4th 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; appropriating money; amending Minnesota 1.12 Statutes 2002, sections 12.03, subdivision 4d; 12.39, 1.13 subdivision 2; 144.419, subdivision 1; 144.4195, 1.14 subdivisions 1, 2, 3, 5; 147A.02; 147A.20; 147B.01, by 1.15 adding a subdivision; 147B.06, subdivision 4; 148.211, 1.16 subdivision 1; 148.284; 148.512, subdivisions 9, 19, 1.17 by adding a subdivision; 148.6402, by adding a 1.18 subdivision; 148.6403, subdivision 5; 148.6405; 1.19 148.6428; 148.6443, subdivisions 1, 5; 150A.06, as 1.20 amended; 150A.08, subdivision 1; 150A.09, subdivision 1.21 4; 153.01, subdivision 2; 153.16, subdivisions 1, 2; 1.22 153.19, subdivision 1; 153.24, subdivision 4; 153.25, 1.23 subdivision 1; 192.502; Minnesota Statutes 2003 1.24 Supplement, sections 13.37, subdivision 3; 62Q.19, 1.25 subdivision 2; 121A.15, subdivisions 3a, 12; 147A.09, 1.26 subdivision 2; 148.212, subdivision 1; 148.511; 1.27 148.512, subdivisions 12, 13; 148.513, subdivisions 1, 1.28 2; 148.5161, subdivisions 1, 4, 6; 148.5175; 148.518; 1.29 148.5193, subdivisions 1, 6a; 148.5195, subdivision 3; 1.30 148.5196, subdivision 3; 148B.52; 148B.53, 1.31 subdivisions 1, 3; 148B.54; 148B.55; 148B.59; 148C.04, 1.32 subdivision 6; 148C.075, subdivision 2, by adding a 1.33 subdivision; 148C.11, subdivision 6, by adding a 1.34 subdivision; 148C.12, subdivisions 2, 3; proposing 1.35 coding for new law in Minnesota Statutes, chapters 12; 1.36 144; 148; 148B; 197; repealing Minnesota Statutes 1.37 2002, sections 147B.02, subdivision 5; Laws 2002, 1.38 chapter 402, section 21; Minnesota Rules, parts 1.39 6900.0020, subparts 3, 3a, 9, 10; 6900.0400. 1.40 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.41 ARTICLE 1 1.42 DEPARTMENT OF HEALTH LICENSING 2.1 Section 1. Minnesota Statutes 2003 Supplement, section 2.2 148.511, is amended to read: 2.3 148.511 [SCOPE.] 2.4 Sections 148.511 to 148.5196 apply to persons who are 2.5 applicants for licensure, who use protected titles, who 2.6 represent that they are licensed, or who engage in the practice 2.7 of speech-language pathology or audiology. Sections 148.511 to 2.8 148.5196 do not apply to school personnel licensed by the Board 2.9 of Teaching and practicing within the scope of their school 2.10 license under Minnesota Rules, part 8710.6000, or the 2.11 paraprofessionals who assist these individuals. 2.12 Sec. 2. Minnesota Statutes 2002, section 148.512, 2.13 subdivision 9, is amended to read: 2.14 Subd. 9. [CONTINUING EDUCATION.] "Continuing education" is 2.15 a planned learning experience in speech-language pathology or 2.16 audiology not including the basic educational program leading to 2.17 a degree if the education is used by the
registrantlicensee for 2.18 credit to achieve a baccalaureate or master's degree in 2.19 speech-language pathology or audiology. 2.20 Sec. 3. Minnesota Statutes 2003 Supplement, section 2.21 148.512, subdivision 12, is amended to read: 2.22 Subd. 12. [PRACTICE OF AUDIOLOGY.] The "practice of 2.23 audiology" means: 2.24 (1) identification, assessment, and interpretation, 2.25 diagnosis, rehabilitation, and prevention of hearing disorders; 2.26 (2) conservation of the auditory system function; 2.27 development and implementation of hearing conservation programs; 2.28 (3) measurement, assessment, and interpretation of auditory 2.29 and vestibular function; 2.30 (4) selecting, fitting, and dispensing of assistive 2.31 listening devices, alerting and amplification devices, and 2.32 systems for personal and public use, including hearing aids and 2.33 devices, and providing training in their use; 2.34 (5) aural habilitation and rehabilitation and related 2.35 counseling for hearing impaired individuals and their families; 2.36 (6) screening of speech, language, voice, or fluency for 3.1 the purposes of audiologic evaluation or identification of 3.2 possible communication disorders; or 3.3 (7) teaching of, consultation or research about, or3.4 supervision of the functions in clauses (1) to (6). 3.5 The practice of audiology does not include the practice of 3.6 medicine and surgery, or osteopathic medicine and surgery, or 3.7 medical diagnosis that is commonly performed by a physician. 3.8 Sec. 4. Minnesota Statutes 2003 Supplement, section 3.9 148.512, subdivision 13, is amended to read: 3.10 Subd. 13. [PRACTICE OF SPEECH-LANGUAGE PATHOLOGY.] The 3.11 "practice of speech-language pathology" means: 3.12 (1) identification, assessment, and interpretation, 3.13 diagnosis, habilitation, rehabilitation, treatment and 3.14 prevention of disorders of speech, articulation, fluency, voice, 3.15 and language; 3.16 (2) identification, assessment, and interpretation, 3.17 diagnosis, habilitation, and rehabilitation of disorders of 3.18 oral-pharyngeal function and related disorders; 3.19 (3) identification, assessment, and interpretation, 3.20 diagnosis, habilitation, and rehabilitation of communication 3.21 disorders associated with cognition; 3.22 (4) assessing, selecting, and developing augmentative and 3.23 alternative communication systems and providing training in 3.24 their use; 3.25 (5) aural habilitation and rehabilitation and related 3.26 counseling for hearing impaired individuals and their families; 3.27 (6) enhancing speech-language proficiency and communication 3.28 effectiveness; 3.29 (7) audiometric screening for the purposes of 3.30 speech-language evaluation or for the identification of possible 3.31 hearing disorders; or 3.32 (8) teaching of, consultation or research about, or3.33 supervision of the functions in clauses (1) to (7). 3.34 The practice of speech-language pathology does not include 3.35 the practice of medicine and surgery, or osteopathic medicine 3.36 and surgery, or medical diagnosis that is commonly performed by 4.1 a physician. 4.2 Sec. 5. Minnesota Statutes 2002, section 148.512, is 4.3 amended by adding a subdivision to read: 4.4 Subd. 17a. [SPEECH-LANGUAGE PATHOLOGY 4.5 ASSISTANT.] "Speech-language pathology assistant" means a person 4.6 who provides speech-language pathology services under the 4.7 supervision of a licensed speech-language pathologist in 4.8 accordance with section 148.5192. 4.9 Sec. 6. Minnesota Statutes 2002, section 148.512, 4.10 subdivision 19, is amended to read: 4.11 Subd. 19. [SUPERVISION.] "Supervision" means the direct or 4.12 indirect evaluation or direction of: 4.13 (1) a practitioner of speech-language pathology or 4.14 audiology; 4.15 (2) a person performing a function of supervised clinical 4.16 training as a student of speech-language pathology or audiology; 4.17 or4.18 (3) a person performing a function of supervised 4.19 postgraduate clinical experience in speech-language pathology or 4.20 audiology; or 4.21 (4) a speech-language pathology assistant in accordance 4.22 with section 148.5192. 4.23 Sec. 7. Minnesota Statutes 2003 Supplement, section 4.24 148.513, subdivision 1, is amended to read: 4.25 Subdivision 1. [UNLICENSED PRACTICE PROHIBITED.] A person 4.26 must not engage in the practice of speech-language pathology or 4.27 audiology unless the person is licensed as a speech-language 4.28 pathologist or an audiologist under sections 148.511 to 148.5196 4.29 or is practicing as a speech-language pathology assistant in 4.30 accordance with section 148.5192. For purposes of this 4.31 subdivision, a speech-language pathology assistant's duties are 4.32 limited to the duties described in accordance with section 4.33 148.5192, subdivision 2. 4.34 Sec. 8. Minnesota Statutes 2003 Supplement, section 4.35 148.513, subdivision 2, is amended to read: 4.36 Subd. 2. [PROTECTED TITLES AND RESTRICTIONS ON USE.] (a) 5.1 Notwithstanding paragraph (b), the use of the following terms or 5.2 initials which represent the following terms, alone or in 5.3 combination with any word or words, by any person to form an 5.4 occupational title is prohibited unless that person is licensed 5.5 under sections 148.511 to 148.5196: 5.6 (1) speech-language; 5.7 (2) speech-language pathologist, S, SP, or SLP; 5.8 (3) speech pathologist; 5.9 (4) language pathologist; 5.10 (5) audiologist, A, or AUD; 5.11 (6) speech therapist; 5.12 (7) speech clinician; 5.13 (8) speech correctionist; 5.14 (9) language therapist; 5.15 (10) voice therapist; 5.16 (11) voice pathologist; 5.17 (12) logopedist; 5.18 (13) communicologist; 5.19 (14) aphasiologist; 5.20 (15) phoniatrist; 5.21 (16) audiometrist; 5.22 (17) audioprosthologist; 5.23 (18) hearing therapist; 5.24 (19) hearing clinician; or 5.25 (20) hearing aid audiologist. 5.26 Use of the term "Minnesota licensed" in conjunction with 5.27 the titles protected under this sectionparagraph by any person 5.28 is prohibited unless that person is licensed under sections 5.29 148.511 to 148.5196. 5.30 (b) A speech-language pathology assistant practicing under 5.31 section 148.5192 must not represent, indicate, or imply to the 5.32 public that the assistant is a licensed speech-language 5.33 pathologist and shall only utilize one of the following titles: 5.34 "speech-language pathology assistant," "SLP assistant," or "SLP 5.35 asst." 5.36 Sec. 9. Minnesota Statutes 2003 Supplement, section 6.1 148.5161, subdivision 1, is amended to read: 6.2 Subdivision 1. [APPLICATION.] Clinical fellowship and 6.3 doctoral externship candidates must be licensed with a clinical 6.4 fellowship or doctoral externship license. The commissioner 6.5 shall issue clinical fellowship licensure or doctoral externship 6.6 licensure as a speech-language pathologist or audiologist to an 6.7 applicant who has applied for licensure under section 148.515, 6.8 who is not the subject of a disciplinary action or past 6.9 disciplinary action, and who has not violated a provision of 6.10 section 148.5195, subdivision 3. 6.11 Sec. 10. Minnesota Statutes 2003 Supplement, section 6.12 148.5161, subdivision 4, is amended to read: 6.13 Subd. 4. [DOCTORAL EXTERNSHIP LICENSURE.] Doctoral 6.14 candidates in audiology completing their final externship as 6.15 part of their training program are eligible to receive a 6.16 provisionaldoctoral externship license in audiology and are not 6.17 required to complete the postgraduate clinical fellowship year. 6.18 Sec. 11. Minnesota Statutes 2003 Supplement, section 6.19 148.5161, subdivision 6, is amended to read: 6.20 Subd. 6. [TITLE USED.] A licensee with a clinical 6.21 fellowship or doctoral externship shall be identified by one of 6.22 the protected titles and a designation indicating clinical 6.23 fellowship status or doctoral externship status. 