1.1                          A bill for an act 
  1.2             relating to health; providing for licensure of 
  1.3             exercise physiologists; providing penalties; amending 
  1.4             Minnesota Statutes 2002, sections 13.383, by adding a 
  1.5             subdivision; 214.18, subdivision 5; 319B.02, 
  1.6             subdivision 19; 319B.40; Minnesota Statutes 2003 
  1.7             Supplement, sections 62J.52, subdivision 2; 116J.70, 
  1.8             subdivision 2a; 147.09; proposing coding for new law 
  1.9             as Minnesota Statutes, chapter 147E. 
  1.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.11                             ARTICLE 1 
  1.12     Section 1.  [147E.01] [DEFINITIONS.] 
  1.13     Subdivision 1.  [ACCREDITED PROGRAM OF EXERCISE 
  1.14  PHYSIOLOGY.] "Accredited program of exercise physiology" means a 
  1.15  university or college accredited program of exercise physiology 
  1.16  approved by the Board of Accreditation of the American Society 
  1.17  of Exercise Physiologists. 
  1.18     Subd. 2.  [APPLICANT.] "Applicant" means a person who has 
  1.19  submitted an application, with the appropriate fee, for 
  1.20  licensure by the board. 
  1.21     Subd. 3.  [ASEP-EPC.] "ASEP-EPC" means the exercise 
  1.22  physiologist certified (EPC) examination administered by the 
  1.23  Board of Certification for Exercise Physiology that exists 
  1.24  within the administered framework of the American Society of 
  1.25  Exercise Physiologists (ASEP), a not-for-profit corporation 
  1.26  organized under section 501(c)(4) of the Internal Revenue Code. 
  1.27     Subd. 4.  [BOARD.] "Board" means the Board of Medical 
  2.1   Practice or its designee. 
  2.2      Subd. 5.  [CARDIOVASCULAR PHYSIOLOGY PROFILE.] 
  2.3   "Cardiovascular physiology profile" means the development, 
  2.4   analysis, and application of physiological data, including, but 
  2.5   not limited to, heart rate, blood pressure, oxygen consumption, 
  2.6   cardiac output, stroke volume, arteriovenous oxygen difference, 
  2.7   mean arterial pressure, systemic vascular resistance, double 
  2.8   product, estimated myocardial oxygen consumption, and other 
  2.9   related musculoskeletal (strength, muscle endurance, and 
  2.10  flexibility) responses at rest and during exercise for the 
  2.11  purpose of ascertaining the benefits of exercise or for 
  2.12  evaluating the role of various experimental conditions (such as 
  2.13  massage, types of running shoes worn during exercise, and 
  2.14  similar types of research) on the acute responses to physical 
  2.15  activity and/or chronic adaptations to regular exercise. 
  2.16     Subd. 6.  [CLIENT.] "Client" means an individual, couple, 
  2.17  family, group, organization, or community that receives, 
  2.18  received, or should have received services from an applicant or 
  2.19  a licensee. 
  2.20     Subd. 7.  [CREDENTIAL.] "Credential" means a license or 
  2.21  other evidence of qualification, such as the ASEP-EPC 
  2.22  authorization, to engage in exercise physiology practice in this 
  2.23  state or any other state. 
  2.24     Subd. 8.  [CREDENTIALING EXAMINATION.] "Credentialing 
  2.25  examination" means an examination administered by the ASEP Board 
  2.26  for Certification that may result in the "certification" and 
  2.27  subsequent licensure of an exercise physiologist.  The 
  2.28  examination consists of two parts.  The first part is a 
  2.29  multiple-choice written test, and the second part is a hands-on 
  2.30  laboratory test.  The candidate must attain a minimum score of 
  2.31  70 percent on the examination to pass it. 
  2.32     Subd. 9.  [COMPENSATION.] "Compensation" means a fee, 
  2.33  salary, reward, payment, or the expectation of payment from a 
  2.34  subject, patient, client or a client's agent, insurer, employer, 
  2.35  or other representative for providing exercise physiology 
  2.36  services. 
  3.1      Subd. 10.  [EXERCISE PHYSIOLOGY.] "Exercise physiology" 
  3.2   means the identification of physiological mechanisms underlying 
  3.3   physical activity, the comprehensive delivery of treatment 
  3.4   services concerned with the analysis, improvement, and 
  3.5   maintenance of health and fitness, rehabilitation of heart 
  3.6   disease and other chronic diseases or disabilities, and the 
  3.7   professional guidance and counsel of athletes and others 
  3.8   interested in athletics, sports training, and human adaptability 
  3.9   to acute and chronic exercise. 
  3.10     Subd. 11.  [EXERCISE PHYSIOLOGIST.] "Exercise physiologist" 
  3.11  means a person who has passed the ASEP-EPC examination. 
  3.12     Subd. 12.  [EXERCISE PHYSIOLOGY INTERNSHIP.] "Exercise 
  3.13  physiology internship" means supervised, practical, on-the-job 
  3.14  training as an intern from an accredited academic college or 
  3.15  university. 
  3.16     Subd. 13.  [EXERCISE PHYSIOLOGY PRACTITIONER.] "Exercise 
  3.17  physiology practitioner" means a person licensed to practice 
  3.18  exercise physiology. 
  3.19     Subd. 14.  [LICENSEE.] "Licensee" means a person licensed 
  3.20  by the board. 
  3.21     Subd. 15.  [PRIVATE PRACTICE.] "Private practice" means 
  3.22  exercise physiology practice conducted by a licensee practicing 
  3.23  within the permissible scope of a license, who is either 
  3.24  self-employed, or a member of a partnership or of a group 
  3.25  practice, rather than being employed by an agency, clinic, or 
  3.26  other similar entity. 
  3.27     Sec. 2.  [147E.05] [SCOPE OF PRACTICE.] 
  3.28     Subdivision 1.  [EXERCISE PHYSIOLOGY SCOPE OF 
  3.29  PRACTICE.] "Exercise physiology scope of practice" means the use 
  3.30  of laboratory or other commercial equipment that enables the 
  3.31  exercise physiologist to examine, analyze, and provide 
  3.32  instruction to determine, evaluate, enhance, or prevent health 
  3.33  or fitness problems, physical disability, pain, mental 
  3.34  confusion, or misunderstanding resulting from sedentary or 
  3.35  lifestyle-related factors. 
  3.36     Subd. 2.  [EQUIPMENT; SETTINGS.] Exercise physiologists 
  4.1   shall use treadmills and other exercise ergometers in the 
  4.2   laboratory or commercial settings, including, but not limited 
  4.3   to, college and university laboratories and fitness and exercise 
  4.4   programs, personal health and fitness businesses, exercise 
  4.5   programs offered by hospitals or centers, and corporate wellness 
  4.6   programs to perform resting, submaximal, and maximal oxygen 
  4.7   consumption tests to make evaluations and recommendations 
  4.8   regarding, but not limited to: 
  4.9      (1) hemodynamic or metabolic physiology; 
  4.10     (2) cardiorespiratory physiology, including, but not 
  4.11  limited to, oxygen consumption, cardiac output, and other 
  4.12  physiological variables; 
  4.13     (3) musculoskeletal system; and 
  4.14     (4) body composition, including percentage of body fat and 
  4.15  lean muscle tissue measurements. 
