Minnesota Legislature
HF 535
2nd Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:38am
Bill Text Versions
| Engrossments | ||
|---|---|---|
| Introduction | Posted on 02/04/2009 | |
| 1st Engrossment | Posted on 03/30/2009 | |
| 2nd Engrossment | Posted on 05/14/2009 |
Current Version - 2nd Engrossment
2.1 2.2
2.3 2.4 2.5 2.6 2.7 2.8
2.9 2.10
2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20 2.21 2.22 2.23 2.24 2.25 2.26 2.27 2.28 2.29 2.30 2.31 2.32 2.33 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13 3.14 3.15 3.16 3.17 3.18 3.19 3.20
3.21 3.22 3.23 3.24 3.25 3.26 3.27 3.28 3.29 3.30 3.31 3.32 3.33 3.34 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 4.10 4.11
4.12 4.13
4.14 4.15
4.16 4.17 4.18 4.19 4.20 4.21 4.22 4.23 4.24 4.25 4.26 4.27 4.28 4.29 4.30 4.31 4.32 4.33 4.34 5.1 5.2 5.3 5.4 5.5 5.6 5.7 5.8 5.9 5.10 5.11 5.12 5.13 5.14 5.15 5.16 5.17 5.18 5.19 5.20 5.21 5.22 5.23 5.24 5.25 5.26 5.27 5.28 5.29 5.30 5.31 5.32 5.33 5.34 5.35 6.1 6.2 6.3 6.4 6.5 6.6 6.7 6.8 6.9 6.10 6.11 6.12 6.13 6.14 6.15 6.16 6.17 6.18 6.19 6.20 6.21 6.22
6.23 6.24
6.25 6.26 6.27 6.28 6.29 6.30 6.31 6.32 6.33 6.34 7.1 7.2 7.3 7.4 7.5 7.6 7.7 7.8 7.9 7.10 7.11 7.12 7.13 7.14 7.15 7.16 7.17 7.18 7.19 7.20 7.21 7.22 7.23 7.24 7.25 7.26 7.27 7.28 7.29 7.30 7.31 7.32 7.33 7.34 7.35 8.1 8.2
8.3 8.4 8.5 8.6 8.7 8.8 8.9 8.10 8.11 8.12 8.13 8.14 8.15 8.16 8.17 8.18 8.19 8.20 8.21 8.22 8.23 8.24 8.25 8.26 8.27 8.28 8.29 8.30 8.31 8.32 8.33 8.34 9.1 9.2 9.3 9.4 9.5 9.6 9.7 9.8 9.9 9.10 9.11 9.12 9.13 9.14 9.15 9.16 9.17
9.18 9.19 9.20 9.21 9.22 9.23 9.24 9.25 9.26 9.27 9.28 9.29 9.30 9.31 9.32 9.33 9.34 10.1 10.2 10.3 10.4 10.5 10.6 10.7 10.8 10.9 10.10 10.11 10.12 10.13 10.14 10.15 10.16 10.17 10.18 10.19 10.20 10.21 10.22 10.23 10.24 10.25 10.26 10.27 10.28 10.29 10.30 10.31 10.32 10.33 10.34 10.35 11.1 11.2
11.3 11.4 11.5 11.6 11.7 11.8 11.9 11.10 11.11 11.12 11.13 11.14 11.15 11.16 11.17 11.18 11.19 11.20 11.21 11.22 11.23 11.24 11.25 11.26 11.27 11.28 11.29 11.30 11.31 11.32 11.33 11.34 11.35 12.1 12.2 12.3 12.4 12.5 12.6 12.7 12.8 12.9 12.10 12.11 12.12 12.13 12.14 12.15 12.16 12.17 12.18 12.19 12.20 12.21 12.22 12.23 12.24 12.25 12.26 12.27 12.28 12.29 12.30 12.31 12.32 12.33 12.34 12.35 12.36 13.1 13.2 13.3 13.4 13.5 13.6 13.7 13.8 13.9 13.10 13.11 13.12 13.13 13.14 13.15 13.16 13.17 13.18 13.19 13.20 13.21 13.22 13.23 13.24 13.25 13.26 13.27 13.28 13.29 13.30 13.31 13.32 13.33 13.34 13.35 13.36 14.1 14.2 14.3 14.4 14.5 14.6 14.7 14.8 14.9 14.10 14.11 14.12 14.13 14.14 14.15 14.16 14.17 14.18 14.19 14.20 14.21 14.22 14.23 14.24 14.25 14.26 14.27 14.28 14.29 14.30 14.31 14.32 14.33 14.34 14.35 15.1 15.2 15.3 15.4 15.5 15.6 15.7 15.8 15.9
15.10 15.11 15.12 15.13 15.14 15.15 15.16 15.17 15.18 15.19 15.20 15.21 15.22 15.23 15.24 15.25 15.26 15.27
15.28 15.29 15.30 15.31 15.32 15.33 16.1 16.2 16.3 16.4 16.5 16.6 16.7 16.8 16.9 16.10 16.11 16.12 16.13 16.14 16.15 16.16 16.17 16.18 16.19 16.20 16.21 16.22 16.23 16.24 16.25 16.26 16.27 16.28 16.29 16.30 16.31 16.32 16.33 16.34 16.35 17.1 17.2 17.3 17.4 17.5 17.6 17.7 17.8 17.9
17.10 17.11 17.12 17.13
17.14 17.15 17.16 17.17 17.18 17.19 17.20 17.21 17.22 17.23 17.24 17.25 17.26 17.27 17.28 17.29 17.30 17.31 17.32 17.33 18.1 18.2
18.3 18.4 18.5 18.6 18.7 18.8 18.9 18.10 18.11 18.12 18.13 18.14 18.15 18.16 18.17 18.18
18.19 18.20
18.21 18.22 18.23 18.24 18.25 18.26 18.27 18.28 18.29 18.30 18.31 18.32 18.33 18.34 19.1 19.2 19.3 19.4 19.5 19.6 19.7 19.8 19.9 19.10 19.11 19.12 19.13 19.14 19.15 19.16 19.17 19.18 19.19 19.20 19.21 19.22 19.23
19.24 19.25 19.26 19.27 19.28 19.29 19.30 19.31 19.32 19.33 19.34 20.1 20.2 20.3 20.4 20.5 20.6
20.7 20.8 20.9
20.10 20.11 20.12 20.13 20.14 20.15 20.16 20.17 20.18 20.19 20.20 20.21 20.22 20.23 20.24 20.25 20.26 20.27 20.28 20.29 20.30 20.31 20.32 20.33 20.34 21.1 21.2 21.3 21.4 21.5 21.6 21.7 21.8 21.9 21.10 21.11 21.12 21.13 21.14 21.15 21.16 21.17 21.18 21.19 21.20 21.21 21.22 21.23 21.24 21.25 21.26 21.27 21.28 21.29 21.30 21.31 21.32 21.33 21.34 21.35
22.1 22.2 22.3 22.4 22.5 22.6 22.7 22.8 22.9 22.10 22.11 22.12 22.13 22.14 22.15 22.16 22.17 22.18 22.19 22.20 22.21 22.22 22.23 22.24 22.25 22.26 22.27 22.28 22.29 22.30 22.31 22.32 22.33 22.34 23.1 23.2 23.3 23.4 23.5 23.6 23.7 23.8 23.9 23.10 23.11 23.12 23.13 23.14 23.15 23.16 23.17 23.18 23.19 23.20 23.21 23.22 23.23 23.24 23.25 23.26 23.27 23.28 23.29 23.30 23.31 23.32 23.33 23.34 23.35 23.36 24.1 24.2 24.3 24.4 24.5 24.6 24.7 24.8 24.9 24.10 24.11 24.12 24.13 24.14 24.15 24.16 24.17 24.18 24.19 24.20 24.21 24.22 24.23 24.24 24.25 24.26 24.27 24.28 24.29 24.30 24.31 24.32 24.33 24.34 24.35 24.36 25.1 25.2 25.3 25.4 25.5 25.6 25.7 25.8 25.9 25.10 25.11 25.12 25.13 25.14 25.15 25.16 25.17 25.18 25.19 25.20 25.21 25.22 25.23 25.24 25.25 25.26 25.27 25.28 25.29 25.30 25.31 25.32 25.33 25.34 25.35 25.36 26.1 26.2 26.3 26.4 26.5 26.6 26.7 26.8 26.9 26.10 26.11
26.12 26.13 26.14 26.15 26.16 26.17 26.18 26.19 26.20 26.21 26.22 26.23 26.24 26.25 26.26 26.27 26.28 26.29 26.30 26.31 26.32 26.33
27.1 27.2 27.3 27.4 27.5 27.6 27.7 27.8 27.9 27.10 27.11 27.12 27.13 27.14 27.15 27.16 27.17 27.18
27.19 27.20 27.21 27.22 27.23 27.24 27.25 27.26
27.27 27.28 27.29 27.30 27.31 27.32 27.33 28.1 28.2 28.3 28.4 28.5 28.6
28.7 28.8 28.9 28.10 28.11 28.12 28.13 28.14 28.15
28.16 28.17 28.18 28.19 28.20 28.21 28.22 28.23 28.24
28.25 28.26 28.27 28.28 28.29 28.30 28.31 29.1 29.2 29.3 29.4 29.5 29.6 29.7 29.8 29.9
29.10 29.11 29.12 29.13 29.14 29.15 29.16 29.17 29.18 29.19 29.20 29.21 29.22 29.23 29.24 29.25 29.26 29.27 29.28 29.29 29.30 29.31 29.32 29.33 29.34 29.35 30.1 30.2 30.3 30.4 30.5 30.6 30.7 30.8 30.9 30.10 30.11 30.12 30.13 30.14 30.15 30.16 30.17 30.18 30.19 30.20 30.21 30.22 30.23 30.24 30.25 30.26 30.27 30.28 30.29 30.30 30.31 30.32 30.33 30.34 30.35 30.36 31.1 31.2 31.3
31.4 31.5 31.6 31.7
31.8 31.9 31.10 31.11 31.12 31.13 31.14 31.15 31.16 31.17 31.18 31.19 31.20 31.21 31.22 31.23 31.24 31.25 31.26 31.27 31.28 31.29 31.30 31.31 31.32 31.33 31.34 32.1 32.2 32.3 32.4 32.5 32.6 32.7 32.8 32.9 32.10 32.11 32.12 32.13 32.14 32.15 32.16 32.17 32.18 32.19 32.20 32.21 32.22 32.23 32.24 32.25 32.26 32.27 32.28 32.29 32.30 32.31 32.32 32.33 32.34 32.35 33.1 33.2 33.3 33.4 33.5 33.6 33.7 33.8 33.9 33.10 33.11 33.12 33.13 33.14 33.15 33.16 33.17 33.18 33.19 33.20 33.21 33.22 33.23 33.24 33.25 33.26 33.27 33.28 33.29 33.30 33.31 33.32 33.33 33.34 33.35 33.36 34.1 34.2 34.3 34.4 34.5 34.6 34.7 34.8 34.9 34.10 34.11 34.12 34.13 34.14 34.15 34.16 34.17 34.18 34.19 34.20 34.21 34.22 34.23 34.24 34.25 34.26 34.27 34.28 34.29 34.30 34.31 34.32 34.33 34.34 34.35 34.36 35.1 35.2 35.3 35.4 35.5 35.6 35.7 35.8 35.9 35.10 35.11 35.12 35.13 35.14 35.15 35.16 35.17 35.18 35.19 35.20 35.21 35.22 35.23 35.24 35.25 35.26 35.27 35.28 35.29 35.30 35.31 35.32 35.33 35.34 35.35 36.1 36.2 36.3 36.4 36.5 36.6 36.7 36.8 36.9 36.10 36.11 36.12 36.13 36.14 36.15 36.16 36.17 36.18 36.19 36.20 36.21 36.22 36.23 36.24 36.25 36.26 36.27 36.28 36.29 36.30 36.31 36.32
36.33 36.34 37.1 37.2 37.3 37.4 37.5 37.6 37.7 37.8 37.9 37.10 37.11 37.12 37.13 37.14 37.15 37.16 37.17 37.18 37.19
37.20 37.21 37.22 37.23 37.24 37.25 37.26 37.27 37.28 37.29 37.30 37.31 37.32 37.33 37.34 37.35 38.1 38.2 38.3 38.4 38.5 38.6 38.7 38.8 38.9 38.10 38.11 38.12 38.13 38.14 38.15 38.16 38.17 38.18 38.19 38.20 38.21 38.22 38.23 38.24 38.25 38.26 38.27 38.28 38.29 38.30 38.31 38.32 38.33 38.34 39.1 39.2 39.3 39.4 39.5 39.6 39.7 39.8 39.9 39.10 39.11 39.12 39.13 39.14 39.15 39.16 39.17 39.18 39.19 39.20 39.21 39.22 39.23 39.24 39.25 39.26 39.27 39.28 39.29 39.30 39.31 39.32 39.33 39.34 39.35 40.1 40.2 40.3 40.4 40.5 40.6 40.7 40.8 40.9 40.10 40.11 40.12 40.13 40.14 40.15 40.16 40.17 40.18 40.19 40.20 40.21 40.22
40.23 40.24 40.25 40.26 40.27 40.28
40.29 40.30 40.31 40.32 40.33 41.1 41.2 41.3 41.4 41.5 41.6 41.7 41.8 41.9 41.10 41.11 41.12 41.13 41.14 41.15 41.16 41.17 41.18 41.19 41.20 41.21 41.22 41.23 41.24 41.25 41.26 41.27 41.28 41.29 41.30 41.31 41.32 41.33 41.34 41.35 42.1 42.2 42.3 42.4 42.5 42.6 42.7 42.8 42.9 42.10 42.11
42.12 42.13 42.14 42.15 42.16 42.17 42.18 42.19
42.20 42.21 42.22 42.23 42.24 42.25 42.26 42.27 42.28 42.29 42.30 42.31 42.32 42.33 43.1 43.2 43.3 43.4 43.5 43.6 43.7 43.8 43.9
43.10 43.11 43.12 43.13 43.14 43.15 43.16 43.17 43.18 43.19 43.20 43.21 43.22 43.23 43.24 43.25
43.26 43.27 43.28 43.29 43.30 43.31 43.32 43.33
44.1 44.2 44.3 44.4 44.5 44.6 44.7 44.8 44.9 44.10 44.11 44.12 44.13 44.14 44.15 44.16 44.17 44.18 44.19 44.20 44.21 44.22 44.23 44.24 44.25 44.26 44.27 44.28
44.29 44.30 44.31 44.32 44.33 44.34 44.35 45.1 45.2 45.3 45.4 45.5 45.6 45.7 45.8 45.9 45.10 45.11 45.12 45.13 45.14 45.15 45.16 45.17 45.18 45.19 45.20 45.21 45.22 45.23 45.24 45.25
45.26 45.27 45.28 45.29 45.30 45.31 45.32 45.33 45.34 45.35 46.1 46.2 46.3
46.4 46.5 46.6 46.7 46.8 46.9 46.10 46.11 46.12 46.13 46.14 46.15 46.16 46.17 46.18 46.19 46.20 46.21 46.22 46.23 46.24 46.25 46.26 46.27 46.28 46.29 46.30 46.31 46.32 46.33 46.34 46.35 47.1 47.2
47.3 47.4 47.5 47.6 47.7 47.8
47.9 47.10 47.11 47.12 47.13 47.14 47.15 47.16 47.17 47.18 47.19 47.20 47.21 47.22
47.23 47.24
47.25 47.26
47.27 47.28
47.29 47.30 48.1 48.2 48.3 48.4 48.5 48.6 48.7 48.8 48.9 48.10 48.11 48.12 48.13 48.14 48.15
48.16 48.17 48.18 48.19 48.20 48.21 48.22 48.23 48.24 48.25 48.26 48.27 48.28 48.29 48.30 48.31 48.32 48.33 48.34 48.35 49.1 49.2
49.3 49.4 49.5 49.6 49.7 49.8 49.9 49.10 49.11 49.12 49.13 49.14 49.15 49.16 49.17 49.18 49.19 49.20 49.21 49.22 49.23 49.24 49.25 49.26 49.27 49.28 49.29
49.30 49.31 49.32
50.1 50.2
50.3 50.4 50.5 50.6 50.7 50.8 50.9 50.10 50.11 50.12 50.13 50.14 50.15 50.16 50.17 50.18 50.19 50.20 50.21 50.22
50.23 50.24
50.25 50.26
50.27 50.28 50.29 50.30 50.31
51.1 51.2 51.3 51.4 51.5 51.6
51.7 51.8 51.9 51.10 51.11 51.12 51.13 51.14 51.15 51.16 51.17 51.18 51.19 51.20 51.21 51.22 51.23 51.24 51.25 51.26 51.27 51.28 51.29 51.30 51.31 51.32 51.33 51.34 51.35 52.1
52.2 52.3 52.4 52.5
52.6 52.7 52.8 52.9 52.10
52.11 52.12 52.13 52.14 52.15 52.16 52.17 52.18 52.19 52.20 52.21 52.22 52.23 52.24 52.25 52.26 52.27 52.28 52.29 52.30 52.31 52.32 52.33 53.1 53.2 53.3 53.4
53.5 53.6 53.7
53.8 53.9 53.10 53.11 53.12 53.13 53.14 53.15 53.16
53.17 53.18 53.19 53.20 53.21 53.22 53.23 53.24
53.25 53.26 53.27 53.28 53.29
53.30 54.1 54.2 54.3 54.4 54.5 54.6 54.7 54.8 54.9 54.10 54.11 54.12 54.13 54.14 54.15 54.16 54.17 54.18 54.19 54.20 54.21 54.22 54.23
54.24 54.25 54.26 54.27 54.28 54.29 54.30 54.31 54.32 54.33 54.34 54.35 55.1 55.2 55.3 55.4 55.5 55.6 55.7 55.8 55.9 55.10 55.11 55.12 55.13 55.14 55.15 55.16 55.17 55.18 55.19 55.20 55.21 55.22 55.23 55.24 55.25 55.26 55.27 55.28 55.29 55.30 55.31 55.32 55.33 55.34 55.35
56.1 56.2 56.3 56.4 56.5 56.6 56.7 56.8 56.9 56.10 56.11 56.12 56.13 56.14 56.15 56.16 56.17 56.18 56.19 56.20 56.21 56.22 56.23 56.24 56.25 56.26 56.27 56.28 56.29 56.30 56.31 56.32 56.33 56.34 56.35 56.36
57.1 57.2 57.3
57.4 57.5
57.6 57.7
57.8 57.9 57.10 57.11 57.12
57.13 57.14 57.15 57.16 57.17 57.18
57.19 57.20 57.21 57.22 57.23 57.24 57.25 57.26 57.27 57.28 57.29 57.30 57.31 57.32 58.1 58.2 58.3 58.4 58.5 58.6 58.7 58.8 58.9 58.10 58.11 58.12 58.13 58.14 58.15 58.16
58.17 58.18 58.19 58.20
58.21 58.22 58.23 58.24 58.25
58.26 58.27 58.28 58.29 58.30 58.31 58.32 58.33 59.1 59.2 59.3 59.4 59.5 59.6 59.7 59.8 59.9 59.10 59.11 59.12 59.13 59.14 59.15 59.16 59.17 59.18 59.19
59.20 59.21 59.22
59.23 59.24 59.25 59.26 59.27 59.28 59.29 59.30 59.31 59.32 59.33 59.34 60.1 60.2 60.3 60.4 60.5 60.6 60.7 60.8 60.9 60.10 60.11 60.12 60.13 60.14 60.15 60.16 60.17 60.18 60.19 60.20 60.21 60.22 60.23 60.24 60.25 60.26 60.27 60.28 60.29 60.30 60.31 60.32 60.33 60.34 60.35 60.36 61.1 61.2 61.3 61.4 61.5 61.6 61.7 61.8 61.9 61.10 61.11 61.12 61.13 61.14 61.15 61.16 61.17 61.18 61.19 61.20 61.21 61.22 61.23 61.24 61.25 61.26 61.27 61.28 61.29 61.30 61.31 61.32 61.33 61.34 61.35 61.36 62.1 62.2 62.3 62.4 62.5
62.6 62.7 62.8 62.9 62.10 62.11 62.12 62.13 62.14
62.15 62.16 62.17 62.18 62.19 62.20 62.21 62.22 62.23 62.24 62.25
62.26 62.27 62.28 62.29 62.30 62.31 62.32 62.33 63.1 63.2
63.3 63.4 63.5 63.6 63.7 63.8 63.9 63.10 63.11 63.12 63.13 63.14 63.15 63.16
63.17 63.18 63.19 63.20
63.21 63.22 63.23 63.24 63.25
63.26 63.27 63.28 63.29 63.30
64.1 64.2 64.3 64.4 64.5 64.6 64.7 64.8 64.9
64.10 64.11 64.12 64.13 64.14 64.15 64.16 64.17 64.18 64.19
64.20 64.21 64.22 64.23 64.24 64.25 64.26 64.27 64.28 64.29 64.30 64.31 64.32 64.33 65.1 65.2
65.3 65.4 65.5 65.6 65.7
65.8 65.9 65.10 65.11 65.12 65.13 65.14 65.15 65.16 65.17 65.18 65.19 65.20 65.21
65.22 65.23 65.24 65.25 65.26 65.27 65.28 65.29 65.30
65.31 65.32 66.1 66.2 66.3 66.4 66.5 66.6 66.7 66.8 66.9 66.10 66.11
66.12 66.13 66.14 66.15 66.16 66.17 66.18 66.19 66.20 66.21
66.22 66.23 66.24 66.25 66.26 66.27 66.28
66.29 66.30 66.31 66.32 66.33 67.1 67.2 67.3 67.4 67.5 67.6 67.7 67.8 67.9 67.10 67.11
67.12 67.13 67.14 67.15 67.16 67.17 67.18
67.19 67.20 67.21 67.22 67.23
67.24 67.25 67.26 67.27 67.28 67.29
67.30 67.31 68.1 68.2 68.3 68.4 68.5 68.6 68.7
68.8 68.9 68.10 68.11 68.12 68.13
68.14 68.15 68.16 68.17 68.18 68.19 68.20 68.21 68.22 68.23 68.24 68.25 68.26 68.27 68.28 68.29
68.30 68.31 69.1 69.2 69.3 69.4 69.5 69.6 69.7 69.8 69.9 69.10 69.11 69.12
69.13 69.14 69.15 69.16 69.17 69.18 69.19 69.20 69.21 69.22 69.23 69.24 69.25 69.26
69.27 69.28 69.29 69.30 69.31 69.32 69.33 69.34
70.1 70.2 70.3 70.4 70.5 70.6 70.7 70.8 70.9 70.10 70.11 70.12 70.13 70.14 70.15 70.16 70.17
70.18 70.19 70.20 70.21 70.22 70.23 70.24 70.25 70.26 70.27 70.28 70.29 70.30
70.31 70.32 70.33 70.34 71.1 71.2 71.3 71.4
71.5 71.6 71.7 71.8 71.9 71.10
71.11 71.12 71.13 71.14 71.15 71.16 71.17 71.18
71.19 71.20 71.21 71.22 71.23 71.24 71.25 71.26 71.27 71.28 71.29 71.30 71.31
72.1 72.2 72.3 72.4 72.5 72.6 72.7 72.8 72.9 72.10 72.11 72.12 72.13 72.14 72.15 72.16 72.17 72.18 72.19 72.20 72.21 72.22 72.23 72.24 72.25 72.26 72.27 72.28 72.29 72.30 72.31 72.32 72.33 72.34 72.35 72.36 73.1 73.2 73.3 73.4 73.5 73.6 73.7 73.8 73.9 73.10 73.11 73.12 73.13 73.14 73.15 73.16 73.17 73.18 73.19 73.20 73.21 73.22 73.23 73.24 73.25 73.26 73.27 73.28 73.29 73.30 73.31 73.32
73.33 74.1 74.2 74.3 74.4 74.5 74.6 74.7 74.8 74.9 74.10 74.11 74.12 74.13 74.14 74.15 74.16 74.17 74.18 74.19 74.20 74.21 74.22 74.23 74.24 74.25 74.26 74.27 74.28 74.29 74.30 74.31 74.32 74.33 74.34 74.35 74.36 75.1 75.2 75.3 75.4 75.5 75.6 75.7
75.8 75.9 75.10 75.11 75.12 75.13 75.14 75.15 75.16 75.17 75.18 75.19 75.20 75.21 75.22 75.23 75.24 75.25 75.26 75.27 75.28 75.29 75.30 75.31 75.32 75.33 75.34 75.35 76.1 76.2 76.3 76.4 76.5 76.6 76.7 76.8
76.9 76.10 76.11 76.12 76.13 76.14 76.15 76.16
76.17 76.18 76.19 76.20 76.21 76.22 76.23 76.24 76.25 76.26 76.27
76.28 76.29 76.30 76.31 76.32 76.33 77.1 77.2
77.3 77.4 77.5 77.6 77.7 77.8 77.9 77.10 77.11 77.12 77.13 77.14 77.15 77.16 77.17 77.18 77.19 77.20 77.21 77.22 77.23 77.24 77.25 77.26 77.27 77.28 77.29 77.30 77.31 77.32 77.33 77.34 77.35 78.1
78.2 78.3 78.4
78.5 78.6
78.7 78.8
78.9 78.10 78.11 78.12 78.13
78.14 78.15 78.16 78.17 78.18
78.19 78.20 78.21 78.22 78.23 78.24 78.25 78.26 78.27 78.28 78.29
78.30 79.1 79.2 79.3 79.4 79.5 79.6 79.7 79.8 79.9 79.10 79.11 79.12 79.13 79.14 79.15 79.16 79.17 79.18 79.19 79.20 79.21 79.22 79.23 79.24 79.25 79.26 79.27 79.28 79.29 79.30 79.31 79.32 79.33
79.34 79.35 80.1 80.2 80.3 80.4 80.5 80.6 80.7 80.8 80.9 80.10 80.11 80.12 80.13 80.14 80.15 80.16 80.17
80.18 80.19 80.20 80.21 80.22 80.23 80.24 80.25 80.26 80.27 80.28 80.29 80.30
80.31 80.32 80.33 80.34 81.1 81.2 81.3 81.4 81.5 81.6 81.7 81.8 81.9 81.10 81.11 81.12 81.13 81.14 81.15 81.16 81.17
81.18 81.19 81.20 81.21 81.22 81.23
81.24 81.25 81.26 81.27 81.28 81.29 81.30
81.31 81.32 81.33 82.1 82.2 82.3 82.4 82.5 82.6 82.7 82.8 82.9 82.10 82.11 82.12 82.13 82.14 82.15 82.16 82.17 82.18 82.19 82.20 82.21 82.22 82.23 82.24 82.25 82.26 82.27 82.28 82.29 82.30 82.31 82.32 82.33 82.34 82.35 83.1 83.2 83.3 83.4 83.5 83.6 83.7 83.8 83.9 83.10 83.11 83.12 83.13 83.14 83.15 83.16 83.17 83.18 83.19 83.20 83.21
83.22 83.23 83.24 83.25 83.26 83.27 83.28 83.29 83.30 83.31 83.32 83.33 83.34 84.1 84.2 84.3 84.4 84.5
84.6 84.7 84.8 84.9 84.10 84.11 84.12 84.13 84.14 84.15 84.16 84.17 84.18 84.19 84.20 84.21 84.22 84.23 84.24 84.25 84.26 84.27 84.28 84.29 84.30 84.31
84.32 84.33 84.34 85.1 85.2 85.3 85.4 85.5 85.6
85.7 85.8 85.9 85.10 85.11 85.12 85.13 85.14
85.15 85.16 85.17 85.18 85.19 85.20 85.21 85.22 85.23 85.24 85.25
85.26 85.27 85.28 85.29 85.30 85.31 85.32 85.33 86.1 86.2 86.3 86.4
86.5 86.6 86.7 86.8 86.9 86.10 86.11 86.12 86.13
86.14 86.15 86.16 86.17 86.18 86.19
86.20 86.21 86.22 86.23 86.24 86.25 86.26 86.27 86.28 86.29
86.30 86.31 86.32 87.1 87.2 87.3 87.4 87.5 87.6 87.7 87.8
87.9 87.10 87.11 87.12 87.13 87.14 87.15 87.16 87.17 87.18 87.19 87.20 87.21 87.22 87.23 87.24 87.25 87.26
87.27 87.28 87.29 87.30 87.31 87.32 87.33 87.34 88.1 88.2 88.3 88.4 88.5 88.6
88.7 88.8 88.9 88.10 88.11 88.12 88.13 88.14 88.15 88.16 88.17 88.18 88.19 88.20 88.21 88.22 88.23 88.24 88.25 88.26 88.27 88.28
88.29 88.30 88.31 88.32 89.1 89.2 89.3 89.4 89.5 89.6 89.7 89.8 89.9 89.10 89.11 89.12 89.13 89.14 89.15 89.16 89.17 89.18 89.19 89.20 89.21 89.22 89.23 89.24 89.25 89.26 89.27 89.28 89.29 89.30 89.31 89.32 89.33 89.34 89.35 90.1 90.2 90.3 90.4 90.5 90.6 90.7 90.8 90.9 90.10 90.11 90.12 90.13 90.14 90.15 90.16 90.17 90.18 90.19 90.20 90.21 90.22 90.23 90.24 90.25 90.26 90.27 90.28 90.29 90.30 90.31 90.32 90.33 90.34 90.35 90.36 91.1 91.2 91.3 91.4 91.5 91.6 91.7 91.8 91.9 91.10 91.11 91.12 91.13 91.14 91.15 91.16 91.17 91.18 91.19 91.20 91.21 91.22 91.23 91.24 91.25 91.26 91.27 91.28 91.29 91.30 91.31 91.32 91.33 91.34 92.1 92.2 92.3 92.4 92.5 92.6 92.7 92.8 92.9 92.10 92.11 92.12 92.13 92.14 92.15 92.16 92.17 92.18 92.19 92.20 92.21 92.22 92.23 92.24 92.25 92.26 92.27 92.28 92.29 92.30 92.31
92.32 92.33 92.34 92.35 93.1 93.2 93.3 93.4 93.5 93.6 93.7 93.8 93.9 93.10 93.11 93.12 93.13 93.14 93.15 93.16 93.17 93.18 93.19 93.20 93.21 93.22 93.23 93.24 93.25 93.26 93.27 93.28 93.29 93.30 93.31 93.32 93.33 93.34 93.35 93.36 94.1 94.2 94.3 94.4 94.5 94.6 94.7 94.8 94.9 94.10 94.11 94.12 94.13 94.14 94.15 94.16 94.17 94.18 94.19 94.20
94.21 94.22 94.23 94.24 94.25 94.26 94.27 94.28
94.29 94.30 94.31 94.32 94.33 94.34 95.1 95.2 95.3 95.4
95.5 95.6 95.7 95.8 95.9 95.10 95.11 95.12 95.13 95.14 95.15 95.16 95.17 95.18 95.19 95.20
95.21 95.22 95.23 95.24 95.25
95.26 95.27 95.28 95.29 95.30 95.31 95.32 95.33 96.1 96.2
96.3 96.4 96.5 96.6 96.7 96.8 96.9 96.10 96.11 96.12 96.13 96.14 96.15 96.16 96.17 96.18 96.19 96.20 96.21 96.22 96.23 96.24 96.25 96.26 96.27 96.28 96.29 96.30 96.31 96.32 96.33 96.34 96.35 97.1 97.2 97.3 97.4 97.5 97.6 97.7 97.8 97.9 97.10 97.11 97.12 97.13 97.14 97.15 97.16 97.17 97.18 97.19 97.20 97.21 97.22 97.23 97.24 97.25 97.26 97.27 97.28 97.29 97.30 97.31 97.32 97.33 97.34 97.35 97.36 98.1 98.2 98.3 98.4 98.5 98.6 98.7 98.8
98.9 98.10 98.11 98.12 98.13 98.14 98.15 98.16 98.17 98.18 98.19 98.20 98.21 98.22 98.23 98.24 98.25 98.26 98.27 98.28 98.29 98.30 98.31 98.32 98.33 98.34
99.1 99.2
A bill for an act
relating to health occupations; changing provisions for chiropractors,
pharmacists, respiratory therapists, physician assistants, psychologists,
nutritionists, and social work; licensing dental therapists and oral health
practitioners; setting fees; amending Minnesota Statutes 2008, sections 62M.09,
subdivision 3a; 62U.09, subdivision 2; 144.1501, subdivision 1; 144E.001,
subdivisions 3a, 9c; 147.09; 147A.01; 147A.02; 147A.03; 147A.04; 147A.05;
147A.06; 147A.07; 147A.08; 147A.09; 147A.11; 147A.13; 147A.16; 147A.18;
147A.19; 147A.20; 147A.21; 147A.23; 147A.24; 147A.26; 147A.27; 147C.01;
147C.05; 147C.10; 147C.15; 147C.20; 147C.25; 147C.30; 147C.35; 147C.40;
148.06, subdivision 1; 148.624, subdivision 2; 148.89, subdivision 5; 148D.010,
subdivisions 9, 15, by adding subdivisions; 148D.025, subdivisions 2, 3;
148D.061, subdivisions 6, 8; 148D.062, subdivision 2; 148D.063, subdivision
2; 148D.125, subdivisions 1, 3; 148E.010, subdivisions 11, 17, by adding
subdivisions; 148E.025, subdivisions 2, 3; 148E.055, subdivision 5; 148E.100,
subdivisions 3, 4, 5, 6, 7, by adding a subdivision; 148E.105, subdivisions 1, 3, 5,
7, by adding a subdivision; 148E.106, subdivisions 1, 2, 3, 4, 5, 8, 9, by adding
a subdivision; 148E.110, subdivisions 1, 2, by adding subdivisions; 148E.115,
subdivision 1, by adding a subdivision; 148E.120; 148E.125, subdivisions 1, 3;
148E.130, subdivisions 2, 5, by adding a subdivision; 148E.165, subdivision
1; 150A.01, by adding subdivisions; 150A.05, subdivision 2, by adding a
subdivision; 150A.06, subdivisions 2d, 5, 6, by adding subdivisions; 150A.08,
subdivisions 1, 3a, 5; 150A.09, subdivisions 1, 3; 150A.091, subdivisions 2, 3,
5, 8, 10; 150A.10, subdivisions 1, 2, 3, 4; 150A.11, subdivision 4; 150A.12;
150A.21, subdivisions 1, 4; 151.01, subdivision 23; 151.37, subdivision 2;
169.345, subdivision 2; 214.103, subdivision 9; 253B.02, subdivision 7; 253B.05,
subdivision 2; 256B.0625, subdivision 28a; 256B.0751, subdivision 1; proposing
coding for new law in Minnesota Statutes, chapters 148; 150A; repealing
Minnesota Statutes 2008, sections 147A.22; 148.627; 148D.062, subdivision 5;
148D.125, subdivision 2; 148D.180, subdivision 8; 148E.106, subdivision 6;
148E.125, subdivision 2; 150A.061; Minnesota Rules, part 2500.5000.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
HEALTH-RELATED LICENSING BOARD
Section 1.
