1.1 	A bill for an act
1.2 	relating to health; modifying provisions for licensing of certain health 
1.3 	occupations and professionals; modifying a provision for hearing instrument 
1.4 	dispensing; granting the commissioner authority to contract with the health 
1.5 	professionals services program to access diversion and monitoring services; 
1.6 	modifying provisions of continuing education contact hours; allowing limited 
1.7 	part-time practice for volunteers and retired persons in certain health occupations; 
1.8 	providing an exception to the social work licensure requirements; amending 
1.9 	Minnesota Statutes 2004, sections 147.02, subdivision 1; 147.037, subdivision 
1.10 	1; 148.284; 148.515, subdivision 2; 148.5175; 148.518; 148.5193, subdivision 
1.11 	1; 148.5195, by adding a subdivision; 148.6440, subdivision 7; 148.6443, 
1.12 	subdivisions 2, 3, 4; 148.6448, by adding a subdivision; 150A.06, subdivision 2d; 
1.13 	153A.13, subdivision 4; 153A.15, by adding a subdivision; Minnesota Statutes 
1.14 	2005 Supplement, sections 148.515, subdivision 6; 153A.14, subdivision 4c.
1.15 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.16 	Section 1. Minnesota Statutes 2004, section 147.02, subdivision 1, is amended to read:
1.17 		Subdivision 1.United States or Canadian medical school graduates. The 
1.18 	board shall issue a license to practice medicine to a person who meets the requirements 
1.19 	in paragraphs (a) to (h).
1.20 	(a) An applicant for a license shall file a written application on forms provided by 
1.21 	the board, showing to the board's satisfaction that the applicant is of good moral character 
1.22 	and satisfies the requirements of this section.
1.23 	(b) The applicant shall present evidence satisfactory to the board of being a graduate 
1.24 	of a medical or osteopathic school located in the United States, its territories or Canada, 
1.25 	and approved by the board based upon its faculty, curriculum, facilities, accreditation by a 
1.26 	recognized national accrediting organization approved by the board, and other relevant 
1.27 	data, or is currently enrolled in the final year of study at the school.
1.28 	(c) The applicant must have passed an examination as described in clause (1) or (2).
2.1 	(1) The applicant must have passed a comprehensive examination for initial 
2.2 	licensure prepared and graded by the National Board of Medical Examiners or the 
2.3 	Federation of State Medical Boards. The board shall by rule determine what constitutes a 
2.4 	passing score in the examination.
2.5 	(2) The applicant taking the United States Medical Licensing Examination (USMLE) 
2.6 	must have passed steps one, two, and three within a seven-year period. This seven-year 
2.7 	period begins when the applicant first passes either step one or two, as applicable. 
2.8 	Applicants actively enrolled in or graduated from accredited MD/PhD, MD/JD, MD/MBA, 
2.9 	or MD/MPH dual degree programs or osteopathic equivalents must have passed each of 
2.10 	steps one, two, and three within three attempts in seven years plus the time taken to obtain 
2.11 	the non-MD degree or ten years, whichever occurs first. Step three must be passed within 
2.12 	five years of passing step two, or before the end of residency training. The applicant must 
2.13 	pass each of steps one, two, and three with passing scores as recommended by the USMLE 
2.14 	program within three attempts. The applicant taking combinations of Federation of State 
2.15 	Medical Boards, National Board of Medical Examiners, and USMLE may be accepted 
2.16 	only if the combination is approved by the board as comparable to existing comparable 
2.17 	examination sequences and all examinations are completed prior to the year 2000.
2.18 	(d) The applicant shall present evidence satisfactory to the board of the completion 
2.19 	of one year of graduate, clinical medical training in a program accredited by a national 
2.20 	accrediting organization approved by the board or other graduate training approved 
2.21 	in advance by the board as meeting standards similar to those of a national accrediting 
2.22 	organization.
2.23 	(e) The applicant shall make arrangements with the executive director to appear in 
2.24 	person before the board or its designated representative to show that the applicant satisfies 
2.25 	the requirements of this section. The board may establish as internal operating procedures 
2.26 	the procedures or requirements for the applicant's personal presentation.
2.27 	(f) The applicant shall pay a fee established by the board by rule. The fee may not be 
2.28 	refunded. Upon application or notice of license renewal, the board must provide notice 
2.29 	to the applicant and to the person whose license is scheduled to be issued or renewed of 
2.30 	any additional fees, surcharges, or other costs which the person is obligated to pay as a 
2.31 	condition of licensure. The notice must:
2.32 	(1) state the dollar amount of the additional costs; and
2.33 	(2) clearly identify to the applicant the payment schedule of additional costs.
2.34 	(g) The applicant must not be under license suspension or revocation by the 
2.35 	licensing board of the state or jurisdiction in which the conduct that caused the suspension 
2.36 	or revocation occurred.
3.1 	(h) The applicant must not have engaged in conduct warranting disciplinary action 
3.2 	against a licensee, or have been subject to disciplinary action other than as specified in 
3.3 	paragraph (g). If the applicant does not satisfy the requirements stated in this paragraph, 
3.4 	the board may issue a license only on the applicant's showing that the public will be 
3.5 	protected through issuance of a license with conditions and limitations the board considers 
3.6 	appropriate.

