1.1                          A bill for an act 
  1.2             relating to health; establishing a state board of 
  1.3             physical therapy; requiring rulemaking; providing 
  1.4             licensing requirements for physical therapists; 
  1.5             amending Minnesota Statutes 1998, sections 144A.46, 
  1.6             subdivision 2; 148.66; 148.67; 148.70; 148.705; 
  1.7             148.71; 148.72, subdivisions 1, 2, and 4; 148.73; 
  1.8             148.74; 148.75; 148.76; 148.78; and 214.01, 
  1.9             subdivision 2; proposing coding for new law in 
  1.10            Minnesota Statutes, chapter 148. 
  1.11  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.12     Section 1.  Minnesota Statutes 1998, section 144A.46, 
  1.13  subdivision 2, is amended to read: 
  1.14     Subd. 2.  [EXEMPTIONS.] The following individuals or 
  1.15  organizations are exempt from the requirement to obtain a home 
  1.16  care provider license: 
  1.17     (1) a person who is licensed as a registered nurse under 
  1.18  sections 148.171 to 148.285 and who independently provides 
  1.19  nursing services in the home without any contractual or 
  1.20  employment relationship to a home care provider or other 
  1.21  organization; 
  1.22     (2) a personal care assistant who provides services to only 
  1.23  one individual under the medical assistance program as 
  1.24  authorized under sections 256B.0625, subdivision 19, and 
  1.25  256B.04, subdivision 16; 
  1.26     (3) a person or organization that exclusively offers, 
  1.27  provides, or arranges for personal care assistant services to 
  1.28  only one individual under the medical assistance program as 
  2.1   authorized under sections 256B.0625, subdivision 19, and 
  2.2   256B.04, subdivision 16; 
  2.3      (4) a person who is registered licensed under sections 
  2.4   148.65 to 148.78 and who independently provides physical therapy 
  2.5   services in the home without any contractual or employment 
  2.6   relationship to a home care provider or other organization; 
  2.7      (5) a provider that is licensed by the commissioner of 
  2.8   human services to provide semi-independent living services under 
  2.9   Minnesota Rules, parts 9525.0500 to 9525.0660 when providing 
  2.10  home care services to a person with a developmental disability; 
  2.11     (6) a provider that is licensed by the commissioner of 
  2.12  human services to provide home and community-based services 
  2.13  under Minnesota Rules, parts 9525.2000 to 9525.2140 when 
  2.14  providing home care services to a person with a developmental 
  2.15  disability; 
  2.16     (7) a person or organization that provides only home 
  2.17  management services, if the person or organization is registered 
  2.18  under section 144A.461; or 
  2.19     (8) a person who is licensed as a social worker under 
  2.20  sections 148B.18 to 148B.289 and who provides social work 
  2.21  services in the home independently and not through any 
  2.22  contractual or employment relationship with a home care provider 
  2.23  or other organization. 
  2.24     An exemption under this subdivision does not excuse the 
  2.25  individual from complying with applicable provisions of the home 
  2.26  care bill of rights. 
  2.27     Sec. 2.  Minnesota Statutes 1998, section 148.66, is 
  2.28  amended to read: 
  2.29     148.66 [STATE BOARD OF MEDICAL PRACTICE PHYSICAL THERAPY, 
  2.30  DUTIES.] 
  2.31     The state board of medical practice, as now or hereafter 
  2.32  constituted, hereinafter termed "the board," in the manner 
  2.33  hereinafter provided, physical therapy established under section 
  2.34  148.67 shall administer the provisions of this law sections 
  2.35  148.65 to 148.78.  As used in sections 148.65 to 148.78, "board" 
  2.36  means the state board of physical therapy.  
