1.1 	A bill for an act
1.2 	relating to health occupations; changing provisions for chiropractors, 
1.3 	pharmacists, respiratory therapists, physician assistants, psychologists, 
1.4 	nutritionists, and social work; licensing dental therapists and oral health 
1.5 	practitioners; setting fees;amending Minnesota Statutes 2008, sections 62M.09, 
1.6 	subdivision 3a; 62U.09, subdivision 2; 144.1501, subdivision 1; 144E.001, 
1.7 	subdivisions 3a, 9c; 147.09; 147A.01; 147A.02; 147A.03; 147A.04; 147A.05; 
1.8 	147A.06; 147A.07; 147A.08; 147A.09; 147A.11; 147A.13; 147A.16; 147A.18; 
1.9 	147A.19; 147A.20; 147A.21; 147A.23; 147A.24; 147A.26; 147A.27; 147C.01; 
1.10 	147C.05; 147C.10; 147C.15; 147C.20; 147C.25; 147C.30; 147C.35; 147C.40; 
1.11 	148.06, subdivision 1; 148.624, subdivision 2; 148.89, subdivision 5; 148D.010, 
1.12 	subdivisions 9, 15, by adding subdivisions; 148D.025, subdivisions 2, 3; 
1.13 	148D.061, subdivisions 6, 8; 148D.062, subdivision 2; 148D.063, subdivision 
1.14 	2; 148D.125, subdivisions 1, 3; 148E.010, subdivisions 11, 17, by adding 
1.15 	subdivisions; 148E.025, subdivisions 2, 3; 148E.055, subdivision 5; 148E.100, 
1.16 	subdivisions 3, 4, 5, 6, 7, by adding a subdivision; 148E.105, subdivisions 1, 3, 5, 
1.17 	7, by adding a subdivision; 148E.106, subdivisions 1, 2, 3, 4, 5, 8, 9, by adding 
1.18 	a subdivision; 148E.110, subdivisions 1, 2, by adding subdivisions; 148E.115, 
1.19 	subdivision 1, by adding a subdivision; 148E.120; 148E.125, subdivisions 1, 3; 
1.20 	148E.130, subdivisions 2, 5, by adding a subdivision; 148E.165, subdivision 
1.21 	1; 150A.01, by adding subdivisions; 150A.05, subdivision 2, by adding 
1.22 	subdivisions; 150A.06, subdivisions 2d, 5, 6, by adding subdivisions; 150A.08, 
1.23 	subdivisions 1, 3a, 5; 150A.09, subdivisions 1, 3; 150A.091, subdivisions 2, 3, 
1.24 	5, 8, 10; 150A.10, subdivisions 1, 2, 3, 4; 150A.11, subdivision 4; 150A.12; 
1.25 	150A.21, subdivisions 1, 4; 151.01, subdivision 23; 151.37, subdivision 2; 
1.26 	169.345, subdivision 2; 214.103, subdivision 9; 253B.02, subdivision 7; 
1.27 	253B.05, subdivision 2; 256B.0625, subdivision 28a; 256B.0751, subdivision 1; 
1.28 	proposing coding for new law in Minnesota Statutes, chapter 150A; repealing 
1.29 	Minnesota Statutes 2008, sections 147A.22; 148.627; 148D.062, subdivision 5; 
1.30 	148D.125, subdivision 2; 148D.180, subdivision 8; 148E.106, subdivision 6; 
1.31 	148E.125, subdivision 2; 150A.061.
1.32 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

2.1 	ARTICLE 1
2.2 	HEALTH-RELATED LICENSING BOARD

2.3 	Section 1. Minnesota Statutes 2008, section 214.103, subdivision 9, is amended to read:
2.4 		Subd. 9.Information to complainant. A board shall furnish to a person who 
2.5 	made a complaint a written description of the board's complaint process, and actions of 
2.6 	the board relating to the complaint. The written notice from the board must advise the 
2.7 	complainant of the right to appeal the board's decision to the attorney general within 
2.8 	30 days of receipt of the notice.

2.9 	ARTICLE 2
2.10 	CHIROPRACTORS

2.11 	Section 1. Minnesota Statutes 2008, section 148.06, subdivision 1, is amended to read:
2.12 		Subdivision 1.License required; qualifications. No person shall practice 
2.13 	chiropractic in this state without first being licensed by the state Board of Chiropractic 
2.14 	Examiners. The applicant shall have earned at least one-half of all academic credits 
2.15 	required for awarding of a baccalaureate degree from the University of Minnesota, or 
2.16 	other university, college, or community college of equal standing, in subject matter 
2.17 	determined by the board, and taken a four-year resident course of at least eight months 
2.18 	each in a school or college of chiropractic or in a chiropractic program that is accredited 
2.19 	by the Council on Chiropractic Education, holds a recognition agreement with the 
2.20 	Council on Chiropractic Education, or is accredited by an agency approved by the United 
2.21 	States Office of Education or their successors as of January 1, 1988, or is approved by a 
2.22 	Council on Chiropractic Education member organization of the Council on Chiropractic 
2.23 	International. The board may issue licenses to practice chiropractic without compliance 
2.24 	with prechiropractic or academic requirements listed above if in the opinion of the board 
2.25 	the applicant has the qualifications equivalent to those required of other applicants, the 
2.26 	applicant satisfactorily passes written and practical examinations as required by the Board 
2.27 	of Chiropractic Examiners, and the applicant is a graduate of a college of chiropractic 
2.28 	with a recognition agreement with the Council on Chiropractic Education approved by a 
2.29 	Council on Chiropractic Education member organization of the Council on Chiropractic 
2.30 	International. The board may recommend a two-year prechiropractic course of instruction 
2.31 	to any university, college, or community college which in its judgment would satisfy the 
2.32 	academic prerequisite for licensure as established by this section.
2.33 	An examination for a license shall be in writing and shall include testing in:
3.1 	(a) The basic sciences including but not limited to anatomy, physiology, bacteriology, 
3.2 	pathology, hygiene, and chemistry as related to the human body or mind;
3.3 	(b) The clinical sciences including but not limited to the science and art of 
3.4 	chiropractic, chiropractic physiotherapy, diagnosis, roentgenology, and nutrition; and
3.5 	(c) Professional ethics and any other subjects that the board may deem advisable.
3.6 	The board may consider a valid certificate of examination from the National Board 
3.7 	of Chiropractic Examiners as evidence of compliance with the examination requirements 
3.8 	of this subdivision. The applicant shall be required to give practical demonstration in 
3.9 	vertebral palpation, neurology, adjusting and any other subject that the board may deem 
3.10 	advisable. A license, countersigned by the members of the board and authenticated by the 
3.11 	seal thereof, shall be granted to each applicant who correctly answers 75 percent of the 
3.12 	questions propounded in each of the subjects required by this subdivision and meets the 
3.13 	standards of practical demonstration established by the board. Each application shall be 
3.14 	accompanied by a fee set by the board. The fee shall not be returned but the applicant 
3.15 	may, within one year, apply for examination without the payment of an additional fee. The 
3.16 	board may grant a license to an applicant who holds a valid license to practice chiropractic 
3.17 	issued by the appropriate licensing board of another state, provided the applicant meets 
3.18 	the other requirements of this section and satisfactorily passes a practical examination 
3.19 	approved by the board. The burden of proof is on the applicant to demonstrate these 
3.20 	qualifications or satisfaction of these requirements.

3.21 	ARTICLE 3
3.22 	PHARMACISTS

3.23 	Section 1. Minnesota Statutes 2008, section 151.37, subdivision 2, is amended to read:
3.24 		Subd. 2.Prescribing and filing. (a) A licensed practitioner in the course of 
3.25 	professional practice only, may prescribe, administer, and dispense a legend drug, and may 
3.26 	cause the same to be administered by a nurse, a physician assistant, or medical student or 
3.27 	resident under the practitioner's direction and supervision, and may cause a person who 
3.28 	is an appropriately certified, registered, or licensed health care professional to prescribe, 
3.29 	dispense, and administer the same within the expressed legal scope of the person's practice 
3.30 	as defined in Minnesota Statutes. A licensed practitioner may prescribe a legend drug, 
3.31 	without reference to a specific patient, by directing a nurse, pursuant to section 148.235, 
3.32 	subdivisions 8 and 9, physician assistant, or medical student or resident, or pharmacist 
3.33 	according to section 151.01, subdivision 27, to adhere to a particular practice guideline or 
3.34 	protocol when treating patients whose condition falls within such guideline or protocol, 
3.35 	and when such guideline or protocol specifies the circumstances under which the legend 
4.1 	drug is to be prescribed and administered. An individual who verbally, electronically, or 
4.2 	otherwise transmits a written, oral, or electronic order, as an agent of a prescriber, shall 
4.3 	not be deemed to have prescribed the legend drug. This paragraph applies to a physician 
4.4 	assistant only if the physician assistant meets the requirements of section 147A.18.
4.5 	(b) A licensed practitioner that dispenses for profit a legend drug that is to be 
4.6 	administered orally, is ordinarily dispensed by a pharmacist, and is not a vaccine, must 
4.7 	file with the practitioner's licensing board a statement indicating that the practitioner 
4.8 	dispenses legend drugs for profit, the general circumstances under which the practitioner 
4.9 	dispenses for profit, and the types of legend drugs generally dispensed. It is unlawful to 
4.10 	dispense legend drugs for profit after July 31, 1990, unless the statement has been filed 
4.11 	with the appropriate licensing board. For purposes of this paragraph, "profit" means (1) 
4.12 	any amount received by the practitioner in excess of the acquisition cost of a legend drug 
4.13 	for legend drugs that are purchased in prepackaged form, or (2) any amount received 
4.14 	by the practitioner in excess of the acquisition cost of a legend drug plus the cost of 
4.15 	making the drug available if the legend drug requires compounding, packaging, or other 
4.16 	treatment. The statement filed under this paragraph is public data under section 13.03. 
4.17 	This paragraph does not apply to a licensed doctor of veterinary medicine or a registered 
4.18 	pharmacist. Any person other than a licensed practitioner with the authority to prescribe, 
4.19 	dispense, and administer a legend drug under paragraph (a) shall not dispense for profit. 
4.20 	To dispense for profit does not include dispensing by a community health clinic when the 
4.21 	profit from dispensing is used to meet operating expenses.
4.22 	(c) A prescription or drug order for the following drugs is not valid, unless it can be 
4.23 	established that the prescription or order was based on a documented patient evaluation, 
4.24 	including an examination, adequate to establish a diagnosis and identify underlying 
4.25 	conditions and contraindications to treatment:
4.26 	(1) controlled substance drugs listed in section 152.02, subdivisions 3 to 5;
4.27 	(2) drugs defined by the Board of Pharmacy as controlled substances under section 
4.28 	152.02, subdivisions 7, 8, and 12;
4.29 	(3) muscle relaxants;
4.30 	(4) centrally acting analgesics with opioid activity;
4.31 	(5) drugs containing butalbital; or
4.32 	(6) phoshodiesterase type 5 inhibitors when used to treat erectile dysfunction.
4.33 	(d) For the purposes of paragraph (c), the requirement for an examination shall be 
4.34 	met if an in-person examination has been completed in any of the following circumstances:
4.35 	(1) the prescribing practitioner examines the patient at the time the prescription 
4.36 	or drug order is issued;
5.1 	(2) the prescribing practitioner has performed a prior examination of the patient;
5.2 	(3) another prescribing practitioner practicing within the same group or clinic as the 
5.3 	prescribing practitioner has examined the patient;
5.4 	(4) a consulting practitioner to whom the prescribing practitioner has referred the 
5.5 	patient has examined the patient; or
5.6 	(5) the referring practitioner has performed an examination in the case of a 
5.7 	consultant practitioner issuing a prescription or drug order when providing services by 
5.8 	means of telemedicine.
5.9 	(e) Nothing in paragraph (c) or (d) prohibits a licensed practitioner from prescribing 
5.10 	a drug through the use of a guideline or protocol pursuant to paragraph (a).
5.11 	(f) Nothing in this chapter prohibits a licensed practitioner from issuing a 
5.12 	prescription or dispensing a legend drug in accordance with the Expedited Partner Therapy 
5.13 	in the Management of Sexually Transmitted Diseases guidance document issued by the 
5.14 	United States Centers for Disease Control.
5.15 	(g) Nothing in paragraph (c) or (d) limits prescription, administration, or dispensing 
5.16 	of legend drugs through a public health clinic or other distribution mechanism approved 
5.17 	by the commissioner of health or a board of health in order to prevent, mitigate, or treat 
5.18 	a pandemic illness, infectious disease outbreak, or intentional or accidental release of a 
5.19 	biological, chemical, or radiological agent.
5.20 	(h) No pharmacist employed by, under contract to, or working for a pharmacy 
5.21 	licensed under section 151.19, subdivision 1, may dispense a legend drug based on a 
5.22 	prescription that the pharmacist knows, or would reasonably be expected to know, is not 
5.23 	valid under paragraph (c).
5.24 	(i) No pharmacist employed by, under contract to, or working for a pharmacy 
5.25 	licensed under section 151.19, subdivision 2, may dispense a legend drug to a resident 
5.26 	of this state based on a prescription that the pharmacist knows, or would reasonably be 
5.27 	expected to know, is not valid under paragraph (c).

5.28 	ARTICLE 4
5.29 	RESPIRATORY THERAPY

5.30 	Section 1. Minnesota Statutes 2008, section 147C.01, is amended to read:
5.31 	147C.01 DEFINITIONS.
5.32 		Subdivision 1.Applicability. The definitions in this section apply to this chapter.
5.33 		Subd. 2.Advisory council. "Advisory council" means the Respiratory Care 
5.34 	Practitioner Advisory Council established under section 147C.35.  
6.1 		Subd. 3.Approved education program. "Approved education program" means a 
6.2 	university, college, or other postsecondary education program leading to eligibility for 
6.3 	registry or certification in respiratory care, that, at the time the student completes the 
6.4 	program, is accredited by a national accrediting organization approved by the board.
6.5 		Subd. 4.Board. "Board" means the Board of Medical Practice or its designee.
6.6 		Subd. 5.Contact hour. "Contact hour" means an instructional session of 50 
6.7 	consecutive minutes, excluding coffee breaks, registration, meals without a speaker, and 
6.8 	social activities.
6.9 		Subd. 6.Credential. "Credential" means a license, permit, certification, registration,
6.10 	or other evidence of qualification or authorization to engage in respiratory care practice in 
6.11 	this state or any other state.
6.12 		Subd. 7.Credentialing examination. "Credentialing examination" means an 
6.13 	examination administered by the National Board for Respiratory Care or other national 
6.14 	testing organization approved by the board, its successor organization, or the Canadian 
6.15 	Society for Respiratory Care for credentialing as a certified respiratory therapy technician, 
6.16 	registered respiratory therapist, or other title indicating an entry or advanced level 
6.17 	respiratory care practitioner.
6.18 		Subd. 7a.Equipment maintenance. "Equipment maintenance" includes, but is not 
6.19 	limited to, downloading and subsequent reporting of stored compliance and physiological 
6.20 	data, and adjustments to respiratory equipment based on compliance downloads, protocols, 
6.21 	and provider orders specific to noninvasive CPAP/Bilevel devices.
6.22 		Subd. 8.Health care facility. "Health care facility" means a hospital as defined in 
6.23 	section 144.50, subdivision 2, a medical facility as defined in section 144.561, subdivision 
6.24 	1, paragraph (b), or a nursing home as defined in section 144A.01, subdivision 5, a 
6.25 	long-term acute care facility, a subacute care facility, an outpatient clinic, a physician's 
6.26 	office, a rehabilitation facility, or a hospice.  
6.27 		Subd. 9.Qualified medical direction. "Qualified medical direction" means 
6.28 	direction from a licensed physician who is on the staff or is a consultant of a health care 
6.29 	facility or home care agency or home medical equipment provider and who has a special 
6.30 	interest in and knowledge of the diagnosis and treatment of deficiencies, abnormalities, 
6.31 	and diseases of the cardiopulmonary system.
6.32 		Subd. 9a.Patient instruction. "Patient instruction" includes, but is not limited to, 
6.33 	patient education on the care, use, and maintenance of respiratory equipment, and patient 
6.34 	interface fittings and adjustments.
6.35 		Subd. 10.Respiratory care. "Respiratory care" means the provision of services 
6.36 	described under section 147C.05 for the assessment, treatment, education, management, 
7.1 	evaluation, and care of patients with deficiencies, abnormalities, and diseases of the 
7.2 	cardiopulmonary system, under the guidance of qualified medical direction supervision of 
7.3 	a physician and pursuant to a referral, or verbal, written, or telecommunicated order from 
7.4 	a physician who has medical responsibility for the patient, nurse practitioner, or physician 
7.5 	assistant. It Respiratory care includes, but is not limited to, education pertaining to health 
7.6 	promotion and, disease prevention and management, patient care, and treatment.  

7.7 	Sec. 2. Minnesota Statutes 2008, section 147C.05, is amended to read:
7.8 	147C.05 SCOPE OF PRACTICE.
7.9 	(a) The practice of respiratory care by a registered licensed respiratory care 
7.10 	practitioner therapist includes, but is not limited to, the following services:
7.11 	(1) providing and monitoring therapeutic administration of medical gases, aerosols, 
7.12 	humidification, and pharmacological agents related to respiratory care procedures, but not 
7.13 	including administration of general anesthesia;
7.14 	(2) carrying out therapeutic application and monitoring of mechanical ventilatory 
7.15 	support;
7.16 	(3) providing cardiopulmonary resuscitation and maintenance of natural airways and 
7.17 	insertion and maintenance of artificial airways;
7.18 	(4) assessing and monitoring signs, symptoms, and general behavior relating to, and 
7.19 	general physical response to, respiratory care treatment or evaluation for treatment and 
7.20 	diagnostic testing, including determination of whether the signs, symptoms, reactions, 
7.21 	behavior, or general response exhibit abnormal characteristics;
7.22 	(5) obtaining physiological specimens and interpreting physiological data including:
7.23 	(i) analyzing arterial and venous blood gases;
7.24 	(ii) assessing respiratory secretions;
7.25 	(iii) measuring ventilatory volumes, pressures, and flows;
7.26 	(iv) testing pulmonary function;
7.27 	(v) testing and studying the cardiopulmonary system; and
7.28 	(vi) diagnostic and therapeutic testing of breathing patterns related to sleep disorders;
7.29 	(6) assisting hemodynamic monitoring and support of the cardiopulmonary system;
7.30 	(7) assessing and making suggestions for modifications in the treatment regimen 
7.31 	based on abnormalities, protocols, or changes in patient response to respiratory care 
7.32 	treatment;
7.33 	(8) providing cardiopulmonary rehabilitation including respiratory-care related 
7.34 	educational components, postural drainage, chest physiotherapy, breathing exercises, 
7.35 	aerosolized administration of medications, and equipment use and maintenance;
8.1 	(9) instructing patients and their families in techniques for the prevention, alleviation, 
8.2 	and rehabilitation of deficiencies, abnormalities, and diseases of the cardiopulmonary 
8.3 	system; and
8.4 	(10) transcribing and implementing verbal, written, or telecommunicated orders from 
8.5 	a physician orders, nurse practitioner, or physician assistant for respiratory care services.
8.6 	(b) Patient service by a practitioner must be limited to:
8.7 	(1) services within the training and experience of the practitioner; and
8.8 	(2) services within the parameters of the laws, rules, and standards of the facilities in 
8.9 	which the respiratory care practitioner practices.
8.10 	(c) Respiratory care services provided by a registered respiratory care practitioner, 
8.11 	whether delivered in a health care facility or the patient's residence, must not be provided 
8.12 	except upon referral from a physician.
8.13 	(b) This section does not prohibit a respiratory therapist from performing advances 
8.14 	in the art and techniques of respiratory care learned through formal or specialized training 
8.15 	as approved by the Respiratory Care Advisory Council.
8.16 	(d) (c) This section does not prohibit an individual licensed or registered credentialed
8.17 	as a respiratory therapist in another state or country from providing respiratory care in an 
8.18 	emergency in this state, providing respiratory care as a member of an organ harvesting 
8.19 	team, or from providing respiratory care on board an ambulance as part of an ambulance 
8.20 	treatment team.

8.21 	Sec. 3. Minnesota Statutes 2008, section 147C.10, is amended to read:
8.22 	147C.10 UNLICENSED PRACTICE PROHIBITED; PROTECTED TITLES 
8.23 	AND RESTRICTIONS ON USE.
8.24 		Subdivision 1.Protected titles. No individual may A person who does not hold 
8.25 	a license or temporary permit under this chapter as a respiratory therapist or whose 
8.26 	license or permit has lapsed, been suspended, or revoked may not  use the title "Minnesota 
8.27 	registered licensed respiratory care practitioner therapist," "registered licensed respiratory 
8.28 	care practitioner therapist," "respiratory care practitioner," "respiratory therapist," 
8.29 	"respiratory therapy (or care) technician," "inhalation therapist," or "inhalation therapy 
8.30 	technician," or use, in connection with the individual's name, the letters "RCP," "RT" or 
8.31 	"LRT" or any other titles, words, letters, abbreviations, or insignia indicating or implying 
8.32 	that the individual is eligible for registration licensure by the state as a respiratory care 
8.33 	practitioner therapist unless the individual has been registered licensed as a respiratory 
8.34 	care practitioner therapist according to this chapter.
9.1 		Subd. 1a.Unlicensed practice prohibited. No person shall practice respiratory 
9.2 	care unless the person is licensed as a respiratory therapist under this chapter except 
9.3 	as otherwise provided under this chapter.
9.4 		Subd. 2.Other health care practitioners. (a) Nonphysician individuals practicing 
9.5 	in a health care occupation or profession are not restricted in the provision of services 
9.6 	included in section 147C.05, as long as they do not hold themselves out as respiratory care 
9.7 	practitioners by or through the use of the titles provided in subdivision 1 in association 
9.8 	with provision of these services. Nothing in this chapter shall prohibit the practice of any 
9.9 	profession or occupation licensed or registered by the state by any person duly licensed or 
9.10 	registered to practice the profession or occupation or to perform any act that falls within 
9.11 	the scope of practice of the profession or occupation.
9.12 	(b) Physician practitioners are exempt from this chapter.
9.13 	(c) Nothing in this chapter shall be construed to require registration of a respiratory 
9.14 	care license for:
9.15 	(1) a respiratory care practitioner student enrolled in a respiratory therapy or 
9.16 	polysomnography technology education program accredited by the Commission on 
9.17 	Accreditation of Allied Health Education Programs, its successor organization, or another
9.18 	nationally recognized accrediting organization approved by the board; and
9.19 	(2) a respiratory care practitioner employed in the service of the federal government
9.20 	therapist as a member of the United States armed forces while performing duties incident 
9.21 	to that employment. duty;
9.22 	(3) an individual employed by a durable medical equipment provider or home 
9.23 	medical equipment provider who delivers, sets up, instructs the patient on the use of, or 
9.24 	maintains respiratory care equipment, but does not perform assessment, education, or 
9.25 	evaluation of the patient;
9.26 	(4) self-care by a patient or gratuitous care by a friend or relative who does not 
9.27 	purport to be a licensed respiratory therapist; or
9.28 	(5) an individual employed in a sleep lab or center as a polysomnographic 
9.29 	technologist under the supervision of a licensed physician.
9.30 		Subd. 3.Penalty. A person who violates subdivision 1 this section is guilty of a 
9.31 	gross misdemeanor.
9.32 		Subd. 4.Identification of registered licensed practitioners. Respiratory care 
9.33 	practitioners registered therapists licensed in Minnesota shall wear name tags that identify 
9.34 	them as respiratory care practitioners therapists while in a professional setting. If not 
9.35 	written in full, this must be designated as RCP. "RT" or "LRT." A student attending a an 
9.36 	accredited respiratory therapy training education program or a tutorial intern program
10.1 	must be identified as a student respiratory care practitioner therapist. This abbreviated 
10.2 	designation is Student RCP RT. Unregulated individuals who work in an assisting 
10.3 	respiratory role under the supervision of respiratory care practitioners therapists must be 
10.4 	identified as respiratory care therapy assistants or aides.

10.5 	Sec. 4. Minnesota Statutes 2008, section 147C.15, is amended to read:
10.6 	147C.15 REGISTRATION LICENSURE REQUIREMENTS.
10.7 		Subdivision 1.General requirements for registration licensure. To be eligible 
10.8 	for registration a license, an applicant, with the exception of those seeking registration
10.9 	licensure by reciprocity under subdivision 2, must:
10.10 	(1) submit a completed application on forms provided by the board along with all 
10.11 	fees required under section 147C.40 that includes:  
10.12 	(i) the applicant's name, Social Security number, home address, e-mail address, and 
10.13 	telephone number, and business address and telephone number;
10.14 	(ii) the name and location of the respiratory care therapy education program the 
10.15 	applicant completed;
10.16 	(iii) a list of degrees received from educational institutions;
10.17 	(iv) a description of the applicant's professional training beyond the first degree 
10.18 	received;
10.19 	(v) the applicant's work history for the five years preceding the application, including 
10.20 	the average number of hours worked per week;
10.21 	(vi) a list of registrations, certifications, and licenses held in other jurisdictions;
10.22 	(vii) a description of any other jurisdiction's refusal to credential the applicant;
10.23 	(viii) a description of all professional disciplinary actions initiated against the 
10.24 	applicant in any jurisdiction; and
10.25 	(ix) any history of drug or alcohol abuse, and any misdemeanor or felony conviction;
10.26 	(2) submit a certificate of completion from an approved education program;
10.27 	(3) achieve a qualifying score on a credentialing examination within five years 
10.28 	prior to application for registration;
10.29 	(4) submit a verified copy of a valid and current credential, issued by the National 
10.30 	Board for Respiratory Care or other board-approved national organization, as a certified 
10.31 	respiratory therapy technician therapist, registered respiratory therapist, or other entry or 
10.32 	advanced level respiratory care practitioner therapist designation;
10.33 	(5) submit additional information as requested by the board, including providing 
10.34 	any additional information necessary to ensure that the applicant is able to practice with 
10.35 	reasonable skill and safety to the public;
11.1 	(6) sign a statement that the information in the application is true and correct to the 
11.2 	best of the applicant's knowledge and belief; and
11.3 	(7) sign a waiver authorizing the board to obtain access to the applicant's records 
11.4 	in this or any other state in which the applicant has completed an approved education 
11.5 	program or engaged in the practice of respiratory care therapy.
11.6 		Subd. 2.Registration Licensure by reciprocity. To be eligible for registration
11.7 	licensure by reciprocity, the applicant must be credentialed by the National Board for 
11.8 	Respiratory Care or other board-approved organization and have worked at least eight 
11.9 	weeks of the previous five years as a respiratory care practitioner therapist and must:
11.10 	(1) submit the application materials and fees as required by subdivision 1, clauses 
11.11 	(1), (4), (5), (6), and (7);
11.12 	(2) provide a verified copy from the appropriate government body of a current and 
11.13 	unrestricted credential  or license for the practice of respiratory care therapy in another 
11.14 	jurisdiction that has initial credentialing requirements equivalent to or higher than the 
11.15 	requirements in subdivision 1; and
11.16 	(3) provide letters of verification from the appropriate government body in each 
11.17 	jurisdiction in which the applicant holds a credential or license. Each letter must state the 
11.18 	applicant's name, date of birth, credential number, date of issuance, a statement regarding 
11.19 	disciplinary actions, if any, taken against the applicant, and the terms under which the 
11.20 	credential was issued.
11.21 		Subd. 3.Temporary permit. The board may issue a temporary permit to practice 
11.22 	as a respiratory care practitioner therapist to an applicant eligible for registration
11.23 	licensure under this section if the application for registration licensure is complete, all 
11.24 	applicable requirements in this section have been met, and a nonrefundable fee set by 
11.25 	the board has been paid. The permit remains valid only until the meeting of the board 
11.26 	at which a decision is made on the respiratory care practitioner's therapist's application 
11.27 	for registration licensure.
11.28 		Subd. 4.Temporary registration. The board may issue temporary registration as a 
11.29 	respiratory care practitioner for a period of one year to an applicant for registration under 
11.30 	this section if the application for registration is complete, all applicable requirements 
11.31 	have been met with exception of completion of a credentialing examination, and a 
11.32 	nonrefundable fee set by the board has been paid. A respiratory care practitioner with 
11.33 	temporary registration may qualify for full registration status upon submission of verified 
11.34 	documentation that the respiratory care practitioner has achieved a qualifying score on a 
11.35 	credentialing examination within one year after receiving temporary registration status. 
11.36 	Temporary registration may not be renewed.
12.1 		Subd. 5.Practice limitations with temporary registration. A respiratory care 
12.2 	practitioner with temporary registration is limited to working under the direct supervision 
12.3 	of a registered respiratory care practitioner or physician able to provide qualified medical 
12.4 	direction. The respiratory care practitioner or physician must be present in the health care 
12.5 	facility or readily available by telecommunication at the time the respiratory care services 
12.6 	are being provided. A registered respiratory care practitioner may supervise no more than 
12.7 	two respiratory care practitioners with temporary registration status.
12.8 		Subd. 6.RegistrationLicense expiration. Registrations Licenses issued under this 
12.9 	chapter expire annually.
12.10 		Subd. 7.Renewal. (a) To be eligible for registration license renewal a registrant
12.11 	licensee must:
12.12 	(1) annually, or as determined by the board, complete a renewal application on a 
12.13 	form provided by the board;
12.14 	(2) submit the renewal fee;
12.15 	(3) provide evidence every two years of a total of 24 hours of continuing education 
12.16 	approved by the board as described in section 147C.25; and  
12.17 	(4) submit any additional information requested by the board to clarify information 
12.18 	presented in the renewal application. The information must be submitted within 30 days 
12.19 	after the board's request, or the renewal request is nullified.
12.20 	(b) Applicants for renewal who have not practiced the equivalent of eight full weeks 
12.21 	during the past five years must achieve a passing score on retaking the credentialing 
12.22 	examination, or complete no less than eight weeks of advisory council-approved 
12.23 	supervised clinical experience having a broad base of treatment modalities and patient care.
12.24 		Subd. 8.Change of address. A registrant licensee who changes addresses must 
12.25 	inform the board within 30 days, in writing, of the change of address. All notices or 
12.26 	other correspondence mailed to or served on a registrant licensee by the board at the 
12.27 	registrant's licensee's address on file with the board shall be considered as having been 
12.28 	received by the registrant licensee.
12.29 		Subd. 9.Registration License renewal notice. At least 30 days before the 
12.30 	registration license renewal date, the board shall send out a renewal notice to the last 
12.31 	known address of the registrant licensee on file. The notice must include a renewal 
12.32 	application and a notice of fees required for renewal. It must also inform the registrant
12.33 	licensee that registration the license will expire without further action by the board if an 
12.34 	application for registration license renewal is not received before the deadline for renewal. 
12.35 	The registrant's licensee's failure to receive this notice shall not relieve the registrant
12.36 	licensee of the obligation to meet the deadline and other requirements for registration
13.1 	license renewal. Failure to receive this notice is not grounds for challenging expiration of 
13.2 	registered licensure status.
13.3 		Subd. 10.Renewal deadline. The renewal application and fee must be postmarked 
13.4 	on or before July 1 of the year of renewal or as determined by the board. If the postmark is 
13.5 	illegible, the application shall be considered timely if received by the third working day 
13.6 	after the deadline.
13.7 		Subd. 11.Inactive status and return to active status. (a) A registration may be 
13.8 	placed in inactive status upon application to the board by the registrant and upon payment 
13.9 	of an inactive status fee.
13.10 	(b) Registrants seeking restoration to active from inactive status must pay the current 
13.11 	renewal fees and all unpaid back inactive fees. They must meet the criteria for renewal 
13.12 	specified in subdivision 7, including continuing education hours equivalent to one hour for 
13.13 	each month of inactive status, prior to submitting an application to regain registered status. 
13.14 	If the inactive status extends beyond five years, a qualifying score on a credentialing 
13.15 	examination, or completion of an advisory council-approved eight-week supervised 
13.16 	clinical training experience is required. If the registrant intends to regain active registration 
13.17 	by means of eight weeks of advisory council-approved clinical training experience, the 
13.18 	registrant shall be granted temporary registration for a period of no longer than six months.
13.19 		Subd. 12.Registration Licensure following lapse of registration licensed status 
13.20 	for two years or less. For any individual whose registration status license has lapsed for 
13.21 	two years or less, to regain registration status a license, the individual must:
13.22 	(1) apply for registration license renewal according to subdivision 7;
13.23 	(2) document compliance with the continuing education requirements of section 
13.24 	147C.25 since the registrant's licensee's initial registration licensure or last renewal; and  
13.25 	(3) submit the fees required under section 147C.40 for the period not registered
13.26 	licensed, including the fee for late renewal.  
13.27 		Subd. 13.Cancellation due to nonrenewal. The board shall not renew, reissue, 
13.28 	reinstate, or restore a registration license that has lapsed and has not been renewed within 
13.29 	two annual registration renewal cycles starting July 1997. A registrant licensee whose 
13.30 	registration license is canceled for nonrenewal must obtain a new registration license by 
13.31 	applying for registration licensure and fulfilling all requirements then in existence for 
13.32 	initial registration licensure as a respiratory care practitioner therapist.
13.33 		Subd. 14.Cancellation of registration license in good standing. (a) A registrant
13.34 	licensee holding an active registration license as a respiratory care practitioner therapist in 
13.35 	the state may, upon approval of the board, be granted registration license cancellation if 
13.36 	the board is not investigating the person as a result of a complaint or information received 
14.1 	or if the board has not begun disciplinary proceedings against the registrant licensee. 
14.2 	Such action by the board shall be reported as a cancellation of registration a license in 
14.3 	good standing.
14.4 	(b) A registrant licensee who receives board approval for registration license
14.5 	cancellation is not entitled to a refund of any registration licensure fees paid for the 
14.6 	registration license year in which cancellation of the registration license occurred.
14.7 	(c) To obtain registration a license after cancellation, a registrant licensee must 
14.8 	obtain a new registration license by applying for registration licensure and fulfilling the 
14.9 	requirements then in existence for obtaining initial registration licensure as a respiratory 
14.10 	care practitioner therapist.