3.7 	Sec. 2. Minnesota Statutes 2004, section 147.037, subdivision 1, is amended to read:
3.8 		Subdivision 1.Requirements. The board shall issue a license to practice medicine 
3.9 	to any person who satisfies the requirements in paragraphs (a) to (g).
3.10 	(a) The applicant shall satisfy all the requirements established in section  147.02, 
3.11 	subdivision 1, paragraphs (a), (e), (f), (g), and (h). 
3.12 	(b) The applicant shall present evidence satisfactory to the board that the applicant 
3.13 	is a graduate of a medical or osteopathic school approved by the board as equivalent 
3.14 	to accredited United States or Canadian schools based upon its faculty, curriculum, 
3.15 	facilities, accreditation, or other relevant data. If the applicant is a graduate of a medical 
3.16 	or osteopathic program that is not accredited by the Liaison Committee for Medical 
3.17 	Education or the American Osteopathic Association, the applicant must may use the 
3.18 	Federation of State Medical Boards' Federation Credentials Verification Service (FCVS) 
3.19 	or its successor. If the applicant uses this service as required allowed under this paragraph, 
3.20 	the physician application fee may be less than $200 but must not exceed the cost of 
3.21 	administering this paragraph.
3.22 	(c) The applicant shall present evidence satisfactory to the board that the applicant 
3.23 	has been awarded a certificate by the Educational Council for Foreign Medical Graduates, 
3.24 	and the applicant has a working ability in the English language sufficient to communicate 
3.25 	with patients and physicians and to engage in the practice of medicine.
3.26 	(d) The applicant shall present evidence satisfactory to the board of the completion 
3.27 	of two years of graduate, clinical medical training in a program located in the United 
3.28 	States, its territories, or Canada and accredited by a national accrediting organization 
3.29 	approved by the board. This requirement does not apply:
3.30 	(1) to an applicant who is admitted as a permanent immigrant to the United States on 
3.31 	or before October 1, 1991, as a person of exceptional ability in the sciences according to 
3.32 	Code of Federal Regulations, title 20, section 656.22(d);
3.33 	(2) to an applicant holding a valid license to practice medicine in another country 
3.34 	and issued a permanent immigrant visa after October 1, 1991, as a person of extraordinary 
3.35 	ability in the field of science or as an outstanding professor or researcher according to 
4.1 	Code of Federal Regulations, title 8, section 204.5(h) and (i), or a temporary nonimmigrant 
4.2 	visa as a person of extraordinary ability in the field of science according to Code of 
4.3 	Federal Regulations, title 8, section 214.2(o),
4.4 	provided that a person under clause (1) or (2) is admitted pursuant to rules of the United 
4.5 	States Department of Labor; or
4.6 	(3) to an applicant who is licensed in another state, has practiced five years without 
4.7 	disciplinary action in the United States, its territories, or Canada, has completed one year 
4.8 	of the graduate, clinical medical training required by this paragraph, and has passed the 
4.9 	Special Purpose Examination of the Federation of State Medical Boards within three 
4.10 	attempts in the 24 months before licensing.
4.11 	(e) The applicant must:
4.12 	(1) have passed an examination prepared and graded by the Federation of State 
4.13 	Medical Boards, the United States Medical Licensing Examination program in accordance 
4.14 	with section  147.02, subdivision 1, paragraph (c), clause (2), or the Medical Council 
4.15 	of Canada; and 
4.16 	(2) have a current license from the equivalent licensing agency in another state or 
4.17 	country and, if the examination in clause (1) was passed more than ten years ago, either:
4.18 	(i) pass the Special Purpose Examination of the Federation of State Medical Boards 
4.19 	with a score of 75 or better within three attempts; or
4.20 	(ii) have a current certification by a specialty board of the American Board of 
4.21 	Medical Specialties, of the American Osteopathic Association Bureau of Professional 
4.22 	Education, of the Royal College of Physicians and Surgeons of Canada, or of the College 
4.23 	of Family Physicians of Canada.
4.24 	(f) The applicant must not be under license suspension or revocation by the licensing 
4.25 	board of the state or jurisdiction in which the conduct that caused the suspension or 
4.26 	revocation occurred.
4.27 	(g) The applicant must not have engaged in conduct warranting disciplinary action 
4.28 	against a licensee, or have been subject to disciplinary action other than as specified in 
4.29 	paragraph (f). If an applicant does not satisfy the requirements stated in this paragraph, 
4.30 	the board may issue a license only on the applicant's showing that the public will be 
4.31 	protected through issuance of a license with conditions or limitations the board considers 
4.32 	appropriate.

