SF 2571

Introduction - 94th Legislature (2025 - 2026)

Posted on 07/09/2025 08:49 a.m.

A bill for an act
relating to health-related licensing; modifying occupational therapy licensure and
application requirements; establishing fees; amending Minnesota Statutes 2024,
sections 144A.43, subdivision 15; 144G.08, subdivision 45; 148.6401; 148.6402,
subdivisions 1, 7, 8, 13, 14, 16, 16a, 19, 20, 23, 25, by adding subdivisions;
148.6403; 148.6404; 148.6405; 148.6408, subdivision 2, by adding a subdivision;
148.6410, subdivision 2, by adding a subdivision; 148.6412, subdivisions 2, 3;
148.6415; 148.6418; 148.6420, subdivision 1; 148.6423, subdivisions 1, 2, by
adding a subdivision; 148.6425, subdivision 2, by adding subdivisions; 148.6428;
148.6432, subdivisions 1, 2, 3, 4, by adding a subdivision; 148.6435; 148.6438;
148.6443, subdivisions 3, 4, 5, 6, 7, 8; 148.6445, by adding subdivisions; 148.6448,
subdivisions 1, 2, 4, 6; 148.6449, subdivisions 1, 2, 7; proposing coding for new
law in Minnesota Statutes, chapter 148; repealing Minnesota Statutes 2024, sections
148.6402, subdivision 22a; 148.6420, subdivisions 2, 3, 4; 148.6423, subdivisions
4, 5, 7, 8, 9; 148.6425, subdivision 3; 148.6430; 148.6445, subdivisions 5, 6, 8.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2024, section 144A.43, subdivision 15, is amended to read:

Subd. 15.

Occupational therapist.

"Occupational therapist" deleted text begin means a person who is
licensed under sections 148.6401 to 148.6449 deleted text end new text begin has the meaning given in section 148.6402,
subdivision 14 new text end .

Sec. 2.

Minnesota Statutes 2024, section 144G.08, subdivision 45, is amended to read:

Subd. 45.

Occupational therapist.

"Occupational therapist" deleted text begin means a person who is
licensed under sections 148.6401 to 148.6449 deleted text end new text begin has the meaning given in section 148.6402,
subdivision 14 new text end .

Sec. 3.

Minnesota Statutes 2024, section 148.6401, is amended to read:

148.6401 SCOPE.

Sections 148.6401 to deleted text begin 148.6449 deleted text end new text begin 148.645 new text end apply to persons who are applicants for licensure,
who are licensed, who use protected titles, or who represent that they are licensed as
deleted text begin occupational therapists or deleted text end occupational therapy deleted text begin assistants deleted text end new text begin practitioners new text end .

Sec. 4.

Minnesota Statutes 2024, section 148.6402, subdivision 1, is amended to read:

Subdivision 1.

Scope.

For the purpose of sections 148.6401 to deleted text begin 148.6449 deleted text end new text begin 148.645 new text end , the
following terms have the meanings given them.

Sec. 5.

Minnesota Statutes 2024, section 148.6402, is amended by adding a subdivision
to read:

new text begin Subd. 2a. new text end

new text begin Accreditation Council for Occupational Therapy Education or
ACOTE. new text end

new text begin "Accreditation Council for Occupational Therapy Education" or "ACOTE" means
the entity that accredits occupational therapy education programs in the United States and
its territories and establishes, approves, and administers educational standards ensuring
consistency across all occupational therapy education.
new text end

Sec. 6.

Minnesota Statutes 2024, section 148.6402, is amended by adding a subdivision
to read:

new text begin Subd. 5a. new text end

new text begin Continuing competence. new text end

new text begin "Continuing competence" means the process in
which an occupational therapy practitioner develops and maintains the knowledge, critical
reasoning, interpersonal skills, performance skills, and ethical practice necessary to perform
their occupational therapy responsibilities.
new text end

Sec. 7.

Minnesota Statutes 2024, section 148.6402, subdivision 7, is amended to read:

Subd. 7.

deleted text begin Credentialing deleted text end new text begin Certification new text end examination for occupational
therapist.

" deleted text begin Credentialing deleted text end new text begin Certification new text end examination for occupational therapist" means the
examination sponsored by the National Board for Certification in Occupational Therapy
for deleted text begin credentialing deleted text end new text begin certification new text end as deleted text begin an deleted text end new text begin a registered new text end occupational therapist deleted text begin , registered deleted text end .

Sec. 8.

Minnesota Statutes 2024, section 148.6402, subdivision 8, is amended to read:

Subd. 8.

deleted text begin Credentialing deleted text end new text begin Certification new text end examination for occupational therapy
assistant.

" deleted text begin Credentialing deleted text end new text begin Certification new text end examination for occupational therapy assistant"
means the examination sponsored by the National Board for Certification in Occupational
Therapy for deleted text begin credentialing deleted text end new text begin certification new text end as a certified occupational therapy assistant.

Sec. 9.

Minnesota Statutes 2024, section 148.6402, is amended by adding a subdivision
to read:

new text begin Subd. 12a. new text end

new text begin Face-to-face supervision. new text end

new text begin "Face-to-face supervision" means supervision
occurring between a supervisor and a supervisee within each other's sight or presence.
Face-to-face supervision includes real time audio and video communication where the
supervisor and supervisee can see each other and clearly visualize the services being provided.
new text end

Sec. 10.

Minnesota Statutes 2024, section 148.6402, subdivision 13, is amended to read:

Subd. 13.

Licensed health care professional.

"Licensed health care professional" means
a person licensed in good standing in Minnesota to practice medicine, osteopathic medicine,
chiropractic, podiatry, advanced practice registered nursing, deleted text begin or deleted text end dentistry, or deleted text begin is a person
registered deleted text end as a new text begin licensed new text end physician assistant in Minnesota.

Sec. 11.

Minnesota Statutes 2024, section 148.6402, is amended by adding a subdivision
to read:

new text begin Subd. 13a. new text end

new text begin National Board for Certification in Occupational Therapy or
NBCOT. new text end

new text begin "National Board for Certification in Occupational Therapy" or "NBCOT" means
the entity that administers the certification examination and provides initial and renewal
board certification for occupational therapy practitioners providing services in the United
States, or any successor entity performing the certification examination and initial and
renewal board certification.
new text end

Sec. 12.

Minnesota Statutes 2024, section 148.6402, subdivision 14, is amended to read:

Subd. 14.

Occupational therapist.

"Occupational therapist" means an individual deleted text begin who
meets the qualifications in sections 148.6401 to 148.6449 and is licensed by the board deleted text end new text begin
licensed to practice occupational therapy under sections 148.6401 to 148.645 who is
responsible for and directs the evaluation process, discharge planning process, development
of intervention plans, and provision of occupational therapy services new text end .

Sec. 13.

Minnesota Statutes 2024, section 148.6402, subdivision 16, is amended to read:

Subd. 16.

Occupational therapy assistant.

"Occupational therapy assistant" means an
individual deleted text begin who meets the qualifications for an occupational therapy assistant in sections
148.6401 to 148.6449 and is licensed by the board deleted text end new text begin licensed to assist in the practice of
occupational therapy under sections 148.6401 to 148.645 who works under the appropriate
supervision of and in partnership with an occupational therapist, unless exempted under
section 148.6432 new text end .

Sec. 14.

Minnesota Statutes 2024, section 148.6402, subdivision 16a, is amended to read:

Subd. 16a.

Occupational therapy practitioner.

"Occupational therapy practitioner"
means any individual licensed as either an occupational therapist or occupational therapy
assistant under sections 148.6401 to deleted text begin 148.6449 deleted text end new text begin 148.645 new text end .

Sec. 15.

Minnesota Statutes 2024, section 148.6402, subdivision 19, is amended to read:

Subd. 19.

License or licensed.

"License" or "licensed" means the act or status of a
natural person who meets the requirements of sections 148.6401 to deleted text begin 148.6449 deleted text end new text begin 148.645 new text end .

Sec. 16.

Minnesota Statutes 2024, section 148.6402, subdivision 20, is amended to read:

Subd. 20.

Licensee.

"Licensee" means a person who meets the requirements of sections
148.6401 to deleted text begin 148.6449 deleted text end new text begin 148.645 new text end .

Sec. 17.

Minnesota Statutes 2024, section 148.6402, subdivision 23, is amended to read:

Subd. 23.

Service competency.

(a) "Service competency" of an occupational therapy
assistant in performing evaluation tasks means the ability of an occupational therapy assistant
to obtain the same information as the supervising occupational therapist when evaluating
a client's function.

(b) "Service competency" of an occupational therapy assistant in performing treatment
procedures means the ability of an occupational therapy assistant to perform treatment
procedures in a manner such that the outcome, documentation, and follow-up are equivalent
to that which would have been achieved had the supervising occupational therapist performed
the treatment procedure.

(c) "Service competency" of an occupational therapist means the ability of an occupational
therapist to consistently perform an assessment task or intervention procedure with the level
of skill recognized as satisfactory within the deleted text begin appropriate acceptable prevailing practice deleted text end
new text begin national practice standards new text end of occupational therapy.

Sec. 18.

Minnesota Statutes 2024, section 148.6402, subdivision 25, is amended to read:

Subd. 25.

Temporary licensure.