Minnesota Statutes 2008, section 214.103, subdivision 9, is amended to read:
Subd. 9.
Information to complainant.
A board shall furnish to a person who
made a complaint a written description of the board's complaint process, and actions of
the board relating to the complaint. deleted text begin The written notice from the board must advise the
complainant of the right to appeal the board's decision to the attorney general within
30 days of receipt of the notice.
deleted text end
ARTICLE 2
CHIROPRACTORS
Section 1.
Minnesota Statutes 2008, section 148.06, subdivision 1, is amended to read:
Subdivision 1.
License required; qualifications.
No person shall practice
chiropractic in this state without first being licensed by the state Board of Chiropractic
Examiners. The applicant shall have earned at least one-half of all academic credits
required for awarding of a baccalaureate degree from the University of Minnesota, or
other university, college, or community college of equal standing, in subject matter
determined by the board, and taken a four-year resident course of at least eight months
each in a school or college of chiropractic or in a chiropractic program that is accredited
by the Council on Chiropractic Education, deleted text begin holds a recognition agreement with the
Council on Chiropractic Education, ordeleted text end is accredited by an agency approved by the United
States Office of Education or their successors as of January 1, 1988new text begin , or is approved by a
Council on Chiropractic Education member organization of the Council on Chiropractic
Internationalnew text end . The board may issue licenses to practice chiropractic without compliance
with prechiropractic or academic requirements listed above if in the opinion of the board
the applicant has the qualifications equivalent to those required of other applicants, the
applicant satisfactorily passes written and practical examinations as required by the Board
of Chiropractic Examiners, and the applicant is a graduate of a college of chiropractic
deleted text begin with a recognition agreement with the Council on Chiropractic Educationdeleted text end new text begin approved by a
Council on Chiropractic Education member organization of the Council on Chiropractic
Internationalnew text end . The board may recommend a two-year prechiropractic course of instruction
to any university, college, or community college which in its judgment would satisfy the
academic prerequisite for licensure as established by this section.
An examination for a license shall be in writing and shall include testing in:
(a) The basic sciences including but not limited to anatomy, physiology, bacteriology,
pathology, hygiene, and chemistry as related to the human body or mind;
(b) The clinical sciences including but not limited to the science and art of
chiropractic, chiropractic physiotherapy, diagnosis, roentgenology, and nutrition; and
(c) Professional ethics and any other subjects that the board may deem advisable.
The board may consider a valid certificate of examination from the National Board
of Chiropractic Examiners as evidence of compliance with the examination requirements
of this subdivision. The applicant shall be required to give practical demonstration in
vertebral palpation, neurology, adjusting and any other subject that the board may deem
advisable. A license, countersigned by the members of the board and authenticated by the
seal thereof, shall be granted to each applicant who correctly answers 75 percent of the
questions propounded in each of the subjects required by this subdivision and meets the
standards of practical demonstration established by the board. Each application shall be
accompanied by a fee set by the board. The fee shall not be returned but the applicant
may, within one year, apply for examination without the payment of an additional fee. The
board may grant a license to an applicant who holds a valid license to practice chiropractic
issued by the appropriate licensing board of another state, provided the applicant meets
the other requirements of this section and satisfactorily passes a practical examination
approved by the board. The burden of proof is on the applicant to demonstrate these
qualifications or satisfaction of these requirements.
Sec. 2.
new text begin
[148.107] RECORDKEEPING.
new text end
new text begin
All items in this section should be contained in the patient record, including but not
limited to, paragraphs (a), (b), (c), (e), (g), and (i).
new text end
new text begin
(a) A description of past conditions and trauma, past treatment received, current
treatment being received from other health care providers, and a description of the patient's
current condition including onset and description of trauma if trauma occurred.
new text end
new text begin
(b) Examinations performed to determine a preliminary or final diagnosis based on
indicated diagnostic tests, with a record of findings of each test performed.
new text end
new text begin
(c) A diagnosis supported by documented subjective and objective findings, or
clearly qualified as an opinion.
new text end
new text begin
(d) A treatment plan that describes the procedures and treatment used for the
conditions identified, including approximate frequency of care.
new text end
new text begin
(e) Daily notes documenting current subjective complaints as described by the
patient, any change in objective findings if noted during that visit, a listing of all
procedures provided during that visit, and all information that is exchanged and will affect
that patient's treatment.
new text end
new text begin
(f) A description by the chiropractor or written by the patient each time an incident
occurs that results in an aggravation of the patient's condition or a new developing
condition.
new text end
new text begin
(g) Results of reexaminations that are performed to evaluate significant changes in
a patient's condition, including tests that were positive or deviated from results used to
indicate normal findings.
new text end
new text begin
(h) When symbols or abbreviations are used, a key that explains their meanings must
accompany each file when requested in writing by the patient or a third party.
new text end
new text begin
(i) Documentation that family history has been evaluated.
new text end
Sec. 3. new text begin REPEALER.
new text end
new text begin
Minnesota Rules, part 2500.5000,
new text end
new text begin
is repealed.
new text end
ARTICLE 3
PHARMACISTS
Section 1.
Minnesota Statutes 2008, section 151.37, subdivision 2, is amended to read:
Subd. 2.
Prescribing and filing.
(a) A licensed practitioner in the course of
professional practice only, may prescribe, administer, and dispense a legend drug, and may
cause the same to be administered by a nurse, a physician assistant, or medical student or
resident under the practitioner's direction and supervision, and may cause a person who
is an appropriately certified, registered, or licensed health care professional to prescribe,
dispense, and administer the same within the expressed legal scope of the person's practice
as defined in Minnesota Statutes. A licensed practitioner may prescribe a legend drug,
without reference to a specific patient, by directing a nurse, pursuant to section 148.235,
subdivisions 8 and 9, physician assistant, deleted text begin ordeleted text end medical student or residentnew text begin , or pharmacist
according to section 151.01, subdivision 27, new text end to adhere to a particular practice guideline or
protocol when treating patients whose condition falls within such guideline or protocol,
and when such guideline or protocol specifies the circumstances under which the legend
drug is to be prescribed and administered. An individual who verbally, electronically, or
otherwise transmits a written, oral, or electronic order, as an agent of a prescriber, shall
not be deemed to have prescribed the legend drug. This paragraph applies to a physician
assistant only if the physician assistant meets the requirements of section 147A.18.
(b) A licensed practitioner that dispenses for profit a legend drug that is to be
administered orally, is ordinarily dispensed by a pharmacist, and is not a vaccine, must
file with the practitioner's licensing board a statement indicating that the practitioner
dispenses legend drugs for profit, the general circumstances under which the practitioner
dispenses for profit, and the types of legend drugs generally dispensed. It is unlawful to
dispense legend drugs for profit after July 31, 1990, unless the statement has been filed
with the appropriate licensing board. For purposes of this paragraph, "profit" means (1)
any amount received by the practitioner in excess of the acquisition cost of a legend drug
for legend drugs that are purchased in prepackaged form, or (2) any amount received
by the practitioner in excess of the acquisition cost of a legend drug plus the cost of
making the drug available if the legend drug requires compounding, packaging, or other
treatment. The statement filed under this paragraph is public data under section 13.03.
This paragraph does not apply to a licensed doctor of veterinary medicine or a registered
pharmacist. Any person other than a licensed practitioner with the authority to prescribe,
dispense, and administer a legend drug under paragraph (a) shall not dispense for profit.
To dispense for profit does not include dispensing by a community health clinic when the
profit from dispensing is used to meet operating expenses.
(c) A prescription or drug order for the following drugs is not valid, unless it can be
established that the prescription or order was based on a documented patient evaluation,
including an examination, adequate to establish a diagnosis and identify underlying
conditions and contraindications to treatment:
(1) controlled substance drugs listed in section 152.02, subdivisions 3 to 5;
(2) drugs defined by the Board of Pharmacy as controlled substances under section
152.02, subdivisions 7, 8, and 12;
(3) muscle relaxants;
(4) centrally acting analgesics with opioid activity;
(5) drugs containing butalbital; or
(6) phoshodiesterase type 5 inhibitors when used to treat erectile dysfunction.
(d) For the purposes of paragraph (c), the requirement for an examination shall be
met if an in-person examination has been completed in any of the following circumstances:
(1) the prescribing practitioner examines the patient at the time the prescription
or drug order is issued;
(2) the prescribing practitioner has performed a prior examination of the patient;
(3) another prescribing practitioner practicing within the same group or clinic as the
prescribing practitioner has examined the patient;
(4) a consulting practitioner to whom the prescribing practitioner has referred the
patient has examined the patient; or
(5) the referring practitioner has performed an examination in the case of a
consultant practitioner issuing a prescription or drug order when providing services by
means of telemedicine.
(e) Nothing in paragraph (c) or (d) prohibits a licensed practitioner from prescribing
a drug through the use of a guideline or protocol pursuant to paragraph (a).
(f) Nothing in this chapter prohibits a licensed practitioner from issuing a
prescription or dispensing a legend drug in accordance with the Expedited Partner Therapy
in the Management of Sexually Transmitted Diseases guidance document issued by the
United States Centers for Disease Control.
(g) Nothing in paragraph (c) or (d) limits prescription, administration, or dispensing
of legend drugs through a public health clinic or other distribution mechanism approved
by the commissioner of health or a board of health in order to prevent, mitigate, or treat
a pandemic illness, infectious disease outbreak, or intentional or accidental release of a
biological, chemical, or radiological agent.
(h) No pharmacist employed by, under contract to, or working for a pharmacy
licensed under section 151.19, subdivision 1, may dispense a legend drug based on a
prescription that the pharmacist knows, or would reasonably be expected to know, is not
valid under paragraph (c).
(i) No pharmacist employed by, under contract to, or working for a pharmacy
licensed under section 151.19, subdivision 2, may dispense a legend drug to a resident
of this state based on a prescription that the pharmacist knows, or would reasonably be
expected to know, is not valid under paragraph (c).
ARTICLE 4
RESPIRATORY THERAPY
Section 1.
Minnesota Statutes 2008, section 147C.01, is amended to read:
147C.01 DEFINITIONS.
Subdivision 1.
Applicability.
The definitions in this section apply to this chapter.
Subd. 2.
Advisory council.
"Advisory council" means the Respiratory Care
deleted text begin Practitionerdeleted text end Advisory Council established under section 147C.35.
Subd. 3.
Approved education program.
"Approved education program" means a
university, college, or other postsecondary education program leading to eligibility for
registry or certification in respiratory care, that, at the time the student completes the
program, is accredited by a national accrediting organization approved by the board.
Subd. 4.
Board.
"Board" means the Board of Medical Practice or its designee.
Subd. 5.
Contact hour.
"Contact hour" means an instructional session of 50
consecutive minutes, excluding coffee breaks, registration, meals without a speaker, and
social activities.
Subd. 6.
Credential.
"Credential" means a licensedeleted text begin , permit, certification, registration,deleted text end
or other evidence of qualification or authorization to engage in respiratory care practice in
this state or any other state.
Subd. 7.
Credentialing examination.
"Credentialing examination" means an
examination administered by the National Board for Respiratory Care deleted text begin or other national
testing organization approved by the boarddeleted text end new text begin , its successor organization, or the Canadian
Society for Respiratory Carenew text end for credentialing as a deleted text begin certified respiratory therapy technician,
registereddeleted text end respiratory therapistdeleted text begin ,deleted text end or other title indicating an entry or advanced level
respiratory care practitioner.
new text begin Subd. 7a. new text end
new text begin Equipment maintenance. new text end
new text begin
"Equipment maintenance" includes, but is not
limited to, downloading and subsequent reporting of stored compliance and physiological
data, and adjustments to respiratory equipment based on compliance downloads, protocols,
and provider orders specific to noninvasive CPAP/Bilevel devices.
new text end
Subd. 8.
Health care facility.
"Health care facility" means a hospital as defined in
section 144.50, subdivision 2, a medical facility as defined in section 144.561, subdivision
1, paragraph (b), or a nursing home as defined in section 144A.01, subdivision 5, a
long-term acute care facility, a subacute care facility, an outpatient clinic, a physician's
office, new text begin a rehabilitation facility, new text end or a hospice.
Subd. 9.
Qualified medical direction.
"Qualified medical direction" means
direction from a licensed physician who is on the staff or is a consultant of a health care
facility or home care agency or home medical equipment provider and who has a special
interest in and knowledge of the diagnosis and treatment of deficiencies, abnormalities,
and diseases of the cardiopulmonary system.
new text begin Subd. 9a. new text end
new text begin Patient instruction. new text end
new text begin
"Patient instruction" includes, but is not limited to,
patient education on the care, use, and maintenance of respiratory equipment, and patient
interface fittings and adjustments.
new text end
Subd. 10.
Respiratory care.
"Respiratory care" means the provision of services
described under section 147C.05 for the assessment, treatment, education, management,
evaluation, and care of patients with deficiencies, abnormalities, and diseases of the
cardiopulmonary system, under the deleted text begin guidance of qualified medical directiondeleted text end new text begin supervision of
a physiciannew text end and pursuant to a referralnew text begin , or verbal, written, or telecommunicated ordernew text end from
a physician deleted text begin who has medical responsibility for the patientdeleted text end new text begin , nurse practitioner, or physician
assistantnew text end . deleted text begin Itdeleted text end new text begin Respiratory carenew text end includesnew text begin , but is not limited to,new text end education pertaining to health
promotion deleted text begin anddeleted text end new text begin ,new text end disease preventionnew text begin and managementnew text end , patient care, and treatment.
Sec. 2.
Minnesota Statutes 2008, section 147C.05, is amended to read:
147C.05 SCOPE OF PRACTICE.
(a) The practice of respiratory care by a deleted text begin registereddeleted text end new text begin licensednew text end respiratory deleted text begin care
practitionerdeleted text end new text begin therapistnew text end includes, but is not limited to, the following services:
(1) providing and monitoring therapeutic administration of medical gases, aerosols,
humidification, and pharmacological agents related to respiratory care procedures, but not
including administration of general anesthesia;
(2) carrying out therapeutic application and monitoring of mechanical ventilatory
support;
(3) providing cardiopulmonary resuscitation and maintenance of natural airways and
insertion and maintenance of artificial airways;
(4) assessing and monitoring signs, symptoms, and general behavior relating to, and
general physical response to, respiratory care treatment or evaluation for treatment and
diagnostic testing, including determination of whether the signs, symptoms, reactions,
behavior, or general response exhibit abnormal characteristics;
(5) obtaining physiological specimens and interpreting physiological data including:
(i) analyzing arterial and venous blood gases;
(ii) assessing respiratory secretions;
(iii) measuring ventilatory volumes, pressures, and flows;
(iv) testing pulmonary function;
(v) testing and studying the cardiopulmonary system; and
(vi) diagnostic new text begin and therapeutic new text end testing of breathing patterns related to sleep disorders;
(6) assisting hemodynamic monitoring and support of the cardiopulmonary system;
(7) assessing and making suggestions for modifications in the treatment regimen
based on abnormalities, protocols, or changes in patient response to respiratory care
treatment;
(8) providing cardiopulmonary rehabilitation including respiratory-care related
educational components, postural drainage, chest physiotherapy, breathing exercises,
aerosolized administration of medications, and equipment use and maintenance;
(9) instructing patients and their families in techniques for the prevention, alleviation,
and rehabilitation of deficiencies, abnormalities, and diseases of the cardiopulmonary
system; and
(10) transcribing and implementingnew text begin verbal, written, or telecommunicated orders from
anew text end physician deleted text begin ordersdeleted text end new text begin , nurse practitioner, or physician assistant new text end for respiratory care services.
deleted text begin
(b) Patient service by a practitioner must be limited to:
deleted text end
deleted text begin
(1) services within the training and experience of the practitioner; and
deleted text end
deleted text begin
(2) services within the parameters of the laws, rules, and standards of the facilities in
which the respiratory care practitioner practices.
deleted text end
deleted text begin
(c) Respiratory care services provided by a registered respiratory care practitioner,
whether delivered in a health care facility or the patient's residence, must not be provided
except upon referral from a physician.
deleted text end
new text begin
(b) This section does not prohibit a respiratory therapist from performing advances
in the art and techniques of respiratory care learned through formal or specialized training
as approved by the Respiratory Care Advisory Council.
new text end
deleted text begin (d)deleted text end new text begin (c)new text end This section does not prohibit an individual licensed or deleted text begin registereddeleted text end new text begin credentialednew text end
as a respiratory therapist in another state or country from providing respiratory care in an
emergency in this state, providing respiratory care as a member of an organ harvesting
team, or from providing respiratory care on board an ambulance as part of an ambulance
treatment team.
Sec. 3.
Minnesota Statutes 2008, section 147C.10, is amended to read:
147C.10 new text begin UNLICENSED PRACTICE PROHIBITED; new text end PROTECTED TITLES
AND RESTRICTIONS ON USE.
Subdivision 1.
Protected titles.
deleted text begin No individual maydeleted text end new text begin A person who does not hold
a license or temporary permit under this chapter as a respiratory therapist or whose
license or permit has lapsed, been suspended, or revoked may not new text end use the title "Minnesota
deleted text begin registereddeleted text end new text begin licensednew text end respiratory deleted text begin care practitionerdeleted text end new text begin therapistnew text end ," "deleted text begin registereddeleted text end new text begin licensednew text end respiratory
deleted text begin care practitionerdeleted text end new text begin therapistnew text end ," deleted text begin "respiratory care practitioner,"deleted text end "respiratory therapist,"
deleted text begin "respiratory therapy (or care) technician,"deleted text end "inhalation therapist," or "inhalation therapy
technician," or use, in connection with the individual's name, the letters deleted text begin "RCP,"deleted text end new text begin "RT" or
"LRT"new text end or any other titles, words, letters, abbreviations, or insignia indicating or implying
that the individual is eligible for deleted text begin registrationdeleted text end new text begin licensurenew text end by the state as a respiratory deleted text begin care
practitionerdeleted text end new text begin therapistnew text end unless the individual has been deleted text begin registereddeleted text end new text begin licensednew text end as a respiratory
deleted text begin care practitionerdeleted text end new text begin therapistnew text end according to this chapter.
new text begin Subd. 1a. new text end
new text begin Unlicensed practice prohibited. new text end
new text begin
No person shall practice respiratory
care unless the person is licensed as a respiratory therapist under this chapter except
as otherwise provided under this chapter.
new text end
Subd. 2.
Other health care practitioners.
(a) deleted text begin Nonphysician individuals practicing
in a health care occupation or profession are not restricted in the provision of services
included in section 147C.05, as long as they do not hold themselves out as respiratory care
practitioners by or through the use of the titles provided in subdivision 1 in association
with provision of these services.deleted text end new text begin Nothing in this chapter 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.
new text end
(b) deleted text begin Physician practitioners are exempt from this chapter.
deleted text end
deleted text begin (c)deleted text end Nothing in this chapter shall be construed to require deleted text begin registration ofdeleted text end new text begin a respiratory
care license fornew text end :
(1) a deleted text begin respiratory care practitionerdeleted text end student enrolled in a respiratory therapynew text begin or
polysomnography technologynew text end education program accredited by the Commission on
Accreditation of Allied Health Education Programsnew text begin , its successor organization,new text end or anothernew text begin
nationally recognizednew text end accrediting organization deleted text begin approved by the boarddeleted text end ; deleted text begin and
deleted text end
(2) a respiratory deleted text begin care practitioner employed in the service of the federal governmentdeleted text end new text begin
therapist as a member of the United States armed forcesnew text end while performing duties incident
to that deleted text begin employment.deleted text end new text begin duty;
new text end
new text begin
(3) an individual employed by a durable medical equipment provider or home
medical equipment provider who delivers, sets up, instructs the patient on the use of, or
maintains respiratory care equipment, but does not perform assessment, education, or
evaluation of the patient;
new text end
new text begin
(4) self-care by a patient or gratuitous care by a friend or relative who does not
purport to be a licensed respiratory therapist; or
new text end
new text begin
(5) an individual employed in a sleep lab or center as a polysomnographic
technologist under the supervision of a licensed physician.
new text end
Subd. 3.
Penalty.
A person who violates deleted text begin subdivision 1deleted text end new text begin this sectionnew text end is guilty of a
gross misdemeanor.
Subd. 4.
Identification of deleted text begin registereddeleted text end new text begin licensednew text end practitioners.
Respiratory deleted text begin care
practitioners registereddeleted text end new text begin therapists licensednew text end in Minnesota shall wear name tags that identify
them as respiratory deleted text begin care practitionersdeleted text end new text begin therapistsnew text end while in a professional setting. If not
written in full, this must be designated as deleted text begin RCP.deleted text end new text begin "RT" or "LRT."new text end A student attending deleted text begin adeleted text end new text begin an
accreditednew text end respiratory therapy deleted text begin trainingdeleted text end new text begin educationnew text end program deleted text begin or a tutorial intern programdeleted text end
must be identified as a student respiratory deleted text begin care practitionerdeleted text end new text begin therapistnew text end . This abbreviated
designation is Student deleted text begin RCPdeleted text end new text begin RTnew text end . Unregulated individuals who work in an assisting
respiratory role under the supervision of respiratory deleted text begin care practitionersdeleted text end new text begin therapistsnew text end must be
identified as respiratory deleted text begin caredeleted text end new text begin therapynew text end assistants or aides.
Sec. 4.
Minnesota Statutes 2008, section 147C.15, is amended to read:
147C.15 deleted text begin REGISTRATIONdeleted text end new text begin LICENSUREnew text end REQUIREMENTS.
Subdivision 1.
General requirements for deleted text begin registrationdeleted text end new text begin licensurenew text end .
To be eligible
for deleted text begin registrationdeleted text end new text begin a licensenew text end , an applicant, with the exception of those seeking deleted text begin registrationdeleted text end new text begin
licensurenew text end by reciprocity under subdivision 2, must:
(1) submit a completed application on forms provided by the board along with all
fees required under section 147C.40 that includes:
(i) the applicant's name, Social Security number, home addressnew text begin , e-mail address,new text end and
telephone number, and business address and telephone number;
(ii) the name and location of the respiratory deleted text begin caredeleted text end new text begin therapynew text end education program the
applicant completed;
(iii) a list of degrees received from educational institutions;
(iv) a description of the applicant's professional training beyond the first degree
received;
(v) the applicant's work history for the five years preceding the application, including
the average number of hours worked per week;
(vi) a list of registrations, certifications, and licenses held in other jurisdictions;
(vii) a description of any other jurisdiction's refusal to credential the applicant;
(viii) a description of all professional disciplinary actions initiated against the
applicant in any jurisdiction; and
(ix) any history of drug or alcohol abuse, and any misdemeanor or felony conviction;
(2) submit a certificate of completion from an approved education program;
(3) achieve a qualifying score on a credentialing examination within five years
prior to application for registration;
(4) submit a verified copy of a valid and current credential, issued by the National
Board for Respiratory Care or other board-approved national organization, as a certified
respiratory deleted text begin therapy techniciandeleted text end new text begin therapistnew text end , registered respiratory therapist, or other entry or
advanced level respiratory deleted text begin care practitionerdeleted text end new text begin therapistnew text end designation;
(5) submit additional information as requested by the board, including providing
any additional information necessary to ensure that the applicant is able to practice with
reasonable skill and safety to the public;
(6) sign a statement that the information in the application is true and correct to the
best of the applicant's knowledge and belief; and
(7) sign a waiver authorizing the board to obtain access to the applicant's records
in this or any other state in which the applicant has completed an approved education
program or engaged in the practice of respiratory deleted text begin caredeleted text end new text begin therapynew text end .
Subd. 2.
deleted text begin Registrationdeleted text end new text begin Licensurenew text end by reciprocity.
To be eligible for deleted text begin registrationdeleted text end new text begin
licensurenew text end by reciprocity, the applicant must be credentialed by the National Board for
Respiratory Care or other board-approved organization and have worked at least eight
weeks of the previous five years as a respiratory deleted text begin care practitionerdeleted text end new text begin therapistnew text end and must:
(1) submit the application materials and fees as required by subdivision 1, clauses
(1), (4), (5), (6), and (7);
(2) provide a verified copy from the appropriate government body of a current and
unrestricted credential new text begin or license new text end for the practice of respiratory deleted text begin caredeleted text end new text begin therapynew text end in another
jurisdiction that has initial credentialing requirements equivalent to or higher than the
requirements in subdivision 1; and
(3) provide letters of verification from the appropriate government body in each
jurisdiction in which the applicant holds a credentialnew text begin or licensenew text end . Each letter must state the
applicant's name, date of birth, credential number, date of issuance, a statement regarding
disciplinary actions, if any, taken against the applicant, and the terms under which the
credential was issued.
Subd. 3.
Temporary permit.
The board may issue a temporary permit to practice
as a respiratory deleted text begin care practitionerdeleted text end new text begin therapistnew text end to an applicant eligible for deleted text begin registrationdeleted text end new text begin
licensurenew text end under this section if the application for deleted text begin registrationdeleted text end new text begin licensurenew text end is complete, all
applicable requirements in this section have been met, and a nonrefundable fee set by
the board has been paid. The permit remains valid only until the meeting of the board
at which a decision is made on the respiratory deleted text begin care practitioner'sdeleted text end new text begin therapist'snew text end application
for deleted text begin registrationdeleted text end new text begin licensurenew text end .
deleted text begin Subd. 4. deleted text end
deleted text begin Temporary registration. deleted text end
deleted text begin
The board may issue temporary registration as a
respiratory care practitioner for a period of one year to an applicant for registration under
this section if the application for registration is complete, all applicable requirements
have been met with exception of completion of a credentialing examination, and a
nonrefundable fee set by the board has been paid. A respiratory care practitioner with
temporary registration may qualify for full registration status upon submission of verified
documentation that the respiratory care practitioner has achieved a qualifying score on a
credentialing examination within one year after receiving temporary registration status.
Temporary registration may not be renewed.
deleted text end
deleted text begin Subd. 5. deleted text end
deleted text begin Practice limitations with temporary registration. deleted text end
deleted text begin
A respiratory care
practitioner with temporary registration is limited to working under the direct supervision
of a registered respiratory care practitioner or physician able to provide qualified medical
direction. The respiratory care practitioner or physician must be present in the health care
facility or readily available by telecommunication at the time the respiratory care services
are being provided. A registered respiratory care practitioner may supervise no more than
two respiratory care practitioners with temporary registration status.
deleted text end
Subd. 6.
deleted text begin Registrationdeleted text end new text begin License new text end expiration.
deleted text begin Registrationsdeleted text end new text begin Licensesnew text end issued under this
chapter expire annually.
Subd. 7.
Renewal.
(a) To be eligible for deleted text begin registrationdeleted text end new text begin licensenew text end renewal a deleted text begin registrantdeleted text end new text begin
licenseenew text end must:
(1) annually, or as determined by the board, complete a renewal application on a
form provided by the board;
(2) submit the renewal fee;
(3) provide evidence every two years of a total of 24 hours of continuing education
approved by the board as described in section 147C.25; and
(4) submit any additional information requested by the board to clarify information
presented in the renewal application. The information must be submitted within 30 days
after the board's request, or the renewal request is nullified.
(b) Applicants for renewal who have not practiced the equivalent of eight full weeks
during the past five years must achieve a passing score on retaking the credentialing
examinationdeleted text begin , or complete no less than eight weeks of advisory council-approved
supervised clinical experience having a broad base of treatment modalities and patient caredeleted text end .
Subd. 8.
Change of address.
A deleted text begin registrantdeleted text end new text begin licenseenew text end who changes addresses must
inform the board within 30 days, in writing, of the change of address. All notices or
other correspondence mailed to or served on a deleted text begin registrantdeleted text end new text begin licenseenew text end by the board at the
deleted text begin registrant'sdeleted text end new text begin licensee'snew text end address on file with the board shall be considered as having been
received by the deleted text begin registrantdeleted text end new text begin licenseenew text end .
Subd. 9.
deleted text begin Registrationdeleted text end new text begin Licensenew text end renewal notice.
At least 30 days before the
deleted text begin registrationdeleted text end new text begin licensenew text end renewal date, the board shall send out a renewal notice to the last
known address of the deleted text begin registrantdeleted text end new text begin licenseenew text end on file. The notice must include a renewal
application and a notice of fees required for renewal. It must also inform the deleted text begin registrantdeleted text end new text begin
licenseenew text end that deleted text begin registrationdeleted text end new text begin the licensenew text end will expire without further action by the board if an
application for deleted text begin registrationdeleted text end new text begin licensenew text end renewal is not received before the deadline for renewal.
