1.1 	A bill for an act
1.2 	relating to health professions; changing licensing requirements for physical 
1.3 	therapists; imposing penalties;amending Minnesota Statutes 2006, sections 
1.4 	148.65, subdivisions 2, 3, by adding a subdivision; 148.67, subdivision 1; 
1.5 	148.70; 148.705; 148.706; 148.71; 148.73; 148.735; 148.736, subdivision 1; 
1.6 	148.74; 148.75; 148.754; 148.755; 148.76, subdivision 1; 148.78; proposing 
1.7 	coding for new law in Minnesota Statutes, chapter 148; repealing Minnesota 
1.8 	Statutes 2006, sections 148.691, subdivision 3; 148.71, subdivision 1; 148.72; 
1.9 	148.745; 148.775; Minnesota Rules, parts 5601.0200; 5601.0300; 5601.0400; 
1.10 	5601.0500; 5601.0600; 5601.0700; 5601.0800; 5601.1400; 5601.1500; 
1.11 	5601.1600; 5601.2800; 5601.2900; 5601.3000; 5601.3105; 5601.3110; 
1.12 	5601.3115; 5601.3120; 5601.3125; 5601.3130; 5601.3135; 5601.3140; 
1.13 	5601.3145; 5601.3150; 5601.3155; 5601.3160; 5601.3165.
1.14 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.15 	Section 1. Minnesota Statutes 2006, section 148.65, subdivision 2, is amended to read:
1.16 		Subd. 2.Physical therapist. "Physical therapist" means a person, licensed by the 
1.17 	board,  who practices physical therapy as defined in sections 148.65 to 148.78. 

1.18 	Sec. 2. Minnesota Statutes 2006, section 148.65, subdivision 3, is amended to read:
1.19 		Subd. 3.Physical therapist assistant. "Physical therapist assistant" means 
1.20 	a graduate of a physical therapist assistant educational program accredited by the 
1.21 	Commission on Accreditation in Physical Therapy Education (CAPTE) or a recognized 
1.22 	comparable national accrediting agency approved by the board. The physical therapist 
1.23 	assistant,person, licensed by the board, who provides physical therapy under the 
1.24 	direction and supervision of thea physical therapist, and who performs physical therapy 
1.25 	interventions and assists with coordination, communication, and documentation;, and 
1.26 	patient-client-related instruction. The physical therapist is not required to be on-site 
2.1 	except as required under Minnesota Rules, part 5601.1500, but must be easily available 
2.2 	by telecommunications.

2.3 	Sec. 3. Minnesota Statutes 2006, section 148.65, is amended by adding a subdivision 
2.4 	to read:
2.5 		Subd. 8.Licensee. "Licensee" means a person licensed as a physical therapist 
2.6 	or a physical therapist assistant.

2.7 	Sec. 4. Minnesota Statutes 2006, section 148.67, subdivision 1, is amended to read:
2.8 		Subdivision 1.Board of Physical Therapy appointed. The governor shall appoint 
2.9 	a state Board of Physical Therapy to administer sections 148.65 to 148.78, regarding the 
2.10 	qualifications and examination of physical therapists and physical therapist assistants. The 
2.11 	board shall consist of nine members, citizens and residents of the state of Minnesota, 
2.12 	composed of fourfive physical therapists, one licensed and registered doctor of medicine, 
2.13 	onetwo physical therapy assistanttherapist assistants and three public members. The four 
2.14 	physical therapist members and the physical therapist assistant members must be licensed 
2.15 	physical therapists in this state. Each of the four physical therapist members mustand have 
2.16 	at least five years' experience in physical therapy practice, physical therapy administration, 
2.17 	or physical therapy education. The five years' experience must immediately precede 
2.18 	appointment. Membership terms, compensation of members, removal of members, 
2.19 	filling of membership vacancies, and fiscal year and reporting requirements shall be as 
2.20 	provided in sections 214.07 to 214.09. The provision of staff, administrative services, and 
2.21 	office space; the review and processing of complaints; the setting of board fees; and 
2.22 	other provisions relating to board operations shall be as provided in chapter 214. Each 
2.23 	member of the board shall file with the secretary of state the constitutional oath of office 
2.24 	before beginning the term of office. 

2.25 	Sec. 5. Minnesota Statutes 2006, section 148.70, is amended to read:
2.26 	148.70 APPLICANTS, QUALIFICATIONS.
2.27 	The Board of Physical Therapy must:
2.28 	(1) establish the qualifications of applicants for licensing and continuing education 
2.29 	requirements for relicensing renewal of licensure;
2.30 	(2) provide for and conduct all examinations following satisfactory completion of 
2.31 	all didactic requirements;
2.32 	(3) determine the applicants who successfully pass the examination; and
3.1 	(4) duly license an applicant after the applicant has presented evidence satisfactory 
3.2 	to the board that the applicant has completed an accredited physical therapy educational 
3.3 	program of education or continuing education approved by the board met all requirements 
3.4 	for licensure as a physical therapist or physical therapist assistant.
3.5 	The passing score for examinations taken after July 1, 1995, shall be based on 
3.6 	objective, numerical standards, as established by a nationally recognized board approved 
3.7 	testing service.