  4.16     Subd. 3.  [EXAMINATION, ANALYSIS, OR 
  4.17  INSTRUCTION.] Examination, analysis, or instruction must be done 
  4.18  for the purpose of research, counseling, and enhancement of 
  4.19  athletic performance and improvement of physical or emotional 
  4.20  well-being.  Nothing in subdivision 2 authorizes the exercise 
  4.21  physiologist to diagnose disease either by using the 
  4.22  electrocardiogram or by any means resulting from other exercise 
  4.23  physiology laboratory procedures.  The examination, analysis, or 
  4.24  instruction provided by the exercise physiologist is 
  4.25  specifically geared to educate the client so that the client can 
  4.26  improve lifestyle factors related to dysfunction or disease or 
  4.27  improve sports training. 
  4.28     Subd. 4.  [EXERCISE PHYSIOLOGY EXAMINATION.] An exercise 
  4.29  physiology examination must include, but is not limited to: 
  4.30     (1) administering a health and fitness history 
  4.31  questionnaire; 
  4.32     (2) practical laboratory evaluation; 
  4.33     (3) assessment of the musculoskeletal system or 
  4.34  cardiorespiratory system using standard laboratory equipment; 
  4.35     (4) exercise test protocols; 
  4.36     (5) exercise programs; 
  5.1      (6) risk factor modification; or 
  5.2      (7) measurements to assist in evaluating the overt or 
  5.3   objective responses, signs, or symptoms of cardiovascular 
  5.4   dysfunction to incremental exercise.  Exercise physiology 
  5.5   examination of clients does not include examining any person for 
  5.6   the purpose of diagnosing any disease or organic condition. 
  5.7      Subd. 5.  [EXERCISE PHYSIOLOGY ASSESSMENT.] (a) An exercise 
  5.8   physiology assessment may include, but is not limited to, tests 
  5.9   that measure body composition, range of motion, muscle strength, 
  5.10  endurance, work, and power and assist in the overall analysis of 
  5.11  the: 
  5.12     (1) central or peripheral components of oxygen consumption; 
  5.13     (2) components underlying resting or exercise energy 
  5.14  expenditure; 
  5.15     (3) pulmonary function; 
  5.16     (4) exercise prescription; and 
  5.17     (5) cardiorespiratory fitness of individuals with metabolic 
  5.18  disorders including, but not limited to, deficiencies associated 
  5.19  with cardiovascular system, diabetes, lipid disorders, 
  5.20  hypertension, cancer, cystic fibrosis, chronic obstructive and 
  5.21  restrictive pulmonary diseases, arthritis, organ transplant, 
  5.22  peripheral vascular disease, and obesity. 
  5.23     (b) An exercise physiology assessment may include treadmill 
  5.24  or other ergometer test protocols in conjunction with exercise 
  5.25  electrocardiography (ECG) to identify the heart rate and ECG 
  5.26  responses at rest and during submaximal and maximal graded 
  5.27  exercise programs in addition to specific contraindications for 
  5.28  continuing exercise.  Nothing in this section is intended to 
  5.29  preclude exercise physiologists from stress testing or using a 
  5.30  variety of different ergometers in assessing or educating 
  5.31  subjects without otherwise known disease or cardiorespiratory 
  5.32  limitations. 
  5.33     Subd. 6.  [EXERCISE PHYSIOLOGY INSTRUCTION.] Exercise 
  5.34  physiology instruction includes providing educational, 
  5.35  consultative, or other advisory services for the purpose of 
  5.36  helping the public with issues and concerns regarding 
  6.1   fundamental and scientific information about mind-body health 
  6.2   and fitness.  Instruction includes, but is not limited to: 
  6.3      (1) the acute physiological responses to exercise; 
  6.4      (2) chronic physiological adaptations to training; 
  6.5      (3) designing resistance and aerobic training programs; 
  6.6      (4) measuring energy expenditure at rest and during 
  6.7   exercise; 
  6.8      (5) hormonal regulation and metabolic adaptations to 
  6.9   training; 
  6.10     (6) cardiorespiratory regulation and adaptation during 
  6.11  exercise; 
  6.12     (7) thermal regulation during exercise; 
  6.13     (8) exercising at different altitudes, underwater, and in 
  6.14  space; 
  6.15     (9) optimizing sports training through the use of ergogenic 
  6.16  aids and better nutrition; 
  6.17     (10) appropriate body composition and optimal body weight 
  6.18  and the role of each in diabetes and physical activity; 
  6.19     (11) growth and development of young athletes; 
  6.20     (12) aging and gender issues; 
  6.21     (13) preventing cardiovascular disease through exercise; 
  6.22     (14) prescription of exercise for health and performance; 
  6.23     (15) biomechanical aspects of posture and sports; 
  6.24     (16) physiological assessment of human movement; 
  6.25     (17) stress testing protocols for athletics and special 
  6.26  populations; 
  6.27     (18) resting and exercise electrocardiography; 
  6.28     (19) biobehaviorial techniques to reduce stress and 
  6.29  increase running economy; and 
  6.30     (20) biochemistry of nutrition and exercise. 
  6.31     Subd. 7.  [EXERCISE PHYSIOLOGY ANALYSIS AND 
  6.32  TREATMENT.] Exercise physiology analysis and treatment includes 
  6.33  hands-on contact to perform specific laboratory tests, with 
  6.34  specific expectations for treatment measures and activities.  It 
  6.35  includes, but is not limited to: 
  6.36     (1) range of motion exercises; 
  7.1      (2) muscle strength and muscle endurance exercises; 
  7.2      (3) lean muscle tissue-fat analysis; 
  7.3      (4) musculoskeletal or postural exercises; 
  7.4      (5) sports nutrition programs; 
  7.5      (6) sports biomechanics instructions for the enhancement of 
  7.6   sports or occupational-related skills; 
  7.7      (7) stress management exercises; 
  7.8      (8) sports training and the development programs; 
  7.9      (9) cardiac and pulmonary rehabilitation, including, but 
  7.10  not limited to, development of such programs, supervising 
  7.11  testing, development of exercise prescription, and other 
  7.12  functions such as the education and counseling of patients; and 
  7.13     (10) exercise physiology instruction that pertains to all 
  7.14  forms of sports training and athletics. 
  7.15     Sec. 3.  [147E.10] [LICENSURE.] 
  7.16     Subdivision 1.  [LICENSURE REQUIRED.] It is unlawful for 
  7.17  any person to engage in the practice of exercise physiology 
  7.18  without a valid license.  A licensed exercise physiologist shall 
  7.19  conspicuously display the license in the place of practice. 
  7.20     Subd. 2.  [DESIGNATION.] A person licensed under this 
  7.21  chapter must use the title of Licensed Exercise Physiologist or 
  7.22  LEP following the person's name in all forms of advertising, 
  7.23  professional literature, and billings.  A person may not, in the 
  7.24  conduct of an occupation or profession pertaining to the 
  7.25  practice of exercise physiology or in connection with the 
  7.26  person's name: 
  7.27     (1) use the words or letters licensed exercise 
  7.28  physiologist; 
  7.29     (2) Minnesota licensed exercise physiologist; or 
  7.30     (3) any other words, letters, abbreviations, or insignia 
  7.31  indicating or implying that a person is an exercise physiologist 
  7.32  without a license issued under this section. 
