1.1 	A bill for an act
1.2 	relating to health; making changes to health board licensing provisions;amending Minnesota Statutes 2010, sections 148.10, subdivision 7; 148.231; 148B.5301, subdivisions 1, 3, 4; 148B.54, subdivisions 2, 3; 148E.060, subdivisions 1, 2, 3, 5, by adding a subdivision; 148E.120; 150A.02; 150A.06, subdivisions 1c, 1d, 3, 4, 6; 150A.09, subdivision 3; 150A.105, subdivision 7; 150A.106, subdivision 1; 150A.14; 214.09, by adding a subdivision; 214.103; 364.09; Laws 2010, chapter 349, sections 1; 2; proposing coding for new law in Minnesota Statutes, chapter 214; repealing Minnesota Rules, parts 6310.3100, subpart 2; 6310.3600; 6310.3700, subpart 1.1.11 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.12 	Section 1. Minnesota Statutes 2010, section 148.10, subdivision 7, is amended to read:
1.13 		Subd. 7.Conviction of a felony-level criminal sexual conduct offense. (a) Except 
1.14 	as provided in paragraph (e) (f), the board shall not grant or renew a license to practice 
1.15 	chiropractic to any person who has been convicted on or after August 1, 2010, of any 
1.16 	of the provisions of sections 609.342, subdivision 1, 609.343, subdivision 1, 609.344, 
1.17 	subdivision 1, paragraphs (c) to (o), or 609.345, subdivision 1, paragraphs (b) to (o).
1.18 	(b) The board shall not grant or renew a license to practice chiropractic to any 
1.19 	person who has been convicted in any other state or country on or after August 1, 2011, 
1.20 	of an offense where the elements of the offense are substantially similar to any of the 
1.21 	offenses listed in paragraph (a).
1.22 	(b) (c) A license to practice chiropractic is automatically revoked if the licensee is 
1.23 	convicted of an offense listed in paragraph (a) of this section.
1.24 	(c) (d) A license to practice chiropractic that has been denied or revoked under this 
1.25 	subdivision is not subject to chapter 364.
1.26 	(d) (e) For purposes of this subdivision, "conviction" means a plea of guilty, a 
1.27 	verdict of guilty by a jury, or a finding of guilty by the court, unless the court stays 
2.1 	imposition or execution of the sentence and final disposition of the case is accomplished at 
2.2 	a nonfelony level.
2.3 	(e) (f) The board may establish criteria whereby an individual convicted of an offense 
2.4 	listed in paragraph (a) of this subdivision may become licensed provided that the criteria:
2.5 	(1) utilize a rebuttable presumption that the applicant is not suitable for licensing or 
2.6 	credentialing;
2.7 	(2) provide a standard for overcoming the presumption; and
2.8 	(3) require that a minimum of ten years has elapsed since the applicant was released 
2.9 	from any incarceration or supervisory jurisdiction related to the offense.
2.10 	The board shall not consider an application under this paragraph if the board 
2.11 	determines that the victim involved in the offense was a patient or a client of the applicant 
2.12 	at the time of the offense.

2.13 	Sec. 2. Minnesota Statutes 2010, section 148.231, is amended to read:
2.14 	148.231 REGISTRATION; FAILURE TO REGISTER; REREGISTRATION; 
2.15 	VERIFICATION.
2.16 		Subdivision 1.Registration. Every person licensed to practice professional or 
2.17 	practical nursing must maintain with the board a current registration for practice as a 
2.18 	registered nurse or licensed practical nurse which must be renewed at regular intervals 
2.19 	established by the board by rule. No certificate of registration shall be issued by the board 
2.20 	to a nurse until the nurse has submitted satisfactory evidence of compliance with the 
2.21 	procedures and minimum requirements established by the board.
2.22 	The fee for periodic registration for practice as a nurse shall be determined by the 
2.23 	board by rule law. A penalty fee shall be added for any application received after the 
2.24 	required date as specified by the board by rule. Upon receipt of the application and the 
2.25 	required fees, the board shall verify the application and the evidence of completion of 
2.26 	continuing education requirements in effect, and thereupon issue to the nurse a certificate 
2.27 	of registration for the next renewal period.
2.28 		Subd. 4.Failure to register. Any person licensed under the provisions of sections 
2.29 	148.171 to 148.285 who fails to register within the required period shall not be entitled to 
2.30 	practice nursing in this state as a registered nurse or licensed practical nurse. 
2.31 		Subd. 5.Reregistration. A person whose registration has lapsed desiring to 
2.32 	resume practice shall make application for reregistration, submit satisfactory evidence of 
2.33 	compliance with the procedures and requirements established by the board, and pay the 
2.34 	registration reregistration fee for the current period to the board. A penalty fee shall be 
2.35 	required from a person who practiced nursing without current registration. Thereupon, the
3.1 	registration certificate shall be issued to the person who shall immediately be placed on 
3.2 	the practicing list as a registered nurse or licensed practical nurse.
3.3 		Subd. 6.Verification. A person licensed under the provisions of sections 148.171 to 
3.4 	148.285 who requests the board to verify a Minnesota license to another state, territory, 
3.5 	or country or to an agency, facility, school, or institution shall pay a fee to the board
3.6 	for each verification. 

3.7 	Sec. 3. Minnesota Statutes 2010, section 148B.5301, subdivision 1, is amended to read:
3.8 		Subdivision 1.General requirements. (a) To be licensed as a licensed professional 
3.9 	clinical counselor (LPCC), an applicant must provide satisfactory evidence to the board 
3.10 	that the applicant:
3.11 	(1) is at least 18 years of age;
3.12 	(2) is of good moral character;
3.13 	(3) has completed a master's or doctoral degree program in counseling or a 
3.14 	related field, as determined by the board based on the criteria in items (i) to (x), that 
3.15 	includes a minimum of 48 semester hours or 72 quarter hours and a supervised field 
3.16 	experience in counseling that is not fewer than 700 hours. The degree must be from 
3.17 	a counseling program recognized by the Council for Accreditation of Counseling and 
3.18 	Related Education Programs (CACREP) or from an institution of higher education that is 
3.19 	accredited by a regional accrediting organization recognized by the Council for Higher 
3.20 	Education Accreditation (CHEA). Specific academic course content and training must 
3.21 	include coursework in each of the following subject areas:
3.22 	(i) helping relationship, including counseling theory and practice;
3.23 	(ii) human growth and development;
3.24 	(iii) lifestyle and career development;
3.25 	(iv) group dynamics, processes, counseling, and consulting;
3.26 	(v) assessment and appraisal;
3.27 	(vi) social and cultural foundations, including multicultural issues;
3.28 	(vii) principles of etiology, treatment planning, and prevention of mental and 
3.29 	emotional disorders and dysfunctional behavior;
3.30 	(viii) family counseling and therapy;
3.31 	(ix) research and evaluation; and
3.32 	(x) professional counseling orientation and ethics;
3.33 	(4) has demonstrated competence in professional counseling by passing the National 
3.34 	Clinical Mental Health Counseling Examination (NCMHCE), administered by the 
3.35 	National Board for Certified Counselors, Inc. (NBCC) and ethical, oral, and situational 
4.1 	examinations as prescribed by the board. In lieu of the NCMHCE, applicants who have 
4.2 	taken and passed the National Counselor Examination (NCE) administered by the NBCC, 
4.3 	or another board-approved examination, need only take and pass the Examination of 
4.4 	Clinical Counseling Practice (ECCP) administered by the NBCC;
4.5 	(5) has earned graduate-level semester credits or quarter-credit equivalents in the 
4.6 	following clinical content areas as follows:
4.7 	(i) six credits in diagnostic assessment for child or adult mental disorders; normative 
4.8 	development; and psychopathology, including developmental psychopathology;
4.9 	(ii) three credits in clinical treatment planning, with measurable goals;
4.10 	(iii) six credits in clinical intervention methods informed by research evidence and 
4.11 	community standards of practice;
4.12 	(iv) three credits in evaluation methodologies regarding the effectiveness of 
4.13 	interventions;
4.14 	(v) three credits in professional ethics applied to clinical practice; and
4.15 	(vi) three credits in cultural diversity; and
4.16 	(6) has demonstrated successful completion of 4,000 hours of supervised, 
4.17 	post-master's degree professional practice in the delivery of clinical services in the 
4.18 	diagnosis and treatment of child and adult mental illnesses and disorders, conducted 
4.19 	according to subdivision 2.
4.20 	(b) If coursework in paragraph (a) was not completed as part of the degree program 
4.21 	required by paragraph (a), clause (3), the coursework must be taken and passed for credit, 
4.22 	and must be earned from a counseling program or institution that meets the requirements 
4.23 	of paragraph (a), clause (3).