The deleted text begin registrant'sdeleted text end new text begin licensee'snew text end failure to receive this notice shall not relieve the deleted text begin registrantdeleted text end new text begin
licenseenew text end of the obligation to meet the deadline and other requirements for deleted text begin registrationdeleted text end new text begin
licensenew text end renewal. Failure to receive this notice is not grounds for challenging expiration of
deleted text begin registereddeleted text end new text begin licensurenew text end status.
Subd. 10.
Renewal deadline.
The renewal application and fee must be postmarked
on or before July 1 of the year of renewal or as determined by the board. If the postmark is
illegible, the application shall be considered timely if received by the third working day
after the deadline.
deleted text begin Subd. 11. deleted text end
deleted text begin Inactive status and return to active status. deleted text end
deleted text begin
(a) A registration may be
placed in inactive status upon application to the board by the registrant and upon payment
of an inactive status fee.
deleted text end
deleted text begin
(b) Registrants seeking restoration to active from inactive status must pay the current
renewal fees and all unpaid back inactive fees. They must meet the criteria for renewal
specified in subdivision 7, including continuing education hours equivalent to one hour for
each month of inactive status, prior to submitting an application to regain registered status.
If the inactive status extends beyond five years, a qualifying score on a credentialing
examination, or completion of an advisory council-approved eight-week supervised
clinical training experience is required. If the registrant intends to regain active registration
by means of eight weeks of advisory council-approved clinical training experience, the
registrant shall be granted temporary registration for a period of no longer than six months.
deleted text end
Subd. 12.
deleted text begin Registrationdeleted text end new text begin Licensurenew text end following lapse of deleted text begin registrationdeleted text end new text begin licensednew text end status
for two years or less.
For any individual whose deleted text begin registration statusdeleted text end new text begin licensenew text end has lapsed for
two years or less, to regain deleted text begin registration statusdeleted text end new text begin a licensenew text end , the individual must:
(1) apply for deleted text begin registrationdeleted text end new text begin licensenew text end renewal according to subdivision 7;
(2) document compliance with the continuing education requirements of section
147C.25 since the deleted text begin registrant'sdeleted text end new text begin licensee'snew text end initial deleted text begin registrationdeleted text end new text begin licensurenew text end or last renewal; and
(3) submit the fees required under section 147C.40 for the period not deleted text begin registereddeleted text end new text begin
licensednew text end , including the fee for late renewal.
Subd. 13.
Cancellation due to nonrenewal.
The board shall not renew, reissue,
reinstate, or restore a deleted text begin registrationdeleted text end new text begin licensenew text end that has lapsed and has not been renewed within
two annual deleted text begin registrationdeleted text end renewal cycles deleted text begin starting July 1997deleted text end . A deleted text begin registrantdeleted text end new text begin licenseenew text end whose
deleted text begin registrationdeleted text end new text begin licensenew text end is canceled for nonrenewal must obtain a new deleted text begin registrationdeleted text end new text begin licensenew text end by
applying for deleted text begin registrationdeleted text end new text begin licensurenew text end and fulfilling all requirements then in existence for
initial deleted text begin registrationdeleted text end new text begin licensurenew text end as a respiratory deleted text begin care practitionerdeleted text end new text begin therapistnew text end .
Subd. 14.
Cancellation of deleted text begin registrationdeleted text end new text begin licensenew text end in good standing.
(a) A registrantnew text begin
licenseenew text end holding new text begin an new text end active deleted text begin registrationdeleted text end new text begin licensenew text end as a respiratory deleted text begin care practitionerdeleted text end new text begin therapistnew text end in
the state may, upon approval of the board, be granted deleted text begin registrationdeleted text end new text begin licensenew text end cancellation if
the board is not investigating the person as a result of a complaint or information received
or if the board has not begun disciplinary proceedings against the deleted text begin registrantdeleted text end new text begin licenseenew text end .
Such action by the board shall be reported as a cancellation of deleted text begin registrationdeleted text end new text begin a licensenew text end in
good standing.
(b) A deleted text begin registrantdeleted text end new text begin licenseenew text end who receives board approval for deleted text begin registrationdeleted text end new text begin licensenew text end
cancellation is not entitled to a refund of any deleted text begin registrationdeleted text end new text begin licensurenew text end fees paid for the
deleted text begin registrationdeleted text end new text begin licensenew text end year in which cancellation of the deleted text begin registrationdeleted text end new text begin licensenew text end occurred.
(c) To obtain deleted text begin registrationdeleted text end new text begin a licensenew text end after cancellation, a deleted text begin registrantdeleted text end new text begin licenseenew text end must
obtain a new deleted text begin registrationdeleted text end new text begin licensenew text end by applying for deleted text begin registrationdeleted text end new text begin licensurenew text end and fulfilling the
requirements then in existence for obtaining initial deleted text begin registrationdeleted text end new text begin licensurenew text end as a respiratory
deleted text begin care practitionerdeleted text end new text begin therapistnew text end .
Sec. 5.
Minnesota Statutes 2008, section 147C.20, is amended to read:
147C.20 BOARD ACTION ON APPLICATIONS FOR deleted text begin REGISTRATIONdeleted text end new text begin
LICENSUREnew text end .
(a) The board shall act on each application for deleted text begin registrationdeleted text end new text begin licensurenew text end according
to paragraphs (b) to (d).
(b) The board shall determine if the applicant meets the requirements for deleted text begin registrationdeleted text end new text begin
licensurenew text end under section 147C.15. The board or advisory council may investigate
information provided by an applicant to determine whether the information is accurate
and complete.
(c) The board shall notify each applicant in writing of action taken on the application,
the grounds for denying deleted text begin registrationdeleted text end new text begin licensurenew text end if deleted text begin registrationdeleted text end new text begin licensurenew text end is denied, and the
applicant's right to review under paragraph (d).
(d) Applicants denied deleted text begin registrationdeleted text end new text begin licensurenew text end may make a written request to the
board, within 30 days of the board's notice, to appear before the advisory council new text begin or its
designee new text end and for the advisory council to review the board's decision to deny the applicant's
deleted text begin registrationdeleted text end new text begin licensurenew text end . After reviewing the denial, the advisory council shall make a
recommendation to the board as to whether the denial shall be affirmed. Each applicant is
allowed only one request for review per yearly deleted text begin registrationdeleted text end new text begin licensurenew text end period.
Sec. 6.
Minnesota Statutes 2008, section 147C.25, is amended to read:
147C.25 CONTINUING EDUCATION REQUIREMENTS.
Subdivision 1.
Number of required contact hours.
Two years after the date
of initial deleted text begin registrationdeleted text end new text begin licensurenew text end , and every two years thereafter, a deleted text begin registrantdeleted text end new text begin licenseenew text end
applying for deleted text begin registrationdeleted text end new text begin licensenew text end renewal must complete a minimum of 24 contact hours
of board-approved continuing education in the two years preceding deleted text begin registrationdeleted text end new text begin licensenew text end
renewal and attest to completion of continuing education requirements by reporting to
the board.
Subd. 2.
Approved programs.
The board shall approve continuing education
programs that have been approved for continuing education credit by the American
Association of Respiratory Care or the Minnesota Society for Respiratory Care or their
successor organizations. The board shall also approve programs substantially related to
respiratory deleted text begin caredeleted text end new text begin therapynew text end that are sponsored by an accredited university or college, medical
school, state or national medical association, national medical specialty society, or that are
approved for continuing education credit by the Minnesota Board of Nursing.
Subd. 3.
Approval of continuing education programs.
The board shall also
approve continuing education programs that do not meet the requirements of subdivision 2
but that meet the following criteria:
(1) the program content directly relates to the practice of respiratory deleted text begin caredeleted text end new text begin therapynew text end ;
(2) each member of the program faculty is knowledgeable in the subject matter as
demonstrated by a degree from an accredited education program, verifiable experience in
the field of respiratory deleted text begin caredeleted text end new text begin therapynew text end , special training in the subject matter, or experience
teaching in the subject area;
(3) the program lasts at least one contact hour;
(4) there are specific, measurable, written objectives, consistent with the program,
describing the expected outcomes for the participants; and
(5) the program sponsor has a mechanism to verify participation and maintains
attendance records for three years.
Subd. 4.
Hospital, health care facility, or medical company in-services.
Hospital,
health care facility, or medical company in-service programs may qualify for continuing
education credits provided they meet the requirements of this section.
Subd. 5.
Accumulation of contact hours.
A deleted text begin registrantdeleted text end new text begin licenseenew text end may not apply
contact hours acquired in one two-year reporting period to a future continuing education
reporting period.
Subd. 6.
Verification of continuing education credits.
The board shall periodically
select a random sample of deleted text begin registrantsdeleted text end new text begin licenseesnew text end and require those deleted text begin registrantsdeleted text end new text begin licenseesnew text end to
supply the board with evidence of having completed the continuing education to which
they attested. Documentation may come directly from the deleted text begin registrantdeleted text end new text begin licenseenew text end or from state
or national organizations that maintain continuing education records.
Subd. 7.
Restriction on continuing education topics.
A deleted text begin registrantdeleted text end new text begin licenseenew text end may
apply no more than a combined total of eight hours of continuing education in the areas
of management, risk management, personal growth, and educational techniques to a
two-year reporting period.
Subd. 8.
Credit for credentialing examination.
A deleted text begin registrantdeleted text end new text begin licenseenew text end may fulfill
the continuing education requirements for a two-year reporting period by achieving a
qualifying score on one of the credentialing examinations or a specialty credentialing
examination of the National Board for Respiratory Care or another board-approved testing
organization. A deleted text begin registrantdeleted text end new text begin licenseenew text end may achieve 12 hours of continuing education credit
by completing a National Board for Respiratory Care or other board-approved testing
organization's specialty examination.
Sec. 7.
Minnesota Statutes 2008, section 147C.30, is amended to read:
147C.30 DISCIPLINE; REPORTING.
For purposes of this chapter, deleted text begin registereddeleted text end new text begin licensednew text end respiratory deleted text begin care practitionersdeleted text end
new text begin therapists new text end and applicants are subject to the provisions of sections 147.091 to 147.162.
Sec. 8.
Minnesota Statutes 2008, section 147C.35, is amended to read:
147C.35 RESPIRATORY CARE deleted text begin PRACTITIONERdeleted text end ADVISORY COUNCIL.
Subdivision 1.
Membership.
The board shall appoint a seven-member Respiratory
Care deleted text begin Practitionerdeleted text end Advisory Council consisting of two public members as defined in section
214.02, three deleted text begin registereddeleted text end new text begin licensednew text end respiratory deleted text begin care practitionersdeleted text end new text begin therapistsnew text end , and two licensed
physicians with expertise in respiratory care.
Subd. 2.
Organization.
The advisory council shall be organized and administered
under section 15.059.
Subd. 3.
Duties.
The advisory council shall:
(1) advise the board regarding standards for respiratory deleted text begin care practitionersdeleted text end new text begin therapistsnew text end ;
(2) provide for distribution of information regarding respiratory deleted text begin care practitionerdeleted text end new text begin
therapynew text end standards;
(3) advise the board on enforcement of sections 147.091 to 147.162;
(4) review applications and recommend granting or denying deleted text begin registrationdeleted text end new text begin licensurenew text end
or deleted text begin registrationdeleted text end new text begin licensenew text end renewal;
(5) advise the board on issues related to receiving and investigating complaints,
conducting hearings, and imposing disciplinary action in relation to complaints against
respiratory deleted text begin care practitionersdeleted text end new text begin therapistsnew text end ;
(6) advise the board regarding approval of continuing education programs using the
criteria in section 147C.25, subdivision 3; and
(7) perform other duties authorized for advisory councils by chapter 214, as directed
by the board.
Sec. 9.
Minnesota Statutes 2008, section 147C.40, is amended to read:
147C.40 FEES.
Subdivision 1.
Fees.
The board shall adopt rules setting:
(1) deleted text begin registrationdeleted text end new text begin licensurenew text end fees;
(2) renewal fees;
(3) late fees;
(4) inactive status fees;new text begin and
new text end
(5) fees for temporary permitsdeleted text begin ; and
deleted text end
deleted text begin (6) fees for temporary registrationdeleted text end .
Subd. 2.
Proration of fees.
The board may prorate the initial annual deleted text begin registrationdeleted text end new text begin
licensenew text end fee. All deleted text begin registrantsdeleted text end new text begin licenseesnew text end are required to pay the full fee upon deleted text begin registrationdeleted text end new text begin
licensenew text end renewal.
Subd. 3.
Penalty fee for late renewals.
An application for deleted text begin registrationdeleted text end new text begin licensenew text end
renewal submitted after the deadline must be accompanied by a late fee in addition to the
required fees.
Subd. 4.
Nonrefundable fees.
All of the fees in subdivision 1 are nonrefundable.
ARTICLE 5
PHYSICIAN ASSISTANTS
Section 1.
Minnesota Statutes 2008, section 144.1501, subdivision 1, is amended to
read:
Subdivision 1.
Definitions.
(a) For purposes of this section, the following definitions
apply.
(b) "Dentist" means an individual who is licensed to practice dentistry.
(c) "Designated rural area" means:
(1) an area in Minnesota outside the counties of Anoka, Carver, Dakota, Hennepin,
Ramsey, Scott, and Washington, excluding the cities of Duluth, Mankato, Moorhead,
Rochester, and St. Cloud; or
(2) a municipal corporation, as defined under section 471.634, that is physically
located, in whole or in part, in an area defined as a designated rural area under clause (1).
(d) "Emergency circumstances" means those conditions that make it impossible for
the participant to fulfill the service commitment, including death, total and permanent
disability, or temporary disability lasting more than two years.
(e) "Medical resident" means an individual participating in a medical residency in
family practice, internal medicine, obstetrics and gynecology, pediatrics, or psychiatry.
(f) "Midlevel practitioner" means a nurse practitioner, nurse-midwife, nurse
anesthetist, advanced clinical nurse specialist, or physician assistant.
(g) "Nurse" means an individual who has completed training and received all
licensing or certification necessary to perform duties as a licensed practical nurse or
registered nurse.
(h) "Nurse-midwife" means a registered nurse who has graduated from a program of
study designed to prepare registered nurses for advanced practice as nurse-midwives.
(i) "Nurse practitioner" means a registered nurse who has graduated from a program
of study designed to prepare registered nurses for advanced practice as nurse practitioners.
(j) "Pharmacist" means an individual with a valid license issued under chapter 151.
(k) "Physician" means an individual who is licensed to practice medicine in the areas
of family practice, internal medicine, obstetrics and gynecology, pediatrics, or psychiatry.
(l) "Physician assistant" means a person deleted text begin registereddeleted text end new text begin licensednew text end under chapter 147A.
(m) "Qualified educational loan" means a government, commercial, or foundation
loan for actual costs paid for tuition, reasonable education expenses, and reasonable living
expenses related to the graduate or undergraduate education of a health care professional.
(n) "Underserved urban community" means a Minnesota urban area or population
included in the list of designated primary medical care health professional shortage areas
(HPSAs), medically underserved areas (MUAs), or medically underserved populations
(MUPs) maintained and updated by the United States Department of Health and Human
Services.
Sec. 2.
Minnesota Statutes 2008, section 144E.001, subdivision 3a, is amended to read:
Subd. 3a.
Ambulance service personnel.
"Ambulance service personnel" means
individuals who are authorized by a licensed ambulance service to provide emergency
care for the ambulance service and are:
(1) EMTs, EMT-Is, or EMT-Ps;
(2) Minnesota registered nurses who are: (i) EMTs, are currently practicing
nursing, and have passed a paramedic practical skills test, as approved by the board
and administered by a training program approved by the board; (ii) on the roster of an
ambulance service on or before January 1, 2000; or (iii) after petitioning the board,
deemed by the board to have training and skills equivalent to an EMT, as determined on
a case-by-case basis; or
(3) Minnesota deleted text begin registereddeleted text end new text begin licensednew text end physician assistants who are: (i) EMTs, are
currently practicing as physician assistants, and have passed a paramedic practical skills
test, as approved by the board and administered by a training program approved by the
board; (ii) on the roster of an ambulance service on or before January 1, 2000; or (iii) after
petitioning the board, deemed by the board to have training and skills equivalent to an
EMT, as determined on a case-by-case basis.
Sec. 3.
Minnesota Statutes 2008, section 144E.001, subdivision 9c, is amended to read:
Subd. 9c.
Physician assistant.
"Physician assistant" means a person deleted text begin registereddeleted text end new text begin
licensednew text end to practice as a physician assistant under chapter 147A.
Sec. 4.
Minnesota Statutes 2008, section 147.09, is amended to read:
147.09 EXEMPTIONS.
Section 147.081 does not apply to, control, prevent or restrict the practice, service,
or activities of:
(1) A person who is a commissioned medical officer of, a member of, or employed
by, the armed forces of the United States, the United States Public Health Service, the
Veterans Administration, any federal institution or any federal agency while engaged in
the performance of official duties within this state, if the person is licensed elsewhere.
(2) A licensed physician from a state or country who is in actual consultation here.
(3) A licensed or registered physician who treats the physician's home state patients
or other participating patients while the physicians and those patients are participating
together in outdoor recreation in this state as defined by section 86A.03, subdivision 3.
A physician shall first register with the board on a form developed by the board for that
purpose. The board shall not be required to promulgate the contents of that form by rule.
No fee shall be charged for this registration.
(4) A student practicing under the direct supervision of a preceptor while the student
is enrolled in and regularly attending a recognized medical school.
(5) A student who is in continuing training and performing the duties of an intern or
resident or engaged in postgraduate work considered by the board to be the equivalent of
an internship or residency in any hospital or institution approved for training by the board,
provided the student has a residency permit issued by the board under section 147.0391.
(6) A person employed in a scientific, sanitary, or teaching capacity by the state
university, the Department of Education, a public or private school, college, or other
bona fide educational institution, a nonprofit organization, which has tax-exempt status
in accordance with the Internal Revenue Code, section 501(c)(3), and is organized and
operated primarily for the purpose of conducting scientific research directed towards
discovering the causes of and cures for human diseases, or the state Department of Health,
whose duties are entirely of a research, public health, or educational character, while
engaged in such duties; provided that if the research includes the study of humans, such
research shall be conducted under the supervision of one or more physicians licensed
under this chapter.
(7) deleted text begin Physician'sdeleted text end new text begin Physiciannew text end assistants deleted text begin registereddeleted text end new text begin licensednew text end in this state.
(8) A doctor of osteopathy duly licensed by the state Board of Osteopathy under
Minnesota Statutes 1961, sections 148.11 to 148.16, prior to May 1, 1963, who has not
been granted a license to practice medicine in accordance with this chapter provided that
the doctor confines activities within the scope of the license.
(9) Any person licensed by a health-related licensing board, as defined in section
214.01, subdivision 2, or registered by the commissioner of health pursuant to section
214.13, including psychological practitioners with respect to the use of hypnosis; provided
that the person confines activities within the scope of the license.
(10) A person who practices ritual circumcision pursuant to the requirements or
tenets of any established religion.
(11) A Christian Scientist or other person who endeavors to prevent or cure disease
or suffering exclusively by mental or spiritual means or by prayer.
(12) A physician licensed to practice medicine in another state who is in this state
for the sole purpose of providing medical services at a competitive athletic event. The
physician may practice medicine only on participants in the athletic event. A physician
shall first register with the board on a form developed by the board for that purpose. The
board shall not be required to adopt the contents of the form by rule. The physician shall
provide evidence satisfactory to the board of a current unrestricted license in another state.
The board shall charge a fee of $50 for the registration.
(13) A psychologist licensed under section 148.907 or a social worker licensed
under chapter 148D who uses or supervises the use of a penile or vaginal plethysmograph
in assessing and treating individuals suspected of engaging in aberrant sexual behavior
and sex offenders.
(14) Any person issued a training course certificate or credentialed by the Emergency
Medical Services Regulatory Board established in chapter 144E, provided the person
confines activities within the scope of training at the certified or credentialed level.
(15) An unlicensed complementary and alternative health care practitioner practicing
according to chapter 146A.
Sec. 5.
Minnesota Statutes 2008, section 147A.01, is amended to read:
147A.01 DEFINITIONS.
Subdivision 1.
Scope.
For the purpose of this chapter the terms defined in this
section have the meanings given them.
deleted text begin Subd. 2. deleted text end
deleted text begin Active status. deleted text end
deleted text begin
"Active status" means the status of a person who has met all
the qualifications of a physician assistant, has a physician-physician assistant agreement in
force, and is registered.
deleted text end
Subd. 3.
Administer.
"Administer" means the delivery by a physician assistant
authorized to prescribe legend drugs, a single dose of a legend drug, including controlled
substances, to a patient by injection, inhalation, ingestion, or by any other immediate
means, and the delivery by a physician assistant ordered by a physician a single dose of a
legend drug by injection, inhalation, ingestion, or by any other immediate means.
Subd. 5.
Alternate supervising physician.
"Alternate supervising physician"
means a Minnesota licensed physician listed in the physician-physician assistant
new text begin delegation new text end agreementnew text begin , or supplemental listing,new text end who is responsible for supervising
the physician assistant when the deleted text begin maindeleted text end new text begin primarynew text end supervising physician is unavailable.
The alternate supervising physician shall accept full medical responsibility for the
performance, practice, and activities of the physician assistant while under the supervision
of the alternate supervising physician.
Subd. 6.
Board.
"Board" means the Board of Medical Practice or its designee.
Subd. 7.
Controlled substances.
"Controlled substances" has the meaning given it
in section 152.01, subdivision 4.
deleted text begin Subd. 8. deleted text end
deleted text begin Delegation form. deleted text end
deleted text begin
"Delegation form" means the form used to indicate the
categories of drugs for which the authority to prescribe, administer, and dispense has been
delegated to the physician assistant and signed by the supervising physician, any alternate
supervising physicians, and the physician assistant. This form is part of the agreement
described in section 147A.20, and shall be maintained by the supervising physician and
physician assistant at the address of record. Copies shall be provided to the board upon
request. "Addendum to the delegation form" means a separate listing of the schedules
and categories of controlled substances, if any, for which the physician assistant has been
delegated the authority to prescribe, administer, and dispense. The addendum shall be
maintained as a separate document as described above.
deleted text end
Subd. 9.
Diagnostic order.
"Diagnostic order" means a directive to perform
a procedure or test, the purpose of which is to determine the cause and nature of a
pathological condition or disease.
Subd. 10.
Drug.
"Drug" has the meaning given it in section 151.01, subdivision 5,
including controlled substances as defined in section 152.01, subdivision 4.
Subd. 11.
Drug category.
"Drug category" means one of the categories listed on the
new text begin physician-physician assistant new text end delegation deleted text begin formdeleted text end new text begin agreementnew text end .
Subd. 12.
Inactive deleted text begin statusdeleted text end .
"Inactive deleted text begin statusdeleted text end " means deleted text begin the status of a person who has
met all the qualifications of a physician assistant, and is registered, but does not have a
physician-physician assistant agreement in forcedeleted text end new text begin a licensed physician assistant whose
license has been placed on inactive status under section 147A.05new text end .
deleted text begin Subd. 13. deleted text end
deleted text begin Internal protocol. deleted text end
deleted text begin
"Internal protocol" means a document written by
the supervising physician and the physician assistant which specifies the policies and
procedures which will apply to the physician assistant's prescribing, administering,
and dispensing of legend drugs and medical devices, including controlled substances
as defined in section 152.01, subdivision 4, and lists the specific categories of drugs
and medical devices, with any exceptions or conditions, that the physician assistant
is authorized to prescribe, administer, and dispense. The supervising physician and
physician assistant shall maintain the protocol at the address of record. Copies shall be
provided to the board upon request.
deleted text end
new text begin Subd. 14a. new text end
new text begin Licensed. new text end
new text begin
"Licensed" means meeting the qualifications in section
147A.02 and being issued a license by the board.
new text end
new text begin Subd. 14b. new text end
new text begin Licensure. new text end
new text begin
"Licensure" means the process by which the board
determines that an applicant has met the standards and qualifications in this chapter.
new text end
deleted text begin Subd. 15. deleted text end
deleted text begin Locum tenens permit. deleted text end
deleted text begin
"Locum tenens permit" means time specific
temporary permission for a physician assistant to practice as a physician assistant in
a setting other than the practice setting established in the physician-physician assistant
agreement.
deleted text end
Subd. 16.
Medical device.
"Medical device" means durable medical equipment and
assistive or rehabilitative appliances, objects, or products that are required to implement
the overall plan of care for the patient and that are restricted by federal law to use upon
prescription by a licensed practitioner.
new text begin Subd. 16a. new text end
new text begin Notice of intent to practice. new text end
new text begin
"Notice of intent to practice" means
a document sent to the board by a licensed physician assistant that documents the
adoption of a physician-physician assistant delegation agreement and provides the names,
addresses, and information required by section 147A.20.
new text end
Subd. 17.
Physician.
"Physician" means a person currently licensed in good
standing as a physician or osteopath under chapter 147.
new text begin Subd. 17a. new text end
new text begin
Physician-physician assistant delegation agreement.
new text end
new text begin
"Physician-physician assistant delegation agreement" means the document prepared and
signed by the physician and physician assistant affirming the supervisory relationship and
defining the physician assistant scope of practice. Alternate supervising physicians must
be identified on the delegation agreement or a supplemental listing with signed attestation
that each shall accept full medical responsibility for the performance, practice, and
activities of the physician assistant while under the supervision of the alternate supervising
physician. The physician-physician assistant delegation agreement outlines the role of
the physician assistant in the practice, describes the means of supervision, and specifies
the categories of drugs, controlled substances, and medical devices that the supervising
physician delegates to the physician assistant to prescribe. The physician-physician
assistant delegation agreement must comply with the requirements of section 147A.20, be
kept on file at the address of record, and be made available to the board or its representative
upon request. A physician-physician assistant delegation agreement may not authorize a
physician assistant to perform a chiropractic procedure.
new text end
Subd. 18.
Physician assistant or deleted text begin registereddeleted text end new text begin licensednew text end physician assistant.
"Physician assistant" or "deleted text begin registereddeleted text end new text begin licensednew text end physician assistant" means a person deleted text begin registereddeleted text end new text begin
licensednew text end pursuant to this chapter who deleted text begin is qualified by academic or practical training or
both to provide patient services as specified in this chapter, under the supervision of a
supervising physiciandeleted text end new text begin meets the qualifications in section 147A.02new text end .
deleted text begin Subd. 19. deleted text end
deleted text begin Practice setting description. deleted text end
deleted text begin
"Practice setting description" means a
signed record submitted to the board on forms provided by the board, on which:
deleted text end
deleted text begin
(1) the supervising physician assumes full medical responsibility for the medical
care rendered by a physician assistant;
deleted text end
deleted text begin
(2) is recorded the address and phone number of record of each supervising
physician and alternate, and the physicians' medical license numbers and DEA number;
deleted text end
deleted text begin
(3) is recorded the address and phone number of record of the physician assistant
and the physician assistant's registration number and DEA number;
deleted text end
deleted text begin
(4) is recorded whether the physician assistant has been delegated prescribing,
administering, and dispensing authority;
deleted text end
deleted text begin
(5) is recorded the practice setting, address or addresses and phone number or
numbers of the physician assistant; and
deleted text end
deleted text begin
(6) is recorded a statement of the type, amount, and frequency of supervision.
deleted text end
Subd. 20.
Prescribe.
"Prescribe" means to direct, order, or designate by means of a
prescription the preparation, use of, or manner of using a drug or medical device.
Subd. 21.
Prescription.
"Prescription" means a signed written order, deleted text begin ordeleted text end an oral
order reduced to writing,new text begin or an electronic order meeting current and prevailing standardsnew text end
given by a physician assistant authorized to prescribe drugs for patients in the course
of the physician assistant's practice, issued for an individual patient and containing the
information required in the new text begin physician-physician assistant new text end delegation deleted text begin formdeleted text end new text begin agreementnew text end .
deleted text begin Subd. 22. deleted text end
deleted text begin Registration. deleted text end
deleted text begin
"Registration" is the process by which the board determines
that an applicant has been found to meet the standards and qualifications found in this
chapter.
deleted text end
Subd. 23.
Supervising physician.
"Supervising physician" means a Minnesota
licensed physician who accepts full medical responsibility for the performance, practice,
and activities of a physician assistant under an agreement as described in section 147A.20.
new text begin The supervising physician who completes and signs the delegation agreement may be
referred to as the primary supervising physician. new text end A supervising physician shall not
supervise more than deleted text begin twodeleted text end new text begin fivenew text end full-time equivalent physician assistants simultaneously.
new text begin With the approval of the board, or in a disaster or emergency situation pursuant to section
147A.23, a supervising physician may supervise more than five full-time equivalent
physician assistants simultaneously.
new text end
Subd. 24.
Supervision.
"Supervision" means overseeing the activities of, and
accepting responsibility for, the medical services rendered by a physician assistant. The
constant physical presence of the supervising physician is not required so long as the
supervising physician and physician assistant are or can be easily in contact with one
another by radio, telephone, or other telecommunication device. The scope and nature of
the supervision shall be defined by the individual physician-physician assistantnew text begin delegationnew text end
agreement.
Subd. 25.
Temporary deleted text begin registrationdeleted text end new text begin licensenew text end .
deleted text begin
"Temporary registration" means the
status of a person who has satisfied the education requirement specified in this chapter;
is enrolled in the next examination required in this chapter; or is awaiting examination
results; has a physician-physician assistant agreement in force as required by this chapter,
and has submitted a practice setting description to the board. Such provisional registration
shall expire 90 days after completion of the next examination sequence, or after one year,
whichever is sooner, for those enrolled in the next examination; and upon receipt of the
examination results for those awaiting examination results. The registration shall be
granted by the board or its designee.
deleted text end
new text begin
"Temporary license" means a license granted to a
physician assistant who meets all of the qualifications for licensure but has not yet been
approved for licensure at a meeting of the board.
new text end
Subd. 26.
Therapeutic order.
"Therapeutic order" means an order given to another
for the purpose of treating or curing a patient in the course of a physician assistant's
practice. Therapeutic orders may be written or verbal, but do not include the prescribing
of legend drugs or medical devices unless prescribing authority has been delegated within
the physician-physician assistant new text begin delegation new text end agreement.
Subd. 27.
Verbal order.
"Verbal order" means an oral order given to another for
the purpose of treating or curing a patient in the course of a physician assistant's practice.
Verbal orders do not include the prescribing of legend drugs unless prescribing authority
has been delegated within the physician-physician assistant new text begin delegation new text end agreement.
Sec. 6.
Minnesota Statutes 2008, section 147A.02, is amended to read:
147A.02 QUALIFICATIONS FOR deleted text begin REGISTRATIONdeleted text end new text begin LICENSUREnew text end .
Except as otherwise provided in this chapter, an individual shall be deleted text begin registereddeleted text end new text begin
licensednew text end by the board before the individual may practice as a physician assistant.
The board may grant deleted text begin registrationdeleted text end new text begin a licensenew text end as a physician assistant to an applicant
who:
(1) submits an application on forms approved by the board;
(2) pays the appropriate fee as determined by the board;
(3) has current certification from the National Commission on Certification of
Physician Assistants, or its successor agency as approved by the board;
(4) certifies that the applicant is mentally and physically able to engage safely in
practice as a physician assistant;
(5) has no licensure, certification, or registration as a physician assistant under
current discipline, revocation, suspension, or probation for cause resulting from the
applicant's practice as a physician assistant, unless the board considers the condition
and agrees to licensure;
(6) submits any other information the board deems necessary to evaluate the
applicant's qualifications; and
(7) has been approved by the board.
All persons registered as physician assistants as of June 30, 1995, are eligible for
continuing deleted text begin registrationdeleted text end new text begin licensenew text end renewal. All persons applying for deleted text begin registrationdeleted text end new text begin licensurenew text end
after that date shall be deleted text begin registereddeleted text end new text begin licensednew text end according to this chapter.