  7.33     Subd. 3.  [PENALTY.] A person who violates this section is 
  7.34  guilty of a misdemeanor and subject to discipline. 
  7.35     Subd. 4.  [LICENSE BY RECIPROCITY.] (a) The board shall 
  7.36  issue an exercise physiology license to a person: 
  8.1      (1) who holds a current license as an exercise physiologist 
  8.2   from another jurisdiction if the board determines that the 
  8.3   standards for licensure in the other jurisdiction meet or exceed 
  8.4   the requirements for licensure in Minnesota; 
  8.5      (2) when a letter is received from that jurisdiction that 
  8.6   the exercise physiologist is in good standing in that 
  8.7   jurisdiction; and 
  8.8      (3) who is credentialed by the American Society of Exercise 
  8.9   Physiologists (ASEP) as an exercise physiologist certified (EPC).
  8.10     Subd. 5.  [LICENSE REQUIREMENTS.] To be eligible for 
  8.11  licensure, an applicant, with the exception of those seeking 
  8.12  licensure by reciprocity, must: 
  8.13     (1) be at least 21 years of age and be of good moral 
  8.14  character; 
  8.15     (2) be in compliance with the ASEP Standards of 
  8.16  Professional Practice, rules, and regulations; 
  8.17     (3) have at least an undergraduate degree in exercise 
  8.18  physiology or an academic program of study that is accredited by 
  8.19  the ASEP Board of Accreditation; 
  8.20     (4) have passed the EPC examination and submit a notarized 
  8.21  copy of the ASEP-EPC certification; 
  8.22     (5) submit a completed application for licensure on forms 
  8.23  provided by the board, which must include the applicant's name, 
  8.24  social security number, home address and telephone number, and 
  8.25  business address and telephone number; 
  8.26     (6) sign a statement that the information in the 
  8.27  application is true and correct to the best of the applicant's 
  8.28  knowledge and belief; and 
  8.29     (7) submit with the application a fee of $....... and sign 
  8.30  a waiver authorizing the board to access the applicant's records 
  8.31  in this state or any state in which the applicant has engaged in 
  8.32  the practice of exercise physiology. 
  8.33     (b) The board may: 
  8.34     (1) ask the applicant to provide any additional information 
  8.35  to ensure that the applicant is able to practice with reasonable 
  8.36  skill and safety to the public; and 
  9.1      (2) investigate information provided by an applicant as to 
  9.2   whether the information is accurate and complete. 
  9.3      (c) The board shall notify an applicant of action taken on 
  9.4   the application and the reasons for denying licensure if 
  9.5   licensure is denied. 
  9.6      Subd. 6.  [LICENSURE EXPIRATION.] Licenses issued under 
  9.7   this section expire annually. 
  9.8      Subd. 7.  [RENEWAL.] To be eligible for renewal, an 
  9.9   applicant must: 
  9.10     (1) annually, or as determined by the board, complete a 
  9.11  renewal application on a form provided by the board; 
  9.12     (2) submit a renewal fee of $.......; 
  9.13     (3) provide evidence annually of continuing education; 
  9.14     (4) provide documentation of current and active ASEP-EPC 
  9.15  certification; and 
  9.16     (5)  submit any additional information requested by the 
  9.17  board to clarify information presented in the renewal 
  9.18  application within 30 days after the board's request. 
  9.19     Subd. 8.  [LICENSURE RENEWAL NOTICE.] At least 30 days 
  9.20  before the license renewal date, the board shall send out a 
  9.21  renewal notice to the last known address of the licensee.  The 
  9.22  notice must include a renewal application and a notice of fees 
  9.23  required for renewal.  If the licensee does not receive a 
  9.24  renewal notice, the licensee must still meet the requirements 
  9.25  for registration renewal under this section. 
  9.26     Subd. 9.  [RENEWAL DEADLINE.] The renewal application and 
  9.27  fee must be postmarked on or before June 30 of the year of 
  9.28  renewal or as determined by the board. 
  9.29     Subd. 10.  [INACTIVE STATUS.] The board may not renew or 
  9.30  restore a license that has lapsed and has not been renewed 
  9.31  within two annual license renewal cycles.  The license holder 
  9.32  may reactivate an inactive license upon application to the 
  9.33  board.  A licensee whose license is canceled for nonrenewal must 
  9.34  obtain a new license by applying for licensure and fulfilling 
  9.35  all the requirements then in existence for the initial license 
  9.36  to practice exercise physiology in the state of Minnesota.  The 
 10.1   application must include: 
 10.2      (1) evidence of current and active ASEP-EPC certification; 
 10.3      (2) evidence of the certificate holder's payment of an 
 10.4   inactive status fee of $.......; 
 10.5      (3) the annual fee; and 
 10.6      (4) all back fees since previous renewal. 
 10.7      Subd. 11.  [TEMPORARY PERMIT.] The board may issue a 
 10.8   temporary permit to practice exercise physiology to an applicant 
 10.9   eligible for licensure under this section only if the 
 10.10  application for licensure is complete, all applicable 
 10.11  requirements in this section have been met, and a nonrefundable 
 10.12  fee of $....... has been paid.  The permit remains valid only 
 10.13  until the meeting of the board at which a decision is made on 
 10.14  the exercise physiologist's application for licensure. 
 10.15     Sec. 4.  [147E.15] [CONTINUING EDUCATION ACTIVITY 
 10.16  REQUIREMENTS.] 
 10.17     Subdivision 1.  [ASEP-EPC REQUIREMENTS.] Each licensee is 
 10.18  required to meet the ASEP-EPC professional development activity 
 10.19  requirements to maintain licensure.  These requirements must be 
 10.20  met through a board-approved continuing education program. 
 10.21     Subd. 2.  [BOARD APPROVAL.] The board shall approve a 
 10.22  continuing education program if the program meets the following 
 10.23  requirements: 
 10.24     (1) it directly relates to the practice of exercise 
 10.25  physiology; 
 10.26     (2) members of the faculty show expertise in the exercise 
 10.27  physiology subject matter by holding a degree or certificate 
 10.28  from an educational institution or have verifiable experience in 
 10.29  exercise physiology; 
 10.30     (3) the program lasts at least one contact hour; 
 10.31     (4) there are specific written objectives describing the 
 10.32  goals of the program for the participants; and 
 10.33     (5) the program sponsor maintains attendance records for 
 10.34  four years. 
 10.35     Subd. 3.  [CONTINUING EDUCATION TOPICS.] Continuing 
 10.36  education program topics may include, but are not limited to: 
 11.1      (1) exercise physiology and laboratory techniques including 
 11.2   acute and chronic responses and adaptations to exercise and 
 11.3   training, respectively; 
 11.4      (2) measurement of maximal oxygen consumption and 
 11.5   respective components; 
 11.6      (3) sports nutrition; 
 11.7      (4) sport biomechanics; 
 11.8      (5) application of exercise physiology concepts and ideas 
 11.9   to altitude training and aerospace medicine; 
 11.10     (6) rehabilitation of cardiac and other disease patients; 
 11.11     (7) health and corporate wellness and fitness evaluations; 
 11.12     (8) strength and muscular development and assessment for 
 11.13  training and competition; 
 11.14     (9) athletics and human development; and 
 11.15     (10) the professional development of exercise physiology. 