"Temporary licensure" means a method of licensure
described in section 148.6418, by which an individual who (1) has completed an approved
or accredited education program but has not met the examination requirement; or (2)
possesses a credential from another jurisdiction or the National Board for Certification in
Occupational Therapy but who has not submitted the documentation required by section
148.6420 deleted text begin , subdivisions 3 and 4, deleted text end may qualify for Minnesota licensure for a limited time
period.

Sec. 19.

Minnesota Statutes 2024, section 148.6403, is amended to read:

148.6403 LICENSURE; PROTECTED TITLES AND RESTRICTIONS ON USE;
EXEMPT PERSONS; SANCTIONS.

Subdivision 1.

Unlicensed practice prohibited.

A person must not engage in the practice
of occupational therapy unless the person is licensed as an occupational therapy practitioner
in accordance with sections 148.6401 to deleted text begin 148.6449 deleted text end new text begin 148.645 new text end .

Subd. 2.

Protected titles and restrictions on use.

Use of the phrase "occupational
therapy new text begin , new text end " deleted text begin or deleted text end "occupational therapist," new text begin or "occupational therapy assistant," new text end or the initials
"OT" new text begin or "OTA" new text end alone or in combination with any other words or initials to form an
occupational title, or to indicate or imply that the person is licensed by the state as an
occupational therapist or occupational therapy assistant, is prohibited unless that person is
licensed under sections 148.6401 to deleted text begin 148.6449 deleted text end new text begin 148.645 new text end .

Subd. 3.

Use of "Minnesota licensed."

Use of the term "Minnesota licensed" in
conjunction with titles protected under this section by any person is prohibited unless that
person is licensed under sections 148.6401 to deleted text begin 148.6449 deleted text end new text begin 148.645 new text end .

Subd. 4.

Persons licensed or certified in other states.

A person who is licensed in
Minnesota and licensed or certified in another state may use the designation "licensed" or
"certified" with a protected title only if the deleted text begin state deleted text end new text begin jurisdiction new text end of licensure or certification is
clearly indicated.

Subd. 5.

Exempt persons.

This section does not apply to:

(1) a person employed as an occupational therapy practitioner by the government of the
United States or any agency of it. However, use of the protected titles under those
circumstances is allowed only in connection with performance of official duties for the
federal government;

(2) a student participating in supervised fieldwork or supervised coursework that is
necessary to meet the requirements of section 148.6408, subdivision 1, or 148.6410,
subdivision 1, if the person is designated by a title which clearly indicates the person's status
as a student trainee. Any use of the protected titles under these circumstances is allowed
only while the person is performing the duties of the supervised fieldwork or supervised
coursework; deleted text begin or
deleted text end

deleted text begin (3) a person visiting and then leaving the state and performing occupational therapy
services while in the state, if the services are performed no more than 30 days in a calendar
year as part of a professional activity that is limited in scope and duration and is in association
with an occupational therapist licensed under sections 148.6401 to 148.6449, and
deleted text end

deleted text begin (i) the deleted text end new text begin (3) a new text end person new text begin who new text end is credentialed under the law of another state deleted text begin which deleted text end new text begin that new text end has
credentialing requirements at least as stringent as the requirements of sections 148.6401 to
deleted text begin 148.6449 deleted text end new text begin 148.645 new text end ; or

deleted text begin (ii) the deleted text end new text begin (4) a new text end person new text begin who new text end meets the requirements for certification as an occupational
therapist registered (OTR) or a certified occupational therapy assistant (COTA), established
by the National Board for Certification in Occupational Therapy deleted text begin . deleted text end new text begin ; or
new text end

new text begin (5) an occupational therapy practitioner who possesses an active compact privilege under
section 148.645.
new text end

Subd. 6.

Sanctions.

A person who practices occupational therapy or holds out as an
occupational therapy practitioner by or through the use of any title described in subdivision
2 without prior licensure according to sections 148.6401 to deleted text begin 148.6449 deleted text end new text begin 148.645 new text end is subject to
sanctions or action against continuing the activity according to section 148.6448, chapter
214, or other statutory authority.

Subd. 7.

Exemption.

Nothing in sections 148.6401 to deleted text begin 148.6449 deleted text end new text begin 148.645 new text end shall prohibit
the practice of any profession or occupation licensed or registered by the state by any person
duly licensed or registered to practice the profession or occupation or to perform any act
that falls within the scope of practice of the profession or occupation.

Sec. 20.

Minnesota Statutes 2024, section 148.6404, is amended to read:

148.6404 SCOPE OF PRACTICE.

(a) The practice of occupational therapy means the therapeutic use of everyday deleted text begin activities deleted text end
new text begin life occupations new text end with individuals deleted text begin or deleted text end new text begin , new text end groups new text begin , or populations new text end for the purpose of enhancing
or enabling participation new text begin in those occupations new text end . deleted text begin It is the promotion of deleted text end new text begin The practice of
occupational therapy promotes new text end health and well-being through the use of occupational therapy
services that includes screening, evaluation, intervention, and consultation to develop,
recover, and maintain a client's:

(1) sensory integrative, neuromuscular, motor, emotional, motivational, cognitive, or
psychosocial components of performance;

(2) daily living skills;

(3) feeding and swallowing skills;

(4) play and leisure skills;

(5) educational participation skills;

(6) functional performance and work participation skills;

(7) community mobility; and

(8) health and wellness.

(b) Occupational therapy services include but are not limited to:

(1) designing, fabricating, or applying rehabilitative technology, such as selected orthotic
and prosthetic devices, and providing training in the functional use of these devices;

(2) designing, fabricating, or adapting assistive technology and providing training in the
functional use of assistive devices;

(3) adapting environments using assistive technology such as environmental controls,
wheelchair modifications, and positioning; deleted text begin and
deleted text end

(4) deleted text begin employing deleted text end new text begin applying new text end physical agent new text begin , manual, and mechanical new text end modalities in preparation
for or as an adjunct to purposeful activity to meet established functional occupational therapy
goals new text begin ; and
new text end

new text begin (5) educating and training individuals including family, caregivers, groups, and
populations new text end .

(c) Occupational therapy services must be based on nationally established standards of
practice.

Sec. 21.

Minnesota Statutes 2024, section 148.6405, is amended to read:

148.6405 LICENSURE APPLICATION REQUIREMENTS: PROCEDURES AND
QUALIFICATIONS.

(a) An applicant for licensure must comply with the application requirements in section
148.6420. To qualify for licensure, an applicant must satisfy one of the requirements in
deleted text begin paragraphs (b) to (f) deleted text end new text begin section 148.6408 to 148.6415, or 148.645 new text end and not be subject to denial
of licensure under section 148.6448.

deleted text begin (b) A person who applies for licensure as an occupational therapist and who has not
been credentialed by the National Board for Certification in Occupational Therapy or another
jurisdiction must meet the requirements in section 148.6408.
deleted text end

deleted text begin (c) A person who applies for licensure as an occupational therapy assistant and who has
not been credentialed by the National Board for Certification in Occupational Therapy or
another jurisdiction must meet the requirements in section 148.6410.
deleted text end

deleted text begin (d) A person who is certified by the National Board for Certification in Occupational
Therapy may apply for licensure by equivalency and must meet the requirements in section
148.6412.
deleted text end

deleted text begin (e) A person who is credentialed in another jurisdiction and who was previously certified
by the National Board for Certification in Occupational Therapy may apply for licensure
by reciprocity and must meet the requirements in section 148.6415.
deleted text end

deleted text begin (f) deleted text end new text begin (b) new text end A person who applies for temporary licensure must meet the requirements in
section 148.6418.

new text begin (c) A person who applies for licensure under section 148.6408 or 148.6410 more than
two years after the person's initial NBCOT certification was issued and who has not practiced
in any jurisdiction must submit:
new text end

new text begin (1) a completed and signed application for licensure on forms provided by the board
that meet the requirements of section 148.6420, subdivision 1, paragraph (a), clauses (1)
and (2); and
new text end

new text begin (2) proof of a minimum of 24 continuing education contact hours by an occupational
therapist applicant, or a minimum of 18 hours by an occupational therapy assistant applicant,
completed within the two years proceeding the application and meeting the requirements
of section 148.6443.
new text end

deleted text begin (g) deleted text end new text begin (d) new text end A person who applies for licensure under deleted text begin paragraph (b), (c), or (f) more than two
and less than four years after meeting the examination requirements in section 148.6408,
subdivision 2, or 148.6410, subdivision 2, deleted text end new text begin section 148.6408 or 148.6410 after the person's
initial NBCOT certification has expired new text end must submit deleted text begin the following deleted text end :

(1) a completed and signed application for licensure on forms provided by the board new text begin
that meet the requirements of section 148.6420, subdivision 1, paragraph (a), clauses (1)
and (2) new text end ; new text begin and
new text end

(2) deleted text begin the license application fee required under section 148.6445; deleted text end new text begin evidence of:
new text end

new text begin (i) completion of an occupational therapy refresher program that contains both theoretical
and clinical components completed within the last year; or
new text end

new text begin (ii) current NBCOT certification.
new text end

deleted text begin (3) if applying for occupational therapist licensure, proof of having met a minimum of
24 contact hours of continuing education in the two years preceding licensure application,
or if applying for occupational therapy assistant licensure, proof of having met a minimum
of 18 contact hours of continuing education in the two years preceding licensure application;
deleted text end

deleted text begin (4) verified documentation of successful completion of 160 hours of supervised practice
approved by the board under a limited license specified in section 148.6425, subdivision 3,
paragraph (c); and
deleted text end

deleted text begin (5) additional information as requested by the board to clarify information in the
application, including information to determine whether the individual has engaged in
conduct warranting disciplinary action under section 148.6448. The information must be
submitted within 30 calendar days from the date of the board's request.
deleted text end

deleted text begin (h) A person who applies for licensure under paragraph (b), (c), or (f) four years or more
after meeting the examination requirements in section 148.6408, subdivision 2, or 148.6410,
subdivision 2, must:
deleted text end

deleted text begin (1) meet all the requirements in paragraph (g) except clauses (3) and (4);
deleted text end

deleted text begin (2) submit documentation of having retaken and achieved a qualifying score on the
credentialing examination for occupational therapists or occupational therapy assistants, or
of having completed an occupational therapy refresher program that contains both a
theoretical and clinical component approved by the board; and
deleted text end

deleted text begin (3) submit verified documentation of successful completion of 480 hours of supervised
practice approved by the board under a limited license specified in section 148.6425,
subdivision 3, paragraph (c). The 480 hours of supervised practice must be completed in
six months and may be completed at the applicant's place of work. Only refresher courses
completed within one year prior to the date of application qualify for approval.
deleted text end

Sec. 22.

