Skip to main content Skip to office menu Skip to footer
Capital IconMinnesota Legislature

HF 1745

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:54am

KEY: stricken = removed, old language.
underscored = added, new language.
Line numbers 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.13
1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 1.23 1.24 1.25 1.26 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 2.34 2.35 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 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 5.36 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 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

A bill for an act
relating to health; modifying provisions in health occupations for speech
language pathologists and occupational therapists; expanding definition of
licensed health care professional; changing provisions for food, beverage, and
lodging establishments; requiring the Department of Health to use rules and
guidelines from the federal government to implement the minimum data set for
resident reimbursement classification; establishing fees; amending Minnesota
Statutes 2008, sections 148.512, subdivision 13; 148.5193, subdivision 6a;
148.5194, subdivisions 2, 3, 7; 148.6402, subdivisions 13, 22a; 148.6405;
148.6440, subdivision 2; 157.16, subdivisions 2, 4; repealing Minnesota Rules,
parts 4610.0420; 4610.0500, subparts 1, 2, 3, 5; 4610.0600, subparts 1, 3, 4;
4610.0650.

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

Section 1.

Minnesota Statutes 2008, section 148.512, subdivision 13, is amended to
read:


Subd. 13.

Practice of speech-language pathology.

The "practice of
speech-language pathology" means:

(1) identification, assessment, and interpretation, diagnosis, habilitation,
rehabilitation, treatment and prevention of disorders of speech, articulation, fluency, voice,
and language;

(2) identification, assessment, and interpretation, diagnosis, habilitation, and
rehabilitation of disorders of oral-pharyngeal function and related disorders;

(3) identification, assessment, and interpretation, diagnosis, habilitation, and
rehabilitation of communication disorders associated with cognition;

(4) assessing, selecting, and developing augmentative and alternative communication
systems and providing training in their use;

(5) aural habilitation and rehabilitation and related counseling for hearing impaired
individuals and their families;

(6) enhancing speech-language proficiency and communication effectiveness;

(7) deleted text beginaudiometricdeleted text end screeningnew text begin individuals for hearing loss or middle ear pathologynew text end for
the purposes of speech-language evaluation or for the identification of possible hearing
disorders; or

(8) supervision of the functions in clauses (1) to (7).

The practice of speech-language pathology does not include the practice of medicine
and surgery, or osteopathic medicine and surgery, or medical diagnosis that is commonly
performed by a physician.

Sec. 2.

Minnesota Statutes 2008, section 148.5193, subdivision 6a, is amended to read:


Subd. 6a.

deleted text beginVerification of attendancedeleted text endnew text begin Auditing continuing education reportsnew text end.

deleted text begin An
applicant for licensure renewal must submit verification of attendance as follows:
deleted text end

deleted text begin (1) a certificate of attendance from the sponsor with the continuing education course
name, course date, and licensee's name. If a certificate of attendance is not available,
the commissioner may accept other evidence of attendance such as a confirmation or
statement of registration for regional or national annual conferences or conventions of
professional associations, a copy of the continuing education courses indicating those
attended, and an affidavit of attendance;
deleted text end

deleted text begin (2) a copy of a record of attendance from the sponsor of the continuing education
course;
deleted text end

deleted text begin (3) a signature of the presenter or a designee at the continuing education activity
on the continuing education report form;
deleted text end

deleted text begin (4) a summary or outline of the educational content of an audio or video educational
activity if a designee is not available to sign the continuing education report form;
deleted text end

deleted text begin (5) for self-study programs, a certificate of completion or other documentation
indicating that the individual has demonstrated knowledge and has successfully completed
the program; or
deleted text end

deleted text begin (6) for attendance at a university, college, or vocational course, an official transcript. deleted text end new text begin
(a) The commissioner may audit a percentage of the continuing education reports based on
random selection. A licensee shall maintain all documentation required by this section
for two years after the last day of the biennial licensure period in which the contact
hours were earned.
new text end

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

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

new text begin (d) The licensee shall make the following information available to the commissioner
for auditing purposes:
new text end

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

new text begin (2) a description of the continuing education activity prepared by the presenter or
sponsor that includes the course title or subject matter, date, place, number of program
contact hours, presenters, and sponsors;
new text end

new text begin (3) documentation of self-study programs by materials prepared by the presenter
or sponsor that includes the course title, course description, name of sponsor or author,
and the number of hours required to complete the program;
new text end

new text begin (4) documentation of university, college, or vocational school courses by a course
syllabus, listing in a course bulletin, or equivalent documentation that includes the course
title, instructor's name, course dates, number of contact hours, and course content,
objectives, or goals; and
new text end

new text begin (5) verification of attendance by:
new text end

new text begin (i) a signature of the presenter or a designee at the continuing education activity on
the continuing education report form or a certificate of attendance with the course name,
course date, and licensee's name;
new text end

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

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

new text begin (iv) verification of attendance at a university, college, or vocational course by an
official transcript.
new text end

Sec. 3.