  3.1      The board shall: 
  3.2      (1) adopt rules necessary to administer and enforce 
  3.3   sections 148.65 to 148.78; 
  3.4      (2) administer, coordinate, and enforce sections 148.65 to 
  3.5   148.78; 
  3.6      (3) evaluate the qualifications of applicants; 
  3.7      (4) issue subpoenas, examine witnesses, and administer 
  3.8   oaths; 
  3.9      (5) conduct hearings and keep records and minutes necessary 
  3.10  to the orderly administration of sections 148.65 to 148.78; 
  3.11     (6) investigate persons engaging in practices that violate 
  3.12  sections 148.65 to 148.78; and 
  3.13     (7) adopt rules under chapter 14 prescribing a code of 
  3.14  ethics for licensees. 
  3.15     Sec. 3.  Minnesota Statutes 1998, section 148.67, is 
  3.16  amended to read: 
  3.17     148.67 [STATE BOARD OF PHYSICAL THERAPY COUNCIL; MEMBERSHIP 
  3.18  APPOINTMENTS, VACANCIES, REMOVALS.] 
  3.19     Subdivision 1.  [BOARD OF PHYSICAL THERAPY APPOINTED.] The 
  3.20  board of medical practice shall governor shall appoint a state 
  3.21  board of physical therapy council in carrying out the provisions 
  3.22  of this law to administer sections 148.65 to 148.78, regarding 
  3.23  the qualifications and examination of physical therapists.  
  3.24  The council board shall consist of seven nine members, citizens 
  3.25  and residents of the state of Minnesota, composed of three four 
  3.26  physical therapists, two one licensed and registered doctors 
  3.27  doctor of medicine and surgery, one being a professor or 
  3.28  associate or assistant professor from a program in physical 
  3.29  therapy approved by the board of medical practice, one aide or 
  3.30  assistant to a physical therapist and one public member.  The 
  3.31  council shall expire, and the terms, compensation and removal of 
  3.32  members shall be as provided in section 15.059., one physical 
  3.33  therapy assistant and three public members.  The four physical 
  3.34  therapist members must be licensed physical therapists in this 
  3.35  state.  Each of the four physical therapist members must have at 
  3.36  least five years experience in physical therapy practice, 
  4.1   physical therapy administration, or physical therapy education.  
  4.2   The five years experience must immediately precede appointment.  
  4.3   Membership terms, compensation of members, removal of members, 
  4.4   filling of membership vacancies, and fiscal year and reporting 
  4.5   requirements shall be as provided in sections 214.07 to 214.09.  
  4.6   The provision of staff, administrative services, and office 
  4.7   space; the review and processing of complaints; the setting of 
  4.8   board fees; and other provisions relating to board operations 
  4.9   shall be as provided in chapter 214.  Each member of the board 
  4.10  shall file with the secretary of state the constitutional oath 
  4.11  of office before beginning the term of office.  
  4.12     Subd. 2.  [RECOMMENDATIONS FOR APPOINTMENT.] Prior to the 
  4.13  end of the term of a member of the board, or within 60 days 
  4.14  after a position on the board becomes vacant, the Minnesota 
  4.15  Chapter of the American Physical Therapy Association and other 
  4.16  interested persons and organizations may recommend to the 
  4.17  governor members qualified to serve on the board.  The governor 
  4.18  may appoint members to the board from the list of persons 
  4.19  recommended or from among other qualified candidates. 
  4.20     Sec. 4.  [148.691] [OFFICERS; EXECUTIVE DIRECTOR.] 
  4.21     Subdivision 1.  [OFFICERS OF THE BOARD.] The board shall 
  4.22  elect from its members a president, a vice-president, and a 
  4.23  secretary-treasurer.  Each shall serve for one year or until a 
  4.24  successor is elected and qualifies.  The board shall appoint and 
  4.25  employ an executive secretary.  A majority of the board, 
  4.26  including one officer, constitutes a quorum at a meeting.  
  4.27     Subd. 2.  [BOARD AUTHORITY TO HIRE.] The board may employ 
  4.28  persons needed to carry out its work.  
  4.29     Subd. 3.  [DISCLOSURE.] Subject to the exceptions listed in 
  4.30  this subdivision, all communications or information received by 
  4.31  or disclosed to the board relating to any person or matter 
  4.32  subject to its regulatory jurisdiction are confidential and 
  4.33  privileged and any disciplinary hearing shall be closed to the 
  4.34  public.  