4.24 	Sec. 4. Minnesota Statutes 2010, section 148B.5301, subdivision 3, is amended to read:
4.25 		Subd. 3.Conversion from licensed professional counselor to licensed 
4.26 	professional clinical counselor. (a) Until August 1, 2011 2013, an individual currently 
4.27 	licensed in the state of Minnesota as a licensed professional counselor may convert to a 
4.28 	LPCC by providing evidence satisfactory to the board that the applicant has met the 
4.29 	following requirements:
4.30 	(1) is at least 18 years of age;
4.31 	(2) is of good moral character;
4.32 	(3) has a license that is active and in good standing;
4.33 	(4) has no complaints pending, uncompleted disciplinary orders, or corrective 
4.34 	action agreements;
5.1 	(5) has completed a master's or doctoral degree program in counseling or a related 
5.2 	field, as determined by the board, and whose degree was from a counseling program 
5.3 	recognized by CACREP or from an institution of higher education that is accredited by a 
5.4 	regional accrediting organization recognized by CHEA;
5.5 	(6) has earned 24 graduate-level semester credits or quarter-credit equivalents in 
5.6 	clinical coursework which includes content in the following clinical areas:
5.7 	(i) diagnostic assessment for child and adult mental disorders; normative 
5.8 	development; and psychopathology, including developmental psychopathology;
5.9 	(ii) clinical treatment planning, with measurable goals;
5.10 	(iii) clinical intervention methods informed by research evidence and community 
5.11 	standards of practice;
5.12 	(iv) evaluation methodologies regarding the effectiveness of interventions;
5.13 	(v) professional ethics applied to clinical practice; and
5.14 	(vi) cultural diversity;
5.15 	(7) has demonstrated, to the satisfaction of the board, successful completion of 
5.16 	4,000 hours of supervised, post-master's degree professional practice in the delivery of 
5.17 	clinical services in the diagnosis and treatment of child and adult mental illnesses and 
5.18 	disorders; and
5.19 	(8) has paid the LPCC application and licensure fees required in section 148B.53, 
5.20 	subdivision 3.
5.21 	(b) If the coursework in paragraph (a) was not completed as part of the degree 
5.22 	program required by paragraph (a), clause (5), the coursework must be taken and passed 
5.23 	for credit, and must be earned from a counseling program or institution that meets the 
5.24 	requirements in paragraph (a), clause (5).
5.25 	(c) This subdivision expires August 1, 2011 2013.

5.26 	Sec. 5. Minnesota Statutes 2010, section 148B.5301, subdivision 4, is amended to read:
5.27 		Subd. 4.Conversion to licensed professional clinical counselor after August 1, 
5.28 	2011 2013. An individual licensed in the state of Minnesota as a licensed professional 
5.29 	counselor may convert to a LPCC by providing evidence satisfactory to the board that the 
5.30 	applicant has met the requirements of subdivisions 1 and 2, subject to the following:
5.31 	(1) the individual's license must be active and in good standing;
5.32 	(2) the individual must not have any complaints pending, uncompleted disciplinary 
5.33 	orders, or corrective action agreements; and
5.34 	(3) the individual has paid the LPCC application and licensure fees required in 
5.35 	section 148B.53, subdivision 3.

6.1 	Sec. 6. Minnesota Statutes 2010, section 148B.54, subdivision 2, is amended to read:
6.2 		Subd. 2.Continuing education. At the completion of the first four years of 
6.3 	licensure, a licensee must provide evidence satisfactory to the board of completion of 
6.4 	12 additional postgraduate semester credit hours or its equivalent in counseling as 
6.5 	determined by the board, except that no licensee shall be required to show evidence of 
6.6 	greater than 60 semester hours or its equivalent. In addition to completing the requisite 
6.7 	graduate coursework, each licensee shall also complete in the first four years of licensure 
6.8 	a minimum of 40 hours of continuing education activities approved by the board under 
6.9 	Minnesota Rules, part 2150.2540. Graduate credit hours successfully completed in the 
6.10 	first four years of licensure may be applied to both the graduate credit requirement and to 
6.11 	the requirement for 40 hours of continuing education activities. A licensee may receive 15 
6.12 	continuing education hours per semester credit hour or ten continuing education hours 
6.13 	per quarter credit hour. Thereafter, at the time of renewal, each licensee shall provide 
6.14 	evidence satisfactory to the board that the licensee has completed during each two-year 
6.15 	period at least the equivalent of 40 clock hours of professional postdegree continuing 
6.16 	education in programs approved by the board and continues to be qualified to practice 
6.17 	under sections 148B.50 to 148B.593.

6.18 	Sec. 7. Minnesota Statutes 2010, section 148B.54, subdivision 3, is amended to read:
6.19 		Subd. 3.Relicensure following termination. An individual whose license was 
6.20 	terminated prior to August 1, 2010, and who can demonstrate completion of the graduate 
6.21 	credit requirement in subdivision 2, does not need to comply with the continuing education 
6.22 	requirement of Minnesota Rules, part 2150.2520, subpart 4, or with the continuing 
6.23 	education requirements for relicensure following termination in Minnesota Rules, part 
6.24 	2150.0130, subpart 2. This section does not apply to an individual whose license has 
6.25 	been canceled.

6.26 	Sec. 8. Minnesota Statutes 2010, section 148E.060, subdivision 1, is amended to read:
6.27 		Subdivision 1.Students and other persons not currently licensed in another 
6.28 	jurisdiction. (a) The board may issue a temporary license to practice social work to an 
6.29 	applicant who is not licensed or credentialed to practice social work in any jurisdiction 
6.30 	but has:
6.31 	(1) applied for a license under section 148E.055;
6.32 	(2) applied for a temporary license on a form provided by the board;
6.33 	(3) submitted a form provided by the board authorizing the board to complete a 
6.34 	criminal background check;
7.1 	(4) passed the applicable licensure examination provided for in section 148E.055;
7.2 	(5) attested on a form provided by the board that the applicant has completed the 
7.3 	requirements for a baccalaureate or graduate degree in social work from a program 
7.4 	accredited by the Council on Social Work Education, the Canadian Association of Schools 
7.5 	of Social Work, or a similar accreditation accrediting body designated by the board, or a 
7.6 	doctorate in social work from an accredited university; and
7.7 	(6) not engaged in conduct that was or would be in violation of the standards of 
7.8 	practice specified in sections 148E.195 to 148E.240. If the applicant has engaged in 
7.9 	conduct that was or would be in violation of the standards of practice, the board may take 
7.10 	action according to sections 148E.255 to 148E.270.
7.11 	(b) A temporary license issued under this subdivision expires after six months.