6.24 Sec. 12. Minnesota Statutes 2003 Supplement, section 6.25 148.5175, is amended to read: 6.26 148.5175 [TEMPORARY LICENSURE.] 6.27 (a) The commissioner shall issue temporary licensure as a 6.28 speech-language pathologist, an audiologist, or both, to an 6.29 applicant who has applied for licensure under section 148.515, 6.30 148.516, 148.517, or 148.518 , subdivisions 1 and 2,and who: 6.31 (1) submits a signed and dated affidavit stating that the 6.32 applicant is not the subject of a disciplinary action or past 6.33 disciplinary action in this or another jurisdiction and is not 6.34 disqualified on the basis of section 148.5195, subdivision 3; 6.35 and 6.36 (2) either: 7.1 (i) provides a copy of a current credential as a 7.2 speech-language pathologist, an audiologist, or both, held in 7.3 the District of Columbia or a state or territory of the United 7.4 States; or 7.5 (ii) provides a copy of a current certificate of clinical 7.6 competence issued by the American Speech-Language-Hearing 7.7 Association or board certification in audiology by the American 7.8 Board of Audiology. 7.9 (b) A temporary license issued to a person under this 7.10 subdivision expires 90 days after it is issued or on the date 7.11 the commissioner grants or denies licensure, whichever occurs 7.12 first. 7.13 (c) Upon application, a temporary license shall be renewed 7.14 once to a person who is able to demonstrate good cause for 7.15 failure to meet the requirements for licensure within the 7.16 initial temporary licensure period and who is not the subject of 7.17 a disciplinary action or disqualified on the basis of section 7.18 148.5195, subdivision 3. 7.19 Sec. 13. Minnesota Statutes 2003 Supplement, section 7.20 148.518, is amended to read: 7.21 148.518 [LICENSURE FOLLOWING LAPSE OF LICENSURE STATUS.] 7.22 For an applicant whose licensure status has lapsed, the 7.23 applicant must: 7.24 (1) apply for licensure renewal according to section 7.25 148.5191 and document compliance with the continuing education 7.26 requirements of section 148.5193 since the applicant's license 7.27 lapsed; 7.28 (2) fulfill the requirements of section 148.517; or7.29 (3) apply for renewal according to section 148.5191, 7.30 provide evidence to the commissioner that the applicant holds a 7.31 current and unrestricted credential for the practice of 7.32 speech-language pathology from the Minnesota Board of Teaching 7.33 or for the practice of speech-language pathology or audiology in 7.34 another jurisdiction that has requirements equivalent to or 7.35 higher than those in effect for Minnesota, and provide evidence 7.36 of compliance with Minnesota Board of Teaching or that 8.1 jurisdiction's continuing education requirements; or 8.2 (4) apply for renewal according to section 148.5191 and 8.3 submit verified documentation of successful completion of 160 8.4 hours of supervised practice approved by the commissioner. To 8.5 participate in a supervised practice, the applicant shall first 8.6 apply and obtain temporary licensing according to section 8.7 148.5161. 8.8 Sec. 14. [148.5192] [SPEECH-LANGUAGE PATHOLOGY 8.9 ASSISTANTS.] 8.10 Subdivision 1. [DELEGATION REQUIREMENTS.] A licensed 8.11 speech-language pathologist may delegate duties to a 8.12 speech-language pathology assistant in accordance with this 8.13 section. Duties may only be delegated to an individual who has 8.14 documented with a transcript from the educational institution 8.15 satisfactory completion of either: 8.16 (1) an associate degree from a speech-language pathology 8.17 assistant program that is accredited by the Higher Learning 8.18 Commission of the North Central Association of Colleges or its 8.19 equivalent as approved by the commissioner; or 8.20 (2) a bachelor's degree in the discipline of communication 8.21 sciences or disorders with additional transcript credit in the 8.22 area of instruction in assistant-level service delivery 8.23 practices and completion of at least 100 hours of supervised 8.24 field work experience as a speech-language pathology assistant 8.25 student. 8.26 Subd. 2. [DELEGATED DUTIES; PROHIBITIONS.] (a) A 8.27 speech-language pathology assistant may perform only those 8.28 duties delegated by a licensed speech-language pathologist and 8.29 must be limited to duties within the training and experience of 8.30 the speech-language pathology assistant. 8.31 (b) Duties may include the following as delegated by the 8.32 supervising speech-language pathologist: 8.33 (1) assist with speech language and hearing screenings; 8.34 (2) implement documented treatment plans or protocols 8.35 developed by the supervising speech-language pathologist; 8.36 (3) document client performance; 9.1 (4) assist with assessments of clients; 9.2 (5) assist with preparing materials and scheduling 9.3 activities as directed; 9.4 (6) perform checks and maintenance of equipment; 9.5 (7) support the supervising speech-language pathologist in 9.6 research projects, in-service training, and public relations 9.7 programs; and 9.8 (8) collect data for quality improvement. 9.9 (c) A speech-language pathology assistant may not: 9.10 (1) perform standardized or nonstandardized diagnostic 9.11 tests, perform formal or informal evaluations, or interpret test 9.12 results; 9.13 (2) screen or diagnose clients for feeding or swallowing 9.14 disorders, including using a checklist or tabulating results of 9.15 feeding or swallowing evaluations, or demonstrate swallowing 9.16 strategies or precautions to clients or the clients' families; 9.17 (3) participate in parent conferences, case conferences, or 9.18 any interdisciplinary team without the presence of the 9.19 supervising speech-language pathologist or other licensed 9.20 speech-language pathologist as authorized by the supervising 9.21 speech-language pathologist; 9.22 (4) provide client or family counseling or consult with the 9.23 client or the family regarding the client status or service; 9.24 (5) write, develop, or modify a client's individualized 9.25 treatment plan or individualized education program; 9.26 (6) select clients for service; 9.27 (7) discharge clients from service; 9.28 (8) disclose clinical or confidential information either 9.29 orally or in writing to anyone other than the supervising 9.30 speech-language pathologist; or 9.31 (9) make referrals for additional services. 9.32 (d) A speech-language pathology assistant must not sign any 9.33 formal documents, including treatment plans, education plans, 9.34 reimbursement forms, or reports. The speech-language pathology 9.35 assistant must sign or initial all treatment notes written by 9.36 the assistant. 10.1 Subd. 3. [SUPERVISION REQUIREMENTS.] (a) A supervising 10.2 speech-language pathologist shall authorize and accept full 10.3 responsibility for the performance, practice, and activity of a 10.4 speech-language pathology assistant. 10.5 (b) A supervising speech-language pathologist must: 10.6 (1) be licensed under sections 148.511 to 148.5196; 10.7 (2) hold a certificate of clinical competence from the 10.8 American Speech-Language-Hearing Association or its equivalent 10.9 as approved by the commissioner; and 10.10 (3) have completed at least one continuing education unit 10.11 in supervision. 10.12 (c) The supervision of a speech-language pathology 10.13 assistant shall be maintained on the following schedule: 10.14 (1) for the first 90 work days, within a 40-hour work week, 10.15 30 percent of the work performed by the speech-language 10.16 pathology assistant must be supervised and at least 20 percent 10.17 of the work performed must be under direct supervision; and 10.18 (2) for the work period after the initial 90-day period, 10.19 within a 40-hour work week, 20 percent of the work performed 10.20 must be supervised and at least ten percent of the work 10.21 performed must be under direct supervision. 10.22 (d) For purposes of this section, "direct supervision" 10.23 means on-site, in-view observation and guidance by the 10.24 supervising speech-language pathologist during the performance 10.25 of a delegated duty. The supervision requirements described in 10.26 this section are minimum requirements. Additional supervision 10.27 requirements may be imposed at the discretion of the supervising 10.28 speech-language pathologist. 10.29 (e) A supervising speech-language pathologist must be 10.30 available to communicate with a speech-language pathology 10.31 assistant at any time the assistant is in direct contact with a 10.32 client. 10.33 (f) A supervising speech-language pathologist must document 10.34 activities performed by the assistant that are directly 10.35 supervised by the supervising speech-language pathologist. At a 10.36 minimum, the documentation must include: 11.1 (1) information regarding the quality of the 11.2 speech-language pathology assistant's performance of the 11.3 delegated duties; and 11.4 (2) verification that any delegated clinical activity was 11.5 limited to duties authorized to be performed by the 11.6 speech-language pathology assistant under this section. 11.7 (g) A supervising speech-language pathologist must review 11.8 and cosign all informal treatment notes signed or initialed by 11.9 the speech-language pathology assistant. 11.10 (h) A full-time speech-language pathologist may supervise 11.11 no more than one full-time speech-language pathology assistant 11.12 or the equivalent of one full-time assistant. 11.13 Subd. 4. [NOTIFICATION.] Any agency that intends to 11.14 utilize the services of a speech-language pathology assistant 11.15 must provide written notification to the client or, if the 11.16 client is younger than 18 years old, to the client's parent or 11.17 guardian before a speech-language pathology assistant may 11.18 perform any of the duties described in this section. 11.19 Sec. 15. Minnesota Statutes 2003 Supplement, section 11.20 148.5193, subdivision 1, is amended to read: 11.21 Subdivision 1. [NUMBER OF CONTACT HOURS REQUIRED.] (a) An 11.22 applicant for licensure renewal must meet the requirements for 11.23 continuing education stipulated by the American 11.24 Speech-Language-Hearing Association or the American Board of 11.25 Audiology, or satisfy the requirements described in paragraphs 11.26 (b) to (e). 