 11.16     Subd. 4.  [VERIFICATION.] The board shall periodically 
 11.17  select a random sample of exercise physiologists and require the 
 11.18  exercise physiologists to show evidence of having completed the 
 11.19  continuing education activities requirements.  Either the 
 11.20  licensee, the state, or the national organization that maintains 
 11.21  continuing education records may provide the board documentation 
 11.22  of the continuing education program. 
 11.23     Sec. 5.  [147E.20] [BOARD ACTION ON APPLICATIONS.] 
 11.24     Subdivision 1.  [VERIFICATION OF APPLICATION 
 11.25  INFORMATION.] The board or Exercise Physiology Advisory Council, 
 11.26  with the approval of the board, may verify information provided 
 11.27  by an application for licensure to determine if the information 
 11.28  is accurate and complete. 
 11.29     Subd. 2.  [NOTIFICATION OF BOARD ACTION.] Within 120 days 
 11.30  of receipt of the application, the board shall notify each 
 11.31  applicant in writing of the action taken on the application. 
 11.32     Subd. 3.  [REQUEST FOR HEARING BY APPLICANT DENIED.] An 
 11.33  applicant denied licensure must be notified of the determination 
 11.34  and the grounds for it, and may request a hearing on the 
 11.35  determination by filing a written statement of issues with the 
 11.36  board, within 20 days after receipt of the notice from the 
 12.1   board.  After the hearing, the board shall notify the applicant 
 12.2   in writing of its decision. 
 12.3      Sec. 6.  [147E.25] [EXERCISE PHYSIOLOGY ADVISORY COUNCIL.] 
 12.4      Subdivision 1.  [CREATION.] The advisory council to the 
 12.5   Board of Medical Practice for Exercise Physiology consists of 
 12.6   five members appointed by the board to three-year terms.  Three 
 12.7   members must be licensed exercise physiologists, one member must 
 12.8   be a licensed physician who has worked with exercise 
 12.9   physiologists in different professional settings, and one member 
 12.10  may be anyone from the health care community. 
 12.11     Subd. 2.  [ADMINISTRATION.] The advisory council is 
 12.12  governed by section 15.059, except that the council does not 
 12.13  expire. 
 12.14     Subd. 3.  [DUTIES.] The advisory council shall: 
 12.15     (1) advise the board on issuance, denial, renewal, 
 12.16  suspension, revocation, or restriction of licenses to practice 
 12.17  exercise physiology; 
 12.18     (2) advise the board on issues related to receiving, 
 12.19  investigating, conducting hearings, and imposing disciplinary 
 12.20  action in relation to complaints against exercise physiology 
 12.21  practitioners; 
 12.22     (3) maintain a register of licensees in the state of 
 12.23  Minnesota; 
 12.24     (4) maintain a record of all advisory council actions; 
 12.25     (5) prescribe registration application forms, license 
 12.26  forms, and protocol forms; 
 12.27     (6) review the patient visit records submitted by 
 12.28  applicants during the transition period; 
 12.29     (7) advise the board regarding standards for exercise 
 12.30  physiologists; 
 12.31     (8) distribute information regarding exercise physiology 
 12.32  practice standards; 
 12.33     (9) review complaints; 
 12.34     (10) advise the board regarding continuing education 
 12.35  programs; 
 12.36     (11) review the investigation of reports of complaints and 
 13.1   recommend to the board whether disciplinary action should be 
 13.2   taken; and 
 13.3      (12) perform other duties authorized by advisory councils, 
 13.4   as directed by the board. 
 13.5      Sec. 7.  [147E.30] [PROFESSIONAL CONDUCT.] 
 13.6      Subdivision 1.  [PRACTICE STANDARDS.] Exercise 
 13.7   physiologists must read the literature, correctly apply the body 
 13.8   of knowledge within the scope of practice, and follow the ASEP 
 13.9   Code of Ethics and Standards of Practice. 
 13.10     Subd. 2.  [PRACTICE BOUNDARIES.] Exercise physiologists may 
 13.11  practice only within the boundaries of their competence, as 
 13.12  defined by their academic training, hands-on experiences, or the 
 13.13  ASEP national professional certification. 
 13.14     Subd. 3.  [MONITOR.] Exercise physiologists must monitor 
 13.15  their effectiveness as professionals and take steps including, 
 13.16  but not limited to, continuing education to maintain a 
 13.17  reasonable level of awareness of current scientific and 
 13.18  professional information. 
 13.19     Subd. 4.  [STANDARDS OF CONDUCT.] Exercise physiologists 
 13.20  have a responsibility to subjects, patients, clients, and the 
 13.21  agency or institution within which services are performed to 
 13.22  maintain high standards of professional conduct. 
 13.23     Subd. 5.  [PROFESSIONAL RESPONSIBILITY.] The professional 
 13.24  responsibility is to respect the dignity and mental, physical, 
 13.25  and emotional welfare of subjects used in research or similar 
 13.26  investigative activities; individuals, such as, but not limited 
 13.27  to, persons interested in health and fitness promotion, 
 13.28  improvement in athletics and sports training programs, and 
 13.29  requested laboratory tests to evaluate and develop a lifestyle 
 13.30  risk factor plan for reduction in heart disease, obesity, 
 13.31  stress, and the management of specific metabolic or 
 13.32  musculoskeletal dysfunctions; and patients in cardiopulmonary 
 13.33  rehabilitation programs, exercise prescriptions, or diabetic or 
 13.34  hypertension centers. 
 13.35     Subd. 6.  [DISCLOSURE.] Disclosure of test results to the 
 13.36  subjects, individuals, or clients is initiated and performed by 
 14.1   exercise physiologists for the purposes of describing, 
 14.2   interpreting, comparing, and developing a plan of action 
 14.3   consistent with the research-based benefits of service. 
 14.4      Subd. 7.  [RECORDS.] Exercise physiologists shall recognize 
 14.5   that the records and other pertinent information are 
 14.6   confidential, and that the subject, individual, or client has 
 14.7   the right to full access of all test results, records, and 
 14.8   copies of records.  Use of data derived from laboratory tests 
 14.9   for purposes of developing a training program, research, or 
 14.10  publication is confined to content that is disguised to ensure 
 14.11  the anonymity of the subjects, individuals, or clients. 
