1st Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to health; modifying requirements for various 1.3 public health occupations; prescribing authority of 1.4 speech-language pathology assistants; modifying 1.5 requirements for physician assistants, acupuncture 1.6 practitioners, licensed professional counselors, 1.7 alcohol and drug counselors, dentists, dental 1.8 hygienists, dental assistants, and podiatrists; 1.9 modifying provisions for designating essential 1.10 community providers; modifying certain immunization 1.11 provisions; amending Minnesota Statutes 2002, sections 1.12 147A.02; 147A.20; 147B.01, by adding a subdivision; 1.13 147B.06, subdivision 4; 148.211, subdivision 1; 1.14 148.284; 148.512, subdivisions 9, 19, by adding a 1.15 subdivision; 148.6402, by adding a subdivision; 1.16 148.6403, subdivision 5; 148.6405; 148.6428; 148.6443, 1.17 subdivisions 1, 5; 150A.06, as amended; 150A.08, 1.18 subdivision 1; 150A.09, subdivision 4; 153.01, 1.19 subdivision 2; 153.16, subdivisions 1, 2; 153.19, 1.20 subdivision 1; 153.24, subdivision 4; 153.25, 1.21 subdivision 1; Minnesota Statutes 2003 Supplement, 1.22 sections 62Q.19, subdivision 2; 121A.15, subdivisions 1.23 3a, 12; 147A.09, subdivision 2; 148.212, subdivision 1.24 1; 148.511; 148.512, subdivisions 12, 13; 148.513, 1.25 subdivisions 1, 2; 148.5161, subdivisions 1, 4, 6; 1.26 148.5175; 148.518; 148.5193, subdivisions 1, 6a; 1.27 148.5195, subdivision 3; 148.5196, subdivision 3; 1.28 148B.52; 148B.53, subdivisions 1, 3; 148B.54; 148B.55; 1.29 148B.59; 148C.04, subdivision 6; 148C.075, subdivision 1.30 2, by adding a subdivision; 148C.11, subdivision 6, by 1.31 adding a subdivision; 148C.12, subdivisions 2, 3; 1.32 proposing coding for new law in Minnesota Statutes, 1.33 chapters 148; 148B; repealing Minnesota Statutes 2002, 1.34 section 147B.02, subdivision 5; Minnesota Rules, parts 1.35 6900.0020, subparts 3, 3a, 9, 10; 6900.0400. 1.36 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.37 ARTICLE 1 1.38 DEPARTMENT OF HEALTH LICENSING 1.39 Section 1. Minnesota Statutes 2003 Supplement, section 1.40 148.511, is amended to read: 2.1 148.511 [SCOPE.] 2.2 Sections 148.511 to 148.5196 apply to persons who are 2.3 applicants for licensure, who use protected titles, who 2.4 represent that they are licensed, or who engage in the practice 2.5 of speech-language pathology or audiology. Sections 148.511 to 2.6 148.5196 do not apply to school personnel licensed by the Board 2.7 of Teaching and practicing within the scope of their school 2.8 license under Minnesota Rules, part 8710.6000, or the 2.9 paraprofessionals who assist these individuals. 2.10 Sec. 2. Minnesota Statutes 2002, section 148.512, 2.11 subdivision 9, is amended to read: 2.12 Subd. 9. [CONTINUING EDUCATION.] "Continuing education" is 2.13 a planned learning experience in speech-language pathology or 2.14 audiology not including the basic educational program leading to 2.15 a degree if the education is used by the
registrantlicensee for 2.16 credit to achieve a baccalaureate or master's degree in 2.17 speech-language pathology or audiology. 2.18 Sec. 3. Minnesota Statutes 2003 Supplement, section 2.19 148.512, subdivision 12, is amended to read: 2.20 Subd. 12. [PRACTICE OF AUDIOLOGY.] The "practice of 2.21 audiology" means: 2.22 (1) identification, assessment, and interpretation, 2.23 diagnosis, rehabilitation, and prevention of hearing disorders; 2.24 (2) conservation of the auditory system function; 2.25 development and implementation of hearing conservation programs; 2.26 (3) measurement, assessment, and interpretation of auditory 2.27 and vestibular function; 2.28 (4) selecting, fitting, and dispensing of assistive 2.29 listening devices, alerting and amplification devices, and 2.30 systems for personal and public use, including hearing aids and 2.31 devices, and providing training in their use; 2.32 (5) aural habilitation and rehabilitation and related 2.33 counseling for hearing impaired individuals and their families; 2.34 (6) screening of speech, language, voice, or fluency for 2.35 the purposes of audiologic evaluation or identification of 2.36 possible communication disorders; or 3.1 (7) teaching of, consultation or research about, or3.2 supervision of the functions in clauses (1) to (6). 3.3 The practice of audiology does not include the practice of 3.4 medicine and surgery, or osteopathic medicine and surgery, or 3.5 medical diagnosis that is commonly performed by a physician. 3.6 Sec. 4. Minnesota Statutes 2003 Supplement, section 3.7 148.512, subdivision 13, is amended to read: 3.8 Subd. 13. [PRACTICE OF SPEECH-LANGUAGE PATHOLOGY.] The 3.9 "practice of speech-language pathology" means: 3.10 (1) identification, assessment, and interpretation, 3.11 diagnosis, habilitation, rehabilitation, treatment and 3.12 prevention of disorders of speech, articulation, fluency, voice, 3.13 and language; 3.14 (2) identification, assessment, and interpretation, 3.15 diagnosis, habilitation, and rehabilitation of disorders of 3.16 oral-pharyngeal function and related disorders; 3.17 (3) identification, assessment, and interpretation, 3.18 diagnosis, habilitation, and rehabilitation of communication 3.19 disorders associated with cognition; 3.20 (4) assessing, selecting, and developing augmentative and 3.21 alternative communication systems and providing training in 3.22 their use; 3.23 (5) aural habilitation and rehabilitation and related 3.24 counseling for hearing impaired individuals and their families; 3.25 (6) enhancing speech-language proficiency and communication 3.26 effectiveness; 3.27 (7) audiometric screening for the purposes of 3.28 speech-language evaluation or for the identification of possible 3.29 hearing disorders; or 3.30 (8) teaching of, consultation or research about, or3.31 supervision of the functions in clauses (1) to (7). 3.32 The practice of speech-language pathology does not include 3.33 the practice of medicine and surgery, or osteopathic medicine 3.34 and surgery, or medical diagnosis that is commonly performed by 3.35 a physician. 3.36 Sec. 5. Minnesota Statutes 2002, section 148.512, is 4.1 amended by adding a subdivision to read: 4.2 Subd. 17a. [SPEECH-LANGUAGE PATHOLOGY 4.3 ASSISTANT.] "Speech-language pathology assistant" means a person 4.4 who provides speech-language pathology services under the 4.5 supervision of a licensed speech-language pathologist in 4.6 accordance with section 148.5192. 4.7 Sec. 6. Minnesota Statutes 2002, section 148.512, 4.8 subdivision 19, is amended to read: 4.9 Subd. 19. [SUPERVISION.] "Supervision" means the direct or 4.10 indirect evaluation or direction of: 4.11 (1) a practitioner of speech-language pathology or 4.12 audiology; 4.13 (2) a person performing a function of supervised clinical 4.14 training as a student of speech-language pathology or audiology; 4.15 or4.16 (3) a person performing a function of supervised 4.17 postgraduate clinical experience in speech-language pathology or 4.18 audiology; or 4.19 (4) a speech-language pathology assistant in accordance 4.20 with section 148.5192. 4.21 Sec. 7. Minnesota Statutes 2003 Supplement, section 4.22 148.513, subdivision 1, is amended to read: 4.23 Subdivision 1. [UNLICENSED PRACTICE PROHIBITED.] A person 4.24 must not engage in the practice of speech-language pathology or 4.25 audiology unless the person is licensed as a speech-language 4.26 pathologist or an audiologist under sections 148.511 to 148.5196 4.27 or is practicing as a speech-language pathology assistant in 4.28 accordance with section 148.5192. For purposes of this 4.29 subdivision, a speech-language pathology assistant's duties are 4.30 limited to the duties described in accordance with section 4.31 148.5192, subdivision 2. 4.32 Sec. 8. Minnesota Statutes 2003 Supplement, section 4.33 148.513, subdivision 2, is amended to read: 4.34 Subd. 2. [PROTECTED TITLES AND RESTRICTIONS ON USE.] (a) 4.35 Notwithstanding paragraph (b), the use of the following terms or 4.36 initials which represent the following terms, alone or in 5.1 combination with any word or words, by any person to form an 5.2 occupational title is prohibited unless that person is licensed 5.3 under sections 148.511 to 148.5196: 5.4 (1) speech-language; 5.5 (2) speech-language pathologist, S, SP, or SLP; 5.6 (3) speech pathologist; 5.7 (4) language pathologist; 5.8 (5) audiologist, A, or AUD; 5.9 (6) speech therapist; 5.10 (7) speech clinician; 5.11 (8) speech correctionist; 5.12 (9) language therapist; 5.13 (10) voice therapist; 5.14 (11) voice pathologist; 5.15 (12) logopedist; 5.16 (13) communicologist; 5.17 (14) aphasiologist; 5.18 (15) phoniatrist; 5.19 (16) audiometrist; 5.20 (17) audioprosthologist; 5.21 (18) hearing therapist; 5.22 (19) hearing clinician; or 5.23 (20) hearing aid audiologist. 5.24 Use of the term "Minnesota licensed" in conjunction with 5.25 the titles protected under this sectionparagraph by any person 5.26 is prohibited unless that person is licensed under sections 5.27 148.511 to 148.5196. 5.28 (b) A speech-language pathology assistant practicing under 5.29 section 148.5192 must not represent, indicate, or imply to the 5.30 public that the assistant is a licensed speech-language 5.31 pathologist and shall only utilize one of the following titles: 5.32 "speech-language pathology assistant," "SLP assistant," or "SLP 5.33 asst." 5.34 Sec. 9. Minnesota Statutes 2003 Supplement, section 5.35 148.5161, subdivision 1, is amended to read: 5.36 Subdivision 1. [APPLICATION.] Clinical fellowship and 6.1 doctoral externship candidates must be licensed with a clinical 6.2 fellowship or doctoral externship license. The commissioner 6.3 shall issue clinical fellowship licensure or doctoral externship 6.4 licensure as a speech-language pathologist or audiologist to an 6.5 applicant who has applied for licensure under section 148.515, 6.6 who is not the subject of a disciplinary action or past 6.7 disciplinary action, and who has not violated a provision of 6.8 section 148.5195, subdivision 3. 6.9 Sec. 10. Minnesota Statutes 2003 Supplement, section 6.10 148.5161, subdivision 4, is amended to read: 6.11 Subd. 4. [DOCTORAL EXTERNSHIP LICENSURE.] Doctoral 6.12 candidates in audiology completing their final externship as 6.13 part of their training program are eligible to receive a 6.14 provisionaldoctoral externship license in audiology and are not 6.15 required to complete the postgraduate clinical fellowship year. 6.16 Sec. 11. Minnesota Statutes 2003 Supplement, section 6.17 148.5161, subdivision 6, is amended to read: 6.18 Subd. 6. [TITLE USED.] A licensee with a clinical 6.19 fellowship or doctoral externship shall be identified by one of 6.20 the protected titles and a designation indicating clinical 6.21 fellowship status or doctoral externship status. 6.22 Sec. 12. Minnesota Statutes 2003 Supplement, section 6.23 148.5175, is amended to read: 6.24 148.5175 [TEMPORARY LICENSURE.] 6.25 (a) The commissioner shall issue temporary licensure as a 6.26 speech-language pathologist, an audiologist, or both, to an 6.27 applicant who has applied for licensure under section 148.515, 6.28 148.516, 148.517, or 148.518 , subdivisions 1 and 2,and who: 6.29 (1) submits a signed and dated affidavit stating that the 6.30 applicant is not the subject of a disciplinary action or past 6.31 disciplinary action in this or another jurisdiction and is not 6.32 disqualified on the basis of section 148.5195, subdivision 3; 6.33 and 6.34 (2) either: 6.35 (i) provides a copy of a current credential as a 6.36 speech-language pathologist, an audiologist, or both, held in 7.1 the District of Columbia or a state or territory of the United 7.2 States; or 7.3 (ii) provides a copy of a current certificate of clinical 7.4 competence issued by the American Speech-Language-Hearing 7.5 Association or board certification in audiology by the American 7.6 Board of Audiology. 7.7 (b) A temporary license issued to a person under this 7.8 subdivision expires 90 days after it is issued or on the date 7.9 the commissioner grants or denies licensure, whichever occurs 7.10 first. 7.11 (c) Upon application, a temporary license shall be renewed 7.12 once to a person who is able to demonstrate good cause for 7.13 failure to meet the requirements for licensure within the 7.14 initial temporary licensure period and who is not the subject of 7.15 a disciplinary action or disqualified on the basis of section 7.16 148.5195, subdivision 3. 7.17 Sec. 13. Minnesota Statutes 2003 Supplement, section 7.18 148.518, is amended to read: 7.19 148.518 [LICENSURE FOLLOWING LAPSE OF LICENSURE STATUS.] 7.20 For an applicant whose licensure status has lapsed, the 7.21 applicant must: 7.22 (1) apply for licensure renewal according to section 7.23 148.5191 and document compliance with the continuing education 7.24 requirements of section 148.5193 since the applicant's license 7.25 lapsed; 7.26 (2) fulfill the requirements of section 148.517; or7.27 (3) apply for renewal according to section 148.5191, 7.28 provide evidence to the commissioner that the applicant holds a 7.29 current and unrestricted credential for the practice of 7.30 speech-language pathology from the Minnesota Board of Teaching 7.31 or for the practice of speech-language pathology or audiology in 7.32 another jurisdiction that has requirements equivalent to or 7.33 higher than those in effect for Minnesota, and provide evidence 7.34 of compliance with Minnesota Board of Teaching or that 7.35 jurisdiction's continuing education requirements; or 7.36 (4) apply for renewal according to section 148.5191 and 8.1 submit verified documentation of successful completion of 160 8.2 hours of supervised practice approved by the commissioner. To 8.3 participate in a supervised practice, the applicant shall first 8.4 apply and obtain temporary licensing according to section 8.5 148.5161. 8.6 Sec. 14. [148.5192] [SPEECH-LANGUAGE PATHOLOGY 8.7 ASSISTANTS.] 8.8 Subdivision 1. [DELEGATION REQUIREMENTS.] A licensed 8.9 speech-language pathologist may delegate duties to a 8.10 speech-language pathology assistant in accordance with this 8.11 section. Duties may only be delegated to an individual who has 8.12 documented with a transcript from the educational institution 8.13 satisfactory completion of either: 8.14 (1) an associate degree from a speech-language pathology 8.15 assistant program that is accredited by the Higher Learning 8.16 Commission of the North Central Association of Colleges or its 8.17 equivalent as approved by the commissioner; or 8.18 (2) a bachelor's degree in the discipline of communication 8.19 sciences or disorders with additional transcript credit in the 8.20 area of instruction in assistant-level service delivery 8.21 practices and completion of at least 100 hours of supervised 8.22 field work experience as a speech-language pathology assistant 8.23 student. 8.24 Subd. 2. [DELEGATED DUTIES; PROHIBITIONS.] (a) A 8.25 speech-language pathology assistant may perform only those 8.26 duties delegated by a licensed speech-language pathologist and 8.27 must be limited to duties within the training and experience of 8.28 the speech-language pathology assistant. 8.29 (b) Duties may include the following as delegated by the 8.30 supervising speech-language pathologist: 8.31 (1) assist with speech language and hearing screenings; 8.32 (2) implement documented treatment plans or protocols 8.33 developed by the supervising speech-language pathologist; 8.34 (3) document client performance; 8.35 (4) assist with assessments of clients; 8.36 (5) assist with preparing materials and scheduling 9.1 activities as directed; 9.2 (6) perform checks and maintenance of equipment; 9.3 (7) support the supervising speech-language pathologist in 9.4 research projects, in-service training, and public relations 9.5 programs; and 9.6 (8) collect data for quality improvement. 9.7 (c) A speech-language pathology assistant may not: 9.8 (1) perform standardized or nonstandardized diagnostic 9.9 tests, perform formal or informal evaluations, or interpret test 9.10 results; 9.11 (2) screen or diagnose clients for feeding or swallowing 9.12 disorders, including using a checklist or tabulating results of 9.13 feeding or swallowing evaluations, or demonstrate swallowing 9.14 strategies or precautions to clients or the clients' family; 9.15 (3) participate in parent conferences, case conferences, or 9.16 any interdisciplinary team without the presence of the 9.17 supervising speech-language pathologist or other licensed 9.18 speech-language pathologist as authorized by the supervising 9.19 speech-language pathologist; 9.20 (4) provide client or family counseling or consult with the 9.21 client or the family regarding the client status or service; 9.22 (5) write, develop, or modify a client's individualized 9.23 treatment plan or individualized education program; 9.24 (6) select clients for service; 9.25 (7) discharge clients from service; 9.26 (8) disclose clinical or confidential information either 9.27 orally or in writing to anyone other than the supervising 9.28 speech-language pathologist; or 9.29 (9) make referrals for additional services. 9.30 (d) A certified speech-language pathology assistant must 9.31 not sign any formal documents, including treatment plans, 9.32 education plans, reimbursement forms, or reports. The 9.33 speech-language pathology assistant must sign or initial all 9.34 treatment notes written by the assistant. 9.35 Subd. 3. [SUPERVISION REQUIREMENTS.] (a) A supervising 9.36 speech-language pathologist shall authorize and accept full 10.1 responsibility for the performance, practice, and activity of a 10.2 speech-language pathology assistant. 10.3 (b) A supervising speech-language pathologist must: 10.4 (1) be licensed under sections 148.511 to 148.5196; 10.5 (2) hold a certificate of clinical competence from the 10.6 American Speech-Language-Hearing Association or its equivalent 10.7 as approved by the commissioner; and 10.8 (3) have completed at least one continuing education unit 10.9 in supervision. 