11.27 (b) Within one month following expiration of a license, an 11.28 applicant for licensure renewal as either a speech-language 11.29 pathologist or an audiologist must provide evidence to the 11.30 commissioner of a minimum of 30 contact hours of continuing 11.31 education offered by a continuing education sponsorobtained 11.32 within the two years immediately preceding licensure renewal11.33 expiration. A minimum of 20 contact hours of continuing 11.34 education must be directly related to the licensee's area of 11.35 licensure. Ten contact hours of continuing education may be in 11.36 areas generally related to the licensee's area of licensure. 12.1 Licensees who are issued licenses for a period of less than two 12.2 years shall prorate the number of contact hours required for 12.3 licensure renewal based on the number of months licensed during 12.4 the biennial licensure period. Licensees shall receive contact 12.5 hours for continuing education activities only for the biennial 12.6 licensure period in which the continuing education activity was 12.7 performed. 12.8 (c) An applicant for licensure renewal as both a 12.9 speech-language pathologist and an audiologist must attest to 12.10 and document completion of a minimum of 36 contact hours of 12.11 continuing education offered by a continuing education sponsor 12.12 within the two years immediately preceding licensure renewal. A 12.13 minimum of 15 contact hours must be received in the area of 12.14 speech-language pathology and a minimum of 15 contact hours must 12.15 be received in the area of audiology. Six contact hours of 12.16 continuing education may be in areas generally related to the 12.17 licensee's areas of licensure. Licensees who are issued 12.18 licenses for a period of less than two years shall prorate the 12.19 number of contact hours required for licensure renewal based on 12.20 the number of months licensed during the biennial licensure 12.21 period. Licensees shall receive contact hours for continuing 12.22 education activities only for the biennial licensure period in 12.23 which the continuing education activity was performed. 12.24 (d) If the licensee is licensed by the Board of Teaching: 12.25 (1) activities that are approved in the categories of 12.26 Minnesota Rules, part 8700.1000, subpart 3, items A and B, and 12.27 that relate to speech-language pathology, shall be considered: 12.28 (i) offered by a sponsor of continuing education; and 12.29 (ii) directly related to speech-language pathology; 12.30 (2) activities that are approved in the categories of 12.31 Minnesota Rules, part 8700.1000, subpart 3, shall be considered: 12.32 (i) offered by a sponsor of continuing education; and 12.33 (ii) generally related to speech-language pathology; and 12.34 (3) one clock hour as defined in Minnesota Rules, part 12.35 8700.1000, subpart 1, is equivalent to 1.0 contact hours of 12.36 continuing education. 13.1 (e) Contact hours cannotmay not be accumulated in advance 13.2 and transferred to a future continuing education period. 13.3 Sec. 16. Minnesota Statutes 2003 Supplement, section 13.4 148.5193, subdivision 6a, is amended to read: 13.5 Subd. 6a. [VERIFICATION OF ATTENDANCE.] An applicant for 13.6 licensure renewal must submit verification of attendance as 13.7 follows: 13.8 (1) a certificate of attendance from the sponsor with the 13.9 continuing education course name, course date, and licensee's 13.10 name. If a certificate of attendance is not available, the 13.11 commissioner may accept other evidence of attendance such as a 13.12 confirmation or statement of registration for regional or 13.13 national annual conferences or conventions of professional 13.14 associations, a copy of the continuing education courses 13.15 indicating those attended, and an affidavit of attendance; 13.16 (2) a copy of a record of attendance from the sponsor of 13.17 the continuing education course; 13.18 (3) a signature of the presenter or a designee at the 13.19 continuing education activity on the continuing education report 13.20 form; 13.21 (4) a summary or outline of the educational content of an 13.22 audio or video educational activity if a designee is not 13.23 available to sign the continuing education report form; 13.24 (5) for self-study programs, a certificate of completion or 13.25 other documentation indicating that the individual has 13.26 demonstrated knowledge and has successfully completed the 13.27 program; or 13.28 (6) for attendance at a university, college, or vocational 13.29 course, an official transcript. 13.30 Sec. 17. Minnesota Statutes 2003 Supplement, section 13.31 148.5195, subdivision 3, is amended to read: 13.32 Subd. 3. [GROUNDS FOR DISCIPLINARY ACTION BY 13.33 COMMISSIONER.] The commissioner may take any of the disciplinary 13.34 actions listed in subdivision 4 on proof that the individual has: 13.35 (1) intentionally submitted false or misleading information 13.36 to the commissioner or the advisory council; 14.1 (2) failed, within 30 days, to provide information in 14.2 response to a written request, via certified mail, by the 14.3 commissioner or advisory council; 14.4 (3) performed services of a speech-language pathologist or 14.5 audiologist in an incompetent or negligent manner; 14.6 (4) violated sections 148.511 to 148.5196; 14.7 (5) failed to perform services with reasonable judgment, 14.8 skill, or safety due to the use of alcohol or drugs, or other 14.9 physical or mental impairment; 14.10 (6) violated any state or federal law, rule, or regulation, 14.11 and the violation is a felony or misdemeanor, an essential 14.12 element of which is dishonesty, or which relates directly or 14.13 indirectly to the practice of speech-language pathology or 14.14 audiology. Conviction for violating any state or federal law 14.15 which relates to speech-language pathology or audiology is 14.16 necessarily considered to constitute a violation, except as 14.17 provided in chapter 364; 14.18 (7) aided or abetted another person in violating any 14.19 provision of sections 148.511 to 148.5196; 14.20 (8) been or is being disciplined by another jurisdiction, 14.21 if any of the grounds for the discipline is the same or 14.22 substantially equivalent to those under sections 148.511 to 14.23 148.5196; 14.24 (9) not cooperated with the commissioner or advisory 14.25 council in an investigation conducted according to subdivision 14.26 1; 14.27 (10) advertised in a manner that is false or misleading; 14.28 (11) engaged in conduct likely to deceive, defraud, or harm 14.29 the public; or demonstrated a willful or careless disregard for 14.30 the health, welfare, or safety of a client; 14.31 (12) failed to disclose to the consumer any fee splitting 14.32 or any promise to pay a portion of a fee to any other 14.33 professional other than a fee for services rendered by the other 14.34 professional to the client; 14.35 (13) engaged in abusive or fraudulent billing practices, 14.36 including violations of federal Medicare and Medicaid laws, Food 15.1 and Drug Administration regulations, or state medical assistance 15.2 laws; 15.3 (14) obtained money, property, or services from a consumer 15.4 through the use of undue influence, high pressure sales tactics, 15.5 harassment, duress, deception, or fraud; 15.6 (15) performed services for a client who had no possibility 15.7 of benefiting from the services; 15.8 (16) failed to refer a client for medical evaluation or to 15.9 other health care professionals when appropriate or when a 15.10 client indicated symptoms associated with diseases that could be 15.11 medically or surgically treated; 15.12 (17) if the individual is a dispenser of hearing 15.13 instruments as defined by section 153A.13, subdivision 5, had 15.14 the certification required by chapter 153A, denied, suspended, 15.15 or revoked according to chapter 153A; or15.16 (18) used the term doctor of audiology, doctor of 15.17 speech-language pathology, AuD, or SLPD without having obtained 15.18 the degree from an institution accredited by the North Central 15.19 Association of Colleges and Secondary Schools, the Council on 15.20 Academic Accreditation in Audiology and Speech-Language 15.21 Pathology, the United States Department of Education, or an 15.22 equivalent; or 15.23 (19) failed to comply with the requirements of section 15.24 148.5192 regarding supervision of speech-language pathology 15.25 assistants. 15.26 Sec. 18. Minnesota Statutes 2003 Supplement, section 15.27 148.5196, subdivision 3, is amended to read: 15.28 Subd. 3. [DUTIES.] The advisory council shall: 15.29 (1) advise the commissioner regarding speech-language 15.30 pathologist and audiologist licensure standards; 15.31 (2) advise the commissioner regarding the delegation of 15.32 duties to and the training required for speech-language 15.33 pathology assistants; 15.34 (3) advise the commissioner on enforcement of sections 15.35 148.511 to 148.5196; 15.36 (3)(4) provide for distribution of information regarding 16.1 speech-language pathologist and audiologist licensure standards; 16.2 (4)(5) review applications and make recommendations to the 16.3 commissioner on granting or denying licensure or licensure 16.4 renewal; 16.5 (5)(6) review reports of investigations relating to 16.6 individuals and make recommendations to the commissioner as to 16.7 whether licensure should be denied or disciplinary action taken 16.8 against the individual; 16.9 (6)(7) advise the commissioner regarding approval of 16.10 continuing education activities provided by sponsors using the 16.11 criteria in section 148.5193, subdivision 2; and 16.12 (7)(8) perform other duties authorized for advisory 16.13 councils under chapter 214, or as directed by the commissioner. 16.14 Sec. 19. Minnesota Statutes 2002, section 148.6402, is 16.15 amended by adding a subdivision to read: 16.16 Subd. 22a. [LIMITED LICENSE.] "Limited license" means a 16.17 license issued according to section 148.6425, subdivision 3, 16.18 paragraph (c), to persons who have allowed their license to 16.19 lapse for four years or more and who choose a supervised 16.20 practice as the method for renewing their license status. 