1.1                          A bill for an act
  1.2             relating to health occupations; establishing licensing 
  1.3             requirements for occupational therapists and 
  1.4             occupational therapy assistants; proposing coding for 
  1.5             new law in Minnesota Statutes, chapter 148; repealing 
  1.6             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 licensure, who are licensed, who use protected 
  1.16  titles, or who represent that they are licensed as occupational 
  1.17  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 LICENSURE PERIOD.] "Biennial licensure 
  1.26  period" means the two-year period for which licensure is 
  1.27  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.] Except as provided in 
  3.7   section 148.6408, subdivision 3, paragraph (b), "occupational 
  3.8   therapist" means an individual who meets the qualifications in 
  3.9   sections 148.6401 to 148.6450 and is licensed by the 
  3.10  commissioner.  For purposes of section 148.6408, subdivision 3, 
  3.11  paragraph (b), occupational therapist means the employment title 
  3.12  of a natural person before June 17, 1996. 
  3.13     Subd. 15.  [OCCUPATIONAL THERAPY.] "Occupational therapy" 
  3.14  means the use of purposeful activity to maximize the 
  3.15  independence and the maintenance of health of an individual who 
  3.16  is limited by a physical injury or illness, a cognitive 
  3.17  impairment, a psychosocial dysfunction, a mental illness, a 
  3.18  developmental or learning disability, or an adverse 
  3.19  environmental condition.  The practice encompasses evaluation, 
  3.20  assessment, treatment, and consultation.  Occupational therapy 
  3.21  services may be provided individually, in groups, or through 
  3.22  social systems.  Occupational therapy includes those services 
  3.23  described in section 148.6404. 
  3.24     Subd. 16.  [OCCUPATIONAL THERAPY ASSISTANT.] Except as 
  3.25  provided in section 148.6410, subdivision 3, "occupational 
  3.26  therapy assistant" means an individual who meets the 
  3.27  qualifications for an occupational therapy assistant in sections 
  3.28  148.6401 to 148.6450 and is licensed by the commissioner.  For 
  3.29  purposes of section 148.6410, subdivision 3, occupational 
  3.30  therapy assistant means the employment title of a natural person 
  3.31  before June 17, 1996. 
  3.32     Subd. 17.  [PHYSICAL AGENT MODALITIES.] "Physical agent 
  3.33  modalities" mean modalities that use the properties of light, 
  3.34  water, temperature, sound, or electricity to produce a response 
  3.35  in soft tissue.  The physical agent modalities referred to in 
  3.36  sections 148.6404 and 148.6440 are superficial physical agent 
  4.1   modalities, electrical stimulation devices, and ultrasound. 
  4.2      Subd. 18.  [PROVISIONAL LICENSURE.] "Provisional licensure" 
  4.3   means a method of licensure described in section 148.6408, 
  4.4   subdivision 3, for occupational therapists and section 148.6410, 
  4.5   subdivision 3, for occupational therapy assistants, in effect 
  4.6   for a limited time, by which an individual who has not completed 
  4.7   an accredited or approved education program but who meets the 
  4.8   employment requirements specified in those subdivisions may 
  4.9   qualify for licensure pending successful completion of the 
  4.10  credentialing examination. 
  4.11     Subd. 19.  [QUALIFIED SUPERVISOR.] "Qualified supervisor" 
  4.12  means the supervisor of an applicant for provisional licensure, 
  4.13  under section 148.6408, subdivision 3, who: 
  4.14     (1) is a licensed occupational therapist who supervises 
  4.15  occupational therapists, or before July 1, 1999, supervised 
  4.16  persons certified as occupational therapists by the National 
  4.17  Board for Certification in Occupational Therapy; or 
  4.18     (2) is licensed by the board of medical practice, the board 
  4.19  of nursing, or the board of teaching and is knowledgeable of 
  4.20  occupational therapy evaluations, intervention planning, and 
  4.21  therapeutic procedures.  
  4.22     Subd. 20.  [LICENSE OR LICENSED.] "License" or "licensed" 
  4.23  means the act or status of a natural person who meets the 
  4.24  requirements of sections 148.6401 to 148.6450.  
  4.25     Subd. 21.  [LICENSEE.] "Licensee" means a person who meets 
  4.26  the requirements of sections 148.6401 to 148.6450.  
  4.27     Subd. 22.  [LICENSURE BY EQUIVALENCY.] "Licensure by 
  4.28  equivalency" means a method of licensure described in section 
  4.29  148.6412 by which an individual who possesses a credential from 
  4.30  the National Board for Certification in Occupational Therapy may 
  4.31  qualify for licensure. 
  4.32     Subd. 23.  [LICENSURE BY RECIPROCITY.] "Licensure by 
  4.33  reciprocity" means a method of licensure described in section 
  4.34  148.6415 by which an individual who possesses a credential from 
  4.35  another jurisdiction may qualify for Minnesota licensure. 
  4.36     Subd. 24.  [SERVICE COMPETENCY.] "Service competency" of an 
  5.1   occupational therapy assistant in performing evaluation tasks 
  5.2   means the ability of an occupational therapy assistant to obtain 
  5.3   the same information as the supervising occupational therapist 
  5.4   when evaluating a client's function. 
  5.5      Service competency of an occupational therapy assistant in 
  5.6   performing treatment procedures means the ability of an 
  5.7   occupational therapy assistant to perform treatment procedures 
  5.8   in a manner such that the outcome, documentation, and follow-up 
  5.9   are equivalent to that which would have been achieved had the 
  5.10  supervising occupational therapist performed the treatment 
  5.11  procedure. 
  5.12     Service competency of an occupational therapist means the 
  5.13  ability of an occupational therapist to consistently perform an 
  5.14  assessment task or intervention procedure with the level of 
  5.15  skill recognized as satisfactory within the appropriate 
  5.16  acceptable prevailing practice of occupational therapy. 
  5.17     Subd. 25.  [SUPERFICIAL PHYSICAL AGENT MODALITY.] 
  5.18  "Superficial physical agent modality" means a therapeutic medium 
  5.19  which produces temperature changes in skin and underlying 
  5.20  subcutaneous tissues within a depth of zero to three centimeters 
  5.21  for the purposes of rehabilitation of neuromusculoskeletal 
  5.22  dysfunction.  Superficial physical agent modalities may include, 
  5.23  but are not limited to:  paraffin baths, hot packs, cold packs, 
  5.24  fluidotherapy, contrast baths, and whirlpool baths.  Superficial 
  5.25  physical agent modalities do not include the use of electrical 
  5.26  stimulation devices, ultrasound, or quick icing. 
  5.27     Subd. 26.  [TEMPORARY LICENSURE.] "Temporary licensure" 
  5.28  means a method of licensure described in section 148.6418, by 
  5.29  which an individual who (1) has completed an approved or 
  5.30  accredited education program but has not met the examination 
  5.31  requirement; or (2) possesses a credential from another 
  5.32  jurisdiction or the National Board for Certification in 
  5.33  Occupational Therapy but who has not submitted the documentation 
  5.34  required by section 148.6420, subdivisions 3 and 4, may qualify 
  5.35  for Minnesota licensure for a limited time period. 
  5.36     Subd. 27.  [ULTRASOUND DEVICE.] "Ultrasound device" means a 
  6.1   device intended to generate and emit high frequency acoustic 
  6.2   vibrational energy for the purposes of rehabilitation of 
  6.3   neuromusculoskeletal dysfunction. 
  6.4      Sec. 3.  [148.6403] [LICENSURE; PROTECTED TITLES AND 
  6.5   RESTRICTIONS ON USE; EXEMPT PERSONS; SANCTIONS.] 
  6.6      Subdivision 1.  [UNLICENSED PRACTICE PROHIBITED.] No person 
  6.7   shall engage in the practice of occupational therapy unless the 
  6.8   person is licensed as an occupational therapist or an 
  6.9   occupational therapist assistant in accordance with sections 
  6.10  148.6401 to 148.6450. 
  6.11     Subd. 2.  [PROTECTED TITLES AND RESTRICTIONS ON USE.] Use 
  6.12  of the phrase "occupational therapy" or "occupational 
  6.13  therapist," or the initials "O.T." alone or in combination with 
  6.14  any other words or initials to form an occupational title, or to 
  6.15  indicate or imply that the person is licensed by the state as an 
  6.16  occupational therapist or occupational therapy assistant, is 
  6.17  prohibited unless that person is licensed under sections 
  6.18  148.6401 to 148.6450. 
  6.19     Subd. 3.  [USE OF "MINNESOTA LICENSED."] Use of the term 
  6.20  "Minnesota licensed" in conjunction with titles protected under 
  6.21  this section by any person is prohibited unless that person is 
  6.22  licensed under sections 148.6401 to 148.6450. 
  6.23     Subd. 4.  [PERSONS LICENSED OR CERTIFIED IN OTHER STATES.] 
  6.24  A person who is licensed in Minnesota and licensed or certified 
  6.25  in another state may use the designation "licensed" or 
  6.26  "certified" with a protected title only if the state of 
  6.27  licensure or certification is clearly indicated. 
  6.28     Subd. 5.  [EXEMPT PERSONS.] This section does not apply to: 
  6.29     (1) a person employed as an occupational therapist or 
  6.30  occupational therapy assistant by the government of the United 
  6.31  States or any agency of it.  However, use of the protected 
  6.32  titles under those circumstances is allowed only in connection 
  6.33  with performance of official duties for the federal government; 
  6.34     (2) a student participating in supervised fieldwork or 
  6.35  supervised coursework that is necessary to meet the requirements 
  6.36  of section 148.6408, subdivision 1, or 148.6410, subdivision 1, 
  7.1   if the person is designated by a title which clearly indicates 
  7.2   the person's status as a student trainee.  Any use of the 
  7.3   protected titles under these circumstances is allowed only while 
  7.4   the person is performing the duties of the supervised fieldwork 
  7.5   or supervised coursework; or 
  7.6      (3) a person performing occupational therapy services in 
  7.7   the state, if the services are performed no more than 30 days in 
  7.8   a calendar year in association with an occupational therapist 
  7.9   licensed under sections 148.6401 to 148.6450, and 
  7.10     (i) the person is credentialed under the law of another 
  7.11  state which has credentialing requirements at least as stringent 
  7.12  as the requirements of sections 148.6401 to 148.6450; or 
  7.13     (ii) the person meets the requirements for certification as 
  7.14  an occupational therapist registered (OTR) or a certified 
  7.15  occupational therapy assistant (COTA), established by the 
  7.16  National Board for Certification in Occupational Therapy. 
  7.17     Subd. 6.  [SANCTIONS.] A person who practices occupational 
  7.18  therapy or holds out as an occupational therapist or 
  7.19  occupational therapy assistant by or through the use of any 
  7.20  title described in subdivision 2 without prior licensure 
  7.21  according to sections 148.6401 to 148.6450 is subject to 
  7.22  sanctions or action against continuing the activity according to 
  7.23  section 148.6448, chapter 214, or other statutory authority. 