10.10 (c) The supervision of a speech-language pathology 10.11 assistant shall be maintained on the following schedule: 10.12 (1) for the first 90 work days, within a 40-hour work week, 10.13 30 percent of the work performed by the speech-language 10.14 pathology assistant must be supervised and at least 20 percent 10.15 of this supervision must be direct supervision; and 10.16 (2) for the work period after the initial 90-day period, 10.17 within a 40-hour work week, 20 percent of the work must be 10.18 supervised and at least ten percent of this supervision must be 10.19 direct supervision. 10.20 (d) For purposes of this section, "direct supervision" 10.21 means on-site, in-view observation and guidance by the 10.22 supervising speech-language pathologist during the performance 10.23 of a delegated duty. The supervision requirements described in 10.24 this section are minimum requirements. Additional supervision 10.25 requirements may be imposed at the discretion of the supervising 10.26 speech-language pathologist. 10.27 (e) A supervising speech-language pathologist must be 10.28 available to communicate with a speech-language pathology 10.29 assistant at any time the assistant is in direct contact with a 10.30 client. 10.31 (f) A supervising speech-language pathologist must document 10.32 activities performed by the assistant that are directly 10.33 supervised by the supervising speech-language pathologist. At a 10.34 minimum, the documentation must include: 10.35 (1) information regarding the quality of the 10.36 speech-language pathology assistant's performance of the 11.1 delegated duties; and 11.2 (2) verification that any delegated clinical activity was 11.3 limited to duties authorized to be performed by the 11.4 speech-language pathology assistant under this section. 11.5 (g) A supervising speech-language pathologist must review 11.6 and cosign all informal treatment notes signed or initialed by 11.7 the speech-language pathology assistant. 11.8 (h) A full-time speech-language pathologist may supervise 11.9 no more than one full-time speech-language pathology assistant 11.10 or the equivalent of one full-time assistant. 11.11 Subd. 4. [NOTIFICATION.] Any agency that intends to 11.12 utilize the services of a speech-language pathology assistant 11.13 must provide written notification to the client or, if the 11.14 client is younger than 18 years old, to the client's parent or 11.15 guardian before a speech-language pathology assistant may 11.16 perform any of the duties described in this section. 11.17 Sec. 15. Minnesota Statutes 2003 Supplement, section 11.18 148.5193, subdivision 1, is amended to read: 11.19 Subdivision 1. [NUMBER OF CONTACT HOURS REQUIRED.] (a) An 11.20 applicant for licensure renewal must meet the requirements for 11.21 continuing education stipulated by the American 11.22 Speech-Language-Hearing Association or the American Board of 11.23 Audiology, or satisfy the requirements described in paragraphs 11.24 (b) to (e). 11.25 (b) Within one month following expiration of a license, an 11.26 applicant for licensure renewal as either a speech-language 11.27 pathologist or an audiologist must provide evidence to the 11.28 commissioner of a minimum of 30 contact hours of continuing 11.29 education offered by a continuing education sponsorobtained 11.30 within the two years immediately preceding licensure renewal11.31 expiration. A minimum of 20 contact hours of continuing 11.32 education must be directly related to the licensee's area of 11.33 licensure. Ten contact hours of continuing education may be in 11.34 areas generally related to the licensee's area of licensure. 11.35 Licensees who are issued licenses for a period of less than two 11.36 years shall prorate the number of contact hours required for 12.1 licensure renewal based on the number of months licensed during 12.2 the biennial licensure period. Licensees shall receive contact 12.3 hours for continuing education activities only for the biennial 12.4 licensure period in which the continuing education activity was 12.5 performed. 12.6 (c) An applicant for licensure renewal as both a 12.7 speech-language pathologist and an audiologist must attest to 12.8 and document completion of a minimum of 36 contact hours of 12.9 continuing education offered by a continuing education sponsor 12.10 within the two years immediately preceding licensure renewal. A 12.11 minimum of 15 contact hours must be received in the area of 12.12 speech-language pathology and a minimum of 15 contact hours must 12.13 be received in the area of audiology. Six contact hours of 12.14 continuing education may be in areas generally related to the 12.15 licensee's areas of licensure. Licensees who are issued 12.16 licenses for a period of less than two years shall prorate the 12.17 number of contact hours required for licensure renewal based on 12.18 the number of months licensed during the biennial licensure 12.19 period. Licensees shall receive contact hours for continuing 12.20 education activities only for the biennial licensure period in 12.21 which the continuing education activity was performed. 12.22 (d) If the licensee is licensed by the Board of Teaching: 12.23 (1) activities that are approved in the categories of 12.24 Minnesota Rules, part 8700.1000, subpart 3, items A and B, and 12.25 that relate to speech-language pathology, shall be considered: 12.26 (i) offered by a sponsor of continuing education; and 12.27 (ii) directly related to speech-language pathology; 12.28 (2) activities that are approved in the categories of 12.29 Minnesota Rules, part 8700.1000, subpart 3, shall be considered: 12.30 (i) offered by a sponsor of continuing education; and 12.31 (ii) generally related to speech-language pathology; and 12.32 (3) one clock hour as defined in Minnesota Rules, part 12.33 8700.1000, subpart 1, is equivalent to 1.0 contact hours of 12.34 continuing education. 12.35 (e) Contact hours cannotmay not be accumulated in advance 12.36 and transferred to a future continuing education period. 13.1 Sec. 16. Minnesota Statutes 2003 Supplement, section 13.2 148.5193, subdivision 6a, is amended to read: 13.3 Subd. 6a. [VERIFICATION OF ATTENDANCE.] An applicant for 13.4 licensure renewal must submit verification of attendance as 13.5 follows: 13.6 (1) a certificate of attendance from the sponsor with the 13.7 continuing education course name, course date, and licensee's 13.8 name. If a certificate of attendance is not available, the 13.9 commissioner may accept other evidence of attendance such as a 13.10 confirmation or statement of registration for regional or 13.11 national annual conferences or conventions of professional 13.12 associations, a copy of the continuing education courses 13.13 indicating those attended, and an affidavit of attendance; 13.14 (2) a copy of a record of attendance from the sponsor of 13.15 the continuing education course; 13.16 (3) a signature of the presenter or a designee at the 13.17 continuing education activity on the continuing education report 13.18 form; 13.19 (4) a summary or outline of the educational content of an 13.20 audio or video educational activity if a designee is not 13.21 available to sign the continuing education report form; 13.22 (5) for self-study programs, a certificate of completion or 13.23 other documentation indicating that the individual has 13.24 demonstrated knowledge and has successfully completed the 13.25 program; or 13.26 (6) for attendance at a university, college, or vocational 13.27 course, an official transcript. 13.28 Sec. 17. Minnesota Statutes 2003 Supplement, section 13.29 148.5195, subdivision 3, is amended to read: 13.30 Subd. 3. [GROUNDS FOR DISCIPLINARY ACTION BY 13.31 COMMISSIONER.] The commissioner may take any of the disciplinary 13.32 actions listed in subdivision 4 on proof that the individual has: 13.33 (1) intentionally submitted false or misleading information 13.34 to the commissioner or the advisory council; 13.35 (2) failed, within 30 days, to provide information in 13.36 response to a written request, via certified mail, by the 14.1 commissioner or advisory council; 14.2 (3) performed services of a speech-language pathologist or 14.3 audiologist in an incompetent or negligent manner; 14.4 (4) violated sections 148.511 to 148.5196; 14.5 (5) failed to perform services with reasonable judgment, 14.6 skill, or safety due to the use of alcohol or drugs, or other 14.7 physical or mental impairment; 14.8 (6) violated any state or federal law, rule, or regulation, 14.9 and the violation is a felony or misdemeanor, an essential 14.10 element of which is dishonesty, or which relates directly or 14.11 indirectly to the practice of speech-language pathology or 14.12 audiology. Conviction for violating any state or federal law 14.13 which relates to speech-language pathology or audiology is 14.14 necessarily considered to constitute a violation, except as 14.15 provided in chapter 364; 14.16 (7) aided or abetted another person in violating any 14.17 provision of sections 148.511 to 148.5196; 14.18 (8) been or is being disciplined by another jurisdiction, 14.19 if any of the grounds for the discipline is the same or 14.20 substantially equivalent to those under sections 148.511 to 14.21 148.5196; 14.22 (9) not cooperated with the commissioner or advisory 14.23 council in an investigation conducted according to subdivision 14.24 1; 14.25 (10) advertised in a manner that is false or misleading; 14.26 (11) engaged in conduct likely to deceive, defraud, or harm 14.27 the public; or demonstrated a willful or careless disregard for 14.28 the health, welfare, or safety of a client; 14.29 (12) failed to disclose to the consumer any fee splitting 14.30 or any promise to pay a portion of a fee to any other 14.31 professional other than a fee for services rendered by the other 14.32 professional to the client; 14.33 (13) engaged in abusive or fraudulent billing practices, 14.34 including violations of federal Medicare and Medicaid laws, Food 14.35 and Drug Administration regulations, or state medical assistance 14.36 laws; 15.1 (14) obtained money, property, or services from a consumer 15.2 through the use of undue influence, high pressure sales tactics, 15.3 harassment, duress, deception, or fraud; 15.4 (15) performed services for a client who had no possibility 15.5 of benefiting from the services; 15.6 (16) failed to refer a client for medical evaluation or to 15.7 other health care professionals when appropriate or when a 15.8 client indicated symptoms associated with diseases that could be 15.9 medically or surgically treated; 15.10 (17) if the individual is a dispenser of hearing 15.11 instruments as defined by section 153A.13, subdivision 5, had 15.12 the certification required by chapter 153A, denied, suspended, 15.13 or revoked according to chapter 153A; or15.14 (18) used the term doctor of audiology, doctor of 15.15 speech-language pathology, AuD, or SLPD without having obtained 15.16 the degree from an institution accredited by the North Central 15.17 Association of Colleges and Secondary Schools, the Council on 15.18 Academic Accreditation in Audiology and Speech-Language 15.19 Pathology, the United States Department of Education, or an 15.20 equivalent; or 15.21 (19) failed to comply with the requirements of section 15.22 148.5192 regarding supervision of speech-language pathology 15.23 assistants. 15.24 Sec. 18. Minnesota Statutes 2003 Supplement, section 15.25 148.5196, subdivision 3, is amended to read: 15.26 Subd. 3. [DUTIES.] The advisory council shall: 15.27 (1) advise the commissioner regarding speech-language 15.28 pathologist and audiologist licensure standards; 15.29 (2) advise the commissioner regarding the delegation of 15.30 duties to and the training required for speech-language 15.31 pathology assistants; 15.32 (3) advise the commissioner on enforcement of sections 15.33 148.511 to 148.5196; 15.34 (3)(4) provide for distribution of information regarding 15.35 speech-language pathologist and audiologist licensure standards; 15.36 (4)(5) review applications and make recommendations to the 16.1 commissioner on granting or denying licensure or licensure 16.2 renewal; 16.3 (5)(6) review reports of investigations relating to 16.4 individuals and make recommendations to the commissioner as to 16.5 whether licensure should be denied or disciplinary action taken 16.6 against the individual; 16.7 (6)(7) advise the commissioner regarding approval of 16.8 continuing education activities provided by sponsors using the 16.9 criteria in section 148.5193, subdivision 2; and 16.10 (7)(8) perform other duties authorized for advisory 16.11 councils under chapter 214, or as directed by the commissioner. 16.12 Sec. 19. Minnesota Statutes 2002, section 148.6402, is 16.13 amended by adding a subdivision to read: 16.14 Subd. 22a. [LIMITED LICENSE.] "Limited license" means a 16.15 license issued according to section 148.6425, subdivision 3, 16.16 paragraph (c), to persons who have allowed their license to 16.17 lapse for four years or more and who choose a supervised 16.18 practice as the method for renewing their license status. 16.19 Sec. 20. Minnesota Statutes 2002, section 148.6403, 16.20 subdivision 5, is amended to read: 16.21 Subd. 5. [EXEMPT PERSONS.] This section does not apply to: 16.22 (1) a person employed as an occupational therapist or 16.23 occupational therapy assistant by the government of the United 16.24 States or any agency of it. However, use of the protected 16.25 titles under those circumstances is allowed only in connection 16.26 with performance of official duties for the federal government; 16.27 (2) a student participating in supervised fieldwork or 16.28 supervised coursework that is necessary to meet the requirements 16.29 of section 148.6408, subdivision 1, or 148.6410, subdivision 1, 16.30 if the person is designated by a title which clearly indicates 16.31 the person's status as a student trainee. Any use of the 16.32 protected titles under these circumstances is allowed only while 16.33 the person is performing the duties of the supervised fieldwork 16.34 or supervised coursework; or 16.35 (3) a person visiting and then leaving the state and 16.36 performing occupational therapy services while in the state, if 17.1 the services are performed no more than 30 days in a calendar 17.2 year as part of a professional activity that is limited in scope 17.3 and duration and is in association with an occupational 17.4 therapist licensed under sections 148.6401 to 148.6450, and 17.5 (i) the person is credentialed under the law of another 17.6 state which has credentialing requirements at least as stringent 17.7 as the requirements of sections 148.6401 to 148.6450; or 17.8 (ii) the person meets the requirements for certification as 17.9 an occupational therapist registered (OTR) or a certified 17.10 occupational therapy assistant (COTA), established by the 17.11 National Board for Certification in Occupational Therapy. 17.12 Sec. 21. Minnesota Statutes 2002, section 148.6405, is 17.13 amended to read: 17.14 148.6405 [LICENSURE APPLICATION REQUIREMENTS ;: PROCEDURES 17.15 AND QUALIFICATIONS.] 17.16 (a) An applicant for licensure must comply with the general17.17 licensure proceduresapplication requirements in section 17.18 148.6420. To qualify for licensure, an applicant must satisfy 17.19 one of the requirements in paragraphs (b) to (f) and not be 17.20 subject to denial of licensure under section 148.6448. 17.21 (b) A person who applies for licensure as an occupational 17.22 therapist and who has not been credentialed by the National 17.23 Board for Certification in Occupational Therapy or another 17.24 jurisdiction must meet the requirements in section 148.6408. 17.25 (c) A person who applies for licensure as an occupational 17.26 therapy assistant and who has not been credentialed by the 17.27 National Board for Certification in Occupational Therapy or 17.28 another jurisdiction must meet the requirements in section 17.29 148.6410. 17.30 (d) A person who is certified by the National Board for 17.31 Certification in Occupational Therapy may apply for licensure by 17.32 equivalency and must meet the requirements in section 148.6412. 17.33 (e) A person who is credentialed in another jurisdiction 17.34 may apply for licensure by reciprocity and must meet the 17.35 requirements in section 148.6415. 17.36 (f) A person who applies for temporary licensure must meet 18.1 the requirements in section 148.6418. 18.2 Sec. 22. Minnesota Statutes 2002, section 148.6428, is 18.3 amended to read: 18.4 148.6428 [CHANGE OF ADDRESS OR EMPLOYMENT.] 18.5 A licensee who changes addresses or employment must inform 18.6 the commissioner, in writing, of the change of address, 18.7 employment, business address, or business telephone number 18.8 within 30 days. All notices or other correspondence mailed to 18.9 or served on a licensee by the commissioner at the licensee's 18.10 address on file with the commissioner shall be considered as 18.11 having been received by the licensee. 18.12 Sec. 23. Minnesota Statutes 2002, section 148.6443, 18.13 subdivision 1, is amended to read: 18.14 Subdivision 1. [GENERAL REQUIREMENTS.] An occupational 18.15 therapist applying for licensure renewal must have completed a 18.16 minimum of 24 contact hours of continuing education in the two 18.17 years preceding licensure renewal. An occupational therapy 18.18 assistant applying for licensure renewal must have completed a 18.19 minimum of 18 contact hours of continuing education in the two 18.20 years preceding licensure renewal. Licensees who are issued 18.21 licenses for a period of less than two years shall prorate the 18.22 number of contact hours required for licensure renewal based on 18.23 the number of months licensed during the biennial licensure 18.24 period. Licensees shall receive contact hours for continuing 18.25 education activities only for the biennial licensure period in 18.26 which the continuing education activity was performed. 18.27 To qualify as a continuing education activity, the activity 18.28 must be a minimum of one contact hour. Contact hours must be 18.29 earned and reported in increments of one contact hour or 18.30 one-half contact hour forafter the first contact hour of each 18.31 continuing education activity. One-half contact hour means an 18.32 instructional session of 30 consecutive minutes, excluding 18.33 coffee breaks, registration, meals without a speaker, and social 18.34 activities. 