16.21 Sec. 20. Minnesota Statutes 2002, section 148.6403, 16.22 subdivision 5, is amended to read: 16.23 Subd. 5. [EXEMPT PERSONS.] This section does not apply to: 16.24 (1) a person employed as an occupational therapist or 16.25 occupational therapy assistant by the government of the United 16.26 States or any agency of it. However, use of the protected 16.27 titles under those circumstances is allowed only in connection 16.28 with performance of official duties for the federal government; 16.29 (2) a student participating in supervised fieldwork or 16.30 supervised coursework that is necessary to meet the requirements 16.31 of section 148.6408, subdivision 1, or 148.6410, subdivision 1, 16.32 if the person is designated by a title which clearly indicates 16.33 the person's status as a student trainee. Any use of the 16.34 protected titles under these circumstances is allowed only while 16.35 the person is performing the duties of the supervised fieldwork 16.36 or supervised coursework; or 17.1 (3) a person visiting and then leaving the state and 17.2 performing occupational therapy services while in the state, if 17.3 the services are performed no more than 30 days in a calendar 17.4 year as part of a professional activity that is limited in scope 17.5 and duration and is in association with an occupational 17.6 therapist licensed under sections 148.6401 to 148.6450, and 17.7 (i) the person is credentialed under the law of another 17.8 state which has credentialing requirements at least as stringent 17.9 as the requirements of sections 148.6401 to 148.6450; or 17.10 (ii) the person meets the requirements for certification as 17.11 an occupational therapist registered (OTR) or a certified 17.12 occupational therapy assistant (COTA), established by the 17.13 National Board for Certification in Occupational Therapy. 17.14 Sec. 21. Minnesota Statutes 2002, section 148.6405, is 17.15 amended to read: 17.16 148.6405 [LICENSURE APPLICATION REQUIREMENTS ;: PROCEDURES 17.17 AND QUALIFICATIONS.] 17.18 (a) An applicant for licensure must comply with the general17.19 licensure proceduresapplication requirements in section 17.20 148.6420. To qualify for licensure, an applicant must satisfy 17.21 one of the requirements in paragraphs (b) to (f) and not be 17.22 subject to denial of licensure under section 148.6448. 17.23 (b) A person who applies for licensure as an occupational 17.24 therapist and who has not been credentialed by the National 17.25 Board for Certification in Occupational Therapy or another 17.26 jurisdiction must meet the requirements in section 148.6408. 17.27 (c) A person who applies for licensure as an occupational 17.28 therapy assistant and who has not been credentialed by the 17.29 National Board for Certification in Occupational Therapy or 17.30 another jurisdiction must meet the requirements in section 17.31 148.6410. 17.32 (d) A person who is certified by the National Board for 17.33 Certification in Occupational Therapy may apply for licensure by 17.34 equivalency and must meet the requirements in section 148.6412. 17.35 (e) A person who is credentialed in another jurisdiction 17.36 may apply for licensure by reciprocity and must meet the 18.1 requirements in section 148.6415. 18.2 (f) A person who applies for temporary licensure must meet 18.3 the requirements in section 148.6418. 18.4 Sec. 22. Minnesota Statutes 2002, section 148.6428, is 18.5 amended to read: 18.6 148.6428 [CHANGE OF ADDRESS OR EMPLOYMENT.] 18.7 A licensee who changes addresses or employment must inform 18.8 the commissioner, in writing, of the change of address, 18.9 employment, business address, or business telephone number 18.10 within 30 days. All notices or other correspondence mailed to 18.11 or served on a licensee by the commissioner at the licensee's 18.12 address on file with the commissioner shall be considered as 18.13 having been received by the licensee. 18.14 Sec. 23. Minnesota Statutes 2002, section 148.6443, 18.15 subdivision 1, is amended to read: 18.16 Subdivision 1. [GENERAL REQUIREMENTS.] An occupational 18.17 therapist applying for licensure renewal must have completed a 18.18 minimum of 24 contact hours of continuing education in the two 18.19 years preceding licensure renewal. An occupational therapy 18.20 assistant applying for licensure renewal must have completed a 18.21 minimum of 18 contact hours of continuing education in the two 18.22 years preceding licensure renewal. Licensees who are issued 18.23 licenses for a period of less than two years shall prorate the 18.24 number of contact hours required for licensure renewal based on 18.25 the number of months licensed during the biennial licensure 18.26 period. Licensees shall receive contact hours for continuing 18.27 education activities only for the biennial licensure period in 18.28 which the continuing education activity was performed. 18.29 To qualify as a continuing education activity, the activity 18.30 must be a minimum of one contact hour. Contact hours must be 18.31 earned and reported in increments of one contact hour or 18.32 one-half contact hour forafter the first contact hour of each 18.33 continuing education activity. One-half contact hour means an 18.34 instructional session of 30 consecutive minutes, excluding 18.35 coffee breaks, registration, meals without a speaker, and social 18.36 activities. 19.1 Each licensee is responsible for financing the cost of the 19.2 licensee's continuing education activities. 19.3 Sec. 24. Minnesota Statutes 2002, section 148.6443, 19.4 subdivision 5, is amended to read: 19.5 Subd. 5. [REPORTING CONTINUING EDUCATION CONTACT HOURS.] 19.6 At the time ofWithin one month following licensure renewal19.7 expiration, each licensee shall submit verification that the 19.8 licensee has met the continuing education requirements of this 19.9 section on the continuing education report form provided by the 19.10 commissioner. The continuing education report form may require 19.11 the following information: 19.12 (1) title of continuing education activity; 19.13 (2) brief description of the continuing education activity; 19.14 (3) sponsor, presenter, or author; 19.15 (4) location and attendance dates; 19.16 (5) number of contact hours; and 19.17 (6) licensee's notarized affirmation that the information 19.18 is true and correct. 19.19 Sec. 25. Minnesota Statutes 2002, section 192.502, is 19.20 amended to read: 19.21 192.502 [PROTECTIONS.] 19.22 Subdivision 1. [POSTSECONDARY STUDENTS.] (a) A member of 19.23 the Minnesota National Guard or any other military reserve 19.24 component who is a student at a postsecondary education 19.25 institution and who is called or ordered to state active service 19.26 in the Minnesota National Guard, as defined in section 190.05, 19.27 subdivision 5, or who is called or ordered to federal active 19.28 military service has the following rights: 19.29 (1) with regard to courses in which the person is enrolled, 19.30 the person may: 19.31 (i) withdraw from one or more courses for which tuition and 19.32 fees have been paid that are attributable to the courses. The 19.33 tuition and fees must be credited to the person's account at the 19.34 postsecondary institution. Any refunds are subject to the 19.35 requirements of the state or federal financial aid programs of 19.36 origination. In such a case, the student must not receive 20.1 credit for the courses and must not receive a failing grade, an 20.2 incomplete, or other negative annotation on the student's 20.3 record, and the student's grade point average must not be 20.4 altered or affected in any manner because of action under this 20.5 item; 20.6 (ii) be given a grade of incomplete and be allowed to 20.7 complete the course upon release from active duty under the 20.8 postsecondary institution's standard practice for completion of 20.9 incompletes; or 20.10 (iii) continue and complete the course for full credit. 20.11 Class sessions the student misses due to performance of state or 20.12 federal active military service must be counted as excused 20.13 absences and must not be used in any way to adversely impact the 20.14 student's grade or standing in the class. Any student who 20.15 selects this option is not, however, automatically excused from 20.16 completing assignments due during the period the student is 20.17 performing state or federal active military service. A letter 20.18 grade or a grade of pass must only be awarded if, in the opinion 20.19 of the faculty member teaching the course, the student has 20.20 completed sufficient work and has demonstrated sufficient 20.21 progress toward meeting course requirements to justify the 20.22 grade; 20.23 (2) to receive a refund of amounts paid for room, board, 20.24 and fees attributable to the time period during which the 20.25 student was serving in state or federal active military service 20.26 and did not use the facilities or services for which the amounts 20.27 were paid. Any refund of room, board, and fees is subject to 20.28 the requirements of the state or federal financial aid programs 20.29 of origination; and 20.30 (3) if the student chooses to withdraw, the student has the 20.31 right to be readmitted and reenrolled as a student at the 20.32 postsecondary education institution, without penalty or 20.33 redetermination of admission eligibility, within one year 20.34 following release from the state or federal active military 20.35 service. 20.36 (b) The protections in this section may be invoked as 21.1 follows: 21.2 (1) the person, or an appropriate officer from the military 21.3 organization in which the person will be serving, must give 21.4 advance verbal or written notice that the person is being called 21.5 or ordered to qualifying service; 21.6 (2) advance notice is not required if the giving of notice 21.7 is precluded by military necessity or, under all the relevant 21.8 circumstances, the giving of notice is impossible or 21.9 unreasonable; and 21.10 (3) upon written request from the postsecondary 21.11 institution, the person must provide written verification of 21.12 service. 21.13 (c) This section provides minimum protections for students. 21.14 Nothing in this section prevents postsecondary institutions from 21.15 providing additional options or protections to students who are 21.16 called or ordered to state or federal active military service. 21.17 Subd. 2. [RENEWAL OF PROFESSIONAL LICENSES OR 21.18 CERTIFICATIONS.] The renewal of a license or certificate of 21.19 registration for a member of the Minnesota National Guard or 21.20 other military reserves who has been ordered to active military 21.21 service and who is required by law to be licensed or registered 21.22 in order to carry on or practice a health or other trade, 21.23 employment, occupation, or profession in the state is governed 21.24 under sections 326.55 and 326.56. 