7.12 	EFFECTIVE DATE. This section is effective August 1, 2011.

7.13 	Sec. 9. Minnesota Statutes 2010, section 148E.060, subdivision 2, is amended to read:
7.14 		Subd. 2.Emergency situations and persons currently licensed in another 
7.15 	jurisdiction. (a) The board may issue a temporary license to practice social work to an 
7.16 	applicant who is licensed or credentialed to practice social work in another jurisdiction, 
7.17 	may or may not have applied for a license under section 148E.055, and has:
7.18 	(1) applied for a temporary license on a form provided by the board;
7.19 	(2) submitted a form provided by the board authorizing the board to complete a 
7.20 	criminal background check;
7.21 	(3) submitted evidence satisfactory to the board that the applicant is currently 
7.22 	licensed or credentialed to practice social work in another jurisdiction;
7.23 	(4) attested on a form provided by the board that the applicant has completed the 
7.24 	requirements for a baccalaureate or graduate degree in social work from a program 
7.25 	accredited by the Council on Social Work Education, the Canadian Association of Schools 
7.26 	of Social Work, or a similar accreditation accrediting body designated by the board, or a 
7.27 	doctorate in social work from an accredited university; and
7.28 	(5) not engaged in conduct that was or would be in violation of the standards of 
7.29 	practice specified in sections 148E.195 to 148E.240. If the applicant has engaged in 
7.30 	conduct that was or would be in violation of the standards of practice, the board may take 
7.31 	action according to sections 148E.255 to 148E.270.
7.32 	(b) A temporary license issued under this subdivision expires after six months.

7.33 	EFFECTIVE DATE. This section is effective August 1, 2011.

8.1 	Sec. 10. Minnesota Statutes 2010, section 148E.060, is amended by adding a 
8.2 	subdivision to read:
8.3 		Subd. 2a.Programs in candidacy status. (a) The board may issue a temporary 
8.4 	license to practice social work to an applicant who has completed the requirements for a 
8.5 	baccalaureate or graduate degree in social work from a program in candidacy status with 
8.6 	the Council on Social Work Education, the Canadian Association of Schools of Social 
8.7 	Work, or a similar accrediting body designated by the board, and has:
8.8 	(1) applied for a license under section 148E.055;
8.9 	(2) applied for a temporary license on a form provided by the board;
8.10 	(3) submitted a form provided by the board authorizing the board to complete a 
8.11 	criminal background check;
8.12 	(4) passed the applicable licensure examination provided for in section 148E.055; 
8.13 	and
8.14 	(5) not engaged in conduct that is in violation of the standards of practice specified 
8.15 	in sections 148E.195 to 148E.240. If the applicant has engaged in conduct that is in 
8.16 	violation of the standards of practice, the board may take action according to sections 
8.17 	148E.255 to 148E.270.
8.18 	(b) A temporary license issued under this subdivision expires after 12 months but 
8.19 	may be extended at the board's discretion upon a showing that the social work program 
8.20 	remains in good standing with the Council on Social Work Education, the Canadian 
8.21 	Association of Schools of Social Work, or a similar accrediting body designated by the 
8.22 	board. If the board receives notice from the Council on Social Work Education, the 
8.23 	Canadian Association of Schools of Social Work, or a similar accrediting body designated 
8.24 	by the board that the social work program is not in good standing, or that the accreditation 
8.25 	will not be granted to the social work program, the temporary license is immediately 
8.26 	revoked.

8.27 	EFFECTIVE DATE. This section is effective August 1, 2011.

8.28 	Sec. 11. Minnesota Statutes 2010, section 148E.060, subdivision 3, is amended to read:
8.29 		Subd. 3.Teachers. (a) The board may issue a temporary license to practice social 
8.30 	work to an applicant whose permanent residence is outside the United States, who is 
8.31 	teaching social work at an academic institution in Minnesota for a period not to exceed 
8.32 	12 months, who may or may not have applied for a license under section 148E.055, and 
8.33 	who has:
8.34 	(1) applied for a temporary license on a form provided by the board;
9.1 	(2) submitted a form provided by the board authorizing the board to complete a 
9.2 	criminal background check;
9.3 	(3) attested on a form provided by the board that the applicant has completed the 
9.4 	requirements for a baccalaureate or graduate degree in social work; and
9.5 	(4) has not engaged in conduct that was or would be in violation of the standards 
9.6 	of practice specified in sections 148E.195 to 148E.240. If the applicant has engaged in 
9.7 	conduct that was or would be in violation of the standards of practice, the board may take 
9.8 	action according to sections 148E.255 to 148E.270.
9.9 	(b) A temporary license issued under this subdivision expires after 12 months.

9.10 	EFFECTIVE DATE. This section is effective August 1, 2011.

9.11 	Sec. 12. Minnesota Statutes 2010, section 148E.060, subdivision 5, is amended to read:
9.12 		Subd. 5.Temporary license term. (a) A temporary license is valid until expiration, 
9.13 	or until the board issues or denies the license according to section 148E.055, or until 
9.14 	the board revokes the temporary license, whichever comes first. A temporary license is 
9.15 	nonrenewable.
9.16 	(b) A temporary license issued according to subdivision 1 or 2 expires after six 
9.17 	months.
9.18 	(c) A temporary license issued according to subdivision 3 expires after 12 months.

