1.1                          A bill for an act 
  1.2             relating to health occupations; establishing 
  1.3             registration requirements for occupational therapists 
  1.4             and occupational therapy assistants; proposing coding 
  1.5             for new law in Minnesota Statutes, chapter 148; 
  1.6             repealing Minnesota Rules, parts 4666.0010; 4666.0020; 
  1.7             4666.0030; 4666.0040; 4666.0050; 4666.0060; 4666.0070; 
  1.8             4666.0080; 4666.0090; 4666.0100; 4666.0200; 4666.0300; 
  1.9             4666.0400; 4666.0500; 4666.0600; 4666.0700; 4666.0800; 
  1.10            4666.0900; 4666.1000; 4666.1100; 4666.1200; 4666.1300; 
  1.11            and 4666.1400. 
  1.12  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.13     Section 1.  [148.6401] [SCOPE.] 
  1.14     Sections 148.6401 to 148.6450 apply to persons who are 
  1.15  applicants for registration, who are registered, who use 
  1.16  protected titles, or who represent that they are registered as 
  1.17  occupational therapists or occupational therapy assistants. 
  1.18     Sec. 2.  [148.6402] [DEFINITIONS.] 
  1.19     Subdivision 1.  [SCOPE.] For the purpose of sections 
  1.20  148.6401 to 148.6450, the following terms have the meaning given 
  1.21  them. 
  1.22     Subd. 2.  [ADVISORY COUNCIL.] "Advisory council" means the 
  1.23  occupational therapy practitioners advisory council in section 
  1.24  148.6450. 
  1.25     Subd. 3.  [BIENNIAL REGISTRATION PERIOD.] "Biennial 
  1.26  registration period" means the two-year period for which 
  1.27  registration is effective. 
  1.28     Subd. 4.  [COMMISSIONER.] "Commissioner" means the 
  2.1   commissioner of health or a designee. 
  2.2      Subd. 5.  [CONTACT HOUR.] "Contact hour" means an 
  2.3   instructional session of 60 consecutive minutes, excluding 
  2.4   coffee breaks, registration, meals without a speaker, and social 
  2.5   activities. 
  2.6      Subd. 6.  [CREDENTIAL.] "Credential" means a license, 
  2.7   permit, certification, registration, or other evidence of 
  2.8   qualification or authorization to engage in the practice of 
  2.9   occupational therapy issued by any authority. 
  2.10     Subd. 7.  [CREDENTIALING EXAMINATION FOR OCCUPATIONAL 
  2.11  THERAPIST.] "Credentialing examination for occupational 
  2.12  therapist" means the examination sponsored by the National Board 
  2.13  for Certification in Occupational Therapy for credentialing as 
  2.14  an occupational therapist, registered. 
  2.15     Subd. 8.  [CREDENTIALING EXAMINATION FOR OCCUPATIONAL 
  2.16  THERAPY ASSISTANT.] "Credentialing examination for occupational 
  2.17  therapy assistant" means the examination sponsored by the 
  2.18  National Board for Certification in Occupational Therapy for 
  2.19  credentialing as a certified occupational therapy assistant. 
  2.20     Subd. 9.  [DELEGATE.] "Delegate" means to transfer to an 
  2.21  occupational therapy assistant the authority to perform selected 
  2.22  portions of an occupational therapy evaluation or treatment plan 
  2.23  for a specific patient. 
  2.24     Subd. 10.  [DIRECT SUPERVISION.] "Direct supervision" of an 
  2.25  occupational therapy assistant using physical agent modalities 
  2.26  means that the occupational therapist has evaluated the patient 
  2.27  and determined a need for use of a particular physical agent 
  2.28  modality in the occupational therapy treatment plan, has 
  2.29  determined the appropriate physical agent modality application 
  2.30  procedure, and is available for in-person intervention while 
  2.31  treatment is provided. 
  2.32     Subd. 11.  [ELECTRICAL STIMULATION DEVICE.] "Electrical 
  2.33  stimulation device" means any device which generates pulsed, 
  2.34  direct, or alternating electrical current for the purposes of 
  2.35  rehabilitation of neuromusculoskeletal dysfunction. 
  2.36     Subd. 12.  [ELECTROTHERAPY.] "Electrotherapy" means the use 
  3.1   of electrical stimulation devices for a therapeutic purpose. 
  3.2      Subd. 13.  [LICENSED HEALTH CARE PROFESSIONAL.] "Licensed 
  3.3   health care professional" means a person licensed in good 
  3.4   standing in Minnesota to practice medicine, osteopathy, 
  3.5   chiropractic, podiatry, or dentistry. 
  3.6      Subd. 14.  [OCCUPATIONAL THERAPIST.] "Occupational 
  3.7   therapist" means an individual who meets the qualifications in 
  3.8   sections 148.6401 to 148.6450 and is registered by the 
  3.9   commissioner.  
  3.10     Subd. 15.  [OCCUPATIONAL THERAPY.] "Occupational therapy" 
  3.11  means the use of purposeful activity to maximize the 
  3.12  independence and the maintenance of health of an individual who 
  3.13  is limited by a physical injury or illness, a cognitive 
  3.14  impairment, a psychosocial dysfunction, a mental illness, a 
  3.15  developmental or learning disability, or an adverse 
  3.16  environmental condition.  The practice encompasses evaluation, 
  3.17  assessment, treatment, and consultation.  Occupational therapy 
  3.18  services may be provided individually, in groups, or through 
  3.19  social systems.  Occupational therapy includes those services 
  3.20  described in section 148.6404. 
  3.21     Subd. 16.  [OCCUPATIONAL THERAPY ASSISTANT.] "Occupational 
  3.22  therapy assistant" means an individual who meets the 
  3.23  qualifications for an occupational therapy assistant in sections 
  3.24  148.6401 to 148.6450 and is registered by the commissioner. 
  3.25     Subd. 17.  [PHYSICAL AGENT MODALITIES.] "Physical agent 
  3.26  modalities" mean modalities that use the properties of light, 
  3.27  water, temperature, sound, or electricity to produce a response 
  3.28  in soft tissue.  The physical agent modalities referred to in 
  3.29  sections 148.6404 and 148.6440 are superficial physical agent 
  3.30  modalities, electrical stimulation devices, and ultrasound. 
  3.31     Subd. 18.  [REGISTER OR REGISTERED.] "Register" or 
  3.32  "registered" means the act or status of a natural person who 
  3.33  meets the requirements of sections 148.6401 to 148.6450.  
  3.34     Subd. 19.  [REGISTRANT.] "Registrant" means a person who 
  3.35  meets the requirements of sections 148.6401 to 148.6450.  
  3.36     Subd. 20.  [REGISTRATION BY EQUIVALENCY.] "Registration by 
  4.1   equivalency" means a method of registration described in section 
  4.2   148.6412 by which an individual who possesses a credential from 
  4.3   the National Board for Certification in Occupational Therapy may 
  4.4   qualify for registration. 
  4.5      Subd. 21.  [REGISTRATION BY RECIPROCITY.] "Registration by 
  4.6   reciprocity" means a method of registration described in section 
  4.7   148.6415 by which an individual who possesses a credential from 
  4.8   another jurisdiction may qualify for Minnesota registration. 
  4.9      Subd. 22.  [SERVICE COMPETENCY.] "Service competency" of an 
  4.10  occupational therapy assistant in performing evaluation tasks 
  4.11  means the ability of an occupational therapy assistant to obtain 
  4.12  the same information as the supervising occupational therapist 
  4.13  when evaluating a client's function. 
  4.14     Service competency of an occupational therapy assistant in 
  4.15  performing treatment procedures means the ability of an 
  4.16  occupational therapy assistant to perform treatment procedures 
  4.17  in a manner such that the outcome, documentation, and follow-up 
  4.18  are equivalent to that which would have been achieved had the 
  4.19  supervising occupational therapist performed the treatment 
  4.20  procedure. 
  4.21     Service competency of an occupational therapist means the 
  4.22  ability of an occupational therapist to consistently perform an 
  4.23  assessment task or intervention procedure with the level of 
  4.24  skill recognized as satisfactory within the appropriate 
  4.25  acceptable prevailing practice of occupational therapy. 
  4.26     Subd. 23.  [SUPERFICIAL PHYSICAL AGENT MODALITY.] 
  4.27  "Superficial physical agent modality" means a therapeutic medium 
  4.28  which produces temperature changes in skin and underlying 
  4.29  subcutaneous tissues within a depth of zero to three centimeters 
  4.30  for the purposes of rehabilitation of neuromusculoskeletal 
  4.31  dysfunction.  Superficial physical agent modalities may include, 
  4.32  but are not limited to:  paraffin baths, hot packs, cold packs, 
  4.33  fluidotherapy, contrast baths, and whirlpool baths.  Superficial 
  4.34  physical agent modalities do not include the use of electrical 
  4.35  stimulation devices, ultrasound, or quick icing. 
  4.36     Subd. 24.  [TEMPORARY REGISTRATION.] "Temporary 
  5.1   registration" means a method of registration described in 
  5.2   section 148.6418, by which an individual who (1) has completed 
  5.3   an approved or accredited education program but has not met the 
  5.4   examination requirement; or (2) possesses a credential from 
  5.5   another jurisdiction or the National Board for Certification in 
  5.6   Occupational Therapy but who has not submitted the documentation 
  5.7   required by section 148.6420, subdivisions 3 and 4, may qualify 
  5.8   for Minnesota registration for a limited time period. 
  5.9      Subd. 25.  [ULTRASOUND DEVICE.] "Ultrasound device" means a 
  5.10  device intended to generate and emit high frequency acoustic 
  5.11  vibrational energy for the purposes of rehabilitation of 
  5.12  neuromusculoskeletal dysfunction. 
  5.13     Sec. 3.  [148.6403] [REGISTRATION; PROTECTED TITLES AND 
  5.14  RESTRICTIONS ON USE; EXEMPT PERSONS; SANCTIONS.] 
  5.15     Subdivision. 1.  [PROTECTED TITLES AND RESTRICTIONS ON 
  5.16  USE.] Use of the phrase "occupational therapy" or "occupational 
  5.17  therapist," or the initials "O.T." alone or in combination with 
  5.18  any other words or initials to form an occupational title, or to 
  5.19  indicate or imply that the person is registered by the state as 
  5.20  an occupational therapist or occupational therapy assistant, is 
  5.21  prohibited unless that person is registered under sections 
  5.22  148.6401 to 148.6450. 
  5.23     Subd. 2.  [USE OF "MINNESOTA REGISTERED."] Use of the term 
  5.24  "Minnesota registered" in conjunction with titles protected 
  5.25  under this section by any person is prohibited unless that 
  5.26  person is registered under sections 148.6401 to 148.6450. 