3.8 	Sec. 6. Minnesota Statutes 2006, section 148.705, is amended to read:
3.9 	148.705 APPLICATION.
3.10 		Subdivision 1.Form; fee. An applicant for licensinglicensure as a physical 
3.11 	therapist or physical therapist assistant shall filesubmit a written application on forms 
3.12 	provided by the board together with athe appropriate fee in the amount set by the board. 
3.13 	No portion of the fee is refundable. No applicant will be approved to sit for the national 
3.14 	examination until the application is complete, as determined by the board.
3.15 	An approved program for physical therapists shall include the following:
3.16 	(1) a minimum of 60 academic semester credits or its equivalent from an accredited 
3.17 	college, including courses in the biological and physical sciences; and
3.18 	(2) an accredited course in physical therapy education which has provided adequate 
3.19 	instruction in the basic sciences, clinical sciences, and physical therapy theory and 
3.20 	procedures, as determined by the board. In determining whether or not a course in physical 
3.21 	therapy is approved, the board may take into consideration the accreditation of such 
3.22 	schools by the appropriate council of the American Medical Association, the American 
3.23 	Physical Therapy Association, or the Canadian Medical Association.
3.24 		Subd. 2.Contents of application. (a) The application must include the following 
3.25 	information:
3.26 	(1) evidence satisfactory to the board that the applicant has met the educational 
3.27 	requirements of section 148.721 or 148.722 as demonstrated by a certified copy of a 
3.28 	transcript;
3.29 	(2) recommendations by two physical therapists registered or licensed to practice 
3.30 	physical therapy in the United States or Canada attesting to the applicant's ethical and 
3.31 	moral character;
3.32 	(3) a recent full-face photograph of the applicant attached to the application with the 
3.33 	affidavit on the form completed and notarized;
4.1 	(4) a record of the applicant's high school, college, and board-approved physical 
4.2 	therapy school education listing the names, locations, dates of attendance, and diplomas, 
4.3 	degrees, or certificates awarded;
4.4 	(5) a record of the applicant's postgraduate work and military service;
4.5 	(6) a listing of the United States jurisdictions, and countries in which the applicant is 
4.6 	currently licensed or registered, or has been in the past, including the applicant's license or 
4.7 	registration certificate number, the date the license or registration was obtained, and the 
4.8 	method by which the license or registration was received;
4.9 	(7) a record of the applicant's current and previous physical therapy practice 
4.10 	experience;
4.11 	(8) a record of disciplinary action taken on past complaints, refusal of licensure or 
4.12 	registration, or denial of examination eligibility by another state board or physical therapy 
4.13 	society against the applicant;
4.14 	(9) a record of the applicant's personal use or administration of any controlled 
4.15 	substances and any treatment for alcohol or drug abuse;
4.16 	(10) a record by the applicant of any disease, illness, or injury that impairs the 
4.17 	applicant's ability to practice physical therapy;
4.18 	(11) a record of any convictions for crimes related to the practice of physical therapy, 
4.19 	felonies, gross misdemeanors, and crimes involving moral turpitude;
4.20 	(12) a listing of any memberships in a physical therapy professional association;
4.21 	(13) the applicant's name and address;
4.22 	(14) the applicant's Social Security number, alien registration card number, or tax 
4.23 	identification number, whichever is applicable;
4.24 	(15) completed copies of credentials verification forms provided by the board; and
4.25 	(16) any information deemed necessary by the board to evaluate the applicant.
4.26 	(b) A person who has previously practiced in another state shall submit the following 
4.27 	information for the five-year period of active practice preceding the date of filing 
4.28 	application in this state:
4.29 	(1) the name and address of the person's professional liability insurer in the other 
4.30 	state; and
4.31 	(2) the number, date, and disposition of any malpractice settlement or award made 
4.32 	to a plaintiff relating to the quality of services provided.

4.33 	Sec. 7. Minnesota Statutes 2006, section 148.706, is amended to read:
4.34 	148.706 SUPERVISION OF PHYSICAL THERAPIST ASSISTANTS, AIDES, 
4.35 	AND STUDENTS.
5.1 		Subdivision 1.Supervision. Every physical therapist who uses the services of a 
5.2 	physical therapist assistant or physical therapy aide for the purpose of assisting in the 
5.3 	practice of physical therapy is responsible for functions performed by the assistant or 
5.4 	aide while engaged in such assistance. The physical therapist shall delegate duties to the 
5.5 	physical therapist assistant and assign tasks to the physical therapy aide in accordance 
5.6 	with Minnesota Rules, part 5601.1400 subdivision 2. Physical therapists who instruct 
5.7 	student physical therapists and student physical therapist assistants are responsible for the 
5.8 	functions performed by the students and shall supervise the students as provided under 
5.9 	section 148.65, subdivisions 5 and 6. A licensed physical therapist may supervise no more 
5.10 	than two physical therapist assistants at any time.
5.11 		Subd. 2.Delegation of duties. The physical therapist may delegate patient 
5.12 	treatment procedures only to a physical therapist assistant who has sufficient didactic and 
5.13 	clinical preparation. The physical therapist may not delegate the following activities to the 
5.14 	physical therapist assistant or to other supportive personnel: patient evaluation, treatment 
5.15 	planning, initial treatment, change of treatment, and initial or final documentation.
5.16 		Subd. 3.Observation of physical therapist assistants. When components of a 
5.17 	patient's treatment are delegated to a physical therapist assistant, a physical therapist must 
5.18 	provide on-site observation of the treatment and documentation of its appropriateness at 
5.19 	least every six treatment sessions. The physical therapist is not required to be on-site, but 
5.20 	must be easily available by telecommunications.
5.21 		Subd. 4.Observation of physical therapy aides. The physical therapist must 
5.22 	observe the patient's status before and after the treatment administered by a physical 
5.23 	therapy aide. The physical therapy aide may perform tasks related to preparation of patient 
5.24 	and equipment for treatment, housekeeping, transportation, clerical duties, departmental 
5.25 	maintenance, and selected treatment procedures. The tasks must be performed under the 
5.26 	direct supervision of a physical therapist who is readily available for advice, instruction, 
5.27 	or immediate assistance.