  7.24     Subd. 7.  [EXEMPTION.] Nothing in sections 148.6401 to 
  7.25  148.6450 shall prohibit the practice of any profession or 
  7.26  occupation licensed or registered by the state by any person 
  7.27  duly licensed or registered to practice the profession or 
  7.28  occupation or to perform any act that falls within the scope of 
  7.29  practice of the profession or occupation. 
  7.30     Sec. 4.  [148.6404] [SCOPE OF PRACTICE.] 
  7.31     The practice of occupational therapy by an occupational 
  7.32  therapist or occupational therapy assistant includes, but is not 
  7.33  limited to, intervention directed toward: 
  7.34     (1) assessment and evaluation, including the use of skilled 
  7.35  observation or the administration and interpretation of 
  7.36  standardized or nonstandardized tests and measurements, to 
  8.1   identify areas for occupational therapy services; 
  8.2      (2) providing for the development of sensory integrative, 
  8.3   neuromuscular, or motor components of performance; 
  8.4      (3) providing for the development of emotional, 
  8.5   motivational, cognitive, or psychosocial components of 
  8.6   performance; 
  8.7      (4) developing daily living skills; 
  8.8      (5) developing feeding and swallowing skills; 
  8.9      (6) developing play skills and leisure capacities; 
  8.10     (7) enhancing educational performance skills; 
  8.11     (8) enhancing functional performance and work readiness 
  8.12  through exercise, range of motion, and use of ergonomic 
  8.13  principles; 
  8.14     (9) designing, fabricating, or applying rehabilitative 
  8.15  technology, such as selected orthotic and prosthetic devices, 
  8.16  and providing training in the functional use of these devices; 
  8.17     (10) designing, fabricating, or adapting assistive 
  8.18  technology and providing training in the functional use of 
  8.19  assistive devices; 
  8.20     (11) adapting environments using assistive technology such 
  8.21  as environmental controls, wheelchair modifications, and 
  8.22  positioning; 
  8.23     (12) employing physical agent modalities, in preparation 
  8.24  for or as an adjunct to purposeful activity, within the same 
  8.25  treatment session or to meet established functional occupational 
  8.26  therapy goals, consistent with the requirements of section 
  8.27  148.6440; and 
  8.28     (13) promoting health and wellness. 
  8.29     Sec. 5.  [148.6405] [LICENSURE REQUIREMENTS; PROCEDURES AND 
  8.30  QUALIFICATIONS.] 
  8.31     (a) An applicant for licensure must comply with the general 
  8.32  licensure procedures in section 148.6420.  To qualify for 
  8.33  licensure, an applicant must satisfy one of the requirements in 
  8.34  paragraphs (b) to (f) and not be subject to denial of licensure 
  8.35  under section 148.6448. 
  8.36     (b) A person who applies for licensure as an occupational 
  9.1   therapist and who has not been credentialed by the National 
  9.2   Board for Certification in Occupational Therapy or another 
  9.3   jurisdiction must meet the requirements in section 148.6408. 
  9.4      (c) A person who applies for licensure as an occupational 
  9.5   therapy assistant and who has not been credentialed by the 
  9.6   National Board for Certification in Occupational Therapy or 
  9.7   another jurisdiction must meet the requirements in section 
  9.8   148.6410. 
  9.9      (d) A person who is certified by the National Board for 
  9.10  Certification in Occupational Therapy may apply for licensure by 
  9.11  equivalency and must meet the requirements in section 148.6412. 
  9.12     (e) A person who is credentialed in another jurisdiction 
  9.13  may apply for licensure by reciprocity and must meet the 
  9.14  requirements in section 148.6415. 
  9.15     (f) A person who applies for temporary licensure must meet 
  9.16  the requirements in section 148.6418. 
  9.17     Sec. 6.  [148.6408] [QUALIFICATIONS FOR OCCUPATIONAL 
  9.18  THERAPIST.] 
  9.19     Subdivision 1.  [EDUCATION REQUIRED.] (a) An applicant who 
  9.20  has received professional education in the United States or its 
  9.21  possessions or territories must successfully complete all 
  9.22  academic and fieldwork requirements of an educational program 
  9.23  for occupational therapists approved or accredited by the 
  9.24  Accreditation Council for Occupational Therapy Education. 
  9.25     (b) An applicant who has received professional education 
  9.26  outside the United States or its possessions or territories must 
  9.27  successfully complete all academic and fieldwork requirements of 
  9.28  an educational program for occupational therapists approved by a 
  9.29  member association of the World Federation of Occupational 
  9.30  Therapists. 
  9.31     Subd. 2.  [QUALIFYING EXAMINATION SCORE REQUIRED.] (a) An 
  9.32  applicant must achieve a qualifying score on the credentialing 
  9.33  examination for occupational therapist. 
  9.34     (b) The commissioner shall determine the qualifying score 
  9.35  for the credentialing examination for occupational therapist.  
  9.36  In determining the qualifying score, the commissioner shall 
 10.1   consider the cut score recommended by the National Board for 
 10.2   Certification in Occupational Therapy, or other national 
 10.3   credentialing organization approved by the commissioner, using 
 10.4   the modified Angoff method for determining cut score or another 
 10.5   method for determining cut score that is recognized as 
 10.6   appropriate and acceptable by industry standards. 
 10.7      (c) The applicant is responsible for: 
 10.8      (1) making arrangements to take the credentialing 
 10.9   examination for occupational therapist; 
 10.10     (2) bearing all expenses associated with taking the 
 10.11  examination; and 
 10.12     (3) having the examination scores sent directly to the 
 10.13  commissioner from the testing service that administers the 
 10.14  examination. 
 10.15     Sec. 7.  [148.6410] [QUALIFICATIONS FOR OCCUPATIONAL 
 10.16  THERAPY ASSISTANTS.] 
 10.17     Subdivision 1.  [EDUCATION REQUIRED.] An applicant must 
 10.18  successfully complete all academic and fieldwork requirements of 
 10.19  an occupational therapy assistant program approved or accredited 
 10.20  by the Accreditation Council for Occupational Therapy Education. 
 10.21     Subd. 2.  [QUALIFYING EXAMINATION SCORE REQUIRED.] (a) An 
 10.22  applicant for licensure must achieve a qualifying score on the 
 10.23  credentialing examination for occupational therapy assistants. 
 10.24     (b) The commissioner shall determine the qualifying score 
 10.25  for the credentialing examination for occupational therapy 
 10.26  assistants.  In determining the qualifying score, the 
 10.27  commissioner shall consider the cut score recommended by the 
 10.28  National Board for Certification in Occupational Therapy, or 
 10.29  other national credentialing organization approved by the 
 10.30  commissioner, using the modified Angoff method for determining 
 10.31  cut score or another method for determining cut score that is 
 10.32  recognized as appropriate and acceptable by industry standards. 
 10.33     (c) The applicant is responsible for: 
 10.34     (1) making all arrangements to take the credentialing 
 10.35  examination for occupational therapy assistants; 
 10.36     (2) bearing all expense associated with taking the 
 11.1   examination; and 
 11.2      (3) having the examination scores sent directly to the 
 11.3   commissioner from the testing service that administers the 
 11.4   examination. 
 11.5      Sec. 8.  [148.6412] [LICENSURE BY EQUIVALENCY.] 
 11.6      Subdivision 1.  [PERSONS CERTIFIED BY NATIONAL BOARD FOR 
 11.7   CERTIFICATION IN OCCUPATIONAL THERAPY BEFORE JUNE 17, 1996.] 
 11.8   Persons certified by the National Board for Certification in 
 11.9   Occupational Therapy as an occupational therapist before June 
 11.10  17, 1996, may apply for licensure by equivalency for 
 11.11  occupational therapist.  Persons certified by the National Board 
 11.12  for Certification in Occupational Therapy as an occupational 
 11.13  therapy assistant before June 17, 1996, may apply for licensure 
 11.14  by equivalency for occupational therapy assistant. 
 11.15     Subd. 2.  [PERSONS CERTIFIED BY NATIONAL BOARD FOR 
 11.16  CERTIFICATION IN OCCUPATIONAL THERAPY AFTER JUNE 17, 1996.] The 
 11.17  commissioner may license any person certified by the National 
 11.18  Board for Certification in Occupational Therapy as an 
 11.19  occupational therapist after June 17, 1996, if the commissioner 
 11.20  determines the requirements for certification are equivalent to 
 11.21  or exceed the requirements for licensure as an occupational 
 11.22  therapist under section 148.6408.  The commissioner may license 
 11.23  any person certified by the National Board for Certification in 
 11.24  Occupational Therapy as an occupational therapy assistant after 
 11.25  June 17, 1996, if the commissioner determines the requirements 
 11.26  for certification are equivalent to or exceed the requirements 
 11.27  for licensure as an occupational therapy assistant under section 
 11.28  148.6410.  Nothing in this section limits the commissioner's 
 11.29  authority to deny licensure based upon the grounds for 
 11.30  discipline in sections 148.6401 to 148.6450. 
 11.31     Subd. 3.  [APPLICATION PROCEDURES.] Applicants for 
 11.32  licensure by equivalency must provide: 
 11.33     (1) the application materials as required by section 
 11.34  148.6420, subdivisions 1, 3, and 4; and 
 11.35     (2) the fees required by section 148.6445. 
 11.36     Sec. 9.  [148.6415] [LICENSURE BY RECIPROCITY.] 
 12.1      A person who holds a current credential as an occupational 
 12.2   therapist in the District of Columbia or a state or territory of 
 12.3   the United States whose standards for credentialing are 
 12.4   determined by the commissioner to be equivalent to or exceed the 
 12.5   requirements for licensure under section 148.6408 may be 
 12.6   eligible for licensure by reciprocity as an occupational 
 12.7   therapist.  A person who holds a current credential as an 
 12.8   occupational therapy assistant in the District of Columbia or a 
 12.9   state or territory of the United States whose standards for 
 12.10  credentialing are determined by the commissioner to be 
 12.11  equivalent to or exceed the requirements for licensure under 
 12.12  section 148.6410 may be eligible for licensure by reciprocity as 
 12.13  an occupational therapy assistant.  Nothing in this section 
 12.14  limits the commissioner's authority to deny licensure based upon 
 12.15  the grounds for discipline in sections 148.6401 to 148.6450.  An 
 12.16  applicant must provide: 
 12.17     (1) the application materials as required by section 
 12.18  148.6420, subdivisions 1, 3, and 4; 
 12.19     (2) the fees required by section 148.6445; 
 12.20     (3) a copy of a current and unrestricted credential for the 
 12.21  practice of occupational therapy as either an occupational 
 12.22  therapist or occupational therapy assistant; 
 12.23     (4) a letter from the jurisdiction that issued the 
 12.24  credential describing the applicant's qualifications that 
 12.25  entitled the applicant to receive the credential; and 
 12.26     (5) other information necessary to determine whether the 
 12.27  credentialing standards of the jurisdiction that issued the 
 12.28  credential are equivalent to or exceed the requirements for 
 12.29  licensure under sections 148.6401 to 148.6450. 
