Minnesota Session Laws - 2018, Regular Session

CHAPTER 143--S.F.No. 614

An act

relating to health licensing; modifying the Minnesota Athletic Trainers Act and Minnesota Psychology Practice Act;

amending Minnesota Statutes 2016, sections 148.7802, subdivisions 2, 3, 6, 9; 148.7803; 148.7804; 148.7805, subdivisions 1, 3; 148.7806; 148.7808, subdivision 1; 148.7809, subdivisions 1, 2, 4; 148.7810, subdivisions 1, 3; 148.7811; 148.7812, subdivisions 1, 2, 4; 148.7813, subdivision 5; 148.7815; 148.915; Minnesota Statutes 2017 Supplement, section 148.925, subdivisions 5, 6; repealing Minnesota Statutes 2016, sections 148.7808, subdivisions 3, 4, 5; 148.7812, subdivisions 3, 5.

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

Section 1.

Minnesota Statutes 2016, section 148.7802, subdivision 2, is amended to read:

Subd. 2.

Approved continuing education program.

"Approved continuing education program" means a continuing education program that meets the deleted text begin continuing education deleted text end new text begin maintenance of competence new text end requirements in section 148.7812 and is approved by the board.

Sec. 2.

Minnesota Statutes 2016, section 148.7802, subdivision 3, is amended to read:

Subd. 3.

Approved education program.

"Approved education program" means deleted text begin a university, college, or other postsecondary deleted text end new text begin an new text end education program deleted text begin of athletic training deleted text end new text begin offered by an accredited university, college, or other postsecondary institution new text end that, at the time the student completes the program, deleted text begin is approved or accredited by a nationally recognized accreditation agency for athletic training education programs approved by the board. deleted text end new text begin the student is eligible to attain national certification as an athletic trainer from the Board of Certification for the Athletic Trainer or its recognized successor. new text end

Sec. 3.

Minnesota Statutes 2016, section 148.7802, subdivision 6, is amended to read:

Subd. 6.

Athletic trainer.

"Athletic trainer" means a person who engages in athletic training under section 148.7806 and is deleted text begin registered deleted text end new text begin licensed new text end under section 148.7808.

Sec. 4.

Minnesota Statutes 2016, section 148.7802, subdivision 9, is amended to read:

Subd. 9.

Credentialing examination.

"Credentialing examination" means an examination administered by the Board of Certification deleted text begin , deleted text end new text begin for the Athletic Trainer new text end or deleted text begin the board's deleted text end new text begin its new text end recognized successor deleted text begin , for credentialing as an athletic trainer, or an examination for credentialing offered by a national testing service that is approved by the board deleted text end .

Sec. 5.

Minnesota Statutes 2016, section 148.7803, is amended to read:

148.7803 deleted text begin DESIGNATION OF ATHLETIC TRAINER deleted text end new text begin PROHIBITED PRACTICE OR USE OF TITLES; PENALTY new text end .

new text begin Subdivision 1. new text end

new text begin License required. new text end

new text begin No person shall engage in athletic training without first being licensed under sections 148.7801 to 148.7815. A person engages in athletic training if the person performs or offers to perform athletic training as defined in section 148.7806. new text end

deleted text begin Subdivision 1. deleted text end new text begin Subd. 2. new text end

Designation.

new text begin (a) new text end A person shall not use in connection with the person's name new text begin or in any form of advertising, professional literature, or billing that relates to the person's occupation or profession as an athletic trainer, new text end the words or letters registered athletic trainer; licensed athletic trainer; Minnesota registered athletic trainer; athletic trainer; AT; new text begin LAT; new text end ATR; or any words, letters, abbreviations, or insignia indicating or implying that the person is an athletic trainer, without deleted text begin a certificate of registration deleted text end new text begin being licensed new text end as an athletic trainer deleted text begin issued deleted text end under sections deleted text begin 148.7808 to 148.7810 deleted text end new text begin 148.7801 to 148.7815 new text end . deleted text begin A student attending a college or university athletic training program must be identified as an "athletic training student." deleted text end

new text begin (b) Any person who is exempt from licensure under subdivision 3 must not use any of the titles identified in paragraph (a), or any description stating or implying that they are engaged in the practice of athletic training or that they are licensed to engage in the practice of athletic training. new text end