9.19 	EFFECTIVE DATE. This section is effective August 1, 2011.

9.20 	Sec. 13. Minnesota Statutes 2010, section 148E.120, is amended to read:
9.21 	148E.120 REQUIREMENTS OF SUPERVISORS.
9.22 		Subdivision 1.Supervisors licensed as social workers. (a) Except as provided in 
9.23 	paragraph (d) subdivision 2, to be eligible to provide supervision under this section, a 
9.24 	social worker must:
9.25 	(1) have completed 30 hours of training in supervision through coursework from 
9.26 	an accredited college or university, or through continuing education in compliance with 
9.27 	sections 148E.130 to 148E.170;
9.28 	(2) be competent in the activities being supervised; and
9.29 	(3) attest, on a form provided by the board, that the social worker has met the 
9.30 	applicable requirements specified in this section and sections 148E.100 to 148E.115. The 
9.31 	board may audit the information provided to determine compliance with the requirements 
9.32 	of this section.
10.1 	(b) A licensed independent clinical social worker providing clinical licensing 
10.2 	supervision to a licensed graduate social worker or a licensed independent social worker 
10.3 	must have at least 2,000 hours of experience in authorized social work practice, including 
10.4 	1,000 hours of experience in clinical practice after obtaining a licensed independent 
10.5 	clinical social worker license.
10.6 	(c) A licensed social worker, licensed graduate social worker, licensed independent 
10.7 	social worker, or licensed independent clinical social worker providing nonclinical 
10.8 	licensing supervision must have completed the supervised practice requirements specified 
10.9 	in section 148E.100, 148E.105, 148E.106, 148E.110, or 148E.115, as applicable.
10.10 	(d) If the board determines that supervision is not obtainable from an individual 
10.11 	meeting the requirements specified in paragraph (a), the board may approve an alternate 
10.12 	supervisor according to subdivision 2.
10.13 		Subd. 2.Alternate supervisors. (a) The board may approve an alternate supervisor 
10.14 	if: The board may approve an alternate supervisor as determined in this subdivision. The 
10.15 	board shall approve up to 25 percent of the required supervision hours by a licensed mental 
10.16 	health professional who is competent and qualified to provide supervision according to the 
10.17 	mental health professional's respective licensing board, as established by section 245.462, 
10.18 	subdivision 18, clauses (1) to (6), or 245.4871, subdivision 27, clauses (1) to (6).
10.19 	(1) the board determines that supervision is not obtainable according to paragraph 
10.20 	(b);
10.21 	(2) the licensee requests in the supervision plan submitted according to section 
10.22 	148E.125, subdivision 1, that an alternate supervisor conduct the supervision;
10.23 	(3) the licensee describes the proposed supervision and the name and qualifications 
10.24 	of the proposed alternate supervisor; and
10.25 	(4) the requirements of paragraph (d) are met.
10.26 	(b) The board may determine that supervision is not obtainable if:
10.27 	(1) the licensee provides documentation as an attachment to the supervision plan 
10.28 	submitted according to section 148E.125, subdivision 1, that the licensee has conducted a 
10.29 	thorough search for a supervisor meeting the applicable licensure requirements specified 
10.30 	in sections 148E.100 to 148E.115;
10.31 	(2) the licensee demonstrates to the board's satisfaction that the search was 
10.32 	unsuccessful; and
10.33 	(3) the licensee describes the extent of the search and the names and locations of 
10.34 	the persons and organizations contacted.
10.35 	(c) The requirements specified in paragraph (b) do not apply to obtaining licensing 
10.36 	supervision for social work practice if the board determines that there are five or fewer 
11.1 	supervisors meeting the applicable licensure requirements in sections 148E.100 to 
11.2 	148E.115 in the county where the licensee practices social work.
11.3 	(d) An alternate supervisor must:
11.4 	(1) be an unlicensed social worker who is employed in, and provides the supervision 
11.5 	in, a setting exempt from licensure by section 148E.065, and who has qualifications 
11.6 	equivalent to the applicable requirements specified in sections 148E.100 to 148E.115;
11.7 	(2) be a social worker engaged in authorized practice in Iowa, Manitoba, North 
11.8 	Dakota, Ontario, South Dakota, or Wisconsin, and has the qualifications equivalent to the 
11.9 	applicable requirements specified in sections 148E.100 to 148E.115; or
11.10 	(3) be a licensed marriage and family therapist or a mental health professional 
11.11 	as established by section 245.462, subdivision 18, or 245.4871, subdivision 27, or an 
11.12 	equivalent mental health professional, as determined by the board, who is licensed or 
11.13 	credentialed by a state, territorial, provincial, or foreign licensing agency.
11.14 	(e) In order to qualify to provide clinical supervision of a licensed graduate social 
11.15 	worker or licensed independent social worker engaged in clinical practice, the alternate 
11.16 	supervisor must be a mental health professional as established by section 245.462, 
11.17 	subdivision 18, or 245.4871, subdivision 27, or an equivalent mental health professional, 
11.18 	as determined by the board, who is licensed or credentialed by a state, territorial, 
11.19 	provincial, or foreign licensing agency.
11.20 	(b) The board shall approve up to 100 percent of the required supervision hours by 
11.21 	an alternate supervisor if the board determines that:
11.22 	(1) there are five or fewer supervisors in the county where the licensee practices 
11.23 	social work who meet the applicable licensure requirements in subdivision 1;
11.24 	(2) the supervisor is an unlicensed social worker who is employed in, and provides 
11.25 	the supervision in, a setting exempt from licensure by section 148E.065, and who has 
11.26 	qualifications equivalent to the applicable requirements specified in sections 148E.100 to 
11.27 	148E.115;
11.28 	(3) the supervisor is a social worker engaged in authorized social work practice 
11.29 	in Iowa, Manitoba, North Dakota, Ontario, South Dakota, or Wisconsin, and has the 
11.30 	qualifications equivalent to the applicable requirements in sections 148E.100 to 148E.115; 
11.31 	or
11.32 	(4) the applicant or licensee is engaged in nonclinical authorized social work 
11.33 	practice outside of Minnesota and the supervisor meets the qualifications equivalent to 
11.34 	the applicable requirements in sections 148E.100 to 148E.115, or the supervisor is an 
11.35 	equivalent mental health professional, as determined by the board, who is credentialed by 
11.36 	a state, territorial, provincial, or foreign licensing agency; or
12.1 	(5) the applicant or licensee is engaged in clinical authorized social work practice 
12.2 	outside of Minnesota and the supervisor meets qualifications equivalent to the applicable 
12.3 	requirements in section 148E.115, or the supervisor is an equivalent mental health 
12.4 	professional, as determined by the board, who is credentialed by a state, territorial, 
12.5 	provincial, or foreign licensing agency.
12.6 	(c) In order for the board to consider an alternate supervisor under this section, 
12.7 	the licensee must:
12.8 	(1) request in the supervision plan and verification submitted according to section 
12.9 	148E.125 that an alternate supervisor conduct the supervision; and
12.10 	(2) describe the proposed supervision and the name and qualifications of the 
12.11 	proposed alternate supervisor. The board may audit the information provided to determine 
12.12 	compliance with the requirements of this section.

12.13 	EFFECTIVE DATE. This section is effective August 1, 2011.

12.14 	Sec. 14. Minnesota Statutes 2010, section 150A.02, is amended to read:
12.15 	150A.02 BOARD OF DENTISTRY.
12.16 		Subdivision 1.Generally. There is hereby created a Board of Dentistry whose duty 
12.17 	it shall be to carry out the purposes and enforce the provisions of sections 150A.01 to 
12.18 	150A.12. The board shall consist of two public members as defined by section 214.02, 
12.19 	and the following dental professionals who are licensed and reside in Minnesota: five 
12.20 	qualified resident dentists, one qualified resident licensed dental assistant, and one 
12.21 	qualified resident dental hygienist appointed by the governor. One qualified dentist must 
12.22 	be involved with the education, employment, or utilization of a dental therapist or an 
12.23 	advanced dental therapist. Membership terms, compensation of members, removal of 
12.24 	members, the filling of membership vacancies, and fiscal year and reporting requirements 
12.25 	shall be as provided in sections 214.07 to 214.09. The provision of staff, administrative 
12.26 	services and office space; the review and processing of board complaints; the setting 
12.27 	of board fees; and other provisions relating to board operations shall be as provided in 
12.28 	chapter 214. Each board member who is a dentist, licensed dental assistant, or dental 
12.29 	hygienist shall have been lawfully in active practice in this state for five years immediately 
12.30 	preceding appointment; and no board member shall be eligible for appointment to more 
12.31 	than two consecutive four-year terms, and members serving on the board at the time of 
12.32 	the enactment hereof shall be eligible to reappointment provided they shall not have 
12.33 	served more than nine consecutive years at the expiration of the term to which they are to 
12.34 	be appointed. At least 90 days prior to the expiration of the terms of dentists, licensed 
13.1 	dental assistants, or dental hygienists, the Minnesota Dental Association, Minnesota 
13.2 	Dental Assistants Association, or the Minnesota State Dental Hygiene Association shall 
13.3 	recommend to the governor for each term expiring not less than two dentists, two licensed 
13.4 	dental assistants, or two dental hygienists, respectively, who are qualified to serve on the 
13.5 	board, and from the list so recommended the governor may appoint members to the board 
13.6 	for the term of four years, the appointments to be made within 30 days after the expiration 
13.7 	of the terms. Within 60 days after the occurrence of a dentist, licensed dental assistant, or 
13.8 	dental hygienist vacancy, prior to the expiration of the term, in the board, the Minnesota 
13.9 	Dental Association, the Minnesota Dental Assistants Association, or the Minnesota State 
13.10 	Dental Hygiene Association shall recommend to the governor not less than two dentists, 
13.11 	two licensed dental assistants, or two dental hygienists, who are qualified to serve on the 
13.12 	board and from the list so recommended the governor, within 30 days after receiving such 
13.13 	list of dentists, may appoint one member to the board for the unexpired term occasioned 
13.14 	by such vacancy. Any appointment to fill a vacancy shall be made within 90 days after the 
13.15 	occurrence of such vacancy. The first four-year term of the dental hygienist and of the 
13.16 	licensed dental assistant shall commence on the first Monday in January, 1977.