4.33 	EFFECTIVE DATE. This section is effective the day following final enactment.

5.1 	Sec. 3. Minnesota Statutes 2004, section 148.284, is amended to read:
5.2 	148.284 CERTIFICATION OF ADVANCED PRACTICE REGISTERED 
5.3 	NURSES.
5.4 	(a) No person shall practice advanced practice registered nursing or use any title, 
5.5 	abbreviation, or other designation tending to imply that the person is an advanced practice 
5.6 	registered nurse, clinical nurse specialist, nurse anesthetist, nurse-midwife, or nurse 
5.7 	practitioner unless the person is certified for such advanced practice registered nursing by 
5.8 	a national nurse certification organization.
5.9 	(b) Paragraphs (a) and (e) do not apply to an advanced practice registered nurse who 
5.10 	is within six months after completion of an advanced practice registered nurse course of 
5.11 	study and is awaiting certification, provided that the person has not previously failed the 
5.12 	certification examination.
5.13 	(c) An advanced practice registered nurse who has completed a formal course of 
5.14 	study as an advanced practice registered nurse and has been certified by a national nurse 
5.15 	certification organization prior to January 1, 1999, may continue to practice in the field 
5.16 	of nursing in which the advanced practice registered nurse is practicing as of July 1, 
5.17 	1999, regardless of the type of certification held if the advanced practice registered nurse 
5.18 	is not eligible for the proper certification.
5.19 	(d) Prior to July 1, 2007, a clinical nurse specialist may petition the board for 
5.20 	waiver from the certification requirement in paragraph (a) if the clinical nurse specialist is 
5.21 	academically prepared as a clinical nurse specialist in a specialty area for which there is 
5.22 	no certification within the clinical nurse specialist role and specialty or a related specialty. 
5.23 	The board may determine that an available certification as a clinical nurse specialist in a 
5.24 	related specialty must be obtained in lieu of the specific specialty or subspecialty. The 
5.25 	petitioner must be academically prepared as a clinical nurse specialist in a specific field of 
5.26 	clinical nurse specialist practice with a master's degree in nursing that included clinical 
5.27 	experience in the clinical specialty and must have 1,000 hours of supervised clinical 
5.28 	experience in the clinical specialty for which the individual was academically prepared 
5.29 	with a minimum of 500 hours of supervised clinical practice after graduation. The board 
5.30 	may grant a nonrenewable permit for no longer than 12 months for the supervised 
5.31 	postgraduate clinical experience. The board may renew the waiver for three-year periods 
5.32 	provided the clinical nurse specialist continues to be ineligible for certification as a clinical 
5.33 	nurse specialist by an organization acceptable to the board.
5.34 	(e)(1)  An advanced practice registered nurse who practices advanced practice 
5.35 	registered nursing without current certification or current waiver of certification as a 
5.36 	clinical nurse specialist, nurse midwife, nurse practitioner, or registered nurse anesthetist, 
6.1 	or practices with current certification but fails to notify the board of current certification,
6.2 	shall pay a penalty fee of $200 for the first month or part of a month and an additional 
6.3 	$100 for each subsequent month or parts of months of practice.
6.4 	(2) An advanced practice registered nurse who practices advanced practice registered 
6.5 	nursing with current certification but fails to notify the board of current certification 
6.6 	shall pay a penalty fee imposed by the board in an amount described in clause (1) up to 
6.7 	a maximum amount of $1,000.
6.8 	(3) The amount of the penalty fee shall be calculated from the first day the advanced 
6.9 	practice registered nurse practiced without current advanced practice registered nurse 
6.10 	certification or current waiver of certification to the date of last practice or from the first 
6.11 	day the advanced practice registered nurse practiced without the current status on file with 
6.12 	the board until the day the current certification is filed with the board.

6.13 	Sec. 4. Minnesota Statutes 2004, section 148.515, subdivision 2, is amended to read:
6.14 		Subd. 2.Master's or doctoral degree required. (a) An applicant must possess a 
6.15 	master's or doctoral degree that meets the requirements of paragraph (b). If completing a 
6.16 	doctoral program in which a master's degree has not been conferred, an applicant must 
6.17 	submit a transcript showing completion of course work equivalent to, or exceeding, a 
6.18 	master's degree that meets the requirement of paragraph (b).
6.19 	(b) All of the applicant's graduate coursework and clinical practicum required in the 
6.20 	professional area for which licensure is sought must have been initiated and completed at 
6.21 	an institution whose program meets the current requirements and was accredited by the 
6.22 	Educational Standards Board of the Council on Academic Accreditation in Audiology 
6.23 	and Speech-Language Pathology, a body recognized by the United States Department of 
6.24 	Education, or an equivalent as determined by the commissioner, in the area for which 
6.25 	licensure is sought.

