HF 526

as introduced - 90th Legislature (2017 - 2018) Posted on 03/01/2017 02:36pm

A bill for an act
relating to health occupations; creating a state Board of Occupational Therapy
Practice; amending Minnesota Statutes 2016, sections 148.6402, subdivision 4;
148.6405; 148.6408, subdivision 2; 148.6410, subdivision 2; 148.6412, subdivision
2; 148.6415; 148.6418, subdivisions 1, 2, 4, 5; 148.6420, subdivisions 1, 3, 5;
148.6423; 148.6425, subdivisions 2, 3; 148.6428; 148.6443, subdivisions 5, 6, 7,
8; 148.6445, subdivisions 1, 10; 148.6448; 214.01, subdivision 2; proposing coding
for new law in Minnesota Statutes, chapter 148; repealing Minnesota Statutes
2016, sections 148.6402, subdivision 2; 148.6450.

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

Section 1.

Minnesota Statutes 2016, section 148.6402, subdivision 4, is amended to read:

Subd. 4.

deleted text begin Commissioner deleted text end new text begin Board new text end .

" deleted text begin Commissioner deleted text end new text begin Board new text end " means the deleted text begin commissioner of
health or a designee deleted text end new text begin Board of Occupational Therapy Practice established in section 148.6449 new text end .

Sec. 2.

Minnesota Statutes 2016, section 148.6405, is amended to read:

148.6405 LICENSURE APPLICATION REQUIREMENTS: PROCEDURES AND
QUALIFICATIONS.

(a) An applicant for licensure must comply with the application requirements in section
148.6420. To qualify for licensure, an applicant must satisfy one of the requirements in
paragraphs (b) to (f) and not be subject to denial of licensure under section 148.6448.

(b) A person who applies for licensure as an occupational therapist and who has not
been credentialed by the National Board for Certification in Occupational Therapy or another
jurisdiction must meet the requirements in section 148.6408.

(c) A person who applies for licensure as an occupational therapy assistant and who has
not been credentialed by the National Board for Certification in Occupational Therapy or
another jurisdiction must meet the requirements in section 148.6410.

(d) A person who is certified by the National Board for Certification in Occupational
Therapy may apply for licensure by equivalency and must meet the requirements in section
148.6412.

(e) A person who is credentialed in another jurisdiction may apply for licensure by
reciprocity and must meet the requirements in section 148.6415.

(f) A person who applies for temporary licensure must meet the requirements in section
148.6418.

(g) A person who applies for licensure under paragraph (b), (c), or (f) more than two
and less than four years after meeting the requirements in section 148.6408 or 148.6410
must submit the following:

(1) a completed and signed application for licensure on forms provided by the
deleted text begin commissioner deleted text end new text begin board new text end ;

(2) the license application fee required under section 148.6445;

(3) if applying for occupational therapist licensure, proof of having met a minimum of
24 contact hours of continuing education in the two years preceding licensure application,
or if applying for occupational therapy assistant licensure, proof of having met a minimum
of 18 contact hours of continuing education in the two years preceding licensure application;

(4) verified documentation of successful completion of 160 hours of supervised practice
approved by the deleted text begin commissioner deleted text end new text begin board new text end under a limited license specified in section 148.6425,
subdivision 3, paragraph (c); and

(5) additional information as requested by the deleted text begin commissioner deleted text end new text begin board new text end to clarify information
in the application, including information to determine whether the individual has engaged
in conduct warranting disciplinary action under section 148.6448. The information must be
submitted within 30 days after the deleted text begin commissioner's deleted text end new text begin board's new text end request.

(h) A person who applied for licensure under paragraph (b), (c), or (f) four years or more
after meeting the requirements in section 148.6408 or 148.6410 must meet all the
requirements in paragraph (g) except clauses (3) and (4), submit documentation of having
retaken and passed the credentialing examination for occupational therapist or occupational
therapy assistant, or of having completed an occupational therapy refresher program that
contains both a theoretical and clinical component approved by the deleted text begin commissioner deleted text end new text begin board new text end ,
and verified documentation of successful completion of 480 hours of supervised practice
approved by the deleted text begin commissioner deleted text end new text begin board new text end under a limited license specified in section 148.6425,
subdivision 3, paragraph (c). The 480 hours of supervised practice must be completed in
six months and may be completed at the applicant's place of work. Only refresher courses
completed within one year prior to the date of application qualify for approval.

Sec. 3.

Minnesota Statutes 2016, section 148.6408, subdivision 2, is amended to read:

Subd. 2.

Qualifying examination score required.

(a) An applicant must achieve a
qualifying score on the credentialing examination for occupational therapist.

(b) The deleted text begin commissioner deleted text end new text begin board new text end shall determine the qualifying score for the credentialing
examination for occupational therapist. In determining the qualifying score, the deleted text begin commissioner deleted text end new text begin
board new text end shall consider the cut score recommended by the National Board for Certification in
Occupational Therapy, or other national credentialing organization approved by the
deleted text begin commissioner deleted text end new text begin board new text end , using the modified Angoff method for determining cut score or another
method for determining cut score that is recognized as appropriate and acceptable by industry
standards.

(c) The applicant is responsible for:

(1) making arrangements to take the credentialing examination for occupational therapist;

(2) bearing all expenses associated with taking the examination; and

(3) having the examination scores sent directly to the deleted text begin commissioner deleted text end new text begin board new text end from the
testing service that administers the examination.