Minnesota Statutes 2024, section 148.6408, is amended by adding a subdivision
to read:

new text begin Subd. 1a. new text end

new text begin Qualifications. new text end

new text begin To be licensed as an occupational therapist, an applicant must:
new text end

new text begin (1) satisfy the education and examination requirements of subdivisions 1b and 2; or
new text end

new text begin (2) satisfy the requirements for licensure by equivalency under section 148.6412 or
licensure by reciprocity under section 148.6415 as applicable based on the current status of
the applicant's NBCOT certification.
new text end

Sec. 23.

Minnesota Statutes 2024, section 148.6408, subdivision 2, is amended to read:

Subd. 2.

Qualifying examination score required.

(a) An applicant must achieve a
qualifying score on the deleted text begin credentialing deleted text end new text begin certification new text end examination for occupational therapist.

(b) The board shall determine the qualifying score for the deleted text begin credentialing deleted text end new text begin certification new text end
examination for occupational therapist deleted text begin . In determining the qualifying score, the board shall
consider the cut score deleted text end new text begin as new text end recommended by the National Board for Certification in
Occupational Therapy, or other national deleted text begin credentialing deleted text end new text begin certification new text end organization approved
by the board deleted text begin , using the modified Angoff method for determining cut score or another method
for determining cut score that is recognized as appropriate and acceptable by industry
standards deleted text end .

(c) deleted text begin The applicant is responsible for deleted text end new text begin Applicants for licensure must new text end :

(1) deleted text begin making deleted text end new text begin make new text end arrangements to take the deleted text begin credentialing deleted text end new text begin certification new text end examination for
new text begin an new text end occupational therapist;

(2) deleted text begin bearing deleted text end new text begin bear new text end all expenses associated with taking the examination; and

(3) deleted text begin having the examination scores sent directly to the board from the testing service that
administers the examination deleted text end new text begin submit an application and other materials as required by the
board under section 148.6420 new text end .

Sec. 24.

Minnesota Statutes 2024, section 148.6410, is amended by adding a subdivision
to read:

new text begin Subd. 1a. new text end

new text begin Qualifications. new text end

new text begin To be licensed as an occupational therapist, an applicant must:
new text end

new text begin (1) satisfy the education and examination requirements of subdivisions 1b and 2; or
new text end

new text begin (2) satisfy the requirements for licensure by equivalency under section 148.6412 or
licensure by reciprocity under section 148.6415 as applicable based on the current status of
the applicant's NBCOT certification.
new text end

Sec. 25.

Minnesota Statutes 2024, section 148.6410, subdivision 2, is amended to read:

Subd. 2.

Qualifying examination score required.

(a) An applicant for licensure must
achieve a qualifying score on the deleted text begin credentialing deleted text end new text begin certification new text end examination for occupational
therapy assistants.

(b) The board shall determine the qualifying score for the deleted text begin credentialing deleted text end new text begin certification new text end
examination for occupational therapy assistants deleted text begin . In determining the qualifying score, the
board shall consider the cut score deleted text end new text begin as new text end recommended by the National Board for Certification
in Occupational Therapy, or other national deleted text begin credentialing deleted text end new text begin certification new text end organization approved
by the board deleted text begin , using the modified Angoff method for determining cut score or another method
for determining cut score that is recognized as appropriate and acceptable by industry
standards deleted text end .

(c) deleted text begin The applicant is responsible for deleted text end new text begin Applicants for licensure must new text end :

(1) deleted text begin making deleted text end new text begin make new text end all arrangements to take the deleted text begin credentialing deleted text end new text begin certification new text end examination
for occupational therapy assistants;

(2) deleted text begin bearing deleted text end new text begin bear new text end all expense associated with taking the examination; and

(3) deleted text begin having the examination scores sent directly to the board from the testing service that
administers the examination deleted text end new text begin submit an application and other materials as required by the
board under section 148.6420 new text end .

Sec. 26.

Minnesota Statutes 2024, section 148.6412, subdivision 2, is amended to read:

Subd. 2.

Persons new text begin currently new text end certified by deleted text begin National Board for Certification in
Occupational Therapy deleted text end new text begin NBCOT new text end .

The board may license any person deleted text begin certified by the National
Board for Certification in Occupational Therapy deleted text end new text begin who holds current NBCOT certification new text end
as an occupational deleted text begin therapist if the board determines the requirements for certification are
equivalent to or exceed the requirements for licensure as an occupational therapist under
section 148.6408 deleted text end new text begin therapy practitioner new text end . deleted text begin The board may license any person certified by the
National Board for Certification in Occupational Therapy as an occupational therapy assistant
if the board determines the requirements for certification are equivalent to or exceed the
requirements for licensure as an occupational therapy assistant under section 148.6410. deleted text end
Nothing in this section limits the board's authority to deny licensure based upon the grounds
for discipline in sections 148.6401 to deleted text begin 148.6449 deleted text end new text begin 148.645 new text end .

Sec. 27.

Minnesota Statutes 2024, section 148.6412, subdivision 3, is amended to read:

Subd. 3.

Application procedures.

Applicants for licensure by equivalency must provide deleted text begin :
deleted text end

deleted text begin (1) deleted text end the application materials as required by section 148.6420, deleted text begin subdivisions deleted text end new text begin subdivision new text end
1 deleted text begin , 3, and 4 deleted text end deleted text begin ; and deleted text end new text begin .
new text end

deleted text begin (2) the fees required by section 148.6445.
deleted text end

Sec. 28.

Minnesota Statutes 2024, section 148.6415, is amended to read:

148.6415 LICENSURE BY RECIPROCITY.

deleted text begin A person who is not certified by the National Board for Certification in Occupational
Therapy deleted text end new text begin The board may license any person who does not hold current NBCOT certification new text end
but who holds a new text begin compact privilege or a new text end current credential as an occupational deleted text begin therapist deleted text end new text begin therapy
practitioner new text end in the District of Columbia or a state or territory of the United States whose
standards for credentialing are determined by the board to be equivalent to or exceed the
requirements for licensure under section 148.6408 deleted text begin may be eligible for licensure by reciprocity
as an occupational therapist. A person who is not certified by the National Board for
Certification in Occupational Therapy but who holds a current credential as an occupational
therapy assistant in the District of Columbia or a state or territory of the United States whose
standards for credentialing are determined by the board to be equivalent to or exceed the
requirements for licensure under section 148.6410 may be eligible for licensure by reciprocity
as an occupational therapy assistant. deleted text end new text begin or 148.6410 as an occupational therapy practitioner. new text end
Nothing in this section limits the board's authority to deny licensure based upon the grounds
for discipline in sections 148.6401 to deleted text begin 148.6449 deleted text end new text begin 148.645 new text end . An applicant must provide:

(1) the application materials as required by section 148.6420, deleted text begin subdivisions deleted text end new text begin subdivision new text end
1 deleted text begin , 3, and 4 deleted text end ; new text begin and
new text end

deleted text begin (2) the fees required by section 148.6445;
deleted text end

deleted text begin (3) a copy of a current and unrestricted credential for the practice of occupational therapy
as either an occupational therapist or occupational therapy assistant;
deleted text end

deleted text begin (4) a letter from the jurisdiction that issued the credential describing the applicant's
qualifications that entitled the applicant to receive the credential; and
deleted text end

deleted text begin (5) deleted text end new text begin (2) new text end other information necessary to determine whether the credentialing standards of
the jurisdiction that issued the credential are equivalent to or exceed the requirements for
licensure under sections 148.6401 to deleted text begin 148.6449 deleted text end new text begin 148.645 new text end .

Sec. 29.

Minnesota Statutes 2024, section 148.6418, is amended to read:

148.6418 TEMPORARY LICENSURE.

Subdivision 1.

Application.

The board shall issue temporary licensure as an occupational
deleted text begin therapist or occupational deleted text end therapy deleted text begin assistant deleted text end new text begin practitioner new text end to applicants who are not the subject
of a disciplinary action or past disciplinary action, nor disqualified on the basis of items
listed in section 148.6448, subdivision 1.

Subd. 2.

Procedures.