6.26 	EFFECTIVE DATE. This section is effective the day following final enactment.

6.27 	Sec. 5. Minnesota Statutes 2005 Supplement, section 148.515, subdivision 6, is 
6.28 	amended to read:
6.29 		Subd. 6.Dispensing audiologist examination requirements. (a) Audiologists are 
6.30 	exempt from the written examination requirement in section 153A.14, subdivision 2h, 
6.31 	paragraph (a), clause (1).
6.32 	(b) After July 31, 2005, all applicants for audiologist licensure under sections 
6.33 	148.512 to 148.5198 must achieve a passing score on the practical tests of proficiency 
7.1 	described in section 153A.14, subdivision 2h, paragraph (a), clause (2), within the time 
7.2 	period described in section 153A.14, subdivision 2h, paragraph (c).
7.3 	(c) In order to dispense hearing aids as a sole proprietor, member of a partnership, 
7.4 	or for a limited liability company, corporation, or any other entity organized for profit, a 
7.5 	licensee who obtained audiologist licensure under sections 148.512 to 148.5198, before 
7.6 	August 1, 2005, and who is not certified to dispense hearing aids under chapter 153A, 
7.7 	must achieve a passing score on the practical tests of proficiency described in section 
7.8 	153A.14, subdivision 2h, paragraph (a), clause (2), within the time period described 
7.9 	in section 153A.14, subdivision 2h, paragraph (c). All other audiologist licensees who 
7.10 	obtained licensure before August 1, 2005, are exempt from the practical tests.
7.11 	(d) An applicant for an audiology license who obtains a temporary license under 
7.12 	section 148.5175 may dispense hearing aids only under supervision of a licensed 
7.13 	audiologist who dispenses hearing aids. 

7.14 	EFFECTIVE DATE. This section is effective the day following final enactment.

7.15 	Sec. 6. Minnesota Statutes 2004, section 148.5175, is amended to read:
7.16 	148.5175 TEMPORARY LICENSURE.
7.17 	(a) The commissioner shall issue temporary licensure as a speech-language 
7.18 	pathologist, an audiologist, or both, to an applicant who has applied for licensure under 
7.19 	section  148.515,  148.516,  148.517, or  148.518 and who: 
7.20 	(1) submits a signed and dated affidavit stating that the applicant is not the subject of 
7.21 	a disciplinary action or past disciplinary action in this or another jurisdiction and is not 
7.22 	disqualified on the basis of section  148.5195, subdivision 3; and 
7.23 	(2) either:
7.24 	(i) provides a copy of a current credential as a speech-language pathologist, an 
7.25 	audiologist, or both, held in the District of Columbia or a state or territory of the United 
7.26 	States; or
7.27 	(ii) provides a copy of a current certificate of clinical competence issued by the 
7.28 	American Speech-Language-Hearing Association or board certification in audiology by 
7.29 	the American Board of Audiology.
7.30 	(b) A temporary license issued to a person under this subdivision expires 90 days 
7.31 	after it is issued or on the date the commissioner grants or denies licensure, whichever 
7.32 	occurs first.
7.33 	(c) Upon application, a temporary license shall be renewed once to a person who is 
7.34 	able to demonstrate good cause for failure to meet the requirements for licensure within 
8.1 	the initial temporary licensure period and who is not the subject of a disciplinary action or 
8.2 	disqualified on the basis of section  148.5195, subdivision 3. 

8.3 	EFFECTIVE DATE. This section is effective the day following final enactment.

8.4 	Sec. 7. Minnesota Statutes 2004, section 148.518, is amended to read:
8.5 	148.518 LICENSURE FOLLOWING LAPSE OF LICENSURE STATUS.
8.6 	For an applicant whose licensure status has lapsed, the applicant must:
8.7 	(1) apply for licensure renewal according to section  148.5191 and document 
8.8 	compliance with the continuing education requirements of section  148.5193 since the 
8.9 	applicant's license lapsed; 
8.10 	(2) fulfill the requirements of section  148.517; 
8.11 	(3) apply for renewal according to section  148.5191, provide evidence to the 
8.12 	commissioner that the applicant holds a current and unrestricted credential for the practice 
8.13 	of speech-language pathology from the Minnesota Board of Teaching or for the practice 
8.14 	of speech-language pathology or audiology in another jurisdiction that has requirements 
8.15 	equivalent to or higher than those in effect for Minnesota, and provide evidence of 
8.16 	compliance with Minnesota Board of Teaching or that jurisdiction's continuing education 
8.17 	requirements; or
8.18 	(4) apply for renewal according to section  148.5191 and submit verified 
8.19 	documentation of successful completion of 160 hours of supervised practice approved by 
8.20 	the commissioner. To participate in a supervised practice, the applicant shall first apply 
8.21 	and obtain temporary licensing according to section  148.5161.; or
8.22 	(5) apply for renewal according to section 148.5191 and provide documentation of 
8.23 	obtaining a qualifying score on the examination described in section 148.515, subdivision 
8.24 	4, within one year of the application date for license renewal.