13.17 	Sec. 15. Minnesota Statutes 2010, section 150A.06, subdivision 1c, is amended to read:
13.18 		Subd. 1c.Specialty dentists. (a) The board may grant a specialty license in the 
13.19 	specialty areas of dentistry that are recognized by the American Dental Association.
13.20 	(b) An applicant for a specialty license shall:
13.21 	(1) have successfully completed a postdoctoral specialty education program 
13.22 	accredited by the Commission on Dental Accreditation of the American Dental 
13.23 	Association, or have announced a limitation of practice before 1967;
13.24 	(2) have been certified by a specialty examining board approved by the Minnesota 
13.25 	Board of Dentistry, or provide evidence of having passed a clinical examination for 
13.26 	licensure required for practice in any state or Canadian province, or in the case of oral and 
13.27 	maxillofacial surgeons only, have a Minnesota medical license in good standing;
13.28 	(3) have been in active practice or a postdoctoral specialty education program or 
13.29 	United States government service at least 2,000 hours in the 36 months prior to applying 
13.30 	for a specialty license;
13.31 	(4) if requested by the board, be interviewed by a committee of the board, which 
13.32 	may include the assistance of specialists in the evaluation process, and satisfactorily 
13.33 	respond to questions designed to determine the applicant's knowledge of dental subjects 
13.34 	and ability to practice;
14.1 	(5) if requested by the board, present complete records on a sample of patients 
14.2 	treated by the applicant. The sample must be drawn from patients treated by the applicant 
14.3 	during the 36 months preceding the date of application. The number of records shall be 
14.4 	established by the board. The records shall be reasonably representative of the treatment 
14.5 	typically provided by the applicant;
14.6 	(6) at board discretion, pass a board-approved English proficiency test if English is 
14.7 	not the applicant's primary language;
14.8 	(7) pass all components of the National Dental Board Dental Examinations;
14.9 	(8) pass the Minnesota Board of Dentistry jurisprudence examination;
14.10 	(9) abide by professional ethical conduct requirements; and
14.11 	(10) meet all other requirements prescribed by the Board of Dentistry.
14.12 	(c) The application must include:
14.13 	(1) a completed application furnished by the board;
14.14 	(2) at least two character references from two different dentists, one of whom must 
14.15 	be a dentist practicing in the same specialty area, and the other the director of the specialty 
14.16 	program attended;
14.17 	(3) a licensed physician's statement attesting to the applicant's physical and mental 
14.18 	condition;
14.19 	(4) a statement from a licensed ophthalmologist or optometrist attesting to the 
14.20 	applicant's visual acuity;
14.21 	(5) a nonrefundable fee; and
14.22 	(6) a notarized, unmounted passport-type photograph, three inches by three inches, 
14.23 	taken not more than six months before the date of application.
14.24 	(d) A specialty dentist holding a specialty license is limited to practicing in the 
14.25 	dentist's designated specialty area. The scope of practice must be defined by each national 
14.26 	specialty board recognized by the American Dental Association.
14.27 	(e) A specialty dentist holding a general dentist license is limited to practicing in the 
14.28 	dentist's designated specialty area if the dentist has announced a limitation of practice. 
14.29 	The scope of practice must be defined by each national specialty board recognized by 
14.30 	the American Dental Association.
14.31 	(f) All specialty dentists who have fulfilled the specialty dentist requirements and 
14.32 	who intend to limit their practice to a particular specialty area may apply for a specialty 
14.33 	license.

14.34 	Sec. 16. Minnesota Statutes 2010, section 150A.06, subdivision 1d, is amended to read:
15.1 		Subd. 1d.Dental therapists. A person of good moral character who has graduated 
15.2 	with a baccalaureate degree or a master's degree from a dental therapy education program 
15.3 	that has been approved by the board or accredited by the American Dental Association 
15.4 	Commission on Dental Accreditation or another board-approved national accreditation 
15.5 	organization may apply for licensure.
15.6 	The applicant must submit an application and fee as prescribed by the board and a 
15.7 	diploma or certificate from a dental therapy education program. Prior to being licensed, 
15.8 	the applicant must pass a comprehensive, competency-based clinical examination that is 
15.9 	approved by the board and administered independently of an institution providing dental 
15.10 	therapy education. The clinical examinations for competencies for dental therapy and 
15.11 	advanced dental therapy must be comparable to those administered to dental students 
15.12 	for the same competencies. The applicant must also pass an examination testing the 
15.13 	applicant's knowledge of the Minnesota laws and rules relating to the practice of dentistry. 
15.14 	An applicant who has failed the clinical examination twice is ineligible to retake the 
15.15 	clinical examination until further education and training are obtained as specified by the 
15.16 	board. A separate, nonrefundable fee may be charged for each time a person applies. 
15.17 	An applicant who passes the examination in compliance with subdivision 2b, abides by 
15.18 	professional ethical conduct requirements, and meets all the other requirements of the 
15.19 	board shall be licensed as a dental therapist.

15.20 	Sec. 17. Minnesota Statutes 2010, section 150A.06, subdivision 3, is amended to read:
15.21 		Subd. 3.Waiver of examination. (a) All or any part of the examination for dentists 
15.22 	or dental hygienists, except that pertaining to the law of Minnesota relating to dentistry 
15.23 	and the rules of the board, may, at the discretion of the board, be waived for an applicant 
15.24 	who presents a certificate of qualification from having passed all components of the 
15.25 	National Board of Dental Examiners Examinations or evidence of having maintained an 
15.26 	adequate scholastic standing as determined by the board, in dental school as to dentists, or 
15.27 	dental hygiene school as to dental hygienists.
15.28 	(b) The board shall waive the clinical examination required for licensure for any 
15.29 	dentist applicant who is a graduate of a dental school accredited by the Commission 
15.30 	on Dental Accreditation of the American Dental Association, who has successfully 
15.31 	completed passed all components of the National Dental Board Examination Dental 
15.32 	Examinations, and who has satisfactorily completed a Minnesota-based postdoctoral 
15.33 	general dentistry residency program (GPR) or an advanced education in general dentistry 
15.34 	(AEGD) program after January 1, 2004. The postdoctoral program must be accredited 
15.35 	by the Commission on Dental Accreditation of the American Dental Association, be of 
16.1 	at least one year's duration, and include an outcome assessment evaluation assessing 
16.2 	the resident's competence to practice dentistry. The board may require the applicant to 
16.3 	submit any information deemed necessary by the board to determine whether the waiver is 
16.4 	applicable. The board may waive the clinical examination for an applicant who meets the 
16.5 	requirements of this paragraph and has satisfactorily completed an accredited postdoctoral 
16.6 	general dentistry residency program located outside of Minnesota.

16.7 	Sec. 18. Minnesota Statutes 2010, section 150A.06, subdivision 4, is amended to read:
16.8 		Subd. 4.Licensure by credentials. (a) Any dentist or dental hygienist may, upon 
16.9 	application and payment of a fee established by the board, apply for licensure based on 
16.10 	the applicant's performance record in lieu of passing an examination approved by the 
16.11 	board according to section 150A.03, subdivision 1, and be interviewed by the board to 
16.12 	determine if the applicant:
16.13 	(1) has passed all components of the National Board Dental Examinations;
16.14 	(1) (2) has been in active practice at least 2,000 hours within 36 months of the 
16.15 	application date, or passed a board-approved reentry program within 36 months of the 
16.16 	application date;
16.17 	(2) (3) currently has a license in another state or Canadian province and is not subject 
16.18 	to any pending or final disciplinary action, or if not currently licensed, previously had a 
16.19 	license in another state or Canadian province in good standing that was not subject to any 
16.20 	final or pending disciplinary action at the time of surrender;
16.21 	(3) (4) is of good moral character and abides by professional ethical conduct 
16.22 	requirements;
16.23 	(4) (5) at board discretion, has passed a board-approved English proficiency test if 
16.24 	English is not the applicant's primary language; and
16.25 	(5) (6) meets other credentialing requirements specified in board rule.
16.26 	(b) An applicant who fulfills the conditions of this subdivision and demonstrates 
16.27 	the minimum knowledge in dental subjects required for licensure under subdivision 1 or 
16.28 	2 must be licensed to practice the applicant's profession.
16.29 	(c) If the applicant does not demonstrate the minimum knowledge in dental subjects 
16.30 	required for licensure under subdivision 1 or 2, the application must be denied. When 
16.31 	denying a license, the board may notify the applicant of any specific remedy that the 
16.32 	applicant could take which, when passed, would qualify the applicant for licensure. A 
16.33 	denial does not prohibit the applicant from applying for licensure under subdivision 1 or 2.
16.34 	(d) A candidate whose application has been denied may appeal the decision to the 
16.35 	board according to subdivision 4a.