18.35 Each licensee is responsible for financing the cost of the 18.36 licensee's continuing education activities. 19.1 Sec. 24. Minnesota Statutes 2002, section 148.6443, 19.2 subdivision 5, is amended to read: 19.3 Subd. 5. [REPORTING CONTINUING EDUCATION CONTACT HOURS.] 19.4 At the time ofWithin one month following licensure renewal19.5 expiration, each licensee shall submit verification that the 19.6 licensee has met the continuing education requirements of this 19.7 section on the continuing education report form provided by the 19.8 commissioner. The continuing education report form may require 19.9 the following information: 19.10 (1) title of continuing education activity; 19.11 (2) brief description of the continuing education activity; 19.12 (3) sponsor, presenter, or author; 19.13 (4) location and attendance dates; 19.14 (5) number of contact hours; and 19.15 (6) licensee's notarized affirmation that the information 19.16 is true and correct. 19.17 ARTICLE 2 19.18 PHYSICIAN ASSISTANTS 19.19 Section 1. Minnesota Statutes 2002, section 147A.02, is 19.20 amended to read: 19.21 147A.02 [QUALIFICATIONS FOR REGISTRATION.] 19.22 Except as otherwise provided in this chapter, an individual 19.23 shall be registered by the board before the individual may 19.24 practice as a physician assistant. 19.25 The board may grant registration as a physician assistant 19.26 to an applicant who: 19.27 (1) submits an application on forms approved by the board; 19.28 (2) pays the appropriate fee as determined by the board; 19.29 (3) has current certification from the National Commission 19.30 on Certification of Physician Assistants, or its successor 19.31 agency as approved by the board; 19.32 (4) certifies that the applicant is mentally and physically 19.33 able to engage safely in practice as a physician assistant; 19.34 (5) has no licensure, certification, or registration as a 19.35 physician assistant under current discipline, revocation, 19.36 suspension, or probation for cause resulting from the 20.1 applicant's practice as a physician assistant, unless the board 20.2 considers the condition and agrees to licensure; 20.3 (6) has a physician-physician assistant agreement, and20.4 internal protocol and prescribing delegation form, if the20.5 physician assistant has been delegated prescribing authority, as20.6 described in section 147A.18 in place at the address of record;20.7 (7)submits to the board a practice setting description and20.8 any other information the board deems necessary to evaluate the 20.9 applicant's qualifications; and 20.10 (8)(7) has been approved by the board. 20.11 All persons registered as physician assistants as of June 20.12 30, 1995, are eligible for continuing registration renewal. All 20.13 persons applying for registration after that date shall be 20.14 registered according to this chapter. 20.15 Sec. 2. Minnesota Statutes 2003 Supplement, section 20.16 147A.09, subdivision 2, is amended to read: 20.17 Subd. 2. [DELEGATION.] Patient services may include, but 20.18 are not limited to, the following, as delegated by the 20.19 supervising physician and authorized in the agreement: 20.20 (1) taking patient histories and developing medical status 20.21 reports; 20.22 (2) performing physical examinations; 20.23 (3) interpreting and evaluating patient data; 20.24 (4) ordering or performing diagnostic procedures, including 20.25 radiography; 20.26 (5) ordering or performing therapeutic procedures; 20.27 (6) providing instructions regarding patient care, disease 20.28 prevention, and health promotion; 20.29 (7) assisting the supervising physician in patient care in 20.30 the home and in health care facilities; 20.31 (8) creating and maintaining appropriate patient records; 20.32 (9) transmitting or executing specific orders at the 20.33 direction of the supervising physician; 20.34 (10) prescribing, administering, and dispensing legend 20.35 drugs and medical devices if this function has been delegated by 20.36 the supervising physician pursuant to and subject to the 21.1 limitations of section 147.34147A.18 and chapter 151. 21.2 Physician assistants who have been delegated the authority to 21.3 prescribe controlled substances shall maintain a separate 21.4 addendum to the delegation form which lists all schedules and 21.5 categories of controlled substances which the physician 21.6 assistant has the authority to prescribe. This addendum shall 21.7 be maintained with the physician-physician assistant agreement, 21.8 and the delegation form at the address of record; 21.9 (11) for physician assistants not delegated prescribing 21.10 authority, administering legend drugs and medical devices 21.11 following prospective review for each patient by and upon 21.12 direction of the supervising physician; 21.13 (12) functioning as an emergency medical technician with 21.14 permission of the ambulance service and in compliance with 21.15 section 144E.127, and ambulance service rules adopted by the 21.16 commissioner of health; 21.17 (13) initiating evaluation and treatment procedures 21.18 essential to providing an appropriate response to emergency 21.19 situations; and 21.20 (14) certifying a physical disability under section 21.21 169.345, subdivision 2a. 21.22 Orders of physician assistants shall be considered the 21.23 orders of their supervising physicians in all practice-related 21.24 activities, including, but not limited to, the ordering of 21.25 diagnostic, therapeutic, and other medical services. 21.26 Sec. 3. Minnesota Statutes 2002, section 147A.20, is 21.27 amended to read: 21.28 147A.20 [PHYSICIAN AND PHYSICIAN ASSISTANT AGREEMENT.] 21.29 (a) A physician assistant and supervising physician must 21.30 sign an agreement which specifies scope of practice and amount 21.31 and manner of supervision as required by the board. The 21.32 agreement must contain: 21.33 (1) a description of the practice setting; 21.34 (2) a statement of practice type/specialty; 21.35 (3) a listing of categories of delegated duties; 21.36 (4) a description of supervision type, amount, and 22.1 frequency; and 22.2 (5) a description of the process and schedule for review of 22.3 prescribing, dispensing, and administering legend and controlled 22.4 drugs and medical devices by the physician assistant authorized 22.5 to prescribe. 22.6 (b) The agreement must be maintained by the supervising 22.7 physician and physician assistant and made available to the 22.8 board upon request. If there is a delegation of prescribing, 22.9 administering, and dispensing of legend drugs, controlled 22.10 substances, and medical devices, the agreement shall include an 22.11 internal protocol and delegation form. Physician assistants 22.12 shall have a separate agreement for each place of employment. 22.13 Agreements must be reviewed and updated on an annual basis. The 22.14 supervising physician and physician assistant must maintain the 22.15 agreement, delegation form, and internal protocol at the address 22.16 of record. Copies shall be provided to the board upon request. 22.17 (c) Physician assistants must provide written notification 22.18 to the board within 30 days of the following: 22.19 (1) name change; 22.20 (2) address of record change; 22.21 (3) telephone number of record change; and 22.22 (4) addition or deletion of alternate supervising physician 22.23 provided that the information submitted includes, for an 22.24 additional alternate physician, an affidavit of consent to act 22.25 as an alternate supervising physician signed by the alternate 22.26 supervising physician. 22.27 (d) Modifications requiring submission prior to the 22.28 effective date are changes to the practice setting description 22.29 which include: 22.30 (1) supervising physician change, excluding alternate 22.31 supervising physicians; or 22.32 (2) delegation of prescribing, administering, or dispensing 22.33 of legend drugs, controlled substances, or medical devices. 22.34 (e) The agreement must be completed and the practice 22.35 setting description submitted to the board before providing 22.36 medical care as a physician assistant. 23.1 Sec. 4. [EXCEPTION TO REGISTRATION REQUIREMENTS.] 23.2 Notwithstanding the requirements of Minnesota Statutes, 23.3 section 147A.02, the Board of Medical Practice shall register an 23.4 individual as a physician assistant if the individual: 23.5 (1) is ineligible for the certification examination by the 23.6 National Commission on the Certification of Physician Assistants 23.7 because the individual's education took place in a nonaccredited 23.8 institution, or the individual was informally trained on the 23.9 job; 23.10 (2) trained and served in the United States military as a 23.11 medic or hospital corpsman on active duty and has continuously 23.12 practiced as a physician assistant or surgeon's assistant in 23.13 Minnesota since 1976, including a practice which combined 23.14 in-office surgical practice with the individual's supervised 23.15 autonomous schedule and with assisting in a hospital operating 23.16 room on cases warranting a first assistant; 23.17 (3) meets all other requirements for registration; 23.18 (4) submits satisfactory recommendations from a supervising 23.19 physician; and 23.20 (5) achieves a satisfactory result on any criminal 23.21 background or health check required by the board. 23.22 The board must accept applications under this section only until 23.23 January 1, 2005. 23.24 Sec. 5. [PROVISIONAL REGISTRATION.] 23.25 An individual registered under section 4 is deemed to hold 23.26 a provisional registration for two years from the date of 23.27 registration. If there have been no substantiated complaints 23.28 against an individual during the provisional period, the board 23.29 shall extend full registration to the individual upon completion 23.30 of the provisional period. 23.31 Sec. 6. [EFFECTIVE DATE.] 23.32 Sections 4 and 5 are effective the day following final 23.33 enactment. 23.34 ARTICLE 3 23.35 ACUPUNCTURISTS 23.36 Section 1. Minnesota Statutes 2002, section 147B.01, is 24.1 amended by adding a subdivision to read: 24.2 Subd. 16a. [NCCAOM CERTIFICATION.] "NCCAOM certification" 24.3 means a certification granted by the NCCAOM to a person who has 24.4 met the standards of competence established for either NCCAOM 24.5 certification in acupuncture or NCCAOM certification in Oriental 24.6 medicine. 24.7 Sec. 2. Minnesota Statutes 2002, section 147B.06, 24.8 subdivision 4, is amended to read: 24.9 Subd. 4. [SCOPE OF PRACTICE.] The scope of practice of 24.10 acupuncture includes, but is not limited to, the following: 24.11 (1) using Oriental medical theory to assess and diagnose a 24.12 patient; 24.13 (2) using Oriental medical theory to develop a plan to 24.14 treat a patient. The treatment techniques that may be chosen 24.15 include: 24.16 (i) insertion of sterile acupuncture needles through the 24.17 skin; 24.18 (ii) acupuncture stimulation including, but not limited to, 24.19 electrical stimulation or the application of heat; 24.20 (iii) cupping; 24.21 (iv) dermal friction; 24.22 (v) acupressure; 24.23 (vi) herbal therapies; 24.24 (vii) dietary counseling based on traditional Chinese 24.25 medical principles; 24.26 (viii) breathing techniques; or24.27 (ix) exercise according to Oriental medical principles; or 24.28 (x) Oriental massage. 24.29 Sec. 3. [REPEALER.] 24.30 Minnesota Statutes 2002, section 147B.02, subdivision 5, is 24.31 repealed. 24.32 ARTICLE 4 24.33 NURSE LICENSURE 24.34 Section 1. Minnesota Statutes 2002, section 148.211, 24.35 subdivision 1, is amended to read: 24.36 Subdivision 1. [LICENSURE BY EXAMINATION.] (a) An 25.1 applicant for a license to practice as a registered nurse or 25.2 licensed practical nurse shall apply to the board for a license 25.3 by examination on forms prescribed by the board and pay a fee in 25.4 an amount determined by rulestatute. An applicant applying for 25.5 reexamination shall pay a fee in an amount determined by 25.6 rulelaw. In no case may fees be refunded. 25.7 Before being scheduled for examination, the applicant shall25.8 provide written evidence verified by oath that the applicant (1)25.9 has not engaged in conduct warranting disciplinary action as set25.10 forth in section 148.261; (2) meets secondary education25.11 requirements as determined by the board and other preliminary25.12 qualification requirements the board may prescribe by rule; and25.13 (3) has completed a course of study in a nursing program25.14 approved by the board, another United States nursing board, or a25.15 Canadian province. An applicant who graduates from a nursing25.16 program in another country, except Canada, must also25.17 successfully complete the Commission on Graduates of Foreign25.18 Nursing Schools Qualifying Examination. The nursing program25.19 must be approved for the preparation of applicants for the type25.20 of license for which the application has been submitted.25.21 The applicant must pass a written examination in the25.22 subjects the board may determine. Written examination includes25.23 both paper and pencil examinations and examinations administered25.24 with a computer and related technology. Each written25.25 examination may be supplemented by an oral or practical25.26 examination.(b) The applicant must satisfy the following 25.27 requirements for licensure by examination: 25.28 (1) present evidence the applicant has not engaged in 25.29 conduct warranting disciplinary action under section 148.261; 25.30 (2) present evidence of completion of a nursing education 25.31 program approved by the board, another United States nursing 25.32 board, or a Canadian province, which prepared the applicant for 25.33 the type of license for which the application has been 25.34 submitted; and 25.35 (3) pass a national nurse licensure written examination. 25.36 "Written examination" includes paper and pencil examinations and 26.1 examinations administered with a computer and related technology 26.2 and may include supplemental oral or practical examinations 26.3 approved by the board. 26.4 (c) An applicant who graduated from an approved nursing 26.5 education program in Canada and was licensed in Canada or 26.6 another United States jurisdiction, without passing the national 26.7 nurse licensure examination, must also submit a verification of 26.8 licensure from the original Canadian licensure authority and 26.9 from the United States jurisdiction. 26.10 (d) An applicant who graduated from a nursing program in a 26.11 country other than the United States or Canada must also satisfy 26.12 the following requirements: 26.13 (1) present verification of graduation from a nursing 26.14 education program which prepared the applicant for the type of 26.15 license for which the application has been submitted and is 26.16 determined to be equivalent to the education required in the 26.17 same type of nursing education programs in the United States as 26.18 evaluated by a credentials evaluation service acceptable to the 26.19 board. The credentials evaluation service must submit the 26.20 evaluation and verification directly to the board; 26.21 (2) demonstrate successful completion of coursework to 26.22 resolve identified nursing education deficiencies; and 26.23 (3) pass examinations acceptable to the board that test 26.24 written and spoken English, unless the applicant graduated from 26.25 a nursing education program conducted in English and located in 26.26 an English-speaking country. The results of the examinations 26.27 must be submitted directly to the board from the testing service. 26.28 (e) An applicant failing to pass the examination may apply 26.29 for reexamination. 26.30 Upon submission by the applicant of an affidavit of26.31 graduation or transcript from an approved nursing program as26.32 well as proof that the applicant has passed the examination,26.33 paid the required fees, and(f) When the applicant has met all 26.34 otherrequirements stated in this subdivision, the board shall 26.35 issue a license to the applicant. The board may issue a license 26.36 with conditions and limitations if it considers it necessary to 27.1 protect the public. 27.2 Sec. 2. Minnesota Statutes 2003 Supplement, section 27.3 148.212, subdivision 1, is amended to read: 27.4 Subdivision 1. [ISSUANCE.] Upon receipt of the applicable 27.5 licensure or reregistration fee and permit fee, and in 27.6 accordance with rules of the board, the board may issue a 27.7 nonrenewable temporary permit to practice professional or 27.8 practical nursing to an applicant for licensure or 27.9 reregistration who is not the subject of a pending investigation 27.10 or disciplinary action, nor disqualified for any other reason, 27.11 under the following circumstances: 27.12 (a) The applicant for licensure by examination under 27.13 section 148.211, subdivision 1, has graduated from an approved 27.14 nursing program within the 60 days preceding board receipt of an 27.15 affidavit of graduation or transcript and has been authorized by 27.16 the board to write the licensure examination for the first time 27.17 in the United States. The permit holder must practice 27.18 professional or practical nursing under the direct supervision 27.19 of a registered nurse. The permit is valid from the date of 27.20 issue until the date the board takes action on the application 27.21 or for 60 days whichever occurs first. 27.22 (b) The applicant for licensure by endorsement under 27.23 section 148.211, subdivision 2, is currently licensed to 27.24 practice professional or practical nursing in another state, 27.25 territory, or Canadian province. The permit is valid from 27.26 submission of a proper request until the date of board action on 27.27 the application. 27.28 (c) The applicant for licensure by endorsement under 27.29 section 148.211, subdivision 2, or for reregistration under 27.30 section 148.231, subdivision 5, is currently registered in a 27.31 formal, structured refresher course or its equivalent for nurses 27.32 that includes clinical practice. 