8.25 	EFFECTIVE DATE. This section is effective the day following final enactment.

8.26 	Sec. 8. Minnesota Statutes 2004, section 148.5193, subdivision 1, is amended to read:
8.27 		Subdivision 1.Number of contact hours required. (a) An applicant for licensure 
8.28 	renewal must meet the requirements for continuing education stipulated by the American 
8.29 	Speech-Language-Hearing Association or the American Board of Audiology, or satisfy 
8.30 	the requirements described in paragraphs (b) to (e).
8.31 	(b) Within one month following expiration of a license, an applicant for licensure 
8.32 	renewal as either a speech-language pathologist or an audiologist must provide evidence 
8.33 	to the commissioner of a minimum of 30 contact hours of continuing education obtained 
9.1 	within the two years immediately preceding licensure expiration. A minimum of 20 
9.2 	contact hours of continuing education must be directly related to the licensee's area of 
9.3 	licensure. Ten contact hours of continuing education may be in areas generally related to 
9.4 	the licensee's area of licensure. Licensees who are issued licenses for a period of less than 
9.5 	two years shall prorate the number of contact hours required for licensure renewal based 
9.6 	on the number of months licensed during the biennial licensure period. Licensees shall 
9.7 	receive contact hours for continuing education activities only for the biennial licensure 
9.8 	period in which the continuing education activity was performed.
9.9 	(c) An applicant for licensure renewal as both a speech-language pathologist and an 
9.10 	audiologist must attest to and document completion of a minimum of 36 contact hours 
9.11 	of continuing education offered by a continuing education sponsor within the two years 
9.12 	immediately preceding licensure renewal. A minimum of 15 contact hours must be 
9.13 	received in the area of speech-language pathology and a minimum of 15 contact hours 
9.14 	must be received in the area of audiology. Six contact hours of continuing education 
9.15 	may be in areas generally related to the licensee's areas of licensure. Licensees who are 
9.16 	issued licenses for a period of less than two years shall prorate the number of contact 
9.17 	hours required for licensure renewal based on the number of months licensed during the 
9.18 	biennial licensure period. Licensees shall receive contact hours for continuing education 
9.19 	activities only for the biennial licensure period in which the continuing education activity 
9.20 	was performed.
9.21 	(d) If the licensee is licensed by the Board of Teaching:
9.22 	(1) activities that are approved in the categories of Minnesota Rules, part 8700.1000
9.23 	8710.7200, subpart 3, items A and B, and that relate to speech-language pathology, shall 
9.24 	be considered:
9.25 	(i) offered by a sponsor of continuing education; and
9.26 	(ii) directly related to speech-language pathology;
9.27 	(2) activities that are approved in the categories of Minnesota Rules, part 8700.1000
9.28 	8710.7200, subpart 3, shall be considered:
9.29 	(i) offered by a sponsor of continuing education; and
9.30 	(ii) generally related to speech-language pathology; and
9.31 	(3) one clock hour as defined in Minnesota Rules, part 8700.1000 8710.7200, 
9.32 	subpart 1, is equivalent to 1.0 contact hours of continuing education.
9.33 	(e) Contact hours may not be accumulated in advance and transferred to a future 
9.34 	continuing education period.

9.35 	EFFECTIVE DATE. This section is effective the day following final enactment.

10.1 	Sec. 9. Minnesota Statutes 2004, section 148.5195, is amended by adding a subdivision 
10.2 	to read:
10.3 		Subd. 7. Authority to contract. The commissioner shall contract with the health 
10.4 	professionals services program as authorized by sections 214.31 to 214.37 to provide 
10.5 	these services to practitioners under this chapter. The health professionals services 
10.6 	program does not affect the commissioner's authority to discipline violations of sections 
10.7 	148.511 to 148.5198.