21.25 [EFFECTIVE DATE.] This section is effective the day 21.26 following final enactment. 21.27 Sec. 26. [197.65] [RENEWAL OF PROFESSIONAL LICENSES OR 21.28 CERTIFICATIONS.] 21.29 The renewal of a license or certificate of registration for 21.30 a person who is serving in or has recently been discharged from 21.31 active military service and who is required by law to be 21.32 licensed or registered in order to carry on or practice a health 21.33 or other trade, employment, occupation, or profession in the 21.34 state is governed under sections 326.55 and 326.56. 21.35 [EFFECTIVE DATE.] This section is effective the day 21.36 following final enactment. 22.1 ARTICLE 2 22.2 PHYSICIAN ASSISTANTS 22.3 Section 1. Minnesota Statutes 2002, section 147A.02, is 22.4 amended to read: 22.5 147A.02 [QUALIFICATIONS FOR REGISTRATION.] 22.6 Except as otherwise provided in this chapter, an individual 22.7 shall be registered by the board before the individual may 22.8 practice as a physician assistant. 22.9 The board may grant registration as a physician assistant 22.10 to an applicant who: 22.11 (1) submits an application on forms approved by the board; 22.12 (2) pays the appropriate fee as determined by the board; 22.13 (3) has current certification from the National Commission 22.14 on Certification of Physician Assistants, or its successor 22.15 agency as approved by the board; 22.16 (4) certifies that the applicant is mentally and physically 22.17 able to engage safely in practice as a physician assistant; 22.18 (5) has no licensure, certification, or registration as a 22.19 physician assistant under current discipline, revocation, 22.20 suspension, or probation for cause resulting from the 22.21 applicant's practice as a physician assistant, unless the board 22.22 considers the condition and agrees to licensure; 22.23 (6) has a physician-physician assistant agreement, and22.24 internal protocol and prescribing delegation form, if the22.25 physician assistant has been delegated prescribing authority, as22.26 described in section 147A.18 in place at the address of record;22.27 (7)submits to the board a practice setting description and22.28 any other information the board deems necessary to evaluate the 22.29 applicant's qualifications; and 22.30 (8)(7) has been approved by the board. 22.31 All persons registered as physician assistants as of June 22.32 30, 1995, are eligible for continuing registration renewal. All 22.33 persons applying for registration after that date shall be 22.34 registered according to this chapter. 22.35 Sec. 2. Minnesota Statutes 2003 Supplement, section 22.36 147A.09, subdivision 2, is amended to read: 23.1 Subd. 2. [DELEGATION.] Patient services may include, but 23.2 are not limited to, the following, as delegated by the 23.3 supervising physician and authorized in the agreement: 23.4 (1) taking patient histories and developing medical status 23.5 reports; 23.6 (2) performing physical examinations; 23.7 (3) interpreting and evaluating patient data; 23.8 (4) ordering or performing diagnostic procedures, including 23.9 radiography; 23.10 (5) ordering or performing therapeutic procedures; 23.11 (6) providing instructions regarding patient care, disease 23.12 prevention, and health promotion; 23.13 (7) assisting the supervising physician in patient care in 23.14 the home and in health care facilities; 23.15 (8) creating and maintaining appropriate patient records; 23.16 (9) transmitting or executing specific orders at the 23.17 direction of the supervising physician; 23.18 (10) prescribing, administering, and dispensing legend 23.19 drugs and medical devices if this function has been delegated by 23.20 the supervising physician pursuant to and subject to the 23.21 limitations of section 147.34147A.18 and chapter 151. 23.22 Physician assistants who have been delegated the authority to 23.23 prescribe controlled substances shall maintain a separate 23.24 addendum to the delegation form which lists all schedules and 23.25 categories of controlled substances which the physician 23.26 assistant has the authority to prescribe. This addendum shall 23.27 be maintained with the physician-physician assistant agreement, 23.28 and the delegation form at the address of record; 23.29 (11) for physician assistants not delegated prescribing 23.30 authority, administering legend drugs and medical devices 23.31 following prospective review for each patient by and upon 23.32 direction of the supervising physician; 23.33 (12) functioning as an emergency medical technician with 23.34 permission of the ambulance service and in compliance with 23.35 section 144E.127, and ambulance service rules adopted by the 23.36 commissioner of health; 24.1 (13) initiating evaluation and treatment procedures 24.2 essential to providing an appropriate response to emergency 24.3 situations; and 24.4 (14) certifying a physical disability under section 24.5 169.345, subdivision 2a. 24.6 Orders of physician assistants shall be considered the 24.7 orders of their supervising physicians in all practice-related 24.8 activities, including, but not limited to, the ordering of 24.9 diagnostic, therapeutic, and other medical services. 24.10 Sec. 3. Minnesota Statutes 2002, section 147A.20, is 24.11 amended to read: 24.12 147A.20 [PHYSICIAN AND PHYSICIAN ASSISTANT AGREEMENT.] 24.13 (a) A physician assistant and supervising physician must 24.14 sign an agreement which specifies scope of practice and amount 24.15 and manner of supervision as required by the board. The 24.16 agreement must contain: 24.17 (1) a description of the practice setting; 24.18 (2) a statement of practice type/specialty; 24.19 (3) a listing of categories of delegated duties; 24.20 (4) a description of supervision type, amount, and 24.21 frequency; and 24.22 (5) a description of the process and schedule for review of 24.23 prescribing, dispensing, and administering legend and controlled 24.24 drugs and medical devices by the physician assistant authorized 24.25 to prescribe. 24.26 (b) The agreement must be maintained by the supervising 24.27 physician and physician assistant and made available to the 24.28 board upon request. If there is a delegation of prescribing, 24.29 administering, and dispensing of legend drugs, controlled 24.30 substances, and medical devices, the agreement shall include an 24.31 internal protocol and delegation form. Physician assistants 24.32 shall have a separate agreement for each place of employment. 24.33 Agreements must be reviewed and updated on an annual basis. The 24.34 supervising physician and physician assistant must maintain the 24.35 agreement, delegation form, and internal protocol at the address 24.36 of record. Copies shall be provided to the board upon request. 25.1 (c) Physician assistants must provide written notification 25.2 to the board within 30 days of the following: 25.3 (1) name change; 25.4 (2) address of record change; 25.5 (3) telephone number of record change; and 25.6 (4) addition or deletion of alternate supervising physician 25.7 provided that the information submitted includes, for an 25.8 additional alternate physician, an affidavit of consent to act 25.9 as an alternate supervising physician signed by the alternate 25.10 supervising physician. 25.11 (d) Modifications requiring submission prior to the 25.12 effective date are changes to the practice setting description 25.13 which include: 25.14 (1) supervising physician change, excluding alternate 25.15 supervising physicians; or 25.16 (2) delegation of prescribing, administering, or dispensing 25.17 of legend drugs, controlled substances, or medical devices. 25.18 (e) The agreement must be completed and the practice 25.19 setting description submitted to the board before providing 25.20 medical care as a physician assistant. 25.21 Sec. 4. [EXCEPTION TO REGISTRATION REQUIREMENTS.] 25.22 Notwithstanding the requirements of Minnesota Statutes, 25.23 section 147A.02, the Board of Medical Practice shall register an 25.24 individual as a physician assistant if the individual: 25.25 (1) is ineligible for the certification examination by the 25.26 National Commission on the Certification of Physician Assistants 25.27 because the individual's education took place in a nonaccredited 25.28 institution, or the individual was informally trained on the 25.29 job; 25.30 (2) trained and served in the United States military as a 25.31 medic or hospital corpsman on active duty and has continuously 25.32 practiced as a physician assistant or surgeon's assistant in 25.33 Minnesota since 1976, including a practice which combined 25.34 in-office surgical practice with the individual's supervised 25.35 autonomous schedule and with assisting in a hospital operating 25.36 room on cases warranting a first assistant; 26.1 (3) meets all other requirements for registration; 26.2 (4) submits satisfactory recommendations from a supervising 26.3 physician; and 26.4 (5) achieves a satisfactory result on any criminal 26.5 background or health check required by the board. 26.6 The board must accept applications under this section only until 26.7 January 1, 2005. 26.8 [EFFECTIVE DATE.] This section is effective the day 26.9 following final enactment. 26.10 Sec. 5. [PROVISIONAL REGISTRATION.] 26.11 An individual registered under section 4 is deemed to hold 26.12 a provisional registration for two years from the date of 26.13 registration. If there have been no substantiated complaints 26.14 against an individual during the provisional period, the board 26.15 shall extend full registration to the individual upon completion 26.16 of the provisional period. 26.17 [EFFECTIVE DATE.] This section is effective the day 26.18 following final enactment. 26.19 ARTICLE 3 26.20 ACUPUNCTURISTS 26.21 Section 1. Minnesota Statutes 2002, section 147B.01, is 26.22 amended by adding a subdivision to read: 26.23 Subd. 16a. [NCCAOM CERTIFICATION.] "NCCAOM certification" 26.24 means a certification granted by the NCCAOM to a person who has 26.25 met the standards of competence established for either NCCAOM 26.26 certification in acupuncture or NCCAOM certification in Oriental 26.27 medicine. 