14.11 	Sec. 5. Minnesota Statutes 2008, section 147C.20, is amended to read:
14.12 	147C.20 BOARD ACTION ON APPLICATIONS FOR REGISTRATION
14.13 	LICENSURE.
14.14 	(a) The board shall act on each application for registration licensure according 
14.15 	to paragraphs (b) to (d).
14.16 	(b) The board shall determine if the applicant meets the requirements for registration
14.17 	licensure under section 147C.15. The board or advisory council may investigate 
14.18 	information provided by an applicant to determine whether the information is accurate 
14.19 	and complete.  
14.20 	(c) The board shall notify each applicant in writing of action taken on the application, 
14.21 	the grounds for denying registration licensure if registration licensure is denied, and the 
14.22 	applicant's right to review under paragraph (d).
14.23 	(d) Applicants denied registration licensure may make a written request to the 
14.24 	board, within 30 days of the board's notice, to appear before the advisory council or its 
14.25 	designee and for the advisory council to review the board's decision to deny the applicant's 
14.26 	registration licensure. After reviewing the denial, the advisory council shall make a 
14.27 	recommendation to the board as to whether the denial shall be affirmed. Each applicant is 
14.28 	allowed only one request for review per yearly registration licensure period.

14.29 	Sec. 6. Minnesota Statutes 2008, section 147C.25, is amended to read:
14.30 	147C.25 CONTINUING EDUCATION REQUIREMENTS.
14.31 		Subdivision 1.Number of required contact hours. Two years after the date 
14.32 	of initial registration licensure, and every two years thereafter, a registrant licensee
14.33 	applying for registration license renewal must complete a minimum of 24 contact hours 
14.34 	of board-approved continuing education in the two years preceding registration license
15.1 	renewal and attest to completion of continuing education requirements by reporting to 
15.2 	the board.
15.3 		Subd. 2.Approved programs. The board shall approve continuing education 
15.4 	programs that have been approved for continuing education credit by the American 
15.5 	Association of Respiratory Care or the Minnesota Society for Respiratory Care or their 
15.6 	successor organizations. The board shall also approve programs substantially related to 
15.7 	respiratory care therapy that are sponsored by an accredited university or college, medical 
15.8 	school, state or national medical association, national medical specialty society, or that are 
15.9 	approved for continuing education credit by the Minnesota Board of Nursing.
15.10 		Subd. 3.Approval of continuing education programs. The board shall also 
15.11 	approve continuing education programs that do not meet the requirements of subdivision 2 
15.12 	but that meet the following criteria:
15.13 	(1) the program content directly relates to the practice of respiratory care therapy;
15.14 	(2) each member of the program faculty is knowledgeable in the subject matter as 
15.15 	demonstrated by a degree from an accredited education program, verifiable experience in 
15.16 	the field of respiratory care therapy, special training in the subject matter, or experience 
15.17 	teaching in the subject area;
15.18 	(3) the program lasts at least one contact hour;
15.19 	(4) there are specific, measurable, written objectives, consistent with the program, 
15.20 	describing the expected outcomes for the participants; and
15.21 	(5) the program sponsor has a mechanism to verify participation and maintains 
15.22 	attendance records for three years.
15.23 		Subd. 4.Hospital, health care facility, or medical company in-services. Hospital, 
15.24 	health care facility, or medical company in-service programs may qualify for continuing 
15.25 	education credits provided they meet the requirements of this section.
15.26 		Subd. 5.Accumulation of contact hours. A registrant licensee may not apply 
15.27 	contact hours acquired in one two-year reporting period to a future continuing education 
15.28 	reporting period.
15.29 		Subd. 6.Verification of continuing education credits. The board shall periodically 
15.30 	select a random sample of registrants licensees and require those registrants licensees to 
15.31 	supply the board with evidence of having completed the continuing education to which 
15.32 	they attested. Documentation may come directly from the registrant licensee or from state 
15.33 	or national organizations that maintain continuing education records.
15.34 		Subd. 7.Restriction on continuing education topics. A registrant licensee may 
15.35 	apply no more than a combined total of eight hours of continuing education in the areas 
16.1 	of management, risk management, personal growth, and educational techniques to a 
16.2 	two-year reporting period.
16.3 		Subd. 8.Credit for credentialing examination. A registrant licensee may fulfill 
16.4 	the continuing education requirements for a two-year reporting period by achieving a 
16.5 	qualifying score on one of the credentialing examinations or a specialty credentialing 
16.6 	examination of the National Board for Respiratory Care or another board-approved testing 
16.7 	organization. A registrant licensee may achieve 12 hours of continuing education credit 
16.8 	by completing a National Board for Respiratory Care or other board-approved testing 
16.9 	organization's specialty examination.

16.10 	Sec. 7. Minnesota Statutes 2008, section 147C.30, is amended to read:
16.11 	147C.30 DISCIPLINE; REPORTING.
16.12 	For purposes of this chapter, registered licensed respiratory care practitioners
16.13 	therapists and applicants are subject to the provisions of sections 147.091 to 147.162.  

16.14 	Sec. 8. Minnesota Statutes 2008, section 147C.35, is amended to read:
16.15 	147C.35 RESPIRATORY CARE PRACTITIONER ADVISORY COUNCIL.
16.16 		Subdivision 1.Membership. The board shall appoint a seven-member Respiratory 
16.17 	Care Practitioner Advisory Council consisting of two public members as defined in section 
16.18 	214.02, three registered licensed respiratory care practitioners therapists, and two licensed 
16.19 	physicians with expertise in respiratory care.  
16.20 		Subd. 2.Organization. The advisory council shall be organized and administered 
16.21 	under section 15.059.
16.22 		Subd. 3.Duties. The advisory council shall:
16.23 	(1) advise the board regarding standards for respiratory care practitioners therapists;
16.24 	(2) provide for distribution of information regarding respiratory care practitioner
16.25 	therapy standards;
16.26 	(3) advise the board on enforcement of sections 147.091 to 147.162;  
16.27 	(4) review applications and recommend granting or denying registration licensure
16.28 	or registration license renewal;
16.29 	(5) advise the board on issues related to receiving and investigating complaints, 
16.30 	conducting hearings, and imposing disciplinary action in relation to complaints against 
16.31 	respiratory care practitioners therapists;
16.32 	(6) advise the board regarding approval of continuing education programs using the 
16.33 	criteria in section 147C.25, subdivision 3; and  
17.1 	(7) perform other duties authorized for advisory councils by chapter 214, as directed 
17.2 	by the board.

17.3 	Sec. 9. Minnesota Statutes 2008, section 147C.40, is amended to read:
17.4 	147C.40 FEES.
17.5 		Subdivision 1.Fees. The board shall adopt rules setting:
17.6 	(1) registration licensure fees;
17.7 	(2) renewal fees;
17.8 	(3) late fees;
17.9 	(4) inactive status fees; and
17.10 	(5) fees for temporary permits; and
17.11 	(6) fees for temporary registration.
17.12 		Subd. 2.Proration of fees. The board may prorate the initial annual registration
17.13 	license fee. All registrants licensees are required to pay the full fee upon registration
17.14 	license renewal.
17.15 		Subd. 3.Penalty fee for late renewals. An application for registration license
17.16 	renewal submitted after the deadline must be accompanied by a late fee in addition to the 
17.17 	required fees.
17.18 		Subd. 4.Nonrefundable fees. All of the fees in subdivision 1 are nonrefundable.

17.19 	ARTICLE 5
17.20 	PHYSICIAN ASSISTANTS

17.21 	Section 1. Minnesota Statutes 2008, section 144.1501, subdivision 1, is amended to 
17.22 	read:
17.23 		Subdivision 1.Definitions. (a) For purposes of this section, the following definitions 
17.24 	apply.
17.25 	(b) "Dentist" means an individual who is licensed to practice dentistry.
17.26 	(c) "Designated rural area" means:
17.27 	(1) an area in Minnesota outside the counties of Anoka, Carver, Dakota, Hennepin, 
17.28 	Ramsey, Scott, and Washington, excluding the cities of Duluth, Mankato, Moorhead, 
17.29 	Rochester, and St. Cloud; or
17.30 	(2) a municipal corporation, as defined under section 471.634, that is physically 
17.31 	located, in whole or in part, in an area defined as a designated rural area under clause (1).
17.32 	(d) "Emergency circumstances" means those conditions that make it impossible for 
17.33 	the participant to fulfill the service commitment, including death, total and permanent 
17.34 	disability, or temporary disability lasting more than two years.
18.1 	(e) "Medical resident" means an individual participating in a medical residency in 
18.2 	family practice, internal medicine, obstetrics and gynecology, pediatrics, or psychiatry.
18.3 	(f) "Midlevel practitioner" means a nurse practitioner, nurse-midwife, nurse 
18.4 	anesthetist, advanced clinical nurse specialist, or physician assistant.
18.5 	(g) "Nurse" means an individual who has completed training and received all 
18.6 	licensing or certification necessary to perform duties as a licensed practical nurse or 
18.7 	registered nurse.
18.8 	(h) "Nurse-midwife" means a registered nurse who has graduated from a program of 
18.9 	study designed to prepare registered nurses for advanced practice as nurse-midwives.
18.10 	(i) "Nurse practitioner" means a registered nurse who has graduated from a program 
18.11 	of study designed to prepare registered nurses for advanced practice as nurse practitioners.
18.12 	(j) "Pharmacist" means an individual with a valid license issued under chapter 151.
18.13 	(k) "Physician" means an individual who is licensed to practice medicine in the areas 
18.14 	of family practice, internal medicine, obstetrics and gynecology, pediatrics, or psychiatry.
18.15 	(l) "Physician assistant" means a person registered licensed under chapter 147A.
18.16 	(m) "Qualified educational loan" means a government, commercial, or foundation 
18.17 	loan for actual costs paid for tuition, reasonable education expenses, and reasonable living 
18.18 	expenses related to the graduate or undergraduate education of a health care professional.
18.19 	(n) "Underserved urban community" means a Minnesota urban area or population 
18.20 	included in the list of designated primary medical care health professional shortage areas 
18.21 	(HPSAs), medically underserved areas (MUAs), or medically underserved populations 
18.22 	(MUPs) maintained and updated by the United States Department of Health and Human 
18.23 	Services.

18.24 	Sec. 2. Minnesota Statutes 2008, section 144E.001, subdivision 3a, is amended to read:
18.25 		Subd. 3a.Ambulance service personnel. "Ambulance service personnel" means 
18.26 	individuals who are authorized by a licensed ambulance service to provide emergency 
18.27 	care for the ambulance service and are:
18.28 	(1) EMTs, EMT-Is, or EMT-Ps;
18.29 	(2) Minnesota registered nurses who are: (i) EMTs, are currently practicing 
18.30 	nursing, and have passed a paramedic practical skills test, as approved by the board 
18.31 	and administered by a training program approved by the board; (ii) on the roster of an 
18.32 	ambulance service on or before January 1, 2000; or (iii) after petitioning the board, 
18.33 	deemed by the board to have training and skills equivalent to an EMT, as determined on 
18.34 	a case-by-case basis; or
19.1 	(3) Minnesota registered licensed physician assistants who are: (i) EMTs, are 
19.2 	currently practicing as physician assistants, and have passed a paramedic practical skills 
19.3 	test, as approved by the board and administered by a training program approved by the 
19.4 	board; (ii) on the roster of an ambulance service on or before January 1, 2000; or (iii) after 
19.5 	petitioning the board, deemed by the board to have training and skills equivalent to an 
19.6 	EMT, as determined on a case-by-case basis.

19.7 	Sec. 3. Minnesota Statutes 2008, section 144E.001, subdivision 9c, is amended to read:
19.8 		Subd. 9c.Physician assistant. "Physician assistant" means a person registered
19.9 	licensed to practice as a physician assistant under chapter 147A.

19.10 	Sec. 4. Minnesota Statutes 2008, section 147.09, is amended to read:
19.11 	147.09 EXEMPTIONS.
19.12 	Section 147.081 does not apply to, control, prevent or restrict the practice, service, 
19.13 	or activities of:
19.14 	(1) A person who is a commissioned medical officer of, a member of, or employed 
19.15 	by, the armed forces of the United States, the United States Public Health Service, the 
19.16 	Veterans Administration, any federal institution or any federal agency while engaged in 
19.17 	the performance of official duties within this state, if the person is licensed elsewhere.
19.18 	(2) A licensed physician from a state or country who is in actual consultation here.
19.19 	(3) A licensed or registered physician who treats the physician's home state patients 
19.20 	or other participating patients while the physicians and those patients are participating 
19.21 	together in outdoor recreation in this state as defined by section 86A.03, subdivision 3. 
19.22 	A physician shall first register with the board on a form developed by the board for that 
19.23 	purpose. The board shall not be required to promulgate the contents of that form by rule. 
19.24 	No fee shall be charged for this registration.
19.25 	(4) A student practicing under the direct supervision of a preceptor while the student 
19.26 	is enrolled in and regularly attending a recognized medical school.
19.27 	(5) A student who is in continuing training and performing the duties of an intern or 
19.28 	resident or engaged in postgraduate work considered by the board to be the equivalent of 
19.29 	an internship or residency in any hospital or institution approved for training by the board, 
19.30 	provided the student has a residency permit issued by the board under section 147.0391.
19.31 	(6) A person employed in a scientific, sanitary, or teaching capacity by the state 
19.32 	university, the Department of Education, a public or private school, college, or other 
19.33 	bona fide educational institution, a nonprofit organization, which has tax-exempt status 
19.34 	in accordance with the Internal Revenue Code, section 501(c)(3), and is organized and 
20.1 	operated primarily for the purpose of conducting scientific research directed towards 
20.2 	discovering the causes of and cures for human diseases, or the state Department of Health, 
20.3 	whose duties are entirely of a research, public health, or educational character, while 
20.4 	engaged in such duties; provided that if the research includes the study of humans, such 
20.5 	research shall be conducted under the supervision of one or more physicians licensed 
20.6 	under this chapter.
20.7 	(7) Physician'sPhysician  assistants registered licensed in this state.
20.8 	(8) A doctor of osteopathy duly licensed by the state Board of Osteopathy under 
20.9 	Minnesota Statutes 1961, sections 148.11 to 148.16, prior to May 1, 1963, who has not 
20.10 	been granted a license to practice medicine in accordance with this chapter provided that 
20.11 	the doctor confines activities within the scope of the license.
20.12 	(9) Any person licensed by a health-related licensing board, as defined in section 
20.13 	214.01, subdivision 2, or registered by the commissioner of health pursuant to section 
20.14 	214.13, including psychological practitioners with respect to the use of hypnosis; provided 
20.15 	that the person confines activities within the scope of the license.
20.16 	(10) A person who practices ritual circumcision pursuant to the requirements or 
20.17 	tenets of any established religion.
20.18 	(11) A Christian Scientist or other person who endeavors to prevent or cure disease 
20.19 	or suffering exclusively by mental or spiritual means or by prayer.
20.20 	(12) A physician licensed to practice medicine in another state who is in this state 
20.21 	for the sole purpose of providing medical services at a competitive athletic event. The 
20.22 	physician may practice medicine only on participants in the athletic event. A physician 
20.23 	shall first register with the board on a form developed by the board for that purpose. The 
20.24 	board shall not be required to adopt the contents of the form by rule. The physician shall 
20.25 	provide evidence satisfactory to the board of a current unrestricted license in another state. 
20.26 	The board shall charge a fee of $50 for the registration.
20.27 	(13) A psychologist licensed under section 148.907 or a social worker licensed 
20.28 	under chapter 148D who uses or supervises the use of a penile or vaginal plethysmograph 
20.29 	in assessing and treating individuals suspected of engaging in aberrant sexual behavior 
20.30 	and sex offenders.
20.31 	(14) Any person issued a training course certificate or credentialed by the Emergency 
20.32 	Medical Services Regulatory Board established in chapter 144E, provided the person 
20.33 	confines activities within the scope of training at the certified or credentialed level.
20.34 	(15) An unlicensed complementary and alternative health care practitioner practicing 
20.35 	according to chapter 146A.

21.1 	Sec. 5. Minnesota Statutes 2008, section 147A.01, is amended to read:
21.2 	147A.01 DEFINITIONS.
21.3 		Subdivision 1.Scope. For the purpose of this chapter the terms defined in this 
21.4 	section have the meanings given them.
21.5 		Subd. 2.Active status. "Active status" means the status of a person who has met all 
21.6 	the qualifications of a physician assistant, has a physician-physician assistant agreement in 
21.7 	force, and is registered.
21.8 		Subd. 3.Administer. "Administer" means the delivery by a physician assistant 
21.9 	authorized to prescribe legend drugs, a single dose of a legend drug, including controlled 
21.10 	substances, to a patient by injection, inhalation, ingestion, or by any other immediate 
21.11 	means, and the delivery by a physician assistant ordered by a physician a single dose of a 
21.12 	legend drug by injection, inhalation, ingestion, or by any other immediate means.
21.13 		Subd. 4.Agreement. "Agreement" means the document described in section 
21.14 	147A.20.  
21.15 		Subd. 5.Alternate supervising physician. "Alternate supervising physician" 
21.16 	means a Minnesota licensed physician listed in the physician-physician assistant 
21.17 	delegation agreement, or supplemental listing, who is responsible for supervising 
21.18 	the physician assistant when the main primary supervising physician is unavailable. 
21.19 	The alternate supervising physician shall accept full medical responsibility for the 
21.20 	performance, practice, and activities of the physician assistant while under the supervision 
21.21 	of the alternate supervising physician.
21.22 		Subd. 6.Board. "Board" means the Board of Medical Practice or its designee.
21.23 		Subd. 7.Controlled substances. "Controlled substances" has the meaning given it 
21.24 	in section 152.01, subdivision 4.  
21.25 		Subd. 8.Delegation form. "Delegation form" means the form used to indicate the 
21.26 	categories of drugs for which the authority to prescribe, administer, and dispense has been 
21.27 	delegated to the physician assistant and signed by the supervising physician, any alternate 
21.28 	supervising physicians, and the physician assistant. This form is part of the agreement 
21.29 	described in section 147A.20, and shall be maintained by the supervising physician and 
21.30 	physician assistant at the address of record. Copies shall be provided to the board upon 
21.31 	request. "Addendum to the delegation form" means a separate listing of the schedules 
21.32 	and categories of controlled substances, if any, for which the physician assistant has been 
21.33 	delegated the authority to prescribe, administer, and dispense. The addendum shall be 
21.34 	maintained as a separate document as described above.  
22.1 		Subd. 9.Diagnostic order. "Diagnostic order" means a directive to perform 
22.2 	a procedure or test, the purpose of which is to determine the cause and nature of a 
22.3 	pathological condition or disease.
22.4 		Subd. 10.Drug. "Drug" has the meaning given it in section 151.01, subdivision 5, 
22.5 	including controlled substances as defined in section 152.01, subdivision 4.  
22.6 		Subd. 11.Drug category. "Drug category" means one of the categories listed on the 
22.7 	physician-physician assistant delegation form agreement.
22.8 		Subd. 12.Inactive status. "Inactive status" means the status of a person who has 
22.9 	met all the qualifications of a physician assistant, and is registered, but does not have a 
22.10 	physician-physician assistant agreement in force a licensed physician assistant whose 
22.11 	license has been placed on inactive status under section 147A.05.
22.12 		Subd. 13.Internal protocol. "Internal protocol" means a document written by 
22.13 	the supervising physician and the physician assistant which specifies the policies and 
22.14 	procedures which will apply to the physician assistant's prescribing, administering, 
22.15 	and dispensing of legend drugs and medical devices, including controlled substances 
22.16 	as defined in section 152.01, subdivision 4, and lists the specific categories of drugs 
22.17 	and medical devices, with any exceptions or conditions, that the physician assistant 
22.18 	is authorized to prescribe, administer, and dispense. The supervising physician and 
22.19 	physician assistant shall maintain the protocol at the address of record. Copies shall be 
22.20 	provided to the board upon request.  
22.21 		Subd. 14.Legend drug. "Legend drug" has the meaning given it in section 151.01, 
22.22 	subdivision 17.  
22.23 		Subd. 14a.Licensed. "Licensed" means meeting the qualifications in section 
22.24 	147A.02 and being issued a license by the board.
22.25 		Subd. 14b.Licensure. "Licensure" means the process by which the board 
22.26 	determines that an applicant has met the standards and qualifications in this chapter.
22.27 		Subd. 15.Locum tenens permit. "Locum tenens permit" means time specific 
22.28 	temporary permission for a physician assistant to practice as a physician assistant in 
22.29 	a setting other than the practice setting established in the physician-physician assistant 
22.30 	agreement.
22.31 		Subd. 16.Medical device. "Medical device" means durable medical equipment and 
22.32 	assistive or rehabilitative appliances, objects, or products that are required to implement 
22.33 	the overall plan of care for the patient and that are restricted by federal law to use upon 
22.34 	prescription by a licensed practitioner.
22.35 		Subd. 16a.Notice of intent to practice. "Notice of intent to practice" means 
22.36 	a document sent to the board by a licensed physician assistant that documents the 
23.1 	adoption of a physician-physician assistant delegation agreement and provides the names, 
23.2 	addresses, and information required by section 147A.20.
23.3 		Subd. 17.Physician. "Physician" means a person currently licensed in good 
23.4 	standing as a physician or osteopath under chapter 147.
23.5 		Subd. 17a.Physician-physician assistant delegation agreement.
 23.6 	"Physician-physician assistant delegation agreement" means the document prepared and 
23.7 	signed by the physician and physician assistant affirming the supervisory relationship and 
23.8 	defining the physician assistant scope of practice. Alternate supervising physicians must 
23.9 	be identified on the delegation agreement or a supplemental listing with signed attestation 
23.10 	that each shall accept full medical responsibility for the performance, practice, and 
23.11 	activities of the physician assistant while under the supervision of the alternate supervising 
23.12 	physician. The physician-physician assistant delegation agreement outlines the role of 
23.13 	the physician assistant in the practice, describes the means of supervision, and specifies 
23.14 	the categories of drugs, controlled substances, and medical devices that the supervising 
23.15 	physician delegates to the physician assistant to prescribe. The physician-physician 
23.16 	assistant delegation agreement must comply with the requirements of section 147A.20, be 
23.17 	kept on file at the address of record, and be made available to the board or its representative 
23.18 	upon request. A physician-physician assistant delegation agreement may not authorize a 
23.19 	physician assistant to perform a chiropractic procedure.
23.20 		Subd. 18.Physician assistant or registered licensed physician assistant.
 23.21 	"Physician assistant" or "registered licensed physician assistant" means a person registered
23.22 	licensed pursuant to this chapter who is qualified by academic or practical training or 
23.23 	both to provide patient services as specified in this chapter, under the supervision of a 
23.24 	supervising physician meets the qualifications in section 147A.02.
23.25 		Subd. 19.Practice setting description. "Practice setting description" means a 
23.26 	signed record submitted to the board on forms provided by the board, on which:
23.27 	(1) the supervising physician assumes full medical responsibility for the medical 
23.28 	care rendered by a physician assistant;
23.29 	(2) is recorded the address and phone number of record of each supervising 
23.30 	physician and alternate, and the physicians' medical license numbers and DEA number;
23.31 	(3) is recorded the address and phone number of record of the physician assistant 
23.32 	and the physician assistant's registration number and DEA number;
23.33 	(4) is recorded whether the physician assistant has been delegated prescribing, 
23.34 	administering, and dispensing authority;
23.35 	(5) is recorded the practice setting, address or addresses and phone number or 
23.36 	numbers of the physician assistant; and
24.1 	(6) is recorded a statement of the type, amount, and frequency of supervision.
24.2 		Subd. 20.Prescribe. "Prescribe" means to direct, order, or designate by means of a 
24.3 	prescription the preparation, use of, or manner of using a drug or medical device.
24.4 		Subd. 21.Prescription. "Prescription" means a signed written order, or an oral 
24.5 	order reduced to writing, or an electronic order meeting current and prevailing standards
24.6 	given by a physician assistant authorized to prescribe drugs for patients in the course 
24.7 	of the physician assistant's practice, issued for an individual patient and containing the 
24.8 	information required in the physician-physician assistant delegation form agreement.
24.9 		Subd. 22.Registration. "Registration" is the process by which the board determines 
24.10 	that an applicant has been found to meet the standards and qualifications found in this 
24.11 	chapter.
24.12 		Subd. 23.Supervising physician. "Supervising physician" means a Minnesota 
24.13 	licensed physician who accepts full medical responsibility for the performance, practice, 
24.14 	and activities of a physician assistant under an agreement as described in section 147A.20. 
24.15 	The supervising physician who completes and signs the delegation agreement may be 
24.16 	referred to as the primary supervising physician. A supervising physician shall not 
24.17 	supervise more than two five full-time equivalent physician assistants simultaneously.  
24.18 	With the approval of the board, or in a disaster or emergency situation pursuant to section 
24.19 	147A.23, a supervising physician may supervise more than five full-time equivalent 
24.20 	physician assistants simultaneously.
24.21 		Subd. 24.Supervision. "Supervision" means overseeing the activities of, and 
24.22 	accepting responsibility for, the medical services rendered by a physician assistant. The 
24.23 	constant physical presence of the supervising physician is not required so long as the 
24.24 	supervising physician and physician assistant are or can be easily in contact with one 
24.25 	another by radio, telephone, or other telecommunication device. The scope and nature of 
24.26 	the supervision shall be defined by the individual physician-physician assistant delegation
24.27 	agreement.
24.28 		Subd. 25.Temporary registration license. "Temporary registration" means the 
24.29 	status of a person who has satisfied the education requirement specified in this chapter; 
24.30 	is enrolled in the next examination required in this chapter; or is awaiting examination 
24.31 	results; has a physician-physician assistant agreement in force as required by this chapter, 
24.32 	and has submitted a practice setting description to the board. Such provisional registration 
24.33 	shall expire 90 days after completion of the next examination sequence, or after one year, 
24.34 	whichever is sooner, for those enrolled in the next examination; and upon receipt of the 
24.35 	examination results for those awaiting examination results. The registration shall be 
24.36 	granted by the board or its designee. "Temporary license" means a license granted to a 
25.1 	physician assistant who meets all of the qualifications for licensure but has not yet been 
25.2 	approved for licensure at a meeting of the board.
25.3 		Subd. 26.Therapeutic order. "Therapeutic order" means an order given to another 
25.4 	for the purpose of treating or curing a patient in the course of a physician assistant's 
25.5 	practice. Therapeutic orders may be written or verbal, but do not include the prescribing 
25.6 	of legend drugs or medical devices unless prescribing authority has been delegated within 
25.7 	the physician-physician assistant delegation agreement.
25.8 		Subd. 27.Verbal order. "Verbal order" means an oral order given to another for 
25.9 	the purpose of treating or curing a patient in the course of a physician assistant's practice. 
25.10 	Verbal orders do not include the prescribing of legend drugs unless prescribing authority 
25.11 	has been delegated within the physician-physician assistant delegation agreement.

25.12 	Sec. 6. Minnesota Statutes 2008, section 147A.02, is amended to read:
25.13 	147A.02 QUALIFICATIONS FOR REGISTRATION LICENSURE.
25.14 	Except as otherwise provided in this chapter, an individual shall be registered
25.15 	licensed by the board before the individual may practice as a physician assistant.
25.16 	The board may grant registration a license as a physician assistant to an applicant 
25.17 	who:
25.18 	(1) submits an application on forms approved by the board;
25.19 	(2) pays the appropriate fee as determined by the board;
25.20 	(3) has current certification from the National Commission on Certification of 
25.21 	Physician Assistants, or its successor agency as approved by the board;
25.22 	(4) certifies that the applicant is mentally and physically able to engage safely in 
25.23 	practice as a physician assistant;
25.24 	(5) has no licensure, certification, or registration as a physician assistant under 
25.25 	current discipline, revocation, suspension, or probation for cause resulting from the 
25.26 	applicant's practice as a physician assistant, unless the board considers the condition 
25.27 	and agrees to licensure;
25.28 	(6) submits any other information the board deems necessary to evaluate the 
25.29 	applicant's qualifications; and
25.30 	(7) has been approved by the board.
25.31 	All persons registered as physician assistants as of June 30, 1995, are eligible for 
25.32 	continuing registration license renewal. All persons applying for registration licensure
25.33 	after that date shall be registered licensed according to this chapter.

26.1 	Sec. 7. Minnesota Statutes 2008, section 147A.03, is amended to read:
26.2 	147A.03 PROTECTED TITLES AND RESTRICTIONS ON USE.
26.3 		Subdivision 1.Protected titles. No individual may use the titles "Minnesota 
26.4 	Registered Licensed Physician Assistant," "Registered Licensed Physician Assistant," 
26.5 	"Physician Assistant," or "PA" in connection with the individual's name, or any other 
26.6 	words, letters, abbreviations, or insignia indicating or implying that the individual is 
26.7 	registered with licensed by the state unless they have been registered licensed according 
26.8 	to this chapter.
26.9 		Subd. 2.Health care practitioners. Individuals practicing in a health care 
26.10 	occupation are not restricted in the provision of services included in this chapter as long as 
26.11 	they do not hold themselves out as physician assistants by or through the titles provided in 
26.12 	subdivision 1 in association with provision of these services.
26.13 		Subd. 3.Identification of registered practitioners. Physician assistants in 
26.14 	Minnesota shall wear name tags which identify them as physician assistants.
26.15 		Subd. 4.Sanctions. Individuals who hold themselves out as physician assistants by 
26.16 	or through any of the titles provided in subdivision 1 without prior registration licensure
26.17 	shall be subject to sanctions or actions against continuing the activity according to section 
26.18 	214.11, or other authority.  

26.19 	Sec. 8. Minnesota Statutes 2008, section 147A.04, is amended to read:
26.20 	147A.04 TEMPORARY PERMIT LICENSE.
26.21 	The board may issue a temporary permit license to practice to a physician assistant 
26.22 	eligible for registration licensure under this chapter only if the application for registration
26.23 	licensure is complete, all requirements have been met, and a nonrefundable fee set by 
26.24 	the board has been paid. The permit temporary license remains valid only until the 
26.25 	next meeting of the board at which a decision is made on the application for registration
26.26 	licensure.

26.27 	Sec. 9. Minnesota Statutes 2008, section 147A.05, is amended to read:
26.28 	147A.05 INACTIVE REGISTRATION LICENSE.
26.29 	Physician assistants who notify the board in writing on forms prescribed by the board 
26.30 	may elect to place their registrations license on an inactive status. Physician assistants 
26.31 	with an inactive registration license shall be excused from payment of renewal fees and 
26.32 	shall not practice as physician assistants. Persons who engage in practice while their 
26.33 	registrations are license is lapsed or on inactive status shall be considered to be practicing 
27.1 	without registration a license, which shall be grounds for discipline under section 147A.13. 
27.2 	Physician assistants who provide care under the provisions of section 147A.23 shall not 
27.3 	be considered practicing without a license or subject to disciplinary action. Physician 
27.4 	assistants requesting restoration from inactive status who notify the board of their intent to 
27.5 	resume active practice shall be required to pay the current renewal fees and all unpaid back 
27.6 	fees and shall be required to meet the criteria for renewal specified in section 147A.07.  

27.7 	Sec. 10. Minnesota Statutes 2008, section 147A.06, is amended to read:
27.8 	147A.06 CANCELLATION OF REGISTRATION LICENSE FOR 
27.9 	NONRENEWAL.
27.10 	The board shall not renew, reissue, reinstate, or restore a registration license that 
27.11 	has lapsed on or after July 1, 1996, and has not been renewed within two annual renewal 
27.12 	cycles starting July 1, 1997. A registrant licensee whose registration license is canceled 
27.13 	for nonrenewal must obtain a new registration license by applying for registration
27.14 	licensure and fulfilling all requirements then in existence for an initial registration license
27.15 	to practice as a physician assistant.