  5.27     Subd. 3.  [PERSONS LICENSED OR CERTIFIED IN OTHER STATES.] 
  5.28  A person who is registered in Minnesota and licensed or 
  5.29  certified in another state may use the designation "licensed" or 
  5.30  "certified" with a protected title only if the state of 
  5.31  licensure or certification is clearly indicated. 
  5.32     Subd. 4.  [EXEMPT PERSONS.] This section does not apply to: 
  5.33     (1) a person employed as an occupational therapist or 
  5.34  occupational therapy assistant by the government of the United 
  5.35  States or any agency of it.  However, use of the protected 
  5.36  titles under those circumstances is allowed only in connection 
  6.1   with performance of official duties for the federal government; 
  6.2      (2) a student participating in supervised fieldwork or 
  6.3   supervised coursework that is necessary to meet the requirements 
  6.4   of section 148.6408, subdivision 1, or 148.6410, subdivision 1, 
  6.5   if the person is designated by a title which clearly indicates 
  6.6   the person's status as a student trainee.  Any use of the 
  6.7   protected titles under these circumstances is allowed only while 
  6.8   the person is performing the duties of the supervised fieldwork 
  6.9   or supervised coursework; or 
  6.10     (3) a person performing occupational therapy services in 
  6.11  the state, if the services are performed no more than 30 days in 
  6.12  a calendar year in association with an occupational therapist 
  6.13  registered under sections 148.6401 to 148.6450, and 
  6.14     (i) the person is credentialed under the law of another 
  6.15  state which has credentialing requirements at least as stringent 
  6.16  as the requirements of sections 148.6401 to 148.6450; or 
  6.17     (ii) the person meets the requirements for certification as 
  6.18  an occupational therapist registered (OTR) or a certified 
  6.19  occupational therapy assistant (COTA), established by the 
  6.20  National Board for Certification in Occupational Therapy. 
  6.21     Subd. 5.  [SANCTIONS.] A person who holds out as an 
  6.22  occupational therapist or occupational therapy assistant by or 
  6.23  through the use of any title described in subdivision 1 without 
  6.24  prior registration according to sections 148.6401 to 148.6450 is 
  6.25  subject to sanctions or action against continuing the activity 
  6.26  according to section 148.6448, chapter 214, or other statutory 
  6.27  authority. 
  6.28     Sec. 4.  [148.6404] [SCOPE OF PRACTICE.] 
  6.29     The practice of occupational therapy by an occupational 
  6.30  therapist or occupational therapy assistant includes, but is not 
  6.31  limited to, intervention directed toward: 
  6.32     (1) assessment and evaluation, including the use of skilled 
  6.33  observation or the administration and interpretation of 
  6.34  standardized or nonstandardized tests and measurements, to 
  6.35  identify areas for occupational therapy services; 
  6.36     (2) providing for the development of sensory integrative, 
  7.1   neuromuscular, or motor components of performance; 
  7.2      (3) providing for the development of emotional, 
  7.3   motivational, cognitive, or psychosocial components of 
  7.4   performance; 
  7.5      (4) developing daily living skills; 
  7.6      (5) developing feeding and swallowing skills; 
  7.7      (6) developing play skills and leisure capacities; 
  7.8      (7) enhancing educational performance skills; 
  7.9      (8) enhancing functional performance and work readiness 
  7.10  through exercise, range of motion, and use of ergonomic 
  7.11  principles; 
  7.12     (9) designing, fabricating, or applying rehabilitative 
  7.13  technology, such as selected orthotic and prosthetic devices, 
  7.14  and providing training in the functional use of these devices; 
  7.15     (10) designing, fabricating, or adapting assistive 
  7.16  technology and providing training in the functional use of 
  7.17  assistive devices; 
  7.18     (11) adapting environments using assistive technology such 
  7.19  as environmental controls, wheelchair modifications, and 
  7.20  positioning; 
  7.21     (12) employing physical agent modalities, in preparation 
  7.22  for or as an adjunct to purposeful activity, within the same 
  7.23  treatment session or to meet established functional occupational 
  7.24  therapy goals, consistent with the requirements of section 
  7.25  148.6440; and 
  7.26     (13) promoting health and wellness. 
  7.27     Sec. 5.  [148.6405] [REGISTRATION REQUIREMENTS; PROCEDURES 
  7.28  AND QUALIFICATIONS.] 
  7.29     (a) An applicant for registration must comply with the 
  7.30  general registration procedures in section 148.6420.  To qualify 
  7.31  for registration, an applicant must satisfy one of the 
  7.32  requirements in paragraphs (b) to (f) and not be subject to 
  7.33  denial of registration under section 148.6448. 
  7.34     (b) A person who applies for registration as an 
  7.35  occupational therapist and who has not been credentialed by the 
  7.36  National Board for Certification in Occupational Therapy or 
  8.1   another jurisdiction must meet the requirements in section 
  8.2   148.6408. 
  8.3      (c) A person who applies for registration as an 
  8.4   occupational therapy assistant and who has not been credentialed 
  8.5   by the National Board for Certification in Occupational Therapy 
  8.6   or another jurisdiction must meet the requirements in section 
  8.7   148.6410. 
  8.8      (d) A person who is certified by the National Board for 
  8.9   Certification in Occupational Therapy may apply for registration 
  8.10  by equivalency and must meet the requirements in section 
  8.11  148.6412. 
  8.12     (e) A person who is credentialed in another jurisdiction 
  8.13  may apply for registration by reciprocity and must meet the 
  8.14  requirements in section 148.6415. 
  8.15     (f) A person who applies for temporary registration must 
  8.16  meet the requirements in section 148.6418. 
  8.17     Sec. 6.  [148.6408] [QUALIFICATIONS FOR OCCUPATIONAL 
  8.18  THERAPIST.] 
  8.19     Subdivision 1.  [EDUCATION REQUIRED.] (a) An applicant who 
  8.20  has received professional education in the United States or its 
  8.21  possessions or territories must successfully complete all 
  8.22  academic and fieldwork requirements of an educational program 
  8.23  for occupational therapists approved or accredited by the 
  8.24  Accreditation Council for Occupational Therapy Education. 
  8.25     (b) An applicant who has received professional education 
  8.26  outside the United States or its possessions or territories must 
  8.27  successfully complete all academic and fieldwork requirements of 
  8.28  an educational program for occupational therapists approved by a 
  8.29  member association of the World Federation of Occupational 
  8.30  Therapists. 
  8.31     Subd. 2.  [QUALIFYING EXAMINATION SCORE REQUIRED.] (a) An 
  8.32  applicant must achieve a qualifying score on the credentialing 
  8.33  examination for occupational therapist. 
  8.34     (b) The commissioner shall determine the qualifying score 
  8.35  for the credentialing examination for occupational therapist.  
  8.36  In determining the qualifying score, the commissioner shall 
  9.1   consider the cut score recommended by the National Board for 
  9.2   Certification in Occupational Therapy, or other national 
  9.3   credentialing organization approved by the commissioner, using 
  9.4   the modified Angoff method for determining cut score or another 
  9.5   method for determining cut score that is recognized as 
  9.6   appropriate and acceptable by industry standards. 
  9.7      (c) The applicant is responsible for: 
  9.8      (1) making arrangements to take the credentialing 
  9.9   examination for occupational therapist; 
  9.10     (2) bearing all expenses associated with taking the 
  9.11  examination; and 
  9.12     (3) having the examination scores sent directly to the 
  9.13  commissioner from the testing service that administers the 
  9.14  examination. 
  9.15     Sec. 7.  [148.6410] [QUALIFICATIONS FOR OCCUPATIONAL 
  9.16  THERAPY ASSISTANTS.] 
  9.17     Subdivision 1.  [EDUCATION REQUIRED.] An applicant must 
  9.18  successfully complete all academic and fieldwork requirements of 
  9.19  an occupational therapy assistant program approved or accredited 
  9.20  by the Accreditation Council for Occupational Therapy Education. 
  9.21     Subd. 2.  [QUALIFYING EXAMINATION SCORE REQUIRED.] (a) An 
  9.22  applicant for registration must achieve a qualifying score on 
  9.23  the credentialing examination for occupational therapy 
  9.24  assistants. 
  9.25     (b) The commissioner shall determine the qualifying score 
  9.26  for the credentialing examination for occupational therapy 
  9.27  assistants.  In determining the qualifying score, the 
  9.28  commissioner shall consider the cut score recommended by the 
  9.29  National Board for Certification in Occupational Therapy, or 
  9.30  other national credentialing organization approved by the 
  9.31  commissioner, using the modified Angoff method for determining 
  9.32  cut score or another method for determining cut score that is 
  9.33  recognized as appropriate and acceptable by industry standards. 
  9.34     (c) The applicant is responsible for: 
  9.35     (1) making all arrangements to take the credentialing 
  9.36  examination for occupational therapy assistants; 
 10.1      (2) bearing all expense associated with taking the 
 10.2   examination; and 
 10.3      (3) having the examination scores sent directly to the 
 10.4   commissioner from the testing service that administers the 
 10.5   examination. 
 10.6      Sec. 8.  [148.6412] [REGISTRATION BY EQUIVALENCY.] 
 10.7      Subdivision 1.  [PERSONS CERTIFIED BY NATIONAL BOARD FOR 
 10.8   CERTIFICATION IN OCCUPATIONAL THERAPY BEFORE JUNE 17, 1996.] 
 10.9   Persons certified by the National Board for Certification in 
 10.10  Occupational Therapy as an occupational therapist before June 
 10.11  17, 1996, may apply for registration by equivalency for 
 10.12  occupational therapist.  Persons certified by the National Board 
 10.13  for Certification in Occupational Therapy as an occupational 
 10.14  therapy assistant before June 17, 1996, may apply for 
 10.15  registration by equivalency for occupational therapy assistant. 
 10.16     Subd. 2.  [PERSONS CERTIFIED BY NATIONAL BOARD FOR 
 10.17  CERTIFICATION IN OCCUPATIONAL THERAPY AFTER JUNE 17, 1996.] The 
 10.18  commissioner may register any person certified by the National 
 10.19  Board for Certification in Occupational Therapy as an 
 10.20  occupational therapist after June 17, 1996, if the commissioner 
 10.21  determines the requirements for certification are equivalent to 
 10.22  or exceed the requirements for registration as an occupational 
 10.23  therapist under section 148.6408.  The commissioner may register 
 10.24  any person certified by the National Board for Certification in 
 10.25  Occupational Therapy as an occupational therapy assistant after 
 10.26  June 17, 1996, if the commissioner determines the requirements 
 10.27  for certification are equivalent to or exceed the requirements 
 10.28  for registration as an occupational therapy assistant under 
 10.29  section 148.6410.  Nothing in this section limits the 
 10.30  commissioner's authority to deny registration based upon the 
 10.31  grounds for discipline in sections 148.6401 to 148.6450. 