27.33 (d) The applicant for licensure by examination under 27.34 section 148.211, subdivision 1, has been issued a Commission on27.35 Graduates of Foreign Nursing Schools certificate,who graduated 27.36 from a nursing program in a country other than the United States 28.1 or Canada has completed all requirements for licensure 28.2 except theregistering for and taking the nurse licensure 28.3 examination , and has been authorized by the board to write the28.4 licensure examinationfor the first time in the United States. 28.5 The permit holder must practice professional nursing under the 28.6 direct supervision of a registered nurse. The permit is valid 28.7 from the date of issue until the date the board takes action on 28.8 the application or for 60 days, whichever occurs first. 28.9 Sec. 3. Minnesota Statutes 2002, section 148.284, is 28.10 amended to read: 28.11 148.284 [CERTIFICATION OF ADVANCED PRACTICE REGISTERED 28.12 NURSES.] 28.13 (a) No person shall practice advanced practice registered 28.14 nursing or use any title, abbreviation, or other designation 28.15 tending to imply that the person is an advanced practice 28.16 registered nurse, clinical nurse specialist, nurse anesthetist, 28.17 nurse-midwife, or nurse practitioner unless the person is 28.18 certified for such advanced practice registered nursing by a 28.19 national nurse certification organization. 28.20 (b) ParagraphParagraphs (a) doesand (e) do not apply to 28.21 an advanced practice registered nurse who is within six months 28.22 after completion of an advanced practice registered nurse course 28.23 of study and is awaiting certification, provided that the person 28.24 has not previously failed the certification examination. 28.25 (c) An advanced practice registered nurse who has completed 28.26 a formal course of study as an advanced practice registered 28.27 nurse and has been certified by a national nurse certification 28.28 organization prior to January 1, 1999, may continue to practice 28.29 in the field of nursing in which the advanced practice 28.30 registered nurse is practicing as of July 1, 1999, regardless of 28.31 the type of certification held if the advanced practice 28.32 registered nurse is not eligible for the proper certification. 28.33 (d) Prior to July 1, 2007, a clinical nurse specialist may 28.34 petition the board for waiver from the certification requirement 28.35 in paragraph (a) if the clinical nurse specialist is 28.36 academically prepared as a clinical nurse specialist in a 29.1 specialty area for which there is no certification within the 29.2 clinical nurse specialist role and specialty or a related 29.3 specialty. The board may determine that an available 29.4 certification as a clinical nurse specialist in a related 29.5 specialty must be obtained in lieu of the specific specialty or 29.6 subspecialty. The petitioner must be academically prepared as a 29.7 clinical nurse specialist in a specific field of clinical nurse 29.8 specialist practice with a master's degree in nursing that 29.9 included clinical experience in the clinical specialty and must 29.10 have 1,000 hours of supervised clinical experience in the 29.11 clinical specialty for which the individual was academically 29.12 prepared with a minimum of 500 hours of supervised clinical 29.13 practice after graduation. The board may grant a nonrenewable 29.14 permit for no longer than 12 months for the supervised 29.15 postgraduate clinical experience. The board may renew the 29.16 waiver for three-year periods provided the clinical nurse 29.17 specialist continues to be ineligible for certification as a 29.18 clinical nurse specialist by an organization acceptable to the 29.19 board. 29.20 (e) An advanced practice registered nurse who practices 29.21 advanced practice registered nursing without current 29.22 certification or current waiver of certification as a clinical 29.23 nurse specialist, nurse midwife, nurse practitioner, or 29.24 registered nurse anesthetist, or practices with current 29.25 certification but fails to notify the board of current 29.26 certification, shall pay a penalty fee of $200 for the first 29.27 month or part of a month and an additional $100 for each 29.28 subsequent month or parts of months of practice. The amount of 29.29 the penalty fee shall be calculated from the first day the 29.30 advanced practice registered nurse practiced without current 29.31 advanced practice registered nurse certification or current 29.32 waiver of certification to the date of last practice or from the 29.33 first day the advanced practice registered nurse practiced 29.34 without the current status on file with the board until the day 29.35 the current certification is filed with the board. 29.36 ARTICLE 5 30.1 BOARD OF BEHAVIORAL HEALTH AND THERAPY 30.2 Section 1. Minnesota Statutes 2003 Supplement, section 30.3 148B.52, is amended to read: 30.4 148B.52 [DUTIES OF THE BOARD.] 30.5 (a) The Board of Behavioral Health and Therapy shall: 30.6 (1) establish by rule appropriate techniques, including 30.7 examinations and other methods, for determining whether 30.8 applicants and licensees are qualified under sections 148B.50 to 30.9 148B.593; 30.10 (2) establish by rule standards for professional conduct, 30.11 including adoption of a Code of Professional Ethics and 30.12 requirements for continuing education and supervision; 30.13 (3) issue licenses to individuals qualified under sections 30.14 148B.50 to 148B.593; 30.15 (4) establish by rule standards for initial education 30.16 including coursework for licensure and content of professional 30.17 education; 30.18 (5) establish by rule procedures, including a standard30.19 disciplinary process, to assess whether individuals licensed as30.20 licensed professional counselors comply with the board's rules;30.21 (6)establish, maintain, and publish annually a register of 30.22 current licensees and approved supervisors; 30.23 (7)(6) establish initial and renewal application and 30.24 examination fees sufficient to cover operating expenses of the 30.25 board and its agents; 30.26 (8)(7) educate the public about the existence and content 30.27 of the laws and rules for licensed professional counselors to 30.28 enable consumers to file complaints against licensees who may 30.29 have violated the rules; 30.30 (9) establish rules and regulations pertaining to treatment30.31 for impaired practitioners;and 30.32 (10)(8) periodically evaluate its rules in order to refine 30.33 the standards for licensing professional counselors and to 30.34 improve the methods used to enforce the board's standards. 30.35 (b) The board may appoint a professional discipline 30.36 committee for each occupational licensure regulated by the 31.1 board, and may appoint a board member as chair. The 31.2 professional discipline committee shall consist of five members 31.3 representative of the licensed occupation and shall provide 31.4 recommendations to the board with regard to rule techniques, 31.5 standards, procedures, and related issues specific to the 31.6 licensed occupation. 31.7 Sec. 2. Minnesota Statutes 2003 Supplement, section 31.8 148B.53, subdivision 1, is amended to read: 31.9 Subdivision 1. [GENERAL REQUIREMENTS.] (a) To be licensed 31.10 as a licensed professional counselor (LPC), an applicant must 31.11 provide evidence satisfactory to the board that the applicant: 31.12 (1) is at least 18 years of age; 31.13 (2) is of good moral character; 31.14 (3) has completed a master's degree program in counseling 31.15 that includes a minimum of 48 semester hours and a supervised 31.16 field experience of not fewer than 700 hours that is counseling 31.17 in nature; 31.18 (4) has submitted to the board a plan for supervision 31.19 during the first 2,000 hours of professional practice or has 31.20 submitted proof of supervised professional practice that is 31.21 acceptable to the board; and 31.22 (5) has demonstrated competence in professional counseling 31.23 by passing the National Counseling Exam (NCE) administered by 31.24 the National Board for Certified Counselors, Inc. (NBCC) 31.25 including obtaining a passing score on the examination accepted 31.26 by the board based on the determinations made by the NBCC and 31.27 oral and situational examinations if prescribed by the board ;31.28 (6) will conduct all professional activities as a licensed31.29 professional counselor in accordance with standards for31.30 professional conduct established by the rules of the board; and31.31 (7) has declared to the board and agrees to continue to31.32 declare areas of professional competencies through a statement31.33 of professional disclosure, describing the intended use of the31.34 license and the population to be served. 31.35 (b) The degree described in paragraph (a), clause (3), must 31.36 be from a counseling program recognized by the Council for 32.1 Accreditation of Counseling and Related Education Programs 32.2 (CACREP) or from an institution of higher education that is 32.3 accredited by a regional accrediting organization recognized by 32.4 the Council for Higher Education Accreditation (CHEA). Specific 32.5 academic course content and training must meet standards 32.6 established by the CACREP, including course work in the 32.7 following subject areas: 32.8 (1) the helping relationship, including counseling theory 32.9 and practice; 32.10 (2) human growth and development; 32.11 (3) lifestyle and career development; 32.12 (4) group dynamics, processes, counseling, and consulting; 32.13 (5) assessment and appraisal; 32.14 (6) social and cultural foundations, including 32.15 multicultural issues; 32.16 (7) principles of etiology, treatment planning, and 32.17 prevention of mental and emotional disorders and dysfunctional 32.18 behavior; 32.19 (8) family counseling and therapy; 32.20 (9) research and evaluation; and 32.21 (10) professional counseling orientation and ethics. 32.22 (c) To be licensed as a professional counselor, a 32.23 psychological practitioner licensed under section 148.908 need 32.24 only show evidence of licensure under that section and is not 32.25 required to comply with paragraph (a) or (b). 32.26 Sec. 3. Minnesota Statutes 2003 Supplement, section 32.27 148B.53, subdivision 3, is amended to read: 32.28 Subd. 3. [FEE.] Each applicant shall pay a nonrefundable 32.29 fee set by the boardas follows: 32.30 (1) initial license application fee for licensed 32.31 professional counseling (LPC) - $250; 32.32 (2) annual active license renewal fee for LPC - $200 or 32.33 equivalent; 32.34 (3) annual inactive license renewal fee for LPC - $100; 32.35 (4) license renewal late fee - $100 per month or portion 32.36 thereof; 33.1 (5) copy of board order or stipulation - $10; 33.2 (6) certificate of good standing or license verification - 33.3 $10; 33.4 (7) duplicate certificate fee - $10; 33.5 (8) computer lists - $10 per region up to a maximum of 33.6 $100; 33.7 (9) computer printed labels - $15 per region up to a 33.8 maximum of $150; 33.9 (10) professional firm renewal fee - $25; 33.10 (11) initial registration fee - $50; and 33.11 (12) annual registration renewal fee - $25. 33.12 Sec. 4. Minnesota Statutes 2003 Supplement, section 33.13 148B.54, is amended to read: 33.14 148B.54 [LICENSE RENEWAL REQUIREMENTS.] 33.15 Subdivision 1. [RENEWAL.] Licensees shall renew licenses 33.16 at the time and in the manner established by the rules of the 33.17 board. 33.18 Subd. 2. [CONTINUING EDUCATION.] At the completion of the 33.19 first two years of licensure, a licensee must provide evidence 33.20 satisfactory to the board of completion of 12 additional 33.21 postgraduate semester credit hours or its equivalent in 33.22 counseling as determined by the board, except that no licensee 33.23 shall be required to show evidence of greater than 60 semester 33.24 hours or its equivalent. Thereafter, at the time of renewal, 33.25 each licensee shall provide evidence satisfactory to the board 33.26 that the licensee has completed during each two-year period at 33.27 least the equivalent of 40 clock hours of professional 33.28 postdegree continuing education in programs approved by the 33.29 board and continues to be qualified to practice under sections 33.30 148B.50 to 148B.593. 33.31 Sec. 5. Minnesota Statutes 2003 Supplement, section 33.32 148B.55, is amended to read: 33.33 148B.55 [LICENSES; TRANSITION PERIOD.] 33.34 For two years beginning July 1, 2003, the board shall issue 33.35 a license without examination to an applicant if the board 33.36 determines that the applicant otherwise satisfies the 34.1 requirements in section 148B.53, subdivision 1, if the applicant 34.2 is a licensed psychological practitioner, a licensed marriage 34.3 and family therapist, or a licensed alcohol and drug counselor, 34.4 or is in the process of being so licensed. An applicant 34.5 licensed under this section must also agree to conduct all 34.6 professional activities as a licensed professional counselor in 34.7 accordance with standards for professional conduct established 34.8 by the board by rule. This section expires July 1, 2005. 34.9 Sec. 6. Minnesota Statutes 2003 Supplement, section 34.10 148B.59, is amended to read: 34.11 148B.59 [GROUNDS FOR DISCIPLINARY ACTION; FORMS OF 34.12 DISCIPLINARY ACTION; RESTORATION OF LICENSE.] 34.13 (a) The board may impose disciplinary action as described 34.14 in paragraph (b) against an applicant or licensee whom the 34.15 board, by a preponderance of the evidence, determines: 34.16 (1) has violated a statute, rule, or order that the board 34.17 issued or is empowered to enforce; 34.18 (2) has engaged in fraudulent, deceptive, or dishonest 34.19 conduct, whether or not the conduct relates to the practice of 34.20 licensed professional counseling, that adversely affects the 34.21 person's ability or fitness to practice professional counseling; 34.22 (3) has engaged in unprofessional conduct or any other 34.23 conduct which has the potential for causing harm to the public, 34.24 including any departure from or failure to conform to the 34.25 minimum standards of acceptable and prevailing practice without 34.26 actual injury having to be established; 34.27 (4) has been convicted of or has pled guilty or nolo 34.28 contendere to a felony or other crime, an element of which is 34.29 dishonesty or fraud, or has been shown to have engaged in acts 34.30 or practices tending to show that the applicant or licensee is 34.31 incompetent or has engaged in conduct reflecting adversely on 34.32 the applicant's or licensee's ability or fitness to engage in 34.33 the practice of professional counseling; 34.34 (5) has employed fraud or deception in obtaining or 34.35 renewing a license, or in passing an examination; 34.36 (6) has had any counseling license, certificate, 35.1 registration, privilege to take an examination, or other similar 35.2 authority denied, revoked, suspended, canceled, limited, or not 35.3 renewed for cause in any jurisdiction; 35.4 (7) has failed to meet any requirement for the issuance or 35.5 renewal of the person's license. The burden of proof is on the 35.6 applicant or licensee to demonstrate the qualifications or 35.7 satisfy the requirements for a license under the licensed 35.8 professional counseling act; 35.9 (8) has failed to cooperate with an investigation of the 35.10 board; 35.11 (9) has demonstrated an inability to practice professional 35.12 counseling with reasonable skill and safety to clients due to 35.13 any mental or physical illness or condition; or35.14 (10) has engaged in fee splitting. This clause does not 35.15 apply to the distribution of revenues from a partnership, group 35.16 practice, nonprofit corporation, or professional corporation to 35.17 its partners, shareholders, members, or employees if the 35.18 revenues consist only of fees for services performed by the 35.19 licensee or under a licensee's administrative authority. Fee 35.20 splitting includes, but is not limited to: 35.21 (i) dividing fees with another person or a professional 35.22 corporation, unless the division is in proportion to the 35.23 services provided and the responsibility assumed by each 35.24 professional; and 35.25 (ii) referring a client to any health care provider as 35.26 defined in section 144.335 in which the referring licensee has a 35.27 significant financial interest, unless the licensee has 35.28 disclosed in advance to the client the licensee's own financial 35.29 interest; or 35.30 (11) has engaged in conduct with a patient that is sexual 35.31 or may reasonably be interpreted by the patient as sexual, or in 35.32 any verbal behavior that is seductive or sexually demeaning to a 35.33 patient. 35.34 (b) If grounds for disciplinary action exist under 35.35 paragraph (a), the board may take one or more of the following 35.36 actions: 36.1 (1) refuse to grant or renew a license; 36.2 (2) revoke a license; 36.3 (3) suspend a license; 36.4 (4) impose limitations or conditions on a licensee's 36.5 practice of professional counseling, including, but not limited 36.6 to, limiting the scope of practice to designated competencies, 36.7 imposing retraining or rehabilitation requirements, requiring 36.8 the licensee to practice under supervision, or conditioning 36.9 continued practice on the demonstration of knowledge or skill by 36.10 appropriate examination or other review of skill and competence; 36.11 (5) censure or reprimand the licensee; 36.12 (6) refuse to permit an applicant to take the licensure 36.13 examination or refuse to release an applicant's examination 36.14 grade if the board finds that it is in the public interest; or 36.15 (7) impose a civil penalty not exceeding $10,000 for each 36.16 separate violation, the amount of the civil penalty to be fixed 36.17 so as to deprive the physical therapistapplicant or licensee of 36.18 any economic advantage gained by reason of the violation 36.19 charged, to discourage similar violations or to reimburse the 36.20 board for the cost of the investigation and proceeding, 36.21 including, but not limited to, fees paid for services provided 36.22 by the Office of Administrative Hearings, legal and 36.23 investigative services provided by the Office of the Attorney 36.24 General, court reporters, witnesses, reproduction of records, 36.25 board members' per diem compensation, board staff time, and 36.26 travel costs and expenses incurred by board staff and board 36.27 members. 