  4.35     (a) Upon application of a party in a proceeding before the 
  4.36  board, the board shall produce and permit the inspection and 
  5.1   copying, by or on behalf of the moving party, of any designated 
  5.2   documents or papers relevant to the proceedings, in accordance 
  5.3   with the provisions of rule 34, Minnesota Rules of Civil 
  5.4   Procedure.  
  5.5      (b) If the board imposes disciplinary measures of any kind, 
  5.6   whether by contested case or by settlement agreement, the name 
  5.7   and business address of the licensee, the nature of the 
  5.8   misconduct, and the action taken by the board are public data.  
  5.9   If disciplinary action is taken by settlement agreement, the 
  5.10  entire agreement is public data.  The board shall decide 
  5.11  disciplinary matters, whether by settlement or by contested 
  5.12  case, by roll call vote.  The votes are public data.  
  5.13     (c) The board shall exchange information with other 
  5.14  licensing boards, agencies, or departments within the state, as 
  5.15  required under section 214.10, subdivision 8, paragraph (d), and 
  5.16  may release information in the reports required under section 
  5.17  214.10, subdivision 8, paragraph (b). 
  5.18     (d) The board shall upon request furnish to a person who 
  5.19  made a complaint, a description of the activities and actions of 
  5.20  the board relating to that complaint, a summary of the results 
  5.21  of an investigation of that complaint, and the reasons for 
  5.22  actions taken by the board. 
  5.23     Sec. 5.  Minnesota Statutes 1998, section 148.70, is 
  5.24  amended to read: 
  5.25     148.70 [APPLICANTS, QUALIFICATIONS.] 
  5.26     It shall be the duty of The board of medical practice with 
  5.27  the advice and assistance of the physical therapy council to 
  5.28  pass upon physical therapy must: 
  5.29     (1) establish the qualifications of applicants for 
  5.30  registration, licensing and continuing education requirements 
  5.31  for reregistration, relicensing; 
  5.32     (2) provide for and conduct all examinations following 
  5.33  satisfactory completion of all didactic requirements,; 
  5.34     (3) determine the applicants who successfully pass the 
  5.35  examination,; and 
  5.36     (4) duly register such applicants license an applicant 
  6.1   after the applicant has presented evidence satisfactory to the 
  6.2   board that the applicant has completed a an accredited physical 
  6.3   therapy educational program of education or continuing education 
  6.4   approved by the board. 
  6.5      The passing score for examinations taken after July 1, 
  6.6   1995, shall be based on objective, numerical standards, as 
  6.7   established by a nationally recognized board approved testing 
  6.8   service. 
  6.9      Sec. 6.  Minnesota Statutes 1998, section 148.705, is 
  6.10  amended to read: 
  6.11     148.705 [APPLICATION.] 
  6.12     An applicant for registration licensing as a physical 
  6.13  therapist shall file a written application on forms provided by 
  6.14  the board together with a fee in the amount set by the board, no 
  6.15  portion of which shall be returned.  No portion of the fee is 
  6.16  refundable.  
  6.17     An approved program for physical therapists shall include 
  6.18  the following:  
  6.19     (a) (1) a minimum of 60 academic semester credits or its 
  6.20  equivalent from an accredited college, including courses in the 
  6.21  biological and physical sciences; and 
  6.22     (b) (2) an accredited course in physical therapy education 
  6.23  which has provided adequate instruction in the basic sciences, 
  6.24  clinical sciences, and physical therapy theory and procedures, 
  6.25  as determined by the board.  In determining whether or not a 
  6.26  course in physical therapy is approved, the board may take into 
  6.27  consideration the accreditation of such schools by the 
  6.28  appropriate council of the American Medical Association, the 
  6.29  American Physical Therapy Association, or the Canadian Medical 
  6.30  Association.  
  6.31     Sec. 7.  Minnesota Statutes 1998, section 148.71, is 
  6.32  amended to read: 
  6.33     148.71 [REGISTRATION LICENSING.] 