 12.30     Sec. 10.  [148.6418] [TEMPORARY LICENSURE.] 
 12.31     Subdivision 1.  [APPLICATION.] The commissioner shall issue 
 12.32  temporary licensure as an occupational therapist or occupational 
 12.33  therapy assistant to applicants who have applied for licensure 
 12.34  under section 148.6408, subdivisions 1 and 2; 148.6410, 
 12.35  subdivisions 1 and 2; 148.6412; or 148.6415 and who are not the 
 12.36  subject of a disciplinary action or past disciplinary action, 
 13.1   nor disqualified on the basis of items listed in section 
 13.2   148.6448, subdivision 1. 
 13.3      Subd. 2.  [PROCEDURES.] To be eligible for temporary 
 13.4   licensure, an applicant must submit the application materials 
 13.5   required by section 148.6420, subdivision 1, the fees required 
 13.6   by section 148.6445, and one of the following: 
 13.7      (1) evidence of successful completion of the requirements 
 13.8   in section 148.6408, subdivision 1, or 148.6410, subdivision 1; 
 13.9      (2) a copy of a current and unrestricted credential for the 
 13.10  practice of occupational therapy as either an occupational 
 13.11  therapist or occupational therapy assistant in another 
 13.12  jurisdiction; or 
 13.13     (3) a copy of a current and unrestricted certificate from 
 13.14  the National Board for Certification in Occupational Therapy 
 13.15  stating that the applicant is certified as an occupational 
 13.16  therapist or occupational therapy assistant. 
 13.17     Subd. 3.  [ADDITIONAL DOCUMENTATION.] Persons who are 
 13.18  credentialed by the National Board for Certification in 
 13.19  Occupational Therapy or another jurisdiction must provide an 
 13.20  affidavit with the application for temporary licensure stating 
 13.21  that they are not the subject of a pending investigation or 
 13.22  disciplinary action and have not been the subject of a 
 13.23  disciplinary action in the past. 
 13.24     Subd. 4.  [SUPERVISION REQUIRED.] An applicant who has 
 13.25  graduated from an accredited occupational therapy program, as 
 13.26  required by section 148.6408, subdivision 1, or 148.6410, 
 13.27  subdivision 1, and who has not passed the examination required 
 13.28  by section 148.6408, subdivision 2, or 148.6410, subdivision 2, 
 13.29  must practice under the supervision of a licensed occupational 
 13.30  therapist.  The supervising therapist must, at a minimum, 
 13.31  supervise the person working under temporary licensure in the 
 13.32  performance of the initial evaluation, determination of the 
 13.33  appropriate treatment plan, and periodic review and modification 
 13.34  of the treatment plan.  The supervising therapist must observe 
 13.35  the person working under temporary licensure in order to assure 
 13.36  service competency in carrying out evaluation, treatment 
 14.1   planning, and treatment implementation.  The frequency of 
 14.2   face-to-face collaboration between the person working under 
 14.3   temporary licensure and the supervising therapist must be based 
 14.4   on the condition of each patient or client, the complexity of 
 14.5   treatment and evaluation procedures, and the proficiencies of 
 14.6   the person practicing under temporary licensure.  The 
 14.7   occupational therapist or occupational therapy assistant working 
 14.8   under temporary licensure must provide verification of 
 14.9   supervision on the application form provided by the commissioner.
 14.10     Subd. 5.  [EXPIRATION OF TEMPORARY LICENSURE.] A temporary 
 14.11  license issued to a person pursuant to subdivision 2, clause 
 14.12  (1), expires ten weeks after the next credentialing examination 
 14.13  for occupational therapists and occupational therapy assistants 
 14.14  or on the date the commissioner grants or denies licensure, 
 14.15  whichever occurs first.  A temporary license issued to a person 
 14.16  pursuant to subdivision 2, clause (2) or (3), expires 90 days 
 14.17  after it is issued.  Upon application for renewal, a temporary 
 14.18  license shall be renewed once to persons who have not met the 
 14.19  examination requirement under section 148.6408, subdivision 2, 
 14.20  or 148.6410, subdivision 2, within the initial temporary 
 14.21  licensure period and who are not the subject of a disciplinary 
 14.22  action nor disqualified on the basis of items in section 
 14.23  148.6448, subdivision 1.  Upon application for renewal, a 
 14.24  temporary license shall be renewed once to persons who are able 
 14.25  to demonstrate good cause for failure to meet the requirements 
 14.26  for licensure under section 148.6412 or 148.6415 within the 
 14.27  initial temporary licensure period and who are not the subject 
 14.28  of a disciplinary action nor disqualified on the basis of items 
 14.29  in section 148.6448, subdivision 1. 
 14.30     Sec. 11.  [148.6420] [GENERAL LICENSURE PROCEDURES.] 
 14.31     Subdivision 1.  [APPLICATIONS FOR LICENSURE.] An applicant 
 14.32  for licensure must: 
 14.33     (1) submit a completed application for licensure on forms 
 14.34  provided by the commissioner and must supply the information 
 14.35  requested on the application, including: 
 14.36     (i) the applicant's name, business address and business 
 15.1   telephone number, business setting, and daytime telephone 
 15.2   number; 
 15.3      (ii) the name and location of the occupational therapy 
 15.4   program the applicant completed; 
 15.5      (iii) a description of the applicant's education and 
 15.6   training, including a list of degrees received from educational 
 15.7   institutions; 
 15.8      (iv) the applicant's work history for the six years 
 15.9   preceding the application, including the number of hours worked; 
 15.10     (v) a list of all credentials currently and previously held 
 15.11  in Minnesota and other jurisdictions; 
 15.12     (vi) a description of any jurisdiction's refusal to 
 15.13  credential the applicant; 
 15.14     (vii) a description of all professional disciplinary 
 15.15  actions initiated against the applicant in any jurisdiction; 
 15.16     (viii) information on any physical or mental condition or 
 15.17  chemical dependency that impairs the person's ability to engage 
 15.18  in the practice of occupational therapy with reasonable judgment 
 15.19  or safety; 
 15.20     (ix) a description of any misdemeanor or felony conviction 
 15.21  that relates to honesty or to the practice of occupational 
 15.22  therapy; 
 15.23     (x) a description of any state or federal court order, 
 15.24  including a conciliation court judgment or a disciplinary order, 
 15.25  related to the individual's occupational therapy practice; and 
 15.26     (xi) a statement indicating the physical agent modalities 
 15.27  the applicant will use and whether the applicant will use the 
 15.28  modalities as an occupational therapist or an occupational 
 15.29  therapy assistant; 
 15.30     (2) submit with the application all fees required by 
 15.31  section 148.6445; 
 15.32     (3) sign a statement that the information in the 
 15.33  application is true and correct to the best of the applicant's 
 15.34  knowledge and belief; 
 15.35     (4) sign a waiver authorizing the commissioner to obtain 
 15.36  access to the applicant's records in this or any other state in 
 16.1   which the applicant holds or previously held a credential for 
 16.2   the practice of an occupation, has completed an accredited 
 16.3   occupational therapy education program, or engaged in the 
 16.4   practice of occupational therapy; 
 16.5      (5) submit additional information as requested by the 
 16.6   commissioner; and 
 16.7      (6) submit the additional information required for 
 16.8   provisional licensure, licensure by equivalency, licensure by 
 16.9   reciprocity, and temporary licensure as specified in sections 
 16.10  148.6408 to 148.6418. 
 16.11     Subd. 2.  [PERSONS APPLYING FOR LICENSURE UNDER SECTION 
 16.12  148.6408 OR 148.6410.] Persons applying for licensure under 
 16.13  section 148.6408, subdivisions 1 and 2, or 148.6410, 
 16.14  subdivisions 1 and 2, must submit the materials required in 
 16.15  subdivision 1 and the following: 
 16.16     (1) a certificate of successful completion of the 
 16.17  requirements in section 148.6408, subdivision 1, or 148.6410, 
 16.18  subdivision 1; and 
 16.19     (2) the applicant's test results from the examining agency, 
 16.20  as evidence that the applicant received a qualifying score on a 
 16.21  credentialing examination meeting the requirements of section 
 16.22  148.6408, subdivision 2, or 148.6410, subdivision 2. 
 16.23     Subd. 3.  [APPLICANTS WHO ARE CERTIFIED BY NATIONAL BOARD 
 16.24  FOR CERTIFICATION IN OCCUPATIONAL THERAPY.] An applicant who is 
 16.25  certified by the National Board for Certification in 
 16.26  Occupational Therapy must provide the materials required in 
 16.27  subdivision 1 and the following: 
 16.28     (1) verified documentation from the National Board for 
 16.29  Certification in Occupational Therapy stating that the applicant 
 16.30  is certified as an occupational therapist, registered or 
 16.31  certified occupational therapy assistant, the date certification 
 16.32  was granted, and the applicant's certification number.  The 
 16.33  document must also include a statement regarding disciplinary 
 16.34  actions.  The applicant is responsible for obtaining this 
 16.35  documentation by sending a form provided by the commissioner to 
 16.36  the National Board for Certification in Occupational Therapy; 
 17.1   and 
 17.2      (2) a waiver authorizing the commissioner to obtain access 
 17.3   to the applicant's records maintained by the National Board for 
 17.4   Certification in Occupational Therapy. 
 17.5      Subd. 4.  [APPLICANTS CREDENTIALED IN ANOTHER 
 17.6   JURISDICTION.] In addition to providing the materials required 
 17.7   in subdivision 1, an applicant credentialed in another 
 17.8   jurisdiction must request that the appropriate government body 
 17.9   in each jurisdiction in which the applicant holds or held an 
 17.10  occupational therapy credential send a letter to the 
 17.11  commissioner that verifies the applicant's credentials.  Except 
 17.12  as provided in section 148.6418, a license shall not be issued 
 17.13  until the commissioner receives letters verifying each of the 
 17.14  applicant's credentials.  Each letter must include the 
 17.15  applicant's name, date of birth, credential number, date of 
 17.16  issuance, a statement regarding investigations pending and 
 17.17  disciplinary actions taken or pending against the applicant, 
 17.18  current status of the credential, and the terms under which the 
 17.19  credential was issued. 