10.8 	EFFECTIVE DATE. This section is effective the day following final enactment.

10.9 	Sec. 10. Minnesota Statutes 2004, section 148.6440, subdivision 7, is amended to read:
10.10 		Subd. 7.Approval. (a) The advisory council shall appoint a committee to review 
10.11 	documentation under subdivisions 2 to 6 to determine if established educational and 
10.12 	clinical requirements are met. If, after review of course documentation, the committee 
10.13 	verifies that a specific course meets the theoretical and clinical requirements in 
10.14 	subdivisions 2 to 6, the commissioner may approve practitioner applications that include 
10.15 	the required course documentation evidencing completion of the same course.
10.16 	(b) Occupational therapists shall be advised of the status of their request for approval 
10.17 	within 30 days. Occupational therapists must provide any additional information requested 
10.18 	by the committee that is necessary to make a determination regarding approval or denial.
10.19 	(c) A determination regarding a request for approval of training under this 
10.20 	subdivision shall be made in writing to the occupational therapist. If denied, the reason for 
10.21 	denial shall be provided.
10.22 	(d) A licensee who was approved by the commissioner as a level two provider prior 
10.23 	to July 1, 1999, shall remain on the roster maintained by the commissioner in accordance 
10.24 	with subdivision 1, paragraph (c).
10.25 	(e) To remain on the roster maintained by the commissioner, a licensee who was 
10.26 	approved by the commissioner as a level one provider prior to July 1, 1999, must submit to 
10.27 	the commissioner documentation of training and experience gained using physical agent 
10.28 	modalities since the licensee's approval as a level one provider. The committee appointed 
10.29 	under paragraph (a) shall review the documentation and make a recommendation to the 
10.30 	commissioner regarding approval.
10.31 	(f) An occupational therapist who received training in the use of physical agent 
10.32 	modalities prior to July 1, 1999, but who has not been placed on the roster of approved 
10.33 	providers may submit to the commissioner documentation of training and experience 
10.34 	gained using physical agent modalities. The committee appointed under paragraph (a) 
11.1 	shall review documentation and make a recommendation to the commissioner regarding 
11.2 	approval.

11.3 	EFFECTIVE DATE. This section is effective the day following final enactment.

11.4 	Sec. 11. Minnesota Statutes 2004, section 148.6443, subdivision 2, is amended to read:
11.5 		Subd. 2.Standards for determining qualified continuing education activities.
 11.6 	Except as provided in subdivision 3, paragraph (f), in order to qualify as a continuing 
11.7 	education activity, the activity must:
11.8 	(1) constitute an organized program of learning;
11.9 	(2) reasonably be expected to advance the knowledge and skills of the occupational 
11.10 	therapy practitioner;
11.11 	(3) pertain to subjects that directly relate to the practice of occupational therapy;
11.12 	(4) be conducted by a sponsor approved by the American Occupational Therapy 
11.13 	Association or by individuals who have education, training, and experience by reason of 
11.14 	which the individuals should be considered experts on the subject matter of the activity; 
11.15 	and
11.16 	(5) be presented by a sponsor who has a mechanism to verify participation and 
11.17 	maintains attendance records for three years.