 14.12     Sec. 8.  [147E.35] [GROUNDS FOR DISCIPLINARY ACTION.] 
 14.13     Subdivision 1.  [GROUNDS LISTED.] The board may refuse to 
 14.14  grant a license or impose disciplinary action against a licensee 
 14.15  on the following grounds: 
 14.16     (1) failure to demonstrate the qualifications or satisfy 
 14.17  the requirements for a license contained in this chapter or 
 14.18  rules of the board.  The burden of proof shall be upon the 
 14.19  applicant to demonstrate such qualifications or satisfaction of 
 14.20  such requirements; 
 14.21     (2) obtaining a license by fraud or cheating; 
 14.22     (3) attempting to subvert the licensing examination 
 14.23  process, including, but not limited to: 
 14.24     (i) conduct which violates the security of the examination 
 14.25  materials, such as removing examination materials from the 
 14.26  examination room or having unauthorized possession of any 
 14.27  portion of a future, current, or previously administered 
 14.28  licensing examination; 
 14.29     (ii) conduct which violates the standard of test 
 14.30  administration, such as communicating with another examinee 
 14.31  during administration of the examination, copying another 
 14.32  examinee's answers, permitting another examinee to copy one's 
 14.33  answers, or possessing unauthorized materials; and 
 14.34     (iii) impersonating an examinee or permitting an 
 14.35  impersonator to take the examination on one's own behalf; 
 14.36     (4) having been legally adjudicated mentally incompetent, 
 15.1   the record of which is conclusive evidence thereof; 
 15.2      (5) conviction, during the previous five years, of a felony 
 15.3   reasonably related to the practice of exercise physiology, 
 15.4   including (i) a conviction of an offense which, if committed in 
 15.5   this state, would be deemed a felony without regard to its 
 15.6   designation elsewhere; or (ii) a criminal proceeding where a 
 15.7   finding or verdict of guilt is made or returned but the 
 15.8   adjudication of guilt is either withheld or not entered thereon; 
 15.9      (6) revocation, suspension, restriction, limitation, or 
 15.10  other disciplinary action against the person's license in 
 15.11  another state or jurisdiction; 
 15.12     (7) failure to report to the board that charges regarding 
 15.13  the person's license have been brought in another state or 
 15.14  jurisdiction, having been refused a license by any other state 
 15.15  or jurisdiction; 
 15.16     (8) engaging in unethical conduct that is likely to 
 15.17  deceive, defraud, or harm the public; demonstrating a willful or 
 15.18  careless disregard for the health, welfare, or safety of a 
 15.19  patient; or engaging in exercise physiology practice which is 
 15.20  professionally incompetent, in that it may create unnecessary 
 15.21  danger to any patient's life, health, or safety, in any of which 
 15.22  cases, proof of actual injury need not be established; and 
 15.23     (9) engaging in unprofessional conduct that encompasses any 
 15.24  departure from or failure to conform to the minimal standards of 
 15.25  acceptable and prevailing exercise physiology practice and for 
 15.26  which actual injury to a patient need not be established, 
 15.27  including: 
 15.28     (i) inability to practice exercise physiology with 
 15.29  reasonable skill and safety to subjects, clients, and/or 
 15.30  patients by reason of illness, drunkenness, use of drugs, 
 15.31  narcotics, chemicals, or any other type of material or as a 
 15.32  result of any mental or physical condition, including 
 15.33  deterioration through the aging process or loss of motor skills; 
 15.34     (ii) revealing a privileged communication from, or relating 
 15.35  to, a patient except when otherwise required or permitted by 
 15.36  law; 
 16.1      (iii) improper management of records, including failure to 
 16.2   maintain adequate records, to comply with a subject's, client's, 
 16.3   or patient's request made pursuant to action or to furnish a 
 16.4   record or report required by law; 
 16.5      (iv) engaging in abusive or fraudulent billing practices, 
 16.6   including violations of the federal Medicare and Medicaid laws 
 16.7   or state medical assistance laws; or 
 16.8      (v) becoming addicted or habituated to a drug or intoxicant.
 16.9      Subd. 2.  [DISCIPLINARY REVIEW.] The board may investigate 
 16.10  allegations and impose disciplinary action against an exercise 
 16.11  physiologist for any of the grounds listed in subdivision 1.  As 
 16.12  part of its investigative process, the board shall receive 
 16.13  consultation or recommendation from other licensees.  The 
 16.14  internal and external review processes must be exhausted prior 
 16.15  to an allegation being brought under this subdivision.  Nothing 
 16.16  in this subdivision creates, modifies, or changes existing law 
 16.17  related to tort liability for professional negligence.  Nothing 
 16.18  in this subdivision preempts state peer review law protection in 
 16.19  accordance with the licensure of exercise physiologists, federal 
 16.20  peer review law, or current law pertaining to complaints or 
 16.21  appeals. 
 16.22     Subd. 3.  [AUTOMATIC SUSPENSION.] The board shall take the 
 16.23  steps in this subdivision in regard to automatic suspension.  
 16.24  Upon notice to the board of a judgment of, or a plea of guilty 
 16.25  to, a felony reasonably related to the practice of exercise 
 16.26  physiology subject, client, or patient care, the board shall 
 16.27  automatically suspend the credentials of the regulated person.  
 16.28  The credentials shall remain suspended until, upon petition by 
 16.29  the regulated person and after a hearing, the board terminates 
 16.30  suspension.  The board shall indefinitely suspend or revoke the 
 16.31  credentials of the regulated person if, after a hearing, the 
 16.32  board finds that the felonious conduct would cause a serious 
 16.33  risk of harm to the public.  For credentials that have been 
 16.34  suspended or revoked, the regulated person may be reinstated to 
 16.35  practice, either with or without restrictions, by demonstrating 
 16.36  clear and convincing evidence of rehabilitation.  If the 
 17.1   regulated person's conviction is subsequently overturned by 
 17.2   court decision, the board shall conduct a hearing to review the 
 17.3   suspension within 30 days after receipt of the court decision.  
 17.4   The regulated person is not required to prove rehabilitation if 
 17.5   the subsequent court decision overturns previous court findings 
 17.6   of public risk.  The board may, upon majority vote of a quorum 
 17.7   of its members, suspend the credentials of a regulated person 
 17.8   without a hearing if the regulated person fails to maintain a 
 17.9   current name and address with the board, while the regulated 
 17.10  person is: 
 17.11     (1) under board investigation and a notice of conference 
 17.12  has been issued by the board; 
 17.13     (2) party to a contested case with the board; 
 17.14     (3) party to an agreement for corrective action with the 
 17.15  board; or 
 17.16     (4) under a board order for disciplinary action.  The 
 17.17  suspension shall remain in effect until lifted by the board 
 17.18  pursuant to the board's receipt of a petition from the regulated 
 17.19  person, along with the regulated person's current name and 
 17.20  address.  A person regulated by the board shall maintain a 
 17.21  current name and address with the board and shall notify the 
 17.22  board in writing within 30 days of any change in name or 
 17.23  address.  If a name change only is requested, the regulated 
 17.24  person must request revised credentials and return the current 
 17.25  credentials to the board.  The board may require the regulated 
 17.26  person to substantiate the name change by submitting official 
 17.27  documentation from a court of law or agency authorized under law 
 17.28  to receive and officially record a name change.  If an address 
 17.29  change only is requested, no request for revised credentials is 
 17.30  required.  If the regulated person's current credentials have 
 17.31  been lost, stolen, or destroyed, the person shall provide a 
 17.32  written explanation to the board. 
 17.33     Subd. 4.  [EFFECTIVE DATES.] A suspension, revocation, 
 17.34  condition, limitation, qualification, or restriction of a 
 17.35  license shall be in effect pending determination of an appeal 
 17.36  unless the court, upon petition and for good cause shown, shall 
 18.1   otherwise order.  A revocation of a license pursuant to ....... 