5.28 	Sec. 8. Minnesota Statutes 2006, section 148.71, is amended to read:
5.29 	148.71 LICENSING TEMPORARY PERMITS.
5.30 		Subdivision 1.Qualified applicant. The state Board of Physical Therapy shall 
5.31 	license as a physical therapist and shall furnish a license to an applicant who successfully 
5.32 	passes an examination provided for in sections 148.65 to 148.78 for licensing as a physical 
5.33 	therapist and who is otherwise qualified as required in sections 148.65 to 148.78. 
5.34 		Subd. 2.Temporary permit Issuance. (a) The board may, upon completion of 
5.35 	the application prescribed by the board and payment of a fee set by the board, issue a 
6.1 	temporary permit to practice physical therapy under supervision to a physical therapist 
6.2 	who is a graduate of an approved school of physical therapyan applicant for licensure as a 
6.3 	physical therapist or physical therapist assistant who meets the educational requirements 
6.4 	of section 148.701 or 148.702 and qualified for admission to examination for licensing as 
6.5 	a physical therapist or physical therapist assistant. A temporary permit to practice physical 
6.6 	therapy under supervision may be issued only once and cannot be renewed. It expires 90 
6.7 	days after the next examination for licensing given by the board or on the date on which 
6.8 	the board, after examination of the applicant, grants or denies the applicant a license to 
6.9 	practice, whichever occurs first. A temporary permit expires on the first day the board 
6.10 	begins its next examination for license after the permit is issued if the holder does not 
6.11 	submit to examination on that date. The holder of a temporary permit to practice physical 
6.12 	therapy under supervision may practice physical therapy as defined in section 148.65 if 
6.13 	the entire practice is under the supervision of a person holding a valid license to practice 
6.14 	physical therapy in this state. The supervision shall be direct, immediate, and on premises. 
6.15 	(b) A physical therapistAn applicant from another state who is licensed or otherwise 
6.16 	registered in good standing as a physical therapist by that state and meets the requirements 
6.17 	for licensing under section 148.72 does not require supervision to practice physical therapy 
6.18 	while holding a temporary permit in this state. The temporary permit remains valid only 
6.19 	until the meeting of the board at which the application for licensing is considered. 
6.20 		Subd. 3.Foreign-trainedForeign-educated physical therapists; temporary 
6.21 	permits. (a) The Board of Physical Therapy may issue a temporary permit to a 
6.22 	foreign-trainedforeign-educated physical therapist who:
6.23 	(1) is enrolled in a supervised physical therapy traineeship that meets the 
6.24 	requirements under paragraph (b);
6.25 	(2) has completed a physical therapy education program equivalent to that under 
6.26 	section 148.705 and Minnesota Rules, part 5601.0800, subpart 2 148.701, and has 
6.27 	provided to the board a Foreign Credentialing Commission on Physical Therapy 
6.28 	(FCCPT) comprehensive credentials evaluation (Type I certificate) or FCCPT educational 
6.29 	credentials review demonstrating completion of the program; 
6.30 	(3) has achieved a passing score of at least 550pursuant to section 148.735, 
6.31 	subdivision 3, on the test of English as a foreign language or a score of at least 85 on 
6.32 	the Minnesota battery test an alternate equivalent examination, as determined by the 
6.33 	board; and
6.34 	(4) has paid a nonrefundable fee set by the board.
6.35 	A foreign-trainedforeign-educated physical therapist must have the temporary 
6.36 	permit before beginning a traineeship.
7.1 	(b) A supervised physical therapy traineeship must:
7.2 	(1) be at least six months;
7.3 	(2) be at a board-approved facility;
7.4 	(3) provide a broad base of clinical experience to the foreign-trainedforeign-educated 
7.5 	physical therapist including a variety of physical agents, therapeutic exercises, evaluation 
7.6 	procedures, and patient diagnoses;
7.7 	(4) be supervised by a physical therapist who has at least three years of clinical 
7.8 	experience and is licensed under subdivision 1; and
7.9 	(5) be approved by the board before the foreign-trainedforeign-educated physical 
7.10 	therapist begins the traineeship.
7.11 	(c) A temporary permit is effective on the first day of a traineeship and expires 90 
7.12 	days after the next examination for licensing given by the board following successful 
7.13 	completion of the traineeship or on the date on which the board, after examination of the 
7.14 	applicant, grants or denies the applicant a license to practice, whichever occurs first.
7.15 	(d) A foreign-trainedforeign-educated physical therapist must successfully complete 
7.16 	a traineeship to be licensed as a physical therapist under subdivision 1. The traineeship 
7.17 	may be waived for a foreign-trainedforeign-educated physical therapist who is licensed 
7.18 	or otherwise registered in good standing in another state and has successfully practiced 
7.19 	physical therapy in that state under the supervision of a licensed or registered physical 
7.20 	therapist for at least six months at a facility that meets the requirements under paragraph 
7.21 	(b), clauses (2) and (3).
7.22 	(e) A temporary permit will not be issued to a foreign-trainedforeign-educated 
7.23 	applicant who has been issued a temporary permit for longer than six months in any 
7.24 	other state.