11.18 	EFFECTIVE DATE. This section is effective the day following final enactment.

11.19 	Sec. 12. Minnesota Statutes 2004, section 148.6443, subdivision 3, is amended to read:
11.20 		Subd. 3.Activities qualifying for continuing education contact hours. (a) The 
11.21 	activities in this subdivision qualify for continuing education contact hours if they meet all 
11.22 	other requirements of this section.
11.23 	(b) A minimum of one-half of the required contact hours must be directly related 
11.24 	to the occupational therapy practice. The remaining contact hours may be related to 
11.25 	occupational therapy practice, the delivery of occupational therapy services, or to the 
11.26 	practitioner's current professional role. 
11.27 	(c) A licensee may obtain an unlimited number of contact hours in any two-year 
11.28 	continuing education period through participation in the following:
11.29 	(1) attendance at educational programs of annual conferences, lectures, panel 
11.30 	discussions, workshops, in-service training, seminars, and symposiums;
11.31 	(2) successful completion of college or university courses. The licensee must obtain 
11.32 	a grade of at least a "C" or a pass in a pass or fail course in order to receive the following 
11.33 	continuing education credits:
12.1 	(i) one semester credit equals 14 contact hours;
12.2 	(ii) one trimester credit equals 12 contact hours; and
12.3 	(iii) one quarter credit equals ten contact hours; and
12.4 	(3) successful completion of home study courses that require the participant to 
12.5 	demonstrate the participant's knowledge following completion of the course.
12.6 	(c)(d)  A licensee may obtain a maximum of six contact hours in any two-year 
12.7 	continuing education period for:
12.8 	(1) teaching continuing education courses that meet the requirements of this section. 
12.9 	A licensee is entitled to earn a maximum of two contact hours as preparation time for 
12.10 	each contact hour of presentation time. Contact hours may be claimed only once for 
12.11 	teaching the same course in any two-year continuing education period. A course schedule 
12.12 	or brochure must be maintained for audit.;
12.13 	(2) supervising occupational therapist or occupational therapy assistant students. A 
12.14 	licensee may earn one contact hour for every eight hours of student supervision. Licensees 
12.15 	must maintain a log indicating the name of each student supervised and the hours each 
12.16 	student was supervised. Contact hours obtained by student supervision must be obtained 
12.17 	by supervising students from an occupational therapy education program accredited by the 
12.18 	Accreditation Council for Occupational Therapy Education;
12.19 	(3) teaching or participating in courses related to leisure activities, recreational 
12.20 	activities, or hobbies if the practitioner uses these interventions within the practitioner's 
12.21 	current practice or employment; and
12.22 	(4) engaging in research activities or outcome studies that are associated with grants, 
12.23 	postgraduate studies, or publications in professional journals or books.
12.24 	(d)(e)  A licensee may obtain a maximum of two contact hours in any two-year 
12.25 	continuing education period for continuing education activities in the following areas:
12.26 	(1) business-related topics: marketing, time management, administration, risk 
12.27 	management, government regulations, techniques for training professionals, computer 
12.28 	skills, payment systems, including covered services, coding, documentation, billing, 
12.29 	and similar topics;
12.30 	(2) personal skill topics: career burnout, communication skills, human relations, and 
12.31 	similar topics; and
12.32 	(3) training that is obtained in conjunction with a licensee's employment, occurs 
12.33 	during a licensee's normal workday, and does not include subject matter specific to the 
12.34 	fundamentals of occupational therapy.
12.35 	(e) An occupational therapy practitioner that utilizes leisure activities, recreational 
12.36 	activities, or hobbies as part of occupational therapy services in the practitioner's current 
13.1 	work setting may obtain a maximum of six contact hours in any two-year continuing 
13.2 	education period for participation in courses teaching these activities.
13.3 	(f) A licensee may obtain a maximum of six contact hours in any two-year continuing 
13.4 	education period for supervision of occupational therapist or occupational therapy 
13.5 	assistant students. A licensee may earn one contact hour for every eight hours of student 
13.6 	supervision. Licensees must maintain a log indicating the name of each student supervised 
13.7 	and the hours each student was supervised. Contact hours obtained by student supervision 
13.8 	must be obtained by supervising students from an occupational therapy education program 
13.9 	accredited by the Accreditation Council for Occupational Therapy Education.

13.10 	EFFECTIVE DATE. This section is effective the day following final enactment.

13.11 	Sec. 13. Minnesota Statutes 2004, section 148.6443, subdivision 4, is amended to read:
13.12 		Subd. 4.Activities not qualifying for continuing education contact hours. No 
13.13 	credit shall be granted for the following activities: hospital rounds, entertainment or 
13.14 	recreational activities, employment orientation sessions, holding an office or serving as an 
13.15 	organizational delegate, meetings for the purpose of making policy, and noneducational 
13.16 	association meetings, training related to payment systems, including covered services, 
13.17 	coding, and billing.

13.18 	EFFECTIVE DATE. This section is effective the day following final enactment.

13.19 	Sec. 14. Minnesota Statutes 2004, section 148.6448, is amended by adding a 
13.20 	subdivision to read:
13.21 		Subd. 6.Authority to contract.  The commissioner shall contract with the health 
13.22 	professionals services program as authorized by sections 214.31 to 214.37 to provide 
13.23 	these services to practitioners under this chapter. The health professionals services 
13.24 	program does not affect the commissioner's authority to discipline violations of sections 
13.25 	148.6401 to 148.6450. 