Sec. 7.
Minnesota Statutes 2008, section 147A.03, is amended to read:
147A.03 PROTECTED TITLES AND RESTRICTIONS ON USE.
Subdivision 1.
Protected titles.
No individual may use the titles "Minnesota
deleted text begin Registereddeleted text end new text begin Licensednew text end Physician Assistant," "deleted text begin Registereddeleted text end new text begin Licensednew text end Physician Assistant,"
"Physician Assistant," or "PA" in connection with the individual's name, or any other
words, letters, abbreviations, or insignia indicating or implying that the individual is
deleted text begin registered withdeleted text end new text begin licensed bynew text end the state unless they have been deleted text begin registereddeleted text end new text begin licensednew text end according
to this chapter.
Subd. 2.
Health care practitioners.
Individuals practicing in a health care
occupation are not restricted in the provision of services included in this chapter as long as
they do not hold themselves out as physician assistants by or through the titles provided in
subdivision 1 in association with provision of these services.
deleted text begin Subd. 3. deleted text end
deleted text begin Identification of registered practitioners. deleted text end
deleted text begin
Physician assistants in
Minnesota shall wear name tags which identify them as physician assistants.
deleted text end
Subd. 4.
Sanctions.
Individuals who hold themselves out as physician assistants by
or through any of the titles provided in subdivision 1 without prior deleted text begin registrationdeleted text end new text begin licensurenew text end
shall be subject to sanctions or actions against continuing the activity according to section
214.11, or other authority.
Sec. 8.
Minnesota Statutes 2008, section 147A.04, is amended to read:
147A.04 TEMPORARY deleted text begin PERMITdeleted text end new text begin LICENSEnew text end .
The board may issue a temporary deleted text begin permitdeleted text end new text begin licensenew text end to practice to a physician assistant
eligible for deleted text begin registrationdeleted text end new text begin licensurenew text end under this chapter only if the application for deleted text begin registrationdeleted text end new text begin
licensurenew text end is complete, all requirements have been met, and a nonrefundable fee set by
the board has been paid. The deleted text begin permitdeleted text end new text begin temporary licensenew text end remains valid only until the
new text begin next new text end meeting of the board at which a decision is made on the application for deleted text begin registrationdeleted text end new text begin
licensurenew text end .
Sec. 9.
Minnesota Statutes 2008, section 147A.05, is amended to read:
147A.05 INACTIVE deleted text begin REGISTRATIONdeleted text end new text begin LICENSEnew text end .
Physician assistants who notify the board in writing deleted text begin on forms prescribed by the board
deleted text end may elect to place their deleted text begin registrationsdeleted text end new text begin licensenew text end on an inactive status. Physician assistants
with an inactive deleted text begin registrationdeleted text end new text begin licensenew text end shall be excused from payment of renewal fees and
shall not practice as physician assistants. Persons who engage in practice while their
deleted text begin registrations aredeleted text end new text begin license isnew text end lapsed or on inactive status shall be considered to be practicing
without deleted text begin registrationdeleted text end new text begin a licensenew text end , which shall be grounds for discipline under section 147A.13.
new text begin Physician assistants who provide care under the provisions of section 147A.23 shall not
be considered practicing without a license or subject to disciplinary action. new text end Physician
assistants deleted text begin requesting restoration from inactive statusdeleted text end new text begin who notify the board of their intent to
resume active practicenew text end shall be required to pay the current renewal fees and all unpaid back
fees and shall be required to meet the criteria for renewal specified in section 147A.07.
Sec. 10.
Minnesota Statutes 2008, section 147A.06, is amended to read:
147A.06 CANCELLATION OF deleted text begin REGISTRATIONdeleted text end new text begin LICENSEnew text end FOR
NONRENEWAL.
The board shall not renew, reissue, reinstate, or restore a deleted text begin registrationdeleted text end new text begin licensenew text end that
has lapsed on or after July 1, 1996, and has not been renewed within two annual renewal
cycles starting July 1, 1997. A deleted text begin registrantdeleted text end new text begin licenseenew text end whose deleted text begin registrationdeleted text end new text begin licensenew text end is canceled
for nonrenewal must obtain a new deleted text begin registrationdeleted text end new text begin licensenew text end by applying for deleted text begin registrationdeleted text end new text begin
licensurenew text end and fulfilling all requirements then in existence for an initial deleted text begin registrationdeleted text end new text begin licensenew text end
to practice as a physician assistant.
Sec. 11.
Minnesota Statutes 2008, section 147A.07, is amended to read:
147A.07 RENEWAL.
A person who holds a deleted text begin registrationdeleted text end new text begin licensenew text end as a physician assistant shallnew text begin annuallynew text end ,
upon notification from the board, renew the deleted text begin registrationdeleted text end new text begin licensenew text end by:
(1) submitting the appropriate fee as determined by the board;
(2) completing the appropriate forms;new text begin and
new text end
(3) meeting any other requirements of the boarddeleted text begin ;
deleted text end
deleted text begin (4) submitting a revised and updated practice setting description showing evidence
of annual review of the physician-physician assistant supervisory agreementdeleted text end .
Sec. 12.
Minnesota Statutes 2008, section 147A.08, is amended to read:
147A.08 EXEMPTIONS.
(a) This chapter does not apply to, control, prevent, or restrict the practice, service,
or activities of persons listed in section 147.09, clauses (1) to (6) and (8) to (13), persons
regulated under section 214.01, subdivision 2, or persons defined in section 144.1501,
subdivision 1, paragraphs (f), (h), and (i).
(b) Nothing in this chapter shall be construed to require deleted text begin registrationdeleted text end new text begin licensurenew text end of:
(1) a physician assistant student enrolled in a physician assistant deleted text begin or surgeon assistant
deleted text end educational program accredited by the deleted text begin Committee on Allied Health Education and
deleted text end Accreditationnew text begin Review Commission on Education for the Physician Assistantnew text end or by its
successor agency approved by the board;
(2) a physician assistant employed in the service of the federal government while
performing duties incident to that employment; or
(3) technicians, other assistants, or employees of physicians who perform delegated
tasks in the office of a physician but who do not identify themselves as a physician
assistant.
Sec. 13.
Minnesota Statutes 2008, section 147A.09, is amended to read:
147A.09 SCOPE OF PRACTICE, DELEGATION.
Subdivision 1.
Scope of practice.
new text begin (a) new text end Physician assistants shall practice medicine
only with physician supervision. Physician assistants may perform those duties and
responsibilities as delegated in the physician-physician assistantnew text begin delegationnew text end agreement
and delegation forms maintained at the address of record by the supervising physician
and physician assistant, including the prescribing, administering, and dispensing ofnew text begin drugs,
controlled substances, andnew text end medical devices deleted text begin and drugsdeleted text end , excluding anesthetics, other than
local anesthetics, injected in connection with an operating room procedure, inhaled
anesthesia and spinal anesthesia.
Patient service must be limited to:
(1) services within the training and experience of the physician assistant;
(2) services customary to the practice of the supervising physiciannew text begin or alternate
supervising physiciannew text end ;
(3) services delegated by the supervising physiciannew text begin or alternate supervising physician
under the physician-physician assistant delegation agreementnew text end ; and
(4) services within the parameters of the laws, rules, and standards of the facilities
in which the physician assistant practices.
new text begin (b)new text end Nothing in this chapter authorizes physician assistants to perform duties
regulated by the boards listed in section 214.01, subdivision 2, other than the Board of
Medical Practice, and except as provided in this section.
new text begin
(c) Physician assistants may not engage in the practice of chiropractic.
new text end
Subd. 2.
Delegation.
Patient services may include, but are not limited to, the
following, as delegated by the supervising physician and authorized in thenew text begin delegationnew text end
agreement:
(1) taking patient histories and developing medical status reports;
(2) performing physical examinations;
(3) interpreting and evaluating patient data;
(4) ordering or performing diagnostic procedures, including deleted text begin radiographydeleted text end new text begin the use of
radiographic imaging systems in compliance with Minnesota Rules, chapter 4732new text end ;
(5) ordering or performing therapeutic proceduresnew text begin including the use of ionizing
radiation in compliance with Minnesota Rules, chapter 4732new text end ;
(6) providing instructions regarding patient care, disease prevention, and health
promotion;
(7) assisting the supervising physician in patient care in the home and in health
care facilities;
(8) creating and maintaining appropriate patient records;
(9) transmitting or executing specific orders at the direction of the supervising
physician;
(10) prescribing, administering, and dispensing deleted text begin legenddeleted text end drugsnew text begin , controlled substances,new text end
and medical devices if this function has been delegated by the supervising physician
pursuant to and subject to the limitations of section 147A.18 and chapter 151. new text begin For
new text end physician assistants who have been delegated the authority to prescribe controlled
substances deleted text begin shall maintain a separate addendum to the delegation form which lists all
schedules and categoriesdeleted text end new text begin such delegation shall be included in the physician-physician
assistant delegation agreement, and all schedulesnew text end of controlled substances deleted text begin whichdeleted text end the
physician assistant has the authority to prescribedeleted text begin . This addendum shall be maintained with
the physician-physician assistant agreement, and the delegation form at the address of
recorddeleted text end new text begin shall be specifiednew text end ;
(11) for physician assistants not delegated prescribing authority, administering
legend drugs and medical devices following prospective review for each patient by and
upon direction of the supervising physician;
(12) functioning as an emergency medical technician with permission of the
ambulance service and in compliance with section 144E.127, and ambulance service rules
adopted by the commissioner of health;
(13) initiating evaluation and treatment procedures essential to providing an
appropriate response to emergency situations; deleted text begin and
deleted text end
(14) certifying a deleted text begin physical disabilitydeleted text end new text begin patient's eligibility for a disability parking
certificatenew text end under section 169.345, subdivision deleted text begin 2adeleted text end new text begin 2;
new text end
new text begin
(15) assisting at surgery; and
new text end
new text begin (16) providing medical authorization for admission for emergency care and
treatment of a patient under section 253B.05, subdivision 2new text end .
Orders of physician assistants shall be considered the orders of their supervising
physicians in all practice-related activities, including, but not limited to, the ordering of
diagnostic, therapeutic, and other medical services.
Sec. 14.
Minnesota Statutes 2008, section 147A.11, is amended to read:
147A.11 EXCLUSIONS OF LIMITATIONS ON EMPLOYMENT.
Nothing in this chapter shall be construed to limit the employment arrangement of a
physician assistant deleted text begin registereddeleted text end new text begin licensednew text end under this chapter.
Sec. 15.
Minnesota Statutes 2008, section 147A.13, is amended to read:
147A.13 GROUNDS FOR DISCIPLINARY ACTION.
Subdivision 1.
Grounds listed.
The board may refuse to grant deleted text begin registrationdeleted text end new text begin licensurenew text end
or may impose disciplinary action as described in this subdivision against any physician
assistant. The following conduct is prohibited and is grounds for disciplinary action:
(1) failure to demonstrate the qualifications or satisfy the requirements for
deleted text begin registrationdeleted text end new text begin licensurenew text end contained in this chapter or rules of the board. The burden of proof
shall be upon the applicant to demonstrate such qualifications or satisfaction of such
requirements;
(2) obtaining deleted text begin registrationdeleted text end new text begin a licensenew text end by fraud or cheating, or attempting to subvert
the examination process. Conduct which subverts or attempts to subvert the examination
process includes, but is not limited to:
(i) conduct which violates the security of the examination materials, such as
removing examination materials from the examination room or having unauthorized
possession of any portion of a future, current, or previously administered licensing
examination;
(ii) conduct which violates the standard of test administration, such as
communicating with another examinee during administration of the examination, copying
another examinee's answers, permitting another examinee to copy one's answers, or
possessing unauthorized materials; and
(iii) impersonating an examinee or permitting an impersonator to take the
examination on one's own behalf;
(3) conviction, during the previous five years, of a felony reasonably related to the
practice of physician assistant. Conviction as used in this subdivision includes a conviction
of an offense which if committed in this state would be deemed a felony without regard to
its designation elsewhere, or a criminal proceeding where a finding or verdict of guilt is
made or returned but the adjudication of guilt is either withheld or not entered;
(4) revocation, suspension, restriction, limitation, or other disciplinary action against
the person's physician assistant credentials in another state or jurisdiction, failure to
report to the board that charges regarding the person's credentials have been brought in
another state or jurisdiction, or having been refused deleted text begin registrationdeleted text end new text begin licensurenew text end by any other
state or jurisdiction;
(5) advertising which is false or misleading, violates any rule of the board, or claims
without substantiation the positive cure of any disease or professional superiority to or
greater skill than that possessed by another physician assistant;
(6) violating a rule adopted by the board or an order of the board, a state, or federal
law which relates to the practice of a physician assistant, or in part regulates the practice
of a physician assistant, including without limitation sections 148A.02, 609.344, and
609.345, or a state or federal narcotics or controlled substance law;
(7) engaging in any unethical conduct; conduct likely to deceive, defraud, or harm
the public, or demonstrating a willful or careless disregard for the health, welfare, or
safety of a patient; or practice which is professionally incompetent, in that it may create
unnecessary danger to any patient's life, health, or safety, in any of which cases, proof
of actual injury need not be established;
(8) failure to adhere to the provisions of the physician-physician assistantnew text begin delegationnew text end
agreement;
(9) engaging in the practice of medicine beyond that allowed by the
physician-physician assistant new text begin delegation new text end agreement, deleted text begin including the delegation form or
the addendum to the delegation form,deleted text end or aiding or abetting an unlicensed person in the
practice of medicine;
(10) adjudication as mentally incompetent, mentally ill or developmentally disabled,
or as a chemically dependent person, a person dangerous to the public, a sexually
dangerous person, or a person who has a sexual psychopathic personality by a court of
competent jurisdiction, within or without this state. Such adjudication shall automatically
suspend a deleted text begin registrationdeleted text end new text begin licensenew text end for its duration unless the board orders otherwise;
(11) engaging in unprofessional conduct. Unprofessional conduct includes any
departure from or the failure to conform to the minimal standards of acceptable and
prevailing practice in which proceeding actual injury to a patient need not be established;
(12) inability to practice with reasonable skill and safety to patients by reason of
illness, drunkenness, use of drugs, narcotics, chemicals, or any other type of material, or
as a result of any mental or physical condition, including deterioration through the aging
process or loss of motor skills;
(13) revealing a privileged communication from or relating to a patient except when
otherwise required or permitted by law;
(14) any deleted text begin use ofdeleted text end new text begin identification of a physician assistant bynew text end the title "Physician,"
"Doctor," or "Dr."new text begin in a patient care setting or in a communication directed to the general
publicnew text end ;
(15) improper management of medical records, including failure to maintain
adequate medical records, to comply with a patient's request made pursuant to sections
144.291 to 144.298, or to furnish a medical record or report required by law;
(16) engaging in abusive or fraudulent billing practices, including violations of the
federal Medicare and Medicaid laws or state medical assistance laws;
(17) becoming addicted or habituated to a drug or intoxicant;
(18) prescribing a drug or device for other than medically accepted therapeutic,
experimental, or investigative purposes authorized by a state or federal agency or referring
a patient to any health care provider as defined in sections 144.291 to 144.298 for services
or tests not medically indicated at the time of referral;
(19) engaging in conduct with a patient which is sexual or may reasonably be
interpreted by the patient as sexual, or in any verbal behavior which is seductive or
sexually demeaning to a patient;
(20) failure to make reports as required by section 147A.14 or to cooperate with an
investigation of the board as required by section 147A.15, subdivision 3;
(21) knowingly providing false or misleading information that is directly related
to the care of that patient unless done for an accepted therapeutic purpose such as the
administration of a placebo;
(22) aiding suicide or aiding attempted suicide in violation of section 609.215 as
established by any of the following:
(i) a copy of the record of criminal conviction or plea of guilty for a felony in
violation of section 609.215, subdivision 1 or 2;
(ii) a copy of the record of a judgment of contempt of court for violating an
injunction issued under section 609.215, subdivision 4;
(iii) a copy of the record of a judgment assessing damages under section 609.215,
subdivision 5; or
(iv) a finding by the board that the person violated section 609.215, subdivision 1 or
2. The board shall investigate any complaint of a violation of section 609.215, subdivision
1 or 2; or
(23) failure to maintain annually reviewed and updated physician-physician
assistantnew text begin delegationnew text end agreementsdeleted text begin , internal protocols, or prescribing delegation formsdeleted text end for
each physician-physician assistant practice relationship, or failure to provide copies of
such documents upon request by the board.
Subd. 2.
Effective dates, automatic suspension.
A suspension, revocation,
condition, limitation, qualification, or restriction of a deleted text begin registrationdeleted text end new text begin licensenew text end shall be in effect
pending determination of an appeal unless the court, upon petition and for good cause
shown, orders otherwise.
A physician assistant deleted text begin registrationdeleted text end new text begin licensenew text end is automatically suspended if:
(1) a guardian of a deleted text begin registrantdeleted text end new text begin licenseenew text end is appointed by order of a court pursuant to
sections 524.5-101 to 524.5-502, for reasons other than the minority of the deleted text begin registrantdeleted text end new text begin
licenseenew text end ; or
(2) the deleted text begin registrantdeleted text end new text begin licenseenew text end is committed by order of a court pursuant to chapter
253B. The deleted text begin registrationdeleted text end new text begin licensenew text end remains suspended until the deleted text begin registrantdeleted text end new text begin licenseenew text end is restored
to capacity by a court and, upon petition by the deleted text begin registrantdeleted text end new text begin licenseenew text end , the suspension is
terminated by the board after a hearing.
Subd. 3.
Conditions on reissued deleted text begin registrationdeleted text end new text begin licensenew text end .
In its discretion, the board
may restore and reissue a physician assistant deleted text begin registrationdeleted text end new text begin licensenew text end , but may impose as a
condition any disciplinary or corrective measure which it might originally have imposed.
Subd. 4.
Temporary suspension of deleted text begin registrationdeleted text end new text begin licensenew text end .
In addition to any other
remedy provided by law, the board may, without a hearing, temporarily suspend the
deleted text begin registrationdeleted text end new text begin licensenew text end of a physician assistant if the board finds that the physician assistant has
violated a statute or rule which the board is empowered to enforce and continued practice
by the physician assistant would create a serious risk of harm to the public. The suspension
shall take effect upon written notice to the physician assistant, specifying the statute or
rule violated. The suspension shall remain in effect until the board issues a final order
in the matter after a hearing. At the time it issues the suspension notice, the board shall
schedule a disciplinary hearing to be held pursuant to the Administrative Procedure Act.
The physician assistant shall be provided with at least 20 days' notice of any hearing
held pursuant to this subdivision. The hearing shall be scheduled to begin no later than 30
days after the issuance of the suspension order.
Subd. 5.
Evidence.
In disciplinary actions alleging a violation of subdivision
1, clause (3) or (4), a copy of the judgment or proceeding under the seal of the court
administrator or of the administrative agency which entered it shall be admissible into
evidence without further authentication and shall constitute prima facie evidence of the
contents thereof.
Subd. 6.
Mental examination; access to medical data.
(a) If the board has
probable cause to believe that a physician assistant comes under subdivision 1, clause
(1), it may direct the physician assistant to submit to a mental or physical examination.
For the purpose of this subdivision, every physician assistant deleted text begin registereddeleted text end new text begin licensednew text end under
this chapter is deemed to have consented to submit to a mental or physical examination
when directed in writing by the board and further to have waived all objections to the
admissibility of the examining physicians' testimony or examination reports on the ground
that the same constitute a privileged communication. Failure of a physician assistant to
submit to an examination when directed constitutes an admission of the allegations against
the physician assistant, unless the failure was due to circumstance beyond the physician
assistant's control, in which case a default and final order may be entered without the
taking of testimony or presentation of evidence. A physician assistant affected under this
subdivision shall at reasonable intervals be given an opportunity to demonstrate that
the physician assistant can resume competent practice with reasonable skill and safety
to patients. In any proceeding under this subdivision, neither the record of proceedings
nor the orders entered by the board shall be used against a physician assistant in any
other proceeding.
(b) In addition to ordering a physical or mental examination, the board may,
notwithstanding sections 13.384, 144.651, or any other law limiting access to medical or
other health data, obtain medical data and health records relating to a deleted text begin registrantdeleted text end new text begin licenseenew text end or
applicant without the deleted text begin registrant'sdeleted text end new text begin licensee'snew text end or applicant's consent if the board has probable
cause to believe that a physician assistant comes under subdivision 1, clause (1).
The medical data may be requested from a provider, as defined in section 144.291,
subdivision 2, paragraph (h), an insurance company, or a government agency, including
the Department of Human Services. A provider, insurance company, or government
agency shall comply with any written request of the board under this subdivision and is not
liable in any action for damages for releasing the data requested by the board if the data
are released pursuant to a written request under this subdivision, unless the information
is false and the provider giving the information knew, or had reason to believe, the
information was false. Information obtained under this subdivision is classified as private
under chapter 13.
Subd. 7.
Tax clearance certificate.
(a) In addition to the provisions of subdivision
1, the board may not issue or renew a deleted text begin registrationdeleted text end new text begin licensenew text end if the commissioner of revenue
notifies the board and the deleted text begin registrantdeleted text end new text begin licenseenew text end or applicant for deleted text begin registrationdeleted text end new text begin licensurenew text end that the
deleted text begin registrantdeleted text end new text begin licenseenew text end or applicant owes the state delinquent taxes in the amount of $500 or
more. The board may issue or renew the deleted text begin registrationdeleted text end new text begin licensenew text end only if:
(1) the commissioner of revenue issues a tax clearance certificate; and
(2) the commissioner of revenue, the deleted text begin registrantdeleted text end new text begin licenseenew text end , or the applicant forwards a
copy of the clearance to the board.
The commissioner of revenue may issue a clearance certificate only if the deleted text begin registrantdeleted text end new text begin
licenseenew text end or applicant does not owe the state any uncontested delinquent taxes.
(b) For purposes of this subdivision, the following terms have the meanings given:
(1) "Taxes" are all taxes payable to the commissioner of revenue, including penalties
and interest due on those taxes, and
(2) "Delinquent taxes" do not include a tax liability if:
(i) an administrative or court action that contests the amount or validity of the
liability has been filed or served;
(ii) the appeal period to contest the tax liability has not expired; or
(iii) the licensee or applicant has entered into a payment agreement to pay the
liability and is current with the payments.
(c) When a deleted text begin registrantdeleted text end new text begin licenseenew text end or applicant is required to obtain a clearance certificate
under this subdivision, a contested case hearing must be held if the deleted text begin registrantdeleted text end new text begin licenseenew text end or
applicant requests a hearing in writing to the commissioner of revenue within 30 days of
the date of the notice provided in paragraph (a). The hearing must be held within 45 days
of the date the commissioner of revenue refers the case to the Office of Administrative
Hearings. Notwithstanding any law to the contrary, the licensee or applicant must be
served with 20 days' notice in writing specifying the time and place of the hearing and
the allegations against the registrant or applicant. The notice may be served personally or
by mail.
(d) The board shall require all deleted text begin registrantsdeleted text end new text begin licenseesnew text end or applicants to provide their
Social Security number and Minnesota business identification number on all deleted text begin registrationdeleted text end new text begin
licensenew text end applications. Upon request of the commissioner of revenue, the board must
provide to the commissioner of revenue a list of all deleted text begin registrantsdeleted text end new text begin licenseesnew text end and applicants,
including their names and addresses, Social Security numbers, and business identification
numbers. The commissioner of revenue may request a list of the deleted text begin registrantsdeleted text end new text begin licenseesnew text end and
applicants no more than once each calendar year.
new text begin Subd. 8. new text end
new text begin Limitation. new text end
new text begin
No board proceeding against a licensee shall be instituted
unless commenced within seven years from the date of commission of some portion of the
offense except for alleged violations of subdivision 1, clause (19), or subdivision 7.
new text end
Sec. 16.
Minnesota Statutes 2008, section 147A.16, is amended to read:
147A.16 FORMS OF DISCIPLINARY ACTION.
When the board finds that a deleted text begin registereddeleted text end new text begin licensednew text end physician assistant has violated a
provision of this chapter, it may do one or more of the following:
(1) revoke the deleted text begin registrationdeleted text end new text begin licensenew text end ;
(2) suspend the deleted text begin registrationdeleted text end new text begin licensenew text end ;
(3) impose limitations or conditions on the physician assistant's practice, including
limiting the scope of practice to designated field specialties; impose retraining or
rehabilitation requirements; require practice under additional supervision; or condition
continued practice on demonstration of knowledge or skills by appropriate examination
or other review of skill and competence;
(4) impose a civil penalty not exceeding $10,000 for each separate violation, the
amount of the civil penalty to be fixed so as to deprive the physician assistant of any
economic advantage gained by reason of the violation charged or to reimburse the board
for the cost of the investigation and proceeding;
(5) order the physician assistant to provide unremunerated professional service
under supervision at a designated public hospital, clinic, or other health care institution; or
(6) censure or reprimand the deleted text begin registereddeleted text end new text begin licensednew text end physician assistant.
Upon judicial review of any board disciplinary action taken under this chapter, the
reviewing court shall seal the administrative record, except for the board's final decision,
and shall not make the administrative record available to the public.
Sec. 17.
Minnesota Statutes 2008, section 147A.18, is amended to read:
147A.18 DELEGATED AUTHORITY TO PRESCRIBE, DISPENSE, AND
ADMINISTER DRUGS AND MEDICAL DEVICES.
Subdivision 1.
Delegation.
(a) A supervising physician may delegate to a
physician assistant who is deleted text begin registered withdeleted text end new text begin licensed bynew text end the board, certified by the National
Commission on Certification of Physician Assistants or successor agency approved by the
board, and who is under the supervising physician's supervision, the authority to prescribe,
dispense, and administer legend drugs, deleted text begin medical devices, anddeleted text end controlled substancesnew text begin , and
medical devicesnew text end subject to the requirements in this section. The authority to dispense
includes, but is not limited to, the authority to request, receive, and dispense sample drugs.
This authority to dispense extends only to those drugs described in the written agreement
developed under paragraph (b).
(b) The new text begin delegation new text end agreement between the physician assistant and supervising
physician deleted text begin and any alternate supervising physiciansdeleted text end must include a statement by the
supervising physician regarding delegation or nondelegation of the functions of
prescribing, dispensing, and administering deleted text begin ofdeleted text end legend drugsnew text begin , controlled substances, new text end and
medical devices to the physician assistant. The statement must include deleted text begin a protocol
indicatingdeleted text end categories of drugs for which the supervising physician delegates prescriptive
and dispensing authoritynew text begin , including controlled substances when applicablenew text end . The delegation
must be appropriate to the physician assistant's practice and within the scope of the
physician assistant's training. Physician assistants who have been delegated the authority
to prescribe, dispense, and administer legend drugsnew text begin , controlled substances,new text end and medical
devices shall provide evidence of current certification by the National Commission
on Certification of Physician Assistants or its successor agency when deleted text begin registering or
reregisteringdeleted text end new text begin applying for licensure or license renewalnew text end as physician assistants. Physician
assistants who have been delegated the authority to prescribe controlled substances must
deleted text begin present evidence of the certification anddeleted text end new text begin alsonew text end hold a valid DEA deleted text begin certificatedeleted text end new text begin registrationnew text end .
Supervising physicians shall retrospectively review the prescribing, dispensing, and
administering deleted text begin ofdeleted text end legend deleted text begin and controlleddeleted text end drugsnew text begin , controlled substances,new text end and medical devices
by physician assistants, when this authority has been delegated to the physician assistant as
part of the new text begin physician-physician assistant new text end delegation agreement deleted text begin between the physician and
the physician assistant. This review must take place as outlined in the internal protocoldeleted text end .
The process and schedule for the review must be outlined in thenew text begin physician-physician
assistantnew text end delegation agreement.
(c) The board may establish by rule:
(1) a system of identifying physician assistants eligible to prescribe, administer, and
dispense legend drugs and medical devices;
(2) a system of identifying physician assistants eligible to prescribe, administer, and
dispense controlled substances;
(3) a method of determining the categories of legend deleted text begin and controlleddeleted text end drugsnew text begin , controlled
substances,new text end and medical devices that each physician assistant is allowed to prescribe,
administer, and dispense; and
(4) a system of transmitting to pharmacies a listing of physician assistants eligible to
prescribe legend deleted text begin and controlleddeleted text end drugsnew text begin , controlled substances,new text end and medical devices.
Subd. 2.
Termination and reinstatement of prescribing authority.
deleted text begin (a)deleted text end The
authority of a physician assistant to prescribe, dispense, and administer legend drugsnew text begin ,
controlled substances,new text end and medical devices shall end immediately when:
(1) the new text begin physician-physician assistant delegation new text end agreement is terminated;
(2) the authority to prescribe, dispense, and administer is terminated or withdrawn
by the supervising physician; deleted text begin or
deleted text end
(3) the physician deleted text begin assistant reverts todeleted text end new text begin assistant's license is placed onnew text end inactive statusdeleted text begin ,
loses National Commission on Certification of Physician Assistants or successor agency
certification, or loses or terminates registration statusdeleted text end new text begin ;
new text end
new text begin
(4) the physician assistant loses National Commission on Certification of Physician
Assistants or successor agency certification; or
new text end
new text begin (5) the physician assistant loses or terminates licensure statusnew text end .
deleted text begin
(b) The physician assistant must notify the board in writing within ten days of the
occurrence of any of the circumstances listed in paragraph (a).
deleted text end
deleted text begin
(c) Physician assistants whose authority to prescribe, dispense, and administer
has been terminated shall reapply for reinstatement of prescribing authority under this
section and meet any requirements established by the board prior to reinstatement of the
prescribing, dispensing, and administering authority.
deleted text end
Subd. 3.
Other requirements and restrictions.
deleted text begin
(a) The supervising physician and
the physician assistant must complete, sign, and date an internal protocol which lists each
category of drug or medical device, or controlled substance the physician assistant may
prescribe, dispense, and administer. The supervising physician and physician assistant
shall submit the internal protocol to the board upon request. The supervising physician
may amend the internal protocol as necessary, within the limits of the completed delegation
form in subdivision 5. The supervising physician and physician assistant must sign and
date any amendments to the internal protocol. Any amendments resulting in a change to
an addition or deletion to categories delegated in the delegation form in subdivision 5 must
be submitted to the board according to this chapter, along with the fee required.
deleted text end
deleted text begin
(b) The supervising physician and physician assistant shall review delegation of
prescribing, dispensing, and administering authority on an annual basis at the time of
reregistration. The internal protocol must be signed and dated by the supervising physician
and physician assistant after review. Any amendments to the internal protocol resulting in
changes to the delegation form in subdivision 5 must be submitted to the board according
to this chapter, along with the fee required.
deleted text end
deleted text begin (c)deleted text end new text begin (a) new text end Each prescription initiated by a physician assistant shall indicate the
following:
(1) the date of issue;
(2) the name and address of the patient;
(3) the name and quantity of the drug prescribed;
(4) directions for use; and
(5) the name and address of the prescribing physician assistant.
deleted text begin (d)deleted text end new text begin (b)new text end In prescribing, dispensing, and administering legend drugsnew text begin , controlled
substances,new text end and medical devices, deleted text begin including controlled substances as defined in section
deleted text end deleted text begin 152.01, subdivision 4deleted text end deleted text begin ,deleted text end a physician assistant must conform with the agreement, chapter
151, and this chapter.
deleted text begin Subd. 4. deleted text end
deleted text begin Notification of pharmacies. deleted text end
deleted text begin
(a) The board shall annually provide to the
Board of Pharmacy and to registered pharmacies within the state a list of those physician
assistants who are authorized to prescribe, administer, and dispense legend drugs and
medical devices, or controlled substances.
deleted text end
deleted text begin
(b) The board shall provide to the Board of Pharmacy a list of physician assistants
authorized to prescribe legend drugs and medical devices every two months if additional
physician assistants are authorized to prescribe or if physician assistants have authorization
to prescribe withdrawn.
deleted text end
deleted text begin
(c) The list must include the name, address, telephone number, and Minnesota
registration number of the physician assistant, and the name, address, telephone number,
and Minnesota license number of the supervising physician.
deleted text end
deleted text begin
(d) The board shall provide the form in subdivision 5 to pharmacies upon request.
deleted text end
deleted text begin
(e) The board shall make available prototype forms of the physician-physician
assistant agreement, the internal protocol, the delegation form, and the addendum form.
deleted text end
deleted text begin Subd. 5. deleted text end
deleted text begin Delegation form for physician assistant prescribing. deleted text end
deleted text begin
The delegation
form for physician assistant prescribing must contain a listing by drug category of the
legend drugs and controlled substances for which prescribing authority has been delegated
to the physician assistant.
deleted text end
Sec. 18.