17.1 	Sec. 19. Minnesota Statutes 2010, section 150A.06, subdivision 6, is amended to read:
17.2 		Subd. 6.Display of name and certificates. (a) The initial license and subsequent 
17.3 	renewal, or current registration certificate, of every dentist, a dental therapist, dental 
17.4 	hygienist, or dental assistant shall be conspicuously displayed in every office in which that 
17.5 	person practices, in plain sight of patients. When available from the board, the board shall 
17.6 	allow the display of a wallet-sized initial license and wallet-sized subsequent renewal 
17.7 	certificate only at nonprimary practice locations instead of displaying an original-sized 
17.8 	initial license and subsequent renewal certificate.
17.9 	(b) Near or on the entrance door to every office where dentistry is practiced, the 
17.10 	name of each dentist practicing there, as inscribed on the current license certificate, shall 
17.11 	be displayed in plain sight.

17.12 	Sec. 20. Minnesota Statutes 2010, section 150A.09, subdivision 3, is amended to read:
17.13 		Subd. 3.Current address, change of address. Every dentist, dental therapist, 
17.14 	dental hygienist, and dental assistant shall maintain with the board a correct and current 
17.15 	mailing address and electronic mail address. For dentists engaged in the practice of 
17.16 	dentistry, the postal address shall be that of the location of the primary dental practice. 
17.17 	Within 30 days after changing postal or electronic mail addresses, every dentist, dental 
17.18 	therapist, dental hygienist, and dental assistant shall provide the board written notice of 
17.19 	the new address either personally or by first class mail.

17.20 	Sec. 21. Minnesota Statutes 2010, section 150A.105, subdivision 7, is amended to read:
17.21 		Subd. 7.Use of dental assistants. (a) A licensed dental therapist may supervise 
17.22 	dental assistants to the extent permitted in the collaborative management agreement and 
17.23 	according to section 150A.10, subdivision 2.
17.24 	(b) Notwithstanding paragraph (a), a licensed dental therapist is limited to 
17.25 	supervising no more than four registered licensed dental assistants or nonregistered
17.26 	nonlicensed dental assistants at any one practice setting.

17.27 	Sec. 22. Minnesota Statutes 2010, section 150A.106, subdivision 1, is amended to read:
17.28 		Subdivision 1.General. In order to be certified by the board to practice as an 
17.29 	advanced dental therapist, a person must:
17.30 	(1) complete a dental therapy education program;
17.31 	(2) pass an examination to demonstrate competency under the dental therapy scope 
17.32 	of practice;
17.33 	(3) be licensed as a dental therapist;
18.1 	(4) complete 2,000 hours of dental therapy clinical practice under direct or indirect 
18.2 	supervision;
18.3 	(5) graduate from a master's advanced dental therapy education program;
18.4 	(6) pass a board-approved certification examination, comparable to those 
18.5 	administered to dental students, to demonstrate competency under the advanced scope of 
18.6 	practice; and
18.7 	(7) submit an application and fee for certification as prescribed by the board.

18.8 	Sec. 23. Minnesota Statutes 2010, section 150A.14, is amended to read:
18.9 	150A.14 IMMUNITY.
18.10 		Subdivision 1.Reporting immunity. A person, health care facility, business, or 
18.11 	organization is immune from civil liability or criminal prosecution for submitting a report 
18.12 	in good faith to the board under section 150A.13, or for cooperating with an investigation 
18.13 	of a report or with staff of the board relative to violations or alleged violations of section 
18.14 	150A.08. Reports are confidential data on individuals under section 13.02, subdivision 3, 
18.15 	and are privileged communications. 
18.16 		Subd. 2.Program Investigation immunity. (a) Members of the board, persons 
18.17 	employed by the board, and board consultants retained by the board are immune from 
18.18 	civil liability and criminal prosecution for any actions, transactions, or publications in 
18.19 	the execution of, or relating to, their duties under section 150A.13 sections 150A.02 to 
18.20 	150A.21, 214.10, and 214.103. 
18.21 	(b) For purposes of this section, a member of the board or a consultant described in 
18.22 	paragraph (a) is considered a state employee under section 3.736, subdivision 9.

18.23 	Sec. 24. Minnesota Statutes 2010, section 214.09, is amended by adding a subdivision 
18.24 	to read:
18.25 		Subd. 5.Health-related boards. No current member of a health-related licensing 
18.26 	board may seek a paid employment position with that board.