 10.32     Subd. 3.  [APPLICATION PROCEDURES.] Applicants for 
 10.33  registration by equivalency must provide: 
 10.34     (1) the application materials as required by section 
 10.35  148.6420, subdivisions 1, 3, and 4; and 
 10.36     (2) the fees required by section 148.6445. 
 11.1      Sec. 9.  [148.6415] [REGISTRATION BY RECIPROCITY.] 
 11.2      A person who holds a current credential as an occupational 
 11.3   therapist in the District of Columbia or a state or territory of 
 11.4   the United States whose standards for credentialing are 
 11.5   determined by the commissioner to be equivalent to or exceed the 
 11.6   requirements for registration under section 148.6408 may be 
 11.7   eligible for registration by reciprocity as an occupational 
 11.8   therapist.  A person who holds a current credential as an 
 11.9   occupational therapy assistant in the District of Columbia or a 
 11.10  state or territory of the United States whose standards for 
 11.11  credentialing are determined by the commissioner to be 
 11.12  equivalent to or exceed the requirements for registration under 
 11.13  section 148.6410 may be eligible for registration by reciprocity 
 11.14  as an occupational therapy assistant.  Nothing in this section 
 11.15  limits the commissioner's authority to deny registration based 
 11.16  upon the grounds for discipline in sections 148.6401 to 
 11.17  148.6450.  An applicant must provide: 
 11.18     (1) the application materials as required by section 
 11.19  148.6420, subdivisions 1, 3, and 4; 
 11.20     (2) the fees required by section 148.6445; 
 11.21     (3) a copy of a current and unrestricted credential for the 
 11.22  practice of occupational therapy as either an occupational 
 11.23  therapist or occupational therapy assistant; 
 11.24     (4) a letter from the jurisdiction that issued the 
 11.25  credential describing the applicant's qualifications that 
 11.26  entitled the applicant to receive the credential; and 
 11.27     (5) other information necessary to determine whether the 
 11.28  credentialing standards of the jurisdiction that issued the 
 11.29  credential are equivalent to or exceed the requirements for 
 11.30  registration under sections 148.6401 to 148.6450. 
 11.31     Sec. 10.  [148.6418] [TEMPORARY REGISTRATION.] 
 11.32     Subdivision 1.  [APPLICATION.] The commissioner shall issue 
 11.33  temporary registration as an occupational therapist or 
 11.34  occupational therapy assistant to applicants who have applied 
 11.35  for registration under section 148.6408, subdivisions 1 and 2; 
 11.36  148.6410, subdivisions 1 and 2; 148.6412; or 148.6415 and who 
 12.1   are not the subject of a disciplinary action or past 
 12.2   disciplinary action, nor disqualified on the basis of items 
 12.3   listed in section 148.6448, subdivision 1. 
 12.4      Subd. 2.  [PROCEDURES.] To be eligible for temporary 
 12.5   registration, an applicant must submit the application materials 
 12.6   required by section 148.6420, subdivision 1, the fees required 
 12.7   by section 148.6445, and one of the following: 
 12.8      (1) evidence of successful completion of the requirements 
 12.9   in section 148.6408, subdivision 1, or 148.6410, subdivision 1; 
 12.10     (2) a copy of a current and unrestricted credential for the 
 12.11  practice of occupational therapy as either an occupational 
 12.12  therapist or occupational therapy assistant in another 
 12.13  jurisdiction; or 
 12.14     (3) a copy of a current and unrestricted certificate from 
 12.15  the National Board for Certification in Occupational Therapy 
 12.16  stating that the applicant is certified as an occupational 
 12.17  therapist or occupational therapy assistant. 
 12.18     Subd. 3.  [ADDITIONAL DOCUMENTATION.] Persons who are 
 12.19  credentialed by the National Board for Certification in 
 12.20  Occupational Therapy or another jurisdiction must provide an 
 12.21  affidavit with the application for temporary registration 
 12.22  stating that they are not the subject of a pending investigation 
 12.23  or disciplinary action and have not been the subject of a 
 12.24  disciplinary action in the past. 
 12.25     Subd. 4.  [SUPERVISION REQUIRED.] An applicant who has 
 12.26  graduated from an accredited occupational therapy program, as 
 12.27  required by section 148.6408, subdivision 1, or 148.6410, 
 12.28  subdivision 1, and who has not passed the examination required 
 12.29  by section 148.6408, subdivision 2, or 148.6410, subdivision 2, 
 12.30  must practice under the supervision of a registered occupational 
 12.31  therapist.  The supervising therapist must, at a minimum, 
 12.32  supervise the person working under temporary registration in the 
 12.33  performance of the initial evaluation, determination of the 
 12.34  appropriate treatment plan, and periodic review and modification 
 12.35  of the treatment plan.  The supervising therapist must observe 
 12.36  the person working under temporary registration in order to 
 13.1   assure service competency in carrying out evaluation, treatment 
 13.2   planning, and treatment implementation.  The frequency of 
 13.3   face-to-face collaboration between the person working under 
 13.4   temporary registration and the supervising therapist must be 
 13.5   based on the condition of each patient or client, the complexity 
 13.6   of treatment and evaluation procedures, and the proficiencies of 
 13.7   the person practicing under temporary registration.  The 
 13.8   occupational therapist or occupational therapy assistant working 
 13.9   under temporary registration must provide verification of 
 13.10  supervision on the application form provided by the commissioner.
 13.11     Subd. 5.  [EXPIRATION OF TEMPORARY REGISTRATION.] A 
 13.12  temporary registration issued to a person pursuant to 
 13.13  subdivision 2, clause (1), expires ten weeks after the next 
 13.14  credentialing examination for occupational therapists and 
 13.15  occupational therapy assistants or on the date the commissioner 
 13.16  grants or denies registration, whichever occurs first.  A 
 13.17  temporary registration issued to a person pursuant to 
 13.18  subdivision 2, clause (2) or (3), expires 90 days after it is 
 13.19  issued.  Upon application for renewal, a temporary registration 
 13.20  shall be renewed once to persons who have not met the 
 13.21  examination requirement under section 148.6408, subdivision 2, 
 13.22  or 148.6410, subdivision 2, within the initial temporary 
 13.23  registration period and who are not the subject of a 
 13.24  disciplinary action nor disqualified on the basis of items in 
 13.25  section 148.6448, subdivision 1.  Upon application for renewal, 
 13.26  a temporary registration shall be renewed once to persons who 
 13.27  are able to demonstrate good cause for failure to meet the 
 13.28  requirements for registration under section 148.6412 or 148.6415 
 13.29  within the initial temporary registration period and who are not 
 13.30  the subject of a disciplinary action nor disqualified on the 
 13.31  basis of items in section 148.6448, subdivision 1. 
 13.32     Sec. 11.  [148.6420] [GENERAL REGISTRATION PROCEDURES.] 
 13.33     Subdivision 1.  [APPLICATIONS FOR REGISTRATION.] An 
 13.34  applicant for registration must: 
 13.35     (1) submit a completed application for registration on 
 13.36  forms provided by the commissioner and must supply the 
 14.1   information requested on the application, including: 
 14.2      (i) the applicant's name, business address and business 
 14.3   telephone number, business setting, and daytime telephone 
 14.4   number; 
 14.5      (ii) the name and location of the occupational therapy 
 14.6   program the applicant completed; 
 14.7      (iii) a description of the applicant's education and 
 14.8   training, including a list of degrees received from educational 
 14.9   institutions; 
 14.10     (iv) the applicant's work history for the six years 
 14.11  preceding the application, including the number of hours worked; 
 14.12     (v) a list of all credentials currently and previously held 
 14.13  in Minnesota and other jurisdictions; 
 14.14     (vi) a description of any jurisdiction's refusal to 
 14.15  credential the applicant; 
 14.16     (vii) a description of all professional disciplinary 
 14.17  actions initiated against the applicant in any jurisdiction; 
 14.18     (viii) information on any physical or mental condition or 
 14.19  chemical dependency that impairs the person's ability to engage 
 14.20  in the practice of occupational therapy with reasonable judgment 
 14.21  or safety; 
 14.22     (ix) a description of any misdemeanor or felony conviction 
 14.23  that relates to honesty or to the practice of occupational 
 14.24  therapy; 
 14.25     (x) a description of any state or federal court order, 
 14.26  including a conciliation court judgment or a disciplinary order, 
 14.27  related to the individual's occupational therapy practice; and 
 14.28     (xi) a statement indicating the physical agent modalities 
 14.29  the applicant will use and whether the applicant will use the 
 14.30  modalities as an occupational therapist or an occupational 
 14.31  therapy assistant under direct supervision; 
 14.32     (2) submit with the application all fees required by 
 14.33  section 148.6445; 
 14.34     (3) sign a statement that the information in the 
 14.35  application is true and correct to the best of the applicant's 
 14.36  knowledge and belief; 
 15.1      (4) sign a waiver authorizing the commissioner to obtain 
 15.2   access to the applicant's records in this or any other state in 
 15.3   which the applicant holds or previously held a credential for 
 15.4   the practice of an occupation, has completed an accredited 
 15.5   occupational therapy education program, or engaged in the 
 15.6   practice of occupational therapy; 
 15.7      (5) submit additional information as requested by the 
 15.8   commissioner; and 
 15.9      (6) submit the additional information required for 
 15.10  registration by equivalency, registration by reciprocity, and 
 15.11  temporary registration as specified in sections 148.6408 to 
 15.12  148.6418. 
 15.13     Subd. 2.  [PERSONS APPLYING FOR REGISTRATION UNDER SECTION 
 15.14  148.6408 OR 148.6410.] Persons applying for registration under 
 15.15  section 148.6408, subdivisions 1 and 2, or 148.6410, 
 15.16  subdivisions 1 and 2, must submit the materials required in 
 15.17  subdivision 1 and the following: 
 15.18     (1) a certificate of successful completion of the 
 15.19  requirements in section 148.6408, subdivision 1, or 148.6410, 
 15.20  subdivision 1; and 
 15.21     (2) the applicant's test results from the examining agency, 
 15.22  as evidence that the applicant received a qualifying score on a 
 15.23  credentialing examination meeting the requirements of section 
 15.24  148.6408, subdivision 2, or 148.6410, subdivision 2. 