  6.34     Subdivision 1.  [QUALIFIED APPLICANT.] The state board 
  6.35  of medical practice physical therapy shall register license as a 
  6.36  physical therapist and shall furnish a certificate of 
  7.1   registration license to each an applicant who successfully 
  7.2   passes an examination provided for in sections 148.65 to 148.78 
  7.3   for registration licensing as a physical therapist and who is 
  7.4   otherwise qualified as required herein in sections 148.65 to 
  7.5   148.78. 
  7.6      Subd. 2.  [TEMPORARY PERMIT.] (a) The board may, upon 
  7.7   payment of a fee set by the board, issue a temporary permit to 
  7.8   practice physical therapy under supervision to a physical 
  7.9   therapist who is a graduate of an approved school of physical 
  7.10  therapy and qualified for admission to examination for 
  7.11  registration licensing as a physical therapist.  A temporary 
  7.12  permit to practice physical therapy under supervision may be 
  7.13  issued only once and cannot be renewed.  It expires 90 days 
  7.14  after the next examination for registration licensing given by 
  7.15  the board or on the date on which the board, after examination 
  7.16  of the applicant, grants or denies the applicant a registration 
  7.17  license to practice, whichever occurs first.  A temporary permit 
  7.18  expires on the first day the board begins its next examination 
  7.19  for registration license after the permit is issued if the 
  7.20  holder does not submit to examination on that date.  The holder 
  7.21  of a temporary permit to practice physical therapy under 
  7.22  supervision may practice physical therapy as defined in section 
  7.23  148.65 if the entire practice is under the supervision of a 
  7.24  person holding a valid registration license to practice physical 
  7.25  therapy in this state.  The supervision shall be direct, 
  7.26  immediate, and on premises. 
  7.27     (b) A physical therapist from another state who is licensed 
  7.28  or otherwise registered in good standing as a physical therapist 
  7.29  by that state and meets the requirements for registration 
  7.30  licensing under section 148.72 does not require supervision to 
  7.31  practice physical therapy while holding a temporary permit in 
  7.32  this state.  The temporary permit remains valid only until the 
  7.33  meeting of the board at which the application for registration 
  7.34  licensing is considered. 
  7.35     Subd. 3.  [FOREIGN-TRAINED PHYSICAL THERAPISTS; TEMPORARY 
  7.36  PERMITS.] (a) The board of medical practice may issue a 
  8.1   temporary permit to a foreign-trained physical therapist who: 
  8.2      (1) is enrolled in a supervised physical therapy 
  8.3   traineeship that meets the requirements under paragraph (b); 
  8.4      (2) has completed a physical therapy education program 
  8.5   equivalent to that under section 148.705 and Minnesota Rules, 
  8.6   part 5601.0800, subpart 2; 
  8.7      (3) has achieved a score of at least 550 on the test of 
  8.8   English as a foreign language or a score of at least 85 on the 
  8.9   Minnesota battery test; and 
  8.10     (4) has paid a nonrefundable fee set by the board. 
  8.11     A foreign-trained physical therapist must have the 
  8.12  temporary permit before beginning a traineeship. 
  8.13     (b) A supervised physical therapy traineeship must: 
  8.14     (1) be at least six months; 
  8.15     (2) be at a board-approved facility; 
  8.16     (3) provide a broad base of clinical experience to the 
  8.17  foreign-trained physical therapist including a variety of 
  8.18  physical agents, therapeutic exercises, evaluation procedures, 
  8.19  and patient diagnoses; 
  8.20     (4) be supervised by a physical therapist who has at least 
  8.21  three years of clinical experience and is registered licensed 
  8.22  under subdivision 1; and 
  8.23     (5) be approved by the board before the foreign-trained 
  8.24  physical therapist begins the traineeship. 
  8.25     (c) A temporary permit is effective on the first day of a 
  8.26  traineeship and expires 90 days after the next examination for 
  8.27  registration licensing given by the board following successful 
  8.28  completion of the traineeship or on the date on which the board, 
  8.29  after examination of the applicant, grants or denies the 
  8.30  applicant a registration license to practice, whichever occurs 
  8.31  first. 