26.28 Sec. 2. Minnesota Statutes 2002, section 147B.06, 26.29 subdivision 4, is amended to read: 26.30 Subd. 4. [SCOPE OF PRACTICE.] The scope of practice of 26.31 acupuncture includes, but is not limited to, the following: 26.32 (1) using Oriental medical theory to assess and diagnose a 26.33 patient; 26.34 (2) using Oriental medical theory to develop a plan to 26.35 treat a patient. The treatment techniques that may be chosen 26.36 include: 27.1 (i) insertion of sterile acupuncture needles through the 27.2 skin; 27.3 (ii) acupuncture stimulation including, but not limited to, 27.4 electrical stimulation or the application of heat; 27.5 (iii) cupping; 27.6 (iv) dermal friction; 27.7 (v) acupressure; 27.8 (vi) herbal therapies; 27.9 (vii) dietary counseling based on traditional Chinese 27.10 medical principles; 27.11 (viii) breathing techniques; or27.12 (ix) exercise according to Oriental medical principles; or 27.13 (x) Oriental massage. 27.14 Sec. 3. [REPEALER.] 27.15 Minnesota Statutes 2002, section 147B.02, subdivision 5, is 27.16 repealed. 27.17 ARTICLE 4 27.18 NURSE LICENSURE 27.19 Section 1. Minnesota Statutes 2002, section 148.211, 27.20 subdivision 1, is amended to read: 27.21 Subdivision 1. [LICENSURE BY EXAMINATION.] (a) An 27.22 applicant for a license to practice as a registered nurse or 27.23 licensed practical nurse shall apply to the board for a license 27.24 by examination on forms prescribed by the board and pay a fee in 27.25 an amount determined by rulestatute. An applicant applying for 27.26 reexamination shall pay a fee in an amount determined by 27.27 rulelaw. In no case may fees be refunded. 27.28 Before being scheduled for examination, the applicant shall27.29 provide written evidence verified by oath that the applicant (1)27.30 has not engaged in conduct warranting disciplinary action as set27.31 forth in section 148.261; (2) meets secondary education27.32 requirements as determined by the board and other preliminary27.33 qualification requirements the board may prescribe by rule; and27.34 (3) has completed a course of study in a nursing program27.35 approved by the board, another United States nursing board, or a27.36 Canadian province. An applicant who graduates from a nursing28.1 program in another country, except Canada, must also28.2 successfully complete the Commission on Graduates of Foreign28.3 Nursing Schools Qualifying Examination. The nursing program28.4 must be approved for the preparation of applicants for the type28.5 of license for which the application has been submitted.28.6 The applicant must pass a written examination in the28.7 subjects the board may determine. Written examination includes28.8 both paper and pencil examinations and examinations administered28.9 with a computer and related technology. Each written28.10 examination may be supplemented by an oral or practical28.11 examination.(b) The applicant must satisfy the following 28.12 requirements for licensure by examination: 28.13 (1) present evidence the applicant has not engaged in 28.14 conduct warranting disciplinary action under section 148.261; 28.15 (2) present evidence of completion of a nursing education 28.16 program approved by the board, another United States nursing 28.17 board, or a Canadian province, which prepared the applicant for 28.18 the type of license for which the application has been 28.19 submitted; and 28.20 (3) pass a national nurse licensure written examination. 28.21 "Written examination" includes paper and pencil examinations and 28.22 examinations administered with a computer and related technology 28.23 and may include supplemental oral or practical examinations 28.24 approved by the board. 28.25 (c) An applicant who graduated from an approved nursing 28.26 education program in Canada and was licensed in Canada or 28.27 another United States jurisdiction, without passing the national 28.28 nurse licensure examination, must also submit a verification of 28.29 licensure from the original Canadian licensure authority and 28.30 from the United States jurisdiction. 28.31 (d) An applicant who graduated from a nursing program in a 28.32 country other than the United States or Canada must also satisfy 28.33 the following requirements: 28.34 (1) present verification of graduation from a nursing 28.35 education program which prepared the applicant for the type of 28.36 license for which the application has been submitted and is 29.1 determined to be equivalent to the education required in the 29.2 same type of nursing education programs in the United States as 29.3 evaluated by a credentials evaluation service acceptable to the 29.4 board. The credentials evaluation service must submit the 29.5 evaluation and verification directly to the board; 29.6 (2) demonstrate successful completion of coursework to 29.7 resolve identified nursing education deficiencies; and 29.8 (3) pass examinations acceptable to the board that test 29.9 written and spoken English, unless the applicant graduated from 29.10 a nursing education program conducted in English and located in 29.11 an English-speaking country. The results of the examinations 29.12 must be submitted directly to the board from the testing service. 29.13 (e) An applicant failing to pass the examination may apply 29.14 for reexamination. 29.15 Upon submission by the applicant of an affidavit of29.16 graduation or transcript from an approved nursing program as29.17 well as proof that the applicant has passed the examination,29.18 paid the required fees, and(f) When the applicant has met all 29.19 otherrequirements stated in this subdivision, the board shall 29.20 issue a license to the applicant. The board may issue a license 29.21 with conditions and limitations if it considers it necessary to 29.22 protect the public. 29.23 Sec. 2. Minnesota Statutes 2003 Supplement, section 29.24 148.212, subdivision 1, is amended to read: 29.25 Subdivision 1. [ISSUANCE.] Upon receipt of the applicable 29.26 licensure or reregistration fee and permit fee, and in 29.27 accordance with rules of the board, the board may issue a 29.28 nonrenewable temporary permit to practice professional or 29.29 practical nursing to an applicant for licensure or 29.30 reregistration who is not the subject of a pending investigation 29.31 or disciplinary action, nor disqualified for any other reason, 29.32 under the following circumstances: 29.33 (a) The applicant for licensure by examination under 29.34 section 148.211, subdivision 1, has graduated from an approved 29.35 nursing program within the 60 days preceding board receipt of an 29.36 affidavit of graduation or transcript and has been authorized by 30.1 the board to write the licensure examination for the first time 30.2 in the United States. The permit holder must practice 30.3 professional or practical nursing under the direct supervision 30.4 of a registered nurse. The permit is valid from the date of 30.5 issue until the date the board takes action on the application 30.6 or for 60 days whichever occurs first. 30.7 (b) The applicant for licensure by endorsement under 30.8 section 148.211, subdivision 2, is currently licensed to 30.9 practice professional or practical nursing in another state, 30.10 territory, or Canadian province. The permit is valid from 30.11 submission of a proper request until the date of board action on 30.12 the application. 30.13 (c) The applicant for licensure by endorsement under 30.14 section 148.211, subdivision 2, or for reregistration under 30.15 section 148.231, subdivision 5, is currently registered in a 30.16 formal, structured refresher course or its equivalent for nurses 30.17 that includes clinical practice. 30.18 (d) The applicant for licensure by examination under 30.19 section 148.211, subdivision 1, has been issued a Commission on30.20 Graduates of Foreign Nursing Schools certificate,who graduated 30.21 from a nursing program in a country other than the United States 30.22 or Canada has completed all requirements for licensure 30.23 except theregistering for and taking the nurse licensure 30.24 examination , and has been authorized by the board to write the30.25 licensure examinationfor the first time in the United States. 30.26 The permit holder must practice professional nursing under the 30.27 direct supervision of a registered nurse. The permit is valid 30.28 from the date of issue until the date the board takes action on 30.29 the application or for 60 days, whichever occurs first. 30.30 Sec. 3. Minnesota Statutes 2002, section 148.284, is 30.31 amended to read: 30.32 148.284 [CERTIFICATION OF ADVANCED PRACTICE REGISTERED 30.33 NURSES.] 30.34 (a) No person shall practice advanced practice registered 30.35 nursing or use any title, abbreviation, or other designation 30.36 tending to imply that the person is an advanced practice 31.1 registered nurse, clinical nurse specialist, nurse anesthetist, 31.2 nurse-midwife, or nurse practitioner unless the person is 31.3 certified for such advanced practice registered nursing by a 31.4 national nurse certification organization. 31.5 (b) ParagraphParagraphs (a) doesand (e) do not apply to 31.6 an advanced practice registered nurse who is within six months 31.7 after completion of an advanced practice registered nurse course 31.8 of study and is awaiting certification, provided that the person 31.9 has not previously failed the certification examination. 31.10 (c) An advanced practice registered nurse who has completed 31.11 a formal course of study as an advanced practice registered 31.12 nurse and has been certified by a national nurse certification 31.13 organization prior to January 1, 1999, may continue to practice 31.14 in the field of nursing in which the advanced practice 31.15 registered nurse is practicing as of July 1, 1999, regardless of 31.16 the type of certification held if the advanced practice 31.17 registered nurse is not eligible for the proper certification. 31.18 (d) Prior to July 1, 2007, a clinical nurse specialist may 31.19 petition the board for waiver from the certification requirement 31.20 in paragraph (a) if the clinical nurse specialist is 31.21 academically prepared as a clinical nurse specialist in a 31.22 specialty area for which there is no certification within the 31.23 clinical nurse specialist role and specialty or a related 31.24 specialty. The board may determine that an available 31.25 certification as a clinical nurse specialist in a related 31.26 specialty must be obtained in lieu of the specific specialty or 31.27 subspecialty. The petitioner must be academically prepared as a 31.28 clinical nurse specialist in a specific field of clinical nurse 31.29 specialist practice with a master's degree in nursing that 31.30 included clinical experience in the clinical specialty and must 31.31 have 1,000 hours of supervised clinical experience in the 31.32 clinical specialty for which the individual was academically 31.33 prepared with a minimum of 500 hours of supervised clinical 31.34 practice after graduation. The board may grant a nonrenewable 31.35 permit for no longer than 12 months for the supervised 31.36 postgraduate clinical experience. The board may renew the 32.1 waiver for three-year periods provided the clinical nurse 32.2 specialist continues to be ineligible for certification as a 32.3 clinical nurse specialist by an organization acceptable to the 32.4 board. 