Sec. 4.

Minnesota Statutes 2016, section 148.6410, subdivision 2, is amended to read:

Subd. 2.

Qualifying examination score required.

(a) An applicant for licensure must
achieve a qualifying score on the credentialing examination for occupational therapy
assistants.

(b) The deleted text begin commissioner deleted text end new text begin board new text end shall determine the qualifying score for the credentialing
examination for occupational therapy assistants. In determining the qualifying score, the
deleted text begin commissioner deleted text end new text begin board new text end shall consider the cut score recommended by the National Board for
Certification in Occupational Therapy, or other national credentialing organization approved
by the deleted text begin commissioner deleted text end new text begin board new text end , using the modified Angoff method for determining cut score
or another method for determining cut score that is recognized as appropriate and acceptable
by industry standards.

(c) The applicant is responsible for:

(1) making all arrangements to take the credentialing examination for occupational
therapy assistants;

(2) bearing all expense associated with taking the examination; and

(3) having the examination scores sent directly to the deleted text begin commissioner deleted text end new text begin board new text end from the
testing service that administers the examination.

Sec. 5.

Minnesota Statutes 2016, section 148.6412, subdivision 2, is amended to read:

Subd. 2.

Persons certified by National Board for Certification in Occupational
Therapy after June 17, 1996.

The deleted text begin commissioner deleted text end new text begin board new text end may license any person certified
by the National Board for Certification in Occupational Therapy as an occupational therapist
after June 17, 1996, if the deleted text begin commissioner deleted text end new text begin board new text end determines the requirements for certification
are equivalent to or exceed the requirements for licensure as an occupational therapist under
section 148.6408. The deleted text begin commissioner deleted text end new text begin board new text end may license any person certified by the National
Board for Certification in Occupational Therapy as an occupational therapy assistant after
June 17, 1996, if the deleted text begin commissioner deleted text end new text begin board new text end determines the requirements for certification are
equivalent to or exceed the requirements for licensure as an occupational therapy assistant
under section 148.6410. Nothing in this section limits the deleted text begin commissioner's deleted text end new text begin board's new text end authority
to deny licensure based upon the grounds for discipline in sections 148.6401 to 148.6450.

Sec. 6.

Minnesota Statutes 2016, section 148.6415, is amended to read:

148.6415 LICENSURE BY RECIPROCITY.

A person who holds a current credential as an occupational therapist in the District of
Columbia or a state or territory of the United States whose standards for credentialing are
determined by the deleted text begin commissioner deleted text end new text begin board new text end to be equivalent to or exceed the requirements for
licensure under section 148.6408 may be eligible for licensure by reciprocity as an
occupational therapist. A person who holds a current credential as an occupational therapy
assistant in the District of Columbia or a state or territory of the United States whose
standards for credentialing are determined by the deleted text begin commissioner deleted text end new text begin board new text end to be equivalent to
or exceed the requirements for licensure under section 148.6410 may be eligible for licensure
by reciprocity as an occupational therapy assistant. Nothing in this section limits the
deleted text begin commissioner's deleted text end new text begin board's new text end authority to deny licensure based upon the grounds for discipline
in sections 148.6401 to 148.6450. An applicant must provide:

(1) the application materials as required by section 148.6420, subdivisions 1, 3, and 4;

(2) the fees required by section 148.6445;

(3) a copy of a current and unrestricted credential for the practice of occupational therapy
as either an occupational therapist or occupational therapy assistant;

(4) a letter from the jurisdiction that issued the credential describing the applicant's
qualifications that entitled the applicant to receive the credential; and

(5) other information necessary to determine whether the credentialing standards of the
jurisdiction that issued the credential are equivalent to or exceed the requirements for
licensure under sections 148.6401 to 148.6450.

Sec. 7.

Minnesota Statutes 2016, section 148.6418, subdivision 1, is amended to read:

Subdivision 1.

Application.

The deleted text begin commissioner deleted text end new text begin board new text end shall issue temporary licensure
as an occupational therapist or occupational therapy assistant to applicants who are not the
subject of a disciplinary action or past disciplinary action, nor disqualified on the basis of
items listed in section 148.6448, subdivision 1.

Sec. 8.

Minnesota Statutes 2016, section 148.6418, subdivision 2, is amended to read:

Subd. 2.

Procedures.

To be eligible for temporary licensure, an applicant must submit
a completed application for temporary licensure on forms provided by the deleted text begin commissioner deleted text end new text begin
board new text end , the fees required by section 148.6445, and one of the following:

(1) evidence of successful completion of the requirements in section 148.6408,
subdivision 1, or 148.6410, subdivision 1;

(2) a copy of a current and unrestricted credential for the practice of occupational therapy
as either an occupational therapist or occupational therapy assistant in another jurisdiction;
or

(3) a copy of a current and unrestricted certificate from the National Board for
Certification in Occupational Therapy stating that the applicant is certified as an occupational
therapist or occupational therapy assistant.

Sec. 9.

Minnesota Statutes 2016, section 148.6418, subdivision 4, is amended to read:

Subd. 4.

Supervision required.