  8.32     (d) A foreign-trained physical therapist must successfully 
  8.33  complete a traineeship to be registered licensed as a physical 
  8.34  therapist under subdivision 1.  The traineeship may be waived 
  8.35  for a foreign-trained physical therapist who is licensed or 
  8.36  otherwise registered in good standing in another state and has 
  9.1   successfully practiced physical therapy in that state under the 
  9.2   supervision of a licensed or registered physical therapist for 
  9.3   at least six months at a facility that meets the requirements 
  9.4   under paragraph (b), clauses (2) and (3). 
  9.5      (e) A temporary permit will not be issued to a 
  9.6   foreign-trained applicant who has been issued a temporary permit 
  9.7   for longer than six months in any other state. 
  9.8      Sec. 8.  Minnesota Statutes 1998, section 148.72, 
  9.9   subdivision 1, is amended to read: 
  9.10     Subdivision 1.  [ISSUANCE OF REGISTRATION LICENSE WITHOUT 
  9.11  EXAMINATION.] On payment to the board of a fee in the amount set 
  9.12  by the board and on submission of a written application on forms 
  9.13  provided by the board, the board shall issue registration a 
  9.14  license without examination to a person who is licensed or 
  9.15  otherwise registered as a physical therapist by another state of 
  9.16  the United States of America, its possessions, or the District 
  9.17  of Columbia, if the board determines that the requirements for 
  9.18  licensure licensing or registration in the state, possession, or 
  9.19  District are equal to, or greater than, the requirements set 
  9.20  forth in sections 148.65 to 148.78. 
  9.21     Sec. 9.  Minnesota Statutes 1998, section 148.72, 
  9.22  subdivision 2, is amended to read: 
  9.23     Subd. 2.  [CERTIFICATE OF REGISTRATION LICENSE.] The board 
  9.24  may issue a certificate of registration to a physical therapist 
  9.25  license without examination to an applicant who presents 
  9.26  evidence satisfactory to the board of having passed an 
  9.27  examination recognized by the board, if the board determines the 
  9.28  standards of the other state or foreign country are determined 
  9.29  by the board to be as high as equal to those of this state.  At 
  9.30  the time of making an Upon application, the applicant shall pay 
  9.31  to the board a fee in the amount set by the board,.  No portion 
  9.32  of which shall be returned the fee is refundable.  
  9.33     Sec. 10.  Minnesota Statutes 1998, section 148.72, 
  9.34  subdivision 4, is amended to read: 
  9.35     Subd. 4.  [ISSUANCE OF REGISTRATION LICENSE AFTER 
  9.36  EXAMINATION.] The board shall issue a certificate of 
 10.1   registration license to each an applicant who passes the 
 10.2   examination in accordance with according to standards 
 10.3   established by the board and who is not disqualified to 
 10.4   receive registration a license under the provisions of section 
 10.5   148.75.  
 10.6      Sec. 11.  Minnesota Statutes 1998, section 148.73, is 
 10.7   amended to read: 
 10.8      148.73 [RENEWALS.] 
 10.9      Every registered licensed physical therapist shall, during 
 10.10  each January, apply to the board for an extension 
 10.11  of registration a license and pay a fee in the amount set by the 
 10.12  board.  The extension of registration the license is contingent 
 10.13  upon demonstration that the continuing education requirements 
 10.14  set by the board under section 148.70 have been satisfied. 
 10.15     Sec. 12.  Minnesota Statutes 1998, section 148.74, is 
 10.16  amended to read: 
 10.17     148.74 [RULES.] 
 10.18     The board is authorized to may adopt rules as may be 
 10.19  necessary needed to carry out the purposes of sections 148.65 to 
 10.20  148.78.  The secretary secretary-treasurer of the board shall 
 10.21  keep a record of proceedings under these sections and a register 
 10.22  of all persons registered licensed under it.  The register shall 
 10.23  show the name, address, date and number of registration the 
 10.24  license, and the renewal thereof of the license.  Any other 
 10.25  interested person in the state may obtain a copy of such the 
 10.26  list on request to the board upon payment of paying an amount as 
 10.27  may be fixed by the board, which.  The amount shall not exceed 
 10.28  the cost of the list so furnished.  The board shall provide 
 10.29  blanks, books, certificates, and stationery and assistance as is 
 10.30  necessary for the transaction of the to transact business of the 
 10.31  board and the physical therapy council hereunder, and.  All 
 10.32  money received by the board under sections 148.65 to 148.78 
 10.33  shall be paid into the state treasury as provided for by law.  