32.5 (e) An advanced practice registered nurse who practices 32.6 advanced practice registered nursing without current 32.7 certification or current waiver of certification as a clinical 32.8 nurse specialist, nurse midwife, nurse practitioner, or 32.9 registered nurse anesthetist, or practices with current 32.10 certification but fails to notify the board of current 32.11 certification, shall pay a penalty fee of $200 for the first 32.12 month or part of a month and an additional $100 for each 32.13 subsequent month or parts of months of practice. The amount of 32.14 the penalty fee shall be calculated from the first day the 32.15 advanced practice registered nurse practiced without current 32.16 advanced practice registered nurse certification or current 32.17 waiver of certification to the date of last practice or from the 32.18 first day the advanced practice registered nurse practiced 32.19 without the current status on file with the board until the day 32.20 the current certification is filed with the board. 32.21 Sec. 4. [APPROPRIATION.] 32.22 $24,000 is appropriated in fiscal year 2005 from the state 32.23 government special revenue fund to the Board of Nursing for the 32.24 purpose of administering this article. The base for this 32.25 appropriation in fiscal year 2006 and after is $4,000. These 32.26 amounts are added to appropriations in Laws 2003, First Special 32.27 Session chapter 14, article 13C, section 5. 32.28 ARTICLE 5 32.29 BOARD OF BEHAVIORAL HEALTH AND THERAPY 32.30 Section 1. Minnesota Statutes 2003 Supplement, section 32.31 148B.52, is amended to read: 32.32 148B.52 [DUTIES OF THE BOARD.] 32.33 (a) The Board of Behavioral Health and Therapy shall: 32.34 (1) establish by rule appropriate techniques, including 32.35 examinations and other methods, for determining whether 32.36 applicants and licensees are qualified under sections 148B.50 to 33.1 148B.593; 33.2 (2) establish by rule standards for professional conduct, 33.3 including adoption of a Code of Professional Ethics and 33.4 requirements for continuing education and supervision; 33.5 (3) issue licenses to individuals qualified under sections 33.6 148B.50 to 148B.593; 33.7 (4) establish by rule standards for initial education 33.8 including coursework for licensure and content of professional 33.9 education; 33.10 (5) establish by rule procedures, including a standard33.11 disciplinary process, to assess whether individuals licensed as33.12 licensed professional counselors comply with the board's rules;33.13 (6)establish, maintain, and publish annually a register of 33.14 current licensees and approved supervisors; 33.15 (7)(6) establish initial and renewal application and 33.16 examination fees sufficient to cover operating expenses of the 33.17 board and its agents; 33.18 (8)(7) educate the public about the existence and content 33.19 of the laws and rules for licensed professional counselors to 33.20 enable consumers to file complaints against licensees who may 33.21 have violated the rules; 33.22 (9) establish rules and regulations pertaining to treatment33.23 for impaired practitioners;and 33.24 (10)(8) periodically evaluate its rules in order to refine 33.25 the standards for licensing professional counselors and to 33.26 improve the methods used to enforce the board's standards. 33.27 (b) The board may appoint a professional discipline 33.28 committee for each occupational licensure regulated by the 33.29 board, and may appoint a board member as chair. The 33.30 professional discipline committee shall consist of five members 33.31 representative of the licensed occupation and shall provide 33.32 recommendations to the board with regard to rule techniques, 33.33 standards, procedures, and related issues specific to the 33.34 licensed occupation. 33.35 Sec. 2. Minnesota Statutes 2003 Supplement, section 33.36 148B.53, subdivision 1, is amended to read: 34.1 Subdivision 1. [GENERAL REQUIREMENTS.] (a) To be licensed 34.2 as a licensed professional counselor (LPC), an applicant must 34.3 provide evidence satisfactory to the board that the applicant: 34.4 (1) is at least 18 years of age; 34.5 (2) is of good moral character; 34.6 (3) has completed a master's degree program in counseling 34.7 that includes a minimum of 48 semester hours and a supervised 34.8 field experience of not fewer than 700 hours that is counseling 34.9 in nature; 34.10 (4) has submitted to the board a plan for supervision 34.11 during the first 2,000 hours of professional practice or has 34.12 submitted proof of supervised professional practice that is 34.13 acceptable to the board; and 34.14 (5) has demonstrated competence in professional counseling 34.15 by passing the National Counseling Exam (NCE) administered by 34.16 the National Board for Certified Counselors, Inc. (NBCC) 34.17 including obtaining a passing score on the examination accepted 34.18 by the board based on the determinations made by the NBCC and 34.19 oral and situational examinations if prescribed by the board ;34.20 (6) will conduct all professional activities as a licensed34.21 professional counselor in accordance with standards for34.22 professional conduct established by the rules of the board; and34.23 (7) has declared to the board and agrees to continue to34.24 declare areas of professional competencies through a statement34.25 of professional disclosure, describing the intended use of the34.26 license and the population to be served. 34.27 (b) The degree described in paragraph (a), clause (3), must 34.28 be from a counseling program recognized by the Council for 34.29 Accreditation of Counseling and Related Education Programs 34.30 (CACREP) or from an institution of higher education that is 34.31 accredited by a regional accrediting organization recognized by 34.32 the Council for Higher Education Accreditation (CHEA). Specific 34.33 academic course content and training must meet standards 34.34 established by the CACREP, including course work in the 34.35 following subject areas: 34.36 (1) the helping relationship, including counseling theory 35.1 and practice; 35.2 (2) human growth and development; 35.3 (3) lifestyle and career development; 35.4 (4) group dynamics, processes, counseling, and consulting; 35.5 (5) assessment and appraisal; 35.6 (6) social and cultural foundations, including 35.7 multicultural issues; 35.8 (7) principles of etiology, treatment planning, and 35.9 prevention of mental and emotional disorders and dysfunctional 35.10 behavior; 35.11 (8) family counseling and therapy; 35.12 (9) research and evaluation; and 35.13 (10) professional counseling orientation and ethics. 35.14 (c) To be licensed as a professional counselor, a 35.15 psychological practitioner licensed under section 148.908 need 35.16 only show evidence of licensure under that section and is not 35.17 required to comply with paragraph (a) or (b). 35.18 Sec. 3. Minnesota Statutes 2003 Supplement, section 35.19 148B.53, subdivision 3, is amended to read: 35.20 Subd. 3. [FEE.] Each applicant shall pay a nonrefundable 35.21 fee set by the boardas follows: 35.22 (1) initial license application fee for licensed 35.23 professional counseling (LPC) - $250; 35.24 (2) annual active license renewal fee for LPC - $200 or 35.25 equivalent; 35.26 (3) annual inactive license renewal fee for LPC - $100; 35.27 (4) license renewal late fee - $100 per month or portion 35.28 thereof; 35.29 (5) copy of board order or stipulation - $10; 35.30 (6) certificate of good standing or license verification - 35.31 $10; 35.32 (7) duplicate certificate fee - $10; 35.33 (8) computer lists - $10 per region up to a maximum of 35.34 $100; 35.35 (9) computer printed labels - $15 per region up to a 35.36 maximum of $150; 36.1 (10) professional firm renewal fee - $25; 36.2 (11) initial registration fee - $50; and 36.3 (12) annual registration renewal fee - $25. 36.4 Sec. 4. Minnesota Statutes 2003 Supplement, section 36.5 148B.54, is amended to read: 36.6 148B.54 [LICENSE RENEWAL REQUIREMENTS.] 36.7 Subdivision 1. [RENEWAL.] Licensees shall renew licenses 36.8 at the time and in the manner established by the rules of the 36.9 board. 36.10 Subd. 2. [CONTINUING EDUCATION.] At the completion of the 36.11 first two years of licensure, a licensee must provide evidence 36.12 satisfactory to the board of completion of 12 additional 36.13 postgraduate semester credit hours or its equivalent in 36.14 counseling as determined by the board, except that no licensee 36.15 shall be required to show evidence of greater than 60 semester 36.16 hours or its equivalent. Thereafter, at the time of renewal, 36.17 each licensee shall provide evidence satisfactory to the board 36.18 that the licensee has completed during each two-year period at 36.19 least the equivalent of 40 clock hours of professional 36.20 postdegree continuing education in programs approved by the 36.21 board and continues to be qualified to practice under sections 36.22 148B.50 to 148B.593. 36.23 Sec. 5. Minnesota Statutes 2003 Supplement, section 36.24 148B.55, is amended to read: 36.25 148B.55 [LICENSES; TRANSITION PERIOD.] 36.26 For two years beginning July 1, 2003, the board shall issue 36.27 a license without examination to an applicant if the board 36.28 determines that the applicant otherwise satisfies the 36.29 requirements in section 148B.53, subdivision 1, if the applicant 36.30 is a licensed psychological practitioner, a licensed marriage 36.31 and family therapist, or a licensed alcohol and drug counselor, 36.32 or is in the process of being so licensed. An applicant 36.33 licensed under this section must also agree to conduct all 36.34 professional activities as a licensed professional counselor in 36.35 accordance with standards for professional conduct established 36.36 by the board by rule. This section expires July 1, 2005. 