To be eligible for temporary licensure, an applicant must submit
a completed application for temporary licensure on forms provided by the board, the fees
required by section 148.6445, and one of the following:

(1) evidence of successful completion of the requirements in section 148.6408,
subdivision 1, or 148.6410, subdivision 1;

(2) a copy of a current and unrestricted credential for the practice of occupational therapy
as deleted text begin either deleted text end an occupational deleted text begin therapist or occupational deleted text end therapy deleted text begin assistant deleted text end new text begin practitioner new text end in another
jurisdiction; or

(3) a copy of a current and unrestricted deleted text begin certificate deleted text end new text begin certification new text end from the National Board
for Certification in Occupational Therapy stating that the applicant is certified as an
occupational deleted text begin therapist or occupational deleted text end therapy deleted text begin assistant deleted text end new text begin practitioner new text end .

Subd. 3.

Additional documentation.

Persons who are deleted text begin credentialed deleted text end new text begin certified new text end by the
National Board for Certification in Occupational Therapy or new text begin credentialed by new text end another
jurisdiction must provide deleted text begin an affidavit deleted text end new text begin a statement new text end with the application for temporary licensure
stating that they are not the subject of a pending investigation or disciplinary action and
have not been the subject of a disciplinary action in the past.

Subd. 4.

Supervision required.

An applicant who has graduated from an accredited
occupational therapy program, as required by section 148.6408, subdivision 1, or 148.6410,
subdivision 1, and who has not passed the examination required by section 148.6408,
subdivision 2, or 148.6410, subdivision 2, must practice under the supervision of a licensed
occupational therapist. The supervising therapist must, at a minimum, supervise the person
working under temporary licensure in the performance of the initial evaluation, determination
of the appropriate intervention plan, and periodic review and modification of the intervention
plan. The supervising therapist must observe the person working under temporary licensure
in order to ensure service competency in carrying out evaluation, intervention planning,
and intervention implementation. The frequency of face-to-face collaboration between the
person working under temporary licensure and the supervising therapist must be based on
the condition of each patient or client, the complexity of intervention and evaluation
procedures, and the proficiencies of the person practicing under temporary licensure.
Following demonstrated service competency of the applicant, supervision must occur no
less than every ten intervention days or every 30 calendar days, whichever occurs first. The
occupational deleted text begin therapist or occupational deleted text end therapy deleted text begin assistant deleted text end new text begin practitioner new text end working under temporary
licensure must provide verification of supervision on the application form provided by the
board. new text begin Supervising occupational therapists must have a minimum of six months of fully
licensed practice to supervise a temporary licensee. The occupational therapy practitioner
working under temporary licensure must notify the board before changing supervision.
new text end

Subd. 5.

Qualifying examination requirement; expiration and renewability.

(a) A
person issued a temporary license pursuant to subdivision 2, clause (1), must demonstrate
to the board within the temporary licensure period successful completion of the qualifying
examination requirement under section 148.6408, subdivision 2, or section 148.6410,
subdivision 2. A temporary license holder who fails the qualifying examination for a second
time shall have their temporary license revoked effective upon notification to the temporary
license holder of the examination score. It is the temporary license holder's obligation to
submit to the board their qualifying examination scores and to refrain from practice if their
temporary license is revoked. Failure to do so subjects the temporary license holder to
disciplinary action pursuant to section 148.6448, subdivision 1, clause deleted text begin (5) deleted text end new text begin (6) new text end . new text begin The board
must not issue a temporary license to a person with two or more certification examination
failures.
new text end

(b) A temporary license expires six months from the date of issuance or on the date the
board grants or denies licensure, whichever occurs first.

(c) A temporary license is not renewable.

Sec. 30.

Minnesota Statutes 2024, section 148.6420, subdivision 1, is amended to read:

Subdivision 1.

Applications for new text begin initial new text end licensure.

new text begin (a) new text end An applicant for new text begin initial new text end licensure
must:

(1) submit a completed application for licensure on forms provided by the board and
must supply deleted text begin the deleted text end new text begin all new text end information new text begin and documentation new text end requested on the application, including:

(i) the applicant's name, business address and business telephone number, deleted text begin business
setting, deleted text end primary email address, and deleted text begin daytime deleted text end new text begin home or mobile new text end telephone number;

deleted text begin (ii) the name and location of the occupational therapy program the applicant completed;
deleted text end

deleted text begin (iii) deleted text end new text begin (ii) new text end a description of the applicant's education and training, including new text begin the name and
location of the occupational therapy program the applicant completed and new text end a list of deleted text begin degrees
received from deleted text end new text begin all other new text end educational institutions new text begin attended new text end ;

deleted text begin (iv) deleted text end new text begin (iii) new text end the applicant's work history for the six years preceding the application;

deleted text begin (v) deleted text end new text begin (iv) new text end a list of all credentials currently and previously held in Minnesota and other
jurisdictions;

deleted text begin (vi) deleted text end new text begin (v) new text end a description of any jurisdiction's refusal to credential the applicant;

deleted text begin (vii) deleted text end new text begin (vi) new text end a description of all professional disciplinary actions initiated against the applicant
in any jurisdiction;

deleted text begin (viii) deleted text end new text begin (vii) new text end information on any physical or mental condition or substance use disorder
that impairs the person's ability to engage in the practice of occupational therapy with
reasonable judgment or safety;

deleted text begin (ix) deleted text end new text begin (viii) new text end a description of any misdemeanor or felony deleted text begin conviction that relates to honesty
or to the practice of occupational therapy deleted text end new text begin charges or convictions new text end ; deleted text begin and
deleted text end

deleted text begin (x) deleted text end new text begin (ix) new text end a description of any state or federal court order, including a conciliation court
judgment or a disciplinary order, related to the individual's occupational therapy practice;

deleted text begin (2) submit with the application all fees required by section 148.6445;
deleted text end

deleted text begin (3) sign a statement that the information in the application is true and correct to the best
of the applicant's knowledge and belief;
deleted text end

deleted text begin (4) sign a waiver authorizing the board to obtain access to the applicant's records in this
or any other state in which the applicant holds or previously held a credential for the practice
of an occupation, has completed an accredited occupational therapy education program, or
engaged in the practice of occupational therapy;
deleted text end

new text begin (x) any legal information required under chapter 214;
new text end

new text begin (xi) either documentation to demonstrate the completion of the required education and
examination requirements under section 148.6408, subdivisions 1b and 2, or 148.6410,
subdivisions 1b and 2; for applicants for licensure by equivalency under section 148.6412,
documentation of current NBCOT certification; or for applicants for licensure by reciprocity
under section 148.6415, documentation submitted directly by the appropriate commission
or government body verifying the license or credential, or verification from the Compact
Commission of the applicant's practice status in Compact Commission states;
new text end

new text begin (xii) all application fees required by section 148.6445;
new text end

new text begin (xiii) evidence of completing a criminal background check according to section 214.075;
and
new text end

new text begin (xiv) a signed statement affirming that the information in the application is true and
correct to the best of the applicant's knowledge and belief;
new text end

deleted text begin (5) deleted text end new text begin (2) new text end submit additional information as requested by the board; and

deleted text begin (6) deleted text end new text begin (3) new text end submit deleted text begin the deleted text end new text begin any new text end additional information required for licensure by equivalency,
licensure by reciprocity, new text begin licensure by compact privilege, new text end and temporary licensure as specified
in sections 148.6408 to 148.6418 deleted text begin . deleted text end new text begin and 148.645. An applicant applying under section 148.6418
is exempt from providing documentation related to a criminal background check under
clause (1), item (xiii). An applicant applying under section 148.6418, subdivision 4, is
exempt from providing documentation related to previously held licenses or credentials
under clause (1), item (iv).
new text end

new text begin (b) The board must not verify the status of an applicant under paragraph (a), clause (1),
item (xi), by using another jurisdiction's publicly available website unless the other
jurisdiction fails to provide the requested documentation after the applicant provides
documentation of making the request.
new text end

Sec. 31.

Minnesota Statutes 2024, section 148.6423, subdivision 1, is amended to read:

Subdivision 1.

Renewal requirements.

To be eligible for licensure renewal, a licensee
must:

(1) submit a completed and signed application for licensure renewal deleted text begin ; deleted text end new text begin on forms provided
by the board, including:
new text end

new text begin (i) updated personal information, including the renewal applicant's name, business
address and business telephone number, primary email address, and home or mobile telephone
number;
new text end

new text begin (ii) information regarding any change to the renewal applicant's responses to section
148.6420, subdivision 1, paragraph (a), clause (1), items (v) to (ix);
new text end

new text begin (iii) a signed statement affirming that the information in the renewal application is true
and correct to the best of the applicant's knowledge and belief; and
new text end

new text begin (iv) any legal information required under chapter 214;
new text end

(2) submit the renewal fee required under section 148.6445;

(3) new text begin if audited, new text end submit proof of having met the continuing education requirement of section
148.6443; and

(4) submit additional information as requested by the board to clarify information
presented in the renewal application. The information must be submitted within 30 calendar
days of the board's request.

Sec. 32.

Minnesota Statutes 2024, section 148.6423, is amended by adding a subdivision
to read:

new text begin Subd. 1a. new text end

new text begin License period. new text end

new text begin Following the initial license period, a license period begins
on the first day of the month after the licensee's birth month and must be renewed biennially.
new text end

Sec. 33.

Minnesota Statutes 2024, section 148.6423, subdivision 2, is amended to read:

Subd. 2.

Renewal deadline.

(a) Except as provided in paragraph (c), licenses must be
renewed every two years new text begin on or before the first day of the month after the licensee's birth
month new text end . Licensees must comply with the following procedures in paragraphs (b) to (e).