 15.25     Subd. 3.  [APPLICANTS WHO ARE CERTIFIED BY NATIONAL BOARD 
 15.26  FOR CERTIFICATION IN OCCUPATIONAL THERAPY.] An applicant who is 
 15.27  certified by the National Board for Certification in 
 15.28  Occupational Therapy must provide the materials required in 
 15.29  subdivision 1 and the following: 
 15.30     (1) verified documentation from the National Board for 
 15.31  Certification in Occupational Therapy stating that the applicant 
 15.32  is certified as an occupational therapist, registered or 
 15.33  certified occupational therapy assistant, the date certification 
 15.34  was granted, and the applicant's certification number.  The 
 15.35  document must also include a statement regarding disciplinary 
 15.36  actions.  The applicant is responsible for obtaining this 
 16.1   documentation by sending a form provided by the commissioner to 
 16.2   the National Board for Certification in Occupational Therapy; 
 16.3   and 
 16.4      (2) a waiver authorizing the commissioner to obtain access 
 16.5   to the applicant's records maintained by the National Board for 
 16.6   Certification in Occupational Therapy. 
 16.7      Subd. 4.  [APPLICANTS CREDENTIALED IN ANOTHER 
 16.8   JURISDICTION.] In addition to providing the materials required 
 16.9   in subdivision 1, an applicant credentialed in another 
 16.10  jurisdiction must request that the appropriate government body 
 16.11  in each jurisdiction in which the applicant holds or held an 
 16.12  occupational therapy credential send a letter to the 
 16.13  commissioner that verifies the applicant's credentials.  Except 
 16.14  as provided in section 148.6418, a registration shall not be 
 16.15  issued until the commissioner receives letters verifying each of 
 16.16  the applicant's credentials.  Each letter must include the 
 16.17  applicant's name, date of birth, credential number, date of 
 16.18  issuance, a statement regarding investigations pending and 
 16.19  disciplinary actions taken or pending against the applicant, 
 16.20  current status of the credential, and the terms under which the 
 16.21  credential was issued. 
 16.22     Subd. 5.  [ACTION ON APPLICATIONS FOR REGISTRATION.] (a) 
 16.23  The commissioner shall approve, approve with conditions, or deny 
 16.24  registration.  The commissioner shall act on an application for 
 16.25  registration according to paragraphs (b) to (d). 
 16.26     (b) The commissioner shall determine if the applicant meets 
 16.27  the requirements for registration.  The commissioner, or the 
 16.28  advisory council at the commissioner's request, may investigate 
 16.29  information provided by an applicant to determine whether the 
 16.30  information is accurate and complete. 
 16.31     (c) The commissioner shall notify an applicant of action 
 16.32  taken on the application and, if registration is denied or 
 16.33  approved with conditions, the grounds for the commissioner's 
 16.34  determination. 
 16.35     (d) An applicant denied registration or granted 
 16.36  registration with conditions may make a written request to the 
 17.1   commissioner, within 30 days of the date of the commissioner's 
 17.2   determination, for reconsideration of the commissioner's 
 17.3   determination.  Individuals requesting reconsideration may 
 17.4   submit information which the applicant wants considered in the 
 17.5   reconsideration.  After reconsideration of the commissioner's 
 17.6   determination to deny registration or grant registration with 
 17.7   conditions, the commissioner shall determine whether the 
 17.8   original determination should be affirmed or modified.  An 
 17.9   applicant is allowed no more than one request in any one 
 17.10  biennial registration period for reconsideration of the 
 17.11  commissioner's determination to deny registration or approve 
 17.12  registration with conditions. 
 17.13     Sec. 12.  [148.6423] [REGISTRATION RENEWAL.] 
 17.14     Subdivision 1.  [RENEWAL REQUIREMENTS.] To be eligible for 
 17.15  registration renewal, a registrant must: 
 17.16     (1) submit a completed and signed application for 
 17.17  registration renewal on forms provided by the commissioner; 
 17.18     (2) submit the renewal fee required under section 148.6445; 
 17.19     (3) submit proof of having met the continuing education 
 17.20  requirement of section 148.6443 on forms provided by the 
 17.21  commissioner; and 
 17.22     (4) submit additional information as requested by the 
 17.23  commissioner to clarify information presented in the renewal 
 17.24  application.  The information must be submitted within 30 days 
 17.25  after the commissioner's request. 
 17.26     Subd. 2.  [RENEWAL DEADLINE.] (a) Except as provided in 
 17.27  paragraph (c), registrations must be renewed every two years. 
 17.28  Registrants must comply with the procedures in paragraphs (b) to 
 17.29  (e). 
 17.30     (b) Each registration must state an expiration date.  An 
 17.31  application for registration renewal must be received by the 
 17.32  department of health or postmarked at least 30 calendar days 
 17.33  before the expiration date.  If the postmark is illegible, the 
 17.34  application shall be considered timely if received at least 21 
 17.35  calendar days before the expiration date. 
 17.36     (c) If the commissioner changes the renewal schedule and 
 18.1   the expiration date is less than two years, the fee and the 
 18.2   continuing education contact hours to be reported at the next 
 18.3   renewal shall be prorated. 
 18.4      (d) An application for registration renewal not received 
 18.5   within the time required under paragraph (b), but received on or 
 18.6   before the expiration date, must be accompanied by a late fee in 
 18.7   addition to the renewal fee specified by section 148.6445. 
 18.8      (e) Registration renewals received after the expiration 
 18.9   date shall not be accepted and persons seeking registered status 
 18.10  must comply with the requirements of section 148.6425. 
 18.11     Subd. 3.  [REGISTRATION RENEWAL NOTICE.] At least 60 
 18.12  calendar days before the expiration date in subdivision 2, the 
 18.13  commissioner shall mail a renewal notice to the registrant's 
 18.14  last known address on file with the commissioner.  The notice 
 18.15  must include an application for registration renewal and notice 
 18.16  of fees required for renewal.  The registrant's failure to 
 18.17  receive notice does not relieve the registrant of the obligation 
 18.18  to meet the renewal deadline and other requirements for 
 18.19  registration renewal. 
 18.20     Sec. 13.  [148.6425] [RENEWAL OF REGISTRATION; AFTER 
 18.21  EXPIRATION DATE.] 
 18.22     Subdivision 1.  [REMOVAL OF NAME FROM LIST.] The names of 
 18.23  registrants who do not comply with the registration renewal 
 18.24  requirements of section 148.6423 on or before the expiration 
 18.25  date shall be removed from the list of individuals authorized to 
 18.26  use the protected titles in section 148.6403.  The registrants 
 18.27  must comply with the requirements of this section in order to 
 18.28  regain registered status. 
 18.29     Subd. 2.  [REGISTRATION RENEWAL AFTER REGISTRATION 
 18.30  EXPIRATION DATE.] An individual whose application for 
 18.31  registration renewal is received after the registration 
 18.32  expiration date must submit the following: 
 18.33     (1) a completed and signed application for registration 
 18.34  following lapse in registered status on forms provided by the 
 18.35  commissioner; 
 18.36     (2) the renewal fee and the late fee required under section 
 19.1   148.6445; 
 19.2      (3) proof of having met the continuing education 
 19.3   requirements since the individual's initial registration or last 
 19.4   registration renewal; and 
 19.5      (4) additional information as requested by the commissioner 
 19.6   to clarify information in the application, including information 
 19.7   to determine whether the individual has engaged in conduct 
 19.8   warranting disciplinary action as set forth in section 
 19.9   148.6448.  The information must be submitted within 30 days 
 19.10  after the commissioner's request. 
 19.11     Subd. 3.  [REGISTRATION RENEWAL FOUR YEARS OR MORE AFTER 
 19.12  REGISTRATION EXPIRATION DATE.] (a) An individual who requests 
 19.13  registration renewal four years or more after the registration 
 19.14  expiration date must submit the following: 
 19.15     (1) a completed and signed application for registration on 
 19.16  forms provided by the commissioner; 
 19.17     (2) the renewal fee and the late fee required under section 
 19.18  148.6445; 
 19.19     (3) proof of having met the continuing education 
 19.20  requirement for the most recently completed two-year continuing 
 19.21  education cycle; and 
 19.22     (4) at the time of the next registration renewal, proof of 
 19.23  having met the continuing education requirement, which shall be 
 19.24  prorated based on the number of months registered during the 
 19.25  biennial registration period. 
 19.26     (b) In addition to the requirements in paragraph (a), the 
 19.27  applicant must submit proof of one of the following: 
 19.28     (1) verified documentation of successful completion of 160 
 19.29  hours of supervised practice approved by the commissioner as 
 19.30  described in paragraph (c); 
 19.31     (2) verified documentation of having achieved a qualifying 
 19.32  score on the credentialing examination for occupational 
 19.33  therapists or the credentialing examination for occupational 
 19.34  therapy assistants administered within the past year; or 
 19.35     (3) documentation of having completed a combination of 
 19.36  occupational therapy courses or an occupational therapy 
 20.1   refresher program that contains both a theoretical and clinical 
 20.2   component approved by the commissioner.  Only courses completed 
 20.3   within one year preceding the date of the application or one 
 20.4   year after the date of the application qualify for approval. 
 20.5      (c) To participate in a supervised practice as described in 
 20.6   paragraph (b), clause (1), the applicant shall obtain limited 
 20.7   registration.  To apply for limited registration, the applicant 
 20.8   shall submit the completed limited registration application, 
 20.9   fees, and agreement for supervision of an occupational therapist 
 20.10  or occupational therapy assistant practicing under limited 
 20.11  registration signed by the supervising therapist and the 
 20.12  applicant.  The supervising occupational therapist shall state 
 20.13  the proposed level of supervision on the supervision agreement 
 20.14  form provided by the commissioner.  The supervising therapist 
 20.15  shall determine the frequency and manner of supervision based on 
 20.16  the condition of the patient or client, the complexity of the 
 20.17  procedure, and the proficiencies of the supervised occupational 
 20.18  therapist.  At a minimum, a supervising occupational therapist 
 20.19  shall be on the premises at all times that the person practicing 
 20.20  under limited registration is working; be in the room ten 
 20.21  percent of the hours worked each week by the person practicing 
 20.22  under provisional registration; and provide daily face-to-face 
 20.23  collaboration for the purpose of observing service competency of 
 20.24  the occupational therapist or occupational therapy assistant, 
 20.25  discussing treatment procedures and each client's response to 
 20.26  treatment, and reviewing and modifying, as necessary, each 
 20.27  treatment plan.  The supervising therapist shall document the 
 20.28  supervision provided.  The occupational therapist participating 
 20.29  in a supervised practice is responsible for obtaining the 
 20.30  supervision required under this paragraph and must comply with 
 20.31  the commissioner's requirements for supervision during the 
 20.32  entire 160 hours of supervised practice.  The supervised 
 20.33  practice must be completed in two months and may be completed at 
 20.34  the applicant's place of work. 
 20.35     (d) In addition to the requirements in paragraphs (a) and 
 20.36  (b), the applicant must submit additional information as 
 21.1   requested by the commissioner to clarify information in the 
 21.2   application, including information to determine whether the 
 21.3   applicant has engaged in conduct warranting disciplinary action 
 21.4   as set forth in section 148.6448.  The information must be 
 21.5   submitted within 30 days after the commissioner's request. 