 17.20     Subd. 5.  [ACTION ON APPLICATIONS FOR LICENSURE.] (a) The 
 17.21  commissioner shall approve, approve with conditions, or deny 
 17.22  licensure.  The commissioner shall act on an application for 
 17.23  licensure according to paragraphs (b) to (d). 
 17.24     (b) The commissioner shall determine if the applicant meets 
 17.25  the requirements for licensure.  The commissioner, or the 
 17.26  advisory council at the commissioner's request, may investigate 
 17.27  information provided by an applicant to determine whether the 
 17.28  information is accurate and complete. 
 17.29     (c) The commissioner shall notify an applicant of action 
 17.30  taken on the application and, if licensure is denied or approved 
 17.31  with conditions, the grounds for the commissioner's 
 17.32  determination. 
 17.33     (d) An applicant denied licensure or granted licensure with 
 17.34  conditions may make a written request to the commissioner, 
 17.35  within 30 days of the date of the commissioner's determination, 
 17.36  for reconsideration of the commissioner's determination.  
 18.1   Individuals requesting reconsideration may submit information 
 18.2   which the applicant wants considered in the reconsideration.  
 18.3   After reconsideration of the commissioner's determination to 
 18.4   deny licensure or grant licensure with conditions, the 
 18.5   commissioner shall determine whether the original determination 
 18.6   should be affirmed or modified.  An applicant is allowed no more 
 18.7   than one request in any one biennial licensure period for 
 18.8   reconsideration of the commissioner's determination to deny 
 18.9   licensure or approve licensure with conditions. 
 18.10     Sec. 12.  [148.6423] [LICENSURE RENEWAL.] 
 18.11     Subdivision 1.  [RENEWAL REQUIREMENTS.] To be eligible for 
 18.12  licensure renewal, a licensee must: 
 18.13     (1) submit a completed and signed application for licensure 
 18.14  renewal on forms provided by the commissioner; 
 18.15     (2) submit the renewal fee required under section 148.6445; 
 18.16     (3) submit proof of having met the continuing education 
 18.17  requirement of section 148.6443 on forms provided by the 
 18.18  commissioner; and 
 18.19     (4) submit additional information as requested by the 
 18.20  commissioner to clarify information presented in the renewal 
 18.21  application.  The information must be submitted within 30 days 
 18.22  after the commissioner's request. 
 18.23     Subd. 2.  [RENEWAL DEADLINE.] (a) Except as provided in 
 18.24  subdivision 4, licenses must be renewed every two years.  
 18.25  Licensees must comply with the following procedures in 
 18.26  paragraphs (b) to (e): 
 18.27     (b) Each license must state an expiration date.  An 
 18.28  application for licensure renewal must be received by the 
 18.29  department of health or postmarked at least 30 calendar days 
 18.30  before the expiration date.  If the postmark is illegible, the 
 18.31  application shall be considered timely if received at least 21 
 18.32  calendar days before the expiration date. 
 18.33     (c) If the commissioner changes the renewal schedule and 
 18.34  the expiration date is less than two years, the fee shall be 
 18.35  prorated. 
 18.36     (d) An application for licensure renewal not received 
 19.1   within the time required under paragraph (b), but received on or 
 19.2   before the expiration date, must be accompanied by a late fee in 
 19.3   addition to the renewal fee specified by section 148.6445. 
 19.4      (e) Licensure renewals received after the expiration date 
 19.5   shall not be accepted and persons seeking licensed status must 
 19.6   comply with the requirements of section 148.6425. 
 19.7      Subd. 3.  [LICENSURE RENEWAL NOTICE.] At least 60 calendar 
 19.8   days before the expiration date in subdivision 2, the 
 19.9   commissioner shall mail a renewal notice to the licensee's last 
 19.10  known address on file with the commissioner.  The notice must 
 19.11  include an application for licensure renewal and notice of fees 
 19.12  required for renewal.  The licensee's failure to receive notice 
 19.13  does not relieve the licensee of the obligation to meet the 
 19.14  renewal deadline and other requirements for licensure renewal. 
 19.15     Subd. 4.  [RENEWAL OF PROVISIONAL LICENSURE.] Provisional 
 19.16  licensure must be renewed annually.  Provisional licensees must 
 19.17  comply with all requirements of this section except subdivision 
 19.18  1, clauses (2) and (3).  In addition, provisional licensees must 
 19.19  submit the fee for renewal of provisional licensure required by 
 19.20  section 148.6445.  A provisional license shall not be renewed 
 19.21  for any period of time beyond the expiration of the three-year 
 19.22  provisional licensure period. 
 19.23     Sec. 13.  [148.6425] [RENEWAL OF LICENSURE; AFTER 
 19.24  EXPIRATION DATE.] 
 19.25     Subdivision 1.  [REMOVAL OF NAME FROM LIST.] The names of 
 19.26  licensees who do not comply with the licensure renewal 
 19.27  requirements of section 148.6423 on or before the expiration 
 19.28  date shall be removed from the list of individuals authorized to 
 19.29  practice occupational therapy and to use the protected titles in 
 19.30  section 148.6403.  The licensees must comply with the 
 19.31  requirements of this section in order to regain licensed status. 
 19.32     Subd. 2.  [LICENSURE RENEWAL AFTER LICENSURE EXPIRATION 
 19.33  DATE.] Except as provided in subdivision 4, an individual whose 
 19.34  application for licensure renewal is received after the 
 19.35  licensure expiration date must submit the following: 
 19.36     (1) a completed and signed application for licensure 
 20.1   following lapse in licensed status on forms provided by the 
 20.2   commissioner; 
 20.3      (2) the renewal fee and the late fee required under section 
 20.4   148.6445; 
 20.5      (3) proof of having met the continuing education 
 20.6   requirements since the individual's initial licensure or last 
 20.7   licensure renewal; and 
 20.8      (4) additional information as requested by the commissioner 
 20.9   to clarify information in the application, including information 
 20.10  to determine whether the individual has engaged in conduct 
 20.11  warranting disciplinary action as set forth in section 
 20.12  148.6448.  The information must be submitted within 30 days 
 20.13  after the commissioner's request. 
 20.14     Subd. 3.  [LICENSURE RENEWAL FOUR YEARS OR MORE AFTER 
 20.15  LICENSURE EXPIRATION DATE.] (a) Except as provided in 
 20.16  subdivision 4, an individual who requests licensure renewal four 
 20.17  years or more after the licensure expiration date must submit 
 20.18  the following: 
 20.19     (1) a completed and signed application for licensure on 
 20.20  forms provided by the commissioner; 
 20.21     (2) the renewal fee and the late fee required under section 
 20.22  148.6445; 
 20.23     (3) proof of having met the continuing education 
 20.24  requirement for the most recently completed two-year continuing 
 20.25  education cycle; and 
 20.26     (4) at the time of the next licensure renewal, proof of 
 20.27  having met the continuing education requirement, which shall be 
 20.28  prorated based on the number of months licensed during the 
 20.29  biennial licensure period. 
 20.30     (b) In addition to the requirements in paragraph (a), the 
 20.31  applicant must submit proof of one of the following: 
 20.32     (1) verified documentation of successful completion of 160 
 20.33  hours of supervised practice approved by the commissioner as 
 20.34  described in paragraph (c); 
 20.35     (2) verified documentation of having achieved a qualifying 
 20.36  score on the credentialing examination for occupational 
 21.1   therapists or the credentialing examination for occupational 
 21.2   therapy assistants administered within the past year; or 
 21.3      (3) documentation of having completed a combination of 
 21.4   occupational therapy courses or an occupational therapy 
 21.5   refresher program that contains both a theoretical and clinical 
 21.6   component approved by the commissioner.  Only courses completed 
 21.7   within one year preceding the date of the application or one 
 21.8   year after the date of the application qualify for approval. 
 21.9      (c) To participate in a supervised practice as described in 
 21.10  paragraph (b), clause (1), the applicant shall obtain limited 
 21.11  licensure.  To apply for limited licensure, the applicant shall 
 21.12  submit the completed limited licensure application, fees, and 
 21.13  agreement for supervision of an occupational therapist or 
 21.14  occupational therapy assistant practicing under limited 
 21.15  licensure signed by the supervising therapist and the 
 21.16  applicant.  The supervising occupational therapist shall state 
 21.17  the proposed level of supervision on the supervision agreement 
 21.18  form provided by the commissioner.  The supervising therapist 
 21.19  shall determine the frequency and manner of supervision based on 
 21.20  the condition of the patient or client, the complexity of the 
 21.21  procedure, and the proficiencies of the supervised occupational 
 21.22  therapist.  At a minimum, a supervising occupational therapist 
 21.23  shall be on the premises at all times that the person practicing 
 21.24  under limited licensure is working; be in the room ten percent 
 21.25  of the hours worked each week by the person practicing under 
 21.26  provisional licensure; and provide daily face-to-face 
 21.27  collaboration for the purpose of observing service competency of 
 21.28  the occupational therapist or occupational therapy assistant, 
 21.29  discussing treatment procedures and each client's response to 
 21.30  treatment, and reviewing and modifying, as necessary, each 
 21.31  treatment plan.  The supervising therapist shall document the 
 21.32  supervision provided.  The occupational therapist participating 
 21.33  in a supervised practice is responsible for obtaining the 
 21.34  supervision required under this paragraph and must comply with 
 21.35  the commissioner's requirements for supervision during the 
 21.36  entire 160 hours of supervised practice.  The supervised 
 22.1   practice must be completed in two months and may be completed at 
 22.2   the applicant's place of work. 
 22.3      (d) In addition to the requirements in paragraphs (a) and 
 22.4   (b), the applicant must submit additional information as 
 22.5   requested by the commissioner to clarify information in the 
 22.6   application, including information to determine whether the 
 22.7   applicant has engaged in conduct warranting disciplinary action 
 22.8   as set forth in section 148.6448.  The information must be 
 22.9   submitted within 30 days after the commissioner's request. 
 22.10     Sec. 14.  [148.6428] [CHANGE OF ADDRESS.] 
 22.11     A licensee who changes addresses must inform the 
 22.12  commissioner, in writing, of the change of address within 30 
 22.13  days.  All notices or other correspondence mailed to or served 
 22.14  on a licensee by the commissioner at the licensee's address on 
 22.15  file with the commissioner shall be considered as having been 
 22.16  received by the licensee. 