Minnesota Statutes 2008, section 147A.19, is amended to read:
147A.19 IDENTIFICATION REQUIREMENTS.
Physician assistants deleted text begin registereddeleted text end new text begin licensednew text end under this chapter shall keep their
deleted text begin registrationdeleted text end new text begin licensenew text end available for inspection at their primary place of business and shall,
when engaged in their professional activities, wear a name tag identifying themselves as
a "physician assistant."
Sec. 19.
Minnesota Statutes 2008, section 147A.20, is amended to read:
147A.20 deleted text begin PHYSICIAN AND PHYSICIANdeleted text end new text begin PHYSICIAN-PHYSICIANnew text end
ASSISTANT AGREEMENTnew text begin DOCUMENTSnew text end .
new text begin Subdivision 1. new text end
new text begin Physician-physician assistant delegation agreement. new text end
(a) A
physician assistant and supervising physician must sign deleted text begin andeleted text end new text begin a physician-physician assistant
delegationnew text end agreement which specifies scope of practice deleted text begin and amountdeleted text end and manner of
supervision as required by the board. The agreement must contain:
(1) a description of the practice setting;
(2) deleted text begin a statement of practice type/specialty;
deleted text end
deleted text begin (3)deleted text end a listing of categories of delegated duties;
deleted text begin (4)deleted text end new text begin (3)new text end a description of supervision typedeleted text begin , amount, and frequencydeleted text end ; and
deleted text begin (5)deleted text end new text begin (4)new text end a description of the process and schedule for review of prescribing,
dispensing, and administering legend and controlled drugs and medical devices by the
physician assistant authorized to prescribe.
(b) The agreement must be maintained by the supervising physician and physician
assistant and made available to the board upon request. If there is a delegation of
prescribing, administering, and dispensing of legend drugs, controlled substances, and
medical devices, the agreement shall include deleted text begin an internal protocol and delegation formdeleted text end new text begin a
description of the prescriptive authority delegated to the physician assistantnew text end . Physician
assistants shall have a separate agreement for each place of employment. Agreements
must be reviewed and updated on an annual basis. The supervising physician and
physician assistant must maintain thenew text begin physician-physician assistant delegationnew text end agreementdeleted text begin ,
delegation form, and internal protocoldeleted text end at the address of record. deleted text begin Copies shall be provided to
the board upon request.
deleted text end
(c) Physician assistants must provide written notification to the board within 30
days of the following:
(1) name change;
(2) address of record change;new text begin and
new text end
(3) telephone number of record changedeleted text begin ; anddeleted text end new text begin .
new text end
deleted text begin
(4) addition or deletion of alternate supervising physician provided that the
information submitted includes, for an additional alternate physician, an affidavit of
consent to act as an alternate supervising physician signed by the alternate supervising
physician.
deleted text end
deleted text begin
(d) Modifications requiring submission prior to the effective date are changes to the
practice setting description which include:
deleted text end
deleted text begin
(1) supervising physician change, excluding alternate supervising physicians; or
deleted text end
deleted text begin
(2) delegation of prescribing, administering, or dispensing of legend drugs,
controlled substances, or medical devices.
deleted text end
deleted text begin
(e) The agreement must be completed and the practice setting description submitted
to the board before providing medical care as a physician assistant.
deleted text end
new text begin
(d) Any alternate supervising physicians must be identified in the physician-physician
assistant delegation agreement, or a supplemental listing, and must sign the agreement
attesting that they shall provide the physician assistant with supervision in compliance
with this chapter, the delegation agreement, and board rules.
new text end
new text begin Subd. 2. new text end
new text begin Notification of intent to practice. new text end
new text begin
A licensed physician assistant shall
submit a notification of intent to practice to the board prior to beginning practice. The
notification shall include the name, business address, and telephone number of the
supervising physician and the physician assistant. Individuals who practice without
submitting a notification of intent to practice shall be subject to disciplinary action under
section 147A.13 for practicing without a license, unless the care is provided in response to
a disaster or emergency situation according to section 147A.23.
new text end
Sec. 20.
Minnesota Statutes 2008, section 147A.21, is amended to read:
147A.21 RULEMAKING AUTHORITY.
The board shall adopt rules:
(1) setting deleted text begin registrationdeleted text end new text begin licensenew text end fees;
(2) setting renewal fees;
(3) deleted text begin setting fees for locum tenens permits;
deleted text end
deleted text begin (4)deleted text end setting fees for temporary deleted text begin registrationdeleted text end new text begin licensesnew text end ; and
deleted text begin (5)deleted text end new text begin (4)new text end establishing renewal dates.
Sec. 21.
Minnesota Statutes 2008, section 147A.23, is amended to read:
147A.23 RESPONDING TO DISASTER SITUATIONS.
(a) A deleted text begin registered physician assistant or adeleted text end physician assistant duly licensed or
credentialed in a United States jurisdictionnew text begin or by a federal employernew text end who is responding
to a need for medical care created by new text begin an emergency according to section 604A.01, or new text end a
state or local disaster may render such care as the physician assistant is deleted text begin abledeleted text end new text begin trainednew text end to
provide, under the physician assistant's licensedeleted text begin , registration,deleted text end or credential, without the
need of a deleted text begin physician and physiciandeleted text end new text begin physician-physiciannew text end assistantnew text begin delegationnew text end agreementnew text begin or
a notice of intent to practicenew text end as required under section 147A.20. deleted text begin Physician supervision,
as required under section 147A.09, must be provided under the direction of a physician
licensed under chapter 147 who is involved with the disaster response. The physician
assistant must establish a temporary supervisory agreement with the physician providing
supervision before rendering care.deleted text end new text begin A physician assistant may provide emergency care
without physician supervision or under the supervision that is available.new text end
(b) The physician who provides supervision to a physician assistant while the
physician assistant is rendering care deleted text begin in a disasterdeleted text end in accordance with this section may do
so without meeting the requirements of section 147A.20.
(c) The supervising physician who otherwise provides supervision to a physician
assistant under a deleted text begin physician and physiciandeleted text end new text begin physician-physiciannew text end assistantnew text begin delegationnew text end
agreement described in section 147A.20 shall not be held medically responsible for the
care rendered by a physician assistant pursuant to paragraph (a). Services provided by
a physician assistant under paragraph (a) shall be considered outside the scope of the
relationship between the supervising physician and the physician assistant.
Sec. 22.
Minnesota Statutes 2008, section 147A.24, is amended to read:
147A.24 CONTINUING EDUCATION REQUIREMENTS.
Subdivision 1.
Amount of education required.
Applicants for deleted text begin registrationdeleted text end new text begin licensenew text end
renewal deleted text begin or reregistrationdeleted text end must either deleted text begin attest to and documentdeleted text end new text begin meet standards for continuing
education through current certification by the National Commission on Certification
of Physician Assistants, or its successor agency as approved by the board, or provide
evidence ofnew text end successful completion of at least 50 contact hours of continuing education
within the two years immediately preceding deleted text begin registrationdeleted text end new text begin licensenew text end renewaldeleted text begin , reregistration,
or attest to and document taking the national certifying examination required by this
chapter within the past two yearsdeleted text end .
Subd. 2.
Type of education required.
deleted text begin Approveddeleted text end Continuing education is approved
if it is equivalent to category 1 credit hours as defined by the American Osteopathic
Association Bureau of Professional Education, the Royal College of Physicians and
Surgeons of Canada, the American Academy of Physician Assistants, or by organizations
that have reciprocal arrangements with the physician recognition award program of the
American Medical Association.
Sec. 23.
Minnesota Statutes 2008, section 147A.26, is amended to read:
147A.26 PROCEDURES.
The board shall establish, in writing, internal operating procedures for receiving and
investigating complaints, accepting and processing applications, granting deleted text begin registrationsdeleted text end new text begin
licensesnew text end , and imposing enforcement actions. The written internal operating procedures
may include procedures for sharing complaint information with government agencies in
this and other states. Procedures for sharing complaint information must be consistent
with the requirements for handling government data under chapter 13.
Sec. 24.
Minnesota Statutes 2008, section 147A.27, is amended to read:
147A.27 PHYSICIAN ASSISTANT ADVISORY COUNCIL.
Subdivision 1.
Membership.
(a) The Physician Assistant Advisory Council is
created and is composed of seven persons appointed by the board. The seven persons
must include:
(1) two public members, as defined in section 214.02;
(2) three physician assistants deleted text begin registereddeleted text end new text begin licensednew text end under this chapternew text begin who meet the
criteria for a new applicant under section 147A.02new text end ; and
(3) two licensed physicians with experience supervising physician assistants.
(b) No member shall serve more than deleted text begin a total ofdeleted text end twonew text begin consecutivenew text end terms. If a member
is appointed for a partial term and serves more than half of that term it shall be considered
a full term. deleted text begin Members serving on the council as of July 1, 2000, shall be allowed to
complete their current terms.
deleted text end
Subd. 3.
Duties.
The council shall advise the board regarding:
(1) physician assistant deleted text begin registrationdeleted text end new text begin licensurenew text end standards;
(2) enforcement of grounds for discipline;
(3) distribution of information regarding physician assistant deleted text begin registrationdeleted text end new text begin licensurenew text end
standards;
(4) applications and recommendations of applicants for deleted text begin registrationdeleted text end new text begin licensurenew text end or
deleted text begin registrationdeleted text end new text begin licensenew text end renewal; deleted text begin and
deleted text end
(5) complaints and recommendations to the board regarding disciplinary matters and
proceedings concerning applicants and deleted text begin registrantsdeleted text end new text begin licenseesnew text end according to sections 214.10;
214.103; and 214.13, subdivisions 6 and 7new text begin ; and
new text end
new text begin (6) issues related to physician assistant practice and regulationnew text end .
The council shall perform other duties authorized for the council by chapter 214
as directed by the board.
Sec. 25.
Minnesota Statutes 2008, section 169.345, subdivision 2, is amended to read:
Subd. 2.
Definitions.
(a) For the purpose of section 168.021 and this section, the
following terms have the meanings given them in this subdivision.
(b) "Health professional" means a licensed physician, deleted text begin registereddeleted text end new text begin licensednew text end physician
assistant, advanced practice registered nurse, or licensed chiropractor.
(c) "Long-term certificate" means a certificate issued for a period greater than 12
months but not greater than 71 months.
(d) "Organization certificate" means a certificate issued to an entity other than a
natural person for a period of three years.
(e) "Permit" refers to a permit that is issued for a period of 30 days, in lieu of the
certificate referred to in subdivision 3, while the application is being processed.
(f) "Physically disabled person" means a person who:
(1) because of disability cannot walk without significant risk of falling;
(2) because of disability cannot walk 200 feet without stopping to rest;
(3) because of disability cannot walk without the aid of another person, a walker, a
cane, crutches, braces, a prosthetic device, or a wheelchair;
(4) is restricted by a respiratory disease to such an extent that the person's forced
(respiratory) expiratory volume for one second, when measured by spirometry, is less
than one liter;
(5) has an arterial oxygen tension (PAO2) of less than 60 mm/Hg on room air at rest;
(6) uses portable oxygen;
(7) has a cardiac condition to the extent that the person's functional limitations are
classified in severity as class III or class IV according to standards set by the American
Heart Association;
(8) has lost an arm or a leg and does not have or cannot use an artificial limb; or
(9) has a disability that would be aggravated by walking 200 feet under normal
environmental conditions to an extent that would be life threatening.
(g) "Short-term certificate" means a certificate issued for a period greater than six
months but not greater than 12 months.
(h) "Six-year certificate" means a certificate issued for a period of six years.
(i) "Temporary certificate" means a certificate issued for a period not greater than
six months.
Sec. 26.
Minnesota Statutes 2008, section 253B.02, subdivision 7, is amended to read:
Subd. 7.
Examiner.
"Examiner" means a person who is knowledgeable, trained, and
practicing in the diagnosis and assessment or in the treatment of the alleged impairment,
and who is:
(1) a licensed physician;
(2) a licensed psychologist who has a doctoral degree in psychology or who became
a licensed consulting psychologist before July 2, 1975; or
(3) an advanced practice registered nurse certified in mental health new text begin or a licensed
physician assistantnew text end , except that only a physician or psychologist meeting these
requirements may be appointed by the court as described by sections 253B.07, subdivision
3; 253B.092, subdivision 8, paragraph (b); 253B.17, subdivision 3; 253B.18, subdivision
2; and 253B.19, subdivisions 1 and 2, and only a physician or psychologist may conduct
an assessment as described by Minnesota Rules of Criminal Procedure, rule 20.
Sec. 27.
Minnesota Statutes 2008, section 253B.05, subdivision 2, is amended to read:
Subd. 2.
Peace or health officer authority.
(a) A peace or health officer may take a
person into custody and transport the person to a licensed physician or treatment facility if
the officer has reason to believe, either through direct observation of the person's behavior,
or upon reliable information of the person's recent behavior and knowledge of the person's
past behavior or psychiatric treatment, that the person is mentally ill or developmentally
disabled and in danger of injuring self or others if not immediately detained. A peace or
health officer or a person working under such officer's supervision, may take a person
who is believed to be chemically dependent or is intoxicated in public into custody and
transport the person to a treatment facility. If the person is intoxicated in public or is
believed to be chemically dependent and is not in danger of causing self-harm or harm to
any person or property, the peace or health officer may transport the person home. The
peace or health officer shall make written application for admission of the person to the
treatment facility. The application shall contain the peace or health officer's statement
specifying the reasons for and circumstances under which the person was taken into
custody. If danger to specific individuals is a basis for the emergency hold, the statement
must include identifying information on those individuals, to the extent practicable. A
copy of the statement shall be made available to the person taken into custody.
(b) As far as is practicable, a peace officer who provides transportation for a person
placed in a facility under this subdivision may not be in uniform and may not use a vehicle
visibly marked as a law enforcement vehicle.
(c) A person may be admitted to a treatment facility for emergency care and
treatment under this subdivision with the consent of the head of the facility under the
following circumstances: (1) a written statement shall only be made by the following
individuals who are knowledgeable, trained, and practicing in the diagnosis and treatment
of mental illness or developmental disability; the medical officer, or the officer's designee
on duty at the facility, including a licensed physician, a deleted text begin registereddeleted text end new text begin licensednew text end physician
assistant, or an advanced practice registered nurse who after preliminary examination has
determined that the person has symptoms of mental illness or developmental disability
and appears to be in danger of harming self or others if not immediately detained; or (2) a
written statement is made by the institution program director or the director's designee
on duty at the facility after preliminary examination that the person has symptoms
of chemical dependency and appears to be in danger of harming self or others if not
immediately detained or is intoxicated in public.
Sec. 28.
Minnesota Statutes 2008, section 256B.0625, subdivision 28a, is amended to
read:
Subd. 28a.
deleted text begin Registereddeleted text end new text begin Licensednew text end physician assistant services.
Medical assistance
covers services performed by a deleted text begin registereddeleted text end new text begin licensednew text end physician assistant if the service is
otherwise covered under this chapter as a physician service and if the service is within the
scope of practice of a deleted text begin registereddeleted text end new text begin licensednew text end physician assistant as defined in section 147A.09.
Sec. 29.
Minnesota Statutes 2008, section 256B.0751, subdivision 1, is amended to
read:
Subdivision 1.
Definitions.
(a) For purposes of sections 256B.0751 to 256B.0753,
the following definitions apply.
(b) "Commissioner" means the commissioner of human services.
(c) "Commissioners" means the commissioner of humans services and the
commissioner of health, acting jointly.
(d) "Health plan company" has the meaning provided in section 62Q.01, subdivision
4.
(e) "Personal clinician" means a physician licensed under chapter 147, a physician
assistant deleted text begin registereddeleted text end new text begin licensednew text end and practicing under chapter 147A, or an advanced practice
nurse licensed and registered to practice under chapter 148.
(f) "State health care program" means the medical assistance, MinnesotaCare, and
general assistance medical care programs.
Sec. 30. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2008, section 147A.22,
new text end
new text begin
is repealed.
new text end
Sec. 31. new text begin EFFECTIVE DATE.
new text end
new text begin
Sections 1 to 30 are effective July 1, 2009.
new text end
ARTICLE 6
PSYCHOLOGISTS
Section 1.
Minnesota Statutes 2008, section 62M.09, subdivision 3a, is amended to
read:
Subd. 3a.
Mental health and substance abuse reviews.
new text begin (a) new text end A peer of the treating
mental health or substance abuse provider or a physician must review requests for
outpatient services in which the utilization review organization has concluded that a
determination not to certify a mental health or substance abuse service for clinical reasons
is appropriate, provided that any final determination not to certify treatment is made
by a psychiatrist certified by the American Board of Psychiatry and Neurology and
appropriately licensed in this statenew text begin or by a doctoral-level psychologist licensed in this state
if the treating provider is a psychologistnew text end .
new text begin (b)new text end Notwithstanding the notification requirements of section 62M.05, a utilization
review organization that has made an initial decision to certify in accordance with the
requirements of section 62M.05 may elect to provide notification of a determination to
continue coverage through facsimile or mail.
new text begin (c)new text end This subdivision does not apply to determinations made in connection with
policies issued by a health plan company that is assessed less than three percent of the
total amount assessed by the Minnesota Comprehensive Health Association.
Sec. 2.
Minnesota Statutes 2008, section 62U.09, subdivision 2, is amended to read:
Subd. 2.
Members.
(a) The Health Care Reform Review Council shall consist of deleted text begin 14deleted text end
new text begin 16 new text end members who are appointed as follows:
(1) two members appointed by the Minnesota Medical Association, at least one
of whom must represent rural physicians;
(2) one member appointed by the Minnesota Nurses Association;
(3) two members appointed by the Minnesota Hospital Association, at least one of
whom must be a rural hospital administrator;
(4) one member appointed by the Minnesota Academy of Physician Assistants;
(5) one member appointed by the Minnesota Business Partnership;
(6) one member appointed by the Minnesota Chamber of Commerce;
(7) one member appointed by the SEIU Minnesota State Council;
(8) one member appointed by the AFL-CIO;
(9) one member appointed by the Minnesota Council of Health Plans;
(10) one member appointed by the Smart Buy Alliance;
(11) one member appointed by the Minnesota Medical Group Management
Association; deleted text begin and
deleted text end
(12) one consumer member appointed by AARP Minnesotanew text begin ;
new text end
new text begin
(13) one member appointed by the Minnesota Psychological Association
new text end
deleted text begin
.
deleted text end
new text begin
; and
new text end
new text begin
(14) one member appointed by the Minnesota Chiropractic Association.
new text end
(b) If a member is no longer able or eligible to participate, a new member shall be
appointed by the entity that appointed the outgoing member.
Sec. 3.
Minnesota Statutes 2008, section 148.89, subdivision 5, is amended to read:
Subd. 5.
Practice of psychology.
"Practice of psychology" means the observation,
description, evaluation, interpretation, or modification of human behavior by the
application of psychological principles, methods, or procedures for any reason, including
to prevent, eliminate, or manage symptomatic, maladaptive, or undesired behavior and to
enhance interpersonal relationships, work, life and developmental adjustment, personal
and organizational effectiveness, behavioral health, and mental health. The practice of
psychology includes, but is not limited to, the following services, regardless of whether
the provider receives payment for the services:
(1) psychological research and teaching of psychology;
(2) assessment, including psychological testing and other means of evaluating
personal characteristics such as intelligence, personality, abilities, interests, aptitudes, and
neuropsychological functioning;
(3) a psychological report, whether written or oral, including testimony of a provider
as an expert witness, concerning the characteristics of an individual or entity;
(4) psychotherapy, including but not limited to, categories such as behavioral,
cognitive, emotive, systems, psychophysiological, or insight-oriented therapies;
counseling; hypnosis; and diagnosis and treatment of:
(i) mental and emotional disorder or disability;
(ii) alcohol and substance dependence or abuse;
(iii) disorders of habit or conduct;
(iv) the psychological aspects of physical illness or condition, accident, injury, or
disabilitynew text begin , including the psychological impact of medicationsnew text end ;
(v) life adjustment issues, including work-related and bereavement issues; and
(vi) child, family, or relationship issues;
(5) psychoeducational services and treatment; and
(6) consultation and supervision.
Sec. 4. new text begin DEADLINE FOR APPOINTMENT.
new text end
new text begin
The Minnesota Psychological Association must appoint its member to the Health
Care Reform Review Council under section 2 no later than October 1, 2009.
new text end
ARTICLE 7
NUTRITIONISTS
Section 1.
Minnesota Statutes 2008, section 148.624, subdivision 2, is amended to read:
Subd. 2.
Nutrition.
The board shall issue a license as a nutritionist to a person who
files a completed application, pays all required fees, and certifies and furnishes evidence
satisfactory to the board that the applicant:
(1) meets the following qualifications:
(i) has received a master's or doctoral degree from an accredited or approved college
or university with a major in human nutrition, public health nutrition, clinical nutrition,
nutrition education, community nutrition, or food and nutrition; and
(ii) has completed a documented supervised preprofessional practice experience
component in dietetic practice of not less than 900 hours under the supervision of a
registered dietitian, a state licensed nutrition professional, or an individual with a doctoral
degree conferred by a United States regionally accredited college or university with a
major course of study in human nutrition, nutrition education, food and nutrition, dietetics,
or food systems management. Supervised practice experience must be completed in the
United States or its territories. Supervisors who obtain their doctoral degree outside the
United States and its territories must have their degrees validated as equivalent to the
doctoral degree conferred by a United States regionally accredited college or university; or
(2) has deleted text begin qualified as a diplomate of the American Board of Nutrition, Springfield,
Virginiadeleted text end new text begin received certification as a Certified Nutrition Specialist by the Certification Board
for Nutrition Specialistsnew text end .
Sec. 2. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2008, section 148.627,
new text end
new text begin
is repealed.
new text end
ARTICLE 8
SOCIAL WORK - AMENDMENTS TO CURRENT LICENSING STATUTE
Section 1.
Minnesota Statutes 2008, section 148D.010, is amended by adding a
subdivision to read:
new text begin Subd. 6a. new text end
new text begin Clinical supervision. new text end
new text begin
"Clinical supervision" means supervision, as
defined in subdivision 16, of a social worker engaged in clinical practice, as defined in
subdivision 6.
new text end
Sec. 2.
Minnesota Statutes 2008, section 148D.010, is amended by adding a
subdivision to read:
new text begin Subd. 6b. new text end
new text begin Graduate degree. new text end
new text begin
"Graduate degree" means a master's degree in social
work from a program accredited by the Council on Social Work Education, the Canadian
Association of Schools of Social Work, or a similar accreditation body designated by the
board, or a doctorate in social work from an accredited university.
new text end
Sec. 3.
Minnesota Statutes 2008, section 148D.010, subdivision 9, is amended to read:
Subd. 9.
Practice of social work.
new text begin (a) new text end "Practice of social work" means working
to maintain, restore, or improve behavioral, cognitive, emotional, mental, or social
functioning of clients, in a manner that applies accepted professional social work
knowledge, skills, and values, including the person-in-environment perspective, by
providing in person or through telephone, video conferencing, or electronic means one or
more of the social work services described in new text begin paragraph (b), new text end clauses (1) to (3). Social work
services may address conditions that impair or limit behavioral, cognitive, emotional,
mental, or social functioning. Such conditions include, but are not limited to, the
following: abuse and neglect of children or vulnerable adults, addictions, developmental
disorders, disabilities, discrimination, illness, injuries, poverty, and trauma.new text begin Practice
of social work also means providing social work services in a position for which the
educational basis is the individual's degree in social work described in subdivision 13.
new text end
new text begin (b)new text end Social work services include:
(1) providing assessment and intervention through direct contact with clients,
developing a plan based on information from an assessment, and providing services which
include, but are not limited to, assessment, case management, client-centered advocacy,
client education, consultation, counseling, crisis intervention, and referral;
(2) providing for the direct or indirect benefit of clients through administrative,
educational, policy, or research services including, but not limited to:
(i) advocating for policies, programs, or services to improve the well-being of clients;
(ii) conducting research related to social work services;
(iii) developing and administering programs which provide social work services;
(iv) engaging in community organization to address social problems through
planned collective action;
(v) supervising individuals who provide social work services to clients;
(vi) supervising social workers in order to comply with the supervised practice
requirements specified in sections 148D.100 to 148D.125; and
(vii) teaching professional social work knowledge, skills, and values to students; and
(3) engaging in clinical practice.
Sec. 4.
Minnesota Statutes 2008, section 148D.010, subdivision 15, is amended to read:
Subd. 15.
Supervisee.
"Supervisee" means an individual provided evaluation and
supervision or direction by deleted text begin a social workerdeleted text end new text begin an individual who meets the requirements of
section 148D.120new text end .
Sec. 5.
Minnesota Statutes 2008, section 148D.010, is amended by adding a
subdivision to read:
new text begin Subd. 17. new text end
new text begin Supervisor. new text end
new text begin
"Supervisor" means an individual who provides evaluation
and direction through supervision as specified in subdivision 16, in order to comply with
sections 148D.100 to 148D.125.
new text end
Sec. 6.
Minnesota Statutes 2008, section 148D.025, subdivision 2, is amended to read:
Subd. 2.
Qualifications of board members.
(a) All social worker members must
have engaged in the practice of social work in Minnesota for at least one year during
the ten years preceding their appointments.
(b) Five social worker members must be licensed social workersnew text begin according to
section 148D.055, subdivision 2new text end . The other five members must deleted text begin bedeleted text end new text begin includenew text end a licensed
graduate social worker, a licensed independent social worker, deleted text begin or adeleted text end new text begin and at least twonew text end licensed
independent clinical social deleted text begin workerdeleted text end new text begin workersnew text end .
(c) Eight social worker members must be engaged at the time of their appointment in
the practice of social work in Minnesota in the following settings:
(1) one member must be engaged in the practice of social work in a county agency;
(2) one member must be engaged in the practice of social work in a state agency;
(3) one member must be engaged in the practice of social work in an elementary,
middle, or secondary school;
(4) one member must be employed in a hospital or nursing home licensed under
chapter 144 or 144A;
(5) deleted text begin two membersdeleted text end new text begin one membernew text end must be engaged in the practice of social work in a
private agency;
(6) deleted text begin one memberdeleted text end new text begin two membersnew text end must be engaged in the practice of social work in a
clinical social work setting; and
(7) one member must be an educator engaged in regular teaching duties at a
program of social work accredited by the Council on Social Work Education or a similar
accreditation body designated by the board.
(d) At the time of their appointments, at least six members must reside outside of the
deleted text begin seven-countydeleted text end new text begin 11-countynew text end metropolitan area.
(e) At the time of their appointments, at least five members must be persons with
expertise in communities of color.
Sec. 7.
Minnesota Statutes 2008, section 148D.025, subdivision 3, is amended to read:
Subd. 3.
Officers.
The board must deleted text begin annuallydeleted text end new text begin bienniallynew text end elect from its membership a
chair, vice-chair, and secretary-treasurer.
Sec. 8.
Minnesota Statutes 2008, section 148D.061, subdivision 6, is amended to read:
Subd. 6.
Evaluation by supervisor.
(a) After being issued a provisional license
under subdivision 1, the deleted text begin licenseedeleted text end new text begin licensee's supervisornew text end must submit an evaluation deleted text begin by the
licensee's supervisordeleted text end every six months during the first 2,000 hours of social work practice.
The evaluation must meet the requirements in section 148D.063. The supervisor must
meet the eligibility requirements specified in section 148D.062.
(b) After completion of 2,000 hours of supervised social work practice, the licensee's
supervisor must submit a final evaluation and attest to the applicant's ability to engage in
the practice of social work deleted text begin safely anddeleted text end competentlynew text begin and ethicallynew text end .
Sec. 9.
Minnesota Statutes 2008, section 148D.061, subdivision 8, is amended to read:
Subd. 8.
Disciplinary or other action.
The board may take action according to
sections 148D.260 to 148D.270 if:
(1) the licensee's supervisor does not submit an evaluation as required by section
deleted text begin 148D.062deleted text end new text begin 148D.063new text end ;
(2) an evaluation submitted according to section deleted text begin 148D.062deleted text end new text begin 148D.063new text end indicates that
the licensee cannot practice social work competently and deleted text begin safelydeleted text end new text begin ethicallynew text end ; or
(3) the licensee does not comply with the requirements of subdivisions 1 to 7.
Sec. 10.
Minnesota Statutes 2008, section 148D.062, subdivision 2, is amended to read:
Subd. 2.
Practice requirements.
The supervision required by subdivision 1 must
be obtained during the first 2,000 hours of social work practice after the effective date of
the provisional license. At least three hours of supervision must be obtained during every
160 hours of practicenew text begin under a provisional license until a permanent license is issuednew text end .
Sec. 11.
Minnesota Statutes 2008, section 148D.063, subdivision 2, is amended to read:
Subd. 2.
Evaluation.
(a) When a deleted text begin superviseedeleted text end new text begin licensee's supervisornew text end submits an
evaluation to the board according to section 148D.061, subdivision 6, the supervisee and
supervisor must provide the following information on a form provided by the board:
(1) the name of the supervisee, the name of the agency in which the supervisee is
being supervised, and the supervisee's position title;
(2) the name and qualifications of the supervisor;
(3) the number of hours and dates of each type of supervision completed;
(4) the supervisee's position description;
(5) a declaration that the supervisee has not engaged in conduct in violation of the
standards of practice in sections 148D.195 to 148D.240;
(6) a declaration that the supervisee has practiced competently and ethically
according to professional social work knowledge, skills, and values; and
(7) on a form provided by the board, an evaluation of the licensee's practice in
the following areas:
(i) development of professional social work knowledge, skills, and values;
(ii) practice methods;
(iii) authorized scope of practice;
(iv) ensuring continuing competence;
(v) ethical standards of practice; and
(vi) clinical practice, if applicable.
(b) The deleted text begin information provided on the evaluation form must demonstratedeleted text end new text begin supervisor
must attest to the satisfaction of the board new text end that the supervisee has met or has made progress
on meeting the applicable supervised practice requirements.
Sec. 12.
Minnesota Statutes 2008, section 148D.125, subdivision 1, is amended to read:
Subdivision 1.
Supervision plan.
(a) A social worker must submit, on a form
provided by the board, a supervision plan for meeting the supervision requirements
specified in sections 148D.100 to 148D.120.
(b) The supervision plan must be submitted no later than deleted text begin 90deleted text end new text begin 60new text end days after the
licensee begins a social work practice position after becoming licensed.
(c) For failure to submit the supervision plan within deleted text begin 90deleted text end new text begin 60new text end days after beginning a
social work practice position, a licensee must pay the supervision plan late fee specified in
section 148D.180 when the licensee applies for license renewal.
(d) A license renewal application submitted pursuant to section 148D.070,
subdivision 3, must not be approved unless the board has received a supervision plan.