18.27 	Sec. 25. Minnesota Statutes 2010, section 214.103, is amended to read:
18.28 	214.103 HEALTH-RELATED LICENSING BOARDS; COMPLAINT, 
18.29 	INVESTIGATION, AND HEARING.
18.30 		Subdivision 1.Application. For purposes of this section, "board" means 
18.31 	"health-related licensing board" and does not include the non-health-related licensing 
18.32 	boards. Nothing in this section supersedes section 214.10, subdivisions 2a, 3, 8, and 9, as 
18.33 	they apply to the health-related licensing boards.
19.1 		Subd. 1a.Notifications and resolution. (a) No more than 14 calendar days after 
19.2 	receiving a complaint regarding a licensee, the board shall notify the complainant that 
19.3 	the board has received the complaint and shall provide the complainant with the written 
19.4 	description of the board's complaint process. The board shall periodically, but no less 
19.5 	than every 120 days, notify the complainant of the status of the complaint consistent 
19.6 	with section 13.41.
19.7 	(b) Except as provided in paragraph (d), no more than 60 calendar days after 
19.8 	receiving a complaint regarding a licensee, the board must notify the licensee that the 
19.9 	board has received a complaint and inform the licensee of:
19.10 	(1) the substance of the complaint;
19.11 	(2) the sections of the law that have allegedly been violated;
19.12 	(3) the sections of the professional rules that have allegedly been violated; and
19.13 	(4) whether an investigation is being conducted.
19.14 	(c) The board shall periodically, but not less than every 120 days, notify the licensee 
19.15 	of the status of the complaint consistent with section 13.41.
19.16 	(d) Paragraphs (b) and (c) do not apply if the board determines that such notice 
19.17 	would compromise the board's investigation and that such notice cannot reasonably be 
19.18 	accomplished within this time.
19.19 	(e) No more than one year after receiving a complaint regarding a licensee, the 
19.20 	board must resolve or dismiss the complaint unless the board determines that resolving or 
19.21 	dismissing the complaint cannot reasonably be accomplished in this time and is not in 
19.22 	the public interest.
19.23 	(f) Failure to make notifications or to resolve the complaint within the time 
19.24 	established in this subdivision shall not deprive the board of jurisdiction to complete the 
19.25 	investigation or to take corrective, disciplinary, or other action against the licensee that is 
19.26 	authorized by law. Such a failure by the board shall not be the basis for a licensee's request 
19.27 	for the board to dismiss a complaint, and shall not be considered by an administrative law 
19.28 	judge, the board, or any reviewing court.
19.29 		Subd. 2.Receipt of complaint. The boards shall receive and resolve complaints 
19.30 	or other communications, whether oral or written, against regulated persons. Before 
19.31 	resolving an oral complaint, the executive director or a board member designated by the 
19.32 	board to review complaints may shall  require the complainant to state the complaint in 
19.33 	writing or authorize transcribing the complaint. The executive director or the designated 
19.34 	board member shall determine whether the complaint alleges or implies a violation of 
19.35 	a statute or rule which the board is empowered to enforce. The executive director or 
19.36 	the designated board member may consult with the designee of the attorney general as 
20.1 	to a board's jurisdiction over a complaint. If the executive director or the designated 
20.2 	board member determines that it is necessary, the executive director may seek additional 
20.3 	information to determine whether the complaint is jurisdictional or to clarify the nature 
20.4 	of the allegations by obtaining records or other written material, obtaining a handwriting 
20.5 	sample from the regulated person, clarifying the alleged facts with the complainant, and 
20.6 	requesting a written response from the subject of the complaint.
20.7 		Subd. 3.Referral to other agencies. The executive director shall forward to 
20.8 	another governmental agency any complaints received by the board which do not relate 
20.9 	to the board's jurisdiction but which relate to matters within the jurisdiction of another 
20.10 	governmental agency. The agency shall advise the executive director of the disposition 
20.11 	of the complaint. A complaint or other information received by another governmental 
20.12 	agency relating to a statute or rule which a board is empowered to enforce must be 
20.13 	forwarded to the executive director of the board to be processed in accordance with this 
20.14 	section. Governmental agencies may coordinate and conduct joint investigations of 
20.15 	complaints that involve more than one governmental agency.
20.16 		Subd. 4.Role of the attorney general. The executive director or the designated 
20.17 	board member shall forward a complaint and any additional information to the designee 
20.18 	of the attorney general when the executive director or the designated board member 
20.19 	determines that a complaint is jurisdictional and:
20.20 	(1) requires investigation before the executive director or the designated board 
20.21 	member may resolve the complaint;
20.22 	(2) that attempts at resolution for disciplinary action or the initiation of a contested 
20.23 	case hearing is appropriate;
20.24 	(3) that an agreement for corrective action is warranted; or
20.25 	(4) that the complaint should be dismissed, consistent with subdivision 8.
20.26 		Subd. 5.Investigation by attorney general. (a) If the executive director or the 
20.27 	designated board member determines that investigation is necessary before resolving 
20.28 	the complaint, the executive director shall forward the complaint and any additional 
20.29 	information to the designee of the attorney general. The designee of the attorney general 
20.30 	shall evaluate the communications forwarded and investigate as appropriate. 
20.31 	(b) The designee of the attorney general may also investigate any other complaint 
20.32 	forwarded under subdivision 3 when the designee of the attorney general determines that 
20.33 	investigation is necessary. 
20.34 	(c) In the process of evaluation and investigation, the designee shall consult with 
20.35 	or seek the assistance of the executive director or the designated board member. The 
20.36 	designee may also consult with or seek the assistance of other qualified persons who are 
21.1 	not members of the board who the designee believes will materially aid in the process of 
21.2 	evaluation or investigation. 
21.3 	(d) Upon completion of the investigation, the designee shall forward the investigative 
21.4 	report to the executive director with recommendations for further consideration or 
21.5 	dismissal.
21.6 		Subd. 6.Attempts at resolution. (a) At any time after receipt of a complaint, the 
21.7 	executive director or the designated board member may attempt to resolve the complaint 
21.8 	with the regulated person. The available means for resolution include a conference or 
21.9 	any other written or oral communication with the regulated person. A conference may 
21.10 	be held for the purposes of investigation, negotiation, education, or conciliation. Neither 
21.11 	the executive director nor any member of a board's staff shall be a voting member in any 
21.12 	attempts at resolutions which may result in disciplinary or corrective action. The results 
21.13 	of attempts at resolution with the regulated person may include a recommendation to 
21.14 	the board for disciplinary action, an agreement between the executive director or the 
21.15 	designated board member and the regulated person for corrective action, or the dismissal 
21.16 	of a complaint. If attempts at resolution are not in the public interest or are not satisfactory 
21.17 	to the executive director or the designated board member, then the executive director or 
21.18 	the designated board member may initiate a contested case hearing may be initiated.
21.19 	(1) The designee of the attorney general shall represent the board in all attempts at 
21.20 	resolution which the executive director or the designated board member anticipate may 
21.21 	result in disciplinary action. A stipulation between the executive director or the designated 
21.22 	board member and the regulated person shall be presented to the board for the board's 
21.23 	consideration. An approved stipulation and resulting order shall become public data.
21.24 	(2) The designee of the attorney general shall represent the board upon the request of 
21.25 	the executive director or the designated board member in all attempts at resolution which 
21.26 	the executive director or the designated board member anticipate may result in corrective 
21.27 	action. Any agreement between the executive director or the designated board member 
21.28 	and the regulated person for corrective action shall be in writing and shall be reviewed by 
21.29 	the designee of the attorney general prior to its execution. The agreement for corrective 
21.30 	action shall provide for dismissal of the complaint upon successful completion by the 
21.31 	regulated person of the corrective action.
21.32 	(b) Upon receipt of a complaint alleging sexual contact or sexual conduct with a 
21.33 	client, the board must forward the complaint to the designee of the attorney general for 
21.34 	an investigation. If, after it is investigated, the complaint appears to provide a basis for 
21.35 	disciplinary action, the board shall resolve the complaint by disciplinary action or initiate 
21.36 	a contested case hearing. Notwithstanding paragraph (a), clause (2), a board may not take 
22.1 	corrective action or dismiss a complaint alleging sexual contact or sexual conduct with a 
22.2 	client unless, in the opinion of the executive director, the designated board member, and the 
22.3 	designee of the attorney general, there is insufficient evidence to justify disciplinary action.
22.4 		Subd. 7.Contested case hearing. If the executive director or the designated board 
22.5 	member determines that attempts at resolution of a complaint are not in the public interest 
22.6 	or are not satisfactory to the executive director or the designated board member, the 
22.7 	executive director or the designated board member, after consultation with the designee 
22.8 	of the attorney general, and the concurrence of a second board member, may initiate a 
22.9 	contested case hearing under chapter 14. The designated board member or any board 
22.10 	member who was consulted during the course of an investigation may participate at the 
22.11 	contested case hearing. A designated or consulted board member may not deliberate or 
22.12 	vote in any proceeding before the board pertaining to the case.
22.13 		Subd. 8.Dismissal and reopening of a complaint. (a) A complaint may not be 
22.14 	dismissed without the concurrence of at least two board members and, upon the request 
22.15 	of the complainant, a review by a representative of the attorney general's office. The 
22.16 	designee of the attorney general must review before dismissal any complaints which 
22.17 	allege any violation of chapter 609, any conduct which would be required to be reported 
22.18 	under section 626.556 or 626.557, any sexual contact or sexual conduct with a client, 
22.19 	any violation of a federal law, any actual or potential inability to practice the regulated 
22.20 	profession or occupation by reason of illness, use of alcohol, drugs, chemicals, or any other 
22.21 	materials, or as a result of any mental or physical condition, any violation of state medical 
22.22 	assistance laws, or any disciplinary action related to credentialing in another jurisdiction 
22.23 	or country which was based on the same or related conduct specified in this subdivision.
22.24 	(b) The board may reopen a dismissed complaint if the board receives newly 
22.25 	discovered information that was not available to the board during the initial investigation 
22.26 	of the complaint, or if the board receives a new complaint that indicates a pattern of 
22.27 	behavior or conduct.
22.28 		Subd. 9.Information to complainant. A board shall furnish to a person who made 
22.29 	a complaint a written description of the board's complaint process, and actions of the 
22.30 	board relating to the complaint.
22.31 		Subd. 10.Prohibited participation by board member. A board member who 
22.32 	has actual bias or a current or former direct financial or professional connection with a 
22.33 	regulated person may not vote in board actions relating to the regulated person.

22.34 	Sec. 26. [214.107] CONVICTION OF A FELONY-LEVEL CRIMINAL SEXUAL 
22.35 	CONDUCT OFFENSE.
23.1 		Subdivision 1.Applicability. This section applies to the health-related licensing 
23.2 	boards, as defined in section 214.01, subdivision 2, except the Board of Medical Practice, 
23.3 	and also applies to the Board of Barber Examiners, the Board of Cosmetologist Examiners, 
23.4 	and professions credentialed by the Minnesota Department of Health: (1) speech-language 
23.5 	pathologists and audiologists; (2) hearing instrument dispensers; and (3) occupational 
23.6 	therapists and occupational therapy assistants.
23.7 		Subd. 2.Issuing and renewing a credential to practice. (a) Except as provided in 
23.8 	paragraph (f), a credentialing authority listed in subdivision 1 shall not issue or renew a 
23.9 	credential to practice to any person who has been convicted on or after August 1, 2011, of 
23.10 	any of the provisions of section 609.342, subdivision 1; 609.343, subdivision 1; 609.344, 
23.11 	subdivision 1, paragraphs (c) to (o); or 609.345, subdivision 1, paragraphs (b) to (o).
23.12 	(b) A credentialing authority listed in subdivision 1 shall not issue or renew a 
23.13 	credential to practice to any person who has been convicted in any other state or country on 
23.14 	or after August 1, 2011, of an offense where the elements of the offense are substantially 
23.15 	similar to any of the offenses listed in paragraph (a).
23.16 	(c) A credential to practice is automatically revoked if the credentialed person is 
23.17 	convicted of an offense listed in paragraph (a).
23.18 	(d) A credential to practice that has been denied or revoked under this section is 
23.19 	not subject to chapter 364.
23.20 	(e) For purposes of this section, "conviction" means a plea of guilty, a verdict of 
23.21 	guilty by a jury, or a finding of guilty by the court, unless the court stays imposition or 
23.22 	execution of the sentence and final disposition of the case is accomplished at a nonfelony 
23.23 	level.
23.24 	(f) A credentialing authority listed in subdivision 1 may establish criteria whereby 
23.25 	an individual convicted of an offense listed in paragraph (a) of this subdivision may 
23.26 	become credentialed provided that the criteria:
23.27 	(1) utilize a rebuttable presumption that the applicant is not suitable for credentialing;
23.28 	(2) provide a standard for overcoming the presumption; and
23.29 	(3) require that a minimum of ten years has elapsed since the applicant was released 
23.30 	from any incarceration or supervisory jurisdiction related to the offense.
23.31 	A credentialing authority listed in subdivision 1 shall not consider an application under 
23.32 	this paragraph if the board determines that the victim involved in the offense was a patient 
23.33 	or a client of the applicant at the time of the offense.