 22.17     Sec. 15.  [148.6430] [DELEGATION OF DUTIES; ASSIGNMENT OF 
 22.18  TASKS.] 
 22.19     The occupational therapist is responsible for all duties 
 22.20  delegated to the occupational therapy assistant or tasks 
 22.21  assigned to direct service personnel.  The occupational 
 22.22  therapist may delegate to an occupational therapy assistant 
 22.23  those portions of a client's evaluation, reevaluation, and 
 22.24  treatment that, according to prevailing practice standards of 
 22.25  the American Occupational Therapy Association, can be performed 
 22.26  by an occupational therapy assistant.  The occupational 
 22.27  therapist may not delegate portions of an evaluation or 
 22.28  reevaluation of a person whose condition is changing rapidly.  
 22.29  Delegation of duties related to use of physical agent modalities 
 22.30  to occupational therapy assistants is governed by section 
 22.31  148.6440, subdivision 6. 
 22.32     Sec. 16.  [148.6432] [SUPERVISION OF OCCUPATIONAL THERAPY 
 22.33  ASSISTANTS.] 
 22.34     Subdivision 1.  [APPLICABILITY.] If the professional 
 22.35  standards identified in section 148.6430 permit an occupational 
 22.36  therapist to delegate an evaluation, reevaluation, or treatment 
 23.1   procedure, the occupational therapist must provide supervision 
 23.2   consistent with this section.  Supervision of occupational 
 23.3   therapy assistants using physical agent modalities is governed 
 23.4   by section 148.6440, subdivision 6. 
 23.5      Subd. 2.  [EVALUATIONS.] The occupational therapist shall 
 23.6   determine the frequency of evaluations and reevaluations for 
 23.7   each client.  The occupational therapy assistant shall inform 
 23.8   the occupational therapist of the need for more frequent 
 23.9   reevaluation if indicated by the client's condition or response 
 23.10  to treatment.  Before delegating a portion of a client's 
 23.11  evaluation pursuant to section 148.6430, the occupational 
 23.12  therapist shall ensure the service competency of the 
 23.13  occupational therapy assistant in performing the evaluation 
 23.14  procedure and shall provide supervision consistent with the 
 23.15  condition of the patient or client and the complexity of the 
 23.16  evaluation procedure. 
 23.17     Subd. 3.  [TREATMENT.] (a) The occupational therapist shall 
 23.18  determine the frequency and manner of supervision of an 
 23.19  occupational therapy assistant performing treatment procedures 
 23.20  delegated pursuant to section 148.6430, based on the condition 
 23.21  of the patient or client, the complexity of the treatment 
 23.22  procedure, and the proficiencies of the occupational therapy 
 23.23  assistant. 
 23.24     (b) Face-to-face collaboration between the occupational 
 23.25  therapist and the occupational therapy assistant shall occur, at 
 23.26  a minimum, every two weeks, during which time the occupational 
 23.27  therapist is responsible for: 
 23.28     (1) planning and documenting an initial treatment plan and 
 23.29  discharge from treatment; 
 23.30     (2) reviewing treatment goals, therapy programs, and client 
 23.31  progress; 
 23.32     (3) supervising changes in the treatment plan; 
 23.33     (4) conducting or observing treatment procedures for 
 23.34  selected clients and documenting appropriateness of treatment 
 23.35  procedures.  Clients shall be selected based on the occupational 
 23.36  therapy services provided to the client and the role of the 
 24.1   occupational therapist and the occupational therapy assistant in 
 24.2   those services; and 
 24.3      (5) ensuring the service competency of the occupational 
 24.4   therapy assistant in performing delegated treatment procedures. 
 24.5      (c) Face-to-face collaboration must occur more frequently 
 24.6   than every two weeks if necessary to meet the requirements of 
 24.7   paragraph (a) or (b). 
 24.8      (d) The occupational therapist shall document compliance 
 24.9   with this subdivision in the client's file or chart. 
 24.10     Subd. 4.  [EXCEPTION.] The supervision requirements of this 
 24.11  section do not apply to an occupational therapy assistant who: 
 24.12     (1) works in an activities program; and 
 24.13     (2) does not perform occupational therapy services. 
 24.14  The occupational therapy assistant must meet all other 
 24.15  applicable requirements of sections 148.6401 to 148.6450. 
 24.16     Sec. 17.  [148.6435] [COORDINATION OF SERVICES.] 
 24.17     An occupational therapist shall: 
 24.18     (1) collect information necessary to ensure that the 
 24.19  provision of occupational therapy services are consistent with 
 24.20  the client's physical and mental health status.  The information 
 24.21  required to make this determination may include, but is not 
 24.22  limited to, contacting the client's licensed health care 
 24.23  professional for health history, current health status, current 
 24.24  medications, and precautions; 
 24.25     (2) modify or terminate occupational therapy treatment of a 
 24.26  client that is not beneficial to the client, not tolerated by 
 24.27  the client, or refused by the client, and if treatment was 
 24.28  terminated for a medical reason, notify the client's licensed 
 24.29  health care professional by correspondence postmarked or 
 24.30  delivered to the licensed health care professional within seven 
 24.31  calendar days of the termination of treatment; 
 24.32     (3) refer a client to an appropriate health care, social 
 24.33  service, or education practitioner if the client's condition 
 24.34  requires services not within the occupational therapist's 
 24.35  service competency or not within the practice of occupational 
 24.36  therapy generally; 
 25.1      (4) participate and cooperate in the coordination of 
 25.2   occupational therapy services with other related services, as a 
 25.3   member of the professional community serving the client; and 
 25.4      (5) communicate, in writing, with the appropriate licensed 
 25.5   health care professional an occupational therapy plan of care, 
 25.6   postmarked or delivered to the licensed health care professional 
 25.7   within 14 calendar days of the initiation of treatment.  The 
 25.8   occupational therapist must provide this written communication 
 25.9   even if occupational therapy treatment is concluded in less than 
 25.10  14 consecutive days.  The occupational therapist shall document 
 25.11  modifications to the plan of care requested by the licensed 
 25.12  health care professional following consultation with the 
 25.13  licensed health care professional.  Occupational therapists 
 25.14  employed by a school system are exempt from the requirements of 
 25.15  this clause in the performance of their duties within the school 
 25.16  system. 
 25.17     Sec. 18.  [148.6438] [RECIPIENT NOTIFICATION.] 
 25.18     Subdivision 1.  [REQUIRED NOTIFICATION.] In the absence of 
 25.19  a physician referral or prior authorization, and before 
 25.20  providing occupational therapy services for remuneration or 
 25.21  expectation of payment from the client, an occupational 
 25.22  therapist must provide the following written notification in all 
 25.23  capital letters of 12-point or larger bold-face type, to the 
 25.24  client, parent, or guardian: 
 25.25     "Your health care provider, insurer, or plan may require a 
 25.26  physician referral or prior authorization and you may be 
 25.27  obligated for partial or full payment for occupational therapy 
 25.28  services rendered." 
 25.29     Information other than this notification may be included as 
 25.30  long as the notification remains conspicuous on the face of the 
 25.31  document.  A nonwritten disclosure format may be used to satisfy 
 25.32  the recipient notification requirement when necessary to 
 25.33  accommodate the physical condition of a client or client's 
 25.34  guardian. 
 25.35     Subd. 2.  [EVIDENCE OF RECIPIENT NOTIFICATION.] The 
 25.36  occupational therapist is responsible for providing evidence of 
 26.1   compliance with the recipient notification requirement of this 
 26.2   section. 
 26.3      Sec. 19.  [148.6440] [PHYSICAL AGENT MODALITIES.] 
 26.4      Subdivision 1.  [GENERAL CONSIDERATIONS.] (a) Occupational 
 26.5   therapists who use superficial physical agent modalities must 
 26.6   comply with the requirements in subdivision 3.  Occupational 
 26.7   therapists who use electrotherapy must comply with the 
 26.8   requirements in subdivision 4.  Occupational therapists who use 
 26.9   ultrasound devices must comply with the requirements in 
 26.10  subdivision 5.  Occupational therapy assistants who use physical 
 26.11  agent modalities must comply with subdivision 6. 
 26.12     (b) Use of superficial physical agent modalities, 
 26.13  electrical stimulation devices, and ultrasound devices must be 
 26.14  on the order of a physician. 
 26.15     (c) The commissioner shall maintain a roster of persons 
 26.16  licensed under sections 148.6401 to 148.6450 who use physical 
 26.17  agent modalities.  Prior to using a physical agent modality, 
 26.18  licensees must inform the commissioner of the physical agent 
 26.19  modality they will use.  Persons who use physical agent 
 26.20  modalities must indicate on their initial and renewal 
 26.21  applications the physical agent modalities that they use. 
 26.22     (d) Licensees are responsible for informing the 
 26.23  commissioner of any changes in the information required in this 
 26.24  section within 30 days of any change. 
 26.25     Subd. 2.  [WRITTEN DOCUMENTATION REQUIRED.] Prior to use of 
 26.26  physical agent modalities, an occupational therapist must 
 26.27  provide to the commissioner documentation verifying that the 
 26.28  occupational therapist has met the educational and clinical 
 26.29  requirements described in subdivisions 3 to 5, depending on the 
 26.30  modality or modalities used.  Both theoretical training and 
 26.31  clinical application objectives must be met for each modality 
 26.32  used.  Documentation must include the name and address of the 
 26.33  individual or organization sponsoring the activity; the name and 
 26.34  address of the facility at which the activity was presented; and 
 26.35  a copy of the course, workshop, or seminar description, 
 26.36  including learning objectives and standards for meeting the 
 27.1   objectives.  In the case of clinical application objectives, 
 27.2   teaching methods must be documented, including actual supervised 
 27.3   practice.  Documentation must include a transcript or 
 27.4   certificate showing successful completion of the coursework.  
 27.5   Practitioners are prohibited from using physical agent 
 27.6   modalities independently until granted approval as provided in 
 27.7   subdivision 7.  
 27.8      Subd. 3.  [EDUCATIONAL AND CLINICAL REQUIREMENTS FOR USE OF 
 27.9   SUPERFICIAL PHYSICAL AGENT MODALITIES.] (a) An occupational 
 27.10  therapist may use superficial physical agent modalities if the 
 27.11  occupational therapist has received theoretical training and 
 27.12  clinical application training in the use of superficial physical 
 27.13  agent modalities.  