An applicant who has graduated from an accredited
occupational therapy program, as required by section 148.6408, subdivision 1, or 148.6410,
subdivision 1, and who has not passed the examination required by section 148.6408,
subdivision 2, or 148.6410, subdivision 2, must practice under the supervision of a licensed
occupational therapist. The supervising therapist must, at a minimum, supervise the person
working under temporary licensure in the performance of the initial evaluation, determination
of the appropriate treatment plan, and periodic review and modification of the treatment
plan. The supervising therapist must observe the person working under temporary licensure
in order to assure service competency in carrying out evaluation, treatment planning, and
treatment implementation. The frequency of face-to-face collaboration between the person
working under temporary licensure and the supervising therapist must be based on the
condition of each patient or client, the complexity of treatment and evaluation procedures,
and the proficiencies of the person practicing under temporary licensure. The occupational
therapist or occupational therapy assistant working under temporary licensure must provide
verification of supervision on the application form provided by the deleted text begin commissioner deleted text end new text begin board new text end .

Sec. 10.

Minnesota Statutes 2016, section 148.6418, subdivision 5, is amended to read:

Subd. 5.

Expiration of temporary licensure.

A temporary license issued to a person
pursuant to subdivision 2, clause (1), expires six months from the date of issuance for
occupational therapists and occupational therapy assistants or on the date the deleted text begin commissioner deleted text end new text begin
board new text end grants or denies licensure, whichever occurs first. A temporary license issued to a
person pursuant to subdivision 2, clause (2) or (3), expires 90 days after it is issued. Upon
application for renewal, a temporary license shall be renewed once to persons who have
not met the examination requirement under section 148.6408, subdivision 2, or 148.6410,
subdivision 2, within the initial temporary licensure period and who are not the subject of
a disciplinary action nor disqualified on the basis of items in section 148.6448, subdivision
1. Upon application for renewal, a temporary license shall be renewed once to persons who
are able to demonstrate good cause for failure to meet the requirements for licensure under
section 148.6412 or 148.6415 within the initial temporary licensure period and who are not
the subject of a disciplinary action nor disqualified on the basis of items in section 148.6448,
subdivision 1.

Sec. 11.

Minnesota Statutes 2016, section 148.6420, subdivision 1, is amended to read:

Subdivision 1.

Applications for licensure.

An applicant for licensure must:

(1) submit a completed application for licensure on forms provided by the deleted text begin commissioner deleted text end new text begin
board new text end and must supply the information requested on the application, including:

(i) the applicant's name, business address and business telephone number, business
setting, and daytime telephone number;

(ii) the name and location of the occupational therapy program the applicant completed;

(iii) a description of the applicant's education and training, including a list of degrees
received from educational institutions;

(iv) the applicant's work history for the six years preceding the application, including
the number of hours worked;

(v) a list of all credentials currently and previously held in Minnesota and other
jurisdictions;

(vi) a description of any jurisdiction's refusal to credential the applicant;

(vii) a description of all professional disciplinary actions initiated against the applicant
in any jurisdiction;

(viii) information on any physical or mental condition or chemical dependency that
impairs the person's ability to engage in the practice of occupational therapy with reasonable
judgment or safety;

(ix) a description of any misdemeanor or felony conviction that relates to honesty or to
the practice of occupational therapy;

(x) a description of any state or federal court order, including a conciliation court
judgment or a disciplinary order, related to the individual's occupational therapy practice;
and

(xi) a statement indicating the physical agent modalities the applicant will use and
whether the applicant will use the modalities as an occupational therapist or an occupational
therapy assistant under direct supervision;

(2) submit with the application all fees required by section 148.6445;

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

(4) sign a waiver authorizing the deleted text begin commissioner deleted text end new text begin board new text end to obtain access to the applicant's
records in this or any other state in which the applicant holds or previously held a credential
for the practice of an occupation, has completed an accredited occupational therapy education
program, or engaged in the practice of occupational therapy;

(5) submit additional information as requested by the deleted text begin commissioner deleted text end new text begin board new text end ; and

(6) submit the additional information required for licensure by equivalency, licensure
by reciprocity, and temporary licensure as specified in sections 148.6408 to 148.6418.

Sec. 12.

Minnesota Statutes 2016, section 148.6420, subdivision 3, is amended to read:

Subd. 3.

Applicants certified by National Board for Certification in Occupational
Therapy.

An applicant who is certified by the National Board for Certification in
Occupational Therapy must provide the materials required in subdivision 1 and the following:

(1) verified documentation from the National Board for Certification in Occupational
Therapy stating that the applicant is certified as an occupational therapist, registered or
certified occupational therapy assistant, the date certification was granted, and the applicant's
certification number. The document must also include a statement regarding disciplinary
actions. The applicant is responsible for obtaining this documentation by sending a form
provided by the deleted text begin commissioner deleted text end new text begin board new text end to the National Board for Certification in Occupational
Therapy; and

(2) a waiver authorizing the deleted text begin commissioner deleted text end new text begin board new text end to obtain access to the applicant's
records maintained by the National Board for Certification in Occupational Therapy.

Sec. 13.

Minnesota Statutes 2016, section 148.6420, subdivision 5, is amended to read:

Subd. 5.

Action on applications for licensure.

(a) The deleted text begin commissioner deleted text end new text begin board new text end shall
approve, approve with conditions, or deny licensure. The deleted text begin commissioner deleted text end new text begin board new text end shall act on
an application for licensure according to paragraphs (b) to (d).