36.28 (c) In lieu of or in addition to paragraph (b), the board 36.29 may require, as a condition of continued licensure, termination 36.30 of suspension, reinstatement of license, examination, or release 36.31 of examination grades, that the applicant or licensee: 36.32 (1) submit to a quality review, as specified by the board, 36.33 of the applicant's or licensee's ability, skills, or quality of 36.34 work; and 36.35 (2) complete to the satisfaction of the board educational 36.36 courses specified by the board. 37.1 The board may also refer a licensee, if appropriate, to the 37.2 health professionals services program described in sections 37.3 214.31 to 214.37. 37.4 (d) Service of the order is effective if the order is 37.5 served on the applicant, licensee, or counsel of record 37.6 personally or by mail to the most recent address provided to the 37.7 board for the licensee, applicant, or counsel of record. The 37.8 order shall state the reasons for the entry of the order. 37.9 Sec. 7. [148B.5915] [PROFESSIONAL COOPERATION; APPLICANT 37.10 OR LICENSEE.] 37.11 An applicant or a licensee who is the subject of an 37.12 investigation or who is questioned in connection with an 37.13 investigation by or on behalf of the board shall cooperate fully 37.14 with the investigation. Cooperation includes responding fully 37.15 and promptly to any question raised by or on behalf of the board 37.16 relating to the subject of the investigation, executing all 37.17 releases requested by the board, providing copies of client and 37.18 other records in the applicant's or licensee's possession 37.19 relating to the matter under investigation and executing 37.20 releases for records, as reasonably requested by the board, and 37.21 appearing at conferences or hearings scheduled by the board. 37.22 The board shall pay for copies requested. The board shall be 37.23 allowed access to any records of a client provided services by 37.24 the applicant or licensee under review. If the client has not 37.25 signed a consent permitting access to the client's records, the 37.26 applicant or licensee shall delete any data in the record that 37.27 identifies the client before providing them to the board. The 37.28 board shall maintain any records obtained under this section as 37.29 investigative data pursuant to chapter 13. 37.30 Sec. 8. [148B.5916] [IMMUNITY.] 37.31 Subdivision 1. [REPORTING.] A person, health care 37.32 facility, business, or organization is immune from civil 37.33 liability or criminal prosecution for reporting to the board 37.34 violations or alleged violations of sections 148B.50 to 148B.593. 37.35 All such reports are classified under section 13.41. 37.36 Subd. 2. [INVESTIGATION.] Members of the board, persons 38.1 employed by the board, and consultants retained by the board for 38.2 the purpose of investigation of violations or the preparation 38.3 and management of charges of violations of this chapter on 38.4 behalf of the board are immune from civil liability and criminal 38.5 prosecution for any actions, transactions, or publications in 38.6 the execution of, or relating to, their duties under sections 38.7 148B.50 to 148B.593. 38.8 Sec. 9. [TRANSITION PLAN.] 38.9 The commissioner of health, in consultation with the 38.10 executive director of the Board of Behavioral Health and 38.11 Therapy, the commissioner of human services, and others must 38.12 develop a transition plan to transfer the authority for 38.13 licensing alcohol and drug counselors and unlicensed mental 38.14 health practitioners from the commissioner of health to the 38.15 Board of Behavioral Health and Therapy. The transition plan 38.16 must include any necessary legislative language to transfer 38.17 authority and corresponding funding to the board, identify 38.18 critical licensing activities, and specify a schedule for 38.19 transferring all duties and activities. 38.20 Sec. 10. [EFFECTIVE DATE.] 38.21 Sections 1 to 9 are effective the day following final 38.22 enactment. 38.23 ARTICLE 6 38.24 ALCOHOL AND DRUG COUNSELORS 38.25 Section 1. Minnesota Statutes 2003 Supplement, section 38.26 148C.04, subdivision 6, is amended to read: 38.27 Subd. 6. [TEMPORARY PERMIT REQUIREMENTS.] (a) The 38.28 commissioner shall issue a temporary permit to practice alcohol 38.29 and drug counseling prior to being licensed under this chapter 38.30 if the person: 38.31 (1) either: 38.32 (i) submits verification of a current and unrestricted 38.33 credential for the practice of alcohol and drug counseling from 38.34 a national certification body or a certification or licensing 38.35 body from another state, United States territory, or federally 38.36 recognized tribal authority; 39.1 (ii) submits verification of the completion of at least 64 39.2 semester credits, including 270 clock hours or 18 semester 39.3 credits of formal classroom education in alcohol and drug 39.4 counseling and at least 880 clock hours of alcohol and drug 39.5 counseling practicum from an accredited school or educational 39.6 program; or39.7 (iii) applies to renew a lapsed license according to the 39.8 requirements of section 148C.055, subdivision 3, clauses (1) and 39.9 (2), or section 148C.055, subdivision 4, clauses (1) and (2); or 39.10 (iv) meets the requirements of section 148C.11, subdivision 39.11 6, clauses (1), (2), and (5); 39.12 (2) applies, in writing, on an application form provided by 39.13 the commissioner, which includes the nonrefundable temporary 39.14 permit fee as specified in section 148C.12 and an affirmation by 39.15 the person's supervisor, as defined in paragraph (c), clause 39.16 (1), which is signed and dated by the person and the person's 39.17 supervisor; and 39.18 (3) has not been disqualified to practice temporarily on 39.19 the basis of a background investigation under section 148C.09, 39.20 subdivision 1a. 39.21 (b) The commissioner must notify the person in writing 39.22 within 90 days from the date the completed application and all 39.23 required information is received by the commissioner whether the 39.24 person is qualified to practice under this subdivision. 39.25 (c) A person practicing under this subdivision: 39.26 (1) may practice under tribal jurisdiction or under the 39.27 direct supervision of a person who is licensed under this 39.28 chapter; 39.29 (2) is subject to the Rules of Professional Conduct set by 39.30 rule; and 39.31 (3) is not subject to the continuing education requirements 39.32 of section 148C.075. 39.33 (d) A person practicing under this subdivision must use the 39.34 title or description stating or implying that the person is a 39.35 trainee engaged in the practice of alcohol and drug counseling. 39.36 (e) A person practicing under this subdivision must 40.1 annually submit a renewal application on forms provided by the 40.2 commissioner with the renewal fee required in section 148C.12, 40.3 subdivision 3, and the commissioner may renew the temporary 40.4 permit if the trainee meets the requirements of this 40.5 subdivision. A trainee may renew a practice permit no more than 40.6 five times. 40.7 (f) A temporary permit expires if not renewed, upon a 40.8 change of employment of the trainee or upon a change in 40.9 supervision, or upon the granting or denial by the commissioner 40.10 of a license. 40.11 Sec. 2. Minnesota Statutes 2003 Supplement, section 40.12 148C.075, subdivision 2, is amended to read: 40.13 Subd. 2. [CONTINUING EDUCATION REQUIREMENTS FOR LICENSEE'S 40.14 FIRST FOUR YEARS.] A licensee must, as part of meeting the clock 40.15 hour requirement of this section, obtain and document 18 hours 40.16 of cultural diversity training within the first four years after 40.17 the licensee's initial license effective date according to the 40.18 commissioner's reporting schedule. Cultural diversity training 40.19 includes gaining knowledge in areas described in Minnesota 40.20 Rules, part 4747.1100, subpart 2, and in identified population 40.21 groups defined in Minnesota Rules, part 4747.0030, subpart 20. 40.22 Sec. 3. Minnesota Statutes 2003 Supplement, section 40.23 148C.075, is amended by adding a subdivision to read: 40.24 Subd. 5. [COURSE WORK.] A licensee may obtain a maximum of 40.25 six clock hours in any two-year continuing education period for 40.26 teaching course work in an accredited school or educational 40.27 program that meets the requirements of section 148C.04, 40.28 subdivision 5a. A licensee may earn a maximum of two clock 40.29 hours as preparation time for each clock hour of presentation 40.30 time. Clock hours may be claimed only once per course in any 40.31 two-year continuing education period. The licensee shall 40.32 maintain a course schedule or brochure for audit. 40.33 Sec. 4. Minnesota Statutes 2003 Supplement, section 40.34 148C.11, subdivision 6, is amended to read: 40.35 Subd. 6. [TRANSITION PERIOD FOR HOSPITAL AND CITY, COUNTY, 40.36 AND STATE AGENCY ALCOHOL AND DRUG COUNSELORS.] For the period 41.1 between July 1, 2003, and January 1, 2006, the commissioner 41.2 shall grant a license to an individual who is employed as an 41.3 alcohol and drug counselor at a Minnesota school district or 41.4 hospital, or a city, county, or state agency in Minnesota, if 41.5 the individual: 41.6 (1) was employed as an alcohol and drug counselor at 41.7 a school district, a hospital, or a city, county, or state 41.8 agency before August 1, 2002; 41.9 (2) has 8,000 hours of alcohol and drug counselor work 41.10 experience; 41.11 (3) has completed a written case presentation and 41.12 satisfactorily passed an oral examination established by the 41.13 commissioner; 41.14 (4) has satisfactorily passed a written examination as 41.15 established by the commissioner; and 41.16 (5) meets the requirements in section 148C.0351. 41.17 Sec. 5. Minnesota Statutes 2003 Supplement, section 41.18 148C.11, is amended by adding a subdivision to read: 41.19 Subd. 7. [SCHOOL DISTRICT ALCOHOL AND DRUG 41.20 COUNSELORS.] Effective January 1, 2006, school districts 41.21 employing alcohol and drug counselors shall be required to 41.22 employ licensed alcohol and drug counselors. An alcohol or drug 41.23 counselor employed by a school district must be licensed as an 41.24 alcohol and drug counselor in accordance with this chapter. 41.25 Sec. 6. Minnesota Statutes 2003 Supplement, section 41.26 148C.12, subdivision 2, is amended to read: 41.27 Subd. 2. [BIENNIAL RENEWAL FEE.] The license renewal fee 41.28 is $295. If the commissioner changesestablishes the renewal 41.29 schedule and the expiration date is less than two years, the fee 41.30 must be prorated. 41.31 Sec. 7. Minnesota Statutes 2003 Supplement, section 41.32 148C.12, subdivision 3, is amended to read: 41.33 Subd. 3. [TEMPORARY PERMIT FEE.] The initial fee for 41.34 applicants under section 148C.04, subdivision 6, paragraph (a), 41.35 is $100. The fee for annual renewal of a temporary permit is 41.36 $100, but when the first expiration date occurs in less than one 42.1 year, the fee must be prorated. 42.2 ARTICLE 7 42.3 DENTISTRY TECHNICAL BILL 42.4 Section 1. Minnesota Statutes 2002, section 150A.06, as 42.5 amended by Laws 2003, First Special Session chapter 5, sections 42.6 1, 2, and 3, is amended to read: 42.7 150A.06 [LICENSURE.] 42.8 Subdivision 1. [DENTISTS.] A person of good moral 42.9 character not already a licensed dentist of the statewho has 42.10 graduated from a dental program accredited by the Commission on 42.11 Dental Accreditation of the American Dental Association, having 42.12 submitted an application and fee as prescribed by the board and42.13 the diploma or equivalent awarded to the person by a dental42.14 college approved by the board, may be examined by the board or 42.15 by an agency pursuant to section 150A.03, subdivision 1, in a 42.16 manner to test the applicant's fitness to practice dentistry. A 42.17 graduate of a dental college in another country must not be 42.18 disqualified from examination solely because of the applicant's 42.19 foreign training if the board determines that the training is 42.20 equivalent to or higher than that provided by a dental college 42.21 approvedaccredited by the Commission on Dental Accreditation of 42.22 the American Dental Association or a successor organization. In 42.23 the case of examinations conducted pursuant to section 150A.03, 42.24 subdivision 1, applicants mayshall take the examination prior 42.25 to applying to the board for licensure. The examination shall 42.26 include an examination of the applicant's knowledge of the laws 42.27 of Minnesota relating to dentistry and the rules of the board. 42.28 An applicant is ineligible to retake the clinical examination 42.29 required by the board after failing it twice until further 42.30 education and training are obtained as specified by the board by 42.31 rule. A separate, nonrefundable fee may be charged for each 42.32 time a person applies. An applicant who passes the examination 42.33 in compliance with subdivision 2b, abides by professional 42.34 ethical conduct requirements, and meets all other requirements 42.35 of the board shall be licensed to practice dentistry 42.36 and supplied withgranted a general dentist license by the board. 43.1 Subd. 1a. [FACULTY DENTISTS.] (a) Faculty members of a 43.2 school of dentistry must be licensed or registeredin order to 43.3 practice dentistry as defined in section 150A.05. The board may 43.4 issue to members of the faculty of a school of dentistry a 43.5 license designated as either a "limited faculty license" or a 43.6 "full faculty license" entitling the holder to practice 43.7 dentistry within the terms described in paragraph (b) or (c). 43.8 The dean of thea school of dentistry and program directors of 43.9 accrediteda Minnesota dental hygiene or dental assisting 43.10 schoolsschool accredited by the Commission on Dental 43.11 Accreditation of the American Dental Association shall certify 43.12 to the board those members of the school's faculty who practice 43.13 dentistry but are not licensed to practice dentistry in 43.14 Minnesota. A faculty member who practices dentistry as defined 43.15 in section 150A.05, before beginning duties in thea school of 43.16 dentistry or a dental hygiene or dental assisting school, shall 43.17 apply to the board for a limited or full faculty license. The 43.18 license expires the next July 1 and may, at the discretion of 43.19 the board, be renewed on a yearly basis. The faculty applicant 43.20 shall pay a nonrefundable fee set by the board for issuing and 43.21 renewing the faculty license. The faculty license is valid 43.22 during the time the holder remains a member of the faculty of a 43.23 school of dentistry or a dental hygiene or dental assisting 43.24 school and subjects the holder to this chapter. 43.25 (b) The board may issue to dentist members of the faculty 43.26 of an accrediteda Minnesota school of dentistry, dental 43.27 hygiene, or dental assisting accredited by the Commission on 43.28 Dental Accreditation of the American Dental Association, a 43.29 license designated as a limited faculty license entitling the 43.30 holder to practice dentistry within the school and its 43.31 affiliated teaching facilities, but only for the purposes 43.32 of instructingteaching or conducting research. The practice of 43.33 dentistry at a school facility for purposes other than 43.34 instructionteaching or research is not allowed unless the 43.35 faculty member is licensed under subdivision 1 or isdentist was 43.36 a faculty member on August 1, 1993. 44.1 (c) The board may issue to dentist members of the faculty 44.2 of an accrediteda Minnesota school of dentistry, dental 44.3 hygiene, or dental assisting accredited by the Commission on 44.4 Dental Accreditation of the American Dental Association a 44.5 license designated as a full faculty license entitling the 44.6 holder to practice dentistry within the school and its 44.7 affiliated teaching facilities and elsewhere if the holder of 44.8 the license is employed 50 percent time or more by the school in 44.9 the practice of teaching or research, and upon successful review 44.10 by the board of the applicant's qualifications as described in 44.11 subdivisions 1, 1c, and 4 and board rule. The board, at its 44.12 discretion, may waive specific licensing prerequisites. 44.13 Subd. 1b. [RESIDENT DENTISTS.] A person who is a graduate 44.14 of a dental school and is an enrolled graduate student or 44.15 student of an accredited advanced dental education program and 44.16 who is not licensed to practice dentistry in the state shall 44.17 obtain from the board a license to practice dentistry as a 44.18 resident dentist. The license must be designated "resident 44.19 dentist license" and authorizes the licensee to practice 44.20 dentistry only under the supervision of a licensed dentist. A 44.21 resident dentist license must be renewed annually pursuant to 44.22 the board's rules. An applicant for a resident dentist license 44.23 shall pay a nonrefundable fee set by the board for issuing and 44.24 renewing the license. The requirements of sections 150A.01 to 44.25 150A.21 apply to resident dentists except as specified in rules 44.26 adopted by the board. A resident dentist license does not 44.27 qualify a person for licensure under subdivision 1. This44.28 subdivision takes effect on September 1 following the date that44.29 the rules adopted under this subdivision become effective.44.30 Subd. 1c. [SPECIALTY DENTISTS.] (a) The board may grant a 44.31 specialty license in the followingspecialty areas of dentistry :44.32 (1) endodontics;44.33 (2) oral and maxillofacial surgery;44.34 (3) oral pathology;44.35 (4) orthodontics;44.36 (5) pediatric dentistry;45.1 (6) periodontics;45.2 (7) prosthodontics; and45.3 (8) public healththat are recognized by the American 45.4 Dental Association. 