 27.14     (b) Theoretical training in the use of superficial physical 
 27.15  agent modalities must:  
 27.16     (1) explain the rationale and clinical indications for use 
 27.17  of superficial physical agent modalities; 
 27.18     (2) explain the physical properties and principles of the 
 27.19  superficial physical agent modalities; 
 27.20     (3) describe the types of heat and cold transference; 
 27.21     (4) explain the factors affecting tissue response to 
 27.22  superficial heat and cold; 
 27.23     (5) describe the biophysical effects of superficial 
 27.24  physical agent modalities in normal and abnormal tissue; 
 27.25     (6) describe the thermal conductivity of tissue, matter, 
 27.26  and air; 
 27.27     (7) explain the advantages and disadvantages of superficial 
 27.28  physical agent modalities; and 
 27.29     (8) explain the precautions and contraindications of 
 27.30  superficial physical agent modalities. 
 27.31     (c) Clinical application training in the use of superficial 
 27.32  physical agent modalities must include activities requiring the 
 27.33  practitioner to: 
 27.34     (1) formulate and justify a plan for the use of superficial 
 27.35  physical agents for treatment appropriate to its use and 
 27.36  simulate the treatment; 
 28.1      (2) evaluate biophysical effects of the superficial 
 28.2   physical agents; 
 28.3      (3) identify when modifications to the treatment plan for 
 28.4   use of superficial physical agents are needed and propose the 
 28.5   modification plan; 
 28.6      (4) safely and appropriately administer superficial 
 28.7   physical agents under the supervision of a course instructor or 
 28.8   clinical trainer; 
 28.9      (5) document parameters of treatment, patient response, and 
 28.10  recommendations for progression of treatment for the superficial 
 28.11  physical agents; and 
 28.12     (6) demonstrate the ability to work competently with 
 28.13  superficial physical agents as determined by a course instructor 
 28.14  or clinical trainer. 
 28.15     Subd. 4.  [EDUCATIONAL AND CLINICAL REQUIREMENTS FOR USE OF 
 28.16  ELECTROTHERAPY.] (a) An occupational therapist may use 
 28.17  electrotherapy if the occupational therapist has received 
 28.18  theoretical training and clinical application training in the 
 28.19  use of electrotherapy.  
 28.20     (b) Theoretical training in the use of electrotherapy must: 
 28.21     (1) explain the rationale and clinical indications of 
 28.22  electrotherapy, including pain control, muscle dysfunction, and 
 28.23  tissue healing; 
 28.24     (2) demonstrate comprehension and understanding of 
 28.25  electrotherapeutic terminology and biophysical principles, 
 28.26  including current, voltage, amplitude, and resistance; 
 28.27     (3) describe the types of current used for electrical 
 28.28  stimulation, including the description, modulations, and 
 28.29  clinical relevance; 
 28.30     (4) describe the time-dependent parameters of pulsed and 
 28.31  alternating currents, including pulse and phase durations and 
 28.32  intervals; 
 28.33     (5) describe the amplitude-dependent characteristics of 
 28.34  pulsed and alternating currents; 
 28.35     (6) describe neurophysiology and the properties of 
 28.36  excitable tissue; 
 29.1      (7) describe nerve and muscle response from externally 
 29.2   applied electrical stimulation, including tissue healing; 
 29.3      (8) describe the electrotherapeutic effects and the 
 29.4   response of nerve, denervated and innervated muscle, and other 
 29.5   soft tissue; and 
 29.6      (9) explain the precautions and contraindications of 
 29.7   electrotherapy, including considerations regarding pathology of 
 29.8   nerve and muscle tissue.  
 29.9      (c) Clinical application training in the use of 
 29.10  electrotherapy must include activities requiring the 
 29.11  practitioner to: 
 29.12     (1) formulate and justify a plan for the use of electrical 
 29.13  stimulation devices for treatment appropriate to its use and 
 29.14  simulate the treatment; 
 29.15     (2) evaluate biophysical treatment effects of the 
 29.16  electrical stimulation; 
 29.17     (3) identify when modifications to the treatment plan using 
 29.18  electrical stimulation are needed and propose the modification 
 29.19  plan; 
 29.20     (4) safely and appropriately administer electrical 
 29.21  stimulation under supervision of a course instructor or clinical 
 29.22  trainer; 
 29.23     (5) document the parameters of treatment, case example 
 29.24  (patient) response, and recommendations for progression of 
 29.25  treatment for electrical stimulation; and 
 29.26     (6) demonstrate the ability to work competently with 
 29.27  electrical stimulation as determined by a course instructor or 
 29.28  clinical trainer. 
 29.29     Subd. 5.  [EDUCATIONAL AND CLINICAL REQUIREMENTS FOR USE OF 
 29.30  ULTRASOUND.] (a) An occupational therapist may use an ultrasound 
 29.31  device if the occupational therapist has received theoretical 
 29.32  training and clinical application training in the use of 
 29.33  ultrasound.  
 29.34     (b) The theoretical training in the use of ultrasound must: 
 29.35     (1) explain the rationale and clinical indications for the 
 29.36  use of ultrasound, including anticipated physiological responses 
 30.1   of the treated area; 
 30.2      (2) describe the biophysical thermal and nonthermal effects 
 30.3   of ultrasound on normal and abnormal tissue; 
 30.4      (3) explain the physical principles of ultrasound, 
 30.5   including wavelength, frequency, attenuation, velocity, and 
 30.6   intensity; 
 30.7      (4) explain the mechanism and generation of ultrasound and 
 30.8   energy transmission through physical matter; and 
 30.9      (5) explain the precautions and contraindications regarding 
 30.10  use of ultrasound devices. 
 30.11     (c) The clinical application training in the use of 
 30.12  ultrasound must include activities requiring the practitioner to:
 30.13     (1) formulate and justify a plan for the use of ultrasound 
 30.14  for treatment appropriate to its use and stimulate the 
 30.15  treatment; 
 30.16     (2) evaluate biophysical effects of ultrasound; 
 30.17     (3) identify when modifications to the treatment plan for 
 30.18  use of ultrasound are needed and propose the modification plan; 
 30.19     (4) safely and appropriately administer ultrasound under 
 30.20  supervision of a course instructor or clinical trainer; 
 30.21     (5) document parameters of treatment, patient response, and 
 30.22  recommendations for progression of treatment for ultrasound; and 
 30.23     (6) demonstrate the ability to work competently with 
 30.24  ultrasound as determined by a course instructor or clinical 
 30.25  trainer. 
 30.26     Subd. 6.  [OCCUPATIONAL THERAPY ASSISTANT USE OF PHYSICAL 
 30.27  AGENT MODALITIES.] An occupational therapy assistant may set up 
 30.28  and implement treatment using physical agent modalities if the 
 30.29  assistant meets the requirements of this section, has 
 30.30  demonstrated service competency for the particular modality 
 30.31  used, and works under the direct supervision of an occupational 
 30.32  therapist.  An occupational therapy assistant who uses 
 30.33  superficial physical agent modalities must meet the requirements 
 30.34  of subdivision 3.  An occupational therapy assistant who uses 
 30.35  electrotherapy must meet the requirements of subdivision 4.  An 
 30.36  occupational therapy assistant who uses ultrasound must meet the 
 31.1   requirements of subdivision 5.  An occupational therapist may 
 31.2   not delegate evaluation, reevaluation, treatment planning, and 
 31.3   treatment goals for physical agent modalities to an occupational 
 31.4   therapy assistant. 
 31.5      Subd. 7.  [APPROVAL.] (a) The advisory council shall 
 31.6   appoint a committee to review documentation under subdivisions 2 
 31.7   to 6 to determine if established educational and clinical 
 31.8   requirements are met. 
 31.9      (b) Occupational therapists shall be advised of the status 
 31.10  of their request for approval within 30 days.  Occupational 
 31.11  therapists must provide any additional information requested by 
 31.12  the committee that is necessary to make a determination 
 31.13  regarding approval or denial. 
 31.14     (c) A determination regarding a request for approval of 
 31.15  training under this subdivision shall be made in writing to the 
 31.16  occupational therapist.  If denied, the reason for denial shall 
 31.17  be provided. 
 31.18     (d) A licensee who was approved by the commissioner as a 
 31.19  level two provider prior to July 1, 1999, shall remain on the 
 31.20  roster maintained by the commissioner in accordance with 
 31.21  subdivision 1, paragraph (c). 
 31.22     (e) To remain on the roster maintained by the commissioner, 
 31.23  a licensee who was approved by the commissioner as a level one 
 31.24  provider prior to July 1, 1999, must submit to the commissioner 
 31.25  documentation of training and experience gained using physical 
 31.26  agent modalities since the licensee's approval as a level one 
 31.27  provider.  The committee appointed under paragraph (a) shall 
 31.28  review the documentation and make a recommendation to the 
 31.29  commissioner regarding approval. 
 31.30     (f) An occupational therapist who received training in the 
 31.31  use of physical agent modalities prior to July 1, 1999, but who 
 31.32  has not been placed on the roster of approved providers may 
 31.33  submit to the commissioner documentation of training and 
 31.34  experience gained using physical agent modalities.  The 
 31.35  committee appointed under paragraph (a) shall review 
 31.36  documentation and make a recommendation to the commissioner 
 32.1   regarding approval. 
 32.2      Sec. 20.  [148.6443] [CONTINUING EDUCATION REQUIREMENTS.] 
 32.3      Subdivision 1.  [GENERAL REQUIREMENTS.] An occupational 
 32.4   therapist applying for licensure renewal must have completed a 
 32.5   minimum of 24 contact hours of continuing education in the two 
 32.6   years preceding licensure renewal.  An occupational therapy 
 32.7   assistant applying for licensure renewal must have completed a 
 32.8   minimum of 18 contact hours of continuing education in the two 
 32.9   years preceding licensure renewal.  Licensees who are issued 
 32.10  licenses for a period of less than two years shall prorate the 
 32.11  number of contact hours required for licensure renewal based on 
 32.12  the number of months licensed during the biennial licensure 
 32.13  period.  Licensees shall receive contact hours for continuing 
 32.14  education activities only for the biennial licensure period in 
 32.15  which the continuing education activity was performed. 
 32.16     To qualify as a continuing education activity, the activity 
 32.17  must be a minimum of one contact hour.  Contact hours must be 
 32.18  earned and reported in increments of one contact hour or 
 32.19  one-half contact hour for each continuing education activity.  
 32.20  One-half contact hour means an instructional session of 30 
 32.21  consecutive minutes, excluding coffee breaks, registration, 
 32.22  meals without a speaker, and social activities. 
 32.23     Each licensee is responsible for financing the cost of the 
 32.24  licensee's continuing education activities. 