(b) Each license must state an expiration date. An application for licensure renewal must
be received by the board deleted text begin at least 30 calendar days deleted text end new text begin on or new text end before the expiration date.

(c) If the board changes the renewal schedule and the expiration date is less than two
years, the fee and the continuing education contact hours to be reported at the next renewal
must be prorated.

(d) An application for licensure renewal not received within the time required under
paragraph (b) deleted text begin , but received on or before the expiration date, deleted text end must be accompanied by a late
fee in addition to the renewal fee specified by section 148.6445.

(e) Licensure renewals received after the expiration date must comply with the
requirements of section 148.6425.

Sec. 34.

Minnesota Statutes 2024, section 148.6425, subdivision 2, is amended to read:

Subd. 2.

Licensure renewal new text begin within one year new text end after licensure expiration date.

A licensee
whose application for licensure renewal is received after the licensure expiration date new text begin but
within one year of the expiration date new text end must submit the following:

(1) a completed and signed new text begin renewal new text end application for licensure following lapse in licensed
status deleted text begin ; deleted text end new text begin on forms provided by the board, including:
new text end

new text begin (i) updated personal information, including the renewal applicant's name, business
address and business telephone number, primary email address, and home or mobile telephone
number;
new text end

new text begin (ii) information regarding any change to the renewal applicant's responses to section
148.6420, subdivision 1, paragraph (a), clause (1), items (v) to (ix);
new text end

new text begin (iii) a signed statement affirming that the information in the renewal application is true
and correct to the best of the applicant's knowledge and belief;
new text end

new text begin (iv) information regarding any change to the renewal applicant's responses to section
148.6420, subdivision 1, paragraph (a), clause (1), item (xi);
new text end

new text begin (v) NBCOT verification of certification documentation; and
new text end

new text begin (vi) any legal information required under chapter 214;
new text end

(2) the renewal fee and the late fee required under section 148.6445;

(3) proof of having met the continuing education requirements in section 148.6443 deleted text begin ,
subdivision 1 deleted text end ; deleted text begin and
deleted text end

new text begin (4) an employment verification form; and
new text end

deleted text begin (4) deleted text end new text begin (5) new text end additional information as requested by the board to clarify information in the
application, including information to determine whether the licensee has engaged in conduct
warranting disciplinary action as set forth in section 148.6448. The information must be
submitted within 30 calendar days from the date of the board's request.

Sec. 35.

Minnesota Statutes 2024, section 148.6425, is amended by adding a subdivision
to read:

new text begin Subd. 4. new text end

new text begin Licensure renewal within two years after license expiration date. new text end

new text begin A licensee
whose application for license renewal is received more than one year but less than two years
after the expiration date must submit the following:
new text end

new text begin (1) a completed and signed renewal application for licensure following lapse in licensed
status on forms provided by the board, including all information listed in subdivision 2,
clause (1);
new text end

new text begin (2) the renewal fee and the late fee required under section 148.6445;
new text end

new text begin (3) proof of having met the continuing education requirements in section 148.6443;
new text end

new text begin (4) an employment verification form;
new text end

new text begin (5) evidence of completion of a criminal background check as required under section
214.075 and the associated fee; and
new text end

new text begin (6) additional information as requested by the board to clarify information in the
application, including information to determine whether the licensee has engaged in conduct
warranting disciplinary action as set forth in section 148.6448. The information must be
submitted within 30 calendar days from the date of the board's request.
new text end

Sec. 36.

Minnesota Statutes 2024, section 148.6425, is amended by adding a subdivision
to read:

new text begin Subd. 5. new text end

new text begin Expiration due to nonrenewal after two years. new text end

new text begin The board shall not renew,
reissue, reinstate, or restore a license that is not subject to a pending review, investigation,
or disciplinary action and has not been renewed within one biennial renewal cycle of the
license expiration. An individual whose license has expired under this subdivision for
nonrenewal must obtain a new license by applying for licensure and fulfilling all requirements
then in existence for an initial license to practice occupational therapy in Minnesota.
new text end

Sec. 37.

Minnesota Statutes 2024, section 148.6428, is amended to read:

148.6428 CHANGE OF CONTACT INFORMATION OR EMPLOYMENT.

A licensee who changes a name, primary email address, address, employment, business
address, or business telephone number must inform the board of the change deleted text begin of name, primary
email address, address, employment, business address, or business telephone number deleted text end within
30 calendar days from the effective date of the change. A change in name must be
accompanied by a copy of a marriage certificate new text begin , government-issued identification card,
Social Security card, new text end or court order. All notices or other correspondence served on a licensee
by the board at the licensee's contact information on file with the board must be considered
as having been received by the licensee.

Sec. 38.

new text begin [148.6431] JURISPRUDENCE EXAMINATION.
new text end

new text begin The board may require occupational therapy practitioners to take an open-book
jurisprudence examination on state laws and rules regarding the practice of occupational
therapy and occupational therapy assisting.
new text end

Sec. 39.

Minnesota Statutes 2024, section 148.6432, subdivision 1, is amended to read:

Subdivision 1.

Applicability.

If the professional standards identified in deleted text begin section 148.6430 deleted text end new text begin
subdivision 1a new text end permit an occupational therapist to delegate an evaluation, reevaluation, or
treatment procedure, the occupational therapist must provide supervision consistent with
this section.

Sec. 40.

Minnesota Statutes 2024, section 148.6432, is amended by adding a subdivision
to read:

new text begin Subd. 1a. new text end

new text begin Delegation of duties. new text end

new text begin (a) The occupational therapist may delegate to an
occupational therapy assistant those portions of the client's evaluation, reevaluation, and
intervention that, according to prevailing national practice standards, can be performed by
an occupational therapy assistant.
new text end

new text begin (b) The occupational therapist is responsible for all duties delegated to the occupational
therapy assistant.
new text end

new text begin (c) The occupational therapist may not delegate portions of an evaluation or reevaluation
of a person whose condition is changing rapidly.
new text end

Sec. 41.

Minnesota Statutes 2024, section 148.6432, subdivision 2, is amended to read:

Subd. 2.

Evaluations.

The occupational therapist shall determine the frequency of
evaluations and reevaluations for each client. The occupational therapy assistant shall inform
the occupational therapist of the need for more frequent reevaluation if indicated by the
client's condition or response to treatment. Before delegating a portion of a client's evaluation
pursuant to deleted text begin section 148.6430 deleted text end new text begin subdivision 1a new text end , the occupational therapist shall ensure the
service competency of the occupational therapy assistant in performing the evaluation
procedure and shall provide supervision consistent with the condition of the patient or client
and the complexity of the evaluation procedure.

Sec. 42.

Minnesota Statutes 2024, section 148.6432, subdivision 3, is amended to read:

Subd. 3.

Intervention.

(a) The occupational therapist must determine the frequency and
manner of supervision of an occupational therapy assistant performing intervention
procedures delegated pursuant to deleted text begin section 148.6430 deleted text end new text begin subdivision 1a new text end based on the condition
of the patient or client, the complexity of the intervention procedure, and the service
competency of the occupational therapy assistant.

(b) Face-to-face collaboration between the occupational therapist and the occupational
therapy assistant must occur new text begin for all clients new text end every ten intervention days or every 30 days,
whichever comes first, during which time the occupational therapist is responsible for:

(1) planning and documenting an initial intervention plan and discharge from
interventions;

(2) reviewing intervention goals, therapy programs, and client progress;

(3) supervising changes in the intervention plan;

(4) conducting or observing intervention procedures for selected clients and documenting
appropriateness of intervention procedures. Clients must be selected based on the
occupational therapy services provided to the client and the role of the occupational therapist
and the occupational therapy assistant in those services; and

(5) ensuring the service competency of the occupational therapy assistant in performing
delegated intervention procedures.

(c) Face-to-face collaboration must occur more frequently if necessary to meet the
requirements of paragraph (a) or (b).

(d) The occupational therapist must document compliance with this subdivision in the
client's file or chart.

Sec. 43.

Minnesota Statutes 2024, section 148.6432, subdivision 4, is amended to read:

Subd. 4.

Exception.

new text begin (a) new text end The supervision requirements of this section do not apply to an
occupational therapy assistant who:

(1) works in an activities program; and

(2) does not perform occupational therapy services.

new text begin (b) new text end The occupational therapy assistant must meet all other applicable requirements of
sections 148.6401 to deleted text begin 148.6449 deleted text end new text begin 148.645 new text end .

Sec. 44.

Minnesota Statutes 2024, section 148.6435, is amended to read:

148.6435 COORDINATION OF SERVICES.

An occupational therapist must:

(1) collect information necessary to ensure that the provision of occupational therapy
services are consistent with the client's physical and mental health status. The information
required to make this determination may include, but is not limited to, contacting the client's
licensed health care professional for health history, current health status, current medications,
and precautions;

deleted text begin (2) modify or terminate occupational therapy intervention of a client that is not beneficial
to the client, not tolerated by the client, or refused by the client, and if intervention was
terminated for a medical reason, notify the client's licensed health care professional by
correspondence postmarked or delivered to the licensed health care professional within one
week of the termination of intervention;
deleted text end

deleted text begin (3) deleted text end new text begin (2) new text end refer a client to an appropriate health care, social service, or education practitioner
if the client's condition requires services not within the occupational therapist's service
competency or not within the practice of occupational therapy generally new text begin , or if the client's
acuity warrants alternative care new text end ; and

deleted text begin (4) deleted text end new text begin (3) new text end participate and cooperate in the coordination of occupational therapy services
with other related services, as a member of the professional community serving the client.