 10.34  The board shall set by rule the amounts of the application fee 
 10.35  and the annual registration licensing fee.  The fees collected 
 10.36  by the board must be sufficient to cover the costs of 
 11.1   administering sections 148.65 to 148.78. 
 11.2      Sec. 13.  [148.745] [MALPRACTICE HISTORY.] 
 11.3      Subdivision 1.  [SUBMISSION.] A person desiring to practice 
 11.4   physical therapy in this state who has previously practiced in 
 11.5   another state shall submit the following additional information 
 11.6   with the license application for the five-year period of active 
 11.7   practice preceding the date of filing such application: 
 11.8      (a) The name and address of the person's professional 
 11.9   liability insurer in the other state. 
 11.10     (b) The number, date, and disposition of any malpractice 
 11.11  settlement or award made to the plaintiff relating to the 
 11.12  quality of services provided. 
 11.13     Subd. 2.  [BOARD ACTION.] The board shall give due 
 11.14  consideration to the information submitted pursuant to section 
 11.15  148.72 and this section.  An applicant who willfully submits 
 11.16  incorrect information shall be subject to disciplinary action 
 11.17  pursuant to section 148.75. 
 11.18     Sec. 14.  Minnesota Statutes 1998, section 148.75, is 
 11.19  amended to read: 
 11.20     148.75 [CERTIFICATES LICENSES; DENIAL, SUSPENSION, 
 11.21  REVOCATION.] 
 11.22     (a) The state board of medical practice physical therapy 
 11.23  may refuse to grant registration a license to any physical 
 11.24  therapist, or may suspend or revoke the registration license of 
 11.25  any physical therapist for any of the following grounds:  
 11.26     (a) (1) using drugs or intoxicating liquors to an extent 
 11.27  which affects professional competence; 
 11.28     (b) been convicted (2) conviction of a felony; 
 11.29     (c) (3) conviction for violating any state or federal 
 11.30  narcotic law; 
 11.31     (d) procuring, aiding or abetting a criminal abortion; 
 11.32     (e) registration (4) obtaining a license or attempted 
 11.33  registration attempting to obtain a license by fraud or 
 11.34  deception; 
 11.35     (f) (5) conduct unbecoming a person registered licensed as 
 11.36  a physical therapist or conduct detrimental to the best 
 12.1   interests of the public; 
 12.2      (g) (6) gross negligence in the practice of physical 
 12.3   therapy as a physical therapist; 
 12.4      (h) (7) treating human ailments by physical therapy after 
 12.5   an initial 30-day period of patient admittance to treatment has 
 12.6   lapsed, except by the order or referral of a person licensed in 
 12.7   this state to in the practice of medicine as defined in section 
 12.8   147.081, the practice of chiropractic as defined in section 
 12.9   148.01, the practice of podiatry as defined in section 153.01, 
 12.10  or the practice of dentistry as defined in section 150A.05 and 
 12.11  whose license is in good standing; or when a previous diagnosis 
 12.12  exists indicating an ongoing condition warranting physical 
 12.13  therapy treatment, subject to periodic review defined by board 
 12.14  of medical practice physical therapy rule; 
 12.15     (i) (8) treating human ailments, without referral, by 
 12.16  physical therapy treatment without first having practiced one 
 12.17  year under a physician's orders as verified by the board's 
 12.18  records; 
 12.19     (j) failure (9) failing to consult with the patient's 
 12.20  health care provider who prescribed the physical therapy 
 12.21  treatment if the treatment is altered by the physical therapist 
 12.22  from the original written order.  The provision does not include 
 12.23  written orders specifying orders to "evaluate and treat"; 
 12.24     (k) (10) treating human ailments other than by physical 
 12.25  therapy unless duly licensed or registered to do so under the 
 12.26  laws of this state; 
 12.27     (l) (11) inappropriate delegation to a physical therapist 