7.25 	Sec. 9. [148.721] EDUCATIONAL REQUIREMENTS FOR LICENSED 
7.26 	PHYSICAL THERAPIST.
7.27 		Subdivision 1.Accredited program. All applicants for licensure as a physical 
7.28 	therapist must complete a course in physical therapy education accredited by the 
7.29 	Commission on Accreditation in Physical Therapy Education (CAPTE) or which meets 
7.30 	the accreditation requirements of CAPTE, as determined by the board.
7.31 		Subd. 2.General education. In addition to completion of the accredited program 
7.32 	required in subdivision 1, applicants must complete an additional 60 academic semester 
7.33 	credits or its quarter equivalent from an institution of higher education that is accredited 
7.34 	by a regional accrediting organization. Coursework used to satisfy this requirement may 
7.35 	not have been earned as part of the accredited program requirement of subdivision 1.

8.1 	Sec. 10. [148.722] EDUCATIONAL REQUIREMENTS FOR LICENSED 
8.2 	PHYSICAL THERAPIST ASSISTANT.
8.3 	All applicants for licensure as a physical therapist assistant must graduate from 
8.4 	a physical therapist assistant educational program accredited by the Commission 
8.5 	on Accreditation in Physical Therapy Education (CAPTE) or meet its standards, as 
8.6 	determined by the board.

8.7 	Sec. 11. [148.723] EXAMINATION FOR LICENSED PHYSICAL THERAPIST.
8.8 		Subdivision 1.National test. All applicants for licensure as a physical therapist 
8.9 	must take and pass the National Physical Therapy Examination (NPTE) administered by 
8.10 	the Federation of State Boards of Physical Therapy (FSBPT) or an alternate national 
8.11 	examination determined by the board to be equivalent. For purposes of this section, 
8.12 	passing scores are defined in subdivisions 2 and 3.
8.13 		Subd. 2.Examinations taken on or before July 1, 1995. The passing score for 
8.14 	qualifying examinations taken prior to July 1, 1995, is one standard deviation below the 
8.15 	mean of all persons taking the examination.
8.16 		Subd. 3.Examinations taken after July 1, 1995. The passing score for qualifying 
8.17 	examinations taken after July 1, 1995, shall be based on objective, numerical standards 
8.18 	established by the administering testing agency.

8.19 	Sec. 12. [148.724] EXAMINATION FOR LICENSED PHYSICAL THERAPIST 
8.20 	ASSISTANT.
8.21 		Subdivision 1.National test. All applicants for licensure as a physical therapist 
8.22 	assistant must take and pass the National Physical Therapy Examination (NPTE) for 
8.23 	physical therapist assistants administered by the Federation of State Boards of Physical 
8.24 	Therapy (FSBPT) or an alternate national examination determined by the board to be 
8.25 	equivalent. For purposes of this section, passing scores are defined in subdivisions 1 to 3.
8.26 		Subd. 2.Examinations taken on or before July 1, 1995. The passing score for 
8.27 	qualifying examinations taken prior to July 1, 1995, is one standard deviation below the 
8.28 	mean of all persons taking the examination.
8.29 		Subd. 3.Examinations taken after July 1, 1995. The passing score for qualifying 
8.30 	examinations taken after July 1, 1995, shall be based on objective, numerical standards 
8.31 	established by the administering testing agency.
8.32 		Subd. 4.Grandparenting provision. Applicants for licensure as a physical 
8.33 	therapist assistant who meet the educational requirements of section 148.722 prior to 
9.1 	September 1, 2007, are not required to take and pass the examination required by this 
9.2 	section. This provision expires on July 1, 2008.