27.16 	Sec. 11. Minnesota Statutes 2008, section 147A.07, is amended to read:
27.17 	147A.07 RENEWAL.
27.18 	A person who holds a registration license as a physician assistant shall annually, 
27.19 	upon notification from the board, renew the registration license by:
27.20 	(1) submitting the appropriate fee as determined by the board;
27.21 	(2) completing the appropriate forms; and
27.22 	(3) meeting any other requirements of the board;
27.23 	(4) submitting a revised and updated practice setting description showing evidence 
27.24 	of annual review of the physician-physician assistant supervisory agreement.

27.25 	Sec. 12. Minnesota Statutes 2008, section 147A.08, is amended to read:
27.26 	147A.08 EXEMPTIONS.
27.27 	(a) This chapter does not apply to, control, prevent, or restrict the practice, service, 
27.28 	or activities of persons listed in section 147.09, clauses (1) to (6) and (8) to (13), persons 
27.29 	regulated under section 214.01, subdivision 2, or persons defined in section 144.1501, 
27.30 	subdivision 1, paragraphs (f), (h), and (i).
27.31 	(b) Nothing in this chapter shall be construed to require registration licensure of:
28.1 	(1) a physician assistant student enrolled in a physician assistant or surgeon assistant 
28.2 	educational program accredited by the Committee on Allied Health Education and 
28.3 	Accreditation Review Commission on Education for the Physician Assistant or by its 
28.4 	successor agency approved by the board;
28.5 	(2) a physician assistant employed in the service of the federal government while 
28.6 	performing duties incident to that employment; or
28.7 	(3) technicians, other assistants, or employees of physicians who perform delegated 
28.8 	tasks in the office of a physician but who do not identify themselves as a physician 
28.9 	assistant.

28.10 	Sec. 13. Minnesota Statutes 2008, section 147A.09, is amended to read:
28.11 	147A.09 SCOPE OF PRACTICE, DELEGATION.
28.12 		Subdivision 1.Scope of practice. (a) Physician assistants shall practice medicine 
28.13 	only with physician supervision. Physician assistants may perform those duties and 
28.14 	responsibilities as delegated in the physician-physician assistant delegation agreement 
28.15 	and delegation forms maintained at the address of record by the supervising physician 
28.16 	and physician assistant, including the prescribing, administering, and dispensing of drugs, 
28.17 	controlled substances, and medical devices and drugs, excluding anesthetics, other than 
28.18 	local anesthetics, injected in connection with an operating room procedure, inhaled 
28.19 	anesthesia and spinal anesthesia.
28.20 	Patient service must be limited to:
28.21 	(1) services within the training and experience of the physician assistant;
28.22 	(2) services customary to the practice of the supervising physician or alternate 
28.23 	supervising physician;
28.24 	(3) services delegated by the supervising physician or alternate supervising physician 
28.25 	under the physician-physician assistant delegation agreement; and
28.26 	(4) services within the parameters of the laws, rules, and standards of the facilities 
28.27 	in which the physician assistant practices.
28.28 	(b) Nothing in this chapter authorizes physician assistants to perform duties 
28.29 	regulated by the boards listed in section 214.01, subdivision 2, other than the Board of 
28.30 	Medical Practice, and except as provided in this section.  
28.31 	(c) Physician assistants may not engage in the practice of chiropractic.
28.32 		Subd. 2.Delegation. Patient services may include, but are not limited to, the 
28.33 	following, as delegated by the supervising physician and authorized in the delegation
28.34 	agreement:
28.35 	(1) taking patient histories and developing medical status reports;
29.1 	(2) performing physical examinations;
29.2 	(3) interpreting and evaluating patient data;
29.3 	(4) ordering or performing diagnostic procedures, including radiography the use of 
29.4 	radiographic imaging systems in compliance with Minnesota Rules, chapter 4732;
29.5 	(5) ordering or performing therapeutic procedures including the use of ionizing 
29.6 	radiation in compliance with Minnesota Rules, chapter 4732;
29.7 	(6) providing instructions regarding patient care, disease prevention, and health 
29.8 	promotion;
29.9 	(7) assisting the supervising physician in patient care in the home and in health 
29.10 	care facilities;
29.11 	(8) creating and maintaining appropriate patient records;
29.12 	(9) transmitting or executing specific orders at the direction of the supervising 
29.13 	physician;
29.14 	(10) prescribing, administering, and dispensing legend drugs, controlled substances,
29.15 	and medical devices if this function has been delegated by the supervising physician 
29.16 	pursuant to and subject to the limitations of section 147A.18 and chapter 151. For 
29.17 	physician assistants who have been delegated the authority to prescribe controlled 
29.18 	substances shall maintain a separate addendum to the delegation form which lists all 
29.19 	schedules and categories such delegation shall be included in the physician-physician 
29.20 	assistant delegation agreement, and all schedules of controlled substances which the 
29.21 	physician assistant has the authority to prescribe. This addendum shall be maintained with 
29.22 	the physician-physician assistant agreement, and the delegation form at the address of 
29.23 	record shall be specified;  
29.24 	(11) for physician assistants not delegated prescribing authority, administering 
29.25 	legend drugs and medical devices following prospective review for each patient by and 
29.26 	upon direction of the supervising physician;
29.27 	(12) functioning as an emergency medical technician with permission of the 
29.28 	ambulance service and in compliance with section 144E.127, and ambulance service rules 
29.29 	adopted by the commissioner of health;  
29.30 	(13) initiating evaluation and treatment procedures essential to providing an 
29.31 	appropriate response to emergency situations; and
29.32 	(14) certifying a physical disability patient's eligibility for a disability parking 
29.33 	certificate under section 169.345, subdivision 2a 2;
29.34 	(15) assisting at surgery; and
29.35 	(16) providing medical authorization for admission for emergency care and 
29.36 	treatment of a patient under section 253B.05, subdivision 2.  
30.1 	Orders of physician assistants shall be considered the orders of their supervising 
30.2 	physicians in all practice-related activities, including, but not limited to, the ordering of 
30.3 	diagnostic, therapeutic, and other medical services.

30.4 	Sec. 14. Minnesota Statutes 2008, section 147A.11, is amended to read:
30.5 	147A.11 EXCLUSIONS OF LIMITATIONS ON EMPLOYMENT.
30.6 	Nothing in this chapter shall be construed to limit the employment arrangement of a 
30.7 	physician assistant registered licensed under this chapter.

30.8 	Sec. 15. Minnesota Statutes 2008, section 147A.13, is amended to read:
30.9 	147A.13 GROUNDS FOR DISCIPLINARY ACTION.
30.10 		Subdivision 1.Grounds listed. The board may refuse to grant registration licensure
30.11 	or may impose disciplinary action as described in this subdivision against any physician 
30.12 	assistant. The following conduct is prohibited and is grounds for disciplinary action:
30.13 	(1) failure to demonstrate the qualifications or satisfy the requirements for 
30.14 	registration licensure contained in this chapter or rules of the board. The burden of proof 
30.15 	shall be upon the applicant to demonstrate such qualifications or satisfaction of such 
30.16 	requirements;
30.17 	(2) obtaining registration a license by fraud or cheating, or attempting to subvert 
30.18 	the examination process. Conduct which subverts or attempts to subvert the examination 
30.19 	process includes, but is not limited to:
30.20 	(i) conduct which violates the security of the examination materials, such as 
30.21 	removing examination materials from the examination room or having unauthorized 
30.22 	possession of any portion of a future, current, or previously administered licensing 
30.23 	examination;
30.24 	(ii) conduct which violates the standard of test administration, such as 
30.25 	communicating with another examinee during administration of the examination, copying 
30.26 	another examinee's answers, permitting another examinee to copy one's answers, or 
30.27 	possessing unauthorized materials; and
30.28 	(iii) impersonating an examinee or permitting an impersonator to take the 
30.29 	examination on one's own behalf;
30.30 	(3) conviction, during the previous five years, of a felony reasonably related to the 
30.31 	practice of physician assistant. Conviction as used in this subdivision includes a conviction 
30.32 	of an offense which if committed in this state would be deemed a felony without regard to 
30.33 	its designation elsewhere, or a criminal proceeding where a finding or verdict of guilt is 
30.34 	made or returned but the adjudication of guilt is either withheld or not entered;
31.1 	(4) revocation, suspension, restriction, limitation, or other disciplinary action against 
31.2 	the person's physician assistant credentials in another state or jurisdiction, failure to 
31.3 	report to the board that charges regarding the person's credentials have been brought in 
31.4 	another state or jurisdiction, or having been refused registration licensure by any other 
31.5 	state or jurisdiction;
31.6 	(5) advertising which is false or misleading, violates any rule of the board, or claims 
31.7 	without substantiation the positive cure of any disease or professional superiority to or 
31.8 	greater skill than that possessed by another physician assistant;
31.9 	(6) violating a rule adopted by the board or an order of the board, a state, or federal 
31.10 	law which relates to the practice of a physician assistant, or in part regulates the practice 
31.11 	of a physician assistant, including without limitation sections 148A.02, 609.344, and 
31.12 	609.345, or a state or federal narcotics or controlled substance law; 
31.13 	(7) engaging in any unethical conduct; conduct likely to deceive, defraud, or harm 
31.14 	the public, or demonstrating a willful or careless disregard for the health, welfare, or 
31.15 	safety of a patient; or practice which is professionally incompetent, in that it may create 
31.16 	unnecessary danger to any patient's life, health, or safety, in any of which cases, proof 
31.17 	of actual injury need not be established;
31.18 	(8) failure to adhere to the provisions of the physician-physician assistant delegation
31.19 	agreement;
31.20 	(9) engaging in the practice of medicine beyond that allowed by the 
31.21 	physician-physician assistant delegation agreement, including the delegation form or 
31.22 	the addendum to the delegation form, or aiding or abetting an unlicensed person in the 
31.23 	practice of medicine;
31.24 	(10) adjudication as mentally incompetent, mentally ill or developmentally disabled, 
31.25 	or as a chemically dependent person, a person dangerous to the public, a sexually 
31.26 	dangerous person, or a person who has a sexual psychopathic personality by a court of 
31.27 	competent jurisdiction, within or without this state. Such adjudication shall automatically 
31.28 	suspend a registration license for its duration unless the board orders otherwise;
31.29 	(11) engaging in unprofessional conduct. Unprofessional conduct includes any 
31.30 	departure from or the failure to conform to the minimal standards of acceptable and 
31.31 	prevailing practice in which proceeding actual injury to a patient need not be established;
31.32 	(12) inability to practice with reasonable skill and safety to patients by reason of 
31.33 	illness, drunkenness, use of drugs, narcotics, chemicals, or any other type of material, or 
31.34 	as a result of any mental or physical condition, including deterioration through the aging 
31.35 	process or loss of motor skills;
32.1 	(13) revealing a privileged communication from or relating to a patient except when 
32.2 	otherwise required or permitted by law;
32.3 	(14) any use of identification of a physician assistant by the title "Physician," 
32.4 	"Doctor," or "Dr." in a patient care setting or in a communication directed to the general 
32.5 	public;
32.6 	(15) improper management of medical records, including failure to maintain 
32.7 	adequate medical records, to comply with a patient's request made pursuant to sections 
32.8 	144.291 to 144.298, or to furnish a medical record or report required by law; 
32.9 	(16) engaging in abusive or fraudulent billing practices, including violations of the 
32.10 	federal Medicare and Medicaid laws or state medical assistance laws;
32.11 	(17) becoming addicted or habituated to a drug or intoxicant;
32.12 	(18) prescribing a drug or device for other than medically accepted therapeutic, 
32.13 	experimental, or investigative purposes authorized by a state or federal agency or referring 
32.14 	a patient to any health care provider as defined in sections 144.291 to 144.298 for services 
32.15 	or tests not medically indicated at the time of referral; 
32.16 	(19) engaging in conduct with a patient which is sexual or may reasonably be 
32.17 	interpreted by the patient as sexual, or in any verbal behavior which is seductive or 
32.18 	sexually demeaning to a patient;
32.19 	(20) failure to make reports as required by section 147A.14 or to cooperate with an 
32.20 	investigation of the board as required by section 147A.15, subdivision 3; 
32.21 	(21) knowingly providing false or misleading information that is directly related 
32.22 	to the care of that patient unless done for an accepted therapeutic purpose such as the 
32.23 	administration of a placebo;
32.24 	(22) aiding suicide or aiding attempted suicide in violation of section 609.215 as 
32.25 	established by any of the following: 
32.26 	(i) a copy of the record of criminal conviction or plea of guilty for a felony in 
32.27 	violation of section 609.215, subdivision 1 or 2; 
32.28 	(ii) a copy of the record of a judgment of contempt of court for violating an 
32.29 	injunction issued under section 609.215, subdivision 4; 
32.30 	(iii) a copy of the record of a judgment assessing damages under section 609.215, 
32.31 	subdivision 5; or 
32.32 	(iv) a finding by the board that the person violated section 609.215, subdivision 1 or 
32.33 	2. The board shall investigate any complaint of a violation of section 609.215, subdivision 
32.34 	1 or 2; or 
32.35 	(23) failure to maintain annually reviewed and updated physician-physician 
32.36 	assistant delegation agreements, internal protocols, or prescribing delegation forms for 
33.1 	each physician-physician assistant practice relationship, or failure to provide copies of 
33.2 	such documents upon request by the board.
33.3 		Subd. 2.Effective dates, automatic suspension. A suspension, revocation, 
33.4 	condition, limitation, qualification, or restriction of a registration license shall be in effect 
33.5 	pending determination of an appeal unless the court, upon petition and for good cause 
33.6 	shown, orders otherwise.
33.7 	A physician assistant registration license is automatically suspended if:
33.8 	(1) a guardian of a registrant licensee is appointed by order of a court pursuant to 
33.9 	sections 524.5-101 to 524.5-502, for reasons other than the minority of the registrant
33.10 	licensee; or 
33.11 	(2) the registrant licensee is committed by order of a court pursuant to chapter 
33.12 	253B. The registration license remains suspended until the registrant licensee is restored 
33.13 	to capacity by a court and, upon petition by the registrant licensee, the suspension is 
33.14 	terminated by the board after a hearing.
33.15 		Subd. 3.Conditions on reissued registration license. In its discretion, the board 
33.16 	may restore and reissue a physician assistant registration license, but may impose as a 
33.17 	condition any disciplinary or corrective measure which it might originally have imposed.
33.18 		Subd. 4.Temporary suspension of registration license. In addition to any other 
33.19 	remedy provided by law, the board may, without a hearing, temporarily suspend the 
33.20 	registration license of a physician assistant if the board finds that the physician assistant has 
33.21 	violated a statute or rule which the board is empowered to enforce and continued practice 
33.22 	by the physician assistant would create a serious risk of harm to the public. The suspension 
33.23 	shall take effect upon written notice to the physician assistant, specifying the statute or 
33.24 	rule violated. The suspension shall remain in effect until the board issues a final order 
33.25 	in the matter after a hearing. At the time it issues the suspension notice, the board shall 
33.26 	schedule a disciplinary hearing to be held pursuant to the Administrative Procedure Act.
33.27 	The physician assistant shall be provided with at least 20 days' notice of any hearing 
33.28 	held pursuant to this subdivision. The hearing shall be scheduled to begin no later than 30 
33.29 	days after the issuance of the suspension order.
33.30 		Subd. 5.Evidence. In disciplinary actions alleging a violation of subdivision 
33.31 	1, clause (3) or (4), a copy of the judgment or proceeding under the seal of the court 
33.32 	administrator or of the administrative agency which entered it shall be admissible into 
33.33 	evidence without further authentication and shall constitute prima facie evidence of the 
33.34 	contents thereof.
33.35 		Subd. 6.Mental examination; access to medical data. (a) If the board has 
33.36 	probable cause to believe that a physician assistant comes under subdivision 1, clause 
34.1 	(1), it may direct the physician assistant to submit to a mental or physical examination. 
34.2 	For the purpose of this subdivision, every physician assistant registered licensed under 
34.3 	this chapter is deemed to have consented to submit to a mental or physical examination 
34.4 	when directed in writing by the board and further to have waived all objections to the 
34.5 	admissibility of the examining physicians' testimony or examination reports on the ground 
34.6 	that the same constitute a privileged communication. Failure of a physician assistant to 
34.7 	submit to an examination when directed constitutes an admission of the allegations against 
34.8 	the physician assistant, unless the failure was due to circumstance beyond the physician 
34.9 	assistant's control, in which case a default and final order may be entered without the 
34.10 	taking of testimony or presentation of evidence. A physician assistant affected under this 
34.11 	subdivision shall at reasonable intervals be given an opportunity to demonstrate that 
34.12 	the physician assistant can resume competent practice with reasonable skill and safety 
34.13 	to patients. In any proceeding under this subdivision, neither the record of proceedings 
34.14 	nor the orders entered by the board shall be used against a physician assistant in any 
34.15 	other proceeding.
34.16 	(b) In addition to ordering a physical or mental examination, the board may, 
34.17 	notwithstanding sections 13.384, 144.651, or any other law limiting access to medical or 
34.18 	other health data, obtain medical data and health records relating to a registrant licensee or 
34.19 	applicant without the registrant's licensee's or applicant's consent if the board has probable 
34.20 	cause to believe that a physician assistant comes under subdivision 1, clause (1). 
34.21 	The medical data may be requested from a provider, as defined in section 144.291, 
34.22 	subdivision 2, paragraph (h), an insurance company, or a government agency, including 
34.23 	the Department of Human Services. A provider, insurance company, or government 
34.24 	agency shall comply with any written request of the board under this subdivision and is not 
34.25 	liable in any action for damages for releasing the data requested by the board if the data 
34.26 	are released pursuant to a written request under this subdivision, unless the information 
34.27 	is false and the provider giving the information knew, or had reason to believe, the 
34.28 	information was false. Information obtained under this subdivision is classified as private 
34.29 	under chapter 13. 
34.30 		Subd. 7.Tax clearance certificate. (a) In addition to the provisions of subdivision 
34.31 	1, the board may not issue or renew a registration license if the commissioner of revenue 
34.32 	notifies the board and the registrant licensee or applicant for registration licensure that the 
34.33 	registrant licensee or applicant owes the state delinquent taxes in the amount of $500 or 
34.34 	more. The board may issue or renew the registration license only if:
34.35 	(1) the commissioner of revenue issues a tax clearance certificate; and
35.1 	(2) the commissioner of revenue, the registrant licensee, or the applicant forwards a 
35.2 	copy of the clearance to the board.
35.3 	The commissioner of revenue may issue a clearance certificate only if the registrant
35.4 	licensee or applicant does not owe the state any uncontested delinquent taxes.
35.5 	(b) For purposes of this subdivision, the following terms have the meanings given:
35.6 	(1) "Taxes" are all taxes payable to the commissioner of revenue, including penalties 
35.7 	and interest due on those taxes, and
35.8 	(2) "Delinquent taxes" do not include a tax liability if:
35.9 	(i) an administrative or court action that contests the amount or validity of the 
35.10 	liability has been filed or served;
35.11 	(ii) the appeal period to contest the tax liability has not expired; or
35.12 	(iii) the licensee or applicant has entered into a payment agreement to pay the 
35.13 	liability and is current with the payments.
35.14 	(c) When a registrant licensee or applicant is required to obtain a clearance certificate 
35.15 	under this subdivision, a contested case hearing must be held if the registrant licensee or 
35.16 	applicant requests a hearing in writing to the commissioner of revenue within 30 days of 
35.17 	the date of the notice provided in paragraph (a). The hearing must be held within 45 days 
35.18 	of the date the commissioner of revenue refers the case to the Office of Administrative 
35.19 	Hearings. Notwithstanding any law to the contrary, the licensee or applicant must be 
35.20 	served with 20 days' notice in writing specifying the time and place of the hearing and 
35.21 	the allegations against the registrant or applicant. The notice may be served personally or 
35.22 	by mail.
35.23 	(d) The board shall require all registrants licensees or applicants to provide their 
35.24 	Social Security number and Minnesota business identification number on all registration
35.25 	license applications. Upon request of the commissioner of revenue, the board must 
35.26 	provide to the commissioner of revenue a list of all registrants licensees and applicants, 
35.27 	including their names and addresses, Social Security numbers, and business identification 
35.28 	numbers. The commissioner of revenue may request a list of the registrants licensees and 
35.29 	applicants no more than once each calendar year.
35.30 		Subd. 8.Limitation. No board proceeding against a licensee shall be instituted 
35.31 	unless commenced within seven years from the date of commission of some portion of the 
35.32 	offense except for alleged violations of subdivision 1, clause (19), or subdivision 7.

35.33 	Sec. 16. Minnesota Statutes 2008, section 147A.16, is amended to read:
35.34 	147A.16 FORMS OF DISCIPLINARY ACTION.
36.1 	When the board finds that a registered licensed physician assistant has violated a 
36.2 	provision of this chapter, it may do one or more of the following:
36.3 	(1) revoke the registration license;
36.4 	(2) suspend the registration license;
36.5 	(3) impose limitations or conditions on the physician assistant's practice, including 
36.6 	limiting the scope of practice to designated field specialties; impose retraining or 
36.7 	rehabilitation requirements; require practice under additional supervision; or condition 
36.8 	continued practice on demonstration of knowledge or skills by appropriate examination 
36.9 	or other review of skill and competence;
36.10 	(4) impose a civil penalty not exceeding $10,000 for each separate violation, the 
36.11 	amount of the civil penalty to be fixed so as to deprive the physician assistant of any 
36.12 	economic advantage gained by reason of the violation charged or to reimburse the board 
36.13 	for the cost of the investigation and proceeding;
36.14 	(5) order the physician assistant to provide unremunerated professional service 
36.15 	under supervision at a designated public hospital, clinic, or other health care institution; or
36.16 	(6) censure or reprimand the registered licensed physician assistant.
36.17 	Upon judicial review of any board disciplinary action taken under this chapter, the 
36.18 	reviewing court shall seal the administrative record, except for the board's final decision, 
36.19 	and shall not make the administrative record available to the public.

36.20 	Sec. 17. Minnesota Statutes 2008, section 147A.18, is amended to read:
36.21 	147A.18 DELEGATED AUTHORITY TO PRESCRIBE, DISPENSE, AND 
36.22 	ADMINISTER DRUGS AND MEDICAL DEVICES.
36.23 		Subdivision 1.Delegation. (a) A supervising physician may delegate to a 
36.24 	physician assistant who is registered with licensed by the board, certified by the National 
36.25 	Commission on Certification of Physician Assistants or successor agency approved by the 
36.26 	board, and who is under the supervising physician's supervision, the authority to prescribe, 
36.27 	dispense, and administer legend drugs, medical devices, and controlled substances, and 
36.28 	medical devices subject to the requirements in this section. The authority to dispense 
36.29 	includes, but is not limited to, the authority to request, receive, and dispense sample drugs. 
36.30 	This authority to dispense extends only to those drugs described in the written agreement 
36.31 	developed under paragraph (b).
36.32 	(b) The delegation agreement between the physician assistant and supervising 
36.33 	physician and any alternate supervising physicians must include a statement by the 
36.34 	supervising physician regarding delegation or nondelegation of the functions of 
36.35 	prescribing, dispensing, and administering of legend drugs, controlled substances,  and 
37.1 	medical devices to the physician assistant. The statement must include a protocol 
37.2 	indicating categories of drugs for which the supervising physician delegates prescriptive 
37.3 	and dispensing authority, including controlled substances when applicable. The delegation 
37.4 	must be appropriate to the physician assistant's practice and within the scope of the 
37.5 	physician assistant's training. Physician assistants who have been delegated the authority 
37.6 	to prescribe, dispense, and administer legend drugs, controlled substances, and medical 
37.7 	devices shall provide evidence of current certification by the National Commission 
37.8 	on Certification of Physician Assistants or its successor agency when registering or 
37.9 	reregistering applying for licensure or license renewal as physician assistants. Physician 
37.10 	assistants who have been delegated the authority to prescribe controlled substances must 
37.11 	present evidence of the certification andalso hold a valid DEA certificate registration. 
37.12 	Supervising physicians shall retrospectively review the prescribing, dispensing, and 
37.13 	administering of legend and controlled drugs, controlled substances, and medical devices 
37.14 	by physician assistants, when this authority has been delegated to the physician assistant as 
37.15 	part of the physician-physician assistant delegation agreement between the physician and 
37.16 	the physician assistant. This review must take place as outlined in the internal protocol. 
37.17 	The process and schedule for the review must be outlined in the physician-physician 
37.18 	assistant delegation agreement.
37.19 	(c) The board may establish by rule:
37.20 	(1) a system of identifying physician assistants eligible to prescribe, administer, and 
37.21 	dispense legend drugs and medical devices;
37.22 	(2) a system of identifying physician assistants eligible to prescribe, administer, and 
37.23 	dispense controlled substances;
37.24 	(3) a method of determining the categories of legend and controlled drugs, controlled 
37.25 	substances, and medical devices that each physician assistant is allowed to prescribe, 
37.26 	administer, and dispense; and
37.27 	(4) a system of transmitting to pharmacies a listing of physician assistants eligible to 
37.28 	prescribe legend and controlled drugs, controlled substances, and medical devices.
37.29 		Subd. 2.Termination and reinstatement of prescribing authority. (a) The 
37.30 	authority of a physician assistant to prescribe, dispense, and administer legend drugs, 
37.31 	controlled substances, and medical devices shall end immediately when:
37.32 	(1) the physician-physician assistant delegation agreement is terminated;
37.33 	(2) the authority to prescribe, dispense, and administer is terminated or withdrawn 
37.34 	by the supervising physician; or
38.1 	(3) the physician assistant reverts toassistant's license is placed on  inactive status, 
38.2 	loses National Commission on Certification of Physician Assistants or successor agency 
38.3 	certification, or loses or terminates registration status;
38.4 	(4) the physician assistant loses National Commission on Certification of Physician 
38.5 	Assistants or successor agency certification; or
38.6 	(5) the physician assistant loses or terminates licensure status.
38.7 	(b) The physician assistant must notify the board in writing within ten days of the 
38.8 	occurrence of any of the circumstances listed in paragraph (a).
38.9 	(c) Physician assistants whose authority to prescribe, dispense, and administer 
38.10 	has been terminated shall reapply for reinstatement of prescribing authority under this 
38.11 	section and meet any requirements established by the board prior to reinstatement of the 
38.12 	prescribing, dispensing, and administering authority.
38.13 		Subd. 3.Other requirements and restrictions. (a) The supervising physician and 
38.14 	the physician assistant must complete, sign, and date an internal protocol which lists each 
38.15 	category of drug or medical device, or controlled substance the physician assistant may 
38.16 	prescribe, dispense, and administer. The supervising physician and physician assistant 
38.17 	shall submit the internal protocol to the board upon request. The supervising physician 
38.18 	may amend the internal protocol as necessary, within the limits of the completed delegation 
38.19 	form in subdivision 5. The supervising physician and physician assistant must sign and 
38.20 	date any amendments to the internal protocol. Any amendments resulting in a change to 
38.21 	an addition or deletion to categories delegated in the delegation form in subdivision 5 must 
38.22 	be submitted to the board according to this chapter, along with the fee required.
38.23 	(b) The supervising physician and physician assistant shall review delegation of 
38.24 	prescribing, dispensing, and administering authority on an annual basis at the time of 
38.25 	reregistration. The internal protocol must be signed and dated by the supervising physician 
38.26 	and physician assistant after review. Any amendments to the internal protocol resulting in 
38.27 	changes to the delegation form in subdivision 5 must be submitted to the board according 
38.28 	to this chapter, along with the fee required.
38.29 	(c)(a) Each prescription initiated by a physician assistant shall indicate the 
38.30 	following:
38.31 	(1) the date of issue;
38.32 	(2) the name and address of the patient;
38.33 	(3) the name and quantity of the drug prescribed;
38.34 	(4) directions for use; and
38.35 	(5) the name and address of the prescribing physician assistant.
39.1 	(d) (b) In prescribing, dispensing, and administering legend drugs, controlled 
39.2 	substances, and medical devices, including controlled substances as defined in section 
39.3 	152.01, subdivision 4, a physician assistant must conform with the agreement, chapter 
39.4 	151, and this chapter.
39.5 		Subd. 4.Notification of pharmacies. (a) The board shall annually provide to the 
39.6 	Board of Pharmacy and to registered pharmacies within the state a list of those physician 
39.7 	assistants who are authorized to prescribe, administer, and dispense legend drugs and 
39.8 	medical devices, or controlled substances.
39.9 	(b) The board shall provide to the Board of Pharmacy a list of physician assistants 
39.10 	authorized to prescribe legend drugs and medical devices every two months if additional 
39.11 	physician assistants are authorized to prescribe or if physician assistants have authorization 
39.12 	to prescribe withdrawn.
39.13 	(c) The list must include the name, address, telephone number, and Minnesota 
39.14 	registration number of the physician assistant, and the name, address, telephone number, 
39.15 	and Minnesota license number of the supervising physician.
39.16 	(d) The board shall provide the form in subdivision 5 to pharmacies upon request.
39.17 	(e) The board shall make available prototype forms of the physician-physician 
39.18 	assistant agreement, the internal protocol, the delegation form, and the addendum form.
39.19 		Subd. 5.Delegation form for physician assistant prescribing. The delegation 
39.20 	form for physician assistant prescribing must contain a listing by drug category of the 
39.21 	legend drugs and controlled substances for which prescribing authority has been delegated 
39.22 	to the physician assistant.

39.23 	Sec. 18. Minnesota Statutes 2008, section 147A.19, is amended to read:
39.24 	147A.19 IDENTIFICATION REQUIREMENTS.
39.25 	Physician assistants registered licensed under this chapter shall keep their 
39.26 	registration license available for inspection at their primary place of business and shall, 
39.27 	when engaged in their professional activities, wear a name tag identifying themselves as 
39.28 	a "physician assistant."

39.29 	Sec. 19. Minnesota Statutes 2008, section 147A.20, is amended to read:
39.30 	147A.20 PHYSICIAN AND PHYSICIAN PHYSICIAN-PHYSICIAN
39.31 	ASSISTANT AGREEMENT DOCUMENTS.
39.32 		Subdivision 1.Physician-physician assistant delegation agreement. (a) A 
39.33 	physician assistant and supervising physician must sign an a physician-physician assistant 
40.1 	delegation agreement which specifies scope of practice and amount and manner of 
40.2 	supervision as required by the board. The agreement must contain:
40.3 	(1) a description of the practice setting;
40.4 	(2) a statement of practice type/specialty;
40.5 	(3) a listing of categories of delegated duties;
40.6 	(4) (3) a description of supervision type, amount, and frequency; and
40.7 	(5) (4) a description of the process and schedule for review of prescribing, 
40.8 	dispensing, and administering legend and controlled drugs and medical devices by the 
40.9 	physician assistant authorized to prescribe.
40.10 	(b) The agreement must be maintained by the supervising physician and physician 
40.11 	assistant and made available to the board upon request. If there is a delegation of 
40.12 	prescribing, administering, and dispensing of legend drugs, controlled substances, and 
40.13 	medical devices, the agreement shall include an internal protocol and delegation form a 
40.14 	description of the prescriptive authority delegated to the physician assistant. Physician 
40.15 	assistants shall have a separate agreement for each place of employment. Agreements 
40.16 	must be reviewed and updated on an annual basis. The supervising physician and 
40.17 	physician assistant must maintain the physician-physician assistant delegation agreement, 
40.18 	delegation form, and internal protocol at the address of record. Copies shall be provided to 
40.19 	the board upon request.
40.20 	(c) Physician assistants must provide written notification to the board within 30 
40.21 	days of the following:
40.22 	(1) name change;
40.23 	(2) address of record change; and
40.24 	(3) telephone number of record change; and.
40.25 	(4) addition or deletion of alternate supervising physician provided that the 
40.26 	information submitted includes, for an additional alternate physician, an affidavit of 
40.27 	consent to act as an alternate supervising physician signed by the alternate supervising 
40.28 	physician.
40.29 	(d) Modifications requiring submission prior to the effective date are changes to the 
40.30 	practice setting description which include:
40.31 	(1) supervising physician change, excluding alternate supervising physicians; or
40.32 	(2) delegation of prescribing, administering, or dispensing of legend drugs, 
40.33 	controlled substances, or medical devices.
40.34 	(e) The agreement must be completed and the practice setting description submitted 
40.35 	to the board before providing medical care as a physician assistant.
41.1 	(d) Any alternate supervising physicians must be identified in the physician-physician 
41.2 	assistant delegation agreement, or a supplemental listing, and must sign the agreement 
41.3 	attesting that they shall provide the physician assistant with supervision in compliance 
41.4 	with this chapter, the delegation agreement, and board rules.
41.5 		Subd. 2.Notification of intent to practice. A licensed physician assistant shall 
41.6 	submit a notification of intent to practice to the board prior to beginning practice. The 
41.7 	notification shall include the name, business address, and telephone number of the 
41.8 	supervising physician and the physician assistant. Individuals who practice without 
41.9 	submitting a notification of intent to practice shall be subject to disciplinary action under 
41.10 	section 147A.13 for practicing without a license, unless the care is provided in response to 
41.11 	a disaster or emergency situation according to section 147A.23.