(b) The deleted text begin commissioner deleted text end new text begin board new text end shall determine if the applicant meets the requirements for
licensure. The deleted text begin commissioner deleted text end new text begin board new text end , or the advisory council at the deleted text begin commissioner's deleted text end new text begin board's new text end
request, may investigate information provided by an applicant to determine whether the
information is accurate and complete.

(c) The deleted text begin commissioner deleted text end new text begin board new text end shall notify an applicant of action taken on the application
and, if licensure is denied or approved with conditions, the grounds for the deleted text begin commissioner's deleted text end new text begin
board's new text end determination.

(d) An applicant denied licensure or granted licensure with conditions may make a
written request to the deleted text begin commissioner deleted text end new text begin board new text end , within 30 days of the date of the deleted text begin commissioner's deleted text end new text begin
board's new text end determination, for reconsideration of the deleted text begin commissioner's deleted text end new text begin board's new text end determination.
Individuals requesting reconsideration may submit information which the applicant wants
considered in the reconsideration. After reconsideration of the deleted text begin commissioner's deleted text end new text begin board's new text end
determination to deny licensure or grant licensure with conditions, the deleted text begin commissioner deleted text end new text begin board new text end
shall determine whether the original determination should be affirmed or modified. An
applicant is allowed no more than one request in any one biennial licensure period for
reconsideration of the deleted text begin commissioner's deleted text end new text begin board's new text end determination to deny licensure or approve
licensure with conditions.

Sec. 14.

Minnesota Statutes 2016, section 148.6423, is amended to read:

148.6423 LICENSURE RENEWAL.

Subdivision 1.

Renewal requirements.

To be eligible for licensure renewal, a licensee
must:

(1) submit a completed and signed application for licensure renewal on forms provided
by the deleted text begin commissioner deleted text end new text begin board new text end ;

(2) submit the renewal fee required under section 148.6445;

(3) submit proof of having met the continuing education requirement of section 148.6443
on forms provided by the deleted text begin commissioner deleted text end new text begin board new text end ; and

(4) submit additional information as requested by the deleted text begin commissioner deleted text end new text begin board new text end to clarify
information presented in the renewal application. The information must be submitted within
30 days after the deleted text begin commissioner's deleted text end new text begin board's new text end request.

Subd. 2.

Renewal deadline.

(a) Except as provided in paragraph (c), licenses must be
renewed every two years. Licensees must comply with the following procedures in paragraphs
(b) to (e):

(b) Each license must state an expiration date. An application for licensure renewal must
be received by the deleted text begin Department of Health deleted text end new text begin board new text end or postmarked at least 30 calendar days
before the expiration date. If the postmark is illegible, the application shall be considered
timely if received at least 21 calendar days before the expiration date.

(c) If the deleted text begin commissioner deleted text end new text begin board new text end changes the renewal schedule and the expiration date is
less than two years, the fee and the continuing education contact hours to be reported at the
next renewal must be prorated.

(d) An application for licensure renewal not received within the time required under
paragraph (b), but received on or before the expiration date, must be accompanied by a late
fee in addition to the renewal fee specified by section 148.6445.

(e) Licensure renewals received after the expiration date shall not be accepted and persons
seeking licensed status must comply with the requirements of section 148.6425.

Subd. 3.

Licensure renewal notice.

At least 60 calendar days before the expiration date
in subdivision 2, the deleted text begin commissioner deleted text end new text begin board new text end shall mail a renewal notice to the licensee's last
known address on file with the deleted text begin commissioner deleted text end new text begin board new text end . The notice must include an application
for licensure renewal and notice of fees required for renewal. The licensee's failure to receive
notice does not relieve the licensee of the obligation to meet the renewal deadline and other
requirements for licensure renewal.

Sec. 15.

Minnesota Statutes 2016, section 148.6425, subdivision 2, is amended to read:

Subd. 2.

Licensure renewal after licensure expiration date.

An individual whose
application for licensure renewal is received after the licensure expiration date must submit
the following:

(1) a completed and signed application for licensure following lapse in licensed status
on forms provided by the deleted text begin commissioner deleted text end new text begin board new text end ;

(2) the renewal fee and the late fee required under section 148.6445;

(3) proof of having met the continuing education requirements in section 148.6443,
subdivision 1; and

(4) additional information as requested by the deleted text begin commissioner deleted text end new text begin board new text end to clarify information
in the application, including information to determine whether the individual has engaged
in conduct warranting disciplinary action as set forth in section 148.6448. The information
must be submitted within 30 days after the deleted text begin commissioner's deleted text end new text begin board's new text end request.

Sec. 16.

Minnesota Statutes 2016, section 148.6425, subdivision 3, is amended to read:

Subd. 3.

Licensure renewal four years or more after licensure expiration date.

(a)
An individual who requests licensure renewal four years or more after the licensure expiration
date must submit the following:

(1) a completed and signed application for licensure on forms provided by the
deleted text begin commissioner deleted text end new text begin board new text end ;

(2) the renewal fee and the late fee required under section 148.6445 if renewal application
is based on paragraph (b), clause (1), (2), or (3), or the renewal fee required under section
148.6445 if renewal application is based on paragraph (b), clause (4);

(3) proof of having met the continuing education requirement in section 148.6443,
subdivision 1, except the continuing education must be obtained in the two years immediately
preceding application renewal; and

(4) at the time of the next licensure renewal, proof of having met the continuing education
requirement, which shall be prorated based on the number of months licensed during the
two-year licensure period.