 32.25     Subd. 2.  [STANDARDS FOR DETERMINING QUALIFIED CONTINUING 
 32.26  EDUCATION ACTIVITIES.] Except as provided in subdivision 3, 
 32.27  paragraph (f), in order to qualify as a continuing education 
 32.28  activity, the activity must: 
 32.29     (1) constitute an organized program of learning; 
 32.30     (2) reasonably be expected to advance the knowledge and 
 32.31  skills of the occupational therapy practitioner; 
 32.32     (3) pertain to subjects that directly relate to the 
 32.33  practice of occupational therapy; 
 32.34     (4) be conducted by individuals who have education, 
 32.35  training, and experience by reason of which the individuals 
 32.36  should be considered experts on the subject matter of the 
 33.1   activity; and 
 33.2      (5) be presented by a sponsor who has a mechanism to verify 
 33.3   participation and maintains attendance records for three years. 
 33.4      Subd. 3.  [ACTIVITIES QUALIFYING FOR CONTINUING EDUCATION 
 33.5   CONTACT HOURS.] (a) The activities in this subdivision qualify 
 33.6   for continuing education contact hours if they meet all other 
 33.7   requirements of this section. 
 33.8      (b) A licensee may obtain an unlimited number of contact 
 33.9   hours in any two-year continuing education period through 
 33.10  participation in the following: 
 33.11     (1) attendance at educational programs of annual 
 33.12  conferences, lectures, panel discussions, workshops, in-service 
 33.13  training, seminars, and symposiums; 
 33.14     (2) successful completion of college or university 
 33.15  courses.  The licensee must obtain a grade of at least a "C" or 
 33.16  a pass in a pass or fail course in order to receive the 
 33.17  following continuing education credits: 
 33.18     (i) one semester credit equals 14 contact hours; 
 33.19     (ii) one trimester credit equals 12 contact hours; and 
 33.20     (iii) one quarter credit equals ten contact hours; and 
 33.21     (3) successful completion of home study courses that 
 33.22  require the participant to demonstrate the participant's 
 33.23  knowledge following completion of the course. 
 33.24     (c) A licensee may obtain a maximum of six contact hours in 
 33.25  any two-year continuing education period for teaching continuing 
 33.26  education courses that meet the requirements of this section.  A 
 33.27  licensee is entitled to earn a maximum of two contact hours as 
 33.28  preparation time for each contact hour of presentation time.  
 33.29  Contact hours may be claimed only once for teaching the same 
 33.30  course in any two-year continuing education period.  A course 
 33.31  schedule or brochure must be maintained for audit. 
 33.32     (d) A licensee may obtain a maximum of two contact hours in 
 33.33  any two-year continuing education period for continuing 
 33.34  education activities in the following areas: 
 33.35     (1) business-related topics:  marketing, time management, 
 33.36  administration, risk management, government regulations, 
 34.1   techniques for training professionals, computer skills, and 
 34.2   similar topics; 
 34.3      (2) personal skill topics:  career burnout, communication 
 34.4   skills, human relations, and similar topics; and 
 34.5      (3) training that is obtained in conjunction with a 
 34.6   licensee's employment, occurs during a licensee's normal 
 34.7   workday, and does not include subject matter specific to the 
 34.8   fundamentals of occupational therapy. 
 34.9      (e) An occupational therapy practitioner that utilizes 
 34.10  leisure activities, recreational activities, or hobbies as part 
 34.11  of occupational therapy services in the practitioner's current 
 34.12  work setting may obtain a maximum of six contact hours in any 
 34.13  two-year continuing education period for participation in 
 34.14  courses teaching these activities. 
 34.15     (f) A licensee may obtain a maximum of six contact hours in 
 34.16  any two-year continuing education period for supervision of 
 34.17  occupational therapist or occupational therapy assistant 
 34.18  students.  A licensee may earn one contact hour for every eight 
 34.19  hours of student supervision.  Licensees must maintain a log 
 34.20  indicating the name of each student supervised and the hours 
 34.21  each student was supervised.  Contact hours obtained by student 
 34.22  supervision must be obtained by supervising students from an 
 34.23  occupational therapy education program accredited by the 
 34.24  Accreditation Council for Occupational Therapy Education. 
 34.25     Subd. 4.  [ACTIVITIES NOT QUALIFYING FOR CONTINUING 
 34.26  EDUCATION CONTACT HOURS.] No credit shall be granted for the 
 34.27  following activities:  hospital rounds, entertainment or 
 34.28  recreational activities, employment orientation sessions, 
 34.29  holding an office or serving as an organizational delegate, 
 34.30  meetings for the purpose of making policy, noneducational 
 34.31  association meetings, training related to payment systems, 
 34.32  including covered services, coding, and billing. 
 34.33     Subd. 5.  [REPORTING CONTINUING EDUCATION CONTACT HOURS.] 
 34.34  At the time of licensure renewal, each licensee shall submit 
 34.35  verification that the licensee has met the continuing education 
 34.36  requirements of this section on the continuing education report 
 35.1   form provided by the commissioner.  The continuing education 
 35.2   report form may require the following information: 
 35.3      (1) title of continuing education activity; 
 35.4      (2) brief description of the continuing education activity; 
 35.5      (3) sponsor, presenter, or author; 
 35.6      (4) location and attendance dates; 
 35.7      (5) number of contact hours; and 
 35.8      (6) licensee's notarized affirmation that the information 
 35.9   is true and correct. 
 35.10     Subd. 6.  [AUDITING CONTINUING EDUCATION REPORTS.] (a) The 
 35.11  commissioner may audit a percentage of the continuing education 
 35.12  reports based on random selection.  A licensee shall maintain 
 35.13  all documentation required by this section for two years after 
 35.14  the last day of the biennial licensure period in which the 
 35.15  contact hours were earned. 
 35.16     (b) All renewal applications that are received after the 
 35.17  expiration date may be subject to a continuing education report 
 35.18  audit. 
 35.19     (c) Any licensee against whom a complaint is filed may be 
 35.20  subject to a continuing education report audit. 
 35.21     (d) The licensee shall make the following information 
 35.22  available to the commissioner for auditing purposes: 
 35.23     (1) a copy of the completed continuing education report 
 35.24  form for the continuing education reporting period that is the 
 35.25  subject of the audit including all supporting documentation 
 35.26  required by subdivision 5; 
 35.27     (2) a description of the continuing education activity 
 35.28  prepared by the presenter or sponsor that includes the course 
 35.29  title or subject matter, date, place, number of program contact 
 35.30  hours, presenters, and sponsors; 
 35.31     (3) documentation of self-study programs by materials 
 35.32  prepared by the presenter or sponsor that includes the course 
 35.33  title, course description, name of sponsor or author, and the 
 35.34  number of hours required to complete the program; 
 35.35     (4) documentation of university, college, or vocational 
 35.36  school courses by a course syllabus, listing in a course 
 36.1   bulletin, or equivalent documentation that includes the course 
 36.2   title, instructor's name, course dates, number of contact hours, 
 36.3   and course content, objectives, or goals; and 
 36.4      (5) verification of attendance by: 
 36.5      (i) a signature of the presenter or a designee at the 
 36.6   continuing education activity on the continuing education report 
 36.7   form or a certificate of attendance with the course name, course 
 36.8   date, and licensee's name; 
 36.9      (ii) a summary or outline of the educational content of an 
 36.10  audio or video educational activity to verify the licensee's 
 36.11  participation in the activity if a designee is not available to 
 36.12  sign the continuing education report form; 
 36.13     (iii) verification of self-study programs by a certificate 
 36.14  of completion or other documentation indicating that the 
 36.15  individual has demonstrated knowledge and has successfully 
 36.16  completed the program; or 
 36.17     (iv) verification of attendance at a university, college, 
 36.18  or vocational course by an official transcript. 
 36.19     Subd. 7.  [WAIVER OF CONTINUING EDUCATION REQUIREMENTS.] 
 36.20  The commissioner may grant a waiver of the requirements of this 
 36.21  section in cases where the requirements would impose an extreme 
 36.22  hardship on the licensee.  The request for a waiver must be in 
 36.23  writing, state the circumstances that constitute extreme 
 36.24  hardship, state the period of time the licensee wishes to have 
 36.25  the continuing education requirement waived, and state the 
 36.26  alternative measures that will be taken if a waiver is granted.  
 36.27  The commissioner shall set forth, in writing, the reasons for 
 36.28  granting or denying the waiver.  Waivers granted by the 
 36.29  commissioner shall specify, in writing, the time limitation and 
 36.30  required alternative measures to be taken by the licensee.  A 
 36.31  request for waiver shall be denied if the commissioner finds 
 36.32  that the circumstances stated by the licensee do not support a 
 36.33  claim of extreme hardship, the requested time period for waiver 
 36.34  is unreasonable, the alternative measures proposed by the 
 36.35  licensee are not equivalent to the continuing education activity 
 36.36  being waived, or the request for waiver is not submitted to the 
 37.1   commissioner within 60 days after the expiration date. 
 37.2      Subd. 8.  [PENALTIES FOR NONCOMPLIANCE.] The commissioner 
 37.3   shall refuse to renew or grant, or shall suspend, condition, 
 37.4   limit, or qualify the license of any person who the commissioner 
 37.5   determines has failed to comply with the continuing education 
 37.6   requirements of this section.  A licensee may request 
 37.7   reconsideration of the commissioner's determination of 
 37.8   noncompliance or the penalty imposed under this section by 
 37.9   making a written request to the commissioner within 30 days of 
 37.10  the date of notification to the applicant.  Individuals 
 37.11  requesting reconsideration may submit information that the 
 37.12  licensee wants considered in the reconsideration. 
 37.13     Sec. 21.  [148.6445] [FEES; SURCHARGE.] 
 37.14     Subdivision 1.  [INITIAL LICENSURE FEE.] The initial 
 37.15  licensure fee for occupational therapists is $180.  The initial 
 37.16  licensure fee for occupational therapy assistants is $100.  The 
 37.17  commissioner shall prorate fees based on the number of quarters 
 37.18  remaining in the biennial licensure period. 
 37.19     Subd. 2.  [LICENSURE RENEWAL FEE.] The biennial licensure 
 37.20  renewal fee for occupational therapists is $180.  The biennial 
 37.21  licensure renewal fee for occupational therapy assistants is 
 37.22  $100. 
 37.23     Subd. 3.  [LATE FEE.] The fee for late submission of a 
 37.24  renewal application is $25. 
 37.25     Subd. 4.  [TEMPORARY LICENSURE FEE.] The fee for temporary 
 37.26  licensure is $50. 
 37.27     Subd. 5.  [LIMITED LICENSURE FEE.] The fee for limited 
 37.28  licensure is $96. 
 37.29     Subd. 6.  [FEE FOR COURSE APPROVAL AFTER LAPSE OF 
 37.30  LICENSURE.] The fee for course approval after lapse of licensure 
 37.31  is $96. 