 21.6      Sec. 14.  [148.6428] [CHANGE OF ADDRESS.] 
 21.7      A registrant who changes addresses must inform the 
 21.8   commissioner, in writing, of the change of address within 30 
 21.9   days.  All notices or other correspondence mailed to or served 
 21.10  on a registrant by the commissioner at the registrant's address 
 21.11  on file with the commissioner shall be considered as having been 
 21.12  received by the registrant. 
 21.13     Sec. 15.  [148.6430] [DELEGATION OF DUTIES; ASSIGNMENT OF 
 21.14  TASKS.] 
 21.15     The occupational therapist is responsible for all duties 
 21.16  delegated to the occupational therapy assistant or tasks 
 21.17  assigned to direct service personnel.  The occupational 
 21.18  therapist may delegate to an occupational therapy assistant 
 21.19  those portions of a client's evaluation, reevaluation, and 
 21.20  treatment that, according to prevailing practice standards of 
 21.21  the American Occupational Therapy Association, can be performed 
 21.22  by an occupational therapy assistant.  The occupational 
 21.23  therapist may not delegate portions of an evaluation or 
 21.24  reevaluation of a person whose condition is changing rapidly.  
 21.25  Delegation of duties related to use of physical agent modalities 
 21.26  to occupational therapy assistants is governed by section 
 21.27  148.6440, subdivision 6. 
 21.28     Sec. 16.  [148.6432] [SUPERVISION OF OCCUPATIONAL THERAPY 
 21.29  ASSISTANTS.] 
 21.30     Subdivision 1.  [APPLICABILITY.] If the professional 
 21.31  standards identified in section 148.6430 permit an occupational 
 21.32  therapist to delegate an evaluation, reevaluation, or treatment 
 21.33  procedure, the occupational therapist must provide supervision 
 21.34  consistent with this section.  Supervision of occupational 
 21.35  therapy assistants using physical agent modalities is governed 
 21.36  by section 148.6440, subdivision 6. 
 22.1      Subd. 2.  [EVALUATIONS.] The occupational therapist shall 
 22.2   determine the frequency of evaluations and reevaluations for 
 22.3   each client.  The occupational therapy assistant shall inform 
 22.4   the occupational therapist of the need for more frequent 
 22.5   reevaluation if indicated by the client's condition or response 
 22.6   to treatment.  Before delegating a portion of a client's 
 22.7   evaluation pursuant to section 148.6430, the occupational 
 22.8   therapist shall ensure the service competency of the 
 22.9   occupational therapy assistant in performing the evaluation 
 22.10  procedure and shall provide supervision consistent with the 
 22.11  condition of the patient or client and the complexity of the 
 22.12  evaluation procedure. 
 22.13     Subd. 3.  [TREATMENT.] (a) The occupational therapist shall 
 22.14  determine the frequency and manner of supervision of an 
 22.15  occupational therapy assistant performing treatment procedures 
 22.16  delegated pursuant to section 148.6430, based on the condition 
 22.17  of the patient or client, the complexity of the treatment 
 22.18  procedure, and the proficiencies of the occupational therapy 
 22.19  assistant. 
 22.20     (b) Face-to-face collaboration between the occupational 
 22.21  therapist and the occupational therapy assistant shall occur, at 
 22.22  a minimum, every two weeks, during which time the occupational 
 22.23  therapist is responsible for: 
 22.24     (1) planning and documenting an initial treatment plan and 
 22.25  discharge from treatment; 
 22.26     (2) reviewing treatment goals, therapy programs, and client 
 22.27  progress; 
 22.28     (3) supervising changes in the treatment plan; 
 22.29     (4) conducting or observing treatment procedures for 
 22.30  selected clients and documenting appropriateness of treatment 
 22.31  procedures.  Clients shall be selected based on the occupational 
 22.32  therapy services provided to the client and the role of the 
 22.33  occupational therapist and the occupational therapy assistant in 
 22.34  those services; and 
 22.35     (5) ensuring the service competency of the occupational 
 22.36  therapy assistant in performing delegated treatment procedures. 
 23.1      (c) Face-to-face collaboration must occur more frequently 
 23.2   than every two weeks if necessary to meet the requirements of 
 23.3   paragraph (a) or (b). 
 23.4      (d) The occupational therapist shall document compliance 
 23.5   with this subdivision in the client's file or chart. 
 23.6      Subd. 4.  [EXCEPTION.] The supervision requirements of this 
 23.7   section do not apply to an occupational therapy assistant who: 
 23.8      (1) works in an activities program; and 
 23.9      (2) does not perform occupational therapy services. 
 23.10  The occupational therapy assistant must meet all other 
 23.11  applicable requirements of sections 148.6401 to 148.6450. 
 23.12     Sec. 17.  [148.6435] [COORDINATION OF SERVICES.] 
 23.13     An occupational therapist shall: 
 23.14     (1) collect information necessary to ensure that the 
 23.15  provision of occupational therapy services are consistent with 
 23.16  the client's physical and mental health status.  The information 
 23.17  required to make this determination may include, but is not 
 23.18  limited to, contacting the client's licensed health care 
 23.19  professional for health history, current health status, current 
 23.20  medications, and precautions; 
 23.21     (2) modify or terminate occupational therapy treatment of a 
 23.22  client that is not beneficial to the client, not tolerated by 
 23.23  the client, or refused by the client, and if treatment was 
 23.24  terminated for a medical reason, notify the client's licensed 
 23.25  health care professional by correspondence postmarked or 
 23.26  delivered to the licensed health care professional within seven 
 23.27  calendar days of the termination of treatment; 
 23.28     (3) refer a client to an appropriate health care, social 
 23.29  service, or education practitioner if the client's condition 
 23.30  requires services not within the occupational therapist's 
 23.31  service competency or not within the practice of occupational 
 23.32  therapy generally; 
 23.33     (4) participate and cooperate in the coordination of 
 23.34  occupational therapy services with other related services, as a 
 23.35  member of the professional community serving the client; and 
 23.36     (5) communicate, in writing, with the appropriate licensed 
 24.1   health care professional an occupational therapy plan of care, 
 24.2   postmarked or delivered to the licensed health care professional 
 24.3   within 14 calendar days of the initiation of treatment.  The 
 24.4   occupational therapist must provide this written communication 
 24.5   even if occupational therapy treatment is concluded in less than 
 24.6   14 consecutive days.  The occupational therapist shall document 
 24.7   modifications to the plan of care requested by the licensed 
 24.8   health care professional following consultation with the 
 24.9   licensed health care professional.  Occupational therapists 
 24.10  employed by a school system are exempt from the requirements of 
 24.11  this clause in the performance of their duties within the school 
 24.12  system. 
 24.13     Sec. 18.  [148.6438] [RECIPIENT NOTIFICATION.] 
 24.14     Subdivision 1.  [REQUIRED NOTIFICATION.] In the absence of 
 24.15  a physician referral or prior authorization, and before 
 24.16  providing occupational therapy services for remuneration or 
 24.17  expectation of payment from the client, an occupational 
 24.18  therapist must provide the following written notification in all 
 24.19  capital letters of 12-point or larger bold-face type, to the 
 24.20  client, parent, or guardian: 
 24.21     "Your health care provider, insurer, or plan may require a 
 24.22  physician referral or prior authorization and you may be 
 24.23  obligated for partial or full payment for occupational therapy 
 24.24  services rendered." 
 24.25     Information other than this notification may be included as 
 24.26  long as the notification remains conspicuous on the face of the 
 24.27  document.  A nonwritten disclosure format may be used to satisfy 
 24.28  the recipient notification requirement when necessary to 
 24.29  accommodate the physical condition of a client or client's 
 24.30  guardian. 
 24.31     Subd. 2.  [EVIDENCE OF RECIPIENT NOTIFICATION.] The 
 24.32  occupational therapist is responsible for providing evidence of 
 24.33  compliance with the recipient notification requirement of this 
 24.34  section. 
 24.35     Sec. 19.  [148.6440] [PHYSICAL AGENT MODALITIES.] 
 24.36     Subdivision 1.  [GENERAL CONSIDERATIONS.] (a) Occupational 
 25.1   therapists who use superficial physical agent modalities must 
 25.2   comply with the requirements in subdivision 3.  Occupational 
 25.3   therapists who use electrotherapy must comply with the 
 25.4   requirements in subdivision 4.  Occupational therapists who use 
 25.5   ultrasound devices must comply with the requirements in 
 25.6   subdivision 5.  Occupational therapy assistants who use physical 
 25.7   agent modalities must comply with subdivision 6. 
 25.8      (b) Use of superficial physical agent modalities, 
 25.9   electrical stimulation devices, and ultrasound devices must be 
 25.10  on the order of a physician. 
 25.11     (c) The commissioner shall maintain a roster of persons 
 25.12  registered under sections 148.6401 to 148.6450 who use physical 
 25.13  agent modalities.  Prior to using a physical agent modality, 
 25.14  registrants must inform the commissioner of the physical agent 
 25.15  modality they will use.  Persons who use physical agent 
 25.16  modalities must indicate on their initial and renewal 
 25.17  applications the physical agent modalities that they use. 
 25.18     (d) Registrants are responsible for informing the 
 25.19  commissioner of any changes in the information required in this 
 25.20  section within 30 days of any change. 
 25.21     Subd. 2.  [WRITTEN DOCUMENTATION REQUIRED.] Prior to use of 
 25.22  physical agent modalities, an occupational therapist must 
 25.23  provide to the commissioner documentation verifying that the 
 25.24  occupational therapist has met the educational and clinical 
 25.25  requirements described in subdivisions 3 to 5, depending on the 
 25.26  modality or modalities used.  Both theoretical training and 
 25.27  clinical application objectives must be met for each modality 
 25.28  used.  Documentation must include the name and address of the 
 25.29  individual or organization sponsoring the activity; the name and 
 25.30  address of the facility at which the activity was presented; and 
 25.31  a copy of the course, workshop, or seminar description, 
 25.32  including learning objectives and standards for meeting the 
 25.33  objectives.  In the case of clinical application objectives, 
 25.34  teaching methods must be documented, including actual supervised 
 25.35  practice.  Documentation must include a transcript or 
 25.36  certificate showing successful completion of the coursework.  
 26.1   Practitioners are prohibited from using physical agent 
 26.2   modalities independently until granted approval as provided in 
 26.3   subdivision 7.  
 26.4      Subd. 3.  [EDUCATIONAL AND CLINICAL REQUIREMENTS FOR USE OF 
 26.5   SUPERFICIAL PHYSICAL AGENT MODALITIES.] (a) An occupational 
 26.6   therapist may use superficial physical agent modalities if the 
 26.7   occupational therapist has received theoretical training and 
 26.8   clinical application training in the use of superficial physical 
 26.9   agent modalities.  