41.12 	Sec. 20. Minnesota Statutes 2008, section 147A.21, is amended to read:
41.13 	147A.21 RULEMAKING AUTHORITY.
41.14 	The board shall adopt rules:
41.15 	(1) setting registration license fees;
41.16 	(2) setting renewal fees;
41.17 	(3) setting fees for locum tenens permits;
41.18 	(4) setting fees for temporary registration licenses; and
41.19 	(5) (4) establishing renewal dates.

41.20 	Sec. 21. Minnesota Statutes 2008, section 147A.23, is amended to read:
41.21 	147A.23 RESPONDING TO DISASTER SITUATIONS.
41.22 	(a) A registered physician assistant or a physician assistant duly licensed or 
41.23 	credentialed in a United States jurisdiction or by a federal employer who is responding 
41.24 	to a need for medical care created by an emergency according to section 604A.01, or a 
41.25 	state or local disaster may render such care as the physician assistant is able trained to 
41.26 	provide, under the physician assistant's license, registration, or credential, without the 
41.27 	need of a physician and physician physician-physician assistant delegation agreement or 
41.28 	a notice of intent to practice as required under section 147A.20. Physician supervision, 
41.29 	as required under section 147A.09, must be provided under the direction of a physician 
41.30 	licensed under chapter 147 who is involved with the disaster response. The physician 
41.31 	assistant must establish a temporary supervisory agreement with the physician providing 
41.32 	supervision before rendering care.A physician assistant may provide emergency care 
41.33 	without physician supervision or under the supervision that is available.
42.1 	(b) The physician who provides supervision to a physician assistant while the 
42.2 	physician assistant is rendering care in a disaster in accordance with this section may do 
42.3 	so without meeting the requirements of section 147A.20.  
42.4 	(c) The supervising physician who otherwise provides supervision to a physician 
42.5 	assistant under a physician and physician physician-physician assistant delegation
42.6 	agreement described in section 147A.20 shall not be held medically responsible for the 
42.7 	care rendered by a physician assistant pursuant to paragraph (a). Services provided by 
42.8 	a physician assistant under paragraph (a) shall be considered outside the scope of the 
42.9 	relationship between the supervising physician and the physician assistant.  

42.10 	Sec. 22. Minnesota Statutes 2008, section 147A.24, is amended to read:
42.11 	147A.24 CONTINUING EDUCATION REQUIREMENTS.
42.12 		Subdivision 1.Amount of education required. Applicants for registration license
42.13 	renewal or reregistration must either attest to and document meet standards for continuing 
42.14 	education through current certification by the National Commission on Certification 
42.15 	of Physician Assistants, or its successor agency as approved by the board, or provide 
42.16 	evidence of successful completion of at least 50 contact hours of continuing education 
42.17 	within the two years immediately preceding registration license renewal, reregistration, 
42.18 	or attest to and document taking the national certifying examination required by this 
42.19 	chapter within the past two years.
42.20 		Subd. 2.Type of education required. Approved Continuing education is approved 
42.21 	if it is equivalent to category 1 credit hours as defined by the American Osteopathic 
42.22 	Association Bureau of Professional Education, the Royal College of Physicians and 
42.23 	Surgeons of Canada, the American Academy of Physician Assistants, or by organizations 
42.24 	that have reciprocal arrangements with the physician recognition award program of the 
42.25 	American Medical Association.

42.26 	Sec. 23. Minnesota Statutes 2008, section 147A.26, is amended to read:
42.27 	147A.26 PROCEDURES.
42.28 	The board shall establish, in writing, internal operating procedures for receiving and 
42.29 	investigating complaints, accepting and processing applications, granting registrations
42.30 	licenses, and imposing enforcement actions. The written internal operating procedures 
42.31 	may include procedures for sharing complaint information with government agencies in 
42.32 	this and other states. Procedures for sharing complaint information must be consistent 
42.33 	with the requirements for handling government data under chapter 13.

43.1 	Sec. 24. Minnesota Statutes 2008, section 147A.27, is amended to read:
43.2 	147A.27 PHYSICIAN ASSISTANT ADVISORY COUNCIL.
43.3 		Subdivision 1.Membership. (a) The Physician Assistant Advisory Council is 
43.4 	created and is composed of seven persons appointed by the board. The seven persons 
43.5 	must include:
43.6 	(1) two public members, as defined in section 214.02;  
43.7 	(2) three physician assistants registered licensed under this chapter who meet the 
43.8 	criteria for a new applicant under section 147A.02; and
43.9 	(3) two licensed physicians with experience supervising physician assistants.
43.10 	(b) No member shall serve more than a total of two consecutive terms. If a member 
43.11 	is appointed for a partial term and serves more than half of that term it shall be considered 
43.12 	a full term. Members serving on the council as of July 1, 2000, shall be allowed to 
43.13 	complete their current terms.
43.14 		Subd. 2.Organization. The council shall be organized and administered under 
43.15 	section 15.059.
43.16 		Subd. 3.Duties. The council shall advise the board regarding:
43.17 	(1) physician assistant registration licensure standards;
43.18 	(2) enforcement of grounds for discipline;
43.19 	(3) distribution of information regarding physician assistant registration licensure
43.20 	standards;
43.21 	(4) applications and recommendations of applicants for registration licensure or 
43.22 	registration license renewal; and
43.23 	(5) complaints and recommendations to the board regarding disciplinary matters and 
43.24 	proceedings concerning applicants and registrants licensees according to sections 214.10; 
43.25 	214.103; and 214.13, subdivisions 6 and 7; and
43.26 	(6) issues related to physician assistant practice and regulation.  
43.27 	The council shall perform other duties authorized for the council by chapter 214 
43.28 	as directed by the board.

43.29 	Sec. 25. Minnesota Statutes 2008, section 169.345, subdivision 2, is amended to read:
43.30 		Subd. 2.Definitions. (a) For the purpose of section 168.021 and this section, the 
43.31 	following terms have the meanings given them in this subdivision.
43.32 	(b) "Health professional" means a licensed physician, registered licensed physician 
43.33 	assistant, advanced practice registered nurse, or licensed chiropractor.
43.34 	(c) "Long-term certificate" means a certificate issued for a period greater than 12 
43.35 	months but not greater than 71 months.
44.1 	(d) "Organization certificate" means a certificate issued to an entity other than a 
44.2 	natural person for a period of three years.
44.3 	(e) "Permit" refers to a permit that is issued for a period of 30 days, in lieu of the 
44.4 	certificate referred to in subdivision 3, while the application is being processed.
44.5 	(f) "Physically disabled person" means a person who:
44.6 	(1) because of disability cannot walk without significant risk of falling;
44.7 	(2) because of disability cannot walk 200 feet without stopping to rest;
44.8 	(3) because of disability cannot walk without the aid of another person, a walker, a 
44.9 	cane, crutches, braces, a prosthetic device, or a wheelchair;
44.10 	(4) is restricted by a respiratory disease to such an extent that the person's forced 
44.11 	(respiratory) expiratory volume for one second, when measured by spirometry, is less 
44.12 	than one liter;
44.13 	(5) has an arterial oxygen tension (PAO2) of less than 60 mm/Hg on room air at rest;
44.14 	(6) uses portable oxygen;
44.15 	(7) has a cardiac condition to the extent that the person's functional limitations are 
44.16 	classified in severity as class III or class IV according to standards set by the American 
44.17 	Heart Association;
44.18 	(8) has lost an arm or a leg and does not have or cannot use an artificial limb; or
44.19 	(9) has a disability that would be aggravated by walking 200 feet under normal 
44.20 	environmental conditions to an extent that would be life threatening.
44.21 	(g) "Short-term certificate" means a certificate issued for a period greater than six 
44.22 	months but not greater than 12 months.
44.23 	(h) "Six-year certificate" means a certificate issued for a period of six years.
44.24 	(i) "Temporary certificate" means a certificate issued for a period not greater than 
44.25 	six months.

44.26 	Sec. 26. Minnesota Statutes 2008, section 253B.02, subdivision 7, is amended to read:
44.27 		Subd. 7.Examiner. "Examiner" means a person who is knowledgeable, trained, and 
44.28 	practicing in the diagnosis and assessment or in the treatment of the alleged impairment, 
44.29 	and who is:
44.30 	(1) a licensed physician;
44.31 	(2) a licensed psychologist who has a doctoral degree in psychology or who became 
44.32 	a licensed consulting psychologist before July 2, 1975; or
44.33 	(3) an advanced practice registered nurse certified in mental health or a licensed 
44.34 	physician assistant, except that only a physician or psychologist meeting these 
44.35 	requirements may be appointed by the court as described by sections 253B.07, subdivision 
45.1 	3; 253B.092, subdivision 8, paragraph (b); 253B.17, subdivision 3; 253B.18, subdivision 
45.2 	2; and 253B.19, subdivisions 1 and 2, and only a physician or psychologist may conduct 
45.3 	an assessment as described by Minnesota Rules of Criminal Procedure, rule 20.

45.4 	Sec. 27. Minnesota Statutes 2008, section 253B.05, subdivision 2, is amended to read:
45.5 		Subd. 2.Peace or health officer authority. (a) A peace or health officer may take a 
45.6 	person into custody and transport the person to a licensed physician or treatment facility if 
45.7 	the officer has reason to believe, either through direct observation of the person's behavior, 
45.8 	or upon reliable information of the person's recent behavior and knowledge of the person's 
45.9 	past behavior or psychiatric treatment, that the person is mentally ill or developmentally 
45.10 	disabled and in danger of injuring self or others if not immediately detained. A peace or 
45.11 	health officer or a person working under such officer's supervision, may take a person 
45.12 	who is believed to be chemically dependent or is intoxicated in public into custody and 
45.13 	transport the person to a treatment facility. If the person is intoxicated in public or is 
45.14 	believed to be chemically dependent and is not in danger of causing self-harm or harm to 
45.15 	any person or property, the peace or health officer may transport the person home. The 
45.16 	peace or health officer shall make written application for admission of the person to the 
45.17 	treatment facility. The application shall contain the peace or health officer's statement 
45.18 	specifying the reasons for and circumstances under which the person was taken into 
45.19 	custody. If danger to specific individuals is a basis for the emergency hold, the statement 
45.20 	must include identifying information on those individuals, to the extent practicable. A 
45.21 	copy of the statement shall be made available to the person taken into custody.
45.22 	(b) As far as is practicable, a peace officer who provides transportation for a person 
45.23 	placed in a facility under this subdivision may not be in uniform and may not use a vehicle 
45.24 	visibly marked as a law enforcement vehicle.
45.25 	(c) A person may be admitted to a treatment facility for emergency care and 
45.26 	treatment under this subdivision with the consent of the head of the facility under the 
45.27 	following circumstances: (1) a written statement shall only be made by the following 
45.28 	individuals who are knowledgeable, trained, and practicing in the diagnosis and treatment 
45.29 	of mental illness or developmental disability; the medical officer, or the officer's designee 
45.30 	on duty at the facility, including a licensed physician, a registered licensed physician 
45.31 	assistant, or an advanced practice registered nurse who after preliminary examination has 
45.32 	determined that the person has symptoms of mental illness or developmental disability 
45.33 	and appears to be in danger of harming self or others if not immediately detained; or (2) a 
45.34 	written statement is made by the institution program director or the director's designee 
45.35 	on duty at the facility after preliminary examination that the person has symptoms 
46.1 	of chemical dependency and appears to be in danger of harming self or others if not 
46.2 	immediately detained or is intoxicated in public.

46.3 	Sec. 28. Minnesota Statutes 2008, section 256B.0625, subdivision 28a, is amended to 
46.4 	read:
46.5 		Subd. 28a.Registered Licensed physician assistant services. Medical assistance 
46.6 	covers services performed by a registered licensed physician assistant if the service is 
46.7 	otherwise covered under this chapter as a physician service and if the service is within the 
46.8 	scope of practice of a registered licensed physician assistant as defined in section 147A.09. 

46.9 	Sec. 29. Minnesota Statutes 2008, section 256B.0751, subdivision 1, is amended to 
46.10 	read:
46.11 		Subdivision 1.Definitions. (a) For purposes of sections 256B.0751 to 256B.0753, 
46.12 	the following definitions apply.
46.13 	(b) "Commissioner" means the commissioner of human services.
46.14 	(c) "Commissioners" means the commissioner of humans services and the 
46.15 	commissioner of health, acting jointly.
46.16 	(d) "Health plan company" has the meaning provided in section 62Q.01, subdivision 
46.17 	4.
46.18 	(e) "Personal clinician" means a physician licensed under chapter 147, a physician 
46.19 	assistant registered licensed and practicing under chapter 147A, or an advanced practice 
46.20 	nurse licensed and registered to practice under chapter 148.
46.21 	(f) "State health care program" means the medical assistance, MinnesotaCare, and 
46.22 	general assistance medical care programs.

46.23 	Sec. 30.  REPEALER.
 46.24 	Minnesota Statutes 2008, section 147A.22, is repealed.

46.25 	Sec. 31. EFFECTIVE DATE.
 46.26 	Sections 1 to 30 are effective July 1, 2009.

46.27 	ARTICLE 6
46.28 	PSYCHOLOGISTS

46.29 	Section 1. Minnesota Statutes 2008, section 62M.09, subdivision 3a, is amended to 
46.30 	read:
47.1 		Subd. 3a.Mental health and substance abuse reviews. (a) A peer of the treating 
47.2 	mental health or substance abuse provider or a physician must review requests for 
47.3 	outpatient services in which the utilization review organization has concluded that a 
47.4 	determination not to certify a mental health or substance abuse service for clinical reasons 
47.5 	is appropriate, provided that any final determination not to certify treatment is made 
47.6 	by a psychiatrist certified by the American Board of Psychiatry and Neurology and 
47.7 	appropriately licensed in this state or by a doctoral-level psychologist licensed in this state 
47.8 	if the treating provider is a psychologist.
47.9 	(b) Notwithstanding the notification requirements of section 62M.05, a utilization 
47.10 	review organization that has made an initial decision to certify in accordance with the 
47.11 	requirements of section 62M.05 may elect to provide notification of a determination to 
47.12 	continue coverage through facsimile or mail.
47.13 	(c) This subdivision does not apply to determinations made in connection with 
47.14 	policies issued by a health plan company that is assessed less than three percent of the 
47.15 	total amount assessed by the Minnesota Comprehensive Health Association. 

47.16 	Sec. 2. Minnesota Statutes 2008, section 62U.09, subdivision 2, is amended to read:
47.17 		Subd. 2.Members. (a) The Health Care Reform Review Council shall consist of 14
47.18 	15 members who are appointed as follows:
47.19 	(1) two members appointed by the Minnesota Medical Association, at least one 
47.20 	of whom must represent rural physicians; 
47.21 	(2) one member appointed by the Minnesota Nurses Association;
47.22 	(3) two members appointed by the Minnesota Hospital Association, at least one of 
47.23 	whom must be a rural hospital administrator;
47.24 	(4) one member appointed by the Minnesota Academy of Physician Assistants;
47.25 	(5) one member appointed by the Minnesota Business Partnership;
47.26 	(6) one member appointed by the Minnesota Chamber of Commerce;
47.27 	(7) one member appointed by the SEIU Minnesota State Council; 
47.28 	(8) one member appointed by the AFL-CIO;
47.29 	(9) one member appointed by the Minnesota Council of Health Plans;
47.30 	(10) one member appointed by the Smart Buy Alliance;
47.31 	(11) one member appointed by the Minnesota Medical Group Management 
47.32 	Association; and
47.33 	(12) one consumer member appointed by AARP Minnesota; and
47.34 	(13) one member appointed by the Minnesota Psychological Association.
48.1 	(b) If a member is no longer able or eligible to participate, a new member shall be 
48.2 	appointed by the entity that appointed the outgoing member.

48.3 	Sec. 3. Minnesota Statutes 2008, section 148.89, subdivision 5, is amended to read:
48.4 		Subd. 5.Practice of psychology. "Practice of psychology" means the observation, 
48.5 	description, evaluation, interpretation, or modification of human behavior by the 
48.6 	application of psychological principles, methods, or procedures for any reason, including 
48.7 	to prevent, eliminate, or manage symptomatic, maladaptive, or undesired behavior and to 
48.8 	enhance interpersonal relationships, work, life and developmental adjustment, personal 
48.9 	and organizational effectiveness, behavioral health, and mental health. The practice of 
48.10 	psychology includes, but is not limited to, the following services, regardless of whether 
48.11 	the provider receives payment for the services:
48.12 	(1) psychological research and teaching of psychology;
48.13 	(2) assessment, including psychological testing and other means of evaluating 
48.14 	personal characteristics such as intelligence, personality, abilities, interests, aptitudes, and 
48.15 	neuropsychological functioning;
48.16 	(3) a psychological report, whether written or oral, including testimony of a provider 
48.17 	as an expert witness, concerning the characteristics of an individual or entity;
48.18 	(4) psychotherapy, including but not limited to, categories such as behavioral, 
48.19 	cognitive, emotive, systems, psychophysiological, or insight-oriented therapies; 
48.20 	counseling; hypnosis; and diagnosis and treatment of:
48.21 	(i) mental and emotional disorder or disability;
48.22 	(ii) alcohol and substance dependence or abuse;
48.23 	(iii) disorders of habit or conduct;
48.24 	(iv) the psychological aspects of physical illness or condition, accident, injury, or 
48.25 	disability, including the psychological impact of medications;
48.26 	(v) life adjustment issues, including work-related and bereavement issues; and
48.27 	(vi) child, family, or relationship issues;
48.28 	(5) psychoeducational services and treatment; and
48.29 	(6) consultation and supervision.

48.30 	Sec. 4. DEADLINE FOR APPOINTMENT.
 48.31 	The Minnesota Psychological Association must appoint its member to the Health 
48.32 	Care Reform Review Council under section 2 no later than October 1, 2009.

49.1 	ARTICLE 7
49.2 	NUTRITIONISTS

49.3 	Section 1. Minnesota Statutes 2008, section 148.624, subdivision 2, is amended to read:
49.4 		Subd. 2.Nutrition. The board shall issue a license as a nutritionist to a person who 
49.5 	files a completed application, pays all required fees, and certifies and furnishes evidence 
49.6 	satisfactory to the board that the applicant:
49.7 	(1) meets the following qualifications:
49.8 	(i) has received a master's or doctoral degree from an accredited or approved college 
49.9 	or university with a major in human nutrition, public health nutrition, clinical nutrition, 
49.10 	nutrition education, community nutrition, or food and nutrition; and
49.11 	(ii) has completed a documented supervised preprofessional practice experience 
49.12 	component in dietetic practice of not less than 900 hours under the supervision of a 
49.13 	registered dietitian, a state licensed nutrition professional, or an individual with a doctoral 
49.14 	degree conferred by a United States regionally accredited college or university with a 
49.15 	major course of study in human nutrition, nutrition education, food and nutrition, dietetics, 
49.16 	or food systems management. Supervised practice experience must be completed in the 
49.17 	United States or its territories. Supervisors who obtain their doctoral degree outside the 
49.18 	United States and its territories must have their degrees validated as equivalent to the 
49.19 	doctoral degree conferred by a United States regionally accredited college or university; or
49.20 	(2) has qualified as a diplomate of the American Board of Nutrition, Springfield, 
49.21 	Virginia received certification as a Certified Nutrition Specialist by the Certification Board 
49.22 	for Nutrition Specialists.

49.23 	Sec. 2.  REPEALER.
 49.24 	Minnesota Statutes 2008, section 148.627, is repealed.

49.25 	ARTICLE 8
49.26 	SOCIAL WORK - AMENDMENTS TO CURRENT LICENSING STATUTE

49.27 	Section 1. Minnesota Statutes 2008, section 148D.010, is amended by adding a 
49.28 	subdivision to read:
49.29 		Subd. 6a.Clinical supervision. "Clinical supervision" means supervision, as 
49.30 	defined in subdivision 16, of a social worker engaged in clinical practice, as defined in 
49.31 	subdivision 6.

50.1 	Sec. 2. Minnesota Statutes 2008, section 148D.010, is amended by adding a 
50.2 	subdivision to read:
50.3 		Subd. 6b.Graduate degree. "Graduate degree" means a master's degree in social 
50.4 	work from a program accredited by the Council on Social Work Education, the Canadian 
50.5 	Association of Schools of Social Work, or a similar accreditation body designated by the 
50.6 	board, or a doctorate in social work from an accredited university.

50.7 	Sec. 3. Minnesota Statutes 2008, section 148D.010, subdivision 9, is amended to read:
50.8 		Subd. 9.Practice of social work. (a) "Practice of social work" means working 
50.9 	to maintain, restore, or improve behavioral, cognitive, emotional, mental, or social 
50.10 	functioning of clients, in a manner that applies accepted professional social work 
50.11 	knowledge, skills, and values, including the person-in-environment perspective, by 
50.12 	providing in person or through telephone, video conferencing, or electronic means one or 
50.13 	more of the social work services described in paragraph (b), clauses (1) to (3). Social work 
50.14 	services may address conditions that impair or limit behavioral, cognitive, emotional, 
50.15 	mental, or social functioning. Such conditions include, but are not limited to, the 
50.16 	following: abuse and neglect of children or vulnerable adults, addictions, developmental 
50.17 	disorders, disabilities, discrimination, illness, injuries, poverty, and trauma. Practice 
50.18 	of social work also means providing social work services in a position for which the 
50.19 	educational basis is the individual's degree in social work described in subdivision 13.
50.20 	(b) Social work services include:
50.21 	(1) providing assessment and intervention through direct contact with clients, 
50.22 	developing a plan based on information from an assessment, and providing services which 
50.23 	include, but are not limited to, assessment, case management, client-centered advocacy, 
50.24 	client education, consultation, counseling, crisis intervention, and referral;
50.25 	(2) providing for the direct or indirect benefit of clients through administrative, 
50.26 	educational, policy, or research services including, but not limited to:
50.27 	(i) advocating for policies, programs, or services to improve the well-being of clients;
50.28 	(ii) conducting research related to social work services;
50.29 	(iii) developing and administering programs which provide social work services;
50.30 	(iv) engaging in community organization to address social problems through 
50.31 	planned collective action;
50.32 	(v) supervising individuals who provide social work services to clients;
50.33 	(vi) supervising social workers in order to comply with the supervised practice 
50.34 	requirements specified in sections 148D.100 to 148D.125; and
50.35 	(vii) teaching professional social work knowledge, skills, and values to students; and
51.1 	(3) engaging in clinical practice.

51.2 	Sec. 4. Minnesota Statutes 2008, section 148D.010, subdivision 15, is amended to read:
51.3 		Subd. 15.Supervisee. "Supervisee" means an individual provided evaluation and 
51.4 	supervision or direction by a social worker an individual who meets the requirements of 
51.5 	section 148D.120.

51.6 	Sec. 5. Minnesota Statutes 2008, section 148D.010, is amended by adding a 
51.7 	subdivision to read:
51.8 		Subd. 17.Supervisor. "Supervisor" means an individual who provides evaluation 
51.9 	and direction through supervision as specified in subdivision 16, in order to comply with 
51.10 	sections 148D.100 to 148D.125.

51.11 	Sec. 6. Minnesota Statutes 2008, section 148D.025, subdivision 2, is amended to read:
51.12 		Subd. 2.Qualifications of board members. (a) All social worker members must 
51.13 	have engaged in the practice of social work in Minnesota for at least one year during 
51.14 	the ten years preceding their appointments.
51.15 	(b) Five social worker members must be licensed social workers according to 
51.16 	section 148D.055, subdivision 2. The other five members must be include a licensed 
51.17 	graduate social worker, a licensed independent social worker, or a and at least two licensed 
51.18 	independent clinical social worker workers.
51.19 	(c) Eight social worker members must be engaged at the time of their appointment in 
51.20 	the practice of social work in Minnesota in the following settings:
51.21 	(1) one member must be engaged in the practice of social work in a county agency;
51.22 	(2) one member must be engaged in the practice of social work in a state agency;
51.23 	(3) one member must be engaged in the practice of social work in an elementary, 
51.24 	middle, or secondary school;
51.25 	(4) one member must be employed in a hospital or nursing home licensed under 
51.26 	chapter 144 or 144A;
51.27 	(5) two members one member must be engaged in the practice of social work in a 
51.28 	private agency;
51.29 	(6) one member two members must be engaged in the practice of social work in a 
51.30 	clinical social work setting; and
51.31 	(7) one member must be an educator engaged in regular teaching duties at a 
51.32 	program of social work accredited by the Council on Social Work Education or a similar 
51.33 	accreditation body designated by the board.
52.1 	(d) At the time of their appointments, at least six members must reside outside of the 
52.2 	seven-county 11-county metropolitan area.
52.3 	(e) At the time of their appointments, at least five members must be persons with 
52.4 	expertise in communities of color.

52.5 	Sec. 7. Minnesota Statutes 2008, section 148D.025, subdivision 3, is amended to read:
52.6 		Subd. 3.Officers. The board must annually biennially elect from its membership a 
52.7 	chair, vice-chair, and secretary-treasurer.

52.8 	Sec. 8. Minnesota Statutes 2008, section 148D.061, subdivision 6, is amended to read:
52.9 		Subd. 6.Evaluation by supervisor. (a) After being issued a provisional license 
52.10 	under subdivision 1, the licensee licensee's supervisor must submit an evaluation by the 
52.11 	licensee's supervisor every six months during the first 2,000 hours of social work practice. 
52.12 	The evaluation must meet the requirements in section 148D.063. The supervisor must 
52.13 	meet the eligibility requirements specified in section 148D.062.
52.14 	(b) After completion of 2,000 hours of supervised social work practice, the licensee's 
52.15 	supervisor must submit a final evaluation and attest to the applicant's ability to engage in 
52.16 	the practice of social work safely and competently and ethically.

52.17 	Sec. 9. Minnesota Statutes 2008, section 148D.061, subdivision 8, is amended to read:
52.18 		Subd. 8.Disciplinary or other action. The board may take action according to 
52.19 	sections 148D.260 to 148D.270 if:
52.20 	(1) the licensee's supervisor does not submit an evaluation as required by section 
52.21 	148D.062 148D.063;
52.22 	(2) an evaluation submitted according to section 148D.062 148D.063 indicates that 
52.23 	the licensee cannot practice social work competently and safely ethically; or
52.24 	(3) the licensee does not comply with the requirements of subdivisions 1 to 7.

52.25 	Sec. 10. Minnesota Statutes 2008, section 148D.062, subdivision 2, is amended to read:
52.26 		Subd. 2.Practice requirements. The supervision required by subdivision 1 must 
52.27 	be obtained during the first 2,000 hours of social work practice after the effective date of 
52.28 	the provisional license. At least three hours of supervision must be obtained during every 
52.29 	160 hours of practice under a provisional license until a permanent license is issued.

52.30 	Sec. 11. Minnesota Statutes 2008, section 148D.063, subdivision 2, is amended to read:
53.1 		Subd. 2.Evaluation. (a) When a supervisee licensee's supervisor submits an 
53.2 	evaluation to the board according to section 148D.061, subdivision 6, the supervisee and 
53.3 	supervisor must provide the following information on a form provided by the board:
53.4 	(1) the name of the supervisee, the name of the agency in which the supervisee is 
53.5 	being supervised, and the supervisee's position title;
53.6 	(2) the name and qualifications of the supervisor;
53.7 	(3) the number of hours and dates of each type of supervision completed;
53.8 	(4) the supervisee's position description;
53.9 	(5) a declaration that the supervisee has not engaged in conduct in violation of the 
53.10 	standards of practice in sections 148D.195 to 148D.240;
53.11 	(6) a declaration that the supervisee has practiced competently and ethically 
53.12 	according to professional social work knowledge, skills, and values; and
53.13 	(7) on a form provided by the board, an evaluation of the licensee's practice in 
53.14 	the following areas:
53.15 	(i) development of professional social work knowledge, skills, and values;
53.16 	(ii) practice methods;
53.17 	(iii) authorized scope of practice;
53.18 	(iv) ensuring continuing competence;
53.19 	(v) ethical standards of practice; and
53.20 	(vi) clinical practice, if applicable.
53.21 	(b) The information provided on the evaluation form must demonstratesupervisor 
53.22 	must attest to the satisfaction of the board that the supervisee has met or has made progress 
53.23 	on meeting the applicable supervised practice requirements.

53.24 	Sec. 12. Minnesota Statutes 2008, section 148D.125, subdivision 1, is amended to read:
53.25 		Subdivision 1.Supervision plan. (a) A social worker must submit, on a form 
53.26 	provided by the board, a supervision plan for meeting the supervision requirements 
53.27 	specified in sections 148D.100 to 148D.120.
53.28 	(b) The supervision plan must be submitted no later than 90 60 days after the 
53.29 	licensee begins a social work practice position after becoming licensed.
53.30 	(c) For failure to submit the supervision plan within 90 60 days after beginning a 
53.31 	social work practice position, a licensee must pay the supervision plan late fee specified in 
53.32 	section 148D.180 when the licensee applies for license renewal.
53.33 	(d) A license renewal application submitted pursuant to section 148D.070, 
53.34 	subdivision 3, must not be approved unless the board has received a supervision plan.
53.35 	(e) The supervision plan must include the following:
54.1 	(1) the name of the supervisee, the name of the agency in which the supervisee is 
54.2 	being supervised, and the supervisee's position title;
54.3 	(2) the name and qualifications of the person providing the supervision;
54.4 	(3) the number of hours of one-on-one in-person supervision and the number and 
54.5 	type of additional hours of supervision to be completed by the supervisee;
54.6 	(4) the supervisee's position description;
54.7 	(5) a brief description of the supervision the supervisee will receive in the following 
54.8 	content areas:
54.9 	(i) clinical practice, if applicable;
54.10 	(ii) development of professional social work knowledge, skills, and values;
54.11 	(iii) practice methods;
54.12 	(iv) authorized scope of practice;
54.13 	(v) ensuring continuing competence; and
54.14 	(vi) ethical standards of practice; and
54.15 	(6) if applicable, a detailed description of the supervisee's clinical social work 
54.16 	practice, addressing:
54.17 	(i) the client population, the range of presenting issues, and the diagnoses;
54.18 	(ii) the clinical modalities that were utilized; and
54.19 	(iii) the process utilized for determining clinical diagnoses, including the diagnostic 
54.20 	instruments used and the role of the supervisee in the diagnostic process. An applicant for 
54.21 	licensure as a licensed professional clinical counselor must present evidence of completion 
54.22 	of a degree equivalent to that required in section 148B.5301, subdivision 1, clause (3).
54.23 	(f) The board must receive a revised supervision plan within 90 60 days of any 
54.24 	of the following changes:
54.25 	(1) the supervisee has a new supervisor;
54.26 	(2) the supervisee begins a new social work position;
54.27 	(3) the scope or content of the supervisee's social work practice changes substantially;
54.28 	(4) the number of practice or supervision hours changes substantially; or
54.29 	(5) the type of supervision changes as supervision is described in section 148D.100, 
54.30 	subdivision 3, or 148D.105, subdivision 3, or as required in section 148D.115, subdivision 
54.31 	4.
54.32 	(g) For failure to submit a revised supervision plan as required in paragraph (f), a 
54.33 	supervisee must pay the supervision plan late fee specified in section 148D.180, when 
54.34 	the supervisee applies for license renewal.
54.35 	(h) The board must approve the supervisor and the supervision plan.

55.1 	Sec. 13. Minnesota Statutes 2008, section 148D.125, subdivision 3, is amended to read:
55.2 		Subd. 3.Verification of supervised practice. (a) In addition to receiving the 
55.3 	attestation required pursuant to subdivision 2, The board must receive verification of 
55.4 	supervised practice if when:
55.5 	(1) the board audits the supervision of a supervisee licensee submits the license 
55.6 	renewal application form pursuant to section 148D.070, subdivision 3; or
55.7 	(2) an applicant applies for a license as a licensed independent social worker or as a 
55.8 	licensed independent clinical social worker.
55.9 	(b) When verification of supervised practice is required pursuant to paragraph (a), 
55.10 	the board must receive from the supervisor the following information on a form provided 
55.11 	by the board:
55.12 	(1) the name of the supervisee, the name of the agency in which the supervisee is 
55.13 	being supervised, and the supervisee's position title;
55.14 	(2) the name and qualifications of the supervisor;
55.15 	(3) the number of hours and dates of each type of supervision completed;
55.16 	(4) the supervisee's position description;
55.17 	(5) a declaration that the supervisee has not engaged in conduct in violation of the 
55.18 	standards of practice specified in sections 148D.195 to 148D.240;
55.19 	(6) a declaration that the supervisee has practiced ethically and competently in 
55.20 	accordance with professional social work knowledge, skills, and values;
55.21 	(7) a list of the content areas in which the supervisee has received supervision, 
55.22 	including the following:
55.23 	(i) clinical practice, if applicable;
55.24 	(ii) development of professional social work knowledge, skills, and values;
55.25 	(iii) practice methods;
55.26 	(iv) authorized scope of practice;
55.27 	(v) ensuring continuing competence; and
55.28 	(vi) ethical standards of practice; and
55.29 	(8) if applicable, a detailed description of the supervisee's clinical social work 
55.30 	practice, addressing:
55.31 	(i) the client population, the range of presenting issues, and the diagnoses;
55.32 	(ii) the clinical modalities that were utilized; and
55.33 	(iii) the process utilized for determining clinical diagnoses, including the diagnostic 
55.34 	instruments used and the role of the supervisee in the diagnostic process.
55.35 	(c) The information provided on the verification form must demonstrate to the board's 
55.36 	satisfaction that the supervisee has met the applicable supervised practice requirements.