Sec. 45.

Minnesota Statutes 2024, section 148.6438, is amended to read:

148.6438 RECIPIENT NOTIFICATION.

Subdivision 1.

Required notification.

new text begin (a) new text end In the absence of a deleted text begin physician, advanced
practice registered nurse, or physician assistant deleted text end new text begin licensed health care provider new text end referral or
prior authorization, and before providing occupational therapy services for remuneration
or expectation of payment from the client, an occupational therapist must provide the
following deleted text begin written deleted text end notification deleted text begin in all capital letters of 12-point or larger boldface type, deleted text end to new text begin the
client, parent, or guardian in a format meeting national accessibility standards and the needs
of new text end the client, parent, or guardian:

"Your health care provider, insurer, or plan may require a deleted text begin physician, advanced practice
registered nurse, or physician assistant deleted text end new text begin licensed health care provider new text end referral or prior
authorization and you may be obligated for partial or full payment for occupational therapy
services rendered."

new text begin (b) new text end Information other than this notification may be included as long as the notification
remains conspicuous on the face of the document. deleted text begin A nonwritten disclosure format may be
used to satisfy the recipient notification requirement when necessary to accommodate the
physical condition of a client or client's guardian.
deleted text end

Subd. 2.

Evidence of recipient notification.

The occupational therapist is responsible
for providing evidence of compliance with the recipient notification requirement of this
section new text begin with documentation of the client, parent, or guardian agreement new text end .

Sec. 46.

Minnesota Statutes 2024, section 148.6443, subdivision 3, is amended to read:

Subd. 3.

Activities qualifying for continuing education contact hours.

(a) The activities
in this subdivision qualify for continuing education contact hours if they meet all other
requirements of this section.

(b) A minimum of one-half of the required contact hours must be directly related to
occupational therapy practice. The remaining contact hours may be related to occupational
therapy practice, the delivery of occupational therapy services, or to the practitioner's current
professional role.

(c) A licensee may obtain an unlimited number of contact hours in any two-year
continuing education period through participation in the following:

(1) attendance at educational programs of annual conferences, lectures, panel discussions,
workshops, in-service training, seminars, and symposiums;

(2) successful completion of college or university courses. The licensee must obtain a
grade of at least a "C" or a pass in a pass/fail course in order to receive credit. One college
credit equals six continuing education contact hours; or

(3) successful completion of deleted text begin home study deleted text end courses that deleted text begin require the participant to
demonstrate the participant's knowledge following completion of the course deleted text end new text begin provide
documentation that the course was completed and that meet the requirements in subdivision
2 new text end .

(d) A licensee may obtain a maximum of one-half of the required contact hours in any
two-year continuing education period for:

(1) teaching continuing education or occupational therapy related courses that meet the
requirements of this section. A licensee is entitled to earn a maximum of two contact hours
as preparation time for each contact hour of presentation time. Contact hours may be claimed
only once for teaching the same course in any two-year continuing education period. A
course schedule or brochure must be maintained for audit;

(2) supervising occupational therapist or occupational therapy assistant students. A
licensee may earn one contact hour for every eight hours of student supervision. Licensees
must ensure they receive documentation regarding each student supervised and the dates
and hours each student was supervised. Contact hours obtained by student supervision must
be obtained by supervising students from an occupational therapy education program
accredited by the Accreditation Council for Occupational Therapy Education; new text begin and
new text end

deleted text begin (3) teaching or participating in courses related to leisure activities, recreational activities,
or hobbies if the practitioner uses these interventions within the practitioner's current practice
or employment; and
deleted text end

deleted text begin (4) deleted text end new text begin (3) new text end engaging in research activities or outcome studies that are related to the practice
of occupational therapy and associated with grants, postgraduate studies, or publications in
professional journals or books.

(e) A licensee may obtain a maximum of two contact hours in any two-year continuing
education period for continuing education activities in the following areas:

(1) personal skill topics: career burnout, communication skills, human relations, and
similar topics;

(2) deleted text begin training that is obtained in conjunction with a licensee's employment, occurs during
a licensee's normal workday, and does not include subject matter specific to the fundamentals
of occupational therapy deleted text end new text begin basic life support and CPR training new text end ; and

(3) participation for a minimum of one year on a professional committee or board.

Sec. 47.

Minnesota Statutes 2024, section 148.6443, subdivision 4, is amended to read:

Subd. 4.

Activities not qualifying for continuing education contact hours.

Credit
must not be granted for the following activities: hospital new text begin patient new text end rounds deleted text begin , deleted text end new text begin ; new text end entertainment or
recreational activities deleted text begin , deleted text end new text begin ; new text end new text begin volunteering; new text end noneducational association meetings deleted text begin , deleted text end new text begin ; new text end and employment
orientation sessions new text begin and meetings, including but not limited to training required at the
beginning of employment, annually, or routinely that is related to the employer's organization
requirements new text end .

Sec. 48.

Minnesota Statutes 2024, section 148.6443, subdivision 5, is amended to read:

Subd. 5.

Reporting continuing education contact hours.

Each licensee must use the
continuing education reporting form to verify meeting the continuing education requirements
of this section. The licensee must maintain documentation, including but not limited to a
signed certificate, transcript, or similar evidence of participation in an activity. The
documentation must include deleted text begin a deleted text end :

(1) new text begin the new text end title of the continuing education activity;

(2) new text begin a new text end brief description of the continuing education activity prepared by the presenter or
sponsor;

(3) new text begin the name of the new text end sponsor, presenter, or author;

(4) new text begin the new text end location and attendance dates;

(5) new text begin the new text end number of contact hours; and

(6) new text begin the new text end licensee's name.

Sec. 49.

Minnesota Statutes 2024, section 148.6443, subdivision 6, is amended to read:

Subd. 6.

Auditing continuing education reports.

(a) The board may audit a percentage
of the continuing education reports based on random selection. A licensee shall maintain
all documentation required by this section for two years after the last day of the biennial
licensure period in which the contact hours were earned.

(b) All renewal applications that are received after the expiration date may be subject
to a continuing education report audit.

(c) Any licensee against whom a complaint is filed may be subject to a continuing
education report audit.

(d) The licensee shall make the following information available to the board for auditing
purposes:

(1) a copy of the completed continuing education reporting form for the continuing
education reporting period that is the subject of the audit including all supporting
documentation required by subdivision 5;

(2) documentation of university, college, or vocational school courses by a transcript
and a course syllabus, listing in a course bulletin, or equivalent documentation that includes
the course title, instructor's name, course dates, number of contact hours, and course content,
objectives, or goals; and

(3) verification of attendance deleted text begin by deleted text end new text begin that meets the requirements of subdivision 5 by
submitting new text end :

(i) a deleted text begin signature of deleted text end new text begin certificate of attendance, or if a certificate is not available, other
documentation from new text end the presenter or a designee deleted text begin at the continuing education activity on the
continuing education report form or a certificate of attendance with the course name, course
date, and licensee's name deleted text end new text begin submitted directly to the board confirming the requirements new text end ; new text begin or
new text end

deleted text begin (ii) a summary or outline of the educational content of an audio or video educational
activity to verify the licensee's participation in the activity if a designee is not available to
sign the continuing education report form; or
deleted text end

deleted text begin (iii) deleted text end new text begin (ii) new text end verification of self-study programs by a certificate of completion deleted text begin or other
documentation indicating that the individual has demonstrated knowledge and has
successfully completed the program deleted text end .

Sec. 50.

Minnesota Statutes 2024, section 148.6443, subdivision 7, is amended to read:

Subd. 7.

deleted text begin Waiver deleted text end new text begin Deferral new text end of continuing education requirements.

The board may
deleted text begin waive or deleted text end defer all or part of the continuing education requirements of this section if the
licensee submits a written request and provides satisfactory evidence to the board of illness,
injury, financial hardship, family hardship, or other similar extenuating circumstances that
preclude completion of the requirements during the licensure period. The request for a
deleted text begin waiver deleted text end new text begin deferral new text end must be in writing, state the circumstances that constitute hardship, state
the period of time the licensee wishes to have the continuing education requirement deleted text begin waived deleted text end new text begin
deferred new text end , and state the alternative measures that will be taken if a deleted text begin waiver deleted text end new text begin deferral new text end is granted.
The board must set forth, in writing, the reasons for granting or denying the deleted text begin waiver deleted text end new text begin deferral new text end .
deleted text begin Waivers deleted text end new text begin Deferrals new text end granted by the board must specify, in writing, the time limitation and
required alternative measures to be taken by the licensee. A request for deleted text begin waiver deleted text end new text begin deferral new text end must
be denied if the board finds that the circumstances stated by the licensee do not support a
claim of hardship, the requested time period for deleted text begin waiver deleted text end new text begin deferral new text end is unreasonable, the
alternative measures proposed by the licensee are not equivalent to the continuing education
activity being deleted text begin waived deleted text end new text begin deferred new text end , or the request for deleted text begin waiver deleted text end new text begin deferral new text end is not submitted to the
board within 60 calendar days of the expiration date.

Sec. 51.

Minnesota Statutes 2024, section 148.6443, subdivision 8, is amended to read:

Subd. 8.

Penalties for noncompliance.

The board shall refuse to renew or grant, or
shall suspend, condition, limit, or new text begin otherwise new text end qualify the license of any person who the board
determines has failed to comply with the continuing education requirements of this section.
A licensee may request reconsideration of the board's determination of noncompliance or
the penalty imposed under this section by making a written request to the board within 30
calendar days of the date of notification to the applicant. Individuals requesting
reconsideration may submit information that the licensee wants considered in the
reconsideration.