9.3 	Sec. 13. [148.725] REQUIREMENTS FOR FOREIGN-EDUCATED 
9.4 	APPLICANTS.
9.5 		Subdivision 1.Scope and documentation. An applicant for licensure who is a 
9.6 	foreign-educated physical therapist must fulfill the requirements in subdivisions 2 to 5, 
9.7 	providing certified English translations of board-required relevant documentation.
9.8 		Subd. 2.Education evaluation. The applicant must present evidence of completion 
9.9 	of physical therapy schooling equivalent to that required in section 148.721 by having a 
9.10 	Type I comprehensive credentials evaluation or educational credentials review performed 
9.11 	by the Foreign Credentialing Commission on Physical Therapy (FCCPT). The evaluation 
9.12 	must be sent directly to the board from the FCCPT. The applicant shall be responsible for 
9.13 	the expenses incurred as a result of the evaluation.
9.14 		Subd. 3.English test. If not completed as part of the FCCPT Type I comprehensive 
9.15 	credentials evaluation, the applicant must demonstrate English language proficiency by 
9.16 	taking the test of English as a foreign language examination (TOEFL) and achieving a 
9.17 	passing score as established by the board, or a passing score on a comparable nationally 
9.18 	recognized examination approved by the board. For purposes of this subdivision, the 
9.19 	passing score adopted by the board shall be applied prospectively.
9.20 		Subd. 4.Experience. The applicant must have practiced satisfactorily for at least 
9.21 	six months under the supervision of a licensed physical therapist at a board-approved 
9.22 	facility. A facility that offers such practice must provide a broad base of experience 
9.23 	including a variety of physical agents, therapeutic exercises, evaluation procedures, and 
9.24 	patient diagnoses. Supervision must be provided by a licensed physical therapist with at 
9.25 	least three years of clinical experience. A proposed outline of clinical experiences must be 
9.26 	approved by the board before the facility begins offering the experience.
9.27 		Subd. 5.Examination. The applicant must satisfactorily complete the 
9.28 	board-approved examination as stated in section 148.72 or 148.73.

9.29 	Sec. 14. Minnesota Statutes 2006, section 148.73, is amended to read:
9.30 	148.73 RENEWALS.
9.31 	Every licensed physical therapist and physical therapist assistant shall, during each 
9.32 	January before January 1 each year, apply to the board for an extension of a license and 
9.33 	pay a fee in the amount set by the board. The extension of the license is contingent 
9.34 	upon demonstration that the continuing education requirements set by the board under 
10.1 	section 148.70 have been satisfied. For purposes of this section, the continuing education 
10.2 	requirements for physical therapist assistants are the same as those for physical therapists.

10.3 	Sec. 15. Minnesota Statutes 2006, section 148.735, is amended to read:
10.4 	148.735 CANCELLATION OF LICENSE IN GOOD STANDING.
10.5 		Subdivision 1.Board approval; reporting. A physical therapist or physical 
10.6 	therapist assistant holding an active license to practice physical therapy in the state may, 
10.7 	upon approval of the board, be granted license cancellation if the board is not investigating 
10.8 	the person as a result of a complaint or information received or if the board has not begun 
10.9 	disciplinary proceedings against the person. Such action by the board shall be reported as 
10.10 	a cancellation of a license in good standing.
10.11 		Subd. 2.Fees nonrefundable. A physical therapist or physical therapist assistant 
10.12 	who receives board approval for license cancellation is not entitled to a refund of any 
10.13 	license fees paid for the licensure year in which cancellation of the license occurred.
10.14 		Subd. 3.New license after cancellation. If a physical therapist or physical therapist 
10.15 	assistant who has been granted board approval for license cancellation desires to resume 
10.16 	the practice of physical therapy in Minnesota, that physical therapist or physical therapist 
10.17 	assistant must obtain a new license by applying for licensure and fulfilling the requirements 
10.18 	then in existence for obtaining an initial license to practice physical therapy in Minnesota.

10.19 	Sec. 16. Minnesota Statutes 2006, section 148.736, subdivision 1, is amended to read:
10.20 		Subdivision 1.Board approval; reporting. A physical therapist or physical 
10.21 	therapist assistant, whose right to practice is under suspension, condition, limitation, 
10.22 	qualification, or restriction by the board may be granted cancellation of credentials by 
10.23 	approval of the board. Such action by the board shall be reported as cancellation while 
10.24 	under discipline. Credentials, for purposes of this section, means board authorized 
10.25 	documentation of the privilege to practice physical therapy.

10.26 	Sec. 17. Minnesota Statutes 2006, section 148.74, is amended to read:
10.27 	148.74 RULES.
10.28 	The board may adopt rules needed to carry out sections 148.65 to 148.78. The 
10.29 	secretary-treasurer of the board shall keep a record of proceedings under these sections 
10.30 	and a register of all persons licensed under it. The register shall show the name, address, 
10.31 	date and number of the license, and the renewal of the license. Any other interested 
10.32 	person in the state may obtain a copy of the list on request to the board upon paying an 
10.33 	amount fixed by the board. The amount shall not exceed the cost of the list furnished. The 
11.1 	board shall provide blanks, books, certificates, and stationery and assistance necessary to 
11.2 	transact business of the board. All money received by the board under sections 148.65 to 
11.3 	148.78 shall be paid into the state treasury as provided for by law. The board shall set by 
11.4 	rule the amounts of the application fee and the annual licensing fee. The fees collected by 
11.5 	the board must be sufficient to cover the costs of administering sections 148.65 to 148.78.