Minnesota Statutes 2008, section 148.5194, subdivision 2, is amended to read:


Subd. 2.

new text beginSpeech-language pathologistnew text endnew text begin new text endbiennial licensure fee.

The fee for initial
licensure and biennial licensure, clinical fellowship licensure, temporary licensure, or
renewal new text beginfor a speech-language pathologistnew text endnew text begin new text endis $200.

Sec. 4.

Minnesota Statutes 2008, section 148.5194, subdivision 3, is amended to read:


Subd. 3.

Biennial licensure fee for dual licensure as a speech-language
pathologist and audiologist.

The fee for initial licensure and biennial licensure, clinical
fellowship licensure, doctoral externship, temporary license, or renewal is deleted text begin$200deleted text endnew text begin $435new text end.

Sec. 5.

Minnesota Statutes 2008, section 148.5194, subdivision 7, is amended to read:


Subd. 7.

Audiologist deleted text beginsurchargedeleted text endnew text begin biennial licensurenew text end fee.

(a) The biennial deleted text beginsurchargedeleted text endnew text begin
licensure
new text end fee for audiologists deleted text beginis $235. The commissioner shall prorate the feedeleted text end for
clinical fellowship, doctoral externship, temporary, deleted text beginand first timedeleted text endnew text begin initial applicants and
renewal
new text end licensees deleted text beginaccording to the number of months that have elapsed between the date
the license is issued and the date the license expires or must be renewed under section
148.5191, subdivision 4
deleted text endnew text begin is $435new text end.

(b) The audiologist deleted text beginsurchargedeleted text end fee is for practical examination costs greater than
audiologist exam fee receipts and new text beginfor new text endcomplaint investigation, enforcement action
and consumer informationdeleted text begin,deleted text end and assistance expenditures related to hearing instrument
dispensing.

Sec. 6.

Minnesota Statutes 2008, section 148.6402, subdivision 13, is amended to read:


Subd. 13.

Licensed health care professional.

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

Sec. 7.

Minnesota Statutes 2008, section 148.6402, subdivision 22a, is amended to
read:


Subd. 22a.

Limited license.

"Limited license" means a license issued according
to section 148.6425, subdivision 3, paragraph (c), to persons who deleted text beginhave allowed their
license to lapse
deleted text end for deleted text beginfourdeleted text endnew text begin twonew text end years or more deleted text beginanddeleted text end new text begindid not apply for a license after meeting
the requirements in section 148.6408 or 148.6410 or
new text endwho deleted text beginchoose a supervised practice
as the method for renewing their license status
deleted text endnew text begin allowed their license to lapse for four
years or more
new text end.

Sec. 8.

Minnesota Statutes 2008, section 148.6405, is amended to read:


148.6405 LICENSURE APPLICATION REQUIREMENTS: PROCEDURES
AND QUALIFICATIONS.

(a) An applicant for licensure must comply with the application requirements
in section 148.6420. To qualify for licensure, an applicant must satisfy one of the
requirements in paragraphs (b) to (f) and not be subject to denial of licensure under
section 148.6448.

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

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

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

(e) A person who is credentialed in another jurisdiction may apply for licensure by
reciprocity and must meet the requirements in section 148.6415.

(f) A person who applies for temporary licensure must meet the requirements in
section 148.6418.

new text begin (g) A person who applies for licensure under paragraph (b), (c), or (f), more than two
and less than four years after meeting the requirements in section 148.6408 or 148.6410
must submit the following:
new text end

new text begin (1) a completed and signed application for licensure on forms provided by the
commissioner;
new text end

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

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

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

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

new text begin (h) A person who applied for licensure under paragraph (b), (c), or (f), four years
or more after meeting the requirements in section 148.6408 or 148.6410 must meet
all the requirements in paragraph (g) except items (3) and (4), submit documentation
of having retaken and passed the credentialing examination for occupational therapist
or occupational therapy assistant, or of having completed an occupational therapy
refresher program that contains both a theoretical and clinical component approved by
the commissioner, and verified documentation of successful completion of 480 hours of
supervised practice approved by the commissioner under a limited license specified in
section 148.6425, subdivision 3, paragraph (c). Only refresher courses completed within
one year prior to date of application qualify for approval.
new text end

Sec. 9.