new text begin Subd. 3. new text end

new text begin Exceptions. new text end

new text begin (a) Nothing in sections 148.7801 to 148.7815 shall be construed to prohibit the practice of any profession or occupation licensed or registered by the state or to perform any act that falls within the scope of practice of the licensed or registered profession or occupation. new text end

new text begin (b) Nothing in sections 148.7801 to 148.7815 shall be construed to require an athletic trainer license for: new text end

new text begin (1) a student engaged in athletic training as part of an accredited athletic training program if the student is under the direct supervision of a licensed athletic trainer and is identified as an "athletic training student;" or new text end

new text begin (2) an athletic trainer as a member of the United States armed forces while performing duties incident to duty. new text end

Subd. deleted text begin 2 deleted text end new text begin 4 new text end .

Penalty.

A person who violates this section is guilty of a misdemeanor and subject to section 214.11.

Sec. 6.

Minnesota Statutes 2016, section 148.7804, is amended to read:

148.7804 POWERS OF THE BOARD.

The board, acting under the advice of the Athletic Trainers Advisory Council, shall issue all deleted text begin registrations deleted text end new text begin licenses new text end and shall exercise the following powers and duties:

(1) adopt rules necessary to implement sections 148.7801 to 148.7815;

(2) prescribe deleted text begin registration deleted text end new text begin license new text end application forms, deleted text begin certificate of registration deleted text end new text begin license new text end forms, protocol forms, and other necessary forms;

(3) approve a deleted text begin registration deleted text end new text begin licensure new text end examination;

(4) keep a complete record of deleted text begin registered deleted text end new text begin licensed new text end athletic trainers, prepare a current official listing of the names and addresses of deleted text begin registered deleted text end new text begin licensed new text end athletic trainers, and make a copy of the list available to any person requesting it upon payment of a copying fee established by the board;

(5) keep a permanent record of all its proceedings; and

(6) establish the duties of, and employ, clerical personnel.

Sec. 7.

Minnesota Statutes 2016, section 148.7805, subdivision 1, is amended to read:

Subdivision 1.

Membership.

The Athletic Trainers Advisory Council is created and is composed of eight members appointed by the board. The advisory council consists of:

(1) two public members as defined in section 214.02;

(2) three members who are deleted text begin registered deleted text end new text begin licensed new text end athletic trainers, one being both a licensed physical therapist and deleted text begin registered deleted text end new text begin licensed new text end athletic trainer as submitted by the Minnesota American Physical Therapy Association;

(3) two members who are medical physicians licensed by the state and have experience with athletic training and sports medicine; and

(4) one member who is a doctor of chiropractic licensed by the state and has experience with athletic training and sports injuries.

Sec. 8.

Minnesota Statutes 2016, section 148.7805, subdivision 3, is amended to read:

Subd. 3.

Duties.

The advisory council shall:

(1) advise the board regarding standards for athletic trainers;

(2) distribute information regarding athletic trainer standards;

(3) advise the board on enforcement of sections 148.7801 to 148.7815;

(4) review deleted text begin registration deleted text end new text begin license applications new text end and deleted text begin registration deleted text end new text begin license new text end renewal applications and make recommendations to the board;

(5) review complaints in accordance with sections 214.10 and 214.13, subdivision 6;

(6) review investigation reports of complaints and recommend to the board whether disciplinary action should be taken;

(7) advise the board regarding evaluation and treatment protocols;

(8) advise the board regarding approval of continuing education programs; and

(9) perform other duties authorized for advisory councils under chapter 214, as directed by the board.

Sec. 9.

Minnesota Statutes 2016, section 148.7806, is amended to read:

148.7806 ATHLETIC TRAINING.

Athletic training by a deleted text begin registered deleted text end new text begin licensed new text end athletic trainer under section 148.7808 includes the activities described in paragraphs (a) to (e).

(a) An athletic trainer shall:

(1) prevent, recognize, and evaluate athletic injuries;

(2) give emergency care and first aid;

(3) manage and treat athletic injuries; and

(4) rehabilitate and physically recondition athletic injuries.