56.1 	Sec. 14.  REPEALER.
 56.2 	Minnesota Statutes 2008, sections 148D.062, subdivision 5; 148D.125, subdivision 
56.3 	2; and 148D.180, subdivision 8, are repealed.

56.4 	Sec. 15. EFFECTIVE DATE.
 56.5 	This article is effective the day following final enactment.

56.6 	ARTICLE 9
56.7 	SOCIAL WORK - LICENSING STATUTE EFFECTIVE 2011

56.8 	Section 1. Minnesota Statutes 2008, section 148E.010, is amended by adding a 
56.9 	subdivision to read:
56.10 		Subd. 5a.Client system. "Client system" means the client and those in the client's 
56.11 	environment who are potentially influential in contributing to a resolution of the client's 
56.12 	issues.

56.13 	Sec. 2. Minnesota Statutes 2008, section 148E.010, is amended by adding a subdivision 
56.14 	to read:
56.15 		Subd. 7a.Direct clinical client contact. "Direct clinical client contact" means 
56.16 	in-person or electronic media interaction with a client, including client systems and 
56.17 	service providers, related to the client's mental and emotional functioning, differential 
56.18 	diagnosis, and treatment, in subdivision 6.

56.19 	Sec. 3. Minnesota Statutes 2008, section 148E.010, subdivision 11, is amended to read:
56.20 		Subd. 11.Practice of social work. (a) "Practice of social work" means working 
56.21 	to maintain, restore, or improve behavioral, cognitive, emotional, mental, or social 
56.22 	functioning of clients, in a manner that applies accepted professional social work 
56.23 	knowledge, skills, and values, including the person-in-environment perspective, by 
56.24 	providing in person or through telephone, video conferencing, or electronic means one or 
56.25 	more of the social work services described in paragraph (b), clauses (1) to (3). Social work 
56.26 	services may address conditions that impair or limit behavioral, cognitive, emotional, 
56.27 	mental, or social functioning. Such conditions include, but are not limited to, the 
56.28 	following: abuse and neglect of children or vulnerable adults, addictions, developmental 
56.29 	disorders, disabilities, discrimination, illness, injuries, poverty, and trauma. Practice 
56.30 	of social work also means providing social work services in a position for which the 
56.31 	educational basis is the individual's degree in social work described in subdivision 13.
56.32 	(b) Social work services include:
57.1 	(1) providing assessment and intervention through direct contact with clients, 
57.2 	developing a plan based on information from an assessment, and providing services which 
57.3 	include, but are not limited to, assessment, case management, client-centered advocacy, 
57.4 	client education, consultation, counseling, crisis intervention, and referral;
57.5 	(2) providing for the direct or indirect benefit of clients through administrative, 
57.6 	educational, policy, or research services including, but not limited to:
57.7 	(i) advocating for policies, programs, or services to improve the well-being of clients;
57.8 	(ii) conducting research related to social work services;
57.9 	(iii) developing and administering programs which provide social work services;
57.10 	(iv) engaging in community organization to address social problems through 
57.11 	planned collective action;
57.12 	(v) supervising individuals who provide social work services to clients;
57.13 	(vi) supervising social workers in order to comply with the supervised practice 
57.14 	requirements specified in sections 148E.100 to 148E.125; and
57.15 	(vii) teaching professional social work knowledge, skills, and values to students; and
57.16 	(3) engaging in clinical practice.

57.17 	Sec. 4. Minnesota Statutes 2008, section 148E.010, subdivision 17, is amended to read:
57.18 		Subd. 17.Supervisee. "Supervisee" means an individual provided evaluation and 
57.19 	supervision or direction by a social worker an individual who meets the requirements 
57.20 	under section 148E.120.

57.21 	Sec. 5. Minnesota Statutes 2008, section 148E.010, is amended by adding a subdivision 
57.22 	to read:
57.23 		Subd. 19.Supervisor. "Supervisor" means an individual who provides evaluation 
57.24 	and direction through supervision as described in subdivision 18 in order to comply with 
57.25 	sections 148E.100 to 148E.125.

57.26 	Sec. 6. Minnesota Statutes 2008, section 148E.025, subdivision 2, is amended to read:
57.27 		Subd. 2.Qualifications of board members. (a) All social worker members must 
57.28 	have engaged in the practice of social work in Minnesota for at least one year during 
57.29 	the ten years preceding their appointments.
57.30 	(b) Five social worker members must be licensed social workers under section 
57.31 	148E.055, subdivision 2. The other five members must be include a licensed graduate 
57.32 	social worker, a licensed independent social worker, or a and at least two licensed 
57.33 	independent clinical social worker workers.
58.1 	(c) Eight social worker members must be engaged at the time of their appointment in 
58.2 	the practice of social work in Minnesota in the following settings:
58.3 	(1) one member must be engaged in the practice of social work in a county agency;
58.4 	(2) one member must be engaged in the practice of social work in a state agency;
58.5 	(3) one member must be engaged in the practice of social work in an elementary, 
58.6 	middle, or secondary school;
58.7 	(4) one member must be employed in a hospital or nursing home licensed under 
58.8 	chapter 144 or 144A;
58.9 	(5) two members one member must be engaged in the practice of social work in a 
58.10 	private agency;
58.11 	(6) one member two members must be engaged in the practice of social work in a 
58.12 	clinical social work setting; and
58.13 	(7) one member must be an educator engaged in regular teaching duties at a 
58.14 	program of social work accredited by the Council on Social Work Education or a similar 
58.15 	accreditation body designated by the board.
58.16 	(d) At the time of their appointments, at least six members must reside outside of the 
58.17 	seven-county11-county metropolitan area.
58.18 	(e) At the time of their appointments, at least five members must be persons with 
58.19 	expertise in communities of color.

58.20 	Sec. 7. Minnesota Statutes 2008, section 148E.025, subdivision 3, is amended to read:
58.21 		Subd. 3.Officers. The board must annually biennially elect from its membership a 
58.22 	chair, vice-chair, and secretary-treasurer.

58.23 	Sec. 8. Minnesota Statutes 2008, section 148E.055, subdivision 5, is amended to read:
58.24 		Subd. 5.Licensure by examination; licensed independent clinical social worker.
 58.25 	(a) To be licensed as a licensed independent clinical social worker, an applicant for 
58.26 	licensure by examination must provide evidence satisfactory to the board that the applicant:
58.27 	(1) has received a graduate degree in social work from a program accredited by 
58.28 	the Council on Social Work Education, the Canadian Association of Schools of Social 
58.29 	Work, or a similar accreditation body designated by the board, or a doctorate in social 
58.30 	work from an accredited university;
58.31 	(2) has completed 360 clock hours (one semester credit hour = 15 clock hours) in 
58.32 	the following clinical knowledge areas:
58.33 	(i) 108 clock hours (30 percent) in differential diagnosis and biopsychosocial 
58.34 	assessment, including normative development and psychopathology across the life span;
59.1 	(ii) 36 clock hours (ten percent) in assessment-based clinical treatment planning with 
59.2 	measurable goals;
59.3 	(iii) 108 clock hours (30 percent) in clinical intervention methods informed by 
59.4 	research and current standards of practice;
59.5 	(iv) 18 clock hours (five percent) in evaluation methodologies;
59.6 	(v) 72 clock hours (20 percent) in social work values and ethics, including cultural 
59.7 	context, diversity, and social policy; and
59.8 	(vi) 18 clock hours (five percent) in culturally specific clinical assessment and 
59.9 	intervention;
59.10 	(3) has practiced clinical social work as defined in section 148E.010, including both 
59.11 	diagnosis and treatment, and has met the supervised practice requirements specified in 
59.12 	sections 148E.100 to 148E.125;
59.13 	(4) has passed the clinical or equivalent examination administered by the Association 
59.14 	of Social Work Boards or a similar examination body designated by the board. Unless an 
59.15 	applicant applies for licensure by endorsement according to subdivision 7, an examination 
59.16 	is not valid if it was taken and passed eight or more years prior to submitting a completed, 
59.17 	signed application form provided by the board;
59.18 	(5) has submitted a completed, signed application form provided by the board, 
59.19 	including the applicable application fee specified in section 148E.180. For applications 
59.20 	submitted electronically, a "signed application" means providing an attestation as specified 
59.21 	by the board;
59.22 	(6) has submitted the criminal background check fee and a form provided by the 
59.23 	board authorizing a criminal background check according to subdivision 8;
59.24 	(7) has paid the license fee specified in section 148E.180; and
59.25 	(8) has not engaged in conduct that was or would be in violation of the standards 
59.26 	of practice specified in sections 148E.195 to 148E.240. If the applicant has engaged in 
59.27 	conduct that was or would be in violation of the standards of practice, the board may take 
59.28 	action according to sections 148E.255 to 148E.270.
59.29 	(b) The requirement in paragraph (a), clause (2), may be satisfied through: (1) 
59.30 	a graduate degree program accredited by the Council on Social Work Education, the 
59.31 	Canadian Association of Schools of Social Work, or a similar accreditation body 
59.32 	designated by the board; or a doctorate in social work from an accredited university; (2) 
59.33 	postgraduate graduate coursework from an accredited institution of higher learning; or 
59.34 	(3) up to 90 continuing education hours, not to exceed 20 hours of independent study 
59.35 	as specified in section 148E.130, subdivision 5. The continuing education must have a 
59.36 	course description available for public review and must include a posttest. Compliance 
60.1 	with this requirement must be documented on a form provided by the board. The board 
60.2 	may conduct audits of the information submitted in order to determine compliance with 
60.3 	the requirements of this section.
60.4 	(c) An application which is not completed and signed, or which is not accompanied 
60.5 	by the correct fee, must be returned to the applicant, along with any fee submitted, and is 
60.6 	void.
60.7 	(d) By submitting an application for licensure, an applicant authorizes the board to 
60.8 	investigate any information provided or requested in the application. The board may 
60.9 	request that the applicant provide additional information, verification, or documentation.
60.10 	(e) Within one year of the time the board receives an application for licensure, the 
60.11 	applicant must meet all the requirements specified in paragraph (a) and must provide all of 
60.12 	the information requested by the board according to paragraph (d). If within one year the 
60.13 	applicant does not meet all the requirements, or does not provide all of the information 
60.14 	requested, the applicant is considered ineligible and the application for licensure must 
60.15 	be closed.
60.16 	(f) Except as provided in paragraph (g), an applicant may not take more than three 
60.17 	times the clinical or equivalent examination administered by the Association of Social 
60.18 	Work Boards or a similar examination body designated by the board. An applicant must 
60.19 	receive a passing score on the clinical or equivalent examination administered by the 
60.20 	Association of Social Work Boards or a similar examination body designated by the board 
60.21 	no later than 18 months after the first time the applicant failed the examination.
60.22 	(g) Notwithstanding paragraph (f), the board may allow an applicant to take, for a 
60.23 	fourth or subsequent time, the clinical or equivalent examination administered by the 
60.24 	Association of Social Work Boards or a similar examination body designated by the 
60.25 	board if the applicant:
60.26 	(1) meets all requirements specified in paragraphs (a) to (e) other than passing the 
60.27 	clinical or equivalent examination administered by the Association of Social Work Boards 
60.28 	or a similar examination body designated by the board;
60.29 	(2) provides to the board a description of the efforts the applicant has made to 
60.30 	improve the applicant's score and demonstrates to the board's satisfaction that the efforts 
60.31 	are likely to improve the score; and
60.32 	(3) provides to the board letters of recommendation from two licensed social 
60.33 	workers attesting to the applicant's ability to practice social work competently and 
60.34 	ethically according to professional social work knowledge, skills, and values.
60.35 	(h) An individual must not practice social work until the individual passes the 
60.36 	examination and receives a social work license under this section or section 148E.060. If 
61.1 	the board has reason to believe that an applicant may be practicing social work without a 
61.2 	license, and the applicant has failed the clinical or equivalent examination administered 
61.3 	by the Association of Social Work Boards or a similar examination body designated by 
61.4 	the board, the board may notify the applicant's employer that the applicant is not licensed 
61.5 	as a social worker.

61.6 	Sec. 9. Minnesota Statutes 2008, section 148E.100, is amended by adding a subdivision 
61.7 	to read:
61.8 		Subd. 2a.Supervised practice obtained prior to August 1, 2011. (a) 
61.9 	Notwithstanding the requirements in subdivisions 1 and 2, the board shall approve hours 
61.10 	of supervised practice completed prior to August 1, 2011, which comply with sections 
61.11 	148D.100 to 148D.125. These hours must apply to supervised practice requirements in 
61.12 	effect as specified in this section.
61.13 	(b) Any additional hours of supervised practice obtained effective August 1, 2011, 
61.14 	must comply with the increased requirements specified in this section.

61.15 	Sec. 10. Minnesota Statutes 2008, section 148E.100, subdivision 3, is amended to read:
61.16 		Subd. 3.Types of supervision. Of the 100 hours of supervision required under 
61.17 	subdivision 1:
61.18 	(1) 50 hours must be provided through one-on-one supervision, including: (i) 
61.19 	a minimum of 25 hours of in-person supervision, and (ii) no more than 25 hours of 
61.20 	supervision via eye-to-eye electronic media, while maintaining visual contact; and
61.21 	(2) 50 hours must be provided through: (i) one-on-one supervision, or (ii) group 
61.22 	supervision. The supervision may be in person, by telephone, or via eye-to-eye electronic 
61.23 	media, while maintaining visual contact. The supervision must not be provided by e-mail. 
61.24 	Group supervision is limited to six members not counting the supervisor or supervisors
61.25 	supervisees.

61.26 	Sec. 11. Minnesota Statutes 2008, section 148E.100, subdivision 4, is amended to read:
61.27 		Subd. 4.Supervisor requirements. The supervision required by subdivision 1 must 
61.28 	be provided by a supervisor who meets the requirements specified in section 148E.120. 
61.29 	The supervision must be provided by a:
61.30 	(1) is a licensed social worker who has completed the supervised practice 
61.31 	requirements;
61.32 	(2) is a licensed graduate social worker, licensed independent social worker, or 
61.33 	licensed independent clinical social worker; or
62.1 	(3) supervisor who meets the requirements specified in section 148E.120, 
62.2 	subdivision 2.

62.3 	Sec. 12. Minnesota Statutes 2008, section 148E.100, subdivision 5, is amended to read:
62.4 		Subd. 5.Supervisee requirements. The supervisee must:
62.5 	(1) to the satisfaction of the supervisor, practice competently and ethically according 
62.6 	to professional social work knowledge, skills, and values;
62.7 	(2) receive supervision in the following content areas:
62.8 	(i) development of professional values and responsibilities;
62.9 	(ii) practice skills;
62.10 	(iii) authorized scope of practice;
62.11 	(iv) ensuring continuing competence; and
62.12 	(v) ethical standards of practice;
62.13 	(3) submit a supervision plan according to section 148E.125, subdivision 1; and
62.14 	(4) if the board audits the supervisee's supervised practice, submit verification of 
62.15 	supervised practice according to section 148E.125, subdivision 3, when a licensed social 
62.16 	worker applies for the renewal of a license.

62.17 	Sec. 13. Minnesota Statutes 2008, section 148E.100, subdivision 6, is amended to read:
62.18 		Subd. 6.After completion of supervision requirements. A licensed social worker 
62.19 	who fulfills the supervision requirements specified in subdivisions 1 to 5 this section is not 
62.20 	required to be supervised after completion of the supervision requirements.

62.21 	Sec. 14. Minnesota Statutes 2008, section 148E.100, subdivision 7, is amended to read:
62.22 		Subd. 7.Attestation Verification of supervised practice. The social worker and 
62.23 	the social worker's supervisor must attest submit verification that the supervisee has met 
62.24 	or has made progress on meeting the applicable supervision requirements according to 
62.25 	section 148E.125, subdivision 2 3.

62.26 	Sec. 15. Minnesota Statutes 2008, section 148E.105, subdivision 1, is amended to read:
62.27 		Subdivision 1.Supervision required after licensure. After receiving a license 
62.28 	from the board as a licensed graduate social worker, a licensed graduate social worker 
62.29 	not engaged in clinical practice must obtain at least 100 hours of supervision according to 
62.30 	the requirements of this section.

63.1 	Sec. 16. Minnesota Statutes 2008, section 148E.105, is amended by adding a 
63.2 	subdivision to read:
63.3 		Subd. 2a.Supervised practice obtained prior to August 1, 2011. (a) 
63.4 	Notwithstanding the requirements in subdivisions 1 and 2, the board shall approve hours 
63.5 	of supervised practice completed prior to August 1, 2011, which comply with sections 
63.6 	148D.100 to 148D.125. These hours shall apply to supervised practice requirements in 
63.7 	effect as specified in this section.
63.8 	(b) Any additional hours of supervised practice obtained effective August 1, 2011, 
63.9 	must comply with the increased requirements specified in this section.

63.10 	Sec. 17. Minnesota Statutes 2008, section 148E.105, subdivision 3, is amended to read:
63.11 		Subd. 3.Types of supervision. Of the 100 hours of supervision required under 
63.12 	subdivision 1:
63.13 	(1) 50 hours must be provided though one-on-one supervision, including: (i) 
63.14 	a minimum of 25 hours of in-person supervision, and (ii) no more than 25 hours of 
63.15 	supervision via eye-to-eye electronic media, while maintaining visual contact; and
63.16 	(2) 50 hours must be provided through: (i) one-on-one supervision, or (ii) group 
63.17 	supervision. The supervision may be in person, by telephone, or via eye-to-eye electronic 
63.18 	media, while maintaining visual contact. The supervision must not be provided by e-mail. 
63.19 	Group supervision is limited to six supervisees.

63.20 	Sec. 18. Minnesota Statutes 2008, section 148E.105, subdivision 5, is amended to read:
63.21 		Subd. 5.Supervisee requirements. The supervisee must:
63.22 	(1) to the satisfaction of the supervisor, practice competently and ethically according 
63.23 	to professional social work knowledge, skills, and values;
63.24 	(2) receive supervision in the following content areas:
63.25 	(i) development of professional values and responsibilities;
63.26 	(ii) practice skills;
63.27 	(iii) authorized scope of practice;
63.28 	(iv) ensuring continuing competence; and
63.29 	(v) ethical standards of practice;
63.30 	(3) submit a supervision plan according to section 148E.125, subdivision 1; and
63.31 	(4) verify supervised practice according to section 148E.125, subdivision 3, if when:
63.32 	(i) the board audits the supervisee's supervised practice a licensed graduate social 
63.33 	worker applies for the renewal of a license; or
64.1 	(ii) a licensed graduate social worker applies for a licensed independent social 
64.2 	worker license.

64.3 	Sec. 19. Minnesota Statutes 2008, section 148E.105, subdivision 7, is amended to read:
64.4 		Subd. 7.Attestation Verification of supervised practice. A social worker and the 
64.5 	social worker's supervisor must attest submit verification that the supervisee has met 
64.6 	or has made progress on meeting the applicable supervision requirements according to 
64.7 	section 148E.125, subdivision 2 3.

64.8 	Sec. 20. Minnesota Statutes 2008, section 148E.106, subdivision 1, is amended to read:
64.9 		Subdivision 1.Supervision required after licensure. After receiving a license 
64.10 	from the board as a licensed graduate social worker, a licensed graduate social worker 
64.11 	engaged in clinical practice must obtain at least 200 hours of supervision according to 
64.12 	the requirements of this section.:
64.13 	(1) a minimum of four hours and a maximum of eight hours of supervision must be 
64.14 	obtained during every 160 hours of practice until the licensed graduate social worker is 
64.15 	issued a licensed independent clinical social worker license;
64.16 	(2) a minimum of 200 hours of supervision must be completed, in addition to all 
64.17 	other requirements according to sections 148E.115 to 148E.125, to be eligible to apply for 
64.18 	the licensed independent clinical social worker license; and
64.19 	(3) the supervisee and supervisor are required to adjust the rate of supervision 
64.20 	obtained, based on the ratio of four hours of supervision during every 160 hours of 
64.21 	practice, to ensure compliance with the requirements in subdivision 2.

64.22 	Sec. 21. Minnesota Statutes 2008, section 148E.106, subdivision 2, is amended to read:
64.23 		Subd. 2.Practice requirements. The supervision required by subdivision 1 must 
64.24 	be obtained during the first 4,000 hours of postgraduate social work practice authorized by 
64.25 	law. At least:
64.26 	(1) in no less than 4,000 hours and no more than 8,000 hours of postgraduate, 
64.27 	clinical social work practice authorized by law, including at least 1,800 hours of direct 
64.28 	clinical client contact; and
64.29 	(2) a minimum of four hours and a maximum of eight hours of supervision must be 
64.30 	obtained during every 160 hours of practice.

64.31 	Sec. 22. Minnesota Statutes 2008, section 148E.106, is amended by adding a 
64.32 	subdivision to read:
65.1 		Subd. 2a.Supervised practice obtained prior to August 1, 2011. (a) 
65.2 	Notwithstanding the requirements in subdivisions 1 and 2, the board shall approve hours 
65.3 	of supervised practice completed prior to August 1, 2011, which comply with sections 
65.4 	148D.100 to 148D.125. These hours shall apply to supervised practice requirements in 
65.5 	effect as specified in this section.
65.6 	(b) Any additional hours of supervised practice obtained effective August 1, 2011, 
65.7 	must comply with the increased requirements specified in this section.
65.8 	(c) Notwithstanding the requirements in subdivision 2, clause (1), direct clinical 
65.9 	client contact hours are not: (1) required prior to August 1, 2011, and (2) required of a 
65.10 	licensed graduate social worker engaged in clinical practice with a licensed graduate 
65.11 	social worker license issue date prior to August 1, 2011.

65.12 	Sec. 23. Minnesota Statutes 2008, section 148E.106, subdivision 3, is amended to read:
65.13 		Subd. 3.Types of supervision. Of the 200 hours of supervision required under 
65.14 	subdivision 1:
65.15 	(1) 100 hours must be provided through one-on-one supervision, including: (i) 
65.16 	a minimum of 50 hours of in-person supervision, and (ii) no more than 50 hours of 
65.17 	supervision via eye-to-eye electronic media, while maintaining visual contact; and
65.18 	(2) 100 hours must be provided through: (i) one-on-one supervision, or (ii) group 
65.19 	supervision. The supervision may be in person, by telephone, or via eye-to-eye electronic 
65.20 	media, while maintaining visual contact. The supervision must not be provided by e-mail. 
65.21 	Group supervision is limited to six supervisees.

65.22 	Sec. 24. Minnesota Statutes 2008, section 148E.106, subdivision 4, is amended to read:
65.23 		Subd. 4.Supervisor requirements. The supervision required by subdivision 1 must 
65.24 	be provided by a supervisor who meets the requirements specified in section 148E.120. 
65.25 	The supervision must be provided by a:
65.26 	(1) by a licensed independent clinical social worker; or
65.27 	(2) by a supervisor who meets the requirements specified in section 148E.120, 
65.28 	subdivision 2.

65.29 	Sec. 25. Minnesota Statutes 2008, section 148E.106, subdivision 5, is amended to read:
65.30 		Subd. 5.Supervisee requirements. The supervisee must:
65.31 	(1) to the satisfaction of the supervisor, practice competently and ethically according 
65.32 	to professional social work knowledge, skills, and values;
65.33 	(2) receive supervision in the following content areas:
66.1 	(i) development of professional values and responsibilities;
66.2 	(ii) practice skills;
66.3 	(iii) authorized scope of practice;
66.4 	(iv) ensuring continuing competence; and
66.5 	(v) ethical standards of practice;
66.6 	(3) submit a supervision plan according to section 148E.125, subdivision 1; and
66.7 	(4) verify supervised practice according to section 148E.125, subdivision 3, if when:
66.8 	(i) the board audits the supervisee's supervised practice a licensed graduate social 
66.9 	worker applies for the renewal of a license; or
66.10 	(ii) a licensed graduate social worker applies for a licensed independent clinical 
66.11 	social worker license.

66.12 	Sec. 26. Minnesota Statutes 2008, section 148E.106, subdivision 8, is amended to read:
66.13 		Subd. 8.Eligibility to apply for licensure as a licensed independent clinical 
66.14 	social worker. Upon completion of not less than 4,000 hours and not more than 8,000 
66.15 	hours of clinical social work practice, including at least 1,800 hours of direct clinical 
66.16 	client contact and 200 hours of supervision according to the requirements of this section, 
66.17 	a licensed graduate social worker is eligible to apply for a licensed independent clinical 
66.18 	social worker license under section 148E.115, subdivision 1.

66.19 	Sec. 27. Minnesota Statutes 2008, section 148E.106, subdivision 9, is amended to read:
66.20 		Subd. 9.Attestation Verification of supervised practice. A social worker and the 
66.21 	social worker's supervisor must attest submit verification that the supervisee has met 
66.22 	or has made progress on meeting the applicable supervision requirements according to 
66.23 	section 148E.125, subdivision 2 3.

66.24 	Sec. 28. Minnesota Statutes 2008, section 148E.110, subdivision 1, is amended to read:
66.25 		Subdivision 1.Supervision required before licensure. Before becoming licensed 
66.26 	as a licensed independent social worker, a person must have obtained at least 100 hours 
66.27 	of supervision during 4,000 hours of postgraduate social work practice required by law 
66.28 	according to the requirements of section 148E.105, subdivisions 3, 4, and 5. At least four 
66.29 	hours of supervision must be obtained during every 160 hours of practice.

66.30 	Sec. 29. Minnesota Statutes 2008, section 148E.110, is amended by adding a 
66.31 	subdivision to read:
67.1 		Subd. 1a.Supervised practice obtained prior to August 1, 2011. (a) 
67.2 	Notwithstanding subdivision 1, the board shall approve supervised practice hours 
67.3 	completed prior to August 1, 2011, which comply with sections 148D.100 to 148D.125. 
67.4 	These hours must apply to supervised practice requirements in effect as specified in this 
67.5 	section.
67.6 	(b) Any additional hours of supervised practice obtained on or after August 1, 2011, 
67.7 	must comply with the increased requirements in this section.

67.8 	Sec. 30. Minnesota Statutes 2008, section 148E.110, subdivision 2, is amended to read:
67.9 		Subd. 2.Licensed independent social workers; clinical social work after 
67.10 	licensure. After licensure, a licensed independent social worker must not engage in 
67.11 	clinical social work practice except under supervision by a licensed independent clinical 
67.12 	social worker who meets the requirements in section 148E.120, subdivision 1, or an 
67.13 	alternate supervisor designated according to section 148E.120, subdivision 2.

67.14 	Sec. 31. Minnesota Statutes 2008, section 148E.110, is amended by adding a 
67.15 	subdivision to read:
67.16 		Subd. 5.Supervision; licensed independent social worker engaged in clinical 
67.17 	social work practice. (a) After receiving a license from the board as a licensed 
67.18 	independent social worker, a licensed independent social worker engaged in clinical social 
67.19 	work practice must obtain at least 200 hours of supervision according to the requirements 
67.20 	of this section.
67.21 	(b) A minimum of four hours and a maximum of eight hours of supervision must be 
67.22 	obtained during every 160 hours of practice until the licensed independent social worker is 
67.23 	issued a licensed independent clinical social worker license.
67.24 	(c) A minimum of 200 hours of supervision must be completed, in addition to all 
67.25 	other requirements according to sections 148E.115 to 148E.125, to be eligible to apply 
67.26 	for the licensed independent clinical social worker license.
67.27 	(d) The supervisee and supervisor are required to adjust the rate of supervision 
67.28 	obtained based on the ratio of four hours of supervision during every 160 hours of practice 
67.29 	to ensure compliance with the requirements in subdivision 1a.

67.30 	Sec. 32. Minnesota Statutes 2008, section 148E.110, is amended by adding a 
67.31 	subdivision to read:
68.1 		Subd. 6.Practice requirements after licensure as licensed independent social 
68.2 	worker; clinical social work practice. (a) The supervision required by subdivision 5 
68.3 	must be obtained:
68.4 	(1) in no less than 4,000 hours and no more than 8,000 hours of postgraduate clinical 
68.5 	social work practice authorized by law, including at least 1,800 hours of direct clinical 
68.6 	client contact; and
68.7 	(2) a minimum of four hours and a maximum of eight hours of supervision must be 
68.8 	obtained during every 160 hours of practice.
68.9 	(b) Notwithstanding paragraph (a), clause (1), direct clinical client contact hours 
68.10 	are not: (1) required prior to August 1, 2011, and (2) required of a licensed independent 
68.11 	social worker engaged in clinical practice with a licensed independent social worker 
68.12 	license issue date prior to August 1, 2011.

68.13 	Sec. 33. Minnesota Statutes 2008, section 148E.110, is amended by adding a 
68.14 	subdivision to read:
68.15 		Subd. 7.Supervision; clinical social work practice after licensure as licensed 
68.16 	independent social worker. Of the 200 hours of supervision required under subdivision 5:
68.17 	(1) 100 hours must be provided through one-on-one supervision, including:
68.18 	(i) a minimum of 50 hours of in-person supervision; and
68.19 	(ii) no more than 50 hours of supervision via eye-to-eye electronic media, while 
68.20 	maintaining visual contact; and
68.21 	(2) 100 hours must be provided through:
68.22 	(i) one-on-one supervision; or
68.23 	(ii) group supervision. 
68.24 	The supervision may be by telephone, in person, or via eye-to-eye electronic media while 
68.25 	maintaining visual contact. The supervision must not be provided by e-mail. Group 
68.26 	supervision is limited to six supervisees.

68.27 	Sec. 34. Minnesota Statutes 2008, section 148E.110, is amended by adding a 
68.28 	subdivision to read:
68.29 		Subd. 8.Supervision; clinical social work practice after licensure. The 
68.30 	supervision required by subdivision 5 must be provided by a supervisor who meets the 
68.31 	requirements specified in section 148E.120. The supervision must be provided by a:
68.32 	(1) licensed independent clinical social worker; or
68.33 	(2) supervisor who meets the requirements specified in section 148E.120, 
68.34 	subdivision 2.

69.1 	Sec. 35. Minnesota Statutes 2008, section 148E.110, is amended by adding a 
69.2 	subdivision to read:
69.3 		Subd. 9.Supervisee requirements; clinical social work practice after licensure.
 69.4 	The supervisee must:
69.5 	(1) to the satisfaction of the supervisor, practice competently and ethically according 
69.6 	to professional social work knowledge, skills, and values;
69.7 	(2) receive supervision in the following content areas:
69.8 	(i) development of professional values and responsibilities;
69.9 	(ii) practice skills;
69.10 	(iii) authorized scope of practice;
69.11 	(iv) ensuring continuing competence; and
69.12 	(v) ethical standards of practice;
69.13 	(3) submit a supervision plan according to section 148E.125, subdivision 1; and
69.14 	(4) verify supervised practice according to section 148E.125, subdivision 3, when:
69.15 	(i) a licensed independent social worker applies for the renewal of a license; or
69.16 	(ii) a licensed independent social worker applies for a licensed independent clinical 
69.17 	social worker license.

69.18 	Sec. 36. Minnesota Statutes 2008, section 148E.110, is amended by adding a 
69.19 	subdivision to read:
69.20 		Subd. 10.Limit on practice of clinical social work. (a) Except as provided in 
69.21 	paragraph (b), a licensed independent social worker must not engage in clinical social 
69.22 	work practice under supervision for more than 8,000 hours. In order to practice clinical 
69.23 	social work for more than 8,000 hours, a licensed independent social worker must obtain a 
69.24 	licensed independent clinical social worker license.
69.25 	(b) Notwithstanding the requirements of paragraph (a), the board may grant a 
69.26 	licensed independent social worker permission to engage in clinical social work practice 
69.27 	for more than 8,000 hours if the licensed independent social worker petitions the board 
69.28 	and demonstrates to the board's satisfaction that for reasons of personal hardship the 
69.29 	licensed independent social worker should be granted an extension to continue practicing 
69.30 	clinical social work under supervision for up to an additional 2,000 hours.

69.31 	Sec. 37. Minnesota Statutes 2008, section 148E.110, is amended by adding a 
69.32 	subdivision to read:
69.33 		Subd. 11.Eligibility for licensure; licensed independent clinical social worker.
 69.34 	Upon completion of not less than 4,000 hours and not more than 8,000 hours of clinical 
70.1 	social work practice, including at least 1,800 hours of direct clinical client contact and 200 
70.2 	hours of supervision according to the requirements of this section, a licensed independent 
70.3 	social worker is eligible to apply for a licensed independent clinical social worker license 
70.4 	under section 148E.115, subdivision 1.