Minnesota Statutes 2008, section 148.6440, subdivision 2, is amended to read:


Subd. 2.

Written documentation required.

new text begin(a) new text endAn occupational therapist must
provide to the commissioner documentation verifying that the occupational therapist
has met the educational and clinical requirements described in subdivisions 3 to 5,
depending on the modality or modalities to be used. Both theoretical training and clinical
application objectives must be met for each modality used. Documentation must include
the name and address of the individual or organization sponsoring the activity; the
name and address of the facility at which the activity was presented; and a copy of the
course, workshop, or seminar description, including learning objectives and standards
for meeting the objectives. In the case of clinical application objectives, teaching
methods must be documented, including actual supervised practice. Documentation must
include a transcript or certificate showing successful completion of the coursework.
new text begin Coursework completed more than two years prior to date of application must be retaken.
new text endAn occupational therapist who is a certified hand therapist shall document satisfaction
of the requirements in subdivisions 3 to 5 by submitting to the commissioner a copy of
a certificate issued by the Hand Therapy Certification Commission. Practitioners are
prohibited from using physical agent modalities under supervision or independently until
granted approval as provided in subdivision 7new text begin, except under the provisions in paragraph
(b)
new text end.

new text begin (b) If a practitioner has successfully completed a specific course previously reviewed
and approved by the commissioner as provided for in subdivision 7, and has submitted the
written documentation required in paragraph (a) within 30 calendar days from the course
date, the practitioner awaiting written approval from the commissioner may use physical
agent modalities under the supervision of a practitioner listed on the roster of persons
approved to use physical agent modalities.
new text end

Sec. 10.

Minnesota Statutes 2008, section 157.16, subdivision 2, is amended to read:


Subd. 2.

License renewal.

Initial and renewal licenses for all food and beverage
service establishments, hotels, motels, lodging establishments, public pools, and resorts
shall be issued deleted text beginfor the calendar year for which application is made and shall expire on
December 31 of such year
deleted text endnew text begin on an annual basisnew text end. Any person who operates a place of
business after the expiration date of a license or without having submitted an application
and paid the fee shall be deemed to have violated the provisions of this chapter and shall
be subject to enforcement action, as provided in the Health Enforcement Consolidation
Act, sections 144.989 to 144.993. In addition, a penalty of $50 shall be added to the total
of the license fee for any food and beverage service establishment operating without a
license as a mobile food unit, a seasonal temporary or seasonal permanent food stand, or a
special event food stand, and a penalty of $100 shall be added to the total of the license fee
for all restaurants, food carts, hotels, motels, lodging establishments, public pools, and
resorts operating without a license for a period of up to 30 days. A late fee of $300 shall be
added to the license fee for establishments operating more than 30 days without a license.

Sec. 11.

Minnesota Statutes 2008, section 157.16, subdivision 4, is amended to read:


Subd. 4.

Posting requirements.

Every food and beverage service establishment,
hotel, motel, lodging establishment, public pool, or resort must have the license posted
in a conspicuous place at the establishment. new text beginMobile food units, food carts, and seasonal
temporary food stands shall be issued decals with the initial license and each calendar year
with license renewals. The current license year decal must be placed on the unit or stand
in a location determined by the commissioner. Decals are not transferable.
new text end

Sec. 12. new text beginMINIMUM DATA SET, VERSION 3.0.
new text end

new text begin The commissioner of health shall implement the minimum data set, version 3.0
(MDS 3.0) for the resident reimbursement classification in Minnesota Statutes, section
144.0724, using the rules and guidelines published by the United States Department of
Health and Human Services, Centers for Medicare and Medicaid Services. Implementation
of MDS 3.0 must correspond to the implementation times specified in the federal
requirements. The commissioners of health and human services shall establish procedures
for the transition from resource utilization groups (RUGs) to MDS 3.0 for resident
reimbursement classification.
new text end

Sec. 13. new text begin REPEALER.
new text end

new text begin Minnesota Rules, parts 4610.0420; 4610.0500, subparts 1, 2, 3, and 5; 4610.0600,
subparts 1, 3, and 4; and 4610.0650,
new text end new text begin are repealed July 1, 2009.
new text end