 26.10     (b) Theoretical training in the use of superficial physical 
 26.11  agent modalities must:  
 26.12     (1) explain the rationale and clinical indications for use 
 26.13  of superficial physical agent modalities; 
 26.14     (2) explain the physical properties and principles of the 
 26.15  superficial physical agent modalities; 
 26.16     (3) describe the types of heat and cold transference; 
 26.17     (4) explain the factors affecting tissue response to 
 26.18  superficial heat and cold; 
 26.19     (5) describe the biophysical effects of superficial 
 26.20  physical agent modalities in normal and abnormal tissue; 
 26.21     (6) describe the thermal conductivity of tissue, matter, 
 26.22  and air; 
 26.23     (7) explain the advantages and disadvantages of superficial 
 26.24  physical agent modalities; and 
 26.25     (8) explain the precautions and contraindications of 
 26.26  superficial physical agent modalities. 
 26.27     (c) Clinical application training in the use of superficial 
 26.28  physical agent modalities must include activities requiring the 
 26.29  practitioner to: 
 26.30     (1) formulate and justify a plan for the use of superficial 
 26.31  physical agents for treatment appropriate to its use and 
 26.32  simulate the treatment; 
 26.33     (2) evaluate biophysical effects of the superficial 
 26.34  physical agents; 
 26.35     (3) identify when modifications to the treatment plan for 
 26.36  use of superficial physical agents are needed and propose the 
 27.1   modification plan; 
 27.2      (4) safely and appropriately administer superficial 
 27.3   physical agents under the supervision of a course instructor or 
 27.4   clinical trainer; 
 27.5      (5) document parameters of treatment, patient response, and 
 27.6   recommendations for progression of treatment for the superficial 
 27.7   physical agents; and 
 27.8      (6) demonstrate the ability to work competently with 
 27.9   superficial physical agents as determined by a course instructor 
 27.10  or clinical trainer. 
 27.11     Subd. 4.  [EDUCATIONAL AND CLINICAL REQUIREMENTS FOR USE OF 
 27.12  ELECTROTHERAPY.] (a) An occupational therapist may use 
 27.13  electrotherapy if the occupational therapist has received 
 27.14  theoretical training and clinical application training in the 
 27.15  use of electrotherapy.  
 27.16     (b) Theoretical training in the use of electrotherapy must: 
 27.17     (1) explain the rationale and clinical indications of 
 27.18  electrotherapy, including pain control, muscle dysfunction, and 
 27.19  tissue healing; 
 27.20     (2) demonstrate comprehension and understanding of 
 27.21  electrotherapeutic terminology and biophysical principles, 
 27.22  including current, voltage, amplitude, and resistance; 
 27.23     (3) describe the types of current used for electrical 
 27.24  stimulation, including the description, modulations, and 
 27.25  clinical relevance; 
 27.26     (4) describe the time-dependent parameters of pulsed and 
 27.27  alternating currents, including pulse and phase durations and 
 27.28  intervals; 
 27.29     (5) describe the amplitude-dependent characteristics of 
 27.30  pulsed and alternating currents; 
 27.31     (6) describe neurophysiology and the properties of 
 27.32  excitable tissue; 
 27.33     (7) describe nerve and muscle response from externally 
 27.34  applied electrical stimulation, including tissue healing; 
 27.35     (8) describe the electrotherapeutic effects and the 
 27.36  response of nerve, denervated and innervated muscle, and other 
 28.1   soft tissue; and 
 28.2      (9) explain the precautions and contraindications of 
 28.3   electrotherapy, including considerations regarding pathology of 
 28.4   nerve and muscle tissue.  
 28.5      (c) Clinical application training in the use of 
 28.6   electrotherapy must include activities requiring the 
 28.7   practitioner to: 
 28.8      (1) formulate and justify a plan for the use of electrical 
 28.9   stimulation devices for treatment appropriate to its use and 
 28.10  simulate the treatment; 
 28.11     (2) evaluate biophysical treatment effects of the 
 28.12  electrical stimulation; 
 28.13     (3) identify when modifications to the treatment plan using 
 28.14  electrical stimulation are needed and propose the modification 
 28.15  plan; 
 28.16     (4) safely and appropriately administer electrical 
 28.17  stimulation under supervision of a course instructor or clinical 
 28.18  trainer; 
 28.19     (5) document the parameters of treatment, case example 
 28.20  (patient) response, and recommendations for progression of 
 28.21  treatment for electrical stimulation; and 
 28.22     (6) demonstrate the ability to work competently with 
 28.23  electrical stimulation as determined by a course instructor or 
 28.24  clinical trainer. 
 28.25     Subd. 5.  [EDUCATIONAL AND CLINICAL REQUIREMENTS FOR USE OF 
 28.26  ULTRASOUND.] (a) An occupational therapist may use an ultrasound 
 28.27  device if the occupational therapist has received theoretical 
 28.28  training and clinical application training in the use of 
 28.29  ultrasound.  
 28.30     (b) The theoretical training in the use of ultrasound must: 
 28.31     (1) explain the rationale and clinical indications for the 
 28.32  use of ultrasound, including anticipated physiological responses 
 28.33  of the treated area; 
 28.34     (2) describe the biophysical thermal and nonthermal effects 
 28.35  of ultrasound on normal and abnormal tissue; 
 28.36     (3) explain the physical principles of ultrasound, 
 29.1   including wavelength, frequency, attenuation, velocity, and 
 29.2   intensity; 
 29.3      (4) explain the mechanism and generation of ultrasound and 
 29.4   energy transmission through physical matter; and 
 29.5      (5) explain the precautions and contraindications regarding 
 29.6   use of ultrasound devices. 
 29.7      (c) The clinical application training in the use of 
 29.8   ultrasound must include activities requiring the practitioner to:
 29.9      (1) formulate and justify a plan for the use of ultrasound 
 29.10  for treatment appropriate to its use and stimulate the 
 29.11  treatment; 
 29.12     (2) evaluate biophysical effects of ultrasound; 
 29.13     (3) identify when modifications to the treatment plan for 
 29.14  use of ultrasound are needed and propose the modification plan; 
 29.15     (4) safely and appropriately administer ultrasound under 
 29.16  supervision of a course instructor or clinical trainer; 
 29.17     (5) document parameters of treatment, patient response, and 
 29.18  recommendations for progression of treatment for ultrasound; and 
 29.19     (6) demonstrate the ability to work competently with 
 29.20  ultrasound as determined by a course instructor or clinical 
 29.21  trainer. 
 29.22     Subd. 6.  [OCCUPATIONAL THERAPY ASSISTANT USE OF PHYSICAL 
 29.23  AGENT MODALITIES.] An occupational therapy assistant may set up 
 29.24  and implement treatment using physical agent modalities if the 
 29.25  assistant meets the requirements of this section, has 
 29.26  demonstrated service competency for the particular modality 
 29.27  used, and works under the direct supervision of an occupational 
 29.28  therapist.  An occupational therapy assistant who uses 
 29.29  superficial physical agent modalities must meet the requirements 
 29.30  of subdivision 3.  An occupational therapy assistant who uses 
 29.31  electrotherapy must meet the requirements of subdivision 4.  An 
 29.32  occupational therapy assistant who uses ultrasound must meet the 
 29.33  requirements of subdivision 5.  An occupational therapist may 
 29.34  not delegate evaluation, reevaluation, treatment planning, and 
 29.35  treatment goals for physical agent modalities to an occupational 
 29.36  therapy assistant. 
 30.1      Subd. 7.  [APPROVAL.] (a) The advisory council shall 
 30.2   appoint a committee to review documentation under subdivisions 2 
 30.3   to 6 to determine if established educational and clinical 
 30.4   requirements are met. 
 30.5      (b) Occupational therapists shall be advised of the status 
 30.6   of their request for approval within 30 days.  Occupational 
 30.7   therapists must provide any additional information requested by 
 30.8   the committee that is necessary to make a determination 
 30.9   regarding approval or denial. 
 30.10     (c) A determination regarding a request for approval of 
 30.11  training under this subdivision shall be made in writing to the 
 30.12  occupational therapist.  If denied, the reason for denial shall 
 30.13  be provided. 
 30.14     (d) A registrant who was approved by the commissioner as a 
 30.15  level two provider prior to July 1, 1999, shall remain on the 
 30.16  roster maintained by the commissioner in accordance with 
 30.17  subdivision 1, paragraph (c). 
 30.18     (e) To remain on the roster maintained by the commissioner, 
 30.19  a registrant who was approved by the commissioner as a level one 
 30.20  provider prior to July 1, 1999, must submit to the commissioner 
 30.21  documentation of training and experience gained using physical 
 30.22  agent modalities since the registerant's approval as a level one 
 30.23  provider.  The committee appointed under paragraph (a) shall 
 30.24  review the documentation and make a recommendation to the 
 30.25  commissioner regarding approval. 
 30.26     (f) An occupational therapist who received training in the 
 30.27  use of physical agent modalities prior to July 1, 1999, but who 
 30.28  has not been placed on the roster of approved providers may 
 30.29  submit to the commissioner documentation of training and 
 30.30  experience gained using physical agent modalities.  The 
 30.31  committee appointed under paragraph (a) shall review 
 30.32  documentation and make a recommendation to the commissioner 
 30.33  regarding approval. 
 30.34     Sec. 20.  [148.6443] [CONTINUING EDUCATION REQUIREMENTS.] 
 30.35     Subdivision 1.  [GENERAL REQUIREMENTS.] An occupational 
 30.36  therapist applying for registration renewal must have completed 
 31.1   a minimum of 24 contact hours of continuing education in the two 
 31.2   years preceding registration renewal.  An occupational therapy 
 31.3   assistant applying for registration renewal must have completed 
 31.4   a minimum of 18 contact hours of continuing education in the two 
 31.5   years preceding registration renewal.  Registrants who are 
 31.6   issued registration for a period of less than two years shall 
 31.7   prorate the number of contact hours required for registration 
 31.8   renewal based on the number of months registered during the 
 31.9   biennial registration period.  Registrants shall receive contact 
 31.10  hours for continuing education activities only for the biennial 
 31.11  registration period in which the continuing education activity 
 31.12  was performed. 
 31.13     To qualify as a continuing education activity, the activity 
 31.14  must be a minimum of one contact hour.  Contact hours must be 
 31.15  earned and reported in increments of one contact hour or 
 31.16  one-half contact hour for each continuing education activity.  
 31.17  One-half contact hour means an instructional session of 30 
 31.18  consecutive minutes, excluding coffee breaks, registration, 
 31.19  meals without a speaker, and social activities. 
 31.20     Each registrant is responsible for financing the cost of 
 31.21  the registrant's continuing education activities. 