45.5 (b) Notwithstanding section 147.081, subdivision 3, a45.6 person practicing in the specialty area of oral and45.7 maxillofacial surgery must either be licensed by the board under45.8 subdivision 1, or have a specialty license in the oral and45.9 maxillofacial surgery specialty area. Notwithstanding paragraph45.10 (c), an oral and maxillofacial surgery specialty license may be45.11 issued to a person not licensed under subdivision 1.An 45.12 applicant for a specialty license shall: 45.13 (1) have successfully completed a postdoctoral specialty 45.14 education program accredited by the Commission on Dental 45.15 Accreditation of the American Dental Association, or have 45.16 announced a limitation of practice before 1967; 45.17 (2) have been certified by a specialty examining board 45.18 approved by the Minnesota Board of Dentistry, or provide 45.19 evidence of having passed a clinical examination for licensure 45.20 required for practice in another state or Canadian province, or 45.21 in the case of oral and maxillofacial surgeons only, have a 45.22 Minnesota medical license in good standing; 45.23 (3) have been in active practice or a postdoctoral 45.24 specialty education program or United States government service 45.25 at least 2,000 hours in the 36 months prior to applying for a 45.26 specialty license; 45.27 (4) be interviewed by a committee of the board, which may 45.28 include the assistance of specialists in the evaluation process, 45.29 and satisfactorily respond to questions designed to determine 45.30 the applicant's knowledge of dental subjects and ability to 45.31 practice; 45.32 (5) if requested by the board, present complete records on 45.33 a sample of patients treated by the applicant. The sample must 45.34 be drawn from patients treated by the applicant during the 36 45.35 months preceding the date of application. The number of records 45.36 shall be established by the board. The records shall be 46.1 reasonably representative of the treatment typically provided by 46.2 the applicant; 46.3 (6) at board discretion, pass a board-approved English 46.4 proficiency test if English is not the applicant's primary 46.5 language; 46.6 (7) pass all components of the National Dental Board 46.7 examinations; 46.8 (8) pass the Minnesota Board of Dentistry jurisprudence 46.9 examination; 46.10 (9) abide by professional ethical conduct requirements; and 46.11 (10) meet all other requirements prescribed by the Board of 46.12 Dentistry. 46.13 (c) An applicant for a specialty license shallThe 46.14 application must include: 46.15 (1) have successfully completed an advanced education46.16 program approved by the Commission on Accreditation in one of46.17 the specialty areas;46.18 (2) have announced a limitation of practice before 1967; or46.19 (3) have been certified by a specialty examining board46.20 approved by the board.46.21 The board shall also require the applicant to be licensed46.22 under subdivision 1 or have an equivalent license in another46.23 state as determined by the board, meet all other requirements46.24 prescribed by the board, and pay a nonrefundable fee set by the46.25 board.46.26 (1) a completed application furnished by the board; 46.27 (2) at least two character references from two different 46.28 dentists, one of whom must be a dentist practicing in the same 46.29 specialty area, and the other the director of the specialty 46.30 program attended; 46.31 (3) a licensed physician's statement attesting to the 46.32 applicant's physical and mental condition; 46.33 (4) a statement from a licensed ophthalmologist or 46.34 optometrist attesting to the applicant's visual acuity; 46.35 (5) a nonrefundable fee; and 46.36 (6) a notarized, unmounted passport-type photograph, three 47.1 inches by three inches, taken not more than six months before 47.2 the date of application. 47.3 (d) A dentist with an equivalent license in another state47.4 and a specialty license in Minnesota is limited in Minnesota to47.5 practicing only in the specialty license area as defined by the47.6 board.A specialty dentist holding a specialty license is 47.7 limited to practicing in the dentist's designated specialty 47.8 area. The scope of practice must be defined by each national 47.9 specialty board recognized by the American Dental Association. 47.10 (e) A specialty dentist holding a general dentist license 47.11 is limited to practicing in the dentist's designated specialty 47.12 area if the dentist has announced a limitation of practice. The 47.13 scope of practice must be defined by each national specialty 47.14 board recognized by the American Dental Association. 47.15 (f) All specialty dentists who have fulfilled the specialty 47.16 dentist requirements and who intend to limit their practices to 47.17 a particular specialty area after January 1, 2005, must apply 47.18 for a specialty license. This paragraph must not apply to 47.19 dentists who were licensed under this section prior to January 47.20 1, 2005, and who limit their practice to a specialty recognized 47.21 by the American Dental Association. 47.22 (g) Dentists who are licensed under this section prior to 47.23 January 1, 2005, and who limit their practice to a specialty 47.24 recognized by the American Dental Association may apply for a 47.25 specialty license but are not required to do so. 47.26 Subd. 2. [DENTAL HYGIENISTS.] A person of good moral 47.27 character not already a licensed dental hygienist of this state, 47.28 who has graduated from a dental hygiene program established in47.29 an institution that is accredited by an accrediting agency47.30 recognized by the United States Department of Education to offer47.31 college-level programsaccredited by the Commission on Dental 47.32 Accreditation and established in an institution accredited by an 47.33 agency recognized by the United States Department of Education 47.34 to offer college-level programs, may apply for licensure. The 47.35 dental hygiene program must provide a minimum of two academic 47.36 years of dental hygiene curriculum and be accredited by the48.1 American Dental Association Commission on Dental48.2 Accreditationeducation. The applicant must submit an 48.3 application and fee as prescribed by the board and a diploma or 48.4 certificate of dental hygiene. Prior to being licensed, the 48.5 applicant must pass the National Board of Dental Hygiene 48.6 examination and a board approved examination designed to 48.7 determine the applicant's clinical competency. In the case of 48.8 examinations conducted pursuant to section 150A.03, subdivision 48.9 1, applicants mayshall take the examination before applying to 48.10 the board for licensure. The applicant must also pass an 48.11 examination testing the applicant's knowledge of the laws of 48.12 Minnesota relating to the practice of dentistry and of the rules 48.13 of the board. An applicant is ineligible to retake the clinical 48.14 examination required by the board after failing it twice until 48.15 further education and training are obtained as specified by the48.16 board byrule. A separate, nonrefundable fee may be charged for 48.17 each time a person applies. An applicant who passes the 48.18 examination in compliance with subdivision 2b, abides by 48.19 professional ethical conduct requirements, and meets all the 48.20 other requirements of the board shall be licensed as a dental 48.21 hygienist and supplied with a license by the board. 48.22 Subd. 2a. [REGISTERED DENTAL ASSISTANT.] A person of good 48.23 moral character, who has submittedgraduated from a dental 48.24 assisting program accredited by the Commission on Dental 48.25 Accreditation of the American Dental Association, may apply for 48.26 registration. The applicant must submit an application and fee 48.27 as prescribed by the board and the diploma or equivalent awarded48.28 to the person by a training school forcertificate of dental 48.29 assistants or its equivalent approved by the board, may be48.30 examined by the board or by an agency pursuant to section48.31 150A.03, subdivision 1, in a manner to test the applicant's48.32 fitness to perform as a registered dental assistantassisting. 48.33 In the case of examinations conducted pursuant to section 48.34 150A.03, subdivision 1, applicants mayshall take the 48.35 examination before applying to the board for registration. The 48.36 examination shall include an examination of the applicant's 49.1 knowledge of the laws of Minnesota relating to dentistry and the 49.2 rules of the board. An applicant is ineligible to retake 49.3 the clinicalregistration examination required by the board 49.4 after failing it twice until further education and training are 49.5 obtained as specified by theboard byrule. A separate, 49.6 nonrefundable fee may be charged for each time a person 49.7 applies. An applicant who passes the examination in compliance 49.8 with subdivision 2b, abides by professional ethical conduct 49.9 requirements, and meets all the other requirements of the board 49.10 shall be registered as a dental assistant. The examination fee49.11 set by the board in rule is the application fee until the board49.12 amends, repeals, or otherwise changes the rules pursuant to49.13 chapter 14.49.14 Subd. 2b. [EXAMINATION.] When the Board members administer49.15 of Dentistry administers the examination for licensure or 49.16 registration, only those board members or board-appointed deputy 49.17 examiners qualified for the particular examination may 49.18 administer it. An examination which the board requires as a 49.19 condition of licensure or registration must have been taken 49.20 within the five years before the board receives the application 49.21 for licensure or registration. 49.22 Subd. 2c. [GUEST LICENSE OR REGISTRATION.] (a) The board 49.23 shall grant a guest license to practice as a dentist or dental 49.24 hygienist or a guest registration to practice as a dental 49.25 assistant if the following conditions are met: 49.26 (1) the dentist, dental hygienist, or dental assistant is 49.27 currently licensed or registered in good standing in North 49.28 Dakota, South Dakota, Iowa, or Wisconsin; 49.29 (2) the dentist, dental hygienist, or dental assistant is 49.30 currently engaged in the practice of that person's respective 49.31 profession in North Dakota, South Dakota, Iowa, or Wisconsin; 49.32 (3) the dentist, dental hygienist, or dental assistant is49.33 seeking towill limit that person's practice into a public 49.34 health setting in Minnesota that (i) is approved by the board; 49.35 (ii) was established by a nonprofit organization that is tax 49.36 exempt under chapter 501(c)(3) of the Internal Revenue Code of 50.1 1986; and (iii) provides dental care to patients who have 50.2 difficulty accessing dental care; 50.3 (4) the dentist, dental hygienist, or dental assistant 50.4 agrees to treat indigent patients who meet the eligibility 50.5 criteria established by the clinic; and 50.6 (5) the dentist, dental hygienist, or dental assistant has 50.7 applied to the board for a guest license or registration ,50.8 providing evidence of being currently licensed or registered in50.9 good standing in North Dakota, South Dakota, Iowa, or Wisconsin,50.10 and has paid a nonrefundable license fee to the board of $50not 50.11 to exceed $75. 50.12 (b) A dentist, dental hygienist, or dental assistant50.13 practicing under a guest license or registration may only50.14 practice at a single, specific location in Minnesota.A guest 50.15 license or registration must be renewed annually with the board 50.16 and an annual renewal fee of $50 must be paid to the board. If50.17 the clinic in Minnesota at which a dentist, dental hygienist, or50.18 dental assistant seeks to practice permanently ceases operation,50.19 the guest license or registration issued under this subdivision50.20 is automatically revokednot to exceed $75 must be paid. 50.21 (c) A dentist, dental hygienist, or dental assistant 50.22 practicing under a guest license or registration under this 50.23 subdivision shall have the same obligations as a dentist, dental 50.24 hygienist, or dental assistant who is licensed in Minnesota and 50.25 shall be subject to the laws and rules of Minnesota and the 50.26 regulatory authority of the board. If the board suspends or 50.27 revokes the guest license or registration of, or otherwise 50.28 disciplines, a dentist, dental hygienist, or dental assistant 50.29 practicing under this subdivision, the board shall promptly 50.30 report such disciplinary action to the dentist's, dental 50.31 hygienist's, or dental assistant's regulatory board in the 50.32 border state. 50.33 Subd. 2d. [VOLUNTEER AND RETIRED DENTISTS, DENTAL 50.34 HYGIENISTS, AND REGISTERED DENTAL ASSISTANTS CONTINUING 50.35 EDUCATION AND PROFESSIONAL DEVELOPMENT WAIVER.] (a) The board 50.36 shall grant a waiver to the continuing education requirements 51.1 under this chapter for a licensed dentist, licensed dental 51.2 hygienist, or registered dental assistant who documents to the 51.3 satisfaction of the board that the dentist, dental hygienist, or 51.4 registered dental assistant has retired from active practice in 51.5 the state and limits the provision of dental care services to 51.6 those offered without compensation in a public health, 51.7 community, or tribal clinic or a nonprofit organization that 51.8 provides services to the indigent or to recipients of medical 51.9 assistance, general assistance medical care, or MinnesotaCare 51.10 programs. 51.11 (b) The board may require written documentation from the 51.12 volunteer and retired dentist, dental hygienist, or registered 51.13 dental assistant prior to granting this waiver. 51.14 (c) The board shall require the volunteer and retired 51.15 dentist, dental hygienist, or registered dental assistant to 51.16 meet the following requirements: 51.17 (1) a licensee or registrant seeking a waiver under this 51.18 subdivision must complete and document at least five hours of 51.19 approved courses in infection control, medical emergencies, and 51.20 medical management for the continuing education cycle; and 51.21 (2) provide documentation of certification in advanced or 51.22 basic cardiac life support recognized by the American Heart 51.23 Association, the American Red Cross, or an equivalent entity. 51.24 Subd. 3. [WAIVER OF EXAMINATION.] (a) All or any part of 51.25 the examination for dentists or dental hygienists, except that 51.26 pertaining to the law of Minnesota relating to dentistry and the 51.27 rules of the board, may, at the discretion of the board, be 51.28 waived for an applicant who presents a certificate of 51.29 qualification from the National Board of Dental Examiners or 51.30 evidence of having maintained an adequate scholastic standing as 51.31 determined by the board, in dental school as to dentists, or 51.32 dental hygiene school as to dental hygienists. 51.33 (b) Effective January 1, 2004,The board shall waive the 51.34 clinical examination required for licensure for any dentist 51.35 applicant who is a graduate of a dental school accredited by the 51.36 Commission on Dental Accreditation of the American Dental 52.1 Association or an equivalent organization as determined by the52.2 board, who has successfully completed parts I and IIall 52.3 components of the National boardsBoard examination, and who has 52.4 satisfactorily completed a Minnesota-based postdoctoral general 52.5 dentistry residency or an advanced education in general 52.6 dentistry program after January 1, 2004. The postdoctoral 52.7 program must be accredited by the Commission on Dental 52.8 Accreditation of the American Dental Association if the program52.9 is, be of at least one year's duration, and includesinclude 52.10 an outcome assessment evaluation assessing the resident's 52.11 competence to practice dentistry. The board may require the 52.12 applicant to submit any information deemed necessary by the 52.13 board to determine whether the waiver is applicable. The board 52.14 may waive the clinical examination for an applicant who meets 52.15 the requirements of this paragraph and has satisfactorily 52.16 completed an accredited postdoctoral general dentistry residency 52.17 program located outside of Minnesota. 52.18 Subd. 4. [LICENSURE BY CREDENTIALS.] (a) Any person who is52.19 lawfully practicing dentistry or dental hygiene in another state52.20 or Canadian province having and maintaining a standard of52.21 examination for licensure and of laws regulating the practice52.22 within that state or Canadian province, substantially equivalent52.23 to Minnesota's, as determined by the board, who is a reputable52.24 dentist or dental hygienist of good moral character, and who52.25 deposits, in person, with the Board of Dentistry a certificate52.26 from the board of dentistry of the state or Canadian province in52.27 which the applicant is licensed, certifying to the fact of52.28 licensure and that the applicant is of good moral character and52.29 professional attainments, shall, upon payment of the fee52.30 established by the board, be interviewed by the board. The52.31 interview shall consist of assessing the applicant's knowledge52.32 of dental subjects. If the applicant does not demonstrate the52.33 minimum knowledge in dental subjects required for licensure52.34 under subdivisions 1 and 2, the application shall be denied.52.35 When denying a license, the board may notify the applicant of52.36 any specific course that the applicant could take which, if53.1 passed, would qualify the applicant for licensure. The denial53.2 shall not prohibit the applicant from applying for licensure53.3 under subdivisions 1 and 2. If the applicant demonstrates the53.4 minimum knowledge in dental subjects required for licensure53.5 under subdivisions 1 and 2 and meets the other requirements of53.6 this subdivision, a license shall be granted to practice in this53.7 state, if the applicant passes an examination on the laws of53.8 Minnesota relating to dentistry and the rules of the Board of53.9 Dentistry.dentist or dental hygienist may, upon application and 53.10 payment of a fee established by the board, apply for licensure 53.11 based on the applicant's performance record in lieu of passing 53.12 an examination approved by the board according to section 53.13 150A.03, subdivision 1, and be interviewed by the board to 53.14 determine if the applicant: 53.15 (1) has been in active practice at least 2,000 hours within 53.16 36 months of the application date, or passed a board-approved 53.17 re-entry program within 36 months of the application date; 53.18 (2) currently has a license in another state or Canadian 53.19 province and is not subject to any pending or final disciplinary 53.20 action, or if not currently licensed, previously had a license 53.21 in another state or Canadian province in good standing that was 53.22 not subject to any final or pending disciplinary action at the 53.23 time of surrender; 53.24 (3) is of good moral character and abides by professional 53.25 ethical conduct requirements; 53.26 (4) at board discretion, has passed a board-approved 53.27 English proficiency test if English is not the applicant's 53.28 primary language; and 53.29 (5) meets other credentialing requirements specified in 53.30 board rule. 53.31 (b) An applicant who fulfills the conditions of this 53.32 subdivision and demonstrates the minimum knowledge in dental 53.33 subjects required for licensure under subdivision 1 or 2 must be 53.34 licensed to practice the applicant's profession. 