(e) The supervision plan must include the following:
(1) the name of the supervisee, the name of the agency in which the supervisee is
being supervised, and the supervisee's position title;
(2) the name and qualifications of the person providing the supervision;
(3) the number of hours of one-on-one in-person supervision and the number and
type of additional hours of supervision to be completed by the supervisee;
(4) the supervisee's position description;
(5) a brief description of the supervision the supervisee will receive in the following
content areas:
(i) clinical practice, if applicable;
(ii) development of professional social work knowledge, skills, and values;
(iii) practice methods;
(iv) authorized scope of practice;
(v) ensuring continuing competence; and
(vi) ethical standards of practice; and
(6) if applicable, a detailed description of the supervisee's clinical social work
practice, addressing:
(i) the client population, the range of presenting issues, and the diagnoses;
(ii) the clinical modalities that were utilized; and
(iii) the process utilized for determining clinical diagnoses, including the diagnostic
instruments used and the role of the supervisee in the diagnostic process. deleted text begin An applicant for
licensure as a licensed professional clinical counselor must present evidence of completion
of a degree equivalent to that required in section 148B.5301, subdivision 1, clause (3).
deleted text end
(f) The board must receive a revised supervision plan within deleted text begin 90deleted text end new text begin 60new text end days of any
of the following changes:
(1) the supervisee has a new supervisor;
(2) the supervisee begins a new social work position;
(3) the scope or content of the supervisee's social work practice changes substantially;
(4) the number of practice or supervision hours changes substantially; or
(5) the type of supervision changes as supervision is described in section 148D.100,
subdivision 3, or 148D.105, subdivision 3, or as required in section 148D.115, subdivision
4.
(g) For failure to submit a revised supervision plan as required in paragraph (f), a
supervisee must pay the supervision plan late fee specified in section 148D.180, when
the supervisee applies for license renewal.
(h) The board must approve the supervisor and the supervision plan.
Sec. 13.
Minnesota Statutes 2008, section 148D.125, subdivision 3, is amended to read:
Subd. 3.
Verification of supervised practice.
(a) deleted text begin In addition to receiving the
attestation required pursuant to subdivision 2,deleted text end The board must receive verification of
supervised practice deleted text begin ifdeleted text end new text begin whennew text end :
(1) the deleted text begin board audits the supervision of a superviseedeleted text end new text begin licensee submits the license
renewal application formnew text end pursuant to section 148D.070, subdivision 3; or
(2) an applicant applies for a license as a licensed independent social worker or as a
licensed independent clinical social worker.
(b) When verification of supervised practice is required pursuant to paragraph (a),
the board must receive from the supervisor the following information on a form provided
by the board:
(1) the name of the supervisee, the name of the agency in which the supervisee is
being supervised, and the supervisee's position title;
(2) the name and qualifications of the supervisor;
(3) the number of hours and dates of each type of supervision completed;
(4) the supervisee's position description;
(5) a declaration that the supervisee has not engaged in conduct in violation of the
standards of practice specified in sections 148D.195 to 148D.240;
(6) a declaration that the supervisee has practiced ethically and competently in
accordance with professional social work knowledge, skills, and values;
(7) a list of the content areas in which the supervisee has received supervision,
including the following:
(i) clinical practice, if applicable;
(ii) development of professional social work knowledge, skills, and values;
(iii) practice methods;
(iv) authorized scope of practice;
(v) ensuring continuing competence; and
(vi) ethical standards of practice; and
(8) if applicable, a detailed description of the supervisee's clinical social work
practice, addressing:
(i) the client population, the range of presenting issues, and the diagnoses;
(ii) the clinical modalities that were utilized; and
(iii) the process utilized for determining clinical diagnoses, including the diagnostic
instruments used and the role of the supervisee in the diagnostic process.
(c) The information provided on the verification form must demonstrate to the board's
satisfaction that the supervisee has met the applicable supervised practice requirements.
Sec. 14. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2008, sections 148D.062, subdivision 5; 148D.125, subdivision
2; and 148D.180, subdivision 8,
new text end
new text begin
are repealed.
new text end
Sec. 15. new text begin EFFECTIVE DATE.
new text end
new text begin
This article is effective the day following final enactment.
new text end
ARTICLE 9
SOCIAL WORK - LICENSING STATUTE EFFECTIVE 2011
Section 1.
Minnesota Statutes 2008, section 148E.010, is amended by adding a
subdivision to read:
new text begin Subd. 5a. new text end
new text begin Client system. new text end
new text begin
"Client system" means the client and those in the client's
environment who are potentially influential in contributing to a resolution of the client's
issues.
new text end
Sec. 2.
Minnesota Statutes 2008, section 148E.010, is amended by adding a subdivision
to read:
new text begin Subd. 7a. new text end
new text begin Direct clinical client contact. new text end
new text begin
"Direct clinical client contact" means
in-person or electronic media interaction with a client, including client systems and
service providers, related to the client's mental and emotional functioning, differential
diagnosis, and treatment, in subdivision 6.
new text end
Sec. 3.
Minnesota Statutes 2008, section 148E.010, subdivision 11, is amended to read:
Subd. 11.
Practice of social work.
new text begin (a) new text end "Practice of social work" means working
to maintain, restore, or improve behavioral, cognitive, emotional, mental, or social
functioning of clients, in a manner that applies accepted professional social work
knowledge, skills, and values, including the person-in-environment perspective, by
providing in person or through telephone, video conferencing, or electronic means one or
more of the social work services described in new text begin paragraph (b), new text end clauses (1) to (3). Social work
services may address conditions that impair or limit behavioral, cognitive, emotional,
mental, or social functioning. Such conditions include, but are not limited to, the
following: abuse and neglect of children or vulnerable adults, addictions, developmental
disorders, disabilities, discrimination, illness, injuries, poverty, and trauma.new text begin Practice
of social work also means providing social work services in a position for which the
educational basis is the individual's degree in social work described in subdivision 13.
new text end
new text begin (b)new text end Social work services include:
(1) providing assessment and intervention through direct contact with clients,
developing a plan based on information from an assessment, and providing services which
include, but are not limited to, assessment, case management, client-centered advocacy,
client education, consultation, counseling, crisis intervention, and referral;
(2) providing for the direct or indirect benefit of clients through administrative,
educational, policy, or research services including, but not limited to:
(i) advocating for policies, programs, or services to improve the well-being of clients;
(ii) conducting research related to social work services;
(iii) developing and administering programs which provide social work services;
(iv) engaging in community organization to address social problems through
planned collective action;
(v) supervising individuals who provide social work services to clients;
(vi) supervising social workers in order to comply with the supervised practice
requirements specified in sections 148E.100 to 148E.125; and
(vii) teaching professional social work knowledge, skills, and values to students; and
(3) engaging in clinical practice.
Sec. 4.
Minnesota Statutes 2008, section 148E.010, subdivision 17, is amended to read:
Subd. 17.
Supervisee.
"Supervisee" means an individual provided evaluation and
supervision or direction by deleted text begin a social workerdeleted text end new text begin an individual who meets the requirements
under section 148E.120new text end .
Sec. 5.
Minnesota Statutes 2008, section 148E.010, is amended by adding a subdivision
to read:
new text begin Subd. 19. new text end
new text begin Supervisor. new text end
new text begin
"Supervisor" means an individual who provides evaluation
and direction through supervision as described in subdivision 18 in order to comply with
sections 148E.100 to 148E.125.
new text end
Sec. 6.
Minnesota Statutes 2008, section 148E.025, subdivision 2, is amended to read:
Subd. 2.
Qualifications of board members.
(a) All social worker members must
have engaged in the practice of social work in Minnesota for at least one year during
the ten years preceding their appointments.
(b) Five social worker members must be licensed social workersnew text begin under section
148E.055, subdivision 2new text end . The other five members must deleted text begin bedeleted text end new text begin includenew text end a licensed graduate
social worker, a licensed independent social worker, deleted text begin or adeleted text end new text begin and at least twonew text end licensed
independent clinical social deleted text begin workerdeleted text end new text begin workersnew text end .
(c) Eight social worker members must be engaged at the time of their appointment in
the practice of social work in Minnesota in the following settings:
(1) one member must be engaged in the practice of social work in a county agency;
(2) one member must be engaged in the practice of social work in a state agency;
(3) one member must be engaged in the practice of social work in an elementary,
middle, or secondary school;
(4) one member must be employed in a hospital or nursing home licensed under
chapter 144 or 144A;
(5) deleted text begin two membersdeleted text end new text begin one membernew text end must be engaged in the practice of social work in a
private agency;
(6) deleted text begin one memberdeleted text end new text begin two membersnew text end must be engaged in the practice of social work in a
clinical social work setting; and
(7) one member must be an educator engaged in regular teaching duties at a
program of social work accredited by the Council on Social Work Education or a similar
accreditation body designated by the board.
(d) At the time of their appointments, at least six members must reside outside of the
deleted text begin seven-countydeleted text end new text begin 11-county new text end metropolitan area.
(e) At the time of their appointments, at least five members must be persons with
expertise in communities of color.
Sec. 7.
Minnesota Statutes 2008, section 148E.025, subdivision 3, is amended to read:
Subd. 3.
Officers.
The board must deleted text begin annuallydeleted text end new text begin bienniallynew text end elect from its membership a
chair, vice-chair, and secretary-treasurer.
Sec. 8.
Minnesota Statutes 2008, section 148E.055, subdivision 5, is amended to read:
Subd. 5.
Licensure by examination; licensed independent clinical social worker.
(a) To be licensed as a licensed independent clinical social worker, an applicant for
licensure by examination must provide evidence satisfactory to the board that the applicant:
(1) has received a graduate degree in social work from a program accredited by
the Council on Social Work Education, the Canadian Association of Schools of Social
Work, or a similar accreditation body designated by the board, or a doctorate in social
work from an accredited university;
(2) has completed 360 clock hours (one semester credit hour = 15 clock hours) in
the following clinical knowledge areas:
(i) 108 clock hours (30 percent) in differential diagnosis and biopsychosocial
assessment, including normative development and psychopathology across the life span;
(ii) 36 clock hours (ten percent) in assessment-based clinical treatment planning with
measurable goals;
(iii) 108 clock hours (30 percent) in clinical intervention methods informed by
research and current standards of practice;
(iv) 18 clock hours (five percent) in evaluation methodologies;
(v) 72 clock hours (20 percent) in social work values and ethics, including cultural
context, diversity, and social policy; and
(vi) 18 clock hours (five percent) in culturally specific clinical assessment and
intervention;
(3) has practiced clinical social work as defined in section 148E.010, including both
diagnosis and treatment, and has met the supervised practice requirements specified in
sections 148E.100 to 148E.125;
(4) has passed the clinical or equivalent examination administered by the Association
of Social Work Boards or a similar examination body designated by the board. Unless an
applicant applies for licensure by endorsement according to subdivision 7, an examination
is not valid if it was taken and passed eight or more years prior to submitting a completed,
signed application form provided by the board;
(5) has submitted a completed, signed application form provided by the board,
including the applicable application fee specified in section 148E.180. For applications
submitted electronically, a "signed application" means providing an attestation as specified
by the board;
(6) has submitted the criminal background check fee and a form provided by the
board authorizing a criminal background check according to subdivision 8;
(7) has paid the license fee specified in section 148E.180; and
(8) has not engaged in conduct that was or would be in violation of the standards
of practice specified in sections 148E.195 to 148E.240. If the applicant has engaged in
conduct that was or would be in violation of the standards of practice, the board may take
action according to sections 148E.255 to 148E.270.
(b) The requirement in paragraph (a), clause (2), may be satisfied through: (1)
a graduate degree program accredited by the Council on Social Work Education, the
Canadian Association of Schools of Social Work, or a similar accreditation body
designated by the board; or a doctorate in social work from an accredited university; (2)
deleted text begin postgraduatedeleted text end new text begin graduatenew text end courseworknew text begin from an accredited institution of higher learningnew text end ; or
(3) up to 90 continuing education hoursnew text begin , not to exceed 20 hours of independent study
as specified in section 148E.130, subdivision 5new text end . The continuing education must have a
course description available for public review and must include a posttest. Compliance
with this requirement must be documented on a form provided by the board. The board
may conduct audits of the information submitted in order to determine compliance with
the requirements of this section.
(c) An application which is not completed and signed, or which is not accompanied
by the correct fee, must be returned to the applicant, along with any fee submitted, and is
void.
(d) By submitting an application for licensure, an applicant authorizes the board to
investigate any information provided or requested in the application. The board may
request that the applicant provide additional information, verification, or documentation.
(e) Within one year of the time the board receives an application for licensure, the
applicant must meet all the requirements specified in paragraph (a) and must provide all of
the information requested by the board according to paragraph (d). If within one year the
applicant does not meet all the requirements, or does not provide all of the information
requested, the applicant is considered ineligible and the application for licensure must
be closed.
(f) Except as provided in paragraph (g), an applicant may not take more than three
times the clinical or equivalent examination administered by the Association of Social
Work Boards or a similar examination body designated by the board. An applicant must
receive a passing score on the clinical or equivalent examination administered by the
Association of Social Work Boards or a similar examination body designated by the board
no later than 18 months after the first time the applicant failed the examination.
(g) Notwithstanding paragraph (f), the board may allow an applicant to take, for a
fourth or subsequent time, the clinical or equivalent examination administered by the
Association of Social Work Boards or a similar examination body designated by the
board if the applicant:
(1) meets all requirements specified in paragraphs (a) to (e) other than passing the
clinical or equivalent examination administered by the Association of Social Work Boards
or a similar examination body designated by the board;
(2) provides to the board a description of the efforts the applicant has made to
improve the applicant's score and demonstrates to the board's satisfaction that the efforts
are likely to improve the score; and
(3) provides to the board letters of recommendation from two licensed social
workers attesting to the applicant's ability to practice social work competently and
ethically according to professional social work knowledge, skills, and values.
(h) An individual must not practice social work until the individual passes the
examination and receives a social work license under this section or section 148E.060. If
the board has reason to believe that an applicant may be practicing social work without a
license, and the applicant has failed the clinical or equivalent examination administered
by the Association of Social Work Boards or a similar examination body designated by
the board, the board may notify the applicant's employer that the applicant is not licensed
as a social worker.
Sec. 9.
Minnesota Statutes 2008, section 148E.100, is amended by adding a subdivision
to read:
new text begin Subd. 2a. new text end
new text begin Supervised practice obtained prior to August 1, 2011. new text end
new text begin
(a)
Notwithstanding the requirements in subdivisions 1 and 2, the board shall approve hours
of supervised practice completed prior to August 1, 2011, which comply with sections
148D.100 to 148D.125. These hours must apply to supervised practice requirements in
effect as specified in this section.
new text end
new text begin
(b) Any additional hours of supervised practice obtained effective August 1, 2011,
must comply with the increased requirements specified in this section.
new text end
Sec. 10.
Minnesota Statutes 2008, section 148E.100, subdivision 3, is amended to read:
Subd. 3.
Types of supervision.
Of the 100 hours of supervision required under
subdivision 1:
(1) 50 hours must be provided through one-on-one supervision, including: (i)
a minimum of 25 hours of in-person supervision, and (ii) no more than 25 hours of
supervision via eye-to-eye electronic medianew text begin , while maintaining visual contactnew text end ; and
(2) 50 hours must be provided through: (i) one-on-one supervision, or (ii) group
supervision. The supervision may be in person, by telephone, or via eye-to-eye electronic
medianew text begin , while maintaining visual contactnew text end . The supervision must not be provided by e-mail.
Group supervision is limited to six deleted text begin members not counting the supervisor or supervisorsdeleted text end new text begin
superviseesnew text end .
Sec. 11.
Minnesota Statutes 2008, section 148E.100, subdivision 4, is amended to read:
Subd. 4.
Supervisor requirements.
The supervision required by subdivision 1 must
be provided by a supervisor whonew text begin meets the requirements specified in section 148E.120.
The supervision must be provided by anew text end :
(1) deleted text begin is adeleted text end licensed social worker who has completed the supervised practice
requirements;
(2) deleted text begin is adeleted text end licensed graduate social worker, licensed independent social worker, or
licensed independent clinical social worker; or
(3) new text begin supervisor who new text end meets the requirements specified in section 148E.120,
subdivision 2.
Sec. 12.
Minnesota Statutes 2008, section 148E.100, subdivision 5, is amended to read:
Subd. 5.
Supervisee requirements.
The supervisee must:
(1) to the satisfaction of the supervisor, practice competently and ethically according
to professional social work knowledge, skills, and values;
(2) receive supervision in the following content areas:
(i) development of professional values and responsibilities;
(ii) practice skills;
(iii) authorized scope of practice;
(iv) ensuring continuing competence; and
(v) ethical standards of practice;
(3) submit a supervision plan according to section 148E.125, subdivision 1; and
(4) deleted text begin if the board audits the supervisee's supervised practice,deleted text end submit verification of
supervised practice according to section 148E.125, subdivision 3new text begin , when a licensed social
worker applies for the renewal of a licensenew text end .
Sec. 13.
Minnesota Statutes 2008, section 148E.100, subdivision 6, is amended to read:
Subd. 6.
After completion of supervision requirements.
A licensed social worker
who fulfills the supervision requirements specified in deleted text begin subdivisions 1 to 5deleted text end new text begin this sectionnew text end is not
required to be supervised after completion of the supervision requirements.
Sec. 14.
Minnesota Statutes 2008, section 148E.100, subdivision 7, is amended to read:
Subd. 7.
deleted text begin Attestationdeleted text end new text begin Verification of supervised practicenew text end .
The social worker and
the social worker's supervisor must deleted text begin attestdeleted text end new text begin submit verificationnew text end that the supervisee has met
or has made progress on meeting the applicable supervision requirements according to
section 148E.125, subdivision deleted text begin 2deleted text end new text begin 3new text end .
Sec. 15.
Minnesota Statutes 2008, section 148E.105, subdivision 1, is amended to read:
Subdivision 1.
Supervision required after licensure.
After receiving a license
from the board as a licensed graduate social worker, a licensed graduate social worker
new text begin not engaged in clinical practice new text end must obtain at least 100 hours of supervision according to
the requirements of this section.
Sec. 16.
Minnesota Statutes 2008, section 148E.105, is amended by adding a
subdivision to read:
new text begin Subd. 2a. new text end
new text begin Supervised practice obtained prior to August 1, 2011. new text end
new text begin
(a)
Notwithstanding the requirements in subdivisions 1 and 2, the board shall approve hours
of supervised practice completed prior to August 1, 2011, which comply with sections
148D.100 to 148D.125. These hours shall apply to supervised practice requirements in
effect as specified in this section.
new text end
new text begin
(b) Any additional hours of supervised practice obtained effective August 1, 2011,
must comply with the increased requirements specified in this section.
new text end
Sec. 17.
Minnesota Statutes 2008, section 148E.105, subdivision 3, is amended to read:
Subd. 3.
Types of supervision.
Of the 100 hours of supervision required under
subdivision 1:
(1) 50 hours must be provided though one-on-one supervision, including: (i)
a minimum of 25 hours of in-person supervision, and (ii) no more than 25 hours of
supervision via eye-to-eye electronic medianew text begin , while maintaining visual contactnew text end ; and
(2) 50 hours must be provided through: (i) one-on-one supervision, or (ii) group
supervision. The supervision may be in person, by telephone, or via eye-to-eye electronic
medianew text begin , while maintaining visual contactnew text end . The supervision must not be provided by e-mail.
Group supervision is limited to six supervisees.
Sec. 18.
Minnesota Statutes 2008, section 148E.105, subdivision 5, is amended to read:
Subd. 5.
Supervisee requirements.
The supervisee must:
(1) to the satisfaction of the supervisor, practice competently and ethically according
to professional social work knowledge, skills, and values;
(2) receive supervision in the following content areas:
(i) development of professional values and responsibilities;
(ii) practice skills;
(iii) authorized scope of practice;
(iv) ensuring continuing competence; and
(v) ethical standards of practice;
(3) submit a supervision plan according to section 148E.125, subdivision 1; and
(4) verify supervised practice according to section 148E.125, subdivision 3, deleted text begin ifdeleted text end new text begin whennew text end :
(i) deleted text begin the board audits the supervisee's supervised practicedeleted text end new text begin a licensed graduate social
worker applies for the renewal of a licensenew text end ; or
(ii) a licensed graduate social worker applies for a licensed independent social
worker license.
Sec. 19.
Minnesota Statutes 2008, section 148E.105, subdivision 7, is amended to read:
Subd. 7.
deleted text begin Attestationdeleted text end new text begin Verification of supervised practicenew text end .
A social worker and the
social worker's supervisor must deleted text begin attestdeleted text end new text begin submit verificationnew text end that the supervisee has met
or has made progress on meeting the applicable supervision requirements according to
section 148E.125, subdivision deleted text begin 2deleted text end new text begin 3new text end .
Sec. 20.
Minnesota Statutes 2008, section 148E.106, subdivision 1, is amended to read:
Subdivision 1.
Supervision required after licensure.
After receiving a license
from the board as a licensed graduate social worker, a licensed graduate social worker
new text begin engaged in clinical practice new text end must obtain at least 200 hours of supervision according to
the requirements of this sectiondeleted text begin .deleted text end new text begin :
new text end
new text begin
(1) a minimum of four hours and a maximum of eight hours of supervision must be
obtained during every 160 hours of practice until the licensed graduate social worker is
issued a licensed independent clinical social worker license;
new text end
new text begin
(2) a minimum of 200 hours of supervision must be completed, in addition to all
other requirements according to sections 148E.115 to 148E.125, to be eligible to apply for
the licensed independent clinical social worker license; and
new text end
new text begin
(3) the supervisee and supervisor are required to adjust the rate of supervision
obtained, based on the ratio of four hours of supervision during every 160 hours of
practice, to ensure compliance with the requirements in subdivision 2.
new text end
Sec. 21.
Minnesota Statutes 2008, section 148E.106, subdivision 2, is amended to read:
Subd. 2.
Practice requirements.
The supervision required by subdivision 1 must
be obtained deleted text begin during the first 4,000 hours of postgraduate social work practice authorized by
law. At leastdeleted text end new text begin :
new text end
new text begin
(1) in no less than 4,000 hours and no more than 8,000 hours of postgraduate,
clinical social work practice authorized by law, including at least 1,800 hours of direct
clinical client contact; and
new text end
new text begin (2) a minimum of four hours and a maximum ofnew text end eight hours of supervision must be
obtained during every 160 hours of practice.
Sec. 22.
Minnesota Statutes 2008, section 148E.106, is amended by adding a
subdivision to read:
new text begin Subd. 2a. new text end
new text begin Supervised practice obtained prior to August 1, 2011. new text end
new text begin
(a)
Notwithstanding the requirements in subdivisions 1 and 2, the board shall approve hours
of supervised practice completed prior to August 1, 2011, which comply with sections
148D.100 to 148D.125. These hours shall apply to supervised practice requirements in
effect as specified in this section.
new text end
new text begin
(b) Any additional hours of supervised practice obtained effective August 1, 2011,
must comply with the increased requirements specified in this section.
new text end
new text begin
(c) Notwithstanding the requirements in subdivision 2, clause (1), direct clinical
client contact hours are not: (1) required prior to August 1, 2011, and (2) required of a
licensed graduate social worker engaged in clinical practice with a licensed graduate
social worker license issue date prior to August 1, 2011.
new text end
Sec. 23.
Minnesota Statutes 2008, section 148E.106, subdivision 3, is amended to read:
Subd. 3.
Types of supervision.
Of the 200 hours of supervision required under
subdivision 1:
(1) 100 hours must be provided through one-on-one supervision, including: (i)
a minimum of 50 hours of in-person supervision, and (ii) no more than 50 hours of
supervision via eye-to-eye electronic medianew text begin , while maintaining visual contactnew text end ; and
(2) 100 hours must be provided through: (i) one-on-one supervision, or (ii) group
supervision. The supervision may be in person, by telephone, or via eye-to-eye electronic
medianew text begin , while maintaining visual contactnew text end . The supervision must not be provided by e-mail.
Group supervision is limited to six supervisees.
Sec. 24.
Minnesota Statutes 2008, section 148E.106, subdivision 4, is amended to read:
Subd. 4.
Supervisor requirements.
The supervision required by subdivision 1 must
be provided by a supervisor who meets the requirements specified in section 148E.120.
The supervision must be providednew text begin by anew text end :
(1) deleted text begin by adeleted text end licensed independent clinical social worker; or
(2) deleted text begin by adeleted text end supervisor who meets the requirements specified in section 148E.120,
subdivision 2.
Sec. 25.
Minnesota Statutes 2008, section 148E.106, subdivision 5, is amended to read:
Subd. 5.
Supervisee requirements.
The supervisee must:
(1) to the satisfaction of the supervisor, practice competently and ethically according
to professional social work knowledge, skills, and values;
(2) receive supervision in the following content areas:
(i) development of professional values and responsibilities;
(ii) practice skills;
(iii) authorized scope of practice;
(iv) ensuring continuing competence; and
(v) ethical standards of practice;
(3) submit a supervision plan according to section 148E.125, subdivision 1; and
(4) verify supervised practice according to section 148E.125, subdivision 3, deleted text begin ifdeleted text end new text begin whennew text end :
(i) deleted text begin the board audits the supervisee's supervised practicedeleted text end new text begin a licensed graduate social
worker applies for the renewal of a licensenew text end ; or
(ii) a licensed graduate social worker applies for a licensed independent clinical
social worker license.
Sec. 26.
Minnesota Statutes 2008, section 148E.106, subdivision 8, is amended to read:
Subd. 8.
Eligibility to apply for licensure as a licensed independent new text begin clinical
new text end social worker.
Upon completion of new text begin not less than new text end 4,000 hours new text begin and not more than 8,000
hours new text end of clinical social work practice, including at least 1,800 hours of direct clinical
client contact and 200 hours of supervision according to the requirements of this section,
a licensed graduate social worker is eligible to apply for a licensed independent clinical
social worker license under section 148E.115, subdivision 1.
Sec. 27.
Minnesota Statutes 2008, section 148E.106, subdivision 9, is amended to read:
Subd. 9.
deleted text begin Attestationdeleted text end new text begin Verification of supervised practicenew text end .
A social worker and the
social worker's supervisor must deleted text begin attestdeleted text end new text begin submit verificationnew text end that the supervisee has met
or has made progress on meeting the applicable supervision requirements according to
section 148E.125, subdivision deleted text begin 2deleted text end new text begin 3new text end .
Sec. 28.
Minnesota Statutes 2008, section 148E.110, subdivision 1, is amended to read:
Subdivision 1.
Supervision required before licensure.
Before becoming licensed
as a licensed independent social worker, a person must have obtained at least 100 hours
of supervision during 4,000 hours of postgraduate social work practice required by law
according to the requirements of section 148E.105deleted text begin , subdivisions 3, 4, and 5deleted text end . At least four
hours of supervision must be obtained during every 160 hours of practice.
Sec. 29.
Minnesota Statutes 2008, section 148E.110, is amended by adding a
subdivision to read:
new text begin Subd. 1a. new text end
new text begin Supervised practice obtained prior to August 1, 2011. new text end
new text begin
(a)
Notwithstanding subdivision 1, the board shall approve supervised practice hours
completed prior to August 1, 2011, which comply with sections 148D.100 to 148D.125.
These hours must apply to supervised practice requirements in effect as specified in this
section.
new text end
new text begin
(b) Any additional hours of supervised practice obtained on or after August 1, 2011,
must comply with the increased requirements in this section.
new text end
Sec. 30.
Minnesota Statutes 2008, section 148E.110, subdivision 2, is amended to read:
Subd. 2.
Licensed independent social workers; clinical social work after
licensure.
After licensure, a licensed independent social worker must not engage in
clinical social work practice except under supervision by a licensed independent clinical
social worker new text begin who meets the requirements in section 148E.120, subdivision 1, new text end or an
alternate supervisor designated according to section 148E.120, subdivision 2.
Sec. 31.
Minnesota Statutes 2008, section 148E.110, is amended by adding a
subdivision to read:
new text begin Subd. 5. new text end
new text begin
Supervision; licensed independent social worker engaged in clinical
social work practice.
new text end
new text begin
(a) After receiving a license from the board as a licensed
independent social worker, a licensed independent social worker engaged in clinical social
work practice must obtain at least 200 hours of supervision according to the requirements
of this section.
new text end
new text begin
(b) A minimum of four hours and a maximum of eight hours of supervision must be
obtained during every 160 hours of practice until the licensed independent social worker is
issued a licensed independent clinical social worker license.
new text end
new text begin
(c) A minimum of 200 hours of supervision must be completed, in addition to all
other requirements according to sections 148E.115 to 148E.125, to be eligible to apply
for the licensed independent clinical social worker license.
new text end
new text begin
(d) The supervisee and supervisor are required to adjust the rate of supervision
obtained based on the ratio of four hours of supervision during every 160 hours of practice
to ensure compliance with the requirements in subdivision 1a.
new text end
Sec. 32.
Minnesota Statutes 2008, section 148E.110, is amended by adding a
subdivision to read:
new text begin Subd. 6. new text end
new text begin
Practice requirements after licensure as licensed independent social
worker; clinical social work practice.
new text end
new text begin
(a) The supervision required by subdivision 5
must be obtained:
new text end
new text begin
(1) in no less than 4,000 hours and no more than 8,000 hours of postgraduate clinical
social work practice authorized by law, including at least 1,800 hours of direct clinical
client contact; and
new text end
new text begin
(2) a minimum of four hours and a maximum of eight hours of supervision must be
obtained during every 160 hours of practice.
new text end
new text begin
(b) Notwithstanding paragraph (a), clause (1), direct clinical client contact hours
are not: (1) required prior to August 1, 2011, and (2) required of a licensed independent
social worker engaged in clinical practice with a licensed independent social worker
license issue date prior to August 1, 2011.
new text end
Sec. 33.
Minnesota Statutes 2008, section 148E.110, is amended by adding a
subdivision to read:
new text begin Subd. 7. new text end
new text begin
Supervision; clinical social work practice after licensure as licensed
independent social worker.
new text end
new text begin
Of the 200 hours of supervision required under subdivision 5:
new text end
new text begin
(1) 100 hours must be provided through one-on-one supervision, including:
new text end
new text begin
(i) a minimum of 50 hours of in-person supervision; and
new text end
new text begin
(ii) no more than 50 hours of supervision via eye-to-eye electronic media, while
maintaining visual contact; and
new text end
new text begin
(2) 100 hours must be provided through:
new text end
new text begin
(i) one-on-one supervision; or
new text end
new text begin
(ii) group supervision.
new text end
new text begin
The supervision may be by telephone, in person, or via eye-to-eye electronic media while
maintaining visual contact. The supervision must not be provided by e-mail. Group
supervision is limited to six supervisees.
new text end
Sec. 34.
Minnesota Statutes 2008, section 148E.110, is amended by adding a
subdivision to read:
new text begin Subd. 8. new text end
new text begin Supervision; clinical social work practice after licensure. new text end
new text begin
The
supervision required by subdivision 5 must be provided by a supervisor who meets the
requirements specified in section 148E.120. The supervision must be provided by a:
new text end
new text begin
(1) licensed independent clinical social worker; or
new text end
new text begin
(2) supervisor who meets the requirements specified in section 148E.120,
subdivision 2.
new text end
Sec. 35.