(b) In addition to the requirements in paragraph (a), the applicant must submit proof of
one of the following:

(1) verified documentation of successful completion of 160 hours of supervised practice
approved by the deleted text begin commissioner deleted text end new text begin board new text end as described in paragraph (c);

(2) verified documentation of having achieved a qualifying score on the credentialing
examination for occupational therapists or the credentialing examination for occupational
therapy assistants administered within the past year;

(3) documentation of having completed a combination of occupational therapy courses
or an occupational therapy refresher program that contains both a theoretical and clinical
component approved by the deleted text begin commissioner deleted text end new text begin board new text end . Only courses completed within one year
preceding the date of the application or one year after the date of the application qualify for
approval; or

(4) evidence that the applicant holds a current and unrestricted credential for the practice
of occupational therapy in another jurisdiction and that the applicant's credential from that
jurisdiction has been held in good standing during the period of lapse.

(c) To participate in a supervised practice as described in paragraph (b), clause (1), the
applicant shall obtain limited licensure. To apply for limited licensure, the applicant shall
submit the completed limited licensure application, fees, and agreement for supervision of
an occupational therapist or occupational therapy assistant practicing under limited licensure
signed by the supervising therapist and the applicant. The supervising occupational therapist
shall state the proposed level of supervision on the supervision agreement form provided
by the deleted text begin commissioner deleted text end new text begin board new text end . The supervising therapist shall determine the frequency and
manner of supervision based on the condition of the patient or client, the complexity of the
procedure, and the proficiencies of the supervised occupational therapist. At a minimum, a
supervising occupational therapist shall be on the premises at all times that the person
practicing under limited licensure is working; be in the room ten percent of the hours worked
each week by the person practicing under limited licensure; and provide daily face-to-face
collaboration for the purpose of observing service competency of the occupational therapist
or occupational therapy assistant, discussing treatment procedures and each client's response
to treatment, and reviewing and modifying, as necessary, each treatment plan. The supervising
therapist shall document the supervision provided. The occupational therapist participating
in a supervised practice is responsible for obtaining the supervision required under this
paragraph and must comply with the deleted text begin commissioner's deleted text end new text begin board's new text end requirements for supervision
during the entire 160 hours of supervised practice. The supervised practice must be completed
in two months and may be completed at the applicant's place of work.

(d) In addition to the requirements in paragraphs (a) and (b), the applicant must submit
additional information as requested by the deleted text begin commissioner deleted text end new text begin board new text end to clarify information in the
application, including information to determine whether the applicant has engaged in conduct
warranting disciplinary action as set forth in section 148.6448. The information must be
submitted within 30 days after the deleted text begin commissioner's deleted text end new text begin board's new text end request.

Sec. 17.

Minnesota Statutes 2016, section 148.6428, is amended to read:

148.6428 CHANGE OF NAME, ADDRESS, OR EMPLOYMENT.

A licensee who changes a name, address, or employment must inform the deleted text begin commissioner deleted text end new text begin
board new text end , in writing, of the change of name, address, employment, business address, or business
telephone number within 30 days. A change in name must be accompanied by a copy of a
marriage certificate or court order. All notices or other correspondence mailed to or served
on a licensee by the deleted text begin commissioner deleted text end new text begin board new text end at the licensee's address on file with the
deleted text begin commissioner deleted text end new text begin board new text end shall be considered as having been received by the licensee.

Sec. 18.

Minnesota Statutes 2016, section 148.6443, subdivision 5, is amended to read:

Subd. 5.

Reporting continuing education contact hours.

Within one month following
licensure expiration, each licensee shall submit verification that the licensee has met the
continuing education requirements of this section on the continuing education report form
provided by the deleted text begin commissioner deleted text end new text begin board new text end . The continuing education report form may require
the following information:

(1) title of continuing education activity;

(2) brief description of the continuing education activity;

(3) sponsor, presenter, or author;

(4) location and attendance dates;

(5) number of contact hours; and

(6) licensee's notarized affirmation that the information is true and correct.

Sec. 19.

Minnesota Statutes 2016, section 148.6443, subdivision 6, is amended to read:

Subd. 6.

Auditing continuing education reports.

(a) The deleted text begin commissioner deleted text end new text begin board new text end may
audit a percentage of the continuing education reports based on random selection. A licensee
shall maintain all documentation required by this section for two years after the last day of
the biennial licensure period in which the contact hours were earned.

(b) All renewal applications that are received after the expiration date may be subject
to a continuing education report audit.

(c) Any licensee against whom a complaint is filed may be subject to a continuing
education report audit.

(d) The licensee shall make the following information available to the deleted text begin commissioner deleted text end new text begin
board new text end for auditing purposes:

(1) a copy of the completed continuing education report form for the continuing education
reporting period that is the subject of the audit including all supporting documentation
required by subdivision 5;

(2) a description of the continuing education activity prepared by the presenter or sponsor
that includes the course title or subject matter, date, place, number of program contact hours,
presenters, and sponsors;

(3) documentation of self-study programs by materials prepared by the presenter or
sponsor that includes the course title, course description, name of sponsor or author, and
the number of hours required to complete the program;

(4) documentation of university, college, or vocational school courses by a course
syllabus, listing in a course bulletin, or equivalent documentation that includes the course
title, instructor's name, course dates, number of contact hours, and course content, objectives,
or goals; and

(5) verification of attendance by:

(i) a signature of the presenter or a designee at the continuing education activity on the
continuing education report form or a certificate of attendance with the course name, course
date, and licensee's name;

(ii) a summary or outline of the educational content of an audio or video educational
activity to verify the licensee's participation in the activity if a designee is not available to
sign the continuing education report form;

(iii) verification of self-study programs by a certificate of completion or other
documentation indicating that the individual has demonstrated knowledge and has
successfully completed the program; or

(iv) verification of attendance at a university, college, or vocational course by an official
transcript.