70.5 	Sec. 38. Minnesota Statutes 2008, section 148E.110, is amended by adding a 
70.6 	subdivision to read:
70.7 		Subd. 12.Verification of supervised practice. A social worker and the social 
70.8 	worker's supervisor must submit verification that the supervisee has met or has made 
70.9 	progress on meeting the applicable supervision requirements according to section 
70.10 	148E.125, subdivision 3.

70.11 	Sec. 39. Minnesota Statutes 2008, section 148E.115, subdivision 1, is amended to read:
70.12 		Subdivision 1.Supervision required before licensure; licensed independent 
70.13 	clinical social worker. Before becoming licensed as a licensed independent clinical social 
70.14 	worker, a person must have obtained at least 200 hours of supervision during at the rate 
70.15 	of a minimum of four and a maximum of eight hours of supervision for every 160 hours 
70.16 	of practice, in not less than 4,000 hours and not more than 8,000 hours of postgraduate 
70.17 	clinical practice required by law, including at least 1,800 hours of direct clinical client 
70.18 	contact, according to the requirements of section 148E.106.

70.19 	Sec. 40. Minnesota Statutes 2008, section 148E.115, is amended by adding a 
70.20 	subdivision to read:
70.21 		Subd. 1a.Supervised practice obtained prior to August 1, 2011. (a) 
70.22 	Notwithstanding subdivisions 1 and 2, applicants and licensees who have completed hours 
70.23 	of supervised practice prior to August 1, 2011, which comply with sections 148D.100 to 
70.24 	148D.125, may have that supervised practice applied to the licensing requirement.
70.25 	(b) Any additional hours of supervised practice obtained on or after August 1, 2011, 
70.26 	must comply with the increased requirements in this section.
70.27 	(c) Notwithstanding subdivision 1, in order to qualify for the licensed independent 
70.28 	clinical social work license, direct clinical client contact hours are not:
70.29 	(1) required prior to August 1, 2011; and
70.30 	(2) required of either a licensed graduate social worker or a licensed independent 
70.31 	social worker engaged in clinical practice with a license issued prior to August 1, 2011.

71.1 	Sec. 41. Minnesota Statutes 2008, section 148E.120, is amended to read:
71.2 	148E.120 REQUIREMENTS OF SUPERVISORS.
71.3 		Subdivision 1.Supervisors licensed as social workers. (a) Except as provided 
71.4 	in paragraph (b) (d), to be eligible to provide supervision under this section, a social 
71.5 	worker must:
71.6 	(1) have at least 2,000 hours of experience in authorized social work practice. If 
71.7 	the person is providing clinical supervision, the 2,000 hours must include 1,000 hours of 
71.8 	experience in clinical practice;
71.9 	(2) have completed 30 hours of training in supervision through coursework from 
71.10 	an accredited college or university, or through continuing education in compliance with 
71.11 	sections 148E.130 to 148E.170;
71.12 	(3) (2) be competent in the activities being supervised; and
71.13 	(4) (3) attest, on a form provided by the board, that the social worker has met the 
71.14 	applicable requirements specified in this section and sections 148E.100 to 148E.115. The 
71.15 	board may audit the information provided to determine compliance with the requirements 
71.16 	of this section.
71.17 	(b) A licensed independent clinical social worker providing clinical licensing 
71.18 	supervision to a licensed graduate social worker or a licensed independent social worker 
71.19 	must have at least 2,000 hours of experience in authorized social work practice, including 
71.20 	1,000 hours of experience in clinical practice after obtaining a licensed independent 
71.21 	clinical social work license.
71.22 	(c) A licensed social worker, licensed graduate social worker, licensed independent 
71.23 	social worker, or licensed independent clinical social worker providing nonclinical 
71.24 	licensing supervision must have completed the supervised practice requirements specified 
71.25 	in section 148E.100, 148E.105, 148E.106, 148E.110, or 148E.115, as applicable.
71.26 	(b) (d) If the board determines that supervision is not obtainable from an individual 
71.27 	meeting the requirements specified in paragraph (a), the board may approve an alternate 
71.28 	supervisor according to subdivision 2.
71.29 		Subd. 2.Alternate supervisors. (a) The board may approve an alternate supervisor 
71.30 	if:
71.31 	(1) the board determines that supervision is not obtainable according to paragraph 
71.32 	(b);
71.33 	(2) the licensee requests in the supervision plan submitted according to section 
71.34 	148E.125, subdivision 1, that an alternate supervisor conduct the supervision;
71.35 	(3) the licensee describes the proposed supervision and the name and qualifications 
71.36 	of the proposed alternate supervisor; and
72.1 	(4) the requirements of paragraph (d) are met.
72.2 	(b) The board may determine that supervision is not obtainable if:
72.3 	(1) the licensee provides documentation as an attachment to the supervision plan 
72.4 	submitted according to section 148E.125, subdivision 1, that the licensee has conducted a 
72.5 	thorough search for a supervisor meeting the applicable licensure requirements specified 
72.6 	in sections 148E.100 to 148E.115;
72.7 	(2) the licensee demonstrates to the board's satisfaction that the search was 
72.8 	unsuccessful; and
72.9 	(3) the licensee describes the extent of the search and the names and locations of 
72.10 	the persons and organizations contacted.
72.11 	(c) The requirements specified in paragraph (b) do not apply to obtaining licensing 
72.12 	supervision for clinical social work practice if the board determines that there are five or 
72.13 	fewer licensed independent clinical social workers supervisors meeting the applicable 
72.14 	licensure requirements in sections 148E.100 to 148E.115 in the county where the licensee 
72.15 	practices social work.
72.16 	(d) An alternate supervisor must:
72.17 	(1) be an unlicensed social worker who is employed in, and provides the supervision 
72.18 	in, a setting exempt from licensure by section 148E.065, and who has qualifications 
72.19 	equivalent to the applicable requirements specified in sections 148E.100 to 148E.115;
72.20 	(2) be a social worker engaged in authorized practice in Iowa, Manitoba, North 
72.21 	Dakota, Ontario, South Dakota, or Wisconsin, and has the qualifications equivalent to the 
72.22 	applicable requirements specified in sections 148E.100 to 148E.115; or
72.23 	(3) be a licensed marriage and family therapist or a mental health professional 
72.24 	as established by section 245.462, subdivision 18, or 245.4871, subdivision 27, or an 
72.25 	equivalent mental health professional, as determined by the board, who is licensed or 
72.26 	credentialed by a state, territorial, provincial, or foreign licensing agency.
72.27 	(e) In order to qualify to provide clinical supervision of a licensed graduate social 
72.28 	worker or licensed independent social worker engaged in clinical practice, the alternate 
72.29 	supervisor must be a mental health professional as established by section 245.462, 
72.30 	subdivision 18, or 245.4871, subdivision 27, or an equivalent mental health professional, 
72.31 	as determined by the board, who is licensed or credentialed by a state, territorial, 
72.32 	provincial, or foreign licensing agency.

72.33 	Sec. 42. Minnesota Statutes 2008, section 148E.125, subdivision 1, is amended to read:
73.1 		Subdivision 1.Supervision plan. (a) A social worker must submit, on a form 
73.2 	provided by the board, a supervision plan for meeting the supervision requirements 
73.3 	specified in sections 148E.100 to 148E.120.
73.4 	(b) The supervision plan must be submitted no later than 90 60 days after the 
73.5 	licensee begins a social work practice position after becoming licensed.
73.6 	(c) For failure to submit the supervision plan within 90 60 days after beginning a 
73.7 	social work practice position, a licensee must pay the supervision plan late fee specified in 
73.8 	section 148E.180 when the licensee applies for license renewal.
73.9 	(d) A license renewal application submitted according to paragraph (a) must not be 
73.10 	approved unless the board has received a supervision plan.
73.11 	(e) The supervision plan must include the following:
73.12 	(1) the name of the supervisee, the name of the agency in which the supervisee is 
73.13 	being supervised, and the supervisee's position title;
73.14 	(2) the name and qualifications of the person providing the supervision;
73.15 	(3) the number of hours of one-on-one in-person supervision and the number and 
73.16 	type of additional hours of supervision to be completed by the supervisee;
73.17 	(4) the supervisee's position description;
73.18 	(5) a brief description of the supervision the supervisee will receive in the following 
73.19 	content areas:
73.20 	(i) clinical practice, if applicable;
73.21 	(ii) development of professional social work knowledge, skills, and values;
73.22 	(iii) practice methods;
73.23 	(iv) authorized scope of practice;
73.24 	(v) ensuring continuing competence; and
73.25 	(vi) ethical standards of practice; and
73.26 	(6) if applicable, a detailed description of the supervisee's clinical social work 
73.27 	practice, addressing:
73.28 	(i) the client population, the range of presenting issues, and the diagnoses;
73.29 	(ii) the clinical modalities that were utilized; and
73.30 	(iii) the process utilized for determining clinical diagnoses, including the diagnostic 
73.31 	instruments used and the role of the supervisee in the diagnostic process.
73.32 	(f) The board must receive a revised supervision plan within 90 60 days of any 
73.33 	of the following changes:
73.34 	(1) the supervisee has a new supervisor;
73.35 	(2) the supervisee begins a new social work position;
73.36 	(3) the scope or content of the supervisee's social work practice changes substantially;
74.1 	(4) the number of practice or supervision hours changes substantially; or
74.2 	(5) the type of supervision changes as supervision is described in section 148E.100, 
74.3 	subdivision 3, or 148E.105, subdivision 3, or as required in section 148E.115.
74.4 	(g) For failure to submit a revised supervision plan as required in paragraph (f), a 
74.5 	supervisee must pay the supervision plan late fee specified in section 148E.180, when 
74.6 	the supervisee applies for license renewal.
74.7 	(h) The board must approve the supervisor and the supervision plan.

74.8 	Sec. 43. Minnesota Statutes 2008, section 148E.125, subdivision 3, is amended to read:
74.9 		Subd. 3.Verification of supervised practice. (a) In addition to receiving the 
74.10 	attestation required under subdivision 2, The board must receive verification of supervised 
74.11 	practice if when:
74.12 	(1) the board audits the supervision of a supervisee licensee submits the license 
74.13 	renewal application form; or
74.14 	(2) an applicant applies for a license as a licensed independent social worker or as a 
74.15 	licensed independent clinical social worker.
74.16 	(b) When verification of supervised practice is required according to paragraph (a), 
74.17 	the board must receive from the supervisor the following information on a form provided 
74.18 	by the board:
74.19 	(1) the name of the supervisee, the name of the agency in which the supervisee is 
74.20 	being supervised, and the supervisee's position title;
74.21 	(2) the name and qualifications of the supervisor;
74.22 	(3) the number of hours and dates of each type of supervision completed;
74.23 	(4) the supervisee's position description;
74.24 	(5) a declaration that the supervisee has not engaged in conduct in violation of the 
74.25 	standards of practice specified in sections 148E.195 to 148E.240;
74.26 	(6) a declaration that the supervisee has practiced ethically and competently 
74.27 	according to professional social work knowledge, skills, and values;
74.28 	(7) a list of the content areas in which the supervisee has received supervision, 
74.29 	including the following:
74.30 	(i) clinical practice, if applicable;
74.31 	(ii) development of professional social work knowledge, skills, and values;
74.32 	(iii) practice methods;
74.33 	(iv) authorized scope of practice;
74.34 	(v) ensuring continuing competence; and
74.35 	(vi) ethical standards of practice; and
75.1 	(8) if applicable, a detailed description of the supervisee's clinical social work 
75.2 	practice, addressing:
75.3 	(i) the client population, the range of presenting issues, and the diagnoses;
75.4 	(ii) the clinical modalities that were utilized; and
75.5 	(iii) the process utilized for determining clinical diagnoses, including the diagnostic 
75.6 	instruments used and the role of the supervisee in the diagnostic process.
75.7 	(c) The information provided on the verification form must demonstrate to the board's 
75.8 	satisfaction that the supervisee has met the applicable supervised practice requirements.

75.9 	Sec. 44. Minnesota Statutes 2008, section 148E.130, is amended by adding a 
75.10 	subdivision to read:
75.11 		Subd. 1a.Increased clock hours required effective August 1, 2011. (a) The clock 
75.12 	hours specified in subdivisions 1 and 4 to 6 apply to all new licenses issued effective 
75.13 	August 1, 2011, under section 148E.055.
75.14 	(b) Any licensee issued a license prior to August 1, 2011, under section 148D.055 
75.15 	must comply with the increased clock hours in subdivisions 1 and 4 to 6, and must 
75.16 	document the clock hours at the first two-year renewal term after August 1, 2011.

75.17 	Sec. 45. Minnesota Statutes 2008, section 148E.130, subdivision 2, is amended to read:
75.18 		Subd. 2.Ethics requirement. At least two of the clock hours required under 
75.19 	subdivision 1 must be in social work ethics., including at least one of the following:
75.20 	(1) the history and evolution of values and ethics in social work;
75.21 	(2) ethics theories;
75.22 	(3) professional standards of social work practice, as specified in the ethical codes of 
75.23 	the National Association of Social Workers, the Association of Canadian Social Workers, 
75.24 	the Clinical Social Work Federation, and the Council on Social Work Education;
75.25 	(4) the legal requirements and other considerations for each jurisdiction that 
75.26 	registers, certifies, or licenses social workers; or
75.27 	(5) the ethical decision-making process.

75.28 	Sec. 46. Minnesota Statutes 2008, section 148E.130, subdivision 5, is amended to read:
75.29 		Subd. 5.Independent study. Independent study must not consist of more than ten
75.30 	15 clock hours of continuing education per renewal term. Independent study must be for 
75.31 	publication, public presentation, or professional development. Independent study includes, 
75.32 	but is not limited to, electronic study. For purposes of subdivision 6 4, independent study 
75.33 	includes consultation with an experienced supervisor regarding the practice of supervision
76.1 	or training regarding supervision with a licensed professional who has demonstrated 
76.2 	supervisory skills.

76.3 	Sec. 47. Minnesota Statutes 2008, section 148E.165, subdivision 1, is amended to read:
76.4 		Subdivision 1.Records retention; licensees. For one year following the expiration 
76.5 	date of a license, the licensee must maintain documentation of clock hours earned during 
76.6 	the previous renewal term. The documentation must include the following:
76.7 	(1) for educational workshops or seminars offered by an organization or at a 
76.8 	conference, a copy of the certificate of attendance issued by the presenter or sponsor 
76.9 	giving the following information:
76.10 	(i) the name of the sponsor or presenter of the program;
76.11 	(ii) the title of the workshop or seminar;
76.12 	(iii) the dates the licensee participated in the program; and
76.13 	(iv) the number of clock hours completed;
76.14 	(2) for academic coursework offered by an institution of higher learning, a copy of a 
76.15 	transcript giving the following information:
76.16 	(i) the name of the institution offering the course;
76.17 	(ii) the title of the course;
76.18 	(iii) the dates the licensee participated in the course; and
76.19 	(iv) the number of credits completed;
76.20 	(3) for staff training offered by public or private employers, a copy of the certificate 
76.21 	of attendance issued by the employer giving the following information:
76.22 	(i) the name of the employer;
76.23 	(ii) the title of the staff training;
76.24 	(iii) the dates the licensee participated in the program; and
76.25 	(iv) the number of clock hours completed; and
76.26 	(4) for independent study, including electronic study, or consultation or training 
76.27 	regarding supervision, a written summary of the study activity conducted, including the 
76.28 	following information:
76.29 	(i) the topics studied covered;
76.30 	(ii) a description of the applicability of the study activity to the licensee's authorized 
76.31 	scope of practice;
76.32 	(iii) the titles and authors of books and articles consulted or the name of the 
76.33 	organization offering the study activity, or the name and title of the licensed professional 
76.34 	consulted regarding supervision;
76.35 	(iv) the dates the licensee conducted the study activity; and
77.1 	(v) the number of clock hours the licensee conducted the study activity.

77.2 	Sec. 48.  REPEALER.
 77.3 	Minnesota Statutes 2008, sections 148E.106, subdivision 6; and 148E.125, 
77.4 	subdivision 2, are repealed August 1, 2011.

77.5 	Sec. 49. EFFECTIVE DATE.
 77.6 	Sections 1 to 47 are effective August 1, 2011.

77.7 	ARTICLE 10
77.8 	DENTAL THERAPISTS

77.9 	Section 1. Minnesota Statutes 2008, section 150A.01, is amended by adding a 
77.10 	subdivision to read:
77.11 		Subd. 6b.Dental therapist. "Dental therapist" means a person licensed under this 
77.12 	chapter to perform the services authorized under section 150A.105 or any other services 
77.13 	authorized under this chapter.

77.14 	Sec. 2. Minnesota Statutes 2008, section 150A.05, is amended by adding a subdivision 
77.15 	to read:
77.16 		Subd. 1b.Practice of dental therapy. A person shall be deemed to be practicing 
77.17 	dental therapy within the meaning of sections 150A.01 to 150A.12 who:
77.18 	(1) works under the supervision of a Minnesota-licensed dentist as specified under 
77.19 	section 150A.105;
77.20 	(2) practices in settings that serve low-income and underserved patients or are 
77.21 	located in dental health professional shortage areas; and
77.22 	(3) provides oral health care services, including preventive, evaluative, and 
77.23 	educational services as authorized under section 150A.105 and within the context of 
77.24 	a collaborative management agreement.

77.25 	Sec. 3. Minnesota Statutes 2008, section 150A.05, subdivision 2, is amended to read:
77.26 		Subd. 2.Exemptions and exceptions of certain practices and operations.
 77.27 	Sections 150A.01 to 150A.12 do not apply to:  
77.28 	(1) the practice of dentistry or dental hygiene in any branch of the armed services of 
77.29 	the United States, the United States Public Health Service, or the United States Veterans 
77.30 	Administration;
78.1 	(2) the practice of dentistry, dental hygiene, or dental assisting by undergraduate 
78.2 	dental students, dental therapy students, dental hygiene students, and dental assisting 
78.3 	students of the University of Minnesota, schools of dental hygiene, schools with a dental 
78.4 	therapy education program, or schools of dental assisting approved by the board, when 
78.5 	acting under the direction and supervision of a licensed dentist, a licensed dental therapist,
78.6 	or a licensed dental hygienist acting as an instructor;
78.7 	(3) the practice of dentistry by licensed dentists of other states or countries while 
78.8 	appearing as clinicians under the auspices of a duly approved dental school or college, or a 
78.9 	reputable dental society, or a reputable dental study club composed of dentists;
78.10 	(4) the actions of persons while they are taking examinations for licensure or 
78.11 	registration administered or approved by the board pursuant to sections 150A.03, 
78.12 	subdivision 1, and 150A.06, subdivisions 1, 2, and 2a;  
78.13 	(5) the practice of dentistry by dentists and dental hygienists licensed by other states 
78.14 	during their functioning as examiners responsible for conducting licensure or registration 
78.15 	examinations administered by regional and national testing agencies with whom the 
78.16 	board is authorized to affiliate and participate under section 150A.03, subdivision 1, 
78.17 	and the practice of dentistry by the regional and national testing agencies during their 
78.18 	administering examinations pursuant to section 150A.03, subdivision 1;  
78.19 	(6) the use of X-rays or other diagnostic imaging modalities for making radiographs 
78.20 	or other similar records in a hospital under the supervision of a physician or dentist or 
78.21 	by a person who is credentialed to use diagnostic imaging modalities or X-ray machines 
78.22 	for dental treatment, roentgenograms, or dental diagnostic purposes by a credentialing 
78.23 	agency other than the Board of Dentistry; or
78.24 	(7) the service, other than service performed directly upon the person of a patient, of 
78.25 	constructing, altering, repairing, or duplicating any denture, partial denture, crown, bridge, 
78.26 	splint, orthodontic, prosthetic, or other dental appliance, when performed according 
78.27 	to a written work order from a licensed dentist in accordance with section 150A.10, 
78.28 	subdivision 3.  

78.29 	Sec. 4. Minnesota Statutes 2008, section 150A.06, is amended by adding a subdivision 
78.30 	to read:
78.31 		Subd. 1d.Dental therapists. (a) A person of good moral character who has 
78.32 	graduated from a dental therapy education program in a dental school or dental college 
78.33 	accredited by the Commission on Dental Accreditation may apply for licensure.
78.34 	(b) The applicant must submit an application and fee as prescribed by the board and 
78.35 	a diploma or certificate from a dental therapy education program. Prior to being licensed, 
79.1 	the applicant must pass a comprehensive, competency-based clinical examination that is 
79.2 	approved by the board and administered independently of an institution providing dental 
79.3 	therapy education. The applicant must also pass an examination testing the applicant's 
79.4 	knowledge of the laws of Minnesota relating to the practice of dentistry and of the rules of 
79.5 	the board. An applicant is ineligible to retake the clinical examination required by the 
79.6 	board after failing it twice until further education and training are obtained as specified by 
79.7 	board rule. A separate, nonrefundable fee may be charged for each time a person applies.
79.8 	(c) An applicant who passes the examination in compliance with subdivision 2b, 
79.9 	abides by professional ethical conduct requirements, and meets all the other requirements 
79.10 	of the board shall be licensed as a dental therapist.

79.11 	Sec. 5. Minnesota Statutes 2008, section 150A.06, subdivision 2d, is amended to read:
79.12 		Subd. 2d.Continuing education and professional development waiver. (a) The 
79.13 	board shall grant a waiver to the continuing education requirements under this chapter for 
79.14 	a licensed dentist, licensed dental therapist, licensed dental hygienist, or registered dental 
79.15 	assistant who documents to the satisfaction of the board that the dentist, dental therapist, 
79.16 	dental hygienist, or registered dental assistant has retired from active practice in the state 
79.17 	and limits the provision of dental care services to those offered without compensation 
79.18 	in a public health, community, or tribal clinic or a nonprofit organization that provides 
79.19 	services to the indigent or to recipients of medical assistance, general assistance medical 
79.20 	care, or MinnesotaCare programs.
79.21 	(b) The board may require written documentation from the volunteer and retired 
79.22 	dentist, dental therapist, dental hygienist, or registered dental assistant prior to granting 
79.23 	this waiver.
79.24 	(c) The board shall require the volunteer and retired dentist, dental therapist, dental 
79.25 	hygienist, or registered dental assistant to meet the following requirements:
79.26 	(1) a licensee or registrant seeking a waiver under this subdivision must complete 
79.27 	and document at least five hours of approved courses in infection control, medical 
79.28 	emergencies, and medical management for the continuing education cycle; and
79.29 	(2) provide documentation of certification in advanced or basic cardiac life support 
79.30 	recognized by the American Heart Association, the American Red Cross, or an equivalent 
79.31 	entity.

79.32 	Sec. 6. Minnesota Statutes 2008, section 150A.06, subdivision 5, is amended to read:
79.33 		Subd. 5.Fraud in securing licenses or registrations. Every person implicated 
79.34 	in employing fraud or deception in applying for or securing a license or registration 
80.1 	to practice dentistry, dental hygiene, or dental assisting, or as a dental therapist, or in 
80.2 	annually renewing a license or registration under sections 150A.01 to 150A.12 is guilty 
80.3 	of a gross misdemeanor. 

80.4 	Sec. 7. Minnesota Statutes 2008, section 150A.06, subdivision 6, is amended to read:
80.5 		Subd. 6.Display of name and certificates. The initial license and subsequent 
80.6 	renewal, or current registration certificate, of every dentist, dental therapist, dental 
80.7 	hygienist, or dental assistant shall be conspicuously displayed in every office in which that 
80.8 	person practices, in plain sight of patients. Near or on the entrance door to every office 
80.9 	where dentistry is practiced, the name of each dentist practicing there, as inscribed on the 
80.10 	current license certificate, shall be displayed in plain sight.

80.11 	Sec. 8. Minnesota Statutes 2008, section 150A.08, subdivision 1, is amended to read:
80.12 		Subdivision 1.Grounds. The board may refuse or by order suspend or revoke, limit 
80.13 	or modify by imposing conditions it deems necessary, anythe license to practice dentistry 
80.14 	or dental hygieneof a dentist, dental therapist, or dental hygienist or the registration of 
80.15 	any dental assistant upon any of the following grounds:
80.16 	(1) fraud or deception in connection with the practice of dentistry or the securing of 
80.17 	a license or registration certificate;
80.18 	(2) conviction, including a finding or verdict of guilt, an admission of guilt, or a no 
80.19 	contest plea, in any court of a felony or gross misdemeanor reasonably related to the 
80.20 	practice of dentistry as evidenced by a certified copy of the conviction;
80.21 	(3) conviction, including a finding or verdict of guilt, an admission of guilt, or a 
80.22 	no contest plea, in any court of an offense involving moral turpitude as evidenced by a 
80.23 	certified copy of the conviction;
80.24 	(4) habitual overindulgence in the use of intoxicating liquors;
80.25 	(5) improper or unauthorized prescription, dispensing, administering, or personal 
80.26 	or other use of any legend drug as defined in chapter 151, of any chemical as defined in 
80.27 	chapter 151, or of any controlled substance as defined in chapter 152;
80.28 	(6) conduct unbecoming a person licensed to practice dentistry or, dental therapy, or
80.29 	dental hygiene or registered as a dental assistant, or conduct contrary to the best interest of 
80.30 	the public, as such conduct is defined by the rules of the board;
80.31 	(7) gross immorality;
80.32 	(8) any physical, mental, emotional, or other disability which adversely affects a 
80.33 	dentist's, dental therapist's, dental hygienist's, or registered dental assistant's ability to 
80.34 	perform the service for which the person is licensed or registered;
81.1 	(9) revocation or suspension of a license, registration, or equivalent authority to 
81.2 	practice, or other disciplinary action or denial of a license or registration application taken 
81.3 	by a licensing, registering, or credentialing authority of another state, territory, or country 
81.4 	as evidenced by a certified copy of the licensing authority's order, if the disciplinary action 
81.5 	or application denial was based on facts that would provide a basis for disciplinary action 
81.6 	under this chapter and if the action was taken only after affording the credentialed person 
81.7 	or applicant notice and opportunity to refute the allegations or pursuant to stipulation 
81.8 	or other agreement;
81.9 	(10) failure to maintain adequate safety and sanitary conditions for a dental office in 
81.10 	accordance with the standards established by the rules of the board;
81.11 	(11) employing, assisting, or enabling in any manner an unlicensed person to 
81.12 	practice dentistry;
81.13 	(12) failure or refusal to attend, testify, and produce records as directed by the board 
81.14 	under subdivision 7;
81.15 	(13) violation of, or failure to comply with, any other provisions of sections 150A.01
81.16 	to 150A.12, the rules of the Board of Dentistry, or any disciplinary order issued by the 
81.17 	board, sections 144.291 to 144.298 or 595.02, subdivision 1, paragraph (d), or for any 
81.18 	other just cause related to the practice of dentistry. Suspension, revocation, modification 
81.19 	or limitation of any license shall not be based upon any judgment as to therapeutic or 
81.20 	monetary value of any individual drug prescribed or any individual treatment rendered, 
81.21 	but only upon a repeated pattern of conduct; 
81.22 	(14) knowingly providing false or misleading information that is directly related 
81.23 	to the care of that patient unless done for an accepted therapeutic purpose such as the 
81.24 	administration of a placebo; or
81.25 	(15) aiding suicide or aiding attempted suicide in violation of section 609.215 as 
81.26 	established by any of the following: 
81.27 	(i) a copy of the record of criminal conviction or plea of guilty for a felony in 
81.28 	violation of section 609.215, subdivision 1 or 2; 
81.29 	(ii) a copy of the record of a judgment of contempt of court for violating an 
81.30 	injunction issued under section 609.215, subdivision 4; 
81.31 	(iii) a copy of the record of a judgment assessing damages under section 609.215, 
81.32 	subdivision 5; or 
81.33 	(iv) a finding by the board that the person violated section 609.215, subdivision 
81.34 	1 or 2. The board shall investigate any complaint of a violation of section 609.215, 
81.35 	subdivision 1 or 2. 

82.1 	Sec. 9. Minnesota Statutes 2008, section 150A.08, subdivision 3a, is amended to read:
82.2 		Subd. 3a.Costs; additional penalties. (a) The board may impose a civil penalty 
82.3 	not exceeding $10,000 for each separate violation, the amount of the civil penalty to 
82.4 	be fixed so as to deprive a licensee or registrant of any economic advantage gained by 
82.5 	reason of the violation, to discourage similar violations by the licensee or registrant or any 
82.6 	other licensee or registrant, or to reimburse the board for the cost of the investigation and 
82.7 	proceeding, including, but not limited to, fees paid for services provided by the Office of 
82.8 	Administrative Hearings, legal and investigative services provided by the Office of the 
82.9 	Attorney General, court reporters, witnesses, reproduction of records, board members' 
82.10 	per diem compensation, board staff time, and travel costs and expenses incurred by board 
82.11 	staff and board members.
82.12 	(b) In addition to costs and penalties imposed under paragraph (a), the board may 
82.13 	also:
82.14 	(1) order the dentist, dental therapist, dental hygienist, or dental assistant to provide 
82.15 	unremunerated service;
82.16 	(2) censure or reprimand the dentist, dental therapist, dental hygienist, or dental 
82.17 	assistant; or
82.18 	(3) any other action as allowed by law and justified by the facts of the case.

82.19 	Sec. 10. Minnesota Statutes 2008, section 150A.08, subdivision 5, is amended to read:
82.20 		Subd. 5.Medical examinations. If the board has probable cause to believe that a 
82.21 	dentist, dental therapist, dental hygienist, registered dental assistant, or applicant engages 
82.22 	in acts described in subdivision 1, clause (4) or (5), or has a condition described in 
82.23 	subdivision 1, clause (8), it shall direct the dentist, dental therapist, dental hygienist, 
82.24 	assistant, or applicant to submit to a mental or physical examination or a chemical 
82.25 	dependency assessment. For the purpose of this subdivision, every dentist, dental 
82.26 	therapist, dental hygienist, or assistant licensed or registered under this chapter or person 
82.27 	submitting an application for a license or registration is deemed to have given consent 
82.28 	to submit to a mental or physical examination when directed in writing by the board and 
82.29 	to have waived all objections in any proceeding under this section to the admissibility 
82.30 	of the examining physician's testimony or examination reports on the ground that they 
82.31 	constitute a privileged communication. Failure to submit to an examination without just 
82.32 	cause may result in an application being denied or a default and final order being entered 
82.33 	without the taking of testimony or presentation of evidence, other than evidence which 
82.34 	may be submitted by affidavit, that the licensee, registrant, or applicant did not submit to 
82.35 	the examination. A dentist, dental therapist, dental hygienist, registered dental assistant, 
83.1 	or applicant affected under this section shall at reasonable intervals be afforded an 
83.2 	opportunity to demonstrate ability to start or resume the competent practice of dentistry or 
83.3 	perform the duties of a dental therapist, dental hygienist, or registered dental assistant with 
83.4 	reasonable skill and safety to patients. In any proceeding under this subdivision, neither 
83.5 	the record of proceedings nor the orders entered by the board is admissible, is subject to 
83.6 	subpoena, or may be used against the dentist, dental therapist, dental hygienist, registered 
83.7 	dental assistant, or applicant in any proceeding not commenced by the board. Information 
83.8 	obtained under this subdivision shall be classified as private pursuant to the Minnesota 
83.9 	Government Data Practices Act.

83.10 	Sec. 11. Minnesota Statutes 2008, section 150A.09, subdivision 1, is amended to read:
83.11 		Subdivision 1.Registration information and procedure. On or before the license 
83.12 	or registration certificate expiration date every licensed dentist, dental therapist, dental 
83.13 	hygienist, and registered dental assistant shall transmit to the executive secretary of the 
83.14 	board, pertinent information required by the board, together with the fee established by 
83.15 	the board. At least 30 days before a license or registration certificate expiration date, 
83.16 	the board shall send a written notice stating the amount and due date of the fee and the 
83.17 	information to be provided to every licensed dentist, dental therapist, dental hygienist, 
83.18 	and registered dental assistant.

83.19 	Sec. 12. Minnesota Statutes 2008, section 150A.09, subdivision 3, is amended to read:
83.20 		Subd. 3.Current address, change of address. Every dentist, dental therapist, 
83.21 	dental hygienist, and registered dental assistant shall maintain with the board a correct 
83.22 	and current mailing address. For dentists engaged in the practice of dentistry, the address 
83.23 	shall be that of the location of the primary dental practice. Within 30 days after changing 
83.24 	addresses, every dentist, dental therapist, dental hygienist, and registered dental assistant 
83.25 	shall provide the board written notice of the new address either personally or by first 
83.26 	class mail.

83.27 	Sec. 13. Minnesota Statutes 2008, section 150A.091, subdivision 2, is amended to read:
83.28 		Subd. 2.Application fees. Each applicant for licensure or registration shall submit 
83.29 	with a license or registration application a nonrefundable fee in the following amounts in 
83.30 	order to administratively process an application:
83.31 	(1) dentist, $140;
83.32 	(2) limited faculty dentist, $140;
83.33 	(3) resident dentist, $55;
84.1 	(4) dental therapist,  $100;
84.2 	(5) dental hygienist, $55;
84.3 	(5)(6) registered dental assistant, $35; and
84.4 	(6)(7) dental assistant with a limited registration, $15.