 37.32     Subd. 7.  [CERTIFICATION TO OTHER STATES.] The fee for 
 37.33  certification of licensure to other states is $25. 
 37.34     Subd. 8.  [VERIFICATION TO INSTITUTIONS.] The fee for 
 37.35  verification of licensure to institutions is $10. 
 37.36     Subd. 9.  [SURCHARGE.] Until June 17, 2001, all licensees 
 38.1   must pay a surcharge fee in addition to other applicable fees.  
 38.2   Occupational therapists must pay a biennial surcharge fee of $62 
 38.3   upon application for licensure and licensure renewal.  
 38.4   Occupational therapy assistants must pay a biennial surcharge 
 38.5   fee of $36 upon application for licensure and licensure renewal. 
 38.6      Subd. 10.  [NONREFUNDABLE FEES.] All fees are nonrefundable.
 38.7      Sec. 22.  [148.6448] [GROUNDS FOR DENIAL OF LICENSURE OR 
 38.8   DISCIPLINE; INVESTIGATION PROCEDURES; DISCIPLINARY ACTIONS.] 
 38.9      Subdivision 1.  [GROUNDS FOR DENIAL OF LICENSURE OR 
 38.10  DISCIPLINE.] The commissioner may deny an application for 
 38.11  licensure, may approve licensure with conditions, or may 
 38.12  discipline a licensee using any disciplinary actions listed in 
 38.13  subdivision 3 on proof that the individual has: 
 38.14     (1) intentionally submitted false or misleading information 
 38.15  to the commissioner or the advisory council; 
 38.16     (2) failed, within 30 days, to provide information in 
 38.17  response to a written request by the commissioner or advisory 
 38.18  council; 
 38.19     (3) performed services of an occupational therapist or 
 38.20  occupational therapy assistant in an incompetent manner or in a 
 38.21  manner that falls below the community standard of care; 
 38.22     (4) failed to satisfactorily perform occupational therapy 
 38.23  services during a period of provisional licensure; 
 38.24     (5) violated sections 148.6401 to 148.6450; 
 38.25     (6) failed to perform services with reasonable judgment, 
 38.26  skill, or safety due to the use of alcohol or drugs, or other 
 38.27  physical or mental impairment; 
 38.28     (7) been convicted of violating any state or federal law, 
 38.29  rule, or regulation which directly relates to the practice of 
 38.30  occupational therapy; 
 38.31     (8) aided or abetted another person in violating any 
 38.32  provision of sections 148.6401 to 148.6450; 
 38.33     (9) been disciplined for conduct in the practice of an 
 38.34  occupation by the state of Minnesota, another jurisdiction, or a 
 38.35  national professional association, if any of the grounds for 
 38.36  discipline are the same or substantially equivalent to those in 
 39.1   sections 148.6401 to 148.6450; 
 39.2      (10) not cooperated with the commissioner or advisory 
 39.3   council in an investigation conducted according to subdivision 
 39.4   2; 
 39.5      (11) advertised in a manner that is false or misleading; 
 39.6      (12) engaged in dishonest, unethical, or unprofessional 
 39.7   conduct in connection with the practice of occupational therapy 
 39.8   that is likely to deceive, defraud, or harm the public; 
 39.9      (13) demonstrated a willful or careless disregard for the 
 39.10  health, welfare, or safety of a client; 
 39.11     (14) performed medical diagnosis or provided treatment, 
 39.12  other than occupational therapy, without being licensed to do so 
 39.13  under the laws of this state; 
 39.14     (15) paid or promised to pay a commission or part of a fee 
 39.15  to any person who contacts the occupational therapist for 
 39.16  consultation or sends patients to the occupational therapist for 
 39.17  treatment; 
 39.18     (16) engaged in an incentive payment arrangement, other 
 39.19  than that prohibited by clause (15), that promotes occupational 
 39.20  therapy overutilization, whereby the referring person or person 
 39.21  who controls the availability of occupational therapy services 
 39.22  to a client profits unreasonably as a result of client 
 39.23  treatment; 
 39.24     (17) engaged in abusive or fraudulent billing practices, 
 39.25  including violations of federal Medicare and Medicaid laws, Food 
 39.26  and Drug Administration regulations, or state medical assistance 
 39.27  laws; 
 39.28     (18) obtained money, property, or services from a consumer 
 39.29  through the use of undue influence, high pressure sales tactics, 
 39.30  harassment, duress, deception, or fraud; 
 39.31     (19) performed services for a client who had no possibility 
 39.32  of benefiting from the services; 
 39.33     (20) failed to refer a client for medical evaluation when 
 39.34  appropriate or when a client indicated symptoms associated with 
 39.35  diseases that could be medically or surgically treated; 
 39.36     (21) engaged in conduct with a client that is sexual or may 
 40.1   reasonably be interpreted by the client as sexual, or in any 
 40.2   verbal behavior that is seductive or sexually demeaning to a 
 40.3   patient; 
 40.4      (22) violated a federal or state court order, including a 
 40.5   conciliation court judgment, or a disciplinary order issued by 
 40.6   the commissioner, related to the person's occupational therapy 
 40.7   practice; or 
 40.8      (23) any other just cause related to the practice of 
 40.9   occupational therapy. 
 40.10     Subd. 2.  [INVESTIGATION OF COMPLAINTS.] The commissioner, 
 40.11  or the advisory council when authorized by the commissioner, may 
 40.12  initiate an investigation upon receiving a complaint or other 
 40.13  oral or written communication that alleges or implies that a 
 40.14  person has violated sections 148.6401 to 148.6450.  In the 
 40.15  receipt, investigation, and hearing of a complaint that alleges 
 40.16  or implies a person has violated sections 148.6401 to 148.6450, 
 40.17  the commissioner shall follow the procedures in section 214.10. 
 40.18     Subd. 3.  [DISCIPLINARY ACTIONS.] If the commissioner finds 
 40.19  that an occupational therapist or occupational therapy assistant 
 40.20  should be disciplined according to subdivision 1, the 
 40.21  commissioner may take any one or more of the following actions: 
 40.22     (1) refuse to grant or renew licensure; 
 40.23     (2) approve licensure with conditions; 
 40.24     (3) revoke licensure; 
 40.25     (4) suspend licensure; 
 40.26     (5) any reasonable lesser action including, but not limited 
 40.27  to, reprimand or restriction on licensure; or 
 40.28     (6) any action authorized by statute. 
 40.29     Subd. 4.  [EFFECT OF SPECIFIC DISCIPLINARY ACTION ON USE OF 
 40.30  TITLE.] Upon notice from the commissioner denying licensure 
 40.31  renewal or upon notice that disciplinary actions have been 
 40.32  imposed and the person is no longer entitled to practice 
 40.33  occupational therapy and use the occupational therapy and 
 40.34  licensed titles, the person shall cease to practice occupational 
 40.35  therapy, to use titles protected by sections 148.6401 to 
 40.36  148.6450, and to represent to the public that the person is 
 41.1   licensed by the commissioner. 
 41.2      Subd. 5.  [REINSTATEMENT REQUIREMENTS AFTER DISCIPLINARY 
 41.3   ACTION.] A person who has had licensure suspended may request 
 41.4   and provide justification for reinstatement following the period 
 41.5   of suspension specified by the commissioner.  The requirements 
 41.6   of sections 148.6423 and 148.6425 for renewing licensure and any 
 41.7   other conditions imposed with the suspension must be met before 
 41.8   licensure may be reinstated. 
 41.9      Sec. 23.  [148.6450] [OCCUPATIONAL THERAPY PRACTITIONERS 
 41.10  ADVISORY COUNCIL.] 
 41.11     Subdivision 1.  [MEMBERSHIP.] The commissioner shall 
 41.12  appoint seven persons to an occupational therapy practitioners 
 41.13  advisory council consisting of the following: 
 41.14     (1) two public members, as defined in section 214.02.  The 
 41.15  public members shall be either persons who have received 
 41.16  occupational therapy services or family members of or caregivers 
 41.17  to such persons; 
 41.18     (2) two members who are occupational therapists and two 
 41.19  occupational therapy assistants licensed under sections 148.6401 
 41.20  to 148.6450, each of whom is employed in a different practice 
 41.21  area including, but not limited to, long-term care, school 
 41.22  therapy, early intervention, administration, gerontology, 
 41.23  industrial rehabilitation, cardiac rehabilitation, physical 
 41.24  disability, pediatrics, mental health, home health, and hand 
 41.25  therapy.  Three of the four occupational therapy practitioners 
 41.26  who serve on the advisory council must be currently, and for the 
 41.27  three years preceding the appointment, engaged in the practice 
 41.28  of occupational therapy or employed as an administrator or an 
 41.29  instructor of an occupational therapy program.  At least one of 
 41.30  the four occupational therapy practitioners who serves on the 
 41.31  advisory council must be employed in a rural area; and 
 41.32     (3) one member who is a licensed or registered health care 
 41.33  practitioner, or other credentialed practitioner, who works 
 41.34  collaboratively with occupational therapy practitioners. 
 41.35     Subd. 2.  [DUTIES.] At the commissioner's request, the 
 41.36  advisory council shall: 
 42.1      (1) advise the commissioner regarding the occupational 
 42.2   therapy practitioner licensure standards; 
 42.3      (2) advise the commissioner on enforcement of sections 
 42.4   148.6401 to 148.6450; 
 42.5      (3) provide for distribution of information regarding 
 42.6   occupational therapy practitioners licensure standards; 
 42.7      (4) review applications and make recommendations to the 
 42.8   commissioner on granting or denying licensure or licensure 
 42.9   renewal; 
 42.10     (5) review reports of investigations relating to 
 42.11  individuals and make recommendations to the commissioner as to 
 42.12  whether licensure should be denied or disciplinary action taken 
 42.13  against the person; and 
 42.14     (6) perform other duties authorized for advisory councils 
 42.15  by chapter 214, as directed by the commissioner. 
 42.16     Sec. 24.  [REPEALER.] 
 42.17     Minnesota Rules, parts 4666.0010; 4666.0020; 4666.0030; 
 42.18  4666.0040; 4666.0050; 4666.0060; 4666.0070; 4666.0080; 
 42.19  4666.0090; 4666.0100; 4666.0200; 4666.0300; 4666.0400; 
 42.20  4666.0500; 4666.0600; 4666.0700; 4666.0800; 4666.0900; 
 42.21  4666.1000; 4666.1100; 4666.1200; 4666.1300; and 4666.1400, are 
 42.22  repealed. 
 42.23     Sec. 25.  [EFFECTIVE DATE.] 
 42.24     Sections 1 to 24 are effective July 1, 2000.