Minnesota Statutes 2008, section 148E.110, is amended by adding a
subdivision to read:
new text begin Subd. 9. new text end
new text begin
Supervisee requirements; clinical social work practice after licensure.
new text end
new text begin
The supervisee must:
new text end
new text begin
(1) to the satisfaction of the supervisor, practice competently and ethically according
to professional social work knowledge, skills, and values;
new text end
new text begin
(2) receive supervision in the following content areas:
new text end
new text begin
(i) development of professional values and responsibilities;
new text end
new text begin
(ii) practice skills;
new text end
new text begin
(iii) authorized scope of practice;
new text end
new text begin
(iv) ensuring continuing competence; and
new text end
new text begin
(v) ethical standards of practice;
new text end
new text begin
(3) submit a supervision plan according to section 148E.125, subdivision 1; and
new text end
new text begin
(4) verify supervised practice according to section 148E.125, subdivision 3, when:
new text end
new text begin
(i) a licensed independent social worker applies for the renewal of a license; or
new text end
new text begin
(ii) a licensed independent social worker applies for a licensed independent clinical
social worker license.
new text end
Sec. 36.
Minnesota Statutes 2008, section 148E.110, is amended by adding a
subdivision to read:
new text begin Subd. 10. new text end
new text begin Limit on practice of clinical social work. new text end
new text begin
(a) Except as provided in
paragraph (b), a licensed independent social worker must not engage in clinical social
work practice under supervision for more than 8,000 hours. In order to practice clinical
social work for more than 8,000 hours, a licensed independent social worker must obtain a
licensed independent clinical social worker license.
new text end
new text begin
(b) Notwithstanding the requirements of paragraph (a), the board may grant a
licensed independent social worker permission to engage in clinical social work practice
for more than 8,000 hours if the licensed independent social worker petitions the board
and demonstrates to the board's satisfaction that for reasons of personal hardship the
licensed independent social worker should be granted an extension to continue practicing
clinical social work under supervision for up to an additional 2,000 hours.
new text end
Sec. 37.
Minnesota Statutes 2008, section 148E.110, is amended by adding a
subdivision to read:
new text begin Subd. 11. new text end
new text begin
Eligibility for licensure; licensed independent clinical social worker.
new text end
new text begin
Upon completion of not less than 4,000 hours and not more than 8,000 hours of clinical
social work practice, including at least 1,800 hours of direct clinical client contact and 200
hours of supervision according to the requirements of this section, a licensed independent
social worker is eligible to apply for a licensed independent clinical social worker license
under section 148E.115, subdivision 1.
new text end
Sec. 38.
Minnesota Statutes 2008, section 148E.110, is amended by adding a
subdivision to read:
new text begin Subd. 12. new text end
new text begin Verification of supervised practice. new text end
new text begin
A social worker and the social
worker's supervisor must submit verification that the supervisee has met or has made
progress on meeting the applicable supervision requirements according to section
148E.125, subdivision 3.
new text end
Sec. 39.
Minnesota Statutes 2008, section 148E.115, subdivision 1, is amended to read:
Subdivision 1.
Supervision deleted text begin requireddeleted text end before licensurenew text begin ; licensed independent
clinical social workernew text end .
Before becoming licensed as a licensed independent clinical social
worker, a person must have obtained at least 200 hours of supervision deleted text begin duringdeleted text end new text begin at the rate
of a minimum of four and a maximum of eight hours of supervision for every 160 hours
of practice, in not less thannew text end 4,000 hours new text begin and not more than 8,000 hours new text end of postgraduate
clinical practice required by lawnew text begin , including at least 1,800 hours of direct clinical client
contact,new text end according to the requirements of section 148E.106.
Sec. 40.
Minnesota Statutes 2008, section 148E.115, is amended by adding a
subdivision to read:
new text begin Subd. 1a. new text end
new text begin Supervised practice obtained prior to August 1, 2011. new text end
new text begin
(a)
Notwithstanding subdivisions 1 and 2, applicants and licensees who have completed hours
of supervised practice prior to August 1, 2011, which comply with sections 148D.100 to
148D.125, may have that supervised practice applied to the licensing requirement.
new text end
new text begin
(b) Any additional hours of supervised practice obtained on or after August 1, 2011,
must comply with the increased requirements in this section.
new text end
new text begin
(c) Notwithstanding subdivision 1, in order to qualify for the licensed independent
clinical social work license, direct clinical client contact hours are not:
new text end
new text begin
(1) required prior to August 1, 2011; and
new text end
new text begin
(2) required of either a licensed graduate social worker or a licensed independent
social worker engaged in clinical practice with a license issued prior to August 1, 2011.
new text end
Sec. 41.
Minnesota Statutes 2008, section 148E.120, is amended to read:
148E.120 REQUIREMENTS OF SUPERVISORS.
Subdivision 1.
Supervisors licensed as social workers.
(a) Except as provided
in paragraph deleted text begin (b)deleted text end new text begin (d)new text end , to be eligible to provide supervision under this section, a social
worker must:
(1) deleted text begin have at least 2,000 hours of experience in authorized social work practice. If
the person is providing clinical supervision, the 2,000 hours must include 1,000 hours of
experience in clinical practice;
deleted text end
deleted text begin (2)deleted text end have completed 30 hours of training in supervision through coursework from
an accredited college or university, or through continuing education in compliance with
sections 148E.130 to 148E.170;
deleted text begin (3)deleted text end new text begin (2)new text end be competent in the activities being supervised; and
deleted text begin (4)deleted text end new text begin (3)new text end attest, on a form provided by the board, that the social worker has met the
applicable requirements specified in this section and sections 148E.100 to 148E.115. The
board may audit the information provided to determine compliance with the requirements
of this section.
new text begin
(b) A licensed independent clinical social worker providing clinical licensing
supervision to a licensed graduate social worker or a licensed independent social worker
must have at least 2,000 hours of experience in authorized social work practice, including
1,000 hours of experience in clinical practice after obtaining a licensed independent
clinical social work license.
new text end
new text begin
(c) A licensed social worker, licensed graduate social worker, licensed independent
social worker, or licensed independent clinical social worker providing nonclinical
licensing supervision must have completed the supervised practice requirements specified
in section 148E.100, 148E.105, 148E.106, 148E.110, or 148E.115, as applicable.
new text end
deleted text begin (b)deleted text end new text begin (d)new text end If the board determines that supervision is not obtainable from an individual
meeting the requirements specified in paragraph (a), the board may approve an alternate
supervisor according to subdivision 2.
Subd. 2.
Alternate supervisors.
(a) The board may approve an alternate supervisor
if:
(1) the board determines that supervision is not obtainable according to paragraph
(b);
(2) the licensee requests in the supervision plan submitted according to section
148E.125, subdivision 1, that an alternate supervisor conduct the supervision;
(3) the licensee describes the proposed supervision and the name and qualifications
of the proposed alternate supervisor; and
(4) the requirements of paragraph (d) are met.
(b) The board may determine that supervision is not obtainable if:
(1) the licensee provides documentation as an attachment to the supervision plan
submitted according to section 148E.125, subdivision 1, that the licensee has conducted a
thorough search for a supervisor meeting the applicable licensure requirements specified
in sections 148E.100 to 148E.115;
(2) the licensee demonstrates to the board's satisfaction that the search was
unsuccessful; and
(3) the licensee describes the extent of the search and the names and locations of
the persons and organizations contacted.
(c) The requirements specified in paragraph (b) do not apply to obtaining new text begin licensing
new text end supervision for deleted text begin clinicaldeleted text end new text begin social worknew text end practice if the board determines that there are five or
fewer deleted text begin licensed independent clinical social workersdeleted text end new text begin supervisors meeting the applicable
licensure requirements in sections 148E.100 to 148E.115new text end in the county where the licensee
practices social work.
(d) An alternate supervisor must:
(1) be an unlicensed social worker who is employed in, and provides the supervision
in, a setting exempt from licensure by section 148E.065, and who has qualifications
equivalent to the applicable requirements specified in sections 148E.100 to 148E.115;
(2) be a social worker engaged in authorized practice in Iowa, Manitoba, North
Dakota, Ontario, South Dakota, or Wisconsin, and has the qualifications equivalent to the
applicable requirements specified in sections 148E.100 to 148E.115; or
(3) be a licensed marriage and family therapist or a mental health professional
as established by section 245.462, subdivision 18, or 245.4871, subdivision 27, or an
equivalent mental health professional, as determined by the board, who is licensed or
credentialed by a state, territorial, provincial, or foreign licensing agency.
new text begin (e) new text end In order to qualify to provide clinical supervision of a licensed graduate social
worker or licensed independent social worker engaged in clinical practice, the alternate
supervisor must be a mental health professional as established by section 245.462,
subdivision 18, or 245.4871, subdivision 27, or an equivalent mental health professional,
as determined by the board, who is licensed or credentialed by a state, territorial,
provincial, or foreign licensing agency.
Sec. 42.
Minnesota Statutes 2008, section 148E.125, subdivision 1, is amended to read:
Subdivision 1.
Supervision plan.
(a) A social worker must submit, on a form
provided by the board, a supervision plan for meeting the supervision requirements
specified in sections 148E.100 to 148E.120.
(b) The supervision plan must be submitted no later than deleted text begin 90deleted text end new text begin 60new text end days after the
licensee begins a social work practice position after becoming licensed.
(c) For failure to submit the supervision plan within deleted text begin 90deleted text end new text begin 60new text end days after beginning a
social work practice position, a licensee must pay the supervision plan late fee specified in
section 148E.180 when the licensee applies for license renewal.
(d) A license renewal application submitted according to paragraph (a) must not be
approved unless the board has received a supervision plan.
(e) The supervision plan must include the following:
(1) the name of the supervisee, the name of the agency in which the supervisee is
being supervised, and the supervisee's position title;
(2) the name and qualifications of the person providing the supervision;
(3) the number of hours of one-on-one in-person supervision and the number and
type of additional hours of supervision to be completed by the supervisee;
(4) the supervisee's position description;
(5) a brief description of the supervision the supervisee will receive in the following
content areas:
(i) clinical practice, if applicable;
(ii) development of professional social work knowledge, skills, and values;
(iii) practice methods;
(iv) authorized scope of practice;
(v) ensuring continuing competence; and
(vi) ethical standards of practice; and
(6) if applicable, a detailed description of the supervisee's clinical social work
practice, addressing:
(i) the client population, the range of presenting issues, and the diagnoses;
(ii) the clinical modalities that were utilized; and
(iii) the process utilized for determining clinical diagnoses, including the diagnostic
instruments used and the role of the supervisee in the diagnostic process.
(f) The board must receive a revised supervision plan within deleted text begin 90deleted text end new text begin 60new text end days of any
of the following changes:
(1) the supervisee has a new supervisor;
(2) the supervisee begins a new social work position;
(3) the scope or content of the supervisee's social work practice changes substantially;
(4) the number of practice or supervision hours changes substantially; or
(5) the type of supervision changes as supervision is described in section 148E.100,
subdivision 3, or 148E.105, subdivision 3, or as required in section 148E.115.
(g) For failure to submit a revised supervision plan as required in paragraph (f), a
supervisee must pay the supervision plan late fee specified in section 148E.180, when
the supervisee applies for license renewal.
(h) The board must approve the supervisor and the supervision plan.
Sec. 43.
Minnesota Statutes 2008, section 148E.125, subdivision 3, is amended to read:
Subd. 3.
Verification of supervised practice.
(a) deleted text begin In addition to receiving the
attestation required under subdivision 2,deleted text end The board must receive verification of supervised
practice deleted text begin ifdeleted text end new text begin whennew text end :
(1) the deleted text begin board audits the supervision of a superviseedeleted text end new text begin licensee submits the license
renewal application formnew text end ; or
(2) an applicant applies for a license as a licensed independent social worker or as a
licensed independent clinical social worker.
(b) When verification of supervised practice is required according to paragraph (a),
the board must receive from the supervisor the following information on a form provided
by the board:
(1) the name of the supervisee, the name of the agency in which the supervisee is
being supervised, and the supervisee's position title;
(2) the name and qualifications of the supervisor;
(3) the number of hours and dates of each type of supervision completed;
(4) the supervisee's position description;
(5) a declaration that the supervisee has not engaged in conduct in violation of the
standards of practice specified in sections 148E.195 to 148E.240;
(6) a declaration that the supervisee has practiced ethically and competently
according to professional social work knowledge, skills, and values;
(7) a list of the content areas in which the supervisee has received supervision,
including the following:
(i) clinical practice, if applicable;
(ii) development of professional social work knowledge, skills, and values;
(iii) practice methods;
(iv) authorized scope of practice;
(v) ensuring continuing competence; and
(vi) ethical standards of practice; and
(8) if applicable, a detailed description of the supervisee's clinical social work
practice, addressing:
(i) the client population, the range of presenting issues, and the diagnoses;
(ii) the clinical modalities that were utilized; and
(iii) the process utilized for determining clinical diagnoses, including the diagnostic
instruments used and the role of the supervisee in the diagnostic process.
(c) The information provided on the verification form must demonstrate to the board's
satisfaction that the supervisee has met the applicable supervised practice requirements.
Sec. 44.
Minnesota Statutes 2008, section 148E.130, is amended by adding a
subdivision to read:
new text begin Subd. 1a. new text end
new text begin Increased clock hours required effective August 1, 2011. new text end
new text begin
(a) The clock
hours specified in subdivisions 1 and 4 to 6 apply to all new licenses issued effective
August 1, 2011, under section 148E.055.
new text end
new text begin
(b) Any licensee issued a license prior to August 1, 2011, under section 148D.055
must comply with the increased clock hours in subdivisions 1 and 4 to 6, and must
document the clock hours at the first two-year renewal term after August 1, 2011.
new text end
Sec. 45.
Minnesota Statutes 2008, section 148E.130, subdivision 2, is amended to read:
Subd. 2.
Ethics requirement.
At least two of the clock hours required under
subdivision 1 must be in social work ethicsdeleted text begin .deleted text end new text begin , including at least one of the following:
new text end
new text begin
(1) the history and evolution of values and ethics in social work;
new text end
new text begin
(2) ethics theories;
new text end
new text begin
(3) professional standards of social work practice, as specified in the ethical codes of
the National Association of Social Workers, the Association of Canadian Social Workers,
the Clinical Social Work Federation, and the Council on Social Work Education;
new text end
new text begin
(4) the legal requirements and other considerations for each jurisdiction that
registers, certifies, or licenses social workers; or
new text end
new text begin
(5) the ethical decision-making process.
new text end
Sec. 46.
Minnesota Statutes 2008, section 148E.130, subdivision 5, is amended to read:
Subd. 5.
Independent study.
Independent study must not consist of more than deleted text begin tendeleted text end new text begin
15new text end clock hours of continuing education per renewal term. Independent study must be for
publication, public presentation, or professional development. Independent study includes,
but is not limited to, electronic study. For purposes of subdivision deleted text begin 6deleted text end new text begin 4new text end , independent study
includes consultation deleted text begin with an experienced supervisor regarding the practice of supervisiondeleted text end new text begin
or training regarding supervision with a licensed professional who has demonstrated
supervisory skillsnew text end .
Sec. 47.
Minnesota Statutes 2008, section 148E.165, subdivision 1, is amended to read:
Subdivision 1.
Records retention; licensees.
For one year following the expiration
date of a license, the licensee must maintain documentation of clock hours earned during
the previous renewal term. The documentation must include the following:
(1) for educational workshops or seminars offered by an organization or at a
conference, a copy of the certificate of attendance issued by the presenter or sponsor
giving the following information:
(i) the name of the sponsor or presenter of the program;
(ii) the title of the workshop or seminar;
(iii) the dates the licensee participated in the program; and
(iv) the number of clock hours completed;
(2) for academic coursework offered by an institution of higher learning, a copy of a
transcript giving the following information:
(i) the name of the institution offering the course;
(ii) the title of the course;
(iii) the dates the licensee participated in the course; and
(iv) the number of credits completed;
(3) for staff training offered by public or private employers, a copy of the certificate
of attendance issued by the employer giving the following information:
(i) the name of the employer;
(ii) the title of the staff training;
(iii) the dates the licensee participated in the program; and
(iv) the number of clock hours completed; and
(4) for independent study, including electronic study,new text begin or consultation or training
regarding supervision,new text end a written summary of the deleted text begin studydeleted text end new text begin activitynew text end conducted, including the
following information:
(i) the topics deleted text begin studieddeleted text end new text begin coverednew text end ;
(ii) a description of the applicability of the deleted text begin studydeleted text end new text begin activitynew text end to the licensee's authorized
scope of practice;
(iii) the titles and authors of books and articles consulted or the name of the
organization offering the deleted text begin studydeleted text end new text begin activity, or the name and title of the licensed professional
consulted regarding supervisionnew text end ;
(iv) the dates the licensee conducted the deleted text begin studydeleted text end new text begin activitynew text end ; and
(v) the number of clock hours the licensee conducted the deleted text begin studydeleted text end new text begin activitynew text end .
Sec. 48. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2008, sections 148E.106, subdivision 6; and 148E.125,
subdivision 2,
new text end
new text begin
are repealed August 1, 2011.
new text end
Sec. 49. new text begin EFFECTIVE DATE.
new text end
new text begin
Sections 1 to 47 are effective August 1, 2011.
new text end
ARTICLE 10
DENTAL THERAPIST
Section 1.
Minnesota Statutes 2008, section 150A.01, is amended by adding a
subdivision to read:
new text begin Subd. 6b. new text end
new text begin Dental therapist. new text end
new text begin
"Dental therapist" means a person licensed under this
chapter to perform the services authorized under section 150A.105 or any other services
authorized under this chapter.
new text end
Sec. 2.
Minnesota Statutes 2008, section 150A.01, is amended by adding a subdivision
to read:
new text begin Subd. 6c. new text end
new text begin Advanced dental therapist. new text end
new text begin
"Advanced dental therapist" means a person
licensed as a dental therapist under this chapter and who has been certified by the board to
practice as an advanced dental therapist under section 150A.106.
new text end
Sec. 3.
Minnesota Statutes 2008, section 150A.05, is amended by adding a subdivision
to read:
new text begin Subd. 1b. new text end
new text begin Practice of dental therapy. new text end
new text begin
A person shall be deemed to be practicing as
a dental therapist within the meaning of this chapter who:
new text end
new text begin
(1) works under the supervision of a Minnesota-licensed dentist under a collaborative
management agreement as specified under section 150A.105;
new text end
new text begin
(2) practices in settings that serve low-income, uninsured, and underserved patients
or are located in dental health professional shortage areas; and
new text end
new text begin
(3) provides oral health care services, including preventive, primary diagnostic,
educational, palliative, therapeutic, and restorative services as authorized under sections
150A.105 and 150A.106 and within the context of a collaborative management agreement.
new text end
Sec. 4.
Minnesota Statutes 2008, section 150A.05, subdivision 2, is amended to read:
Subd. 2.
Exemptions and exceptions of certain practices and operations.
Sections 150A.01 to 150A.12 do not apply to:
(1) the practice of dentistry or dental hygiene in any branch of the armed services of
the United States, the United States Public Health Service, or the United States Veterans
Administration;
(2) the practice of dentistry, dental hygiene, or dental assisting by undergraduate
dental students, new text begin dental therapy students, new text end dental hygiene students, and dental assisting
students of the University of Minnesota, schools of dental hygiene, new text begin schools with a dental
therapy education program, new text end or schools of dental assisting approved by the board, when
acting under the direction and supervision of a licensed dentistnew text begin , a licensed dental therapist,
new text end or a licensed dental hygienist acting as an instructor;
(3) the practice of dentistry by licensed dentists of other states or countries while
appearing as clinicians under the auspices of a duly approved dental school or college, or a
reputable dental society, or a reputable dental study club composed of dentists;
(4) the actions of persons while they are taking examinations for licensure or
registration administered or approved by the board pursuant to sections 150A.03,
subdivision 1, and 150A.06, subdivisions 1, 2, and 2a;
(5) the practice of dentistry by dentists and dental hygienists licensed by other states
during their functioning as examiners responsible for conducting licensure or registration
examinations administered by regional and national testing agencies with whom the
board is authorized to affiliate and participate under section 150A.03, subdivision 1,
and the practice of dentistry by the regional and national testing agencies during their
administering examinations pursuant to section 150A.03, subdivision 1;
(6) the use of X-rays or other diagnostic imaging modalities for making radiographs
or other similar records in a hospital under the supervision of a physician or dentist or
by a person who is credentialed to use diagnostic imaging modalities or X-ray machines
for dental treatment, roentgenograms, or dental diagnostic purposes by a credentialing
agency other than the Board of Dentistry; or
(7) the service, other than service performed directly upon the person of a patient, of
constructing, altering, repairing, or duplicating any denture, partial denture, crown, bridge,
splint, orthodontic, prosthetic, or other dental appliance, when performed according to a
written work order from a licensed dentist new text begin or a licensed advanced dental therapist new text end in
accordance with section 150A.10, subdivision 3.
Sec. 5.
Minnesota Statutes 2008, section 150A.06, is amended by adding a subdivision
to read:
new text begin Subd. 1d. new text end
new text begin Dental therapists. new text end
new text begin
A person of good moral character who has graduated
with a baccalaureate degree or a master's degree from a dental therapy education program
that has been approved by the board or accredited by the American Dental Association
Commission on Dental Accreditation or another board-approved national accreditation
organization may apply for licensure.
new text end
new text begin
The applicant must submit an application and fee as prescribed by the board and a
diploma or certificate from a dental therapy education program. Prior to being licensed,
the applicant must pass a comprehensive, competency-based clinical examination that is
approved by the board and administered independently of an institution providing dental
therapy education. The applicant must also pass an examination testing the applicant's
knowledge of the Minnesota laws and rules relating to the practice of dentistry. An
applicant who has failed the clinical examination twice is ineligible to retake the clinical
examination until further education and training are obtained as specified by the board. A
separate, nonrefundable fee may be charged for each time a person applies. An applicant
who passes the examination in compliance with subdivision 2b, abides by professional
ethical conduct requirements, and meets all the other requirements of the board shall
be licensed as a dental therapist.
new text end
Sec. 6.
Minnesota Statutes 2008, section 150A.06, is amended by adding a subdivision
to read:
new text begin Subd. 1f. new text end
new text begin Resident dental providers. new text end
new text begin
A person who is a graduate of an
undergraduate program and is an enrolled graduate student of an advanced dental
education program shall obtain from the board a license to practice as a resident dental
hygienist or dental therapist. The license must be designated "resident dental provider
license" and authorizes the licensee to practice only under the supervision of a licensed
dentist or licensed dental therapist. A resident dental provider license must be renewed
annually by the board. An applicant for a resident dental provider license shall pay a
nonrefundable fee set by the board for issuing and renewing the license. The requirements
of sections 150A.01 to 150A.21 apply to resident dental providers except as specified in
rules adopted by the board. A resident dental provider license does not qualify a person
for licensure under subdivision 1d or 2.
new text end
Sec. 7.
Minnesota Statutes 2008, section 150A.06, subdivision 2d, is amended to read:
Subd. 2d.
Continuing education and professional development waiver.
(a) The
board shall grant a waiver to the continuing education requirements under this chapter for
a licensed dentist, new text begin a licensed dental therapist, new text end licensed dental hygienist, or registered dental
assistant who documents to the satisfaction of the board that the dentist, new text begin a dental therapist,
new text end dental hygienist, or registered dental assistant has retired from active practice in the state
and limits the provision of dental care services to those offered without compensation
in a public health, community, or tribal clinic or a nonprofit organization that provides
services to the indigent or to recipients of medical assistance, general assistance medical
care, or MinnesotaCare programs.
(b) The board may require written documentation from the volunteer and retired
dentist, new text begin a dental therapist, new text end dental hygienist, or registered dental assistant prior to granting
this waiver.
(c) The board shall require the volunteer and retired dentist, new text begin dental therapist, new text end dental
hygienist, or registered dental assistant to meet the following requirements:
(1) a licensee or registrant seeking a waiver under this subdivision must complete
and document at least five hours of approved courses in infection control, medical
emergencies, and medical management for the continuing education cycle; and
(2) provide documentation of certification in advanced or basic cardiac life support
recognized by the American Heart Association, the American Red Cross, or an equivalent
entity.
Sec. 8.
Minnesota Statutes 2008, section 150A.06, subdivision 5, is amended to read:
Subd. 5.
Fraud in securing licenses or registrations.
Every person implicated
in employing fraud or deception in applying for or securing a license or registration to
practice dentistry, dental hygiene, deleted text begin ordeleted text end new text begin dental therapy, ornew text end dental assistingnew text begin , new text end or in annually
renewing a license or registration under sections 150A.01 to 150A.12 is guilty of a gross
misdemeanor.
Sec. 9.
Minnesota Statutes 2008, section 150A.06, subdivision 6, is amended to read:
Subd. 6.
Display of name and certificates.
The initial license and subsequent
renewal, or current registration certificate, of every dentist, new text begin a dental therapist, new text end dental
hygienist, or dental assistant shall be conspicuously displayed in every office in which that
person practices, in plain sight of patients. Near or on the entrance door to every office
where dentistry is practiced, the name of each dentist practicing there, as inscribed on the
current license certificate, shall be displayed in plain sight.
Sec. 10.
Minnesota Statutes 2008, section 150A.08, subdivision 1, is amended to read:
Subdivision 1.
Grounds.
The board may refuse or by order suspend or revoke, limit
or modify by imposing conditions it deems necessary, deleted text begin anydeleted text end new text begin the new text end license deleted text begin to practice dentistry
or dental hygienedeleted text end new text begin of a dentist, dental therapist, or dental hygienist, new text end or the registration of
any dental assistant upon any of the following grounds:
(1) fraud or deception in connection with the practice of dentistry or the securing of
a license or registration certificate;
(2) conviction, including a finding or verdict of guilt, an admission of guilt, or a no
contest plea, in any court of a felony or gross misdemeanor reasonably related to the
practice of dentistry as evidenced by a certified copy of the conviction;
(3) conviction, including a finding or verdict of guilt, an admission of guilt, or a
no contest plea, in any court of an offense involving moral turpitude as evidenced by a
certified copy of the conviction;
(4) habitual overindulgence in the use of intoxicating liquors;
(5) improper or unauthorized prescription, dispensing, administering, or personal
or other use of any legend drug as defined in chapter 151, of any chemical as defined in
chapter 151, or of any controlled substance as defined in chapter 152;
(6) conduct unbecoming a person licensed to practice dentistrynew text begin , dental therapy,new text end or
dental hygiene or registered as a dental assistant, or conduct contrary to the best interest of
the public, as such conduct is defined by the rules of the board;
(7) gross immorality;
(8) any physical, mental, emotional, or other disability which adversely affects a
dentist's, new text begin dental therapist's, new text end dental hygienist's, or registered dental assistant's ability to
perform the service for which the person is licensed or registered;
(9) revocation or suspension of a license, registration, or equivalent authority to
practice, or other disciplinary action or denial of a license or registration application taken
by a licensing, registering, or credentialing authority of another state, territory, or country
as evidenced by a certified copy of the licensing authority's order, if the disciplinary action
or application denial was based on facts that would provide a basis for disciplinary action
under this chapter and if the action was taken only after affording the credentialed person
or applicant notice and opportunity to refute the allegations or pursuant to stipulation
or other agreement;
(10) failure to maintain adequate safety and sanitary conditions for a dental office in
accordance with the standards established by the rules of the board;
(11) employing, assisting, or enabling in any manner an unlicensed person to
practice dentistry;
(12) failure or refusal to attend, testify, and produce records as directed by the board
under subdivision 7;
(13) violation of, or failure to comply with, any other provisions of sections 150A.01
to 150A.12, the rules of the Board of Dentistry, or any disciplinary order issued by the
board, sections 144.291 to 144.298 or 595.02, subdivision 1, paragraph (d), or for any
other just cause related to the practice of dentistry. Suspension, revocation, modification
or limitation of any license shall not be based upon any judgment as to therapeutic or
monetary value of any individual drug prescribed or any individual treatment rendered,
but only upon a repeated pattern of conduct;
(14) knowingly providing false or misleading information that is directly related
to the care of that patient unless done for an accepted therapeutic purpose such as the
administration of a placebo; or
(15) aiding suicide or aiding attempted suicide in violation of section 609.215 as
established by any of the following:
(i) a copy of the record of criminal conviction or plea of guilty for a felony in
violation of section 609.215, subdivision 1 or 2;
(ii) a copy of the record of a judgment of contempt of court for violating an
injunction issued under section 609.215, subdivision 4;
(iii) a copy of the record of a judgment assessing damages under section 609.215,
subdivision 5; or
(iv) a finding by the board that the person violated section 609.215, subdivision
1 or 2. The board shall investigate any complaint of a violation of section 609.215,
subdivision 1 or 2.
Sec. 11.
Minnesota Statutes 2008, section 150A.08, subdivision 3a, is amended to read:
Subd. 3a.
Costs; additional penalties.
(a) The board may impose a civil penalty
not exceeding $10,000 for each separate violation, the amount of the civil penalty to
be fixed so as to deprive a licensee or registrant of any economic advantage gained by
reason of the violation, to discourage similar violations by the licensee or registrant or any
other licensee or registrant, or to reimburse the board for the cost of the investigation and
proceeding, including, but not limited to, fees paid for services provided by the Office of
Administrative Hearings, legal and investigative services provided by the Office of the
Attorney General, court reporters, witnesses, reproduction of records, board members'
per diem compensation, board staff time, and travel costs and expenses incurred by board
staff and board members.
(b) In addition to costs and penalties imposed under paragraph (a), the board may
also:
(1) order the dentist, new text begin dental therapist, new text end dental hygienist, or dental assistant to provide
unremunerated service;
(2) censure or reprimand the dentist, new text begin dental therapist, new text end dental hygienist, or dental
assistant; or
(3) any other action as allowed by law and justified by the facts of the case.
Sec. 12.
Minnesota Statutes 2008, section 150A.08, subdivision 5, is amended to read:
Subd. 5.
Medical examinations.
If the board has probable cause to believe that a
dentist, new text begin dental therapist, new text end dental hygienist, registered dental assistant, or applicant engages
in acts described in subdivision 1, clause (4) or (5), or has a condition described in
subdivision 1, clause (8), it shall direct the dentist, new text begin dental therapist, new text end dental hygienist,
assistant, or applicant to submit to a mental or physical examination or a chemical
dependency assessment. For the purpose of this subdivision, every dentist, new text begin dental
therapist, new text end hygienist, or assistant licensed or registered under this chapter or person
submitting an application for a license or registration is deemed to have given consent
to submit to a mental or physical examination when directed in writing by the board and
to have waived all objections in any proceeding under this section to the admissibility
of the examining physician's testimony or examination reports on the ground that they
constitute a privileged communication. Failure to submit to an examination without just
cause may result in an application being denied or a default and final order being entered
without the taking of testimony or presentation of evidence, other than evidence which
may be submitted by affidavit, that the licensee, registrant, or applicant did not submit to
the examination. A dentist, new text begin dental therapist, new text end dental hygienist, registered dental assistant,
or applicant affected under this section shall at reasonable intervals be afforded an
opportunity to demonstrate ability to start or resume the competent practice of dentistry or
perform the duties of a new text begin dental therapist, new text end dental hygienistnew text begin ,new text end or registered dental assistant with
reasonable skill and safety to patients. In any proceeding under this subdivision, neither
the record of proceedings nor the orders entered by the board is admissible, is subject to
subpoena, or may be used against the dentist, new text begin dental therapist, new text end dental hygienist, registered
dental assistant, or applicant in any proceeding not commenced by the board. Information
obtained under this subdivision shall be classified as private pursuant to the Minnesota
Government Data Practices Act.
Sec. 13.
Minnesota Statutes 2008, section 150A.09, subdivision 1, is amended to read:
Subdivision 1.
Registration information and procedure.
On or before the license
or registration certificate expiration date every licensed dentist, new text begin dental therapist, new text end dental
hygienist, and registered dental assistant shall transmit to the executive secretary of the
board, pertinent information required by the board, together with the fee established by
the board. At least 30 days before a license or registration certificate expiration date,
the board shall send a written notice stating the amount and due date of the fee and the
information to be provided to every licensed dentist, new text begin dental therapist, new text end dental hygienist,
and registered dental assistant.