23.34 	EFFECTIVE DATE. This section is effective for credentials issued or renewed on 
23.35 	or after August 1, 2011.

24.1 	Sec. 27. [214.108] HEALTH-RELATED LICENSING BOARDS; LICENSEE 
24.2 	GUIDANCE.
24.3 	A health-related licensing board may offer guidance to current licensees about the 
24.4 	application of laws and rules the board is empowered to enforce. This guidance shall not 
24.5 	bind any court or other adjudicatory body.

24.6 	Sec. 28. [214.109] RECORD KEEPING.
24.7 	(a) A board may take administrative action against a regulated person whose records 
24.8 	do not meet the standards of professional practice. Records that are fraudulent or could 
24.9 	result in patient harm may be handled through disciplinary or other corrective action.
24.10 	(b) For the first offense, a board shall issue a warning to the regulated person that 
24.11 	identifies the specific record-keeping deficiencies. The board may require the regulated 
24.12 	person to attend a remedial class.
24.13 	(c) For a second offense, a board shall require additional training as determined by 
24.14 	the board and impose a $50 penalty on the regulated person.
24.15 	(d) For a third offense, a board shall require additional training as determined by the 
24.16 	board and impose a $100 penalty on the regulated person.
24.17 	(e) Action under this section shall not be considered disciplinary action.

24.18 	Sec. 29. Minnesota Statutes 2010, section 364.09, is amended to read:
24.19 	364.09 EXCEPTIONS.
24.20 	(a) This chapter does not apply to the licensing process for peace officers; to law 
24.21 	enforcement agencies as defined in section 626.84, subdivision 1, paragraph (f); to fire 
24.22 	protection agencies; to eligibility for a private detective or protective agent license; to the 
24.23 	licensing and background study process under chapters 245A and 245C; to eligibility 
24.24 	for school bus driver endorsements; to eligibility for special transportation service 
24.25 	endorsements; to eligibility for a commercial driver training instructor license, which is 
24.26 	governed by section 171.35 and rules adopted under that section; to emergency medical 
24.27 	services personnel, or to the licensing by political subdivisions of taxicab drivers, if the 
24.28 	applicant for the license has been discharged from sentence for a conviction within the ten 
24.29 	years immediately preceding application of a violation of any of the following:
24.30 	(1) sections 609.185 to 609.21, 609.221 to 609.223, 609.342 to 609.3451, or 617.23, 
24.31 	subdivision 2 or 3;
24.32 	(2) any provision of chapter 152 that is punishable by a maximum sentence of 
24.33 	15 years or more; or
25.1 	(3) a violation of chapter 169 or 169A involving driving under the influence, leaving 
25.2 	the scene of an accident, or reckless or careless driving.
25.3 	This chapter also shall not apply to eligibility for juvenile corrections employment, where 
25.4 	the offense involved child physical or sexual abuse or criminal sexual conduct.
25.5 	(b) This chapter does not apply to a school district or to eligibility for a license 
25.6 	issued or renewed by the Board of Teaching or the commissioner of education.
25.7 	(c) Nothing in this section precludes the Minnesota Police and Peace Officers 
25.8 	Training Board or the state fire marshal from recommending policies set forth in this 
25.9 	chapter to the attorney general for adoption in the attorney general's discretion to apply to 
25.10 	law enforcement or fire protection agencies.
25.11 	(d) This chapter does not apply to a license to practice medicine that has been denied 
25.12 	or revoked by the Board of Medical Practice pursuant to section 147.091, subdivision 1a.
25.13 	(e) This chapter does not apply to any person who has been denied a license to 
25.14 	practice chiropractic or whose license to practice chiropractic has been revoked by the 
25.15 	board in accordance with section 148.10, subdivision 7.
25.16 	(f) This chapter does not apply to a person who has been denied a license to practice 
25.17 	nursing by the board or whose license has been revoked by the board pursuant to section 
25.18 	148.192.
25.19 	(g) This chapter does not apply to any person who has been denied a credential to 
25.20 	practice or whose credential to practice has been revoked by a credentialing authority in 
25.21 	accordance with section 214.107.

25.22 	EFFECTIVE DATE. This section is effective for credentials issued or renewed on 
25.23 	or after August 1, 2011.

25.24 	Sec. 30. Laws 2010, chapter 349, section 1, the effective date, is amended to read:

25.25 	EFFECTIVE DATE. This section is effective for new licenses issued or renewed 
25.26 	on or after August 1, 2010.

25.27 	Sec. 31. Laws 2010, chapter 349, section 2, the effective date, is amended to read:

25.28 	EFFECTIVE DATE. This section is effective for new licenses issued or renewed
25.29 	on or after August 1, 2010.

25.30 	Sec. 32. WORKING GROUP; PSYCHIATRIC MEDICATIONS.
 26.1 	(a) The commissioner of health shall convene a working group composed of the 
26.2 	executive directors of the Boards of Medical Practice, Psychology, Social Work, and 
26.3 	Behavioral Health and Therapy and one representative from each professional association 
26.4 	to make recommendations on the feasibility of developing collaborative agreements 
26.5 	between psychiatrists and psychologists, social workers, and licensed professional clinical 
26.6 	counselors for administration and management of psychiatric medications.
26.7 	(b) The executive directors shall take the lead in setting the agenda, convening 
26.8 	subsequent meetings, and presenting a written report to the chairs and ranking minority 
26.9 	members of the legislative committees with jurisdiction over health and human services. 
26.10 	The report and recommendations for legislation shall be submitted no later than January 
26.11 	1, 2012.
26.12 	(c) The working group is not subject to the provisions of section 15.059.

26.13 	Sec. 33. REPORT.
 26.14 	The executive directors of the health-related licensing boards shall issue a report to 
26.15 	the legislature with recommendations for use of nondisciplinary cease and desist letters 
26.16 	which can be issued to licensees when the board receives an allegation against a licensee, 
26.17 	but the allegation does not rise to the level of a complaint, does not involve patient harm, 
26.18 	and does not involve fraud. This report shall be issued no later than December 15, 2011.

26.19 	Sec. 34. REVISOR'S INSTRUCTION.
 26.20 	In each practice act regulated by a credentialing authority listed in Minnesota 
26.21 	Statutes, section 214.107, the revisor shall insert the following as either a new section 
26.22 	or new subdivision: 
26.23 	Applicants for a credential to practice and individuals renewing a credential to 
26.24 	practice are subject to the provisions of the conviction of felony-level criminal sexual 
26.25 	conduct offenses in section 214.107.

26.26 	Sec. 35.  REPEALER.
 26.27 	Minnesota Rules, parts 6310.3100, subpart 2; 6310.3600; and 6310.3700, subpart 
26.28 	1, are repealed.