53.35 (c) If the applicant does not demonstrate the minimum 53.36 knowledge in dental subjects required for licensure under 54.1 subdivision 1 or 2, the application must be denied. When 54.2 denying a license, the board may notify the applicant of any 54.3 specific remedy that the applicant could take which, when 54.4 passed, would qualify the applicant for licensure. A denial 54.5 does not prohibit the applicant from applying for licensure 54.6 under subdivision 1 or 2. 54.7 (d) A candidate whose application has been denied may 54.8 appeal the decision to the board according to subdivision 4a. 54.9 Subd. 4a. [APPEAL OF DENIAL OF APPLICATION.] A person 54.10 whose application for licensure or registration by credentials 54.11 has been denied may appeal the decision to the board. The board 54.12 shall establish an appeals process and inform a denied candidate 54.13 of the right to appeal and the process for filing the appeal. 54.14 Subd. 5. [FRAUD IN SECURING LICENSES OR REGISTRATIONS.] 54.15 Every person implicated in employing fraud or deception in 54.16 applying for or securing a license or registration to practice 54.17 dentistry or, dental hygiene, or in applying for or securing a54.18 registration to practicedental assisting or in 54.19 annually registeringrenewing a license or registration under 54.20 sections 150A.01 to 150A.12 is guilty of a gross misdemeanor. 54.21 Subd. 6. [DISPLAY OF NAME AND CERTIFICATES.] The name,54.22 initial license and subsequent renewal, or current registration 54.23 certificate, and annual registration certificateof every 54.24 licenseddentist, dental hygienist, or registereddental 54.25 assistant shall be conspicuously displayed in every office in 54.26 which that person practices, in plain sight of patients. If54.27 there is more than one dentist, dental hygienist, or registered54.28 dental assistant practicing or employed in any office, the54.29 manager or proprietor of the office shall display in plain sight54.30 the name, license certificate and annual registration54.31 certificate of each dentist, dental hygienist, or registered54.32 dental assistant practicing or employed there.Near or on the 54.33 entrance door to every office where dentistry is practiced, the 54.34 name of each dentist practicing there, as inscribed on 54.35 the current license certificate and annual registration54.36 certificate of each dentist, shall be displayed in plain sight. 55.1 Subd. 7. [ADDITIONAL REMEDIES FOR LICENSURE AND 55.2 REGISTRATION.] On a case-by-case basis, for initial or renewal 55.3 of licensure or registration, the board may add additional 55.4 remedies for deficiencies found based on the applicant's 55.5 performance, character, and education. 55.6 Subd. 8. [REGISTRATION BY CREDENTIALS.] (a) Any dental 55.7 assistant may, upon application and payment of a fee established 55.8 by the board, apply for registration based on an evaluation of 55.9 the applicant's education, experience, and performance record in 55.10 lieu of completing a board-approved dental assisting program for 55.11 expanded functions as defined in rule, and may be interviewed by 55.12 the board to determine if the applicant: 55.13 (1) has graduated from an accredited dental assisting 55.14 program accredited by the Commission of Dental Accreditation of 55.15 the American Dental Association, or is currently certified by 55.16 the Dental Assisting National Board; 55.17 (2) is not subject to any pending or final disciplinary 55.18 action in another state or Canadian province, or if not 55.19 currently certified or registered, previously had a 55.20 certification or registration in another state or Canadian 55.21 province in good standing that was not subject to any final or 55.22 pending disciplinary action at the time of surrender; 55.23 (3) is of good moral character and abides by professional 55.24 ethical conduct requirements; 55.25 (4) at board discretion, has passed a board-approved 55.26 English proficiency test if English is not the applicant's 55.27 primary language; and 55.28 (5) has met all expanded functions curriculum equivalency 55.29 requirements of a Minnesota board-approved dental assisting 55.30 program. 55.31 (b) The board, at its discretion, may waive specific 55.32 registration requirements in paragraph (a). 55.33 (c) An applicant who fulfills the conditions of this 55.34 subdivision and demonstrates the minimum knowledge in dental 55.35 subjects required for registration under subdivision 2a must be 55.36 registered to practice the applicant's profession. 56.1 (d) If the applicant does not demonstrate the minimum 56.2 knowledge in dental subjects required for registration under 56.3 subdivision 2a, the application must be denied. If registration 56.4 is denied, the board may notify the applicant of any specific 56.5 remedy that the applicant could take which, when passed, would 56.6 qualify the applicant for registration. A denial does not 56.7 prohibit the applicant from applying for registration under 56.8 subdivision 2a. 56.9 (e) A candidate whose application has been denied may 56.10 appeal the decision to the board according to subdivision 4a. 56.11 Sec. 2. Minnesota Statutes 2002, section 150A.08, 56.12 subdivision 1, is amended to read: 56.13 Subdivision 1. [GROUNDS.] The board may refuse or by order 56.14 suspend or revoke, limit or modify by imposing conditions it 56.15 deems necessary, any license to practice dentistry or dental 56.16 hygiene or the registration of any dental assistant upon any of 56.17 the following grounds: 56.18 (1) fraud or deception in connection with the practice of 56.19 dentistry or the securing of a license or annualregistration 56.20 certificate; 56.21 (2) conviction, including a finding or verdict of guilt, an 56.22 admission of guilt, or a no contest plea, in any court of a 56.23 felony or gross misdemeanor reasonably related to the practice 56.24 of dentistry as evidenced by a certified copy of the conviction; 56.25 (3) conviction, including a finding or verdict of guilt, an 56.26 admission of guilt, or a no contest plea, in any court of an 56.27 offense involving moral turpitude as evidenced by a certified 56.28 copy of the conviction; 56.29 (4) habitual overindulgence in the use of intoxicating 56.30 liquors; 56.31 (5) improper or unauthorized prescription, dispensing, 56.32 administering, or personal or other use of any legend drug as 56.33 defined in chapter 151, of any chemical as defined in chapter 56.34 151, or of any controlled substance as defined in chapter 152; 56.35 (6) conduct unbecoming a person licensed to practice 56.36 dentistry or dental hygiene or registered as a dental assistant, 57.1 or conduct contrary to the best interest of the public, as such 57.2 conduct is defined by the rules of the board; 57.3 (7) gross immorality; 57.4 (8) any physical, mental, emotional, or other disability 57.5 which adversely affects a dentist's, dental hygienist's, or 57.6 registered dental assistant's ability to perform the service for 57.7 which the person is licensed or registered; 57.8 (9) revocation or suspension of a license, registration, or 57.9 equivalent authority to practice, or other disciplinary action 57.10 or denial of a license or registration application taken by a 57.11 licensing, registering, or credentialing authority of another 57.12 state, territory, or country as evidenced by a certified copy of 57.13 the licensing authority's order, if the disciplinary action or 57.14 application denial was based on facts that would provide a basis 57.15 for disciplinary action under this chapter and if the action was 57.16 taken only after affording the credentialed person or applicant 57.17 notice and opportunity to refute the allegations or pursuant to 57.18 stipulation or other agreement; 57.19 (10) failure to maintain adequate safety and sanitary 57.20 conditions for a dental office in accordance with the standards 57.21 established by the rules of the board; 57.22 (11) failure to maintain malpractice insurance related to 57.23 the practice of dentistry; 57.24 (12) employing, assisting, or enabling in any manner an 57.25 unlicensed person to practice dentistry; 57.26 (12)(13) failure or refusal to attend, testify, and 57.27 produce records as directed by the board under subdivision 7; 57.28 (13)(14) violation of, or failure to comply with, any 57.29 other provisions of sections 150A.01 to 150A.12, the rules of 57.30 the Board of Dentistry, or any disciplinary order issued by the 57.31 board, section 144.335 or 595.02, subdivision 1, paragraph (d), 57.32 or for any other just cause related to the practice of 57.33 dentistry. Suspension, revocation, modification or limitation 57.34 of any license shall not be based upon any judgment as to 57.35 therapeutic or monetary value of any individual drug prescribed 57.36 or any individual treatment rendered, but only upon a repeated 58.1 pattern of conduct; 58.2 (14)(15) knowingly providing false or misleading 58.3 information that is directly related to the care of that patient 58.4 unless done for an accepted therapeutic purpose such as the 58.5 administration of a placebo; or 58.6 (15)(16) aiding suicide or aiding attempted suicide in 58.7 violation of section 609.215 as established by any of the 58.8 following: 58.9 (i) a copy of the record of criminal conviction or plea of 58.10 guilty for a felony in violation of section 609.215, subdivision 58.11 1 or 2; 58.12 (ii) a copy of the record of a judgment of contempt of 58.13 court for violating an injunction issued under section 609.215, 58.14 subdivision 4; 58.15 (iii) a copy of the record of a judgment assessing damages 58.16 under section 609.215, subdivision 5; or 58.17 (iv) a finding by the board that the person violated 58.18 section 609.215, subdivision 1 or 2. The board shall 58.19 investigate any complaint of a violation of section 609.215, 58.20 subdivision 1 or 2. 58.21 Sec. 3. Minnesota Statutes 2002, section 150A.09, 58.22 subdivision 4, is amended to read: 58.23 Subd. 4. [DUPLICATE CERTIFICATES.] Duplicate licenses or 58.24 duplicate annualcertificates of license renewal may be issued 58.25 by the board upon satisfactory proof of the need for the 58.26 duplicates and upon payment of the fee established by the board. 58.27 ARTICLE 8 58.28 PODIATRISTS MEDICAL LICENSING MODIFICATIONS 58.29 Section 1. Minnesota Statutes 2002, section 153.01, 58.30 subdivision 2, is amended to read: 58.31 Subd. 2. [PODIATRIC MEDICINE.] "Podiatric medicine" means 58.32 the diagnosis or medical, mechanical, or surgical treatment of 58.33 the ailments of the human hand, foot, ankle, and the soft tissue 58.34 of the lower leg distal to the tibial tuberosity , including. 58.35 Medical or surgical treatment includes partial foot 58.36 amputation of the toe, but not includingand excludes amputation 59.1 of the foot,hand ,or fingers , or the. Use of local 59.2 anesthetics is within the scope of medical and surgical 59.3 management in patient care. Use of anesthetics, other than 59.4 local anesthetics, is excluded, except as provided in section 59.5 153.26. Podiatric medicine includes the prescribing or 59.6 recommending of appliances, devices, or shoes for the correction 59.7 or relief of foot ailments. Podiatric medicine includes the 59.8 prescribing or administering of any drugs or medications 59.9 necessary or helpful to the practice of podiatrypodiatric 59.10 medicine as defined by this subdivision , provided, however, that59.11 licensed podiatrists shall be restricted in their prescribing or59.12 administering of any drugs or medications by the limitations59.13 imposed on the scope of practice of podiatric medicine as59.14 defined in this chapter. Podiatric medicine includes the 59.15 performance of all or part of the medical history and physical 59.16 examination for the purpose of hospital admission for podiatric 59.17 management or preoperative podiatric surgery unless the patient 59.18 is high risk or has a disease or condition that requires 59.19 treatment that is beyond the practice of podiatric medicine. 59.20 Podiatric medicine also includes the cosigning of a medical 59.21 history and physical examination by a licensed podiatric 59.22 physician that has been performed by a physician licensed under 59.23 chapter 147 who does not have privileges or credentials at the 59.24 facility where the podiatric surgery is to be performed. 59.25 Sec. 2. Minnesota Statutes 2002, section 153.16, 59.26 subdivision 1, is amended to read: 59.27 Subdivision 1. [LICENSE REQUIREMENTS.] The board shall 59.28 issue a license to practice podiatric medicine to a person who 59.29 meets the following requirements: 59.30 (a) The applicant for a license shall file a written 59.31 notarized application on forms provided by the board, showing to 59.32 the board's satisfaction that the applicant is of good moral 59.33 character and satisfies the requirements of this section. 59.34 (b) The applicant shall present evidence satisfactory to 59.35 the board of being a graduate of a podiatric medical school 59.36 approved by the board based upon its faculty, curriculum, 60.1 facilities, accreditation by a recognized national accrediting 60.2 organization approved by the board, and other relevant factors. 60.3 (c) The applicant must have passed an examinationreceived 60.4 a passing score on each part of the national board examinations, 60.5 parts one and two, prepared and graded by the National Board of 60.6 Podiatric Medical Examiners and also pass a state clinical60.7 examination prepared and graded by the state Board of Podiatric60.8 Medicine or a national clinical examination prepared and graded60.9 by the National Board of Podiatric Medical Examiners. The board60.10 shall by rule determine what score constitutes a passing score60.11 in each examination. The passing score for each part of the 60.12 national board examinations, parts one and two, is as defined by 60.13 the National Board of Podiatric Medical Examiners. 60.14 (d) Applicants graduating after 1986 from a podiatric 60.15 medical school shall present evidence satisfactory to the board 60.16 of the completion of (1) one year of graduate, clinical 60.17 residency or preceptorship in a program accredited by a national 60.18 accrediting organization approved by the board or (2) other 60.19 graduate training that meets standards equivalent to those of an 60.20 approved national accrediting organization or school of 60.21 podiatric medicine. 60.22 (e) The applicant shall appear in person before the board 60.23 or its designated representative to show that the applicant 60.24 satisfies the requirements of this section, including knowledge 60.25 of laws, rules, and ethics pertaining to the practice of 60.26 podiatric medicine. The board may establish as internal 60.27 operating procedures the procedures or requirements for the 60.28 applicant's personal presentation. 60.29 (f) The applicant shall pay a fee established by the board 60.30 by rule. The fee shall not be refunded. 60.31 (g) The applicant must not have engaged in conduct 60.32 warranting disciplinary action against a licensee. If the 60.33 applicant does not satisfy the requirements of this paragraph, 60.34 the board may refuse to issue a license unless it determines 60.35 that the public will be protected through issuance of a license 60.36 with conditions and limitations the board considers appropriate. 61.1 (h) Upon payment of a fee as the board may require, an 61.2 applicant who fails to pass an examination and is refused a 61.3 license is entitled to reexamination within one year of the 61.4 board's refusal to issue the license. No more than two 61.5 reexaminations are allowed without a new application for a 61.6 license. 61.7 Sec. 3. Minnesota Statutes 2002, section 153.16, 61.8 subdivision 2, is amended to read: 61.9 Subd. 2. [APPLICANTS LICENSED IN ANOTHER STATE.] The board 61.10 shall issue a license to practice podiatric medicine to any 61.11 person currently or formerly licensed to practice podiatric 61.12 medicine in another state who satisfies the requirements of this 61.13 section: 61.14 (a) The applicant shall satisfy the requirements 61.15 established in subdivision 1. 61.16 (b) The applicant shall present evidence satisfactory to 61.17 the board indicating the current status of a license to practice 61.18 podiatric medicine issued by the proper agency in another state61.19 or countryfirst state of licensure and all other states and 61.20 countries in which the individual has held a license. 