11.6 	Sec. 18. Minnesota Statutes 2006, section 148.75, is amended to read:
11.7 	148.75 LICENSES; DENIAL, SUSPENSION, REVOCATION DISCIPLINARY 
11.8 	ACTION.
11.9 	(a) The state board of Physical Therapy may refuse to grant a license to any physical 
11.10 	therapist, or may suspend or revoke the license of any physical therapist for any of the 
11.11 	following grounds may impose disciplinary action specified in paragraph (b) against an 
11.12 	applicant or licensee whom the board, by a preponderance of the evidence, determines:
11.13 	(1) using drugs or intoxicating liquors to an extent which affects professional 
11.14 	competence;
11.15 	(2) conviction of a felony;
11.16 	(1) has violated a statute, rule, order, or agreement for corrective action that the 
11.17 	board issued or is otherwise authorized or empowered to enforce;
11.18 	(2) is unable to practice physical therapy with reasonable skill and safety by reason 
11.19 	of any mental or physical illness or condition, including deterioration through the aging 
11.20 	process or loss of motor skills, or use of alcohol, drugs, narcotics, chemicals, or any 
11.21 	other type of material;
11.22 	(3) has been convicted of or has pled guilty or nolo contendere to a felony or other 
11.23 	crime, an element of which is dishonesty or fraud, or has been shown to have engaged 
11.24 	in acts or practices tending to show that the applicant or licensee is incompetent or has 
11.25 	engaged in conduct reflecting adversely on the applicant's or licensee's ability or fitness to 
11.26 	engage in the practice of physical therapy;
11.27 	(3) conviction(4) has been convicted for violating any state or federal narcotic law;
11.28 	(4) obtaining(5) has obtained or attempted to obtain a license or attempting to 
11.29 	obtain a license, approval of continuing education activities, or passed an examination, by 
11.30 	fraud or deception;
11.31 	(5) conduct unbecoming a person licensed as a physical therapist or conduct 
11.32 	detrimental to the best interests of the public;
11.33 	(6) has engaged in unprofessional conduct or any other conduct which has the 
11.34 	potential for causing harm to the public, including any departure from or failure to 
12.1 	conform to the minimum standards of acceptable and prevailing practice without actual 
12.2 	injury having to be established;
12.3 	(6)(7) has engaged in gross negligence in the practice of physical therapy as a 
12.4 	physical therapist;
12.5 	(7) treating(8) has treated human ailments by physical therapy after an initial 30-day 
12.6 	period of patient admittance to treatment has lapsed, except by the order or referral of a 
12.7 	person licensed in this state in the practice of medicine as defined in section 147.081, the 
12.8 	practice of chiropractic as defined in section 148.01, the practice of podiatry as defined 
12.9 	in section 153.01, or the practice of dentistry as defined in section 150A.05 and whose 
12.10 	license is in good standing; or when a previous diagnosis exists indicating an ongoing 
12.11 	condition warranting physical therapy treatment, subject to periodic review defined by 
12.12 	board of physical therapy rule;
12.13 	(8) treating(9) has treated human ailments, without referral, by physical therapy 
12.14 	treatment without first having practiced one year under a physician's orders as verified by 
12.15 	the board's records;
12.16 	(9) failing(10) has failed to consult with the patient's health care provider who 
12.17 	prescribed the physical therapy treatment if the treatment is altered by the physical 
12.18 	therapist from the original written order. The provision does not include written orders to 
12.19 	"evaluate and treat";
12.20 	(10) treating human ailments other than by physical therapy unless duly licensed or 
12.21 	registered to do so under the laws of this state;
12.22 	(11) inappropriate delegationhas inappropriately delegated to a physical therapist 
12.23 	assistant or inappropriate task assignmentinappropriately assigned tasks to an aide, or 
12.24 	inadequate supervision ofinadequately supervised a student physical therapist, physical 
12.25 	therapist assistant, student physical therapist assistant, or a physical therapy aide;
12.26 	(12) practicinghas practiced as a physical therapist performing medical diagnosis, 
12.27 	the practice of medicine as defined in section 147.081, or the practice of chiropractic as 
12.28 	defined in section 148.01;
12.29 	(13) failinghas failed to comply with a reasonable request to obtain appropriate 
12.30 	clearance for mental or physical conditions that would interfere with the ability to practice 
12.31 	physical therapy, and that may be potentially harmful to patients;
12.32 	(14) dividinghas divided fees with, or paying or promising to pay a commission or 
12.33 	part of the fee to, any person who contacts the physical therapist for consultation or sends 
12.34 	patients to the physical therapist for treatment;
12.35 	(15) engaginghas engaged in an incentive payment arrangement, other than that 
12.36 	prohibited by clause (14), that tends to promote physical therapy overuse, that allows the 
13.1 	referring person or person who controls the availability of physical therapy services to a 
13.2 	client to profit unreasonably as a result of patient treatment;
13.3 	(16) practicing physical therapy and failinghas failed to refer to a licensed health 
13.4 	care professional a patient whose medical condition at the time of evaluation has been 
13.5 	determined by the physical therapist to be beyond the scope of practice of a physical 
13.6 	therapist;
13.7 	(17) failinghas failed to report to the board other licensed physical therapists
13.8 	licensees who violate this section; and
13.9 	(18) practicinghas engaged in the practice of physical therapy under lapsed or 
13.10 	nonrenewed credentials.;
13.11 	(19) has had a license, certificate, charter, registration, privilege to take an 
13.12 	examination, or other similar authority denied, revoked, suspended, canceled, limited, 
13.13 	reprimanded, or otherwise disciplined, or not renewed for cause in any jurisdiction; or has 
13.14 	surrendered or voluntarily terminated a license or certificate during a board investigation 
13.15 	of a complaint, as part of a disciplinary order, or while under a disciplinary order;
13.16 	(20) has been subject to a corrective action or similar action in another jurisdiction 
13.17 	or by another regulatory authority; or
13.18 	(21) has failed to cooperate with an investigation of the board, including responding 
13.19 	fully and promptly to any question raised by or on behalf of the board relating to the 
13.20 	subject of the investigation, executing all releases requested by the board, providing copies 
13.21 	of patient records, as reasonably requested by the board to assist it in its investigation, and 
13.22 	appearing at conferences or hearings scheduled by the board or its staff.
13.23 	(b) If grounds for disciplinary action exist under paragraph (a), the board may take 
13.24 	one or more of the following actions:
13.25 	(1) deny the application for licensure;
13.26 	(2) deny the renewal of the license;
13.27 	(3) revoke the license;
13.28 	(4) suspend the license;
13.29 	(5) impose limitations or conditions on the licensee's practice of physical therapy, 
13.30 	including the: (i) limitation of scope of practice to designated field specialties; (ii) 
13.31 	imposition of retraining or rehabilitation requirements; (iii) requirement of practice under 
13.32 	supervision; or (iv) conditioning of continued practice on demonstration of knowledge or 
13.33 	skills by appropriate examination, monitoring, or other review of skill and competence;
13.34 	(6) impose a civil penalty not to exceed $10,000 for each separate violation, 
13.35 	the amount of the civil penalty to be fixed so as to deprive the physical therapist of 
13.36 	any economic advantage gained by reason of the violation charged, to discourage 
14.1 	similar violations, or to reimburse the board for the cost of the investigation and 
14.2 	proceeding including, but not limited to, fees paid for services provided by the Office of 
14.3 	Administrative Hearings, legal and investigative services provided by the Office of the 
14.4 	Attorney General, court reporters, witnesses, reproduction of records, board members' 
14.5 	per diem compensation, board staff time, and travel costs and expenses incurred by board 
14.6 	staff and board members;
14.7 	(7) order the licensee to provide unremunerated service;
14.8 	(8) censure or reprimand the licensee; or
14.9 	(9) any other action as allowed by law and justified by the facts of the case.
14.10 	(b)(c) A license to practice as a physical therapist or physical therapist assistant is 
14.11 	automatically suspended if (1) a guardian of the physical therapistlicensee is appointed 
14.12 	by order of a court pursuant to sections 524.5-101 to 524.5-502, for reasons other than 
14.13 	the minority of the physical therapist licensee; or (2) the physical therapistlicensee is 
14.14 	committed by order of a court pursuant to chapter 253B. The license remains suspended 
14.15 	until the physical therapistlicensee is restored to capacity by a court and, upon petition 
14.16 	by the physical therapist licensee, the suspension is terminated by the Board of Physical 
14.17 	Therapy after a hearing.