The athletic trainer may use modalities such as cold, heat, light, sound, electricity, exercise, and mechanical devices for treatment and rehabilitation of athletic injuries to athletes in the primary employment site.

(b) The primary physician shall establish evaluation and treatment protocols to be used by the athletic trainer. The primary physician shall record the protocols on a form prescribed by the board. The protocol form must be updated yearly at the athletic trainer's deleted text begin registration deleted text end new text begin license new text end renewal time and kept on file by the athletic trainer.

(c) At the primary employment site, except in a corporate setting, an athletic trainer may evaluate and treat an athlete for an athletic injury not previously diagnosed for not more than 30 days, or a period of time as designated by the primary physician on the protocol form, from the date of the initial evaluation and treatment. Preventative care after resolution of the injury is not considered treatment. This paragraph does not apply to a person who is referred for treatment by a person licensed in this state to practice medicine as defined in section 147.081, to practice chiropractic as defined in section 148.01, to practice podiatry as defined in section 153.01, or to practice dentistry as defined in section 150A.05 and whose license is in good standing.

(d) An athletic trainer may:

(1) organize and administer an athletic training program including, but not limited to, educating and counseling athletes;

(2) monitor the signs, symptoms, general behavior, and general physical response of an athlete to treatment and rehabilitation including, but not limited to, whether the signs, symptoms, reactions, behavior, or general response show abnormal characteristics; and

(3) make suggestions to the primary physician or other treating provider for a modification in the treatment and rehabilitation of an injured athlete based on the indicators in clause (2).

(e) In a clinical, corporate, and physical therapy setting, when the service provided is, or is represented as being, physical therapy, an athletic trainer may work only under the direct supervision of a physical therapist as defined in section 148.65.

Sec. 10.

Minnesota Statutes 2016, section 148.7808, subdivision 1, is amended to read:

Subdivision 1.

deleted text begin Registration deleted text end new text begin Licensure new text end .

The board may issue deleted text begin a certificate of registration as deleted text end an athletic trainer new text begin license new text end to applicants who meet the requirements under this section. An applicant for deleted text begin registration deleted text end new text begin licensure new text end as an athletic trainer shall new text begin : new text end

new text begin (1) new text end pay a fee under section 148.7815 deleted text begin and deleted text end new text begin ; new text end

new text begin (2) new text end file a written application on a form, provided by the board, that includes:

deleted text begin (1) deleted text end new text begin (i) new text end the applicant's name, Social Security number, home address and telephone number, business address and telephone number, and business setting;

deleted text begin (2) deleted text end new text begin (ii) new text end evidence satisfactory to the board of deleted text begin the successful completion of an education program approved by the board deleted text end new text begin current national credentialing as a certified athletic trainer by the Board of Certification for the Athletic Trainer or its recognized successor new text end ;

deleted text begin (3) deleted text end new text begin (iii) new text end educational background;

deleted text begin (4) proof of a baccalaureate or master's degree from an accredited college or university; deleted text end

deleted text begin (5) credentials held in other jurisdictions; deleted text end

new text begin (iv) credentials held in this state or in other jurisdictions; new text end

deleted text begin (6) deleted text end new text begin (v) new text end a description of any deleted text begin other deleted text end jurisdiction's refusal to credential the applicant;

deleted text begin (7) deleted text end new text begin (vi) new text end a description of all professional disciplinary actions initiated against the applicant in any deleted text begin other deleted text end jurisdiction;

deleted text begin (8) deleted text end new text begin (vii) new text end any history of drug or alcohol abuse, and any misdemeanor or felony conviction;

deleted text begin (9) evidence satisfactory to the board of a qualifying score on a credentialing examination; deleted text end

deleted text begin (10) deleted text end new text begin (viii) new text end additional information as requested by the board;

deleted text begin (11) deleted text end new text begin (ix) new text end the applicant's signature on a statement that the information in the application is true and correct to the best of the applicant's knowledge and belief; and

deleted text begin (12) deleted text end new text begin (x) new text end the applicant's signature on a waiver authorizing the board to obtain access to the applicant's records in this state or any other state in which the applicant has completed an education program approved by the board deleted text begin or deleted text end new text begin , new text end engaged in the practice of athletic training deleted text begin . deleted text end new text begin , or held other professional credentials; new text end

new text begin (3) if the applicant holds or has held a credential as an athletic trainer in another jurisdiction, provide verification from the credentialing body in each jurisdiction that the applicant holds or has held a credential for the practice of athletic training; and new text end

new text begin (4) if the applicant holds or has held a credential as another health professional in this state or another jurisdiction, provide verification from the credentialing body for that profession that the applicant holds or has held a credential for the practice of that profession. new text end

Sec. 11.