 12.28  assistant or inappropriate task assignment to an aide or 
 12.29  inadequate supervision of either level of supportive personnel; 
 12.30     (m) treating human ailments other than by performing 
 12.31  physical therapy procedures unless duly licensed or registered 
 12.32  to do so under the laws of this state; 
 12.33     (n) (12) practicing as a physical therapist performing 
 12.34  medical diagnosis, the practice of medicine as defined in 
 12.35  section 147.081, or the practice of chiropractic as defined in 
 12.36  section 148.01; 
 13.1      (o) failure (13) failing to comply with a reasonable 
 13.2   request to obtain appropriate clearance for mental or physical 
 13.3   conditions which that would interfere with the ability to 
 13.4   practice physical therapy, and which that may be potentially 
 13.5   harmful to patients; 
 13.6      (p) (14) dividing fees with, or paying or promising to pay 
 13.7   a commission or part of the fee to, any person who contacts the 
 13.8   physical therapist for consultation or sends patients to the 
 13.9   physical therapist for treatment; 
 13.10     (q) (15) engaging in an incentive payment arrangement, 
 13.11  other than that prohibited by clause (p) (14), that tends to 
 13.12  promote physical therapy overutilization overuse, whereby that 
 13.13  allows the referring person or person who controls the 
 13.14  availability of physical therapy services to a client profits to 
 13.15  profit unreasonably as a result of patient treatment; 
 13.16     (r) (16) practicing physical therapy and failing to refer 
 13.17  to a licensed health care professional any a patient whose 
 13.18  medical condition at the time of evaluation has been determined 
 13.19  by the physical therapist to be beyond the scope of practice of 
 13.20  a physical therapist; and 
 13.21     (s) failure (17) failing to report to the board other 
 13.22  registered licensed physical therapists who violate this section.
 13.23     (b) A certificate of registration license to practice as a 
 13.24  physical therapist is suspended if (1) a guardian of the person 
 13.25  of the physical therapist is appointed by order of a court 
 13.26  pursuant to sections 525.54 to 525.61, for reasons other than 
 13.27  the minority of the physical therapist; or (2) the physical 
 13.28  therapist is committed by order of a court pursuant to chapter 
 13.29  253B.  The certificate of registration license remains suspended 
 13.30  until the physical therapist is restored to capacity by a court 
 13.31  and, upon petition by the physical therapist, the suspension is 
 13.32  terminated by the board of medical practice physical therapy 
 13.33  after a hearing.  
 13.34     Sec. 15.  Minnesota Statutes 1998, section 148.76, is 
 13.35  amended to read: 
 13.36     148.76 [PROHIBITED CONDUCT.] 
 14.1      Subdivision 1.  No person shall:  
 14.2      (1) provide physical therapy unless the person is licensed 
 14.3   as a physical therapist under sections 148.65 to 148.78; 
 14.4      (a) (2) use the title of physical therapist without a 
 14.5   certificate of registration license as a physical therapist 
 14.6   issued pursuant to the provisions of under sections 148.65 to 
 14.7   148.78; 
 14.8      (b) (3) in any manner hold out as a physical therapist, or 
 14.9   use in connection with the person's name the words or letters 
 14.10  Physical Therapist, Physiotherapist, Physical Therapy 
 14.11  Technician, Registered Physical Therapist, Licensed Physical 
 14.12  Therapist, P.T., P.T.T., R.P.T., L.P.T., or any letters, words, 
 14.13  abbreviations or insignia indicating or implying that the person 
 14.14  is a physical therapist, without a certificate of registration 
 14.15  license as a physical therapist issued pursuant to the 
 14.16  provisions of under sections 148.65 to 148.78.  To do so is a 
 14.17  gross misdemeanor; 
 14.18     (c) (4) employ fraud or deception in applying for or 
 14.19  securing a certificate of registration license as a physical 
 14.20  therapist.  