14.18 	Sec. 19. Minnesota Statutes 2006, section 148.754, is amended to read:
14.19 	148.754 EXAMINATION; ACCESS TO MEDICAL DATA.
14.20 	(a) If the board has probable cause to believe that a physical therapistlicensee 
14.21 	comes under section 148.75, paragraph (a), clause (2), it may direct the physical therapist
14.22 	licensee to submit to a mental or physical examination. For the purpose of this paragraph, 
14.23 	every physical therapistlicensee is deemed to have consented to submit to a mental or 
14.24 	physical examination when directed in writing by the board and further to have waived 
14.25 	all objections to the admissibility of the examining physicians' testimony or examination 
14.26 	reports on the ground that they constitute a privileged communication. Failure of the 
14.27 	physical therapistlicensee to submit to an examination when directed constitutes an 
14.28 	admission of the allegations against the person, unless the failure was due to circumstances 
14.29 	beyond the person's control, in which case a default and final order may be entered without 
14.30 	the taking of testimony or presentation of evidence. A physical therapistlicensee affected 
14.31 	under this paragraph shall, at reasonable intervals, be given an opportunity to demonstrate 
14.32 	that the person can resume the competent practice of physical therapy with reasonable 
14.33 	skill and safety to the public.
15.1 	(b) In any proceeding under paragraph (a), neither the record of proceedings nor 
15.2 	the orders entered by the board shall be used against a physical therapistlicensee in any 
15.3 	other proceeding.
15.4 	(c) In addition to ordering a physical or mental examination, the board may, 
15.5 	notwithstanding section 13.384, 144.651, or any other law limiting access to medical 
15.6 	or other health data, obtain medical data and health records relating to a physical 
15.7 	therapistlicensee or applicant without the person's or applicant's consent if the board has 
15.8 	probable cause to believe that a physical therapistthe person comes under paragraph 
15.9 	(a). The medical data may be requested from a provider, as defined in section 144.335, 
15.10 	subdivision 1, paragraph (b), an insurance company, or a government agency, including 
15.11 	the Department of Human Services. A provider, insurance company, or government 
15.12 	agency shall comply with any written request of the board under this paragraph and is 
15.13 	not liable in any action for damages for releasing the data requested by the board if the 
15.14 	data are released pursuant to a written request under this paragraph, unless the information 
15.15 	is false and the provider giving the information knew, or had reason to believe, the 
15.16 	information was false. Information obtained under this paragraph is classified as private 
15.17 	under sections 13.01 to 13.87.