Sec. 20.

Minnesota Statutes 2016, section 148.6443, subdivision 7, is amended to read:

Subd. 7.

Waiver of continuing education requirements.

The deleted text begin commissioner deleted text end new text begin board new text end may
grant a waiver of the requirements of this section in cases where the requirements would
impose an extreme hardship on the licensee. The request for a waiver must be in writing,
state the circumstances that constitute extreme hardship, state the period of time the licensee
wishes to have the continuing education requirement waived, and state the alternative
measures that will be taken if a waiver is granted. The deleted text begin commissioner deleted text end new text begin board new text end shall set forth,
in writing, the reasons for granting or denying the waiver. Waivers granted by the
deleted text begin commissioner deleted text end new text begin board new text end shall specify, in writing, the time limitation and required alternative
measures to be taken by the licensee. A request for waiver shall be denied if the deleted text begin commissioner deleted text end new text begin
board new text end finds that the circumstances stated by the licensee do not support a claim of extreme
hardship, the requested time period for waiver is unreasonable, the alternative measures
proposed by the licensee are not equivalent to the continuing education activity being waived,
or the request for waiver is not submitted to the deleted text begin commissioner deleted text end new text begin board new text end within 60 days after
the expiration date.

Sec. 21.

Minnesota Statutes 2016, section 148.6443, subdivision 8, is amended to read:

Subd. 8.

Penalties for noncompliance.

The deleted text begin commissioner deleted text end new text begin board new text end shall refuse to renew
or grant, or shall suspend, condition, limit, or qualify the license of any person who the
deleted text begin commissioner deleted text end new text begin board new text end determines has failed to comply with the continuing education
requirements of this section. A licensee may request reconsideration of the deleted text begin commissioner's deleted text end new text begin
board's new text end determination of noncompliance or the penalty imposed under this section by making
a written request to the deleted text begin commissioner deleted text end new text begin board new text end within 30 days of the date of notification to the
applicant. Individuals requesting reconsideration may submit information that the licensee
wants considered in the reconsideration.

Sec. 22.

Minnesota Statutes 2016, section 148.6445, subdivision 1, is amended to read:

Subdivision 1.

Initial licensure fee.

The initial licensure fee for occupational therapists
is $145. The initial licensure fee for occupational therapy assistants is $80. The deleted text begin commissioner deleted text end new text begin
board new text end shall prorate fees based on the number of quarters remaining in the biennial licensure
period.

Sec. 23.

Minnesota Statutes 2016, section 148.6445, subdivision 10, is amended to read:

Subd. 10.

Use of fees.

All fees are nonrefundable. The deleted text begin commissioner deleted text end new text begin board new text end shall only
use fees collected under this section for the purposes of administering this chapter. The
legislature must not transfer money generated by these fees from the state government
special revenue fund to the general fund. deleted text begin Surcharges collected by the commissioner of health
under section 16E.22 are not subject to this subdivision.
deleted text end

Sec. 24.

Minnesota Statutes 2016, section 148.6448, is amended to read:

148.6448 GROUNDS FOR DENIAL OF LICENSURE OR DISCIPLINE;
INVESTIGATION PROCEDURES; DISCIPLINARY ACTIONS.

Subdivision 1.

Grounds for denial of licensure or discipline.

The deleted text begin commissioner deleted text end new text begin board new text end
may deny an application for licensure, may approve licensure with conditions, or may
discipline a licensee using any disciplinary actions listed in subdivision 3 on proof that the
individual has:

(1) intentionally submitted false or misleading information to the deleted text begin commissioner deleted text end new text begin board new text end
or the advisory council;

(2) failed, within 30 days, to provide information in response to a written request by the
deleted text begin commissioner deleted text end new text begin board new text end or advisory council;

(3) performed services of an occupational therapist or occupational therapy assistant in
an incompetent manner or in a manner that falls below the community standard of care;

(4) failed to satisfactorily perform occupational therapy services during a period of
temporary licensure;

(5) violated sections 148.6401 to 148.6450;

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

(7) been convicted of violating any state or federal law, rule, or regulation which directly
relates to the practice of occupational therapy;

(8) aided or abetted another person in violating any provision of sections 148.6401 to
148.6450;

(9) been disciplined for conduct in the practice of an occupation by the state of Minnesota,
another jurisdiction, or a national professional association, if any of the grounds for discipline
are the same or substantially equivalent to those in sections 148.6401 to 148.6450;

(10) not cooperated with the deleted text begin commissioner or advisory council deleted text end new text begin board new text end in an investigation
conducted according to subdivision 2;

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

(12) engaged in dishonest, unethical, or unprofessional conduct in connection with the
practice of occupational therapy that is likely to deceive, defraud, or harm the public;