61.21 (c) If the applicant must not havehas had a license 61.22 revoked, engaged in conduct warranting disciplinary action 61.23 against a licenseethe applicant's license, or been subjected to 61.24 disciplinary action, in another state . If an applicant does not61.25 satisfy the requirements of this paragraph, the board may refuse 61.26 to issue a license unless it determines that the public will be 61.27 protected through issuance of a license with conditions or 61.28 limitations the board considers appropriate. 61.29 (d) The applicant shall submit with the license application 61.30 the following additional information for the five-year period 61.31 preceding the date of filing of the application: (1) the name 61.32 and address of the applicant's professional liability insurer in 61.33 the other state; and (2) the number, date, and disposition of 61.34 any podiatric medical malpractice settlement or award made to 61.35 the plaintiff relating to the quality of podiatric medical 61.36 treatment. 62.1 (e) If the license is active, the applicant shall submit 62.2 with the license application evidence of compliance with the 62.3 continuing education requirements in the current state of 62.4 licensure. 62.5 (f) If the license is inactive, the applicant shall submit 62.6 with the license application evidence of participation in 62.7 one-half the number of hours of acceptable continuing education 62.8 required for biennial renewal, as specified in rule, up to five 62.9 years. If the license has been inactive for more than two 62.10 years, the amount of acceptable continuing education required 62.11 must be obtained during the two years immediately before 62.12 application or the applicant must provide other evidence as the 62.13 board may reasonably require. 62.14 Sec. 4. Minnesota Statutes 2002, section 153.19, 62.15 subdivision 1, is amended to read: 62.16 Subdivision 1. [GROUNDS LISTED.] The board may refuse to 62.17 grant a license or may impose disciplinary action as described 62.18 in this section against any doctor of podiatric medicine. The 62.19 following conduct is prohibited and is grounds for disciplinary 62.20 action: 62.21 (1) failure to demonstrate the qualifications or satisfy 62.22 the requirements for a license contained in this chapter or 62.23 rules of the board; the burden of proof shall be upon the 62.24 applicant to demonstrate the qualifications or satisfaction of 62.25 the requirements; 62.26 (2) obtaining a license by fraud or cheating or attempting 62.27 to subvert the licensing examination process; 62.28 (3) conviction, during the previous five years, of a felony 62.29 reasonably related to the practice of podiatric medicine; 62.30 (4) revocation, suspension, restriction, limitation, or 62.31 other disciplinary action against the person's podiatric medical 62.32 license in another state or jurisdiction, failure to report to 62.33 the board that charges regarding the person's license have been 62.34 brought in another state or jurisdiction, or having been refused 62.35 a license by any other state or jurisdiction; 62.36 (5) advertising that is false or misleading; 63.1 (6) violating a rule adopted by the board or an order of 63.2 the board, a state, or federal law that relates to the practice 63.3 of podiatric medicine, or in part regulates the practice of 63.4 podiatric medicine, or a state or federal narcotics or 63.5 controlled substance law; 63.6 (7) engaging in any unethical conduct; conduct likely to 63.7 deceive, defraud, or harm the public, or demonstrating a willful 63.8 or careless disregard for the health, welfare, or safety of a 63.9 patient; or podiatric medical practice that is professionally 63.10 incompetent, in that it may create unnecessary danger to any 63.11 patient's life, health, or safety, in any of which cases, proof 63.12 of actual injury need not be established; 63.13 (8) failure to supervise a preceptor or, resident, other 63.14 graduate trainee or undergraduate student; 63.15 (9) aiding or abetting an unlicensed person in the practice 63.16 of podiatric medicine, except that it is not a violation of this 63.17 clause for a podiatrist to employ, supervise, or delegate 63.18 functions to a qualified person who may or may not be required 63.19 to obtain a license or registration to provide health services 63.20 if that person is practicing within the scope of that person's 63.21 license or registration or delegated authority; 63.22 (10) adjudication as mentally incompetent, or a person who 63.23 is mentally ill, or as a chemically dependent person, a person 63.24 dangerous to the public, a sexually dangerous person, or a 63.25 person who has a sexual psychopathic personality by a court of 63.26 competent jurisdiction, within or without this state; 63.27 (11) engaging in unprofessional conduct that includes any 63.28 departure from or the failure to conform to the minimal 63.29 standards of acceptable and prevailing podiatric medical 63.30 practice, but actual injury to a patient need not be 63.31 established; 63.32 (12) inability to practice podiatric medicine with 63.33 reasonable skill and safety to patients by reason of illness or 63.34 chemical dependency or as a result of any mental or physical 63.35 condition, including deterioration through the aging process or 63.36 loss of motor skills; 64.1 (13) revealing a privileged communication from or relating 64.2 to a patient except when otherwise required or permitted by law; 64.3 (14) improper management of medical records, including 64.4 failure to maintain adequate medical records, to comply with a 64.5 patient's request made under section 144.335 or to furnish a 64.6 medical record or report required by law; 64.7 (15) accepting, paying, or promising to pay a part of a fee 64.8 in exchange for patient referrals; 64.9 (16) engaging in abusive or fraudulent billing practices, 64.10 including violations of the federal Medicare and Medicaid laws 64.11 or state medical assistance laws; 64.12 (17) becoming addicted or habituated to a drug or 64.13 intoxicant; 64.14 (18) prescribing a drug for other than medically accepted 64.15 therapeutic or experimental or investigative purposes authorized 64.16 by a state or federal agency; 64.17 (19) engaging in sexual conduct with a patient or conduct 64.18 that may reasonably be interpreted by the patient as sexual, or 64.19 in verbal behavior which is seductive or sexually demeaning to a 64.20 patient; 64.21 (20) failure to make reports as required by section 153.24 64.22 or to cooperate with an investigation of the board as required 64.23 by section 153.20; 64.24 (21) knowingly providing false or misleading information 64.25 that is directly related to the care of that patient unless done 64.26 for an accepted therapeutic purpose such as the administration 64.27 of a placebo. 64.28 Sec. 5. Minnesota Statutes 2002, section 153.24, 64.29 subdivision 4, is amended to read: 64.30 Subd. 4. [INSURERS.] Four times a year as prescribed by64.31 the board, by the first day of the months of February, May, 64.32 August, and November of each year, each insurer authorized to 64.33 sell insurance described in section 60A.06, subdivision 1, 64.34 clause (13), and providing professional liability insurance to 64.35 podiatrists shall submit to the board a report concerning the 64.36 podiatrists against whom podiatric medical malpractice 65.1 settlements or awards have been made to the plaintiff. The 65.2 report must contain at least the following information: 65.3 (1) the total number of podiatric malpractice settlements 65.4 or awards made to the plaintiff; 65.5 (2) the date the podiatric malpractice settlements or 65.6 awards to the plaintiff were made; 65.7 (3) the allegations contained in the claim or complaint 65.8 leading to the settlements or awards made to the plaintiff; 65.9 (4) the dollar amount of each podiatric malpractice 65.10 settlement or award; 65.11 (5) the regular address of the practice of the podiatrist 65.12 against whom an award was made or with whom a settlement was 65.13 made; and 65.14 (6) the name of the podiatrist against whom an award was 65.15 made or with whom a settlement was made. 65.16 The insurance company shall, in addition to the foregoing 65.17 information, report to the board any information it has that 65.18 tends to substantiate a charge that a podiatrist may have 65.19 engaged in conduct violating the law as specified in this 65.20 chapter. 65.21 Sec. 6. Minnesota Statutes 2002, section 153.25, 65.22 subdivision 1, is amended to read: 65.23 Subdivision 1. [REPORTING.] Any person, health care 65.24 facility, business, or organization is immune from civil 65.25 liability or criminal prosecution for submitting a report to the 65.26 board under section 153.24 or for otherwise reporting to the 65.27 board violations or alleged violations of section 65.28 153.19. Reports are confidential data on individuals under 65.29 section 13.02, subdivision 3, and are privileged communications. 65.30 Sec. 7. [REPEALER.] 65.31 Minnesota Rules, parts 6900.0020, subparts 3, 3a, 9, and 65.32 10; and 6900.0400, are repealed. 65.33 ARTICLE 9 65.34 APPLICATION FOR DESIGNATION OF AN ESSENTIAL COMMUNITY PROVIDER 65.35 Section 1. Minnesota Statutes 2003 Supplement, section 65.36 62Q.19, subdivision 2, is amended to read: 66.1 Subd. 2. [APPLICATION.] (a) Any provider may apply to the 66.2 commissioner for designation as an essential community provider 66.3 by submitting an application form developed by the 66.4 commissioner. Except as provided in paragraphs (d) and (e), 66.5 applications must be accepted within two years after the 66.6 effective date of the rules adopted by the commissioner to 66.7 implement this section. 66.8 (b) Each application submitted must be accompanied by an 66.9 application fee in an amount determined by the commissioner. 66.10 The fee shall be no more than what is needed to cover the 66.11 administrative costs of processing the application. 66.12 (c) The name, address, contact person, and the date by 66.13 which the commissioner's decision is expected to be made shall 66.14 be classified as public data under section 13.41. All other 66.15 information contained in the application form shall be 66.16 classified as private data under section 13.41 until the 66.17 application has been approved, approved as modified, or denied 66.18 by the commissioner. Once the decision has been made, all 66.19 information shall be classified as public data unless the 66.20 applicant designates and the commissioner determines that the 66.21 information contains trade secret information. 66.22 (d) The commissioner shall accept an application for 66.23 designation as an essential community provider until June 30, 66.24 20012004, from :66.25 (1)one applicant that is a nonprofit community health care66.26 facility,services agency certified as a medical assistance 66.27 provider effective April 1, 1998,that provides culturally66.28 competent health care to an underserved Southeast Asian66.29 immigrant and refugee population residing in the immediate66.30 neighborhood of the facility;66.31 (2) one applicant that is a nonprofit home health care66.32 provider, certified as a Medicare and a medical assistance66.33 provider that provides culturally competent home health care66.34 services to a low-income culturally diverse population;66.35 (3) up to five applicants that are nonprofit community66.36 mental health centers certified as medical assistance providers67.1 that provide mental health services to children with serious67.2 emotional disturbance and their families or to adults with67.3 serious and persistent mental illness; and67.4 (4) one applicant that is a nonprofit provider certified as67.5 a medical assistance provider that provides mental health, child67.6 development, and family services to children with physical and67.7 mental health disorders and their families.67.8 (e) The commissioner shall accept an application for67.9 designation as an essential community provider until June 30,67.10 2003, from one applicant that is a nonprofit community clinic67.11 located in Hennepin County that provides health care to an67.12 underserved American Indian population and that is collaborating67.13 with other neighboring organizations on a community diabetes67.14 project and an immunization project.mental health, behavioral 67.15 health, chemical dependency, employment, and health wellness 67.16 services to the underserved Spanish-speaking Latino families and 67.17 individuals with locations in Minneapolis and St. Paul. 67.18 Sec. 2. [EFFECTIVE DATE.] 67.19 Section 1 is effective the day following final enactment. 67.20 ARTICLE 10 67.21 EDUCATION AND PRECAUTIONS REGARDING VACCINES 67.22 Section 1. Minnesota Statutes 2003 Supplement, section 67.23 121A.15, subdivision 3a, is amended to read: 67.24 Subd. 3a. [DISCLOSURES REQUIRED.] (a) This paragraph 67.25 applies to any written information about immunization 67.26 requirements for enrollment in a school or child care facility 67.27 that: 67.28 (1) is provided to a person to be immunized or enrolling or 67.29 enrolled in a school or child care facility, or to the person's 67.30 parent or guardian if the person is under 18 years of age and 67.31 not emancipated; and 67.32 (2) is provided by the Department of Health; the Department 67.33 of Education; the Department of Human Services; an immunization 67.34 provider; or a school or child care facility. 67.35 Such written information must describe the exemptions from 67.36 immunizations permitted under subdivision 3, paragraphs (c) and 68.1 (d). The information on exemptions from immunizations provided 68.2 according to this paragraph must be in a font size at least 68.3 equal to the font size of the immunization requirements, in the 68.4 same font style as the immunization requirements, and on the 68.5 same page of the written document as the immunization 68.6 requirements. 68.7 (b) Before immunizing a person, an immunization provider 68.8 must provide the person, or the person's parent or guardian if 68.9 the person is under 18 years of age and not emancipated, with 68.10 the following information in writing: 68.11 (1) a list of the immunizations required for enrollment in 68.12 a school or child care facility; 68.13 (2) a description of the exemptions from immunizations 68.14 permitted under subdivision 3, paragraphs (c) and (d); 68.15 (3) a list of additional immunizations currently 68.16 recommended by the commissioner; and 68.17 (4) in accordance with federal law, a copy of the vaccine 68.18 information sheet from the federal Department of Health and 68.19 Human Services that lists possible adverse reactions to the 68.20 immunization to be provided. 68.21 (c) The commissioner will continue the educational campaign 68.22 to providers and hospitals on vaccine safety including, but not 68.23 limited to, information on the vaccine adverse events reporting 68.24 system (VAERS), the federal vaccine information statements 68.25 (VIS), and medical precautions and contraindications to 68.26 immunizations. 68.27 (d) The commissioner will encourage providers to provide 68.28 the vaccine information statements at multiple visits and in 68.29 anticipation of subsequent immunizations. 68.30 (e) The commissioner will encourage providers to use 68.31 existing screening for immunization precautions and 68.32 contraindication materials and make proper use of the vaccine 68.33 adverse events reporting system (VAERS). 68.34 (f) In consultation with groups and people identified in 68.35 subdivision 12, paragraph (a), clause (1), the commissioner will 68.36 continue to develop and make available patient education 69.1 materials on immunizations including, but not limited to, 69.2 contraindications and precautions regarding vaccines. 69.3 (g) The commissioner will encourage health care providers 69.4 to use thimerosal-free vaccines when available. 69.5 Sec. 2. Minnesota Statutes 2003 Supplement, section 69.6 121A.15, subdivision 12, is amended to read: 69.7 Subd. 12. [MODIFICATIONS TO SCHEDULE.] (a) The 69.8 commissioner of health may adopt modifications to the 69.9 immunization requirements of this section. A proposed 69.10 modification made under this subdivision must be part of the 69.11 current immunization recommendations of each of the following 69.12 organizations: the United States Public Health Service's 69.13 Advisory Committee on Immunization Practices, the American 69.14 Academy of Family Physicians, and the American Academy of 69.15 Pediatrics. In proposing a modification to the immunization 69.16 schedule, the commissioner must: 69.17 (1) consult with (i) the commissioner of education; the 69.18 commissioner of human services; the chancellor of the Minnesota 69.19 State Colleges and Universities; and the president of the 69.20 University of Minnesota; and (ii) the Minnesota Natural Health 69.21 Coalition, Vaccine Awareness Minnesota, Biological Education for 69.22 Autism Treatment (BEAT), the Minnesota Academy of Family 69.23 Physicians, the American Academy of Pediatrics-Minnesota 69.24 Chapter, and the Minnesota Nurses Association; and 69.25 (2) consider the following criteria: the epidemiology of 69.26 the disease, the morbidity and mortality rates for the disease, 69.27 the safety and efficacy of the vaccine, the cost of a 69.28 vaccination program, the cost of enforcing vaccination 69.29 requirements, and a cost-benefit analysis of the vaccination. 69.30 (b) Before a proposed modification may be adopted, the 69.31 commissioner must notify the chairs of the house and senate 69.32 committees with jurisdiction over health policy issues. If the 69.33 chairs of the relevant standing committees determine a public 69.34 hearing regarding the proposed modifications is in order, the 69.35 hearing must be scheduled within 60 days of receiving notice 69.36 from the commissioner. If a hearing is scheduled, the 70.1 commissioner may not adopt any proposed modifications until 70.2 after the hearing is held. 70.3 (c) The commissioner shall comply with the requirements of 70.4 chapter 14 regarding the adoption of any proposed modifications 70.5 to the immunization schedule. 70.6 (d) In addition to the publication requirements of chapter 70.7 14, the commissioner of health must inform all immunization 70.8 providers of any adopted modifications to the immunization 70.9 schedule in a timely manner.