84.5 	Sec. 14. Minnesota Statutes 2008, section 150A.091, subdivision 3, is amended to read:
84.6 		Subd. 3.Initial license or registration fees. Along with the application fee, each of 
84.7 	the following licensees or registrants shall submit a separate prorated initial license or 
84.8 	registration fee. The prorated initial fee shall be established by the board based on the 
84.9 	number of months of the licensee's or registrant's initial term as described in Minnesota 
84.10 	Rules, part 3100.1700, subpart 1a, not to exceed the following monthly fee amounts:
84.11 	(1) dentist, $14 times the number of months of the initial term;
84.12 	(2) dental therapist,  $10 times the number of months of initial term;
84.13 	(3) dental hygienist, $5 times the number of months of the initial term;
84.14 	(3)(4) registered dental assistant, $3 times the number of months of initial term; and
84.15 	(4)(5) dental assistant with a limited registration, $1 times the number of months 
84.16 	of the initial term.

84.17 	Sec. 15. Minnesota Statutes 2008, section 150A.091, subdivision 5, is amended to read:
84.18 		Subd. 5.Biennial license or registration fees. Each of the following licensees or 
84.19 	registrants shall submit with a biennial license or registration renewal application a fee as 
84.20 	established by the board, not to exceed the following amounts:
84.21 	(1) dentist, $336;
84.22 	(2) dental therapist,  $180;
84.23 	(3) dental hygienist, $118;
84.24 	(3)(4) registered dental assistant, $80; and
84.25 	(4)(5) dental assistant with a limited registration, $24.

84.26 	Sec. 16. Minnesota Statutes 2008, section 150A.091, subdivision 8, is amended to read:
84.27 		Subd. 8.Duplicate license or registration fee. Each licensee or registrant shall 
84.28 	submit, with a request for issuance of a duplicate of the original license or registration, or 
84.29 	of an annual or biennial renewal of it, a fee in the following amounts:
84.30 	(1) original dentist, dental therapist, or dental hygiene license, $35; and
84.31 	(2) initial and renewal registration certificates and license renewal certificates, $10.

85.1 	Sec. 17. Minnesota Statutes 2008, section 150A.091, subdivision 10, is amended to 
85.2 	read:
85.3 		Subd. 10.Reinstatement fee. No dentist, dental therapist, dental hygienist, or 
85.4 	registered dental assistant whose license or registration has been suspended or revoked 
85.5 	may have the license or registration reinstated or a new license or registration issued until 
85.6 	a fee has been submitted to the board in the following amounts:
85.7 	(1) dentist, $140;
85.8 	(2) dental therapist,  $85;
85.9 	(3) dental hygienist, $55; and
85.10 	(3)(4) registered dental assistant, $35.

85.11 	Sec. 18. Minnesota Statutes 2008, section 150A.10, subdivision 1, is amended to read:
85.12 		Subdivision 1.Dental hygienists. Any licensed dentist, licensed dental therapist, 
85.13 	public institution, or school authority may obtain services from a licensed dental hygienist. 
85.14 	SuchThe licensed dental hygienist may provide those services defined in section 150A.05, 
85.15 	subdivision 1a. SuchThe services provided shall not include the establishment of a final 
85.16 	diagnosis or treatment plan for a dental patient. SuchAll services shall be provided 
85.17 	under supervision of a licensed dentist. Any licensed dentist who shall permit any dental 
85.18 	service by a dental hygienist other than those authorized by the Board of Dentistry, shall 
85.19 	be deemed to be violating the provisions of sections 150A.01 to 150A.12, and any such
85.20 	unauthorized dental service by a dental hygienist shall constitute a violation of sections 
85.21 	150A.01 to 150A.12.  

85.22 	Sec. 19. Minnesota Statutes 2008, section 150A.10, subdivision 2, is amended to read:
85.23 		Subd. 2.Dental assistants. Every licensed dentist or dental therapist who uses the 
85.24 	services of any unlicensed person for the purpose of assistance in the practice of dentistry 
85.25 	or dental therapy shall be responsible for the acts of such unlicensed person while engaged 
85.26 	in such assistance. SuchThe dentist or dental therapist shall permit suchthe unlicensed 
85.27 	assistant to perform only those acts which are authorized to be delegated to unlicensed 
85.28 	assistants by the Board of Dentistry. SuchThe acts shall be performed under supervision 
85.29 	of a licensed dentist or licensed dental therapist. A licensed dental therapist shall not 
85.30 	supervise more than two registered dental assistants or unregistered dental assistants 
85.31 	at any one practice setting. The board may permit differing levels of dental assistance 
85.32 	based upon recognized educational standards, approved by the board, for the training of 
85.33 	dental assistants. The board may also define by rule the scope of practice of registered 
85.34 	and nonregistered dental assistants. The board by rule may require continuing education 
86.1 	for differing levels of dental assistants, as a condition to their registration or authority to 
86.2 	perform their authorized duties. Any licensed dentist or licensed dental therapist who shall 
86.3 	permit suchpermits an unlicensed assistant to perform any dental service other than that 
86.4 	authorized by the board shall be deemed to be enabling an unlicensed person to practice 
86.5 	dentistry, and commission of such an act by suchan unlicensed assistant shall constitute a 
86.6 	violation of sections 150A.01 to 150A.12.  

86.7 	Sec. 20. Minnesota Statutes 2008, section 150A.10, subdivision 3, is amended to read:
86.8 		Subd. 3.Dental technicians. Every licensed dentist or dental therapist who uses the 
86.9 	services of any unlicensed person, other than under the dentist's supervision and within 
86.10 	such dentist's own office, for the purpose of constructing, altering, repairing or duplicating 
86.11 	any denture, partial denture, crown, bridge, splint, orthodontic, prosthetic or other dental 
86.12 	appliance, shall be required to furnish such unlicensed person with a written work order 
86.13 	in sucha form as shall be prescribed by the rules of the board; said. The work order 
86.14 	shall be made in duplicate form, a duplicate copy toshall be retained in a permanent file 
86.15 	in the dentist's office for a period of two years, and the original toshall be retained in a 
86.16 	permanent file for a period of two years by suchthe unlicensed person in that person's 
86.17 	place of business. SuchThe permanent file of work orders required to be kept by such
86.18 	the dentist or by suchthe unlicensed person shall be open to inspection at any reasonable 
86.19 	time by the board or its duly constituted agent.

86.20 	Sec. 21. [150A.105] DENTAL THERAPIST.
86.21 		Subdivision 1.General. A dental therapist licensed under this chapter shall practice 
86.22 	under the supervision of a Minnesota-licensed dentist and under the requirements of 
86.23 	this chapter.
86.24 		Subd. 2.Limited practice settings. A dental therapist licensed under this chapter is 
86.25 	limited to primarily practicing in settings that serve low-income and underserved patients 
86.26 	or in a dental health professional shortage area.
86.27 		Subd. 3.Collaborative management agreement. (a) Prior to performing any of 
86.28 	the services authorized under this chapter, a dental therapist must enter into a written 
86.29 	collaborative management agreement with a Minnesota-licensed dentist. The agreement 
86.30 	must include:
86.31 	(1) practice settings where services may be provided and the populations to be 
86.32 	served;
86.33 	(2) any limitations on the services that may be provided by the dental therapist, 
86.34 	including the level of supervision required by the collaborating dentist;
87.1 	(3) age and procedure-specific practice protocols, including case selection criteria, 
87.2 	assessment guidelines, and imaging frequency;
87.3 	(4) a procedure for creating and maintaining dental records for the patients that 
87.4 	are treated by the dental therapist;
87.5 	(5) a plan to manage medical emergencies in each practice setting where the dental 
87.6 	therapist provides care;
87.7 	(6) a quality assurance plan for monitoring care provided by the dental therapist, 
87.8 	including patient care review, referral follow-up, and a quality assurance chart review;
87.9 	(7) protocols for administering and dispensing medications authorized under 
87.10 	subdivision 5, including the specific conditions and circumstance under which these 
87.11 	medications are to be dispensed and administered;
87.12 	(8) criteria relating to the provision of care to patients with specific medical 
87.13 	conditions or complex medication histories, including requirements for consultation prior 
87.14 	to the initiation of care;
87.15 	(9) supervision criteria of registered and nonregistered dental assistants; and
87.16 	(10) a plan for the provision of clinical resources and referrals in situations which 
87.17 	are beyond the capabilities of the dental therapist.
87.18 	(b) A collaborating dentist must be licensed and practicing in Minnesota. The 
87.19 	collaborating dentist shall accept responsibility for all services authorized and performed 
87.20 	by the dental therapist pursuant to the management agreement. Any licensed dentist who 
87.21 	permits a dental therapist to perform a dental service other than those authorized under 
87.22 	this section or by the board, or any dental therapist who performs an unauthorized service, 
87.23 	shall be deemed to be in violation of the provisions in sections 150A.01 to 150A.12.
87.24 	(c) Collaborative management agreements must be signed and maintained by the 
87.25 	collaborating dentist and the dental therapist. Agreements must be reviewed, updated, and 
87.26 	submitted to the board on an annual basis.
87.27 		Subd. 4.Scope of practice. (a) A licensed dental therapist may perform dental 
87.28 	services as authorized under this section within the parameters of the collaborative 
87.29 	management agreement.
87.30 	(b) The services authorized to be performed by a licensed dental therapist include 
87.31 	preventive, evaluative, and educational oral health services, as specified in paragraphs (c), 
87.32 	(d), and (e), and within the parameters of the collaborative management agreement.
87.33 	(c) A licensed dental therapist may perform the following preventive, evaluative, 
87.34 	and assessment services under general supervision, unless restricted or prohibited in 
87.35 	the collaborative management agreement:
88.1 	(1) oral health instruction and disease prevention education, including nutritional 
88.2 	counseling and dietary analysis;
88.3 	(2) assessment services, including an evaluation and assessment to identify oral 
88.4 	disease and conditions;
88.5 	(3) preliminary charting of the oral cavity;
88.6 	(4) making radiographs;
88.7 	(5) mechanical polishing;
88.8 	(6) application of topical preventive or prophylactic agents, including fluoride 
88.9 	varnishes and pit and fissure sealants;
88.10 	(7) pulp vitality testing; and
88.11 	(8) application of desensitizing medication or resin.
88.12 	(d) A licensed dental therapist may perform the following services under indirect 
88.13 	supervision:
88.14 	(1) fabrication of athletic mouthguards;
88.15 	(2) emergency palliative treatment of dental pain;
88.16 	(3) space maintainer removal;
88.17 	(4) restorative services:
88.18 	(i) cavity preparation class I-IV;
88.19 	(ii) restoration of primary and permanent teeth class I-IV;
88.20 	(iii) placement of temporary crowns;
88.21 	(iv) placement of temporary restorations;
88.22 	(v) preparation and placement of preformed crowns; and
88.23 	(vi) pulpotomies on primary teeth;
88.24 	(5) indirect and direct pulp capping on primary and permanent teeth;
88.25 	(6) fabrication of soft-occlusal guards;
88.26 	(7) soft-tissue reline and conditioning;
88.27 	(8) atraumatic restorative technique;
88.28 	(9) surgical services:
88.29 	(i) extractions of primary teeth;
88.30 	(ii) suture removal; and
88.31 	(iii) dressing change; 
88.32 	(10) tooth reimplantation and stabilization;
88.33 	(11) administration of local anesthetic; and
88.34 	(12) administration of nitrous oxide.
88.35 	(e) A licensed dental therapist may perform the following services under direct 
88.36 	supervision:
89.1 	(1) placement of space maintainers; and
89.2 	(2) recementing of permanent crowns.
89.3 	(f) For purposes of this section, "general supervision," "indirect supervision," 
89.4 	and "direct supervision" have the meanings given in Minnesota Rules, part 3100.0100, 
89.5 	subpart 21.
89.6 		Subd. 5.Dispensing authority. (a) A licensed dental therapist may dispense and 
89.7 	administer the following drugs within the parameters of the collaborative management 
89.8 	agreement and within the scope of practice of the dental therapist: analgesics, 
89.9 	anti-inflammatories, and antibiotics.
89.10 	(b) The authority to dispense and administer shall extend only to the categories 
89.11 	of drugs identified in this subdivision, and may be further limited by the collaborative 
89.12 	management agreement.
89.13 	(c) The authority to dispense includes the authority to dispense sample drugs within 
89.14 	the categories identified in this subdivision if dispensing is permitted by the collaborative 
89.15 	management agreement.
89.16 	(d) A licensed dental therapist is prohibited from dispensing or administering a 
89.17 	narcotic drug as defined in section 152.01, subdivision 10.
89.18 		Subd. 6.Application of other laws. A licensed dental therapist authorized to 
89.19 	practice under this chapter is not in violation of section 150A.05 as it relates to the 
89.20 	unauthorized practice of dentistry if the practice is authorized under this chapter and is 
89.21 	within the parameters of the collaborative management agreement.
89.22 		Subd. 7.Use of dental assistants. (a) A licensed dental therapist may supervise 
89.23 	registered and nonregistered dental assistants to the extent permitted in the collaborative 
89.24 	management agreement and according to section 150A.10, subdivision 2.
89.25 	(b) Notwithstanding paragraph (a), a licensed dental therapist is limited to 
89.26 	supervising no more than two registered dental assistants or nonregistered dental assistants 
89.27 	at any one practice setting.
89.28 		Subd. 8.Definitions. (a) For the purposes of this section, the following definitions 
89.29 	apply.
89.30 	(b) "Practice settings that serve the low-income and underserved" mean:
89.31 	(1) critical access dental provider settings as designated by the commissioner of 
89.32 	human services under section 256B.76, subdivision 4, paragraph (c);
89.33 	(2) dental hygiene collaborative practice settings identified in section 150A.10, 
89.34 	subdivision 1a, paragraph (e), and including medical facilities, assisted living facilities, 
89.35 	federally qualified health centers, and organizations eligible to receive a community clinic 
89.36 	grant under section 145.9268, subdivision 1;
90.1 	(3) military and veterans administration hospitals, clinics, and care settings;
90.2 	(4) a patient's residence or home when the patient is home-bound or receiving or 
90.3 	eligible to receive home care services or home and community-based waivered services, 
90.4 	regardless of the patient's income; 
90.5 	(5) oral health educational institutions; or
90.6 	(6) any other clinic or practice setting, including mobile dental units, in which at least 
90.7 	50 percent of the total patient base of the clinic or practice setting consists of patients who:
90.8 	(i) are enrolled in a Minnesota health care program;
90.9 	(ii) have a medical disability or chronic condition that creates a significant barrier to 
90.10 	receiving dental care; or
90.11 	(iii) do not have dental health coverage, either through a public health care program 
90.12 	or private insurance, and have an annual gross family income equal to or less than 200 
90.13 	percent of the federal poverty guidelines.
90.14 	(c) "Dental health professional shortage area" means an area that meets the criteria 
90.15 	established by the secretary of the United States Department of Health and Human 
90.16 	Services and is designated as such under United States Code, title 42, section 254e.

90.17 	Sec. 22. Minnesota Statutes 2008, section 150A.11, subdivision 4, is amended to read:
90.18 		Subd. 4.Dividing fees. It shall be unlawful for any dentist to divide fees with or 
90.19 	promise to pay a part of the dentist's fee to, or to pay a commission to, any dentist or 
90.20 	other person who calls the dentist in consultation or who sends patients to the dentist for 
90.21 	treatment, or operation, but nothing herein shall prevent licensed dentists from forming 
90.22 	a bona fide partnership for the practice of dentistry, nor to the actual employment by 
90.23 	a licensed dentist of a licensed dental therapist, a licensed dental hygienist or another 
90.24 	licensed dentist.

90.25 	Sec. 23. Minnesota Statutes 2008, section 150A.12, is amended to read:
90.26 	150A.12 VIOLATION AND DEFENSES.
90.27 	Every person who violates any of the provisions of sections 150A.01 to 150A.12
90.28 	for which no specific penalty is provided herein, shall be guilty of a gross misdemeanor; 
90.29 	and, upon conviction, punished by a fine of not more than $3,000 or by imprisonment in 
90.30 	the county jail for not more than one year or by both such fine and imprisonment. In 
90.31 	the prosecution of any person for violation of sections 150A.01 to 150A.12, it shall not 
90.32 	be necessary to allege or prove lack of a valid license to practice dentistry or, dental 
90.33 	therapy, or dental hygiene but such matter shall be a matter of defense to be established by 
90.34 	the defendant.  

91.1 	Sec. 24. Minnesota Statutes 2008, section 151.01, subdivision 23, is amended to read:
91.2 		Subd. 23.Practitioner. "Practitioner" means a licensed doctor of medicine, licensed 
91.3 	doctor of osteopathy duly licensed to practice medicine, licensed doctor of dentistry, 
91.4 	licensed doctor of optometry, licensed podiatrist, or licensed veterinarian. For purposes 
91.5 	of sections 151.15, subdivision 4, 151.37, subdivision 2, paragraphs (b), (e), and (f), 
91.6 	and 151.461, "practitioner" also means a physician assistant authorized to prescribe, 
91.7 	dispense, and administer under chapter 147A, or an advanced practice nurse authorized 
91.8 	to prescribe, dispense, and administer under section 148.235. For purposes of sections 
91.9 	151.15, subdivision 4; 151.37, subdivision 2, paragraph (b); and 151.461, "practitioner" 
91.10 	also means a dental therapist authorized to dispense and administer under chapter 150A.

91.11 	Sec. 25. IMPACT OF DENTAL THERAPISTS.
 91.12 	(a) The Board of Dentistry shall evaluate the impact of the use of dental therapists 
91.13 	on the delivery of and access to dental services. The board shall report to the chairs and 
91.14 	ranking minority members of the legislative committees with jurisdiction over health 
91.15 	care by January 15, 2014:
91.16 	(1) the number of dental therapists  annually licensed by the board beginning in 2011;
91.17 	(2) the settings where licensed dental therapists are practicing and the populations 
91.18 	being served;
91.19 	(3) the number of complaints filed against dental therapists  and the basis for each 
91.20 	complaint; and
91.21 	(4) the number of disciplinary actions taken against dental therapists.
91.22 	(b) The board, in consultation with the Department of Human Services, shall also 
91.23 	include the number and type of dental services that were performed by a dental therapist 
91.24 	and reimbursed by the state under the Minnesota state health care programs for the 2013 
91.25 	fiscal year.
91.26 	(c) The board, in consultation with the Department of Health, shall develop an 
91.27 	evaluation process that focuses on assessing the impact of dental therapists  in terms of 
91.28 	patient safety, cost effectiveness, and access to dental services. The process shall focus on 
91.29 	the following outcome measures:
91.30 	(1) number of new patients served;
91.31 	(2) reduction in waiting times for needed services;
91.32 	(3) decreased travel time for patients;
91.33 	(4) impact on emergency room usage for dental care; and
91.34 	(5) costs to the public health care system.

92.1 	Sec. 26.  REPEALER.
 92.2 	Minnesota Statutes 2008, section 150A.061, is repealed.

92.3 	ARTICLE 11
92.4 	ORAL HEALTH PRACTITIONERS

92.5 	Section 1. Minnesota Statutes 2008, section 150A.01, is amended by adding a 
92.6 	subdivision to read:
92.7 		Subd. 6c.Oral health practitioner. "Oral health practitioner" means a person 
92.8 	licensed under this chapter to perform the services authorized under section 150A.105 or 
92.9 	any other services authorized under this chapter.

92.10 	Sec. 2. Minnesota Statutes 2008, section 150A.05, is amended by adding a subdivision 
92.11 	to read:
92.12 		Subd. 1c.Practice of oral health practitioners. A person shall be deemed to be 
92.13 	practicing as an oral health practitioner within the meaning of this chapter who:
92.14 	(1) works under the supervision of a Minnesota-licensed dentist under a collaborative 
92.15 	management agreement as specified under section 150A.105;
92.16 	(2) practices in settings that serve low-income, uninsured, and underserved patients 
92.17 	or are located in dental health professional shortage areas; and
92.18 	(3) provides oral health care services, including preventive, primary diagnostic, 
92.19 	educational, palliative, therapeutic, and restorative services as authorized under section 
92.20 	150A.105 and within the context of a collaborative management agreement.

92.21 	Sec. 3. Minnesota Statutes 2008, section 150A.05, subdivision 2, is amended to read:
92.22 		Subd. 2.Exemptions and exceptions of certain practices and operations.
 92.23 	Sections 150A.01 to 150A.12 do not apply to:  
92.24 	(1) the practice of dentistry or dental hygiene in any branch of the armed services of 
92.25 	the United States, the United States Public Health Service, or the United States Veterans 
92.26 	Administration;
92.27 	(2) the practice of dentistry, dental hygiene, or dental assisting by undergraduate 
92.28 	dental students, oral health practitioner students, dental hygiene students, and dental 
92.29 	assisting students of the University of Minnesota, schools of dental hygiene, schools 
92.30 	with an oral health practitioner education program accredited under section 150A.06, or 
92.31 	schools of dental assisting approved by the board, when acting under the direction and 
92.32 	supervision of a licensed dentist, a licensed oral health practitioner,  or a licensed dental 
92.33 	hygienist acting as an instructor;
93.1 	(3) the practice of dentistry by licensed dentists of other states or countries while 
93.2 	appearing as clinicians under the auspices of a duly approved dental school or college, or a 
93.3 	reputable dental society, or a reputable dental study club composed of dentists;
93.4 	(4) the actions of persons while they are taking examinations for licensure or 
93.5 	registration administered or approved by the board pursuant to sections 150A.03, 
93.6 	subdivision 1, and 150A.06, subdivisions 1, 2, and 2a;  
93.7 	(5) the practice of dentistry by dentists and dental hygienists licensed by other states 
93.8 	during their functioning as examiners responsible for conducting licensure or registration 
93.9 	examinations administered by regional and national testing agencies with whom the 
93.10 	board is authorized to affiliate and participate under section 150A.03, subdivision 1, 
93.11 	and the practice of dentistry by the regional and national testing agencies during their 
93.12 	administering examinations pursuant to section 150A.03, subdivision 1;  
93.13 	(6) the use of X-rays or other diagnostic imaging modalities for making radiographs 
93.14 	or other similar records in a hospital under the supervision of a physician or dentist or 
93.15 	by a person who is credentialed to use diagnostic imaging modalities or X-ray machines 
93.16 	for dental treatment, roentgenograms, or dental diagnostic purposes by a credentialing 
93.17 	agency other than the Board of Dentistry; or
93.18 	(7) the service, other than service performed directly upon the person of a patient, of 
93.19 	constructing, altering, repairing, or duplicating any denture, partial denture, crown, bridge, 
93.20 	splint, orthodontic, prosthetic, or other dental appliance, when performed according to 
93.21 	a written work order from a licensed dentist or a licensed oral health practitioner in 
93.22 	accordance with section 150A.10, subdivision 3.  

93.23 	Sec. 4. Minnesota Statutes 2008, section 150A.06, is amended by adding a subdivision 
93.24 	to read:
93.25 		Subd. 1e.Oral health practitioners. (a) A person of good moral character who 
93.26 	has graduated from an oral health practitioner education program that has been approved 
93.27 	by the board or accredited by the Commission on Dental Accreditation or another 
93.28 	board-approved national accreditation organization may apply for licensure. 
93.29 	(b) The applicant must submit an application and fee as prescribed by the board 
93.30 	and a diploma or certificate from an oral health practitioner education program. Prior to 
93.31 	being licensed, the applicant must pass a comprehensive, competency-based clinical 
93.32 	examination that is approved by the board and administered independently of an institution 
93.33 	providing oral health practitioner education. The applicant must also pass an examination 
93.34 	testing the applicant's knowledge of the Minnesota laws and rules relating to the practice 
93.35 	of dentistry. An applicant who has failed the clinical examination twice is ineligible 
94.1 	to retake the clinical examination until further education and training are obtained as 
94.2 	specified in rules adopted by the board. A separate, nonrefundable fee may be charged 
94.3 	for each time a person applies.
94.4 	(c) An applicant who passes the examination in compliance with subdivision 2b, 
94.5 	abides by professional ethical conduct requirements, and meets all the other requirements 
94.6 	of the board shall be licensed as an oral health practitioner.

94.7 	Sec. 5. Minnesota Statutes 2008, section 150A.06, is amended by adding a subdivision 
94.8 	to read:
94.9 		Subd. 1f.Resident dental providers. A person who is a graduate of an 
94.10 	undergraduate program and is an enrolled graduate student of an advanced dental 
94.11 	education program shall obtain from the board a license to practice as a resident dental 
94.12 	hygienist or oral health practitioner. The license must be designated "resident dental 
94.13 	provider license" and authorizes the licensee to practice only under the supervision of a 
94.14 	licensed dentist or licensed oral health practitioner. A resident dental provider license 
94.15 	must be renewed annually according to rules adopted by the board. An applicant for a 
94.16 	resident dental provider license shall pay a nonrefundable fee set by the board for issuing 
94.17 	and renewing the license. The requirements of sections 150A.01 to 150A.21 apply to 
94.18 	resident dental providers except as specified in rules adopted by the board. A resident 
94.19 	dental provider license does not qualify a person for licensure under subdivision 1e or 2. 

94.20 	Sec. 6. Minnesota Statutes 2008, section 150A.06, subdivision 2d, is amended to read:
94.21 		Subd. 2d.Continuing education and professional development waiver. (a) 
94.22 	The board shall grant a waiver to the continuing education requirements under this 
94.23 	chapter for a licensed dentist, licensed oral health practitioner, licensed dental hygienist, 
94.24 	or registered dental assistant who documents to the satisfaction of the board that the 
94.25 	dentist, oral health practitioner, dental hygienist, or registered dental assistant has retired 
94.26 	from active practice in the state and limits the provision of dental care services to those 
94.27 	offered without compensation in a public health, community, or tribal clinic or a nonprofit 
94.28 	organization that provides services to the indigent or to recipients of medical assistance, 
94.29 	general assistance medical care, or MinnesotaCare programs.
94.30 	(b) The board may require written documentation from the volunteer and retired 
94.31 	dentist, oral health practitioner, dental hygienist, or registered dental assistant prior 
94.32 	to granting this waiver.
94.33 	(c) The board shall require the volunteer and retired dentist, oral health practitioner, 
94.34 	dental hygienist, or registered dental assistant to meet the following requirements:
95.1 	(1) a licensee or registrant seeking a waiver under this subdivision must complete 
95.2 	and document at least five hours of approved courses in infection control, medical 
95.3 	emergencies, and medical management for the continuing education cycle; and
95.4 	(2) provide documentation of certification in advanced or basic cardiac life support 
95.5 	recognized by the American Heart Association, the American Red Cross, or an equivalent 
95.6 	entity.

95.7 	Sec. 7. Minnesota Statutes 2008, section 150A.06, subdivision 5, is amended to read:
95.8 		Subd. 5.Fraud in securing licenses or registrations. Every person implicated 
95.9 	in employing fraud or deception in applying for or securing a license or registration to 
95.10 	practice dentistry, dental hygiene, or dental assisting, or as an oral health practitioner  or in 
95.11 	annually renewing a license or registration under sections 150A.01 to 150A.12 is guilty 
95.12 	of a gross misdemeanor. 

95.13 	Sec. 8. Minnesota Statutes 2008, section 150A.06, subdivision 6, is amended to read:
95.14 		Subd. 6.Display of name and certificates. The initial license and subsequent 
95.15 	renewal, or current registration certificate, of every dentist, oral health practitioner, dental 
95.16 	hygienist, or dental assistant shall be conspicuously displayed in every office in which that 
95.17 	person practices, in plain sight of patients. Near or on the entrance door to every office 
95.18 	where dentistry is practiced, the name of each dentist practicing there, as inscribed on the 
95.19 	current license certificate, shall be displayed in plain sight.

95.20 	Sec. 9. Minnesota Statutes 2008, section 150A.08, subdivision 1, is amended to read:
95.21 		Subdivision 1.Grounds. The board may refuse or by order suspend or revoke, 
95.22 	limit or modify by imposing conditions it deems necessary, anythe license to practice 
95.23 	dentistry or dental hygieneof a dentist, oral health practitioner, or dental hygienist, or the 
95.24 	registration of any dental assistant upon any of the following grounds:
95.25 	(1) fraud or deception in connection with the practice of dentistry or the securing of 
95.26 	a license or registration certificate;
95.27 	(2) conviction, including a finding or verdict of guilt, an admission of guilt, or a no 
95.28 	contest plea, in any court of a felony or gross misdemeanor reasonably related to the 
95.29 	practice of dentistry as evidenced by a certified copy of the conviction;
95.30 	(3) conviction, including a finding or verdict of guilt, an admission of guilt, or a 
95.31 	no contest plea, in any court of an offense involving moral turpitude as evidenced by a 
95.32 	certified copy of the conviction;
95.33 	(4) habitual overindulgence in the use of intoxicating liquors;
96.1 	(5) improper or unauthorized prescription, dispensing, administering, or personal 
96.2 	or other use of any legend drug as defined in chapter 151, of any chemical as defined in 
96.3 	chapter 151, or of any controlled substance as defined in chapter 152;
96.4 	(6) conduct unbecoming a person licensed to practice dentistry or dental hygiene 
96.5 	or as an oral health practitioner or registered as a dental assistant, or conduct contrary to 
96.6 	the best interest of the public, as such conduct is defined by the rules of the board;
96.7 	(7) gross immorality;
96.8 	(8) any physical, mental, emotional, or other disability which adversely affects a 
96.9 	dentist's, oral health practitioner's, dental hygienist's, or registered dental assistant's ability 
96.10 	to perform the service for which the person is licensed or registered;
96.11 	(9) revocation or suspension of a license, registration, or equivalent authority to 
96.12 	practice, or other disciplinary action or denial of a license or registration application taken 
96.13 	by a licensing, registering, or credentialing authority of another state, territory, or country 
96.14 	as evidenced by a certified copy of the licensing authority's order, if the disciplinary action 
96.15 	or application denial was based on facts that would provide a basis for disciplinary action 
96.16 	under this chapter and if the action was taken only after affording the credentialed person 
96.17 	or applicant notice and opportunity to refute the allegations or pursuant to stipulation 
96.18 	or other agreement;
96.19 	(10) failure to maintain adequate safety and sanitary conditions for a dental office in 
96.20 	accordance with the standards established by the rules of the board;
96.21 	(11) employing, assisting, or enabling in any manner an unlicensed person to 
96.22 	practice dentistry;
96.23 	(12) failure or refusal to attend, testify, and produce records as directed by the board 
96.24 	under subdivision 7;
96.25 	(13) violation of, or failure to comply with, any other provisions of sections 150A.01
96.26 	to 150A.12, the rules of the Board of Dentistry, or any disciplinary order issued by the 
96.27 	board, sections 144.291 to 144.298 or 595.02, subdivision 1, paragraph (d), or for any 
96.28 	other just cause related to the practice of dentistry. Suspension, revocation, modification 
96.29 	or limitation of any license shall not be based upon any judgment as to therapeutic or 
96.30 	monetary value of any individual drug prescribed or any individual treatment rendered, 
96.31 	but only upon a repeated pattern of conduct; 
96.32 	(14) knowingly providing false or misleading information that is directly related 
96.33 	to the care of that patient unless done for an accepted therapeutic purpose such as the 
96.34 	administration of a placebo; or
96.35 	(15) aiding suicide or aiding attempted suicide in violation of section 609.215 as 
96.36 	established by any of the following: 
97.1 	(i) a copy of the record of criminal conviction or plea of guilty for a felony in 
97.2 	violation of section 609.215, subdivision 1 or 2; 
97.3 	(ii) a copy of the record of a judgment of contempt of court for violating an 
97.4 	injunction issued under section 609.215, subdivision 4; 
97.5 	(iii) a copy of the record of a judgment assessing damages under section 609.215, 
97.6 	subdivision 5; or 
97.7 	(iv) a finding by the board that the person violated section 609.215, subdivision 
97.8 	1 or 2. The board shall investigate any complaint of a violation of section 609.215, 
97.9 	subdivision 1 or 2. 

97.10 	Sec. 10. Minnesota Statutes 2008, section 150A.08, subdivision 3a, is amended to read:
97.11 		Subd. 3a.Costs; additional penalties. (a) The board may impose a civil penalty 
97.12 	not exceeding $10,000 for each separate violation, the amount of the civil penalty to 
97.13 	be fixed so as to deprive a licensee or registrant of any economic advantage gained by 
97.14 	reason of the violation, to discourage similar violations by the licensee or registrant or any 
97.15 	other licensee or registrant, or to reimburse the board for the cost of the investigation and 
97.16 	proceeding, including, but not limited to, fees paid for services provided by the Office of 
97.17 	Administrative Hearings, legal and investigative services provided by the Office of the 
97.18 	Attorney General, court reporters, witnesses, reproduction of records, board members' 
97.19 	per diem compensation, board staff time, and travel costs and expenses incurred by board 
97.20 	staff and board members.
97.21 	(b) In addition to costs and penalties imposed under paragraph (a), the board may 
97.22 	also:
97.23 	(1) order the dentist, oral health practitioner, dental hygienist, or dental assistant to 
97.24 	provide unremunerated service;
97.25 	(2) censure or reprimand the dentist, oral health practitioner, dental hygienist, or 
97.26 	dental assistant; or
97.27 	(3) any other action as allowed by law and justified by the facts of the case.