(13) demonstrated a willful or careless disregard for the health, welfare, or safety of a
client;

(14) performed medical diagnosis or provided treatment, other than occupational therapy,
without being licensed to do so under the laws of this state;

(15) paid or promised to pay a commission or part of a fee to any person who contacts
the occupational therapist for consultation or sends patients to the occupational therapist
for treatment;

(16) engaged in an incentive payment arrangement, other than that prohibited by clause
(15), that promotes occupational therapy overutilization, whereby the referring person or
person who controls the availability of occupational therapy services to a client profits
unreasonably as a result of client treatment;

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

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

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

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

(21) engaged in conduct with a client that is sexual or may reasonably be interpreted by
the client as sexual, or in any verbal behavior that is seductive or sexually demeaning to a
patient;

(22) violated a federal or state court order, including a conciliation court judgment, or
a disciplinary order issued by the deleted text begin commissioner deleted text end new text begin board new text end , related to the person's occupational
therapy practice; or

(23) any other just cause related to the practice of occupational therapy.

Subd. 2.

Investigation of complaints.

The deleted text begin commissioner, or the advisory council when
authorized by the commissioner, deleted text end new text begin board new text end may initiate an investigation upon receiving a
complaint or other oral or written communication that alleges or implies that a person has
violated sections 148.6401 to 148.6450. In the receipt, investigation, and hearing of a
complaint that alleges or implies a person has violated sections 148.6401 to 148.6450, the
deleted text begin commissioner deleted text end new text begin board new text end shall follow the procedures in section 214.10.

Subd. 3.

Disciplinary actions.

If the deleted text begin commissioner deleted text end new text begin board new text end finds that an occupational
therapist or occupational therapy assistant should be disciplined according to subdivision
1, the deleted text begin commissioner deleted text end new text begin board new text end may take any one or more of the following actions:

(1) refuse to grant or renew licensure;

(2) approve licensure with conditions;

(3) revoke licensure;

(4) suspend licensure;

(5) any reasonable lesser action including, but not limited to, reprimand or restriction
on licensure; or

(6) any action authorized by statute.

Subd. 4.

Effect of specific disciplinary action on use of title.

Upon notice from the
deleted text begin commissioner deleted text end new text begin board new text end denying licensure renewal or upon notice that disciplinary actions have
been imposed and the person is no longer entitled to practice occupational therapy and use
the occupational therapy and licensed titles, the person shall cease to practice occupational
therapy, to use titles protected by sections 148.6401 to 148.6450, and to represent to the
public that the person is licensed by the deleted text begin commissioner deleted text end new text begin board new text end .

Subd. 5.

Reinstatement requirements after disciplinary action.

A person who has
had licensure suspended may request and provide justification for reinstatement following
the period of suspension specified by the deleted text begin commissioner deleted text end new text begin board new text end . The requirements of sections
148.6423 and 148.6425 for renewing licensure and any other conditions imposed with the
suspension must be met before licensure may be reinstated.

Subd. 6.

Authority to contract.

The deleted text begin commissioner deleted text end new text begin board new text end shall contract with the health
professionals services program as authorized by sections 214.31 to 214.37 to provide these
services to practitioners under this chapter. The health professionals services program does
not affect the deleted text begin commissioner's deleted text end new text begin board's new text end authority to discipline violations of sections 148.6401
to 148.6450.

Sec. 25.

new text begin [148.6449] BOARD OF OCCUPATIONAL THERAPY PRACTICE.
new text end

new text begin Subdivision 1. new text end

new text begin Creation. new text end

new text begin The Board of Occupational Therapy Practice consists of 11
members appointed by the governor. The members are:
new text end

new text begin (1) five occupational therapists licensed under sections 148.6401 to 148.6449;
new text end

new text begin (2) three occupational therapy assistants licensed under sections 148.6401 to 148.6449;
and
new text end

new text begin (3) three public members, including two members who have received occupational
therapy services or have a family member who has received occupational therapy services,
and one member who is a health care professional or health care provider licensed in
Minnesota.
new text end

new text begin Subd. 2. new text end

new text begin Qualifications of board members. new text end

new text begin (a) The occupational therapy practitioners
appointed to the board must represent a variety of practice areas and settings.
new text end

new text begin (b) At least two occupational therapy practitioners must be employed outside the
seven-county metropolitan area.
new text end

new text begin (c) Board members shall serve for not more than two consecutive terms.
new text end

new text begin Subd. 3. new text end

new text begin Recommendations for appointment. new text end

new text begin Prior to the end of the term of a member
of the board, or within 60 days after a position on the board becomes vacant, the Minnesota
Occupational Therapy Association and other interested persons and organizations may
recommend to the governor members qualified to serve on the board. The governor may
appoint members to the board from the list of persons recommended or from among other
qualified candidates.
new text end

new text begin Subd. 4. new text end

new text begin Officers. new text end

new text begin The board shall biennially elect from its membership a chair, vice-chair,
and secretary-treasurer. Each officer shall serve until a successor is elected.
new text end

new text begin Subd. 5. new text end

new text begin Executive director. new text end

new text begin The board shall appoint and employ an executive director
who is not a member of the board. The employment of the executive director shall be subject
to the terms described in section 214.04, subdivision 2a.
new text end