15.18 	Sec. 20. Minnesota Statutes 2006, section 148.755, is amended to read:
15.19 	148.755 TEMPORARY SUSPENSION OF LICENSE.
15.20 	In addition to any other remedy provided by law, the board may, without a hearing, 
15.21 	temporarily suspend the license of a physical therapistlicensee if the board finds that the 
15.22 	physical therapistlicensee has violated a statute or rule which the board is empowered to 
15.23 	enforce and continued practice by the physical therapistlicensee would create a serious 
15.24 	risk of harm to the public. The suspension shall take effect upon written notice to the 
15.25 	physical therapist licensee, specifying the statute or rule violated. The suspension shall 
15.26 	remain in effect until the board issues a final order in the matter after a hearing. At the 
15.27 	time it issues the suspension notice, the board shall schedule a disciplinary hearing to be 
15.28 	held pursuant to the Administrative Procedure Act, chapter 14. The physical therapist
15.29 	licensee shall be provided with at least 20 days' notice of any hearing held pursuant to this 
15.30 	section. The hearing shall be scheduled to begin no later than 30 days after the issuance 
15.31 	of the suspension order.

15.32 	Sec. 21. Minnesota Statutes 2006, section 148.76, subdivision 1, is amended to read:
15.33 		Subdivision 1.Licensure required. No person shall:
16.1 	(1) provide physical therapy unless the person is licensed as a physical therapist or 
16.2 	physical therapist assistant under sections 148.65 to 148.78; 
16.3 	(2) use the title of physical therapist without a license as a physical therapist, or use 
16.4 	the title physical therapist assistant without a license as a physical therapist assistant
16.5 	issued under sections 148.65 to 148.78; 
16.6 	(3) in any manner hold out as a physical therapist, or use in connection with the 
16.7 	person's name the words or letters Physical Therapist, Physiotherapist, Physical Therapy 
16.8 	Technician, Registered Physical Therapist, Licensed Physical Therapist, PT, PTT, RPT, 
16.9 	LPT, or any letters, words, abbreviations or insignia indicating or implying that the person 
16.10 	is a physical therapist, without a license as a physical therapist issued under sections 
16.11 	148.65 to 148.78. To do so is a gross misdemeanor; 
16.12 	(4) in any manner hold out as a physical therapist assistant, or use in connection with 
16.13 	the person's name the words or letters Physical Therapist Assistant, P.T.A., or any letters, 
16.14 	words, abbreviations, or insignia indicating or implying that the person is a physical 
16.15 	therapist assistant, without a license as a physical therapist assistant under sections 148.65 
16.16 	to 148.78. To do so is a gross misdemeanor; or
16.17 	(4)(5) employ fraud or deception in applying for or securing a license as a physical 
16.18 	therapist or physical therapist assistant.
16.19 	Nothing in sections 148.65 to 148.78 prohibits a person licensed or registered in this 
16.20 	state under another law from carrying out the therapy or practice for which the person is 
16.21 	duly licensed or registered. 

16.22 	Sec. 22. Minnesota Statutes 2006, section 148.78, is amended to read:
16.23 	148.78 PROSECUTION, ALLEGATIONS.
16.24 	In the prosecution of any person for violation of sections 148.65 to 148.78 as 
16.25 	specified in section 148.76, it shall not be necessary to allege or prove want of a valid 
16.26 	license as a physical therapist or physical therapist assistant, but shall be a matter of 
16.27 	defense to be established by the accused. 

16.28 	Sec. 23. [148.785] FEES.
16.29 	The fees charged by the board are fixed at the following rates:
16.30 	(1) application fee for physical therapists and physical therapist assistants, $100;
16.31 	(2) annual licensure for physical therapists and physical therapist assistants, $60;
16.32 	(3) licensure renewal late fee, $20;
16.33 	(4) temporary permit, $25;
16.34 	(5) duplicate license or registration, $20;
17.1 	(6) certification letter, $25;
17.2 	(7) education or training program approval, $100;
17.3 	(8) report creation and generation, $60 per hour billed in quarter-hour increments 
17.4 	with a quarter-hour minimum; and
17.5 	(9) examination administration:
17.6 	(i) half day, $50; and
17.7 	(ii) full day, $80.

17.8 	Sec. 24. APPLICABILITY OF RULES.
 17.9 	Minnesota Rules, parts 5601.0100 to 5601.3200, apply both to physical therapists 
17.10 	and physical therapist assistants, except parts 5601.1200; 5601.1300; 5601.1800; 
17.11 	5601.1900; 5601.2000; 5601.3200, subpart 2, item D; and 5601.3200, subpart 5, only 
17.12 	apply to physical therapists.

17.13 	Sec. 25.  REPEALER.
 17.14 	(a) Minnesota Statutes 2006, sections 148.691, subdivision 3; 148.71, subdivision 1; 
17.15 	148.72; 148.745; and 148.775, are repealed.
17.16 	(b) Minnesota Rules, parts 5601.0200; 5601.0300; 5601.0400; 5601.0500; 
17.17 	5601.0600; 5601.0700; 5601.0800; 5601.1400; 5601.1500; 5601.1600; 5601.2800; 
17.18 	5601.2900; 5601.3000; 5601.3105; 5601.3110; 5601.3115; 5601.3120; 5601.3125; 
17.19 	5601.3130; 5601.3135; 5601.3140; 5601.3145; 5601.3150; 5601.3155; 5601.3160; and 
17.20 	5601.3165, are repealed.