Minnesota Statutes 2016, section 148.7809, subdivision 1, is amended to read:

Subdivision 1.

Requirements for deleted text begin registration deleted text end new text begin license new text end renewal.

deleted text begin A registered athletic trainer shall apply to the board for a one-year extension of registration by paying a fee under section 148.7815 and filing deleted text end An new text begin athletic trainer license issued under section 148.7808 expires annually. To renew a license, an athletic trainer shall pay a fee as required by section 148.7815 and complete a renewal new text end application on a form provided by the board that includes:

(1) the athletic trainer's name, Minnesota athletic trainer deleted text begin registration deleted text end new text begin license new text end number, home address and telephone number, business address and telephone number, and business setting;

(2) work history for the past year, including the average number of hours worked per week;

(3) a report of any change in status since initial deleted text begin registration deleted text end new text begin licensure new text end or previous deleted text begin registration deleted text end new text begin license new text end renewal;

(4) evidence satisfactory to the board of having met the continuing education requirements of section 148.7812;

(5) the athletic trainer's signature on a statement that a current copy of the protocol form is on file at the athletic trainer's primary employment site; deleted text begin and deleted text end

(6) deleted text begin additional information as requested by the board deleted text end new text begin any history of drug or alcohol abuse, and any misdemeanor or felony conviction; and new text end

new text begin (7) any disciplinary action on any credential held in this state or in another jurisdiction new text end .

Sec. 12.

Minnesota Statutes 2016, section 148.7809, subdivision 2, is amended to read:

Subd. 2.

deleted text begin Registration deleted text end new text begin License new text end renewal notice.

deleted text begin Before June 1 of each year, deleted text end The board shall new text begin annually new text end send out a renewal notice to an athletic trainer's last known address on file with the board. The notice shall include an application for deleted text begin registration deleted text end new text begin license new text end renewal and notice of the fees required for renewal. An athletic trainer who does not receive a renewal notice must still meet the requirements for deleted text begin registration deleted text end new text begin license new text end renewal under this section.

Sec. 13.

Minnesota Statutes 2016, section 148.7809, subdivision 4, is amended to read:

Subd. 4.

deleted text begin Lapse of registration status deleted text end new text begin Licensure following lapse of licensed status for two years or less new text end .

(a) deleted text begin Except as provided in paragraph (b), deleted text end new text begin In order to regain licensed status, new text end an athletic trainer whose deleted text begin registration deleted text end new text begin license new text end has lapsed new text begin for two years or less new text end must:

(1) apply for deleted text begin registration deleted text end new text begin license new text end renewal under deleted text begin this section deleted text end new text begin subdivision 1 new text end ; deleted text begin and deleted text end

deleted text begin (2) submit evidence satisfactory to the board from a licensed medical physician verifying employment in athletic training for eight weeks every three years during the time of the lapse in registration. deleted text end

new text begin (2) document compliance with the continuing education requirements in section 148.7812 since the athletic trainer's initial licensure or last renewal; and new text end

new text begin (3) submit the fees required by section 148.7815 for the period the athletic trainer was not licensed, including the fee for late renewal. new text end

(b) The board shall not renew, reissue, reinstate, or restore a deleted text begin registration deleted text end new text begin license new text end that has lapsed after June 30, 1999, and has not been renewed within two annual renewal cycles starting July 1, 2001. An athletic trainer whose deleted text begin registration deleted text end new text begin license new text end is canceled for nonrenewal must obtain a new deleted text begin registration deleted text end new text begin license new text end by applying for deleted text begin registration deleted text end new text begin licensure new text end and fulfilling all requirements then in existence for an initial deleted text begin registration deleted text end new text begin license new text end .