new text begin Subd. 6. new text end

new text begin Terms; compensation; removal of members. new text end

new text begin Membership terms, compensation
of members, removal of members, the filling of membership vacancies, and fiscal year and
reporting requirements shall be as provided in chapter 214. The provision of staff,
administrative services, and office space; the review and processing of complaints; the
setting of board fees; and other activities relating to board operations shall be conducted
according to chapter 214.
new text end

new text begin Subd. 7. new text end

new text begin Duties of the Board of Occupational Therapy Practice. new text end

new text begin (a) The board shall:
new text end

new text begin (1) adopt and enforce rules and laws necessary for licensing occupational therapy
practitioners;
new text end

new text begin (2) adopt and enforce rules for regulating the professional conduct of the practice of
occupational therapy;
new text end

new text begin (3) issue licenses to qualified individuals in accordance with sections 148.6401 to
148.6449;
new text end

new text begin (4) assess and collect fees for the issuance and renewal of licenses;
new text end

new text begin (5) educate the public about the requirements for licensing occupational therapy
practitioners, educate occupational therapy practitioners about the rules of conduct, and
enable the public to file complaints against applicants and licensees who may have violated
sections 148.6401 to 148.6449; and
new text end

new text begin (6) investigate individuals engaging in practices that violate sections 148.6401 to
148.6449 and take necessary disciplinary, corrective, or other action according to section
148.6448.
new text end

new text begin (b) The board may adopt rules necessary to define standards or carry out the provisions
of sections 148.6401 to 148.6449. Rules shall be adopted according to chapter 14.
new text end

Sec. 26.

Minnesota Statutes 2016, section 214.01, subdivision 2, is amended to read:

Subd. 2.

Health-related licensing board.

"Health-related licensing board" means the
Board of Examiners of Nursing Home Administrators established pursuant to section
144A.19, the Office of Unlicensed Complementary and Alternative Health Care Practice
established pursuant to section 146A.02, the Board of Medical Practice created pursuant to
section 147.01, the Board of Nursing created pursuant to section 148.181, the Board of
Chiropractic Examiners established pursuant to section 148.02, the Board of Optometry
established pursuant to section 148.52, new text begin the Board of Occupational Therapy Practice
established pursuant to section 148.6449, new text end the Board of Physical Therapy established pursuant
to section 148.67, the Board of Psychology established pursuant to section 148.90, the Board
of Social Work pursuant to section 148E.025, the Board of Marriage and Family Therapy
pursuant to section 148B.30, the Board of Behavioral Health and Therapy established by
section 148B.51, the Board of Dietetics and Nutrition Practice established under section
148.622, the Board of Dentistry established pursuant to section 150A.02, the Board of
Pharmacy established pursuant to section 151.02, the Board of Podiatric Medicine established
pursuant to section 153.02, and the Board of Veterinary Medicine established pursuant to
section 156.01.

Sec. 27. new text begin BOARD OF OCCUPATIONAL THERAPY PRACTICE.
new text end

new text begin The governor shall appoint all members to the Board of Occupational Therapy Practice
under Minnesota Statutes, section 148.6449, by October 1, 2017. The governor shall designate
one member of the board to convene the first meeting of the board by November 1, 2017.
The board shall elect officers at its first meeting.
new text end

Sec. 28. new text begin REVISOR'S INSTRUCTION.
new text end

new text begin In Minnesota Statutes, the revisor of statutes shall replace references to Minnesota
Statutes, section 148.6450, with Minnesota Statutes, section 148.6449.
new text end

Sec. 29. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2016, sections 148.6402, subdivision 2; and 148.6450, new text end new text begin are repealed.
new text end

Sec. 30. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 26 and 28 to 29 are effective January 1, 2018. Section 27 is effective August
1, 2017.
new text end

APPENDIX

Repealed Minnesota Statutes: 17-0751

148.6402 DEFINITIONS.

Subd. 2.

Advisory council.

"Advisory council" means the Occupational Therapy Practitioners Advisory Council in section 148.6450.

148.6450 OCCUPATIONAL THERAPY PRACTITIONERS ADVISORY COUNCIL.

Subdivision 1.

Membership.

The commissioner shall appoint seven persons to an Occupational Therapy Practitioners Advisory Council consisting of the following:

(1) two public members, as defined in section 214.02. The public members shall be either persons who have received occupational therapy services or family members of or caregivers to such persons;

(2) two members who are occupational therapists and two occupational therapy assistants licensed under sections 148.6401 to 148.6450, each of whom is employed in a different practice area including, but not limited to, long-term care, school therapy, early intervention, administration, gerontology, industrial rehabilitation, cardiac rehabilitation, physical disability, pediatrics, mental health, home health, and hand therapy. Three of the four occupational therapy practitioners who serve on the advisory council must be currently, and for the three years preceding the appointment, engaged in the practice of occupational therapy or employed as an administrator or an instructor of an occupational therapy program. At least one of the four occupational therapy practitioners who serves on the advisory council must be employed in a rural area; and

(3) one member who is a licensed or registered health care practitioner, or other credentialed practitioner, who works collaboratively with occupational therapy practitioners.

Subd. 2.

Duties.

At the commissioner's request, the advisory council shall:

(1) advise the commissioner regarding the occupational therapy practitioner licensure standards;

(2) advise the commissioner on enforcement of sections 148.6401 to 148.6450;

(3) provide for distribution of information regarding occupational therapy practitioners licensure standards;

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

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

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