 18.2   is not appealable and remains in effect indefinitely. 
 18.3      Subd. 5.  [CONDITIONS ON REISSUED LICENSE.] In its 
 18.4   discretion, the board may restore and reissue a license to 
 18.5   practice exercise physiology, but as a condition may impose any 
 18.6   disciplinary or corrective measure which it might originally 
 18.7   have imposed. 
 18.8      Subd. 6.  [TEMPORARY SUSPENSION OF LICENSE.] (a) In 
 18.9   addition to any other remedy provided by law, the board may, 
 18.10  without a hearing, temporarily suspend the license of an 
 18.11  exercise physiologist if the board finds that the exercise 
 18.12  physiologist has violated a statute or rule which the board is 
 18.13  empowered to enforce and continued practice by the exercise 
 18.14  physiologist would create a serious risk of harm to the public. 
 18.15     (b) The suspension shall take effect upon written notice to 
 18.16  the exercise physiologist specifying the statute or rule 
 18.17  violated and shall remain in effect until the board issues a 
 18.18  final order in the matter after a hearing.  At the time it 
 18.19  issues the suspension notice, the board shall schedule a 
 18.20  disciplinary hearing. 
 18.21     (c) The exercise physiologist shall be provided with at 
 18.22  least 20 days' notice of any hearing held pursuant to this 
 18.23  subdivision. 
 18.24     (d) The hearing shall be scheduled to begin no later than 
 18.25  30 days after the issuance of the suspension order. 
 18.26     Subd. 7.  [EVIDENCE.] In the disciplinary actions alleging 
 18.27  a violation, a copy of the judgment or proceeding under the seal 
 18.28  of the court administrator or of the administrative agency which 
 18.29  entered the same shall be admissible into evidence without 
 18.30  further authentication and shall constitute prima facie evidence 
 18.31  of the contents thereof. 
 18.32     Sec. 9.  [147E.40] [FEES.] 
 18.33     Subdivision 1.  [ANNUAL REGISTRATION FEE.] The board shall 
 18.34  establish the fee of $150 for initial licensure and $150 annual 
 18.35  licensure renewal.  The board may prorate the initial licensure 
 18.36  fee. 
 19.1      Subd. 2.  [PENALTY FEE FOR LATE RENEWALS.] The penalty fee 
 19.2   for late submission for renewal application is $50. 
 19.3      Subd. 3.  [NONREFUNDABLE FEES.] All of the fees in 
 19.4   subdivisions 1 and 2 are nonrefundable. 
 19.5      Sec. 10.  [147E.45] [INJUNCTION, PENALTY, ATTORNEY FEES, 
 19.6   AND COSTS.] 
 19.7      Subdivision 1.  [INJUNCTION.] The board may cause to issue 
 19.8   by any competent court a writ of injunction enjoining a person 
 19.9   from practicing as an exercise physiologist until the person 
 19.10  obtains a license under this chapter.  The injunction is not 
 19.11  subject to being released upon bond. 
 19.12     Subd. 2.  [DECREE.] If it is established that the defendant 
 19.13  has been or is committing an act declared to be a misdemeanor by 
 19.14  this chapter, the court shall enter a decree enjoining the 
 19.15  defendant from further committing such an act. 
 19.16     Subd. 3.  [CONTEMPT OF COURT.] In case of violation of any 
 19.17  injunction issued under the provisions of this chapter, the 
 19.18  court may summarily try and punish the offender for contempt of 
 19.19  court. 
 19.20     Subd. 4.  [INJUNCTIVE PROCEEDINGS.] The injunctive 
 19.21  proceedings shall be in addition to, and not in lieu of, all 
 19.22  penalties and other remedies provided in this chapter. 
 19.23     Subd. 5.  [JUDGMENT OF PENALTY, ATTORNEY FEES, AND 
 19.24  COSTS.] In the suit for an injunction, the board may demand of 
 19.25  the defendant a penalty of not more than $500 plus attorney fees 
 19.26  not to exceed $100, in addition to the cost of the court.  This 
 19.27  judgment for penalty, attorney fees, and costs may be rendered 
 19.28  in the same judgment in which the injunction is made absolute. 
 19.29     Subd. 6.  [TRIAL.] The trial of the proceeding by 
 19.30  injunction shall be summary and by the judge without a jury. 
 19.31                             ARTICLE 2 
 19.32     Section 1.  Minnesota Statutes 2002, section 13.383, is 
 19.33  amended by adding a subdivision to read: 
 19.34     Subd. 5a.  [EXERCISE PHYSIOLOGISTS.] Data obtained by the 
 19.35  Medical Practices Board relating to exercise physiologists are 
 19.36  classified under chapter 147E. 
 20.1      Sec. 2.  Minnesota Statutes 2003 Supplement, section 
 20.2   62J.52, subdivision 2, is amended to read: 
 20.3      Subd. 2.  [UNIFORM BILLING FORM HCFA 1500.] (a) On and 
 20.4   after January 1, 1996, all noninstitutional health care services 
 20.5   rendered by providers in Minnesota except dental or pharmacy 
 20.6   providers, that are not currently being billed using an 
 20.7   equivalent electronic billing format, must be billed using the 
 20.8   health insurance claim form HCFA 1500, except as provided in 
 20.9   subdivision 5. 
 20.10     (b) The instructions and definitions for the use of the 
 20.11  uniform billing form HCFA 1500 shall be in accordance with the 
 20.12  manual developed by the Administrative Uniformity Committee 
 20.13  entitled standards for the use of the HCFA 1500 form, dated 
 20.14  February 1994, as further defined by the commissioner. 
 20.15     (c) Services to be billed using the uniform billing form 
 20.16  HCFA 1500 include physician services and supplies, durable 
 20.17  medical equipment, noninstitutional ambulance services, 
 20.18  independent ancillary services including occupational therapy, 
 20.19  physical therapy, speech therapy and audiology, home infusion 
 20.20  therapy, podiatry services, optometry services, mental health 
 20.21  licensed professional services, substance abuse licensed 
 20.22  professional services, nursing practitioner professional 
 20.23  services, certified registered nurse anesthetists, 
 20.24  chiropractors, physician assistants, exercise physiologists, 
 20.25  laboratories, medical suppliers, and other health care providers 
 20.26  such as day activity centers and freestanding ambulatory 
 20.27  surgical centers. 