13.26 	EFFECTIVE DATE. This section is effective the day following final enactment.

13.27 	Sec. 15. Minnesota Statutes 2004, section 150A.06, subdivision 2d, is amended to read:
13.28 		Subd. 2d.Volunteer and retired dentists, dental hygienists, and registered 
13.29 	dental assistants continuing education and professional development waiver. (a) The 
13.30 	board shall grant a waiver to the continuing education requirements under this chapter for 
13.31 	a licensed dentist, licensed dental hygienist, or registered dental assistant who documents 
13.32 	to the satisfaction of the board that the dentist, dental hygienist, or registered dental 
14.1 	assistant has retired from active practice in the state and limits the provision of dental care 
14.2 	services to those offered without compensation in a public health, community, or tribal 
14.3 	clinic or a nonprofit organization that provides services to the indigent or to recipients 
14.4 	of medical assistance, general assistance medical care, or MinnesotaCare programs. The 
14.5 	board shall grant a limited part-time practice authorization to a retired dentist, dental 
14.6 	hygienist, or registered dental assistant who documents to the satisfaction of the board 
14.7 	that the dentist, dental hygienist, or registered dental assistant has retired in good standing 
14.8 	from active practice in the state and limits the provision of dental care services to those 
14.9 	offered without compensation in a public health, community, or tribal clinic or a nonprofit 
14.10 	organization that provides services to the indigent or to recipients of medical assistance, 
14.11 	general assistance medical care, or MinnesotaCare programs.
14.12 	(b) The board may require written documentation from the volunteer and retired 
14.13 	dentist, dental hygienist, or registered dental assistant prior to granting this waiver
14.14 	authorization.
14.15 	(c) The board shall require the volunteer and retired dentist, dental hygienist, or 
14.16 	registered dental assistant to meet the following requirements:
14.17 	(1) a licensee or registrant seeking a waiveran authorization under this subdivision 
14.18 	must complete and document at least five hours of approved courses in infection control, 
14.19 	medical emergencies, and medical management for the continuing education cycle; and
14.20 	(2) provide documentation of certification in advanced or basic cardiac life support 
14.21 	recognized by the American Heart Association, the American Red Cross, or an equivalent 
14.22 	entity;
14.23 	(3) must work under the indirect supervision of a licensed dentist; and 
14.24 	(4) meet the requirements of this chapter that pertain to the dentistry performed with 
14.25 	the exception of the licensing and continuing education requirements.

14.26 	Sec. 16. Minnesota Statutes 2004, section 153A.13, subdivision 4, is amended to read:
14.27 		Subd. 4.Hearing instrument dispensing. "Hearing instrument dispensing" means 
14.28 	making ear mold impressions, prescribing, or recommending a hearing instrument, 
14.29 	assisting the consumer in instrument selection, selling hearing instruments at retail, or 
14.30 	testing human hearing in connection with these activities when regardless of whether
14.31 	the person conducting these activities has a monetary interest in the sale of hearing 
14.32 	instruments to the consumer.

14.33 	EFFECTIVE DATE. This section is effective the day following final enactment.

15.1 	Sec. 17. Minnesota Statutes 2005 Supplement, section 153A.14, subdivision 4c, 
15.2 	is amended to read:
15.3 		Subd. 4c.Reciprocity. (a) A person applying for certification as a hearing 
15.4 	instrument dispenser under subdivision 1 who has dispensed hearing instruments 
15.5 	in another jurisdiction may dispense hearing instruments as a trainee under indirect 
15.6 	supervision if the person:
15.7 	(1) satisfies the provisions of subdivision 4a, paragraph (a);
15.8 	(2) submits a signed and dated affidavit stating that the applicant is not the subject of 
15.9 	a disciplinary action or past disciplinary action in this or another jurisdiction and is not 
15.10 	disqualified on the basis of section 153A.15, subdivision 1; and
15.11 	(3) provides a copy of a current credential as a hearing instrument dispenser held in 
15.12 	the District of Columbia or a state or territory of the United States.
15.13 	(b) A person becoming a trainee under this subdivision who fails to take and pass the 
15.14 	practical examination described in subdivision 2h, paragraph (a), clause (2), when next 
15.15 	offered must cease dispensing hearing instruments unless under direct supervision.

15.16 	EFFECTIVE DATE. This section is effective the day following final enactment.

15.17 	Sec. 18. Minnesota Statutes 2004, section 153A.15, is amended by adding a 
15.18 	subdivision to read:
15.19 		Subd. 5.Authority to contract. The commissioner shall contract with the health 
15.20 	professionals services program as authorized by sections 214.31 to 214.37 to provide these 
15.21 	services to practitioners under this chapter. The health professionals services program 
15.22 	does not affect the commissioner's authority to discipline violations of chapter 153A. 

15.23 	EFFECTIVE DATE. This section is effective the day following final enactment.

15.24 	Sec. 19. EXCEPTION TO SOCIAL WORK LICENSURE REQUIREMENTS.
 15.25 	Notwithstanding the requirements of Minnesota Statutes, sections 148D.001 to 
15.26 	148D.290, the Board of Social Work shall issue a license to practice as a licensed social 
15.27 	worker under Minnesota Statutes, chapter 148D, to an applicant who:
15.28 	(1) meets the requirements described in Minnesota Statutes, section 148D.055, 
15.29 	subdivision 2, paragraph (a), clauses (1), (3), (4), (5), and (6);
15.30 	(2) is currently licensed as a school social worker by the Board of Teaching under 
15.31 	Minnesota Statutes, chapter 122A; and
15.32 	(3) has been engaged in the practice of social work in an elementary, middle, or 
15.33 	secondary school, for the preceding 15 years.
16.1 	The board must accept applications under this section until August 1, 2006.

16.2 	EFFECTIVE DATE. This section is effective the day following final enactment.