 31.22     Subd. 2.  [STANDARDS FOR DETERMINING QUALIFIED CONTINUING 
 31.23  EDUCATION ACTIVITIES.] Except as provided in subdivision 3, 
 31.24  paragraph (f), in order to qualify as a continuing education 
 31.25  activity, the activity must: 
 31.26     (1) constitute an organized program of learning; 
 31.27     (2) reasonably be expected to advance the knowledge and 
 31.28  skills of the occupational therapy practitioner; 
 31.29     (3) pertain to subjects that directly relate to the 
 31.30  practice of occupational therapy; 
 31.31     (4) be conducted by individuals who have education, 
 31.32  training, and experience by reason of which the individuals 
 31.33  should be considered experts on the subject matter of the 
 31.34  activity; and 
 31.35     (5) be presented by a sponsor who has a mechanism to verify 
 31.36  participation and maintains attendance records for three years. 
 32.1      Subd. 3.  [ACTIVITIES QUALIFYING FOR CONTINUING EDUCATION 
 32.2   CONTACT HOURS.] (a) The activities in this subdivision qualify 
 32.3   for continuing education contact hours if they meet all other 
 32.4   requirements of this section. 
 32.5      (b) A registrant may obtain an unlimited number of contact 
 32.6   hours in any two-year continuing education period through 
 32.7   participation in the following: 
 32.8      (1) attendance at educational programs of annual 
 32.9   conferences, lectures, panel discussions, workshops, in-service 
 32.10  training, seminars, and symposiums; 
 32.11     (2) successful completion of college or university 
 32.12  courses.  The registrant must obtain a grade of at least a "C" 
 32.13  or a pass in a pass or fail course in order to receive the 
 32.14  following continuing education credits: 
 32.15     (i) one semester credit equals 14 contact hours; 
 32.16     (ii) one trimester credit equals 12 contact hours; and 
 32.17     (iii) one quarter credit equals ten contact hours; and 
 32.18     (3) successful completion of home study courses that 
 32.19  require the participant to demonstrate the participant's 
 32.20  knowledge following completion of the course. 
 32.21     (c) A registrant may obtain a maximum of six contact hours 
 32.22  in any two-year continuing education period for teaching 
 32.23  continuing education courses that meet the requirements of this 
 32.24  section.  A registrant is entitled to earn a maximum of two 
 32.25  contact hours as preparation time for each contact hour of 
 32.26  presentation time.  Contact hours may be claimed only once for 
 32.27  teaching the same course in any two-year continuing education 
 32.28  period.  A course schedule or brochure must be maintained for 
 32.29  audit. 
 32.30     (d) A registrant may obtain a maximum of two contact hours 
 32.31  in any two-year continuing education period for continuing 
 32.32  education activities in the following areas: 
 32.33     (1) business-related topics:  marketing, time management, 
 32.34  administration, risk management, government regulations, 
 32.35  techniques for training professionals, computer skills, and 
 32.36  similar topics; 
 33.1      (2) personal skill topics:  career burnout, communication 
 33.2   skills, human relations, and similar topics; and 
 33.3      (3) training that is obtained in conjunction with a 
 33.4   registrant's employment, occurs during a registrant's normal 
 33.5   workday, and does not include subject matter specific to the 
 33.6   fundamentals of occupational therapy. 
 33.7      (e) An occupational therapy practitioner that utilizes 
 33.8   leisure activities, recreational activities, or hobbies as part 
 33.9   of occupational therapy services in the practitioner's current 
 33.10  work setting may obtain a maximum of six contact hours in any 
 33.11  two-year continuing education period for participation in 
 33.12  courses teaching these activities. 
 33.13     (f) A registrant may obtain a maximum of six contact hours 
 33.14  in any two-year continuing education period for supervision of 
 33.15  occupational therapist or occupational therapy assistant 
 33.16  students.  A registrant may earn one contact hour for every 
 33.17  eight hours of student supervision.  Registrants must maintain a 
 33.18  log indicating the name of each student supervised and the hours 
 33.19  each student was supervised.  Contact hours obtained by student 
 33.20  supervision must be obtained by supervising students from an 
 33.21  occupational therapy education program accredited by the 
 33.22  Accreditation Council for Occupational Therapy Education. 
 33.23     Subd. 4.  [ACTIVITIES NOT QUALIFYING FOR CONTINUING 
 33.24  EDUCATION CONTACT HOURS.] No credit shall be granted for the 
 33.25  following activities:  hospital rounds, entertainment or 
 33.26  recreational activities, employment orientation sessions, 
 33.27  holding an office or serving as an organizational delegate, 
 33.28  meetings for the purpose of making policy, noneducational 
 33.29  association meetings, training related to payment systems, 
 33.30  including covered services, coding, and billing. 
 33.31     Subd. 5.  [REPORTING CONTINUING EDUCATION CONTACT HOURS.] 
 33.32  At the time of registration renewal, each registrant shall 
 33.33  submit verification that the registrant has met the continuing 
 33.34  education requirements of this section on the continuing 
 33.35  education report form provided by the commissioner.  The 
 33.36  continuing education report form may require the following 
 34.1   information: 
 34.2      (1) title of continuing education activity; 
 34.3      (2) brief description of the continuing education activity; 
 34.4      (3) sponsor, presenter, or author; 
 34.5      (4) location and attendance dates; 
 34.6      (5) number of contact hours; and 
 34.7      (6) registrant's notarized affirmation that the information 
 34.8   is true and correct. 
 34.9      Subd. 6.  [AUDITING CONTINUING EDUCATION REPORTS.] (a) The 
 34.10  commissioner may audit a percentage of the continuing education 
 34.11  reports based on random selection.  A registrant shall maintain 
 34.12  all documentation required by this section for two years after 
 34.13  the last day of the biennial registration period in which the 
 34.14  contact hours were earned. 
 34.15     (b) All renewal applications that are received after the 
 34.16  expiration date may be subject to a continuing education report 
 34.17  audit. 
 34.18     (c) Any registrant against whom a complaint is filed may be 
 34.19  subject to a continuing education report audit. 
 34.20     (d) The registrant shall make the following information 
 34.21  available to the commissioner for auditing purposes: 
 34.22     (1) a copy of the completed continuing education report 
 34.23  form for the continuing education reporting period that is the 
 34.24  subject of the audit including all supporting documentation 
 34.25  required by subdivision 5; 
 34.26     (2) a description of the continuing education activity 
 34.27  prepared by the presenter or sponsor that includes the course 
 34.28  title or subject matter, date, place, number of program contact 
 34.29  hours, presenters, and sponsors; 
 34.30     (3) documentation of self-study programs by materials 
 34.31  prepared by the presenter or sponsor that includes the course 
 34.32  title, course description, name of sponsor or author, and the 
 34.33  number of hours required to complete the program; 
 34.34     (4) documentation of university, college, or vocational 
 34.35  school courses by a course syllabus, listing in a course 
 34.36  bulletin, or equivalent documentation that includes the course 
 35.1   title, instructor's name, course dates, number of contact hours, 
 35.2   and course content, objectives, or goals; and 
 35.3      (5) verification of attendance by: 
 35.4      (i) a signature of the presenter or a designee at the 
 35.5   continuing education activity on the continuing education report 
 35.6   form or a certificate of attendance with the course name, course 
 35.7   date, and registrant's name; 
 35.8      (ii) a summary or outline of the educational content of an 
 35.9   audio or video educational activity to verify the registrant's 
 35.10  participation in the activity if a designee is not available to 
 35.11  sign the continuing education report form; 
 35.12     (iii) verification of self-study programs by a certificate 
 35.13  of completion or other documentation indicating that the 
 35.14  individual has demonstrated knowledge and has successfully 
 35.15  completed the program; or 
 35.16     (iv) verification of attendance at a university, college, 
 35.17  or vocational course by an official transcript. 
 35.18     Subd. 7.  [WAIVER OF CONTINUING EDUCATION REQUIREMENTS.] 
 35.19  The commissioner may grant a waiver of the requirements of this 
 35.20  section in cases where the requirements would impose an extreme 
 35.21  hardship on the registrant.  The request for a waiver must be in 
 35.22  writing, state the circumstances that constitute extreme 
 35.23  hardship, state the period of time the registrant wishes to have 
 35.24  the continuing education requirement waived, and state the 
 35.25  alternative measures that will be taken if a waiver is granted.  
 35.26  The commissioner shall set forth, in writing, the reasons for 
 35.27  granting or denying the waiver.  Waivers granted by the 
 35.28  commissioner shall specify, in writing, the time limitation and 
 35.29  required alternative measures to be taken by the registrant.  A 
 35.30  request for waiver shall be denied if the commissioner finds 
 35.31  that the circumstances stated by the registrant do not support a 
 35.32  claim of extreme hardship, the requested time period for waiver 
 35.33  is unreasonable, the alternative measures proposed by the 
 35.34  registrant are not equivalent to the continuing education 
 35.35  activity being waived, or the request for waiver is not 
 35.36  submitted to the commissioner within 60 days after the 
 36.1   expiration date. 
 36.2      Subd. 8.  [PENALTIES FOR NONCOMPLIANCE.] The commissioner 
 36.3   shall refuse to renew or grant, or shall suspend, condition, 
 36.4   limit, or qualify the registration of any person who the 
 36.5   commissioner determines has failed to comply with the continuing 
 36.6   education requirements of this section.  A registrant may 
 36.7   request reconsideration of the commissioner's determination of 
 36.8   noncompliance or the penalty imposed under this section by 
 36.9   making a written request to the commissioner within 30 days of 
 36.10  the date of notification to the applicant.  Individuals 
 36.11  requesting reconsideration may submit information that the 
 36.12  registrant wants considered in the reconsideration. 
 36.13     Sec. 21.  [148.6445] [FEES; SURCHARGE.] 
 36.14     Subdivision 1.  [INITIAL REGISTRATION FEE.] The initial 
 36.15  registration fee for occupational therapists is $180.  The 
 36.16  initial registration fee for occupational therapy assistants is 
 36.17  $100.  The commissioner shall prorate fees based on the number 
 36.18  of quarters remaining in the biennial registration period. 
 36.19     Subd. 2.  [REGISTRATION RENEWAL FEE.] The biennial 
 36.20  registration renewal fee for occupational therapists is $180.  
 36.21  The biennial registration renewal fee for occupational therapy 
 36.22  assistants is $100. 
 36.23     Subd. 3.  [LATE FEE.] The fee for late submission of a 
 36.24  renewal application is $25. 
 36.25     Subd. 4.  [TEMPORARY REGISTRATION FEE.] The fee for 
 36.26  temporary registration is $50. 
 36.27     Subd. 5.  [LIMITED REGISTRATION FEE.] The fee for limited 
 36.28  registration is $96. 