 20.28     Sec. 3.  Minnesota Statutes 2003 Supplement, section 
 20.29  116J.70, subdivision 2a, is amended to read: 
 20.30     Subd. 2a.  [LICENSE; EXCEPTIONS.] "Business license" or 
 20.31  "license" does not include the following:  
 20.32     (1) any occupational license or registration issued by a 
 20.33  licensing board listed in section 214.01 or any occupational 
 20.34  registration issued by the commissioner of health pursuant to 
 20.35  section 214.13; 
 20.36     (2) any license issued by a county, home rule charter city, 
 21.1   statutory city, township, or other political subdivision; 
 21.2      (3) any license required to practice the following 
 21.3   occupation regulated by the following sections:  
 21.4      (i) abstracters regulated pursuant to chapter 386; 
 21.5      (ii) accountants regulated pursuant to chapter 326A; 
 21.6      (iii) adjusters regulated pursuant to chapter 72B; 
 21.7      (iv) architects regulated pursuant to chapter 326; 
 21.8      (v) assessors regulated pursuant to chapter 270; 
 21.9      (vi) athletic trainers regulated pursuant to chapter 148; 
 21.10     (vii) attorneys regulated pursuant to chapter 481; 
 21.11     (viii) auctioneers regulated pursuant to chapter 330; 
 21.12     (ix) barbers regulated pursuant to chapter 154; 
 21.13     (x) beauticians regulated pursuant to chapter 155A; 
 21.14     (xi) boiler operators regulated pursuant to chapter 183; 
 21.15     (xii) chiropractors regulated pursuant to chapter 148; 
 21.16     (xiii) collection agencies regulated pursuant to chapter 
 21.17  332; 
 21.18     (xiv) cosmetologists regulated pursuant to chapter 155A; 
 21.19     (xv) dentists, registered dental assistants, and dental 
 21.20  hygienists regulated pursuant to chapter 150A; 
 21.21     (xvi) detectives regulated pursuant to chapter 326; 
 21.22     (xvii) electricians regulated pursuant to chapter 326; 
 21.23     (xviii) mortuary science practitioners regulated pursuant 
 21.24  to chapter 149A; 
 21.25     (xix) engineers regulated pursuant to chapter 326; 
 21.26     (xx) insurance brokers and salespersons regulated pursuant 
 21.27  to chapter 60A; 
 21.28     (xxi) certified interior designers regulated pursuant to 
 21.29  chapter 326; 
 21.30     (xxii) midwives regulated pursuant to chapter 147D; 
 21.31     (xxiii) nursing home administrators regulated pursuant to 
 21.32  chapter 144A; 
 21.33     (xxiv) optometrists regulated pursuant to chapter 148; 
 21.34     (xxv) osteopathic physicians regulated pursuant to chapter 
 21.35  147; 
 21.36     (xxvi) pharmacists regulated pursuant to chapter 151; 
 22.1      (xxvii) physical therapists regulated pursuant to chapter 
 22.2   148; 
 22.3      (xxviii) physician assistants regulated pursuant to chapter 
 22.4   147A; 
 22.5      (xxix) exercise physiologists licensed under chapter 147E; 
 22.6      (xxx) physicians and surgeons regulated pursuant to chapter 
 22.7   147; 
 22.8      (xxx) (xxxi) plumbers regulated pursuant to chapter 326; 
 22.9      (xxxi) (xxxii) podiatrists regulated pursuant to chapter 
 22.10  153; 
 22.11     (xxxii) (xxxiii) practical nurses regulated pursuant to 
 22.12  chapter 148; 
 22.13     (xxxiii) (xxxiv) professional fund-raisers regulated 
 22.14  pursuant to chapter 309; 
 22.15     (xxxiv) (xxxv) psychologists regulated pursuant to chapter 
 22.16  148; 
 22.17     (xxxv) (xxxvi) real estate brokers, salespersons, and 
 22.18  others regulated pursuant to chapters 82 and 83; 
 22.19     (xxxvi) (xxxvii) registered nurses regulated pursuant to 
 22.20  chapter 148; 
 22.21     (xxxvii) (xxxviii) securities brokers, dealers, agents, and 
 22.22  investment advisers regulated pursuant to chapter 80A; 
 22.23     (xxxviii) (xxxix) steamfitters regulated pursuant to 
 22.24  chapter 326; 
 22.25     (xxxix) (xl) teachers and supervisory and support personnel 
 22.26  regulated pursuant to chapter 125; 
 22.27     (xl) (xli) veterinarians regulated pursuant to chapter 156; 
 22.28     (xli) (xlii) water conditioning contractors and installers 
 22.29  regulated pursuant to chapter 326; 
 22.30     (xlii) (xliii) water well contractors regulated pursuant to 
 22.31  chapter 103I; 
 22.32     (xliii) (xliv) water and waste treatment operators 
 22.33  regulated pursuant to chapter 115; 
 22.34     (xliv) (xlv) motor carriers regulated pursuant to chapter 
 22.35  221; 
 22.36     (xlv) (xlvi) professional firms regulated under chapter 
 23.1   319B; 
 23.2      (xlvi) (xlvii) real estate appraisers regulated pursuant to 
 23.3   chapter 82B; 
 23.4      (xlvii) (xlviii) residential building contractors, 
 23.5   residential remodelers, residential roofers, manufactured home 
 23.6   installers, and specialty contractors regulated pursuant to 
 23.7   chapter 326; 
 23.8      (xlviii) (xlix) licensed professional counselors regulated 
 23.9   pursuant to chapter 148B; 
 23.10     (4) any driver's license required pursuant to chapter 171; 
 23.11     (5) any aircraft license required pursuant to chapter 360; 
 23.12     (6) any watercraft license required pursuant to chapter 
 23.13  86B; 
 23.14     (7) any license, permit, registration, certification, or 
 23.15  other approval pertaining to a regulatory or management program 
 23.16  related to the protection, conservation, or use of or 
 23.17  interference with the resources of land, air, or water, which is 
 23.18  required to be obtained from a state agency or instrumentality; 
 23.19  and 
 23.20     (8) any pollution control rule or standard established by 
 23.21  the Pollution Control Agency or any health rule or standard 
 23.22  established by the commissioner of health or any licensing rule 
 23.23  or standard established by the commissioner of human services. 
 23.24     Sec. 4.  Minnesota Statutes 2003 Supplement, section 
 23.25  147.09, is amended to read: 
 23.26     147.09 [EXEMPTIONS.] 
 23.27     Section 147.081 does not apply to, control, prevent or 
 23.28  restrict the practice, service, or activities of:  
 23.29     (1) A person who is a commissioned medical officer of, a 
 23.30  member of, or employed by, the armed forces of the United 
 23.31  States, the United States Public Health Service, the Veterans 
 23.32  Administration, any federal institution or any federal agency 
 23.33  while engaged in the performance of official duties within this 
 23.34  state, if the person is licensed elsewhere.  
 23.35     (2) A licensed physician from a state or country who is in 
 23.36  actual consultation here.  
 24.1      (3) A licensed or registered physician who treats the 
 24.2   physician's home state patients or other participating patients 
 24.3   while the physicians and those patients are participating 
 24.4   together in outdoor recreation in this state as defined by 
 24.5   section 86A.03, subdivision 3.  A physician shall first register 
 24.6   with the board on a form developed by the board for that 
 24.7   purpose.  The board shall not be required to promulgate the 
 24.8   contents of that form by rule.  No fee shall be charged for this 
 24.9   registration.  
 24.10     (4) A student practicing under the direct supervision of a 
 24.11  preceptor while the student is enrolled in and regularly 
 24.12  attending a recognized medical school.  
 24.13     (5) A student who is in continuing training and performing 
 24.14  the duties of an intern or resident or engaged in postgraduate 
 24.15  work considered by the board to be the equivalent of an 
 24.16  internship or residency in any hospital or institution approved 
 24.17  for training by the board, provided the student has a residency 
 24.18  permit issued by the board under section 147.0391. 