 14.21     Nothing contained in sections 148.65 to 148.78 shall 
 14.22  prohibit any prohibits a person licensed or registered in this 
 14.23  state under another law from carrying out the therapy or 
 14.24  practice for which the person is duly licensed or registered. 
 14.25     Subd. 2.  No physical therapist may: 
 14.26     (a) (1) treat human ailments by physical therapy after an 
 14.27  initial 30-day period of patient admittance to treatment has 
 14.28  lapsed, except by the order or referral of a person licensed in 
 14.29  this state to practice medicine as defined in section 147.081, 
 14.30  the practice of chiropractic as defined in section 148.01, the 
 14.31  practice of podiatry as defined in section 153.01, the practice 
 14.32  of dentistry as defined in section 150A.05, or the practice of 
 14.33  advanced practice nursing as defined in section 62A.15, 
 14.34  subdivision 3a, when orders or referrals are made in 
 14.35  collaboration with a physician, chiropractor, podiatrist, or 
 14.36  dentist, and whose license is in good standing; or when a 
 15.1   previous diagnosis exists indicating an ongoing condition 
 15.2   warranting physical therapy treatment, subject to periodic 
 15.3   review defined by board of medical practice physical therapy 
 15.4   rule; 
 15.5      (b) (2) treat human ailments by physical therapy treatment 
 15.6   without first having practiced one year under a physician's 
 15.7   orders as verified by the board's records; 
 15.8      (c) utilize (3) use any chiropractic manipulative technique 
 15.9   whose end is the chiropractic adjustment of an abnormal 
 15.10  articulation of the body; and 
 15.11     (d) (4) treat human ailments other than by physical therapy 
 15.12  unless duly licensed or registered to do so under the laws of 
 15.13  this state. 
 15.14     Sec. 16.  Minnesota Statutes 1998, section 148.78, is 
 15.15  amended to read: 
 15.16     148.78 [PROSECUTION, ALLEGATIONS.] 
 15.17     In the prosecution of any person for violation of sections 
 15.18  148.65 to 148.78 as specified in section 148.76, it shall not be 
 15.19  necessary to allege or prove want of a valid certificate of 
 15.20  registration license as a physical therapist, but shall be a 
 15.21  matter of defense to be established by the accused. 
 15.22     Sec. 17.  Minnesota Statutes 1998, section 214.01, 
 15.23  subdivision 2, is amended to read: 
 15.24     Subd. 2.  [HEALTH-RELATED LICENSING BOARD.] "Health-related 
 15.25  licensing board" means the board of examiners of nursing home 
 15.26  administrators established pursuant to section 144A.19, the 
 15.27  board of medical practice created pursuant to section 147.01, 
 15.28  the board of nursing created pursuant to section 148.181, the 
 15.29  board of chiropractic examiners established pursuant to section 
 15.30  148.02, the board of optometry established pursuant to section 
 15.31  148.52, the board of physical therapy established pursuant to 
 15.32  section 148.67, the board of psychology established pursuant to 
 15.33  section 148.90, the board of social work pursuant to section 
 15.34  148B.19, the board of marriage and family therapy pursuant to 
 15.35  section 148B.30, the office of mental health practice 
 15.36  established pursuant to section 148B.61, the alcohol and drug 
 16.1   counselors licensing advisory council established pursuant to 
 16.2   section 148C.02, the board of dietetics and nutrition practice 
 16.3   established under section 148.622, the board of dentistry 
 16.4   established pursuant to section 150A.02, the board of pharmacy 
 16.5   established pursuant to section 151.02, the board of podiatric 
 16.6   medicine established pursuant to section 153.02, and the board 
 16.7   of veterinary medicine, established pursuant to section 156.01. 
 16.8      Sec. 18.  [INITIAL APPOINTMENTS TO BOARD.] 
 16.9      Notwithstanding Minnesota Statutes, section 148.67, the 
 16.10  first physical therapist members appointed to the board may be 
 16.11  registered physical therapists.