Sec. 52.

Minnesota Statutes 2024, section 148.6445, is amended by adding a subdivision
to read:

new text begin Subd. 5a. new text end

new text begin Compact privilege fee. new text end

new text begin The fee for interstate licensure compact privilege to
practice is $150.
new text end

Sec. 53.

Minnesota Statutes 2024, section 148.6445, is amended by adding a subdivision
to read:

new text begin Subd. 7a. new text end

new text begin Active mailing list. new text end

new text begin The fee for the standard active licensee mailing list
delivered electronically is $500.
new text end

Sec. 54.

Minnesota Statutes 2024, section 148.6448, subdivision 1, is amended to read:

Subdivision 1.

Grounds for denial of licensure or discipline.

The board may deny an
application for licensure, may approve licensure with conditions, or may discipline a licensee
using any disciplinary actions listed in subdivision 3 on proof that the individual has:

(1) intentionally submitted false or misleading information to the board;

(2) new text begin obtained a license by means of fraud, misrepresentation, or concealment of material
facts;
new text end

new text begin (3) new text end failed, within 30 days, to provide information in response to a written request by the
board;

deleted text begin (3) deleted text end new text begin (4) new text end performed services of an occupational deleted text begin therapist or occupational deleted text end therapy deleted text begin assistant deleted text end new text begin
practitioner new text end in an incompetent manner or in a manner that falls below the community standard
of care new text begin or national practice standards of care new text end ;

deleted text begin (4) deleted text end new text begin (5) new text end failed to satisfactorily perform occupational therapy services during a period of
temporary licensure;

deleted text begin (5) deleted text end new text begin (6) new text end violated sections 148.6401 to deleted text begin 148.6449 deleted text end new text begin 148.645 new text end ;

deleted text begin (6) deleted text end new text begin (7) new text end failed to perform services with reasonable judgment, skill, or safety due to the
use of alcohol or drugs, or other physical or mental impairment;

deleted text begin (7) deleted text end new text begin (8) new text end been convicted of violating any state or federal law, rule, or regulation which
deleted text begin directly deleted text end new text begin reasonably new text end relates to the practice of occupational therapy;

new text begin (9) failed to report other licensees that have violated sections 148.6401 to 148.645;
new text end

deleted text begin (8) deleted text end new text begin (10) new text end aided or abetted another person in violating any provision of sections 148.6401
to deleted text begin 148.6449 deleted text end new text begin 148.645 new text end ;

deleted text begin (9) deleted text end new text begin (11) new text end been disciplined for conduct in the practice of an occupation by the state of
Minnesota, another jurisdiction, or a national professional association, if any of the grounds
for discipline are the same or substantially equivalent to those in sections 148.6401 to
deleted text begin 148.6449 deleted text end new text begin 148.645 new text end ;

deleted text begin (10) deleted text end new text begin (12) new text end not cooperated with the board in an investigation conducted according to
subdivision 2;

deleted text begin (11) deleted text end new text begin (13) new text end advertised in a manner that is false or misleading;

deleted text begin (12) deleted text end new text begin (14) new text end engaged in dishonest, unethical, or unprofessional conduct in connection with
the practice of occupational therapy that is likely to deceive, defraud, or harm the public;

new text begin (15) improperly managed client records, including but not limited to failure to maintain
client records in a manner that meets community standards of care or nationally accepted
practice standards;
new text end

deleted text begin (13) deleted text end new text begin (16) new text end demonstrated a willful or careless disregard for the health, welfare, or safety
of a client;

new text begin (17) inappropriately supervised or delegated or assigned tasks to an occupational therapy
assistant, occupational therapy student, rehabilitation aide, or other licensed professional;
new text end

deleted text begin (14) deleted text end new text begin (18) new text end performed medical diagnosis or provided intervention, other than occupational
therapy, without being licensed to do so under the laws of this state;

deleted text begin (15) deleted text end new text begin (19) new text end paid or promised to pay a commission or part of a fee to any person who
contacts the occupational deleted text begin therapist deleted text end new text begin therapy practitioner new text end for consultation or sends patients to
the occupational deleted text begin therapist deleted text end new text begin therapy practitioner new text end for intervention;

deleted text begin (16) deleted text end new text begin (20) new text end engaged in an incentive payment arrangement, other than that prohibited by
clause deleted text begin (15) deleted text end new text begin (19) new text end , that promotes occupational therapy overutilization, whereby the referring
person or person who controls the availability of occupational therapy services to a client
profits unreasonably as a result of client intervention;

deleted text begin (17) deleted text end new text begin (21) new text end engaged in abusive or fraudulent billing practices deleted text begin , including violations of
federal Medicare and Medicaid laws, Food and Drug Administration regulations, or state
medical assistance laws deleted text end ;

deleted text begin (18) deleted text end new text begin (22) new text end obtained money, property, or services from a consumer through the use of
undue influence, high pressure sales tactics, harassment, duress, deception, or fraud;

deleted text begin (19) deleted text end new text begin (23) new text end performed services for a client who had no possibility of benefiting from the
services;

deleted text begin (20) deleted text end new text begin (24) new text end failed to refer a client for medical evaluation when appropriate or when a client
indicated symptoms associated with diseases that could be medically or surgically treated;

deleted text begin (21) deleted text end new text begin (25) new text end engaged in conduct with a client that is sexual or may reasonably be interpreted
by the client as sexual, or in any verbal behavior that is seductive or sexually demeaning to
a patient;

deleted text begin (22) deleted text end new text begin (26) new text end violated a federal or state court order, including a conciliation court judgment,
or a disciplinary order issued by the board, related to the person's occupational therapy
practice; or

deleted text begin (23) deleted text end new text begin (27) new text end any other just cause related to the practice of occupational therapy.

Sec. 55.

Minnesota Statutes 2024, section 148.6448, subdivision 2, is amended to read:

Subd. 2.

Investigation of complaints.

The board may initiate an investigation upon
receiving a complaint or other oral or written communication that alleges or implies that a
person has violated sections 148.6401 to deleted text begin 148.6449 deleted text end new text begin 148.645 new text end . In the receipt, investigation,
and hearing of a complaint that alleges or implies a person has violated sections 148.6401
to deleted text begin 148.6449 deleted text end new text begin 148.645 new text end , the board must follow the procedures in sections 214.10 and 214.103.

Sec. 56.

Minnesota Statutes 2024, section 148.6448, subdivision 4, is amended to read:

Subd. 4.

Effect of specific disciplinary action on use of title.

Upon notice from the
board denying licensure renewal or upon notice that disciplinary actions have been imposed
and the person is no longer entitled to practice occupational therapy and use the occupational
therapy and licensed titles, the person shall cease to practice occupational therapy, to use
titles protected by sections 148.6401 to deleted text begin 148.6449 deleted text end new text begin 148.645 new text end , and to represent to the public
that the person is licensed by the board.

Sec. 57.

Minnesota Statutes 2024, section 148.6448, subdivision 6, is amended to read:

Subd. 6.

Authority to contract.

The board shall contract with the health professionals
services program as authorized by sections 214.31 to 214.37 to provide these services to
practitioners under this chapter. The health professionals services program does not affect
the board's authority to discipline violations of sections 148.6401 to deleted text begin 148.6449 deleted text end new text begin 148.645 new text end .

Sec. 58.

Minnesota Statutes 2024, section 148.6449, subdivision 1, is amended to read:

Subdivision 1.

Creation.

The Board of Occupational Therapy Practice consists of 11
members appointed by the governor. The members are:

(1) five occupational therapists licensed under sections 148.6401 to deleted text begin 148.6449 deleted text end new text begin 148.645 new text end ;

(2) three occupational therapy assistants licensed under sections 148.6401 to deleted text begin 148.6449 deleted text end new text begin
148.645 new text end ; and

(3) three public members, including two members who have received occupational
therapy services or have a family member who has received occupational therapy services,
and one member who is a health care professional or health care provider licensed in
Minnesota.

Sec. 59.

Minnesota Statutes 2024, section 148.6449, subdivision 2, is amended to read:

Subd. 2.

Qualifications of board members.

(a) The occupational therapy practitioners
appointed to the board must represent a variety of practice areas and settings.

(b) At least deleted text begin two occupational therapy practitioners deleted text end new text begin three members of the board new text end must be
employed new text begin or reside new text end outside the seven-county metropolitan area.

(c) Board members must not serve for more than two full consecutive terms.

new text begin (d) Interstate licensure compact privilege holders are not eligible to serve on the board.
new text end

Sec. 60.

Minnesota Statutes 2024, section 148.6449, subdivision 7, is amended to read:

Subd. 7.

Duties of the Board of Occupational Therapy Practice.

(a) The board shall:

(1) adopt and enforce rules and laws necessary for licensing occupational therapy
practitioners;

(2) adopt and enforce rules for regulating the professional conduct of the practice of
occupational therapy;

(3) issue licenses to qualified individuals in accordance with sections 148.6401 to
deleted text begin 148.6449 deleted text end new text begin 148.645 new text end ;

(4) assess and collect fees for the issuance and renewal of licenses;

(5) educate the public about the requirements for licensing occupational therapy
practitioners, educate occupational therapy practitioners about the rules of conduct, and
enable the public to file complaints against applicants and licensees who may have violated
sections 148.6401 to deleted text begin 148.6449 deleted text end new text begin 148.645 new text end ; and

(6) investigate individuals engaging in practices that violate sections 148.6401 to
deleted text begin 148.6449 deleted text end new text begin 148.645 new text end and take necessary disciplinary, corrective, or other action according to
section 148.6448.