97.28 	Sec. 11. Minnesota Statutes 2008, section 150A.08, subdivision 5, is amended to read:
97.29 		Subd. 5.Medical examinations. If the board has probable cause to believe 
97.30 	that a dentist, oral health practitioner, dental hygienist, registered dental assistant, or 
97.31 	applicant engages in acts described in subdivision 1, clause (4) or (5), or has a condition 
97.32 	described in subdivision 1, clause (8), it shall direct the dentist, oral health practitioner, 
97.33 	dental hygienist, assistant, or applicant to submit to a mental or physical examination or 
97.34 	a chemical dependency assessment. For the purpose of this subdivision, every dentist, 
98.1 	oral health practitioner, dental hygienist, or assistant licensed or registered under this 
98.2 	chapter or person submitting an application for a license or registration is deemed to 
98.3 	have given consent to submit to a mental or physical examination when directed in 
98.4 	writing by the board and to have waived all objections in any proceeding under this 
98.5 	section to the admissibility of the examining physician's testimony or examination reports 
98.6 	on the ground that they constitute a privileged communication. Failure to submit to an 
98.7 	examination without just cause may result in an application being denied or a default and 
98.8 	final order being entered without the taking of testimony or presentation of evidence, 
98.9 	other than evidence which may be submitted by affidavit, that the licensee, registrant, or 
98.10 	applicant did not submit to the examination. A dentist, oral health practitioner, dental 
98.11 	hygienist, registered dental assistant, or applicant affected under this section shall at 
98.12 	reasonable intervals be afforded an opportunity to demonstrate ability to start or resume 
98.13 	the competent practice of dentistry or perform the duties of aan oral health practitioner, 
98.14 	dental hygienist, or registered dental assistant with reasonable skill and safety to patients. 
98.15 	In any proceeding under this subdivision, neither the record of proceedings nor the orders 
98.16 	entered by the board is admissible, is subject to subpoena, or may be used against the 
98.17 	dentist, oral health practitioner, dental hygienist, registered dental assistant, or applicant in 
98.18 	any proceeding not commenced by the board. Information obtained under this subdivision 
98.19 	shall be classified as private pursuant to the Minnesota Government Data Practices Act.

98.20 	Sec. 12. Minnesota Statutes 2008, section 150A.09, subdivision 1, is amended to read:
98.21 		Subdivision 1.Registration information and procedure. On or before the license 
98.22 	or registration certificate expiration date every licensed dentist, oral health practitioner, 
98.23 	dental hygienist, and registered dental assistant shall transmit to the executive secretary of 
98.24 	the board, pertinent information required by the board, together with the fee established 
98.25 	by the board. At least 30 days before a license or registration certificate expiration date, 
98.26 	the board shall send a written notice stating the amount and due date of the fee and the 
98.27 	information to be provided to every licensed dentist, oral health practitioner, dental 
98.28 	hygienist, and registered dental assistant.

98.29 	Sec. 13. Minnesota Statutes 2008, section 150A.09, subdivision 3, is amended to read:
98.30 		Subd. 3.Current address, change of address. Every dentist, oral health 
98.31 	practitioner, dental hygienist, and registered dental assistant shall maintain with the board 
98.32 	a correct and current mailing address. For dentists engaged in the practice of dentistry, 
98.33 	the address shall be that of the location of the primary dental practice. Within 30 days 
98.34 	after changing addresses, every dentist, oral health practitioner, dental hygienist, and 
99.1 	registered dental assistant shall provide the board written notice of the new address either 
99.2 	personally or by first class mail.

99.3 	Sec. 14. Minnesota Statutes 2008, section 150A.091, subdivision 2, is amended to read:
99.4 		Subd. 2.Application fees. Each applicant for licensure or registration shall submit 
99.5 	with a license or registration application a nonrefundable fee in the following amounts in 
99.6 	order to administratively process an application:
99.7 	(1) dentist, $140;
99.8 	(2) limited faculty dentist, $140;
99.9 	(3) resident dentist, $55;
99.10 	(4) oral health practitioner, $100;
99.11 	(5) dental hygienist, $55;
99.12 	(5)(6) registered dental assistant, $35; and
99.13 	(6)(7) dental assistant with a limited registration, $15.

99.14 	Sec. 15. Minnesota Statutes 2008, section 150A.091, subdivision 3, is amended to read:
99.15 		Subd. 3.Initial license or registration fees. Along with the application fee, each of 
99.16 	the following licensees or registrants shall submit a separate prorated initial license or 
99.17 	registration fee. The prorated initial fee shall be established by the board based on the 
99.18 	number of months of the licensee's or registrant's initial term as described in Minnesota 
99.19 	Rules, part 3100.1700, subpart 1a, not to exceed the following monthly fee amounts:
99.20 	(1) dentist, $14 times the number of months of the initial term;
99.21 	(2) oral health practitioner, $10 times the number of months of initial term;
99.22 	(3) dental hygienist, $5 times the number of months of the initial term;
99.23 	(3)(4) registered dental assistant, $3 times the number of months of initial term; and
99.24 	(4)(5) dental assistant with a limited registration, $1 times the number of months 
99.25 	of the initial term.

99.26 	Sec. 16. Minnesota Statutes 2008, section 150A.091, subdivision 5, is amended to read:
99.27 		Subd. 5.Biennial license or registration fees. Each of the following licensees or 
99.28 	registrants shall submit with a biennial license or registration renewal application a fee as 
99.29 	established by the board, not to exceed the following amounts:
99.30 	(1) dentist, $336;
99.31 	(2) oral health practitioner, $240;
99.32 	(3) dental hygienist, $118;
99.33 	(3)(4) registered dental assistant, $80; and
100.1 	(4)(5) dental assistant with a limited registration, $24.

100.2 	Sec. 17. Minnesota Statutes 2008, section 150A.091, subdivision 8, is amended to read:
100.3 		Subd. 8.Duplicate license or registration fee. Each licensee or registrant shall 
100.4 	submit, with a request for issuance of a duplicate of the original license or registration, or 
100.5 	of an annual or biennial renewal of it, a fee in the following amounts:
100.6 	(1) original dentist, oral health practitioner, or dental hygiene license, $35; and
100.7 	(2) initial and renewal registration certificates and license renewal certificates, $10.

100.8 	Sec. 18. Minnesota Statutes 2008, section 150A.091, subdivision 10, is amended to 
100.9 	read:
100.10 		Subd. 10.Reinstatement fee. No dentist, oral health practitioner, dental hygienist, 
100.11 	or registered dental assistant whose license or registration has been suspended or revoked 
100.12 	may have the license or registration reinstated or a new license or registration issued until 
100.13 	a fee has been submitted to the board in the following amounts:
100.14 	(1) dentist, $140;
100.15 	(2) oral health practitioner, $100;
100.16 	(3) dental hygienist, $55; and
100.17 	(3)(4) registered dental assistant, $35.

100.18 	Sec. 19. Minnesota Statutes 2008, section 150A.10, subdivision 2, is amended to read:
100.19 		Subd. 2.Dental assistants. Every licensed dentist or oral health practitioner who 
100.20 	uses the services of any unlicensed person for the purpose of assistance in the practice of 
100.21 	dentistry or within the practice of an oral health practitioner shall be responsible for the 
100.22 	acts of such unlicensed person while engaged in such assistance. SuchThe dentist or oral 
100.23 	health practitioner shall permit suchthe unlicensed assistant to perform only those acts 
100.24 	which are authorized to be delegated to unlicensed assistants by the Board of Dentistry. 
100.25 	SuchThe acts shall be performed under supervision of a licensed dentist or licensed oral 
100.26 	health practitioner. A licensed oral health practitioner shall not supervise more than four 
100.27 	registered dental assistants at any one practice setting. The board may permit differing 
100.28 	levels of dental assistance based upon recognized educational standards, approved by 
100.29 	the board, for the training of dental assistants. The board may also define by rule the 
100.30 	scope of practice of registered and nonregistered dental assistants. The board by rule 
100.31 	may require continuing education for differing levels of dental assistants, as a condition 
100.32 	to their registration or authority to perform their authorized duties. Any licensed dentist 
100.33 	or licensed oral health practitioner who shall permit suchpermits an unlicensed assistant 
101.1 	to perform any dental service other than that authorized by the board shall be deemed to 
101.2 	be enabling an unlicensed person to practice dentistry, and commission of such an act by 
101.3 	suchan unlicensed assistant shall constitute a violation of sections 150A.01 to 150A.12.  

101.4 	Sec. 20. Minnesota Statutes 2008, section 150A.10, subdivision 3, is amended to read:
101.5 		Subd. 3.Dental technicians. Every licensed dentist and oral health practitioner 
101.6 	who uses the services of any unlicensed person, other than under the dentist's or oral 
101.7 	health practitioner's supervision and within such dentist's own office the same practice 
101.8 	setting, for the purpose of constructing, altering, repairing or duplicating any denture, 
101.9 	partial denture, crown, bridge, splint, orthodontic, prosthetic or other dental appliance, 
101.10 	shall be required to furnish such unlicensed person with a written work order in such form 
101.11 	as shall be prescribed by the rules of the board; said. The work order shall be made in 
101.12 	duplicate form, a duplicate copy to be retained in a permanent file inof the dentist's office
101.13 	dentist or oral health practitioner at the practice setting for a period of two years, and the 
101.14 	original to be retained in a permanent file for a period of two years by suchthe unlicensed 
101.15 	person in that person's place of business. SuchThe permanent file of work orders to be 
101.16 	kept by suchthe dentist, oral health practitioner, or by suchthe unlicensed person shall be 
101.17 	open to inspection at any reasonable time by the board or its duly constituted agent.

101.18 	Sec. 21. Minnesota Statutes 2008, section 150A.10, subdivision 4, is amended to read:
101.19 		Subd. 4.Restorative procedures. (a) Notwithstanding subdivisions 1, 1a, and 2, 
101.20 	a licensed dental hygienist or a registered dental assistant may perform the following 
101.21 	restorative procedures:
101.22 	(1) place, contour, and adjust amalgam restorations;
101.23 	(2) place, contour, and adjust glass ionomer;
101.24 	(3) adapt and cement stainless steel crowns; and
101.25 	(4) place, contour, and adjust class I and class V supragingival composite restorations 
101.26 	where the margins are entirely within the enamel.
101.27 	(b) The restorative procedures described in paragraph (a) may be performed only if:
101.28 	(1) the licensed dental hygienist or the registered dental assistant has completed a 
101.29 	board-approved course on the specific procedures;
101.30 	(2) the board-approved course includes a component that sufficiently prepares the 
101.31 	dental hygienist or registered dental assistant to adjust the occlusion on the newly placed 
101.32 	restoration;
101.33 	(3) a licensed dentist or licensed oral health practitioner has authorized the procedure 
101.34 	to be performed; and
102.1 	(4) a licensed dentist or licensed oral health practitioner is available in the clinic 
102.2 	while the procedure is being performed.
102.3 	(c) The dental faculty who teaches the educators of the board-approved courses 
102.4 	specified in paragraph (b) must have prior experience teaching these procedures in an 
102.5 	accredited dental education program.

102.6 	Sec. 22. [150A.106] ORAL HEALTH PRACTITIONER.
102.7 		Subdivision 1.General. An oral health practitioner licensed under this chapter 
102.8 	may practice under the supervision of a Minnesota-licensed dentist pursuant to a written 
102.9 	collaborative management agreement and the requirements of this chapter.
102.10 		Subd. 2.Limited practice settings. An oral health practitioner licensed under this 
102.11 	chapter is limited to primarily practicing in settings that serve low-income, uninsured, and 
102.12 	underserved patients or are located in a dental health professional shortage area.
102.13 		Subd. 3.Collaborative management agreement. (a) Prior to performing any of 
102.14 	the services authorized under this chapter, an oral health practitioner must enter into 
102.15 	a written collaborative management agreement with a Minnesota-licensed dentist. The 
102.16 	agreement must include:
102.17 	(1) practice settings where services may be provided and the populations to be 
102.18 	served;
102.19 	(2) any limitations on the services that may be provided by the oral health 
102.20 	practitioner, including the level of supervision required by the collaborating dentist and 
102.21 	consultation criteria;
102.22 	(3) age and procedure-specific practice protocols, including case selection criteria, 
102.23 	examination guidelines, and imaging frequency;
102.24 	(4) a procedure for creating and maintaining dental records for the patients that 
102.25 	are treated by the oral health practitioner;
102.26 	(5) a plan to manage medical emergencies in each practice setting where the oral 
102.27 	health practitioner provides care;
102.28 	(6) a quality assurance plan for monitoring care provided by the oral health 
102.29 	practitioner, including patient care review, referral follow-up, and a quality assurance 
102.30 	chart review;
102.31 	(7) protocols for prescribing, administering, and dispensing medications authorized 
102.32 	under subdivision 5, including the specific conditions and circumstances under which 
102.33 	these medications are to be prescribed, dispensed, and administered;
103.1 	(8) criteria relating to the provision of care to patients with specific medical 
103.2 	conditions or complex medication histories, including any requirements for consultation 
103.3 	prior to the initiation of care;
103.4 	(9) criteria for the supervision of allied dental personnel;
103.5 	(10) a plan for the provision of clinical referrals in situations that are beyond the 
103.6 	diagnostic or treatment capabilities of the oral health practitioner; and
103.7 	(11) a description of any financial arrangement, if applicable, between the oral 
103.8 	health practitioner and collaborating dentist.
103.9 	(b) A collaborating dentist must be licensed and practicing in Minnesota. The 
103.10 	collaborating dentist shall accept responsibility for all services authorized and performed 
103.11 	by the oral health practitioner under the collaborative management agreement. Any 
103.12 	licensed dentist who permits an oral health practitioner to perform a dental service other 
103.13 	than those authorized under this section or by the board or any oral health practitioner who 
103.14 	performs unauthorized services shall be in violation of sections 150A.01 to 150A.12.
103.15 	(c) Both the collaborating dentist and the oral health practitioner must maintain 
103.16 	professional liability coverage. Proof of professional liability coverage shall be submitted 
103.17 	to the board as part of the collaborative management agreement.
103.18 	(d) Collaborative management agreements must be signed and maintained by the 
103.19 	collaborating dentist and the oral health practitioner. Agreements must be reviewed, 
103.20 	updated, and submitted to the board on an annual basis.
103.21 	(e) A collaborating dentist shall accept any patient referred by the oral health 
103.22 	practitioner or have a referral process for patients that are referred by the oral health 
103.23 	practitioner.
103.24 	(f) A collaborating dentist must conduct periodic oversight reviews of each oral 
103.25 	health practitioner in which the dentist has entered into a collaborative management 
103.26 	agreement.
103.27 		Subd. 4.Scope of practice. (a) A licensed oral health practitioner may perform 
103.28 	dental services as authorized under this section within the parameters of the collaborative 
103.29 	management agreement.
103.30 	(b) The services a licensed oral health practitioner may perform include preventive, 
103.31 	primary diagnostic, educational, palliative, therapeutic, and restorative oral health services 
103.32 	as specified in paragraphs (c) and (d), and within the parameters of the collaborative 
103.33 	management agreement.
103.34 	(c) A licensed oral health practitioner may perform the following services under 
103.35 	general supervision, unless restricted or prohibited in the collaborative management 
103.36 	agreement:
104.1 	(1) preventive, palliative, diagnostic, and assessment services:
104.2 	(i) oral health instruction and disease prevention education, including nutritional 
104.3 	counseling and dietary analysis;
104.4 	(ii) diagnostic services, including an examination, evaluation, and assessment to 
104.5 	identify oral disease and conditions;
104.6 	(iii) formulation of a diagnosis and individualized treatment plan, including 
104.7 	preliminary charting of the oral cavity;
104.8 	(iv) taking of radiographs;
104.9 	(v) prophylaxis;
104.10 	(vi) fabrication of athletic mouthguards;
104.11 	(vii) application of topical preventive or prophylactic agents, including fluoride 
104.12 	varnishes and pit and fissure sealants;
104.13 	(viii) full-mouth debridement;
104.14 	(ix) emergency palliative treatment of dental pain;
104.15 	(x) pulp vitality testing;
104.16 	(xi) application of desensitizing medication or resin; and
104.17 	(xii) space maintainer removal;
104.18 	(2) restorative services:
104.19 	(i) cavity preparation class I-IV;
104.20 	(ii) restoration of primary and permanent teeth class I-IV;
104.21 	(iii) placement of temporary crowns;
104.22 	(iv) placement of temporary restorations;
104.23 	(v) preparation and placement of preformed crowns;
104.24 	(vi) pulpotomies on primary teeth;
104.25 	(vii) indirect and direct pulp capping on primary and permanent teeth;
104.26 	(viii) repair of defective prosthetic appliances;
104.27 	(ix) recementing of permanent crowns;
104.28 	(x) administering nitrous oxide inhalation analgesia;
104.29 	(xi) administering injections of local anesthetic agents;
104.30 	(xii) periodontal maintenance;
104.31 	(xiii) scaling and root planing;
104.32 	(xiv) soft-tissue reline and conditioning;
104.33 	(xv) atraumatic restorative technique; and
104.34 	(xvi) opening permanent teeth for pulpal debridement and opening chamber; and
104.35 	(3) surgical services:
104.36 	(i) extractions of primary and permanent teeth;
105.1 	(ii) suture placement and removal;
105.2 	(iii) dressing change;
105.3 	(iv) brush biopsies;
105.4 	(v) tooth reimplantation and stabilization; and
105.5 	(vi) abscess incision and drainage.
105.6 	(d) A licensed oral health practitioner may perform the following services under 
105.7 	the indirect supervision, unless restricted or prohibited in the collaborative management 
105.8 	agreement:
105.9 	(1) placement of space maintainers; and
105.10 	(2) fabrication of soft-occlusal guards.
105.11 	(e) For purposes of this section, "general supervision" and "indirect supervision" 
105.12 	have the meanings given in Minnesota Rules, part 3100.0100, subpart 21.
105.13 		Subd. 5.Prescribing authority. (a) A licensed oral health practitioner may 
105.14 	prescribe, dispense, and administer the following drugs within the parameters of the 
105.15 	collaborative management agreement and within the scope of practice of the oral health 
105.16 	practitioner: analgesics, anti-inflammatories, and antibiotics.
105.17 	(b) The authority to prescribe, dispense, and administer shall extend only to the 
105.18 	categories of drugs identified in this subdivision, and may be further limited by the 
105.19 	collaborative management agreement.
105.20 	(c) The authority to dispense includes the authority to dispense sample drugs within 
105.21 	the categories identified in this subdivision if dispensing is permitted by the collaborative 
105.22 	management agreement.
105.23 	(d) Notwithstanding paragraph (a), a licensed oral health practitioner is prohibited 
105.24 	from dispensing, prescribing, or administering a narcotic drug as defined in section 
105.25 	152.01, subdivision 10.
105.26 		Subd. 6.Application of other laws. A licensed oral health practitioner authorized 
105.27 	to practice under this chapter is not in violation of section 150A.05 as it relates to the 
105.28 	unauthorized practice of dentistry if the practice is authorized under this chapter and is 
105.29 	within the parameters of the collaborative management agreement.
105.30 		Subd. 7.Use of dental allied personnel. (a) A licensed oral health practitioner 
105.31 	may supervise registered and unregistered dental assistants to the extent permitted in the 
105.32 	collaborative management agreement and according to section 150A.10.
105.33 	(b) Notwithstanding paragraph (a), a licensed oral health practitioner is limited to 
105.34 	supervising no more than four registered dental assistants at any one practice setting.
105.35 		Subd. 8.Definitions. (a) For the purposes of this section, the following definitions 
105.36 	apply.
106.1 	(b) "Practice settings that serve the low-income, uninsured, and underserved" mean:
106.2 	(1) critical access dental provider settings as designated by the commissioner of 
106.3 	human services under section 256B.76, subdivision 4;
106.4 	(2) dental hygiene collaborative practice settings identified in section 150A.10, 
106.5 	subdivision 1a, paragraph (e), medical facilities, assisted living facilities, local and state 
106.6 	correctional facilities, federally qualified health centers, and organizations eligible to 
106.7 	receive a community clinic grant under section 145.9268, subdivision 1;
106.8 	(3) military and veterans administration hospitals, clinics, and care settings;
106.9 	(4) a patient's residence or home when the patient is homebound or receiving or 
106.10 	eligible to receive home care services or home and community-based waivered services, 
106.11 	regardless of the patient's income; 
106.12 	(5) oral health educational institutions; or
106.13 	(6) any other clinic or practice setting, including mobile dental units, in which at 
106.14 	least 50 percent of the oral health practitioner's total patient base in that clinic or practice 
106.15 	setting are patients who:
106.16 	(i) are enrolled in a Minnesota health care program;
106.17 	(ii) have a medical disability or chronic condition that creates a significant barrier 
106.18 	to receiving dental care;
106.19 	(iii) reside in geographically isolated or medically underserved areas; or
106.20 	(iv) do not have dental health coverage either through a Minnesota health care 
106.21 	program or private insurance.
106.22 	(c) "Dental health professional shortage area" means an area that meets the criteria 
106.23 	established by the secretary of the United States Department of Health and Human 
106.24 	Services and is designated as such under United States Code, title 42, section 254e.

106.25 	Sec. 23. Minnesota Statutes 2008, section 150A.11, subdivision 4, is amended to read:
106.26 		Subd. 4.Dividing fees. It shall be unlawful for any dentist to divide fees with or 
106.27 	promise to pay a part of the dentist's fee to, or to pay a commission to, any dentist or 
106.28 	other person who calls the dentist in consultation or who sends patients to the dentist for 
106.29 	treatment, or operation, but nothing herein shall prevent licensed dentists from forming 
106.30 	a bona fide partnership for the practice of dentistry, nor to the actual employment by 
106.31 	a licensed dentist of, a licensed oral health practitioner, a licensed dental hygienist or 
106.32 	another licensed dentist.

106.33 	Sec. 24. Minnesota Statutes 2008, section 150A.12, is amended to read:
106.34 	150A.12 VIOLATION AND DEFENSES.
107.1 	Every person who violates any of the provisions of sections 150A.01 to 150A.12
107.2 	for which no specific penalty is provided herein, shall be guilty of a gross misdemeanor; 
107.3 	and, upon conviction, punished by a fine of not more than $3,000 or by imprisonment in 
107.4 	the county jail for not more than one year or by both such fine and imprisonment. In 
107.5 	the prosecution of any person for violation of sections 150A.01 to 150A.12, it shall not 
107.6 	be necessary to allege or prove lack of a valid license to practice dentistry or, dental 
107.7 	hygiene, or as an oral health practitioner  but such matter shall be a matter of defense to 
107.8 	be established by the defendant.  

107.9 	Sec. 25. Minnesota Statutes 2008, section 150A.21, subdivision 1, is amended to read:
107.10 		Subdivision 1.Patient's name and Social Security number. Every complete 
107.11 	upper and lower denture and removable dental prosthesis fabricated by a dentist licensed 
107.12 	under section 150A.06, or fabricated pursuant to the dentist's or oral health practitioner's 
107.13 	work order, shall be marked with the name and Social Security number of the patient for 
107.14 	whom the prosthesis is intended. The markings shall be done during fabrication and shall 
107.15 	be permanent, legible and cosmetically acceptable. The exact location of the markings 
107.16 	and the methods used to apply or implant them shall be determined by the dentist, oral 
107.17 	health practitioner,  or dental laboratory fabricating the prosthesis. If in the professional 
107.18 	judgment of the dentist, oral health practitioner,  or dental laboratory, this identification is 
107.19 	not practicable, identification shall be provided as follows:  
107.20 	(a) The Social Security number of the patient may be omitted if the name of the 
107.21 	patient is shown;
107.22 	(b) The initials of the patient may be shown alone, if use of the name of the patient is 
107.23 	impracticable;
107.24 	(c) The identification marks may be omitted in their entirety if none of the forms of 
107.25 	identification specified in clauses (a) and (b) are practicable or clinically safe.

107.26 	Sec. 26. Minnesota Statutes 2008, section 150A.21, subdivision 4, is amended to read:
107.27 		Subd. 4.Failure to comply. Failure of any dentist or oral health practitioner to 
107.28 	comply with this section shall be deemed to be a violation for which the dentist or oral 
107.29 	health practitioner may be subject to proceedings pursuant to section 150A.08, provided 
107.30 	the dentist or oral health practitioner is charged with the violation within two years of 
107.31 	initial insertion of the dental prosthetic device.  

107.32 	Sec. 27. Minnesota Statutes 2008, section 151.01, subdivision 23, is amended to read:
108.1 		Subd. 23.Practitioner. "Practitioner" means a licensed doctor of medicine, licensed 
108.2 	doctor of osteopathy duly licensed to practice medicine, licensed doctor of dentistry, 
108.3 	licensed doctor of optometry, licensed podiatrist, or licensed veterinarian. For purposes 
108.4 	of sections 151.15, subdivision 4, 151.37, subdivision 2, paragraphs (b), (e), and (f), and 
108.5 	151.461, "practitioner" also means a physician assistant authorized to prescribe, dispense, 
108.6 	and administer under chapter 147A, or an advanced practice nurse authorized to prescribe, 
108.7 	dispense, and administer under section 148.235, or a licensed oral health practitioner 
108.8 	authorized to prescribe, dispense, and administer under chapter 150A.

108.9 	Sec. 28. Minnesota Statutes 2008, section 151.37, subdivision 2, is amended to read:
108.10 		Subd. 2.Prescribing and filing. (a) A licensed practitioner in the course of 
108.11 	professional practice only, may prescribe, administer, and dispense a legend drug, 
108.12 	and may cause the same to be administered by a nurse, a physician assistant, an oral 
108.13 	health practitioner, or medical student or resident under the practitioner's direction and 
108.14 	supervision, and may cause a person who is an appropriately certified, registered, or 
108.15 	licensed health care professional to prescribe, dispense, and administer the same within 
108.16 	the expressed legal scope of the person's practice as defined in Minnesota Statutes. A 
108.17 	licensed practitioner may prescribe a legend drug, without reference to a specific patient, 
108.18 	by directing a nurse, pursuant to section 148.235, subdivisions 8 and 9, an oral health 
108.19 	practitioner under chapter 150A, a physician assistant, or a medical student or resident to 
108.20 	adhere to a particular practice guideline or protocol when treating patients whose condition 
108.21 	falls within such guideline or protocol, and when such guideline or protocol specifies the 
108.22 	circumstances under which the legend drug is to be prescribed and administered. An 
108.23 	individual who verbally, electronically, or otherwise transmits a written, oral, or electronic 
108.24 	order, as an agent of a prescriber, shall not be deemed to have prescribed the legend drug. 
108.25 	This paragraph applies to a physician assistant only if the physician assistant meets the 
108.26 	requirements of section 147A.18.
108.27 	(b) A licensed practitioner that dispenses for profit a legend drug that is to be 
108.28 	administered orally, is ordinarily dispensed by a pharmacist, and is not a vaccine, must 
108.29 	file with the practitioner's licensing board a statement indicating that the practitioner 
108.30 	dispenses legend drugs for profit, the general circumstances under which the practitioner 
108.31 	dispenses for profit, and the types of legend drugs generally dispensed. It is unlawful to 
108.32 	dispense legend drugs for profit after July 31, 1990, unless the statement has been filed 
108.33 	with the appropriate licensing board. For purposes of this paragraph, "profit" means (1) 
108.34 	any amount received by the practitioner in excess of the acquisition cost of a legend drug 
108.35 	for legend drugs that are purchased in prepackaged form, or (2) any amount received 
109.1 	by the practitioner in excess of the acquisition cost of a legend drug plus the cost of 
109.2 	making the drug available if the legend drug requires compounding, packaging, or other 
109.3 	treatment. The statement filed under this paragraph is public data under section 13.03. 
109.4 	This paragraph does not apply to a licensed doctor of veterinary medicine or a registered 
109.5 	pharmacist. Any person other than a licensed practitioner with the authority to prescribe, 
109.6 	dispense, and administer a legend drug under paragraph (a) shall not dispense for profit. 
109.7 	To dispense for profit does not include dispensing by a community health clinic when the 
109.8 	profit from dispensing is used to meet operating expenses.
109.9 	(c) A prescription or drug order for the following drugs is not valid, unless it can be 
109.10 	established that the prescription or order was based on a documented patient evaluation, 
109.11 	including an examination, adequate to establish a diagnosis and identify underlying 
109.12 	conditions and contraindications to treatment:
109.13 	(1) controlled substance drugs listed in section 152.02, subdivisions 3 to 5;
109.14 	(2) drugs defined by the Board of Pharmacy as controlled substances under section 
109.15 	152.02, subdivisions 7, 8, and 12;
109.16 	(3) muscle relaxants;
109.17 	(4) centrally acting analgesics with opioid activity;
109.18 	(5) drugs containing butalbital; or
109.19 	(6) phoshodiesterase type 5 inhibitors when used to treat erectile dysfunction.
109.20 	(d) For the purposes of paragraph (c), the requirement for an examination shall be 
109.21 	met if an in-person examination has been completed in any of the following circumstances:
109.22 	(1) the prescribing practitioner examines the patient at the time the prescription 
109.23 	or drug order is issued;
109.24 	(2) the prescribing practitioner has performed a prior examination of the patient;
109.25 	(3) another prescribing practitioner practicing within the same group or clinic as the 
109.26 	prescribing practitioner has examined the patient;
109.27 	(4) a consulting practitioner to whom the prescribing practitioner has referred the 
109.28 	patient has examined the patient; or
109.29 	(5) the referring practitioner has performed an examination in the case of a 
109.30 	consultant practitioner issuing a prescription or drug order when providing services by 
109.31 	means of telemedicine.
109.32 	(e) Nothing in paragraph (c) or (d) prohibits a licensed practitioner from prescribing 
109.33 	a drug through the use of a guideline or protocol pursuant to paragraph (a).
109.34 	(f) Nothing in this chapter prohibits a licensed practitioner from issuing a 
109.35 	prescription or dispensing a legend drug in accordance with the Expedited Partner Therapy 
110.1 	in the Management of Sexually Transmitted Diseases guidance document issued by the 
110.2 	United States Centers for Disease Control.
110.3 	(g) Nothing in paragraph (c) or (d) limits prescription, administration, or dispensing 
110.4 	of legend drugs through a public health clinic or other distribution mechanism approved 
110.5 	by the commissioner of health or a board of health in order to prevent, mitigate, or treat 
110.6 	a pandemic illness, infectious disease outbreak, or intentional or accidental release of a 
110.7 	biological, chemical, or radiological agent.
110.8 	(h) No pharmacist employed by, under contract to, or working for a pharmacy 
110.9 	licensed under section 151.19, subdivision 1, may dispense a legend drug based on a 
110.10 	prescription that the pharmacist knows, or would reasonably be expected to know, is not 
110.11 	valid under paragraph (c).
110.12 	(i) No pharmacist employed by, under contract to, or working for a pharmacy 
110.13 	licensed under section 151.19, subdivision 2, may dispense a legend drug to a resident 
110.14 	of this state based on a prescription that the pharmacist knows, or would reasonably be 
110.15 	expected to know, is not valid under paragraph (c).

110.16 	Sec. 29. IMPACT OF ORAL HEALTH PRACTITIONERS.
 110.17 	(a) The Board of Dentistry shall evaluate the impact of the use of oral health 
110.18 	practitioners on the delivery of and access to dental services. The board shall report to the 
110.19 	chairs and ranking minority members of the legislative committees with jurisdiction over 
110.20 	health care by January 15, 2014:
110.21 	(1) the number of oral health practitioners annually licensed by the board beginning 
110.22 	in 2011;
110.23 	(2) the settings where licensed oral health practitioners are practicing and the 
110.24 	populations being served;
110.25 	(3) the number of complaints filed against oral health practitioners and the basis 
110.26 	for each complaint; and
110.27 	(4) the number of disciplinary actions taken against oral health practitioners.
110.28 	(b) The board, in consultation with the Department of Human Services, shall also 
110.29 	include the number and type of dental services that were performed by oral health 
110.30 	practitioners and reimbursed by the state under the Minnesota state health care programs 
110.31 	for the 2013 fiscal year.
110.32 	(c) The board, in consultation with the Department of Health, shall develop an 
110.33 	evaluation process that focuses on assessing the impact of oral health practitioners in 
110.34 	terms of patient safety, cost effectiveness, and access to dental services. The process shall 
110.35 	focus on the following outcome measures:
111.1 	(1) number of new patients served;
111.2 	(2) reduction in waiting times for needed services;
111.3 	(3) decreased travel time for patients;
111.4 	(4) impact on emergency room usage for dental care; and
111.5 	(5) costs to the public health care system.