 36.29     Subd. 6.  [FEE FOR COURSE APPROVAL AFTER LAPSE OF 
 36.30  REGISTRATION.] The fee for course approval after lapse of 
 36.31  registration is $96. 
 36.32     Subd. 7.  [CERTIFICATION TO OTHER STATES.] The fee for 
 36.33  certification of registration to other states is $25. 
 36.34     Subd. 8.  [VERIFICATION TO INSTITUTIONS.] The fee for 
 36.35  verification of registration to institutions is $10. 
 36.36     Subd. 9.  [SURCHARGE.] Until June 17, 2001, all registrants 
 37.1   must pay a surcharge fee in addition to other applicable fees.  
 37.2   Occupational therapists must pay a biennial surcharge fee of $62 
 37.3   upon application for registration and registration renewal.  
 37.4   Occupational therapy assistants must pay a biennial surcharge 
 37.5   fee of $36 upon application for registration and registration 
 37.6   renewal. 
 37.7      Subd. 10.  [NONREFUNDABLE FEES.] All fees are nonrefundable.
 37.8      Sec. 22.  [148.6448] [GROUNDS FOR DENIAL OF REGISTRATION OR 
 37.9   DISCIPLINE; INVESTIGATION PROCEDURES; DISCIPLINARY ACTIONS.] 
 37.10     Subdivision 1.  [GROUNDS FOR DENIAL OF REGISTRATION OR 
 37.11  DISCIPLINE.] The commissioner may deny an application for 
 37.12  registration, may approve registration with conditions, or may 
 37.13  discipline a registrant using any disciplinary actions listed in 
 37.14  subdivision 3 on proof that the individual has: 
 37.15     (1) intentionally submitted false or misleading information 
 37.16  to the commissioner or the advisory council; 
 37.17     (2) failed, within 30 days, to provide information in 
 37.18  response to a written request by the commissioner or advisory 
 37.19  council; 
 37.20     (3) performed services of an occupational therapist or 
 37.21  occupational therapy assistant in an incompetent manner or in a 
 37.22  manner that falls below the community standard of care; 
 37.23     (4) failed to satisfactorily perform occupational therapy 
 37.24  services during a period of provisional registration; 
 37.25     (5) violated sections 148.6401 to 148.6450; 
 37.26     (6) failed to perform services with reasonable judgment, 
 37.27  skill, or safety due to the use of alcohol or drugs, or other 
 37.28  physical or mental impairment; 
 37.29     (7) been convicted of violating any state or federal law, 
 37.30  rule, or regulation which directly relates to the practice of 
 37.31  occupational therapy; 
 37.32     (8) aided or abetted another person in violating any 
 37.33  provision of sections 148.6401 to 148.6450; 
 37.34     (9) been disciplined for conduct in the practice of an 
 37.35  occupation by the state of Minnesota, another jurisdiction, or a 
 37.36  national professional association, if any of the grounds for 
 38.1   discipline are the same or substantially equivalent to those in 
 38.2   sections 148.6401 to 148.6450; 
 38.3      (10) not cooperated with the commissioner or advisory 
 38.4   council in an investigation conducted according to subdivision 
 38.5   2; 
 38.6      (11) advertised in a manner that is false or misleading; 
 38.7      (12) engaged in dishonest, unethical, or unprofessional 
 38.8   conduct in connection with the practice of occupational therapy 
 38.9   that is likely to deceive, defraud, or harm the public; 
 38.10     (13) demonstrated a willful or careless disregard for the 
 38.11  health, welfare, or safety of a client; 
 38.12     (14) performed medical diagnosis or provided treatment, 
 38.13  other than occupational therapy, without being registered to do 
 38.14  so under the laws of this state; 
 38.15     (15) paid or promised to pay a commission or part of a fee 
 38.16  to any person who contacts the occupational therapist for 
 38.17  consultation or sends patients to the occupational therapist for 
 38.18  treatment; 
 38.19     (16) engaged in an incentive payment arrangement, other 
 38.20  than that prohibited by clause (15), that promotes occupational 
 38.21  therapy overutilization, whereby the referring person or person 
 38.22  who controls the availability of occupational therapy services 
 38.23  to a client profits unreasonably as a result of client 
 38.24  treatment; 
 38.25     (17) engaged in abusive or fraudulent billing practices, 
 38.26  including violations of federal Medicare and Medicaid laws, Food 
 38.27  and Drug Administration regulations, or state medical assistance 
 38.28  laws; 
 38.29     (18) obtained money, property, or services from a consumer 
 38.30  through the use of undue influence, high pressure sales tactics, 
 38.31  harassment, duress, deception, or fraud; 
 38.32     (19) performed services for a client who had no possibility 
 38.33  of benefiting from the services; 
 38.34     (20) failed to refer a client for medical evaluation when 
 38.35  appropriate or when a client indicated symptoms associated with 
 38.36  diseases that could be medically or surgically treated; 
 39.1      (21) engaged in conduct with a client that is sexual or may 
 39.2   reasonably be interpreted by the client as sexual, or in any 
 39.3   verbal behavior that is seductive or sexually demeaning to a 
 39.4   patient; 
 39.5      (22) violated a federal or state court order, including a 
 39.6   conciliation court judgment, or a disciplinary order issued by 
 39.7   the commissioner, related to the person's occupational therapy 
 39.8   practice; or 
 39.9      (23) any other just cause related to the practice of 
 39.10  occupational therapy. 
 39.11     Subd. 2.  [INVESTIGATION OF COMPLAINTS.] The commissioner, 
 39.12  or the advisory council when authorized by the commissioner, may 
 39.13  initiate an investigation upon receiving a complaint or other 
 39.14  oral or written communication that alleges or implies that a 
 39.15  person has violated sections 148.6401 to 148.6450.  In the 
 39.16  receipt, investigation, and hearing of a complaint that alleges 
 39.17  or implies a person has violated sections 148.6401 to 148.6450, 
 39.18  the commissioner shall follow the procedures in section 214.10. 
 39.19     Subd. 3.  [DISCIPLINARY ACTIONS.] If the commissioner finds 
 39.20  that an occupational therapist or occupational therapy assistant 
 39.21  should be disciplined according to subdivision 1, the 
 39.22  commissioner may take any one or more of the following actions: 
 39.23     (1) refuse to grant or renew registration; 
 39.24     (2) approve registration with conditions; 
 39.25     (3) revoke registration; 
 39.26     (4) suspend registration; 
 39.27     (5) any reasonable lesser action including, but not limited 
 39.28  to, reprimand or restriction on registration; or 
 39.29     (6) any action authorized by statute. 
 39.30     Subd. 4.  [EFFECT OF SPECIFIC DISCIPLINARY ACTION ON USE OF 
 39.31  TITLE.] Upon notice from the commissioner denying registration 
 39.32  renewal or upon notice that disciplinary actions have been 
 39.33  imposed and the person is no longer entitled to use the 
 39.34  occupational therapy and registered titles, the person shall 
 39.35  cease to use titles protected by sections 148.6401 to 148.6450, 
 39.36  and to represent to the public that the person is registered by 
 40.1   the commissioner. 
 40.2      Subd. 5.  [REINSTATEMENT REQUIREMENTS AFTER DISCIPLINARY 
 40.3   ACTION.] A person who has had registration suspended may request 
 40.4   and provide justification for reinstatement following the period 
 40.5   of suspension specified by the commissioner.  The requirements 
 40.6   of sections 148.6423 and 148.6425 for renewing registration and 
 40.7   any other conditions imposed with the suspension must be met 
 40.8   before registration may be reinstated. 
 40.9      Sec. 23.  [148.6450] [OCCUPATIONAL THERAPY PRACTITIONERS 
 40.10  ADVISORY COUNCIL.] 
 40.11     Subdivision 1.  [MEMBERSHIP.] The commissioner shall 
 40.12  appoint seven persons to an occupational therapy practitioners 
 40.13  advisory council consisting of the following: 
 40.14     (1) two public members, as defined in section 214.02.  The 
 40.15  public members shall be either persons who have received 
 40.16  occupational therapy services or family members of or caregivers 
 40.17  to such persons; 
 40.18     (2) two members who are occupational therapists and two 
 40.19  occupational therapy assistants registered under sections 
 40.20  148.6401 to 148.6450, each of whom is employed in a different 
 40.21  practice area including, but not limited to, long-term care, 
 40.22  school therapy, early intervention, administration, gerontology, 
 40.23  industrial rehabilitation, cardiac rehabilitation, physical 
 40.24  disability, pediatrics, mental health, home health, and hand 
 40.25  therapy.  Three of the four occupational therapy practitioners 
 40.26  who serve on the advisory council must be currently, and for the 
 40.27  three years preceding the appointment, engaged in the practice 
 40.28  of occupational therapy or employed as an administrator or an 
 40.29  instructor of an occupational therapy program.  At least one of 
 40.30  the four occupational therapy practitioners who serves on the 
 40.31  advisory council must be employed in a rural area; and 
 40.32     (3) one member who is a licensed or registered health care 
 40.33  practitioner, or other credentialed practitioner, who works 
 40.34  collaboratively with occupational therapy practitioners. 
 40.35     Subd. 2.  [DUTIES.] At the commissioner's request, the 
 40.36  advisory council shall: 
 41.1      (1) advise the commissioner regarding the occupational 
 41.2   therapy practitioner registration standards; 
 41.3      (2) advise the commissioner on enforcement of sections 
 41.4   148.6401 to 148.6450; 
 41.5      (3) provide for distribution of information regarding 
 41.6   occupational therapy practitioners registration standards; 
 41.7      (4) review applications and make recommendations to the 
 41.8   commissioner on granting or denying registration or registration 
 41.9   renewal; 
 41.10     (5) review reports of investigations relating to 
 41.11  individuals and make recommendations to the commissioner as to 
 41.12  whether registration should be denied or disciplinary action 
 41.13  taken against the person; and 
 41.14     (6) perform other duties authorized for advisory councils 
 41.15  by chapter 214, as directed by the commissioner. 
 41.16     Sec. 24.  [REPEALER.] 
 41.17     Minnesota Rules, parts 4666.0010; 4666.0020; 4666.0030; 
 41.18  4666.0040; 4666.0050; 4666.0060; 4666.0070; 4666.0080; 
 41.19  4666.0090; 4666.0100; 4666.0200; 4666.0300; 4666.0400; 
 41.20  4666.0500; 4666.0600; 4666.0700; 4666.0800; 4666.0900; 
 41.21  4666.1000; 4666.1100; 4666.1200; 4666.1300; and 4666.1400, are 
 41.22  repealed. 
 41.23     Sec. 25.  [EFFECTIVE DATE.] 
 41.24     Sections 1 to 24 are effective August 1, 2000.