Sec. 14.

Minnesota Statutes 2016, section 148.7810, subdivision 1, is amended to read:

Subdivision 1.

Verification of application information.

The board or advisory council, with the approval of the board, may verify information provided by an applicant for deleted text begin registration deleted text end new text begin licensure new text end under section 148.7808 and deleted text begin registration deleted text end new text begin license new text end renewal under section 148.7809 to determine whether the information is accurate and complete.

Sec. 15.

Minnesota Statutes 2016, section 148.7810, subdivision 3, is amended to read:

Subd. 3.

Request for hearing by applicant denied deleted text begin registration deleted text end new text begin licensure new text end .

An applicant denied deleted text begin registration deleted text end new text begin licensure new text end shall be notified of the determination, and the grounds for it, and may request a hearing on the determination under Minnesota Rules, part 5615.0300, by filing a written statement of issues with the board within 20 days after receipt of the notice from the board. After the hearing, the board shall notify the applicant in writing of its decision.

Sec. 16.

Minnesota Statutes 2016, section 148.7811, is amended to read:

148.7811 CHANGE OF ADDRESS.

A deleted text begin registered deleted text end new text begin licensed new text end athletic trainer must notify the board, in writing, within 30 days of a change of address.

Sec. 17.

Minnesota Statutes 2016, section 148.7812, subdivision 1, is amended to read:

Subdivision 1.

deleted text begin Number of contact hours required deleted text end new text begin Board of Certification for the Athletic Trainer requirements new text end .

An athletic trainer shall deleted text begin complete during every three-year period at least the equivalent of 60 contact hours of continuing professional postdegree education in programs approved by the board. deleted text end new text begin meet the professional development requirements of the Board of Certification for the Athletic Trainer in order to maintain Board of Certification for the Athletic Trainer certification. These requirements may be met through a board-approved continuing education program. new text end

Sec. 18.

Minnesota Statutes 2016, section 148.7812, subdivision 2, is amended to read:

Subd. 2.

Approved programs.

The board shall approve a continuing education program that has been approved for deleted text begin continuing education credit deleted text end new text begin maintenance of competence new text end by the Board of Certification deleted text begin , deleted text end new text begin for the Athletic Trainer new text end or deleted text begin the board's deleted text end new text begin its new text end recognized successor.

Sec. 19.

Minnesota Statutes 2016, section 148.7812, subdivision 4, is amended to read:

Subd. 4.

Verification of continuing education deleted text begin credits deleted text end new text begin requirements new text end .

The board shall periodically select a random sample of athletic trainers and require the athletic trainers to show evidence to the board of having completed the continuing education requirements attested to by the athletic trainer. Either the athletic trainer or state or national organizations that maintain continuing education records may provide to the board documentation of attendance at a continuing education program.

Sec. 20.

Minnesota Statutes 2016, section 148.7813, subdivision 5, is amended to read:

Subd. 5.

Discipline; reporting.

For the purposes of this chapter, deleted text begin registered deleted text end new text begin licensed new text end athletic trainers and applicants are subject to sections 147.091 to 147.162.

Sec. 21.

Minnesota Statutes 2016, section 148.7815, is amended to read:

148.7815 FEES.

Subdivision 1.

Fees.

The board shall establish fees as follows:

(1) application fee, $50; new text begin and new text end

(2) annual deleted text begin registration deleted text end new text begin license new text end fee, $100 deleted text begin ; deleted text end

deleted text begin (3) temporary registration, $100; and deleted text end

deleted text begin (4) temporary permit, $50 deleted text end .

Subd. 2.

Proration of fees.

The board may prorate the initial annual fee for deleted text begin registration deleted text end new text begin licensure new text end under section 148.7808. Athletic trainers deleted text begin registered deleted text end new text begin licensed new text end under section 148.7808 are required to pay the full fee upon deleted text begin registration deleted text end new text begin license new text end renewal.

Subd. 3.

Penalty for a late application for deleted text begin registration deleted text end new text begin license new text end renewal.

The penalty for late submission of a deleted text begin registration deleted text end new text begin license new text end renewal application under section 148.7809 is $15.