 24.19     (6) A person employed in a scientific, sanitary, or 
 24.20  teaching capacity by the state university, the Department of 
 24.21  Education, a public or private school, college, or other bona 
 24.22  fide educational institution, a nonprofit organization, which 
 24.23  has tax-exempt status in accordance with the Internal Revenue 
 24.24  Code, section 501(c)(3), and is organized and operated primarily 
 24.25  for the purpose of conducting scientific research directed 
 24.26  towards discovering the causes of and cures for human diseases, 
 24.27  or the state Department of Health, whose duties are entirely of 
 24.28  a research, public health, or educational character, while 
 24.29  engaged in such duties; provided that if the research includes 
 24.30  the study of humans, such research shall be conducted under the 
 24.31  supervision of one or more physicians licensed under this 
 24.32  chapter. 
 24.33     (7) Physician's assistants registered in this state.  
 24.34     (8) A doctor of osteopathy duly licensed by the state Board 
 24.35  of Osteopathy under Minnesota Statutes 1961, sections 148.11 to 
 24.36  148.16, prior to May 1, 1963, who has not been granted a license 
 25.1   to practice medicine in accordance with this chapter provided 
 25.2   that the doctor confines activities within the scope of the 
 25.3   license. 
 25.4      (9) Any person licensed by a health related licensing 
 25.5   board, as defined in section 214.01, subdivision 2, or 
 25.6   registered by the commissioner of health pursuant to section 
 25.7   214.13, including psychological practitioners with respect to 
 25.8   the use of hypnosis; provided that the person confines 
 25.9   activities within the scope of the license.  
 25.10     (10) A person who practices ritual circumcision pursuant to 
 25.11  the requirements or tenets of any established religion. 
 25.12     (11) A Christian Scientist or other person who endeavors to 
 25.13  prevent or cure disease or suffering exclusively by mental or 
 25.14  spiritual means or by prayer. 
 25.15     (12) A physician licensed to practice medicine in another 
 25.16  state who is in this state for the sole purpose of providing 
 25.17  medical services at a competitive athletic event.  The physician 
 25.18  may practice medicine only on participants in the athletic 
 25.19  event.  A physician shall first register with the board on a 
 25.20  form developed by the board for that purpose.  The board shall 
 25.21  not be required to adopt the contents of the form by rule.  The 
 25.22  physician shall provide evidence satisfactory to the board of a 
 25.23  current unrestricted license in another state.  The board shall 
 25.24  charge a fee of $50 for the registration.  
 25.25     (13) A psychologist licensed under section 148.907 or a 
 25.26  social worker licensed under section 148B.21 who uses or 
 25.27  supervises the use of a penile or vaginal plethysmograph in 
 25.28  assessing and treating individuals suspected of engaging in 
 25.29  aberrant sexual behavior and sex offenders. 
 25.30     (14) Any person issued a training course certificate or 
 25.31  credentialed by the Emergency Medical Services Regulatory Board 
 25.32  established in chapter 144E, provided the person confines 
 25.33  activities within the scope of training at the certified or 
 25.34  credentialed level. 
 25.35     (15) An unlicensed complementary and alternative health 
 25.36  care practitioner practicing according to chapter 146A. 
 26.1      (16) An exercise physiologist practicing under chapter 147E.
 26.2      Sec. 5.  Minnesota Statutes 2002, section 214.18, 
 26.3   subdivision 5, is amended to read: 
 26.4      Subd. 5.  [REGULATED PERSON.] "Regulated person" means a 
 26.5   licensed dental hygienist, dentist, physician, nurse who is 
 26.6   currently registered as a registered nurse or licensed practical 
 26.7   nurse, podiatrist, a registered dental assistant, a physician's 
 26.8   assistant, an exercise physiologist, and for purposes of 
 26.9   sections 214.19, subdivisions 4 and 5; 214.20, paragraph (a); 
 26.10  and 214.24, a chiropractor.  
 26.11     Sec. 6.  Minnesota Statutes 2002, section 319B.02, 
 26.12  subdivision 19, is amended to read: 
 26.13     Subd. 19.  [PROFESSIONAL SERVICES.] "Professional services" 
 26.14  means services of the type required or permitted to be furnished 
 26.15  by a professional under a license, registration, or certificate 
 26.16  issued by the state of Minnesota to practice medicine and 
 26.17  surgery under sections 147.01 to 147.22, as a physician 
 26.18  assistant pursuant to sections 147A.01 to 147A.27, as an 
 26.19  exercise physiologist under chapter 147E, chiropractic under 
 26.20  sections 148.01 to 148.105, registered nursing under sections 
 26.21  148.171 to 148.285, optometry under sections 148.52 to 148.62, 
 26.22  psychology under sections 148.88 to 148.98, social work under 
 26.23  sections 148B.18 to 148B.289, dentistry and dental hygiene under 
 26.24  sections 150A.01 to 150A.12, pharmacy under sections 151.01 to 
 26.25  151.40, podiatric medicine under sections 153.01 to 153.25, 
 26.26  veterinary medicine under sections 156.001 to 156.14, 
 26.27  architecture, engineering, surveying, landscape architecture, 
 26.28  geoscience, and certified interior design under sections 326.02 
 26.29  to 326.15, accountancy under chapter 326A, or law under sections 
 26.30  481.01 to 481.17, or under a license or certificate issued by 
 26.31  another state under similar laws.  Professional services 
 26.32  includes services of the type required to be furnished by a 
 26.33  professional pursuant to a license or other authority to 
 26.34  practice law under the laws of a foreign nation. 
 26.35     Sec. 7.  Minnesota Statutes 2002, section 319B.40, is 
 26.36  amended to read: 
 27.1      319B.40 [PROFESSIONAL HEALTH SERVICES.] 
 27.2      (a) Individuals who furnish professional services pursuant 
 27.3   to a license, registration, or certificate issued by the state 
 27.4   of Minnesota to practice medicine pursuant to sections 147.01 to 
 27.5   147.22, as a physician assistant pursuant to sections 147A.01 to 
 27.6   147A.27, as an exercise physiologist pursuant to chapter 147E, 
 27.7   chiropractic pursuant to sections 148.01 to 148.106, registered 
 27.8   nursing pursuant to sections 148.171 to 148.285, optometry 
 27.9   pursuant to sections 148.52 to 148.62, psychology pursuant to 
 27.10  sections 148.88 to 148.98, social work pursuant to sections 
 27.11  148B.18 to 148B.289, dentistry pursuant to sections 150A.01 to 
 27.12  150A.12, pharmacy pursuant to sections 151.01 to 151.40, or 
 27.13  podiatric medicine pursuant to sections 153.01 to 153.26 are 
 27.14  specifically authorized to practice any of these categories of 
 27.15  services in combination if the individuals are organized under 
 27.16  this chapter. 
 27.17     (b) This authorization does not authorize an individual to 
 27.18  practice any profession, or furnish a professional service, for 
 27.19  which the individual is not licensed, registered, or certified, 
 27.20  but otherwise applies regardless of any contrary provision of a 
 27.21  licensing statute or rules adopted pursuant to that statute, 
 27.22  related to practicing and organizing in combination with other 
 27.23  health services professionals.