Sec. 14.
Minnesota Statutes 2008, section 150A.09, subdivision 3, is amended to read:
Subd. 3.
Current address, change of address.
Every dentist, new text begin dental therapist,
new text end dental hygienist, and registered dental assistant shall maintain with the board a correct
and current mailing address. For dentists engaged in the practice of dentistry, the address
shall be that of the location of the primary dental practice. Within 30 days after changing
addresses, every dentist, new text begin dental therapist, new text end dental hygienist, and registered dental assistant
shall provide the board written notice of the new address either personally or by first
class mail.
Sec. 15.
Minnesota Statutes 2008, section 150A.091, subdivision 2, is amended to read:
Subd. 2.
Application fees.
Each applicant for licensure or registration shall submit
with a license or registration application a nonrefundable fee in the following amounts in
order to administratively process an application:
(1) dentist, $140;
(2) limited faculty dentist, $140;
(3) resident dentist, $55;
(4) new text begin dental therapist, $100;
new text end
new text begin (5) new text end dental hygienist, $55;
deleted text begin (5)deleted text end new text begin (6)new text end registered dental assistant, $35; and
deleted text begin (6)deleted text end new text begin (7)new text end dental assistant with a limited registration, $15.
Sec. 16.
Minnesota Statutes 2008, section 150A.091, subdivision 3, is amended to read:
Subd. 3.
Initial license or registration fees.
Along with the application fee, each of
the following licensees or registrants shall submit a separate prorated initial license or
registration fee. The prorated initial fee shall be established by the board based on the
number of months of the licensee's or registrant's initial term as described in Minnesota
Rules, part 3100.1700, subpart 1a, not to exceed the following monthly fee amounts:
(1) dentist, $14 times the number of months of the initial term;
(2) new text begin dental therapist, $10 times the number of months of initial term;
new text end
new text begin (3) new text end dental hygienist, $5 times the number of months of the initial term;
deleted text begin (3)deleted text end new text begin (4)new text end registered dental assistant, $3 times the number of months of initial term; and
deleted text begin (4)deleted text end new text begin (5)new text end dental assistant with a limited registration, $1 times the number of months
of the initial term.
Sec. 17.
Minnesota Statutes 2008, section 150A.091, subdivision 5, is amended to read:
Subd. 5.
Biennial license or registration fees.
Each of the following licensees or
registrants shall submit with a biennial license or registration renewal application a fee as
established by the board, not to exceed the following amounts:
(1) dentist, $336;
(2) new text begin dental therapist, $180;
new text end
new text begin (3) new text end dental hygienist, $118;
deleted text begin (3)deleted text end new text begin (4)new text end registered dental assistant, $80; and
deleted text begin (4)deleted text end new text begin (5)new text end dental assistant with a limited registration, $24.
Sec. 18.
Minnesota Statutes 2008, section 150A.091, subdivision 8, is amended to read:
Subd. 8.
Duplicate license or registration fee.
Each licensee or registrant shall
submit, with a request for issuance of a duplicate of the original license or registration, or
of an annual or biennial renewal of it, a fee in the following amounts:
(1) original dentistnew text begin , dental therapist,new text end or dental hygiene license, $35; and
(2) initial and renewal registration certificates and license renewal certificates, $10.
Sec. 19.
Minnesota Statutes 2008, section 150A.091, subdivision 10, is amended to
read:
Subd. 10.
Reinstatement fee.
No dentist, new text begin dental therapist, new text end dental hygienist, or
registered dental assistant whose license or registration has been suspended or revoked
may have the license or registration reinstated or a new license or registration issued until
a fee has been submitted to the board in the following amounts:
(1) dentist, $140;
(2) new text begin dental therapist, $85;
new text end
new text begin (3) new text end dental hygienist, $55; and
deleted text begin (3)deleted text end new text begin (4)new text end registered dental assistant, $35.
Sec. 20.
Minnesota Statutes 2008, section 150A.10, subdivision 1, is amended to read:
Subdivision 1.
Dental hygienists.
Any licensed dentist, new text begin licensed dental therapist,
new text end public institution, or school authority may obtain services from a licensed dental hygienist.
deleted text begin Suchdeleted text end new text begin The new text end licensed dental hygienist may provide those services defined in section 150A.05,
subdivision 1a. deleted text begin Suchdeleted text end new text begin The new text end services new text begin provided new text end shall not include the establishment of a final
diagnosis or treatment plan for a dental patient. deleted text begin Suchdeleted text end new text begin All new text end services shall be provided
under supervision of a licensed dentist. Any licensed dentist who shall permit any dental
service by a dental hygienist other than those authorized by the Board of Dentistry, shall
be deemed to be violating the provisions of sections 150A.01 to 150A.12, and any deleted text begin suchdeleted text end
unauthorized dental service by a dental hygienist shall constitute a violation of sections
150A.01 to 150A.12.
Sec. 21.
Minnesota Statutes 2008, section 150A.10, subdivision 2, is amended to read:
Subd. 2.
Dental assistants.
Every licensed dentistnew text begin and dental therapistnew text end who uses
the services of any unlicensed person for the purpose of assistance in the practice of
dentistry new text begin or dental therapynew text end shall be responsible for the acts of such unlicensed person
while engaged in such assistance. deleted text begin Suchdeleted text end new text begin The new text end dentistnew text begin or dental therapistnew text end shall permit deleted text begin suchdeleted text end
new text begin the new text end unlicensed assistant to perform only those acts which are authorized to be delegated to
unlicensed assistants by the Board of Dentistry. deleted text begin Suchdeleted text end new text begin The new text end acts shall be performed under
supervision of a licensed dentistnew text begin or dental therapist. A licensed dental therapist shall not
supervise more than four registered dental assistants at any one practice settingnew text end . The
board may permit differing levels of dental assistance based upon recognized educational
standards, approved by the board, for the training of dental assistants. The board may also
define by rule the scope of practice of registered and nonregistered dental assistants. The
board by rule may require continuing education for differing levels of dental assistants,
as a condition to their registration or authority to perform their authorized duties. Any
licensed dentistnew text begin or dental therapistnew text end who deleted text begin shall permit suchdeleted text end new text begin permits an new text end unlicensed assistant
to perform any dental service other than that authorized by the board shall be deemed to
be enabling an unlicensed person to practice dentistry, and commission of such an act by
deleted text begin suchdeleted text end new text begin an new text end unlicensed assistant shall constitute a violation of sections 150A.01 to 150A.12.
Sec. 22.
Minnesota Statutes 2008, section 150A.10, subdivision 3, is amended to read:
Subd. 3.
Dental technicians.
Every licensed dentistnew text begin and dental therapistnew text end who uses
the services of any unlicensed person, other than under the dentist's new text begin or dental therapist's
new text end supervision and within deleted text begin such dentist's own officedeleted text end new text begin the same practice settingnew text end , for the purpose
of constructing, altering, repairing or duplicating any denture, partial denture, crown,
bridge, splint, orthodontic, prosthetic or other dental appliance, shall be required to furnish
such unlicensed person with a written work order in such form as shall be prescribed by
the rules of the boarddeleted text begin ; saiddeleted text end new text begin . Thenew text end work order shall be made in duplicate form, a duplicate
copy to be retained in a permanent file deleted text begin indeleted text end new text begin of new text end the deleted text begin dentist's officedeleted text end new text begin dentist or dental therapist at
the practice setting new text end for a period of two years, and the original to be retained in a permanent
file for a period of two years by deleted text begin suchdeleted text end new text begin the new text end unlicensed person in that person's place of
business. deleted text begin Suchdeleted text end new text begin The new text end permanent file of work orders to be kept by deleted text begin suchdeleted text end new text begin the new text end dentistnew text begin , dental
therapist,new text end or by deleted text begin suchdeleted text end new text begin the new text end unlicensed person shall be open to inspection at any reasonable
time by the board or its duly constituted agent.
Sec. 23.
Minnesota Statutes 2008, section 150A.10, subdivision 4, is amended to read:
Subd. 4.
Restorative procedures.
(a) Notwithstanding subdivisions 1, 1a, and 2,
a licensed dental hygienist or a registered dental assistant may perform the following
restorative procedures:
(1) place, contour, and adjust amalgam restorations;
(2) place, contour, and adjust glass ionomer;
(3) adapt and cement stainless steel crowns; and
(4) place, contour, and adjust class I and class V supragingival composite restorations
where the margins are entirely within the enamel.
(b) The restorative procedures described in paragraph (a) may be performed only if:
(1) the licensed dental hygienist or the registered dental assistant has completed a
board-approved course on the specific procedures;
(2) the board-approved course includes a component that sufficiently prepares the
dental hygienist or registered dental assistant to adjust the occlusion on the newly placed
restoration;
(3) a licensed dentist new text begin or licensed advanced dental therapist new text end has authorized the
procedure to be performed; and
(4) a licensed dentist new text begin or licensed advanced dental therapist new text end is available in the clinic
while the procedure is being performed.
(c) The dental faculty who teaches the educators of the board-approved courses
specified in paragraph (b) must have prior experience teaching these procedures in an
accredited dental education program.
Sec. 24.
new text begin
[150A.105] DENTAL THERAPIST.
new text end
new text begin Subdivision 1. new text end
new text begin General. new text end
new text begin
A dental therapist licensed under this chapter shall practice
under the supervision of a Minnesota-licensed dentist and under the requirements of
this chapter.
new text end
new text begin Subd. 2. new text end
new text begin Limited practice settings. new text end
new text begin
A dental therapist licensed under this chapter
is limited to primarily practicing in settings that serve low-income, uninsured, and
underserved patients or in a dental health professional shortage area.
new text end
new text begin Subd. 3. new text end
new text begin Collaborative management agreement. new text end
new text begin
(a) Prior to performing any of
the services authorized under this chapter, a dental therapist must enter into a written
collaborative management agreement with a Minnesota-licensed dentist. A collaborating
dentist is limited to entering into a collaborative agreement with no more than five
advanced dental therapists at any one time. The agreement must include:
new text end
new text begin
(1) practice settings where services may be provided and the populations to be
served;
new text end
new text begin
(2) any limitations on the services that may be provided by the dental therapist,
including the level of supervision required by the collaborating dentist;
new text end
new text begin
(3) age and procedure specific practice protocols, including case selection criteria,
assessment guidelines, and imaging frequency;
new text end
new text begin
(4) a procedure for creating and maintaining dental records for the patients that
are treated by the dental therapist;
new text end
new text begin
(5) a plan to manage medical emergencies in each practice setting where the dental
therapist provides care;
new text end
new text begin
(6) a quality assurance plan for monitoring care provided by the dental therapist,
including patient care review, referral follow-up, and a quality assurance chart review;
new text end
new text begin
(7) protocols for administering and dispensing medications authorized under
subdivision 5, and section 150A.106, including the specific conditions and circumstance
under which these medications are to be dispensed and administered;
new text end
new text begin
(8) criteria relating to the provision of care to patients with specific medical
conditions or complex medication histories, including requirements for consultation prior
to the initiation of care;
new text end
new text begin
(9) supervision criteria of dental assistants; and
new text end
new text begin
(10) a plan for the provision of clinical resources and referrals in situations which
are beyond the capabilities of the dental therapist.
new text end
new text begin
(b) A collaborating dentist must be licensed and practicing in Minnesota. The
collaborating dentist shall accept responsibility for all services authorized and performed
by the dental therapist pursuant to the management agreement. Any licensed dentist who
permits a dental therapist to perform a dental service other than those authorized under
this section or by the board, or any dental therapist who performs an unauthorized service,
violates sections 150A.01 to 150A.12.
new text end
new text begin
(c) Collaborative management agreements must be signed and maintained by the
collaborating dentist and the dental therapist. Agreements must be reviewed, updated, and
submitted to the board on an annual basis.
new text end
new text begin Subd. 4. new text end
new text begin Scope of practice. new text end
new text begin
(a) A licensed dental therapist may perform dental
services as authorized under this section within the parameters of the collaborative
management agreement.
new text end
new text begin
(b) The services authorized to be performed by a licensed dental therapist include
preventive, evaluative, and educational oral health services, as specified in paragraphs (c)
and (d), and within the parameters of the collaborative management agreement.
new text end
new text begin
(c) A licensed dental therapist may perform the following preventive, evaluative,
and assessment services under general supervision, unless restricted or prohibited in
the collaborative management agreement:
new text end
new text begin
(1) oral health instruction and disease prevention education, including nutritional
counseling and dietary analysis;
new text end
new text begin
(2) preliminary charting of the oral cavity;
new text end
new text begin
(3) making radiographs;
new text end
new text begin
(4) mechanical polishing;
new text end
new text begin
(5) application of topical preventive or prophylactic agents, including fluoride
varnishes and pit and fissure sealants;
new text end
new text begin
(6) pulp vitality testing;
new text end
new text begin
(7) application of desensitizing medication or resin;
new text end
new text begin
(8) fabrication of athletic mouthguards;
new text end
new text begin
(9) placement of temporary restorations;
new text end
new text begin
(10) fabrication of soft occlusal guards;
new text end
new text begin
(11) tissue conditioning and soft reline;
new text end
new text begin
(12) atraumatic restorative therapy;
new text end
new text begin
(13) dressing changes;
new text end
new text begin
(14) tooth reimplantation;
new text end
new text begin
(15) administration of local anesthetic; and
new text end
new text begin
(16) administration of nitrous oxide.
new text end
new text begin
(d) A licensed dental therapist may perform the following services under indirect
supervision:
new text end
new text begin
(1) emergency palliative treatment of dental pain;
new text end
new text begin
(2) the placement and removal of space maintainers;
new text end
new text begin
(3) restorative services:
new text end
new text begin
(i) cavity preparation;
new text end
new text begin
(ii) restoration of primary and permanent teeth;
new text end
new text begin
(iii) placement of temporary crowns;
new text end
new text begin
(iv) preparation and placement of preformed crowns; and
new text end
new text begin
(v) pulpotomies on primary teeth;
new text end
new text begin
(4) indirect and direct pulp capping on primary and permanent teeth;
new text end
new text begin
(5) stabilization of reimplanted teeth;
new text end
new text begin
(6) extractions of primary teeth;
new text end
new text begin
(7) suture removal;
new text end
new text begin
(8) brush biopsies;
new text end
new text begin
(9) repair of defective prosthetic devices;
new text end
new text begin
(10) recementing of permanent crowns; and
new text end
new text begin
(11) emergency palliative treatment of dental pain.
new text end
new text begin
(e) For purposes of this section and section 150A.106, "general supervision" and
"indirect supervision" have the meanings given in Minnesota Rules, part 3100.0100,
subpart 21.
new text end
new text begin Subd. 5. new text end
new text begin Dispensing authority. new text end
new text begin
(a) A licensed dental therapist may dispense and
administer the following drugs within the parameters of the collaborative management
agreement and within the scope of practice of the dental therapist: analgesics,
anti-inflammatories, and antibiotics.
new text end
new text begin
(b) The authority to dispense and administer shall extend only to the categories
of drugs identified in this subdivision, and may be further limited by the collaborative
management agreement.
new text end
new text begin
(c) The authority to dispense includes the authority to dispense sample drugs within
the categories identified in this subdivision if dispensing is permitted by the collaborative
management agreement.
new text end
new text begin
(d) A licensed dental therapist is prohibited from dispensing or administering a
narcotic drug as defined in section 152.01, subdivision 10.
new text end
new text begin Subd. 6. new text end
new text begin Application of other laws. new text end
new text begin
A licensed dental therapist authorized to
practice under this chapter is not in violation of section 150A.05 as it relates to the
unauthorized practice of dentistry if the practice is authorized under this chapter and is
within the parameters of the collaborative management agreement.
new text end
new text begin Subd. 7. new text end
new text begin Use of dental assistants. new text end
new text begin
(a) A licensed dental therapist may supervise
dental assistants to the extent permitted in the collaborative management agreement and
according to section 150A.10, subdivision 2.
new text end
new text begin
(b) Notwithstanding paragraph (a), a licensed dental therapist is limited to
supervising no more than four registered dental assistants or nonregistered dental
assistants at any one practice setting.
new text end
new text begin Subd. 8. new text end
new text begin Definitions. new text end
new text begin
(a) For the purposes of this section, the following definitions
apply.
new text end
new text begin
(b) "Practice settings that serve the low-income and underserved" mean:
new text end
new text begin
(1) critical access dental provider settings as designated by the commissioner of
human services under section 256B.76, subdivision 4;
new text end
new text begin
(2) dental hygiene collaborative practice settings identified in section 150A.10,
subdivision 1a, paragraph (e), and including medical facilities, assisted living facilities,
federally qualified health centers, and organizations eligible to receive a community clinic
grant under section 145.9268, subdivision 1;
new text end
new text begin
(3) military and veterans administration hospitals, clinics, and care settings;
new text end
new text begin
(4) a patient's residence or home when the patient is home-bound or receiving or
eligible to receive home care services or home and community-based waivered services,
regardless of the patient's income;
new text end
new text begin
(5) oral health educational institutions; or
new text end
new text begin
(6) any other clinic or practice setting, including mobile dental units, in which at least
50 percent of the total patient base of the clinic or practice setting consists of patients who:
new text end
new text begin
(i) are enrolled in a Minnesota health care program;
new text end
new text begin
(ii) have a medical disability or chronic condition that creates a significant barrier
to receiving dental care;
new text end
new text begin
(iii) do not have dental health coverage, either through a public health care program
or private insurance, and have an annual gross family income equal to or less than 200
percent of the federal poverty guidelines; or
new text end
new text begin
(iv) do not have dental health coverage either through a state public health care
program or private insurance, and whose family gross income is equal to or less than 275
percent of the federal poverty guidelines.
new text end
new text begin
(c) "Dental health professional shortage area" means an area that meets the criteria
established by the secretary of the United States Department of Health and Human
Services and is designated as such under United States Code, title 42, section 254e.
new text end
Sec. 25.
new text begin
[150A.106] ADVANCED PRACTICE DENTAL THERAPIST.
new text end
new text begin Subdivision 1. new text end
new text begin General. new text end
new text begin
A dental therapist licensed under this chapter who meets
the following requirements shall be certified by the board to practice as an advanced
dental therapist:
new text end
new text begin
(1) has been engaged in the active practice as a licensed dental therapist for not
less than one year;
new text end
new text begin
(2) has graduated from a master's degree dental therapy program;
new text end
new text begin
(3) has completed a minimum of 2,000 hours of advanced dental therapy clinical
practice;
new text end
new text begin
(4) has passed a board-approved certification examination; and
new text end
new text begin
(5) has submitted an application for certification as prescribed by the board.
new text end
new text begin Subd. 2. new text end
new text begin Scope of practice. new text end
new text begin
(a) An advanced dental therapist certified by the board
under this section may perform the following services and procedures pursuant to the
written collaborative management agreement:
new text end
new text begin
(1) the assessment of dental disease and the formulation of an individualized
treatment plan authorized by the collaborating dentist;
new text end
new text begin
(2) the services and procedures described under section 150A.105, subdivision 4,
paragraphs (c) and (d); and
new text end
new text begin
(3) nonsurgical extractions of permanent teeth as limited in subdivision 3, paragraph
(b).
new text end
new text begin
(b) The services and procedures described under this subdivision may be performed
under general supervision.
new text end
new text begin Subd. 3. new text end
new text begin Practice limitation. new text end
new text begin
(a) An advanced practice dental therapist shall not
perform any service or procedure described in subdivision 2 except as authorized by
the collaborating dentist.
new text end
new text begin
(b) An advanced dental therapist may perform nonsurgical extractions of peridontally
diseased permanent teeth with tooth mobility of +3 to +4 under general supervision if
authorized in advance by the collaborating dentist. The advanced dental therapist shall not
extract a tooth for any patient if the tooth is unerupted, impacted, fractured, or needs to
be sectioned for removal.
new text end
new text begin
(c) The collaborating dentist is responsible for directly providing or arranging for
another dentist or specialist to provide any necessary advanced services needed by the
patient.
new text end
new text begin
(d) An advanced dental therapist in accordance with the collaborative management
agreement must refer patients to another qualified dental or health care professional to
receive any needed services that exceed the scope of practice of the advanced dental
therapist.
new text end
new text begin
(e) In addition to the collaborative management agreement requirements described in
section 150A.105, a collaborative management agreement entered into with an advanced
dental therapist must include specific written protocols to govern situations in which
the advanced dental therapist encounters a patient who requires treatment that exceeds
the authorized scope of practice of the advanced dental therapist. The collaborating
dentist must ensure that a dentist is available to the advanced dental therapist for timely
consultation during treatment if needed and must either provide or arrange with another
dentist or specialist to provide the necessary treatment to any patient who requires more
treatment than the advanced dental therapist is authorized to provide.
new text end
new text begin Subd. 4. new text end
new text begin Prescribing authority. new text end
new text begin
(a) An advanced dental therapist may provide,
dispense, and administer the following drugs within the parameters of the collaborative
management agreement, within the scope of practice of the advanced dental therapist
practitioner, and with the authorization of the collaborating dentist: analgesics,
anti-inflammatories, and antibiotics.
new text end
new text begin
(b) The authority to provide, dispense, and administer shall extend only to the
categories of drugs identified in this subdivision, and may be further limited by the
collaborative management agreement.
new text end
new text begin
(c) The authority to dispense includes the authority to dispense sample drugs within
the categories identified in this subdivision if dispensing is permitted by the collaborative
management agreement.
new text end
new text begin
(d) Notwithstanding paragraph (a), an advanced dental therapist is prohibited from
providing, dispensing, or administering a narcotic drug as defined in section 152.01,
subdivision 10.
new text end
Sec. 26.
Minnesota Statutes 2008, section 150A.11, subdivision 4, is amended to read:
Subd. 4.
Dividing fees.
It shall be unlawful for any dentist to divide fees with or
promise to pay a part of the dentist's fee to, or to pay a commission to, any dentist or
other person who calls the dentist in consultation or who sends patients to the dentist for
treatment, or operation, but nothing herein shall prevent licensed dentists from forming
a bona fide partnership for the practice of dentistry, nor to the actual employment by a
licensed dentist ofnew text begin , a licensed dental therapist,new text end a licensed dental hygienist or another
licensed dentist.
Sec. 27.
Minnesota Statutes 2008, section 150A.12, is amended to read:
150A.12 VIOLATION AND DEFENSES.
Every person who violates any of the provisions of sections 150A.01 to 150A.12
for which no specific penalty is provided herein, shall be guilty of a gross misdemeanor;
and, upon conviction, punished by a fine of not more than $3,000 or by imprisonment in
the county jail for not more than one year or by both such fine and imprisonment. In
the prosecution of any person for violation of sections 150A.01 to 150A.12, it shall not
be necessary to allege or prove lack of a valid license to practice dentistry deleted text begin ordeleted text end new text begin ,new text end dental
hygienenew text begin , or dental therapy new text end but deleted text begin such matterdeleted text end shall be a matter of defense to be established by
the defendant.
Sec. 28.
Minnesota Statutes 2008, section 150A.21, subdivision 1, is amended to read:
Subdivision 1.
Patient's name and Social Security number.
Every complete
upper and lower denture and removable dental prosthesis fabricated by a dentist licensed
under section 150A.06, or fabricated pursuant to the dentist's new text begin or dental therapist's new text end work
order, shall be marked with the name and Social Security number of the patient for whom
the prosthesis is intended. The markings shall be done during fabrication and shall be
permanent, legible and cosmetically acceptable. The exact location of the markings and
the methods used to apply or implant them shall be determined by the dentist or dental
laboratory fabricating the prosthesis. If in the professional judgment of the dentist or dental
laboratory, this identification is not practicable, identification shall be provided as follows:
(a) The Social Security number of the patient may be omitted if the name of the
patient is shown;
(b) The initials of the patient may be shown alone, if use of the name of the patient is
impracticable;
(c) The identification marks may be omitted in their entirety if none of the forms of
identification specified in clauses (a) and (b) are practicable or clinically safe.
Sec. 29.
Minnesota Statutes 2008, section 150A.21, subdivision 4, is amended to read:
Subd. 4.
Failure to comply.
Failure of any dentist new text begin or dental therapist new text end to comply
with this section shall be deemed to be a violation for which the dentist new text begin or dental therapist
new text end may be subject to proceedings pursuant to section 150A.08, provided the dentist is charged
with the violation within two years of initial insertion of the dental prosthetic device.
Sec. 30.
Minnesota Statutes 2008, section 151.01, subdivision 23, is amended to read:
Subd. 23.
Practitioner.
"Practitioner" means a licensed doctor of medicine, licensed
doctor of osteopathy duly licensed to practice medicine, licensed doctor of dentistry,
licensed doctor of optometry, licensed podiatrist, or licensed veterinarian. For purposes
of sections 151.15, subdivision 4, 151.37, subdivision 2, paragraphs (b), (e), and (f),
and 151.461, "practitioner" also means a physician assistant authorized to prescribe,
dispense, and administer under chapter 147A, deleted text begin ordeleted text end an advanced practice nurse authorized
to prescribe, dispense, and administer under section 148.235new text begin . For purposes of sections
151.15, subdivision 4; 151.37, subdivision 2, paragraph (b); and 151.461, "practitioner"
also means a dental therapist authorized to dispense and administer under chapter 150Anew text end .
Sec. 31.
Minnesota Statutes 2008, section 151.37, subdivision 2, is amended to read:
Subd. 2.
Prescribing and filing.
(a) A licensed practitioner in the course of
professional practice only, may prescribe, administer, and dispense a legend drug, and
may cause the same to be administered by a nurse, a physician assistant, new text begin a dental therapist,
new text end or medical student or resident under the practitioner's direction and supervision, and
may cause a person who is an appropriately certified, registered, or licensed health care
professional to prescribe, dispense, and administer the same within the expressed legal
scope of the person's practice as defined in Minnesota Statutes. A licensed practitioner
may prescribe a legend drug, without reference to a specific patient, by directing a nurse,
pursuant to section 148.235, subdivisions 8 and 9, new text begin a dental therapist under chapter 150A,
a new text end physician assistant, or new text begin a new text end medical student or resident to adhere to a particular practice
guideline or protocol when treating patients whose condition falls within such guideline
or protocol, and when such guideline or protocol specifies the circumstances under
which the legend drug is to be prescribed and administered. An individual who verbally,
electronically, or otherwise transmits a written, oral, or electronic order, as an agent of
a prescriber, shall not be deemed to have prescribed the legend drug. This paragraph
applies to a physician assistant only if the physician assistant meets the requirements
of section 147A.18.
(b) A licensed practitioner that dispenses for profit a legend drug that is to be
administered orally, is ordinarily dispensed by a pharmacist, and is not a vaccine, must
file with the practitioner's licensing board a statement indicating that the practitioner
dispenses legend drugs for profit, the general circumstances under which the practitioner
dispenses for profit, and the types of legend drugs generally dispensed. It is unlawful to
dispense legend drugs for profit after July 31, 1990, unless the statement has been filed
with the appropriate licensing board. For purposes of this paragraph, "profit" means (1)
any amount received by the practitioner in excess of the acquisition cost of a legend drug
for legend drugs that are purchased in prepackaged form, or (2) any amount received
by the practitioner in excess of the acquisition cost of a legend drug plus the cost of
making the drug available if the legend drug requires compounding, packaging, or other
treatment. The statement filed under this paragraph is public data under section 13.03.
This paragraph does not apply to a licensed doctor of veterinary medicine or a registered
pharmacist. Any person other than a licensed practitioner with the authority to prescribe,
dispense, and administer a legend drug under paragraph (a) shall not dispense for profit.
To dispense for profit does not include dispensing by a community health clinic when the
profit from dispensing is used to meet operating expenses.
(c) A prescription or drug order for the following drugs is not valid, unless it can be
established that the prescription or order was based on a documented patient evaluation,
including an examination, adequate to establish a diagnosis and identify underlying
conditions and contraindications to treatment:
(1) controlled substance drugs listed in section 152.02, subdivisions 3 to 5;
(2) drugs defined by the Board of Pharmacy as controlled substances under section
152.02, subdivisions 7, 8, and 12;
(3) muscle relaxants;
(4) centrally acting analgesics with opioid activity;
(5) drugs containing butalbital; or
(6) phoshodiesterase type 5 inhibitors when used to treat erectile dysfunction.
(d) For the purposes of paragraph (c), the requirement for an examination shall be
met if an in-person examination has been completed in any of the following circumstances:
(1) the prescribing practitioner examines the patient at the time the prescription
or drug order is issued;
(2) the prescribing practitioner has performed a prior examination of the patient;
(3) another prescribing practitioner practicing within the same group or clinic as the
prescribing practitioner has examined the patient;
(4) a consulting practitioner to whom the prescribing practitioner has referred the
patient has examined the patient; or
(5) the referring practitioner has performed an examination in the case of a
consultant practitioner issuing a prescription or drug order when providing services by
means of telemedicine.
(e) Nothing in paragraph (c) or (d) prohibits a licensed practitioner from prescribing
a drug through the use of a guideline or protocol pursuant to paragraph (a).
(f) Nothing in this chapter prohibits a licensed practitioner from issuing a
prescription or dispensing a legend drug in accordance with the Expedited Partner Therapy
in the Management of Sexually Transmitted Diseases guidance document issued by the
United States Centers for Disease Control.
(g) Nothing in paragraph (c) or (d) limits prescription, administration, or dispensing
of legend drugs through a public health clinic or other distribution mechanism approved
by the commissioner of health or a board of health in order to prevent, mitigate, or treat
a pandemic illness, infectious disease outbreak, or intentional or accidental release of a
biological, chemical, or radiological agent.
(h) No pharmacist employed by, under contract to, or working for a pharmacy
licensed under section 151.19, subdivision 1, may dispense a legend drug based on a
prescription that the pharmacist knows, or would reasonably be expected to know, is not
valid under paragraph (c).
(i) No pharmacist employed by, under contract to, or working for a pharmacy
licensed under section 151.19, subdivision 2, may dispense a legend drug to a resident
of this state based on a prescription that the pharmacist knows, or would reasonably be
expected to know, is not valid under paragraph (c).
Sec. 32. new text begin IMPACT OF DENTAL THERAPISTS.
new text end
new text begin
(a) The Board of Dentistry shall evaluate the impact of the use of dental therapists
on the delivery of and access to dental services. The board shall report to the chairs and
ranking minority members of the legislative committees with jurisdiction over health
care by January 15, 2014:
new text end
new text begin
(1) the number of dental therapists annually licensed by the board beginning in 2011;
new text end
new text begin
(2) the settings where licensed dental therapists are practicing and the populations
being served;
new text end
new text begin
(3) the number of complaints filed against dental therapists and the basis for each
complaint; and
new text end
new text begin
(4) the number of disciplinary actions taken against dental therapists.
new text end
new text begin
(b) The board, in consultation with the Department of Human Services, shall also
include the number and type of dental services that were performed by dental therapists
and reimbursed by the state under the Minnesota state health care programs for the 2013
fiscal year.
new text end
new text begin
(c) The Board of Dentistry, in consultation with the Department of Health, shall
develop an evaluation process that focuses on assessing the impact of dental therapists in
terms of patient safety, cost effectiveness, and access to dental services. The process shall
focus on the following outcome measures:
new text end
new text begin
(1) number of new patients served;
new text end
new text begin
(2) reduction in waiting times for needed services;
new text end
new text begin
(3) decreased travel time for patients;
new text end
new text begin
(4) impact on emergency room usage for dental care; and
new text end
new text begin
(5) costs to the public health care system.
new text end
new text begin
(d) The evaluation process shall be used by the board in the report required in
paragraph (a) and shall expire January 1, 2014.
new text end
Sec. 33. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2008, section 150A.061,
new text end
new text begin
is repealed.
new text end