Subd. 4.

Nonrefundable fees.

The fees in this section are nonrefundable.

Sec. 22.

Minnesota Statutes 2016, section 148.915, is amended to read:

148.915 RECIPROCITY.

(a) The board may grant a license to an applicant who meets the following requirements:

(1) submits to the board a notarized application for licensure as a licensed psychologist by reciprocity;

(2) at the time of application, is licensed, certified, or registered to practice psychology in another state or jurisdiction, and has been for at least deleted text begin five deleted text end new text begin two new text end consecutive years immediately preceding the date of application;

(3) has a doctoral degree in psychology, which formed the basis for current licensure in another state or jurisdiction;

(4) is of good moral character and has no pending complaints or active disciplinary or corrective actions in any jurisdiction; and

(5) passes the Professional Responsibility Examination administered by the board and pays the fee associated with sitting for the examination.

(b) If by the laws of any state or the rulings or decisions of the appropriate officers or boards thereof, any burden, obligation, requirement, disqualification, or disability is put upon licensed psychologists licensed and in good standing in this state, affecting the right of these licensed psychologists to be registered or licensed in that state, then the same or like burden, obligation, requirement, disqualification, or disability may be put upon the licensure in this state of licensed psychologists licensed in that state.

Sec. 23.

Minnesota Statutes 2017 Supplement, section 148.925, subdivision 5, is amended to read:

Subd. 5.

Supervisory consultation for an applicant for licensure as a licensed psychologist.

Supervision of an applicant for licensure as a licensed psychologist deleted text begin shall include at least two deleted text end new text begin must total 100 new text end hours new text begin and must include two hours per week new text end of regularly scheduled in-person consultations deleted text begin per week deleted text end new text begin . new text end For full-time deleted text begin employment deleted text end new text begin experience new text end , one hour deleted text begin of which shall deleted text end new text begin must new text end be with the new text begin primary new text end supervisor on an individual basis. The remaining hour may be with a designated supervisor. The board may approve an exception to the weekly supervision requirement for a week when the supervisor was ill or otherwise unable to provide supervision. The board may prorate the two hours per week of supervision for individuals preparing for licensure on a part-time basis. Supervised psychological employment does not qualify for licensure when the supervisory consultation is not adequate as described in subdivision 1, or in the board rules. new text begin The board shall not require a supervisee to have more than two hours of supervision per week for the purpose of obtaining a license, unless the supervisee is making up missed hours as permitted by the board. new text end

Sec. 24.

Minnesota Statutes 2017 Supplement, section 148.925, subdivision 6, is amended to read:

Subd. 6.

deleted text begin Supervisee duties deleted text end new text begin Services provided by individuals preparing for licensure new text end .

deleted text begin Applicants deleted text end new text begin Individuals new text end preparing for licensure as a licensed psychologist during their postdegree supervised psychological deleted text begin employment deleted text end new text begin experience new text end may perform deleted text begin as part of their training deleted text end any of the services specified in section 148.89, deleted text begin subdivision 5 deleted text end deleted text begin , but only under qualified supervision deleted text end new text begin if the services are performed as part of their training new text end .

Sec. 25.

new text begin REVISOR'S INSTRUCTION. new text end

new text begin In Minnesota Statutes and Minnesota Rules, the revisor of statutes shall change the term "register" or "registration" to "license" or "licensure" or similar terms wherever they appear in Minnesota Statutes and Minnesota Rules when referring to athletic trainers. new text end

Sec. 26.

new text begin REPEALER. new text end

new text begin Minnesota Statutes 2016, sections 148.7808, subdivisions 3, 4, and 5; and 148.7812, subdivisions 3 and 5, new text end new text begin are repealed. new text end

Sec. 27.

new text begin EFFECTIVE DATE. new text end

new text begin Sections 1 to 21, 25, and 26 are effective July 1, 2018. Athletic trainers' registrations shall be converted to licenses at the next renewal. For purposes of interpreting sections 1 to 21, 25, and 26 after July 1, 2018, but before a registration is converted to a license, a registration is equivalent to a license. new text end

Presented to the governor May 14, 2018

Signed by the governor May 17, 2018, 3:01 p.m.