(b) The board may adopt rules necessary to define standards or carry out the provisions
of sections 148.6401 to deleted text begin 148.6449 deleted text end new text begin 148.645 new text end . Rules shall be adopted according to chapter 14.

Sec. 61. new text begin REVISOR INSTRUCTION.
new text end

new text begin (a) The revisor of statutes shall renumber Minnesota Statutes, section 148.6408,
subdivision 1, as Minnesota Statutes, section 148.6408, subdivision 1b.
new text end

new text begin (b) The revisor of statutes shall renumber Minnesota Statutes, section 148.6410,
subdivision 1, as Minnesota Statutes, section 148.6410, subdivision 1b.
new text end

Sec. 62. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2024, sections 148.6402, subdivision 22a; 148.6420, subdivisions
2, 3, and 4; 148.6423, subdivisions 4, 5, 7, 8, and 9; 148.6425, subdivision 3; 148.6430;
and 148.6445, subdivisions 5, 6, and 8, new text end new text begin are repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: 25-02854

148.6402 DEFINITIONS.

Subd. 22a.

Limited license.

"Limited license" means a license issued according to section 148.6425, subdivision 3, paragraph (c), to persons who for two years or more did not apply for a license after meeting the requirements in section 148.6408 or 148.6410 or who allowed their license to lapse for four years or more.

148.6420 APPLICATION REQUIREMENTS.

Subd. 2.

Persons applying for licensure under section 148.6408 or 148.6410.

Persons applying for licensure under section 148.6408 or 148.6410 must submit the materials required in subdivision 1 and the following:

(1) a certificate of successful completion of the requirements in section 148.6408, subdivision 1, or 148.6410, subdivision 1; and

(2) the applicant's test results from the examining agency, as evidence that the applicant received a qualifying score on a credentialing examination meeting the requirements of section 148.6408, subdivision 2, or 148.6410, subdivision 2.

Subd. 3.

Applicants certified by National Board for Certification in Occupational Therapy.

An applicant who is certified by the National Board for Certification in Occupational Therapy must provide the materials required in subdivision 1 and the following:

(1) verified documentation from the National Board for Certification in Occupational Therapy stating that the applicant is certified as an occupational therapist, registered or certified occupational therapy assistant, the date certification was granted, and the applicant's certification number. The document must also include a statement regarding disciplinary actions. The applicant is responsible for obtaining this documentation by sending a form provided by the board to the National Board for Certification in Occupational Therapy; and

(2) a waiver authorizing the board to obtain access to the applicant's records maintained by the National Board for Certification in Occupational Therapy.

Subd. 4.

Applicants credentialed in another jurisdiction.

In addition to providing the materials required in subdivision 1, an applicant credentialed in another jurisdiction must request that the appropriate government body in each jurisdiction in which the applicant holds or held an occupational therapy credential provide documentation to the board that verifies the applicant's credentials. Except as provided in section 148.6418, a license must not be issued until the board receives verification of each of the applicant's credentials. Each verification must include the applicant's name and date of birth, credential number and date of issuance, a statement regarding investigations pending and disciplinary actions taken or pending against the applicant, current status of the credential, and the terms under which the credential was issued.

148.6423 LICENSURE RENEWAL.

Subd. 4.

License renewal cycle conversion.

The license renewal cycle for occupational therapy licensees is converted to a two-year cycle where renewal is due on the last day of the licensee's month of birth. Conversion pursuant to this section begins January 1, 2021. This section governs license renewal procedures for licensees who were licensed before December 31, 2020. The conversion renewal cycle is the renewal cycle following the first license renewal after January 1, 2020. The conversion license period is the license period for the conversion renewal cycle. The conversion license period is between 13 and 24 months and ends on the last day of the licensee's month of birth in either 2022 or 2023, as described in subdivision 5.

Subd. 5.

Conversion of license renewal cycle for current licensees.

For a licensee whose license is current as of December 31, 2020, the licensee's conversion license period begins on January 1, 2021, and ends on the last day of the licensee's month of birth in 2023, except that for licensees whose month of birth is January, February, March, April, May, or June, the licensee's renewal cycle ends on the last day of the licensee's month of birth in 2022.

Subd. 7.

Subsequent renewal cycles.

After the licensee's conversion renewal cycle under subdivision 5 or 6, subsequent renewal cycles are biennial and begin on the first day of the month following the licensee's birth month.

Subd. 8.

Conversion period and fees.

(a) A licensee who holds a license issued before January 1, 2021, and who renews that license pursuant to subdivision 5 or 6, must pay a renewal fee as required in this subdivision.

(b) A licensee must be charged the biennial license fee listed in section 148.6445 for the conversion license period.

(c) For a licensee whose conversion license period is 13 to 24 months, the first biennial license fee charged after the conversion license period must be adjusted to credit the excess fee payment made during the conversion license period. The credit is calculated by:

(1) subtracting the number of months of the licensee's conversion license period from 24; and

(2) multiplying the result of clause (1) by 1/24 of the biennial fee rounded up to the next dollar.

(d) For a licensee whose conversion license period is 24 months, the first biennial license fee charged after the conversion license period must not be adjusted.

(e) For the second and all subsequent license renewals made after the conversion license period, the licensee's biennial license fee is as listed in section 148.6445.

Subd. 9.

Expiration.

Subdivisions 4, 5, 7, and 8 expire December 31, 2023.

148.6425 RENEWAL OF LICENSURE; AFTER EXPIRATION DATE.

Subd. 3.

Licensure renewal four years or more after licensure expiration date.

(a) An individual who requests licensure renewal four years or more after the licensure expiration date must submit the following:

(1) a completed and signed application for licensure on forms provided by the board;

(2) the renewal fee and the late fee required under section 148.6445 if renewal application is based on paragraph (b), clause (1), (2), or (3), or the renewal fee required under section 148.6445 if renewal application is based on paragraph (b), clause (4);

(3) proof of having met the continuing education requirement in section 148.6443, subdivision 1, except the continuing education must be obtained in the two years immediately preceding application renewal; and

(4) at the time of the next licensure renewal, proof of having met the continuing education requirement, which shall be prorated based on the number of months licensed during the two-year licensure period.

(b) In addition to the requirements in paragraph (a), the applicant must submit proof of one of the following:

(1) verified documentation of successful completion of 160 hours of supervised practice approved by the board as described in paragraph (c);

(2) verified documentation of having achieved a qualifying score on the credentialing examination for occupational therapists or the credentialing examination for occupational therapy assistants administered within the past year;

(3) documentation of having completed a combination of occupational therapy courses or an occupational therapy refresher program that contains both a theoretical and clinical component approved by the board. Only courses completed within one year preceding the date of the application or one year after the date of the application qualify for approval; or

(4) evidence that the applicant holds a current and unrestricted credential for the practice of occupational therapy in another jurisdiction and that the applicant's credential from that jurisdiction has been held in good standing during the period of lapse.

(c) To participate in a supervised practice as described in paragraph (b), clause (1), the applicant shall obtain limited licensure. To apply for limited licensure, the applicant shall submit the completed limited licensure application, fees, and agreement for supervision of an occupational therapist or occupational therapy assistant practicing under limited licensure signed by the supervising therapist and the applicant. The supervising occupational therapist shall state the proposed level of supervision on the supervision agreement form provided by the board. The supervising therapist shall determine the frequency and manner of supervision based on the condition of the patient or client, the complexity of the procedure, and the proficiencies of the supervised occupational therapist. At a minimum, a supervising occupational therapist shall be on the premises at all times that the person practicing under limited licensure is working; be in the room ten percent of the hours worked each week by the person practicing under limited licensure; and provide daily face-to-face collaboration for the purpose of observing service competency of the occupational therapist or occupational therapy assistant, discussing treatment procedures and each client's response to treatment, and reviewing and modifying, as necessary, each treatment plan. The supervising therapist shall document the supervision provided. The occupational therapist participating in a supervised practice is responsible for obtaining the supervision required under this paragraph and must comply with the board's requirements for supervision during the entire 160 hours of supervised practice. The supervised practice must be completed in two months and may be completed at the applicant's place of work.

(d) In addition to the requirements in paragraphs (a) and (b), the applicant must submit additional information as requested by the board to clarify information in the application, including information to determine whether the applicant has engaged in conduct warranting disciplinary action as set forth in section 148.6448. The information must be submitted within 30 days after the board's request.

148.6430 DELEGATION OF DUTIES; ASSIGNMENT OF TASKS.

The occupational therapist is responsible for all duties delegated to the occupational therapy assistant or tasks assigned to direct service personnel. The occupational therapist may delegate to an occupational therapy assistant those portions of a client's evaluation, reevaluation, and intervention that, according to prevailing national practice standards, can be performed by an occupational therapy assistant. The occupational therapist may not delegate portions of an evaluation or reevaluation of a person whose condition is changing rapidly.

148.6445 FEES.

Subd. 5.

Limited licensure fee.

The fee for limited licensure is $100.

Subd. 6.

Fee for course approval after lapse of licensure.

The fee for course approval after lapse of licensure is $100.

Subd. 8.

Verification to institutions.

The fee for verification of licensure to institutions is $10.