37.1 Sec. 6. Minnesota Statutes 2003 Supplement, section 37.2 148B.59, is amended to read: 37.3 148B.59 [GROUNDS FOR DISCIPLINARY ACTION; FORMS OF 37.4 DISCIPLINARY ACTION; RESTORATION OF LICENSE.] 37.5 (a) The board may impose disciplinary action as described 37.6 in paragraph (b) against an applicant or licensee whom the 37.7 board, by a preponderance of the evidence, determines: 37.8 (1) has violated a statute, rule, or order that the board 37.9 issued or is empowered to enforce; 37.10 (2) has engaged in fraudulent, deceptive, or dishonest 37.11 conduct, whether or not the conduct relates to the practice of 37.12 licensed professional counseling, that adversely affects the 37.13 person's ability or fitness to practice professional counseling; 37.14 (3) has engaged in unprofessional conduct or any other 37.15 conduct which has the potential for causing harm to the public, 37.16 including any departure from or failure to conform to the 37.17 minimum standards of acceptable and prevailing practice without 37.18 actual injury having to be established; 37.19 (4) has been convicted of or has pled guilty or nolo 37.20 contendere to a felony or other crime, an element of which is 37.21 dishonesty or fraud, or has been shown to have engaged in acts 37.22 or practices tending to show that the applicant or licensee is 37.23 incompetent or has engaged in conduct reflecting adversely on 37.24 the applicant's or licensee's ability or fitness to engage in 37.25 the practice of professional counseling; 37.26 (5) has employed fraud or deception in obtaining or 37.27 renewing a license, or in passing an examination; 37.28 (6) has had any counseling license, certificate, 37.29 registration, privilege to take an examination, or other similar 37.30 authority denied, revoked, suspended, canceled, limited, or not 37.31 renewed for cause in any jurisdiction; 37.32 (7) has failed to meet any requirement for the issuance or 37.33 renewal of the person's license. The burden of proof is on the 37.34 applicant or licensee to demonstrate the qualifications or 37.35 satisfy the requirements for a license under the licensed 37.36 professional counseling act; 38.1 (8) has failed to cooperate with an investigation of the 38.2 board; 38.3 (9) has demonstrated an inability to practice professional 38.4 counseling with reasonable skill and safety to clients due to 38.5 any mental or physical illness or condition; or38.6 (10) has engaged in fee splitting. This clause does not 38.7 apply to the distribution of revenues from a partnership, group 38.8 practice, nonprofit corporation, or professional corporation to 38.9 its partners, shareholders, members, or employees if the 38.10 revenues consist only of fees for services performed by the 38.11 licensee or under a licensee's administrative authority. Fee 38.12 splitting includes, but is not limited to: 38.13 (i) dividing fees with another person or a professional 38.14 corporation, unless the division is in proportion to the 38.15 services provided and the responsibility assumed by each 38.16 professional; and 38.17 (ii) referring a client to any health care provider as 38.18 defined in section 144.335 in which the referring licensee has a 38.19 significant financial interest, unless the licensee has 38.20 disclosed in advance to the client the licensee's own financial 38.21 interest; or 38.22 (11) has engaged in conduct with a patient that is sexual 38.23 or may reasonably be interpreted by the patient as sexual, or in 38.24 any verbal behavior that is seductive or sexually demeaning to a 38.25 patient. 38.26 (b) If grounds for disciplinary action exist under 38.27 paragraph (a), the board may take one or more of the following 38.28 actions: 38.29 (1) refuse to grant or renew a license; 38.30 (2) revoke a license; 38.31 (3) suspend a license; 38.32 (4) impose limitations or conditions on a licensee's 38.33 practice of professional counseling, including, but not limited 38.34 to, limiting the scope of practice to designated competencies, 38.35 imposing retraining or rehabilitation requirements, requiring 38.36 the licensee to practice under supervision, or conditioning 39.1 continued practice on the demonstration of knowledge or skill by 39.2 appropriate examination or other review of skill and competence; 39.3 (5) censure or reprimand the licensee; 39.4 (6) refuse to permit an applicant to take the licensure 39.5 examination or refuse to release an applicant's examination 39.6 grade if the board finds that it is in the public interest; or 39.7 (7) impose a civil penalty not exceeding $10,000 for each 39.8 separate violation, the amount of the civil penalty to be fixed 39.9 so as to deprive the physical therapistapplicant or licensee of 39.10 any economic advantage gained by reason of the violation 39.11 charged, to discourage similar violations or to reimburse the 39.12 board for the cost of the investigation and proceeding, 39.13 including, but not limited to, fees paid for services provided 39.14 by the Office of Administrative Hearings, legal and 39.15 investigative services provided by the Office of the Attorney 39.16 General, court reporters, witnesses, reproduction of records, 39.17 board members' per diem compensation, board staff time, and 39.18 travel costs and expenses incurred by board staff and board 39.19 members. 39.20 (c) In lieu of or in addition to paragraph (b), the board 39.21 may require, as a condition of continued licensure, termination 39.22 of suspension, reinstatement of license, examination, or release 39.23 of examination grades, that the applicant or licensee: 39.24 (1) submit to a quality review, as specified by the board, 39.25 of the applicant's or licensee's ability, skills, or quality of 39.26 work; and 39.27 (2) complete to the satisfaction of the board educational 39.28 courses specified by the board. 39.29 The board may also refer a licensee, if appropriate, to the 39.30 health professionals services program described in sections 39.31 214.31 to 214.37. 39.32 (d) Service of the order is effective if the order is 39.33 served on the applicant, licensee, or counsel of record 39.34 personally or by mail to the most recent address provided to the 39.35 board for the licensee, applicant, or counsel of record. The 39.36 order shall state the reasons for the entry of the order. 40.1 Sec. 7. [148B.5915] [PROFESSIONAL COOPERATION; APPLICANT 40.2 OR LICENSEE.] 40.3 An applicant or a licensee who is the subject of an 40.4 investigation or who is questioned in connection with an 40.5 investigation by or on behalf of the board shall cooperate fully 40.6 with the investigation. Cooperation includes responding fully 40.7 and promptly to any question raised by or on behalf of the board 40.8 relating to the subject of the investigation, executing all 40.9 releases requested by the board, providing copies of client and 40.10 other records in the applicant's or licensee's possession 40.11 relating to the matter under investigation and executing 40.12 releases for records, as reasonably requested by the board, and 40.13 appearing at conferences or hearings scheduled by the board. 40.14 The board shall pay for copies requested. The board shall be 40.15 allowed access to any records of a client provided services by 40.16 the applicant or licensee under review. If the client has not 40.17 signed a consent permitting access to the client's records, the 40.18 applicant or licensee shall delete any data in the record that 40.19 identifies the client before providing them to the board. The 40.20 board shall maintain any records obtained under this section as 40.21 investigative data pursuant to chapter 13. 40.22 Sec. 8. [148B.5916] [IMMUNITY.] 40.23 Subdivision 1. [REPORTING.] A person, health care 40.24 facility, business, or organization is immune from civil 40.25 liability or criminal prosecution for reporting to the board 40.26 violations or alleged violations of sections 148B.50 to 148B.593. 40.27 All such reports are classified under section 13.41. 40.28 Subd. 2. [INVESTIGATION.] Members of the board, persons 40.29 employed by the board, and consultants retained by the board for 40.30 the purpose of investigation of violations or the preparation 40.31 and management of charges of violations of this chapter on 40.32 behalf of the board are immune from civil liability and criminal 40.33 prosecution for any actions, transactions, or publications in 40.34 the execution of, or relating to, their duties under sections 40.35 148B.50 to 148B.593. 40.36 Sec. 9. [TRANSITION PLAN.] 41.1 The commissioner of health, in consultation with the 41.2 executive director of the Board of Behavioral Health and 41.3 Therapy, the commissioner of human services, and others must 41.4 develop a transition plan to transfer the authority for 41.5 licensing alcohol and drug counselors and unlicensed mental 41.6 health practitioners from the commissioner of health to the 41.7 Board of Behavioral Health and Therapy. The transition plan 41.8 must include any necessary legislative language to transfer 41.9 authority and corresponding funding to the board, identify 41.10 critical licensing activities, and specify a schedule for 41.11 transferring all duties and activities. 41.12 Sec. 10. [EFFECTIVE DATE.] 41.13 Sections 1 to 9 are effective the day following final 41.14 enactment. 41.15 ARTICLE 6 41.16 ALCOHOL AND DRUG COUNSELORS 41.17 Section 1. Minnesota Statutes 2003 Supplement, section 41.18 148C.04, subdivision 6, is amended to read: 41.19 Subd. 6. [TEMPORARY PERMIT REQUIREMENTS.] (a) The 41.20 commissioner shall issue a temporary permit to practice alcohol 41.21 and drug counseling prior to being licensed under this chapter 41.22 if the person: 41.23 (1) either: 41.24 (i) submits verification of a current and unrestricted 41.25 credential for the practice of alcohol and drug counseling from 41.26 a national certification body or a certification or licensing 41.27 body from another state, United States territory, or federally 41.28 recognized tribal authority; 41.29 (ii) submits verification of the completion of at least 64 41.30 semester credits, including 270 clock hours or 18 semester 41.31 credits of formal classroom education in alcohol and drug 41.32 counseling and at least 880 clock hours of alcohol and drug 41.33 counseling practicum from an accredited school or educational 41.34 program; or41.35 (iii) applies to renew a lapsed license according to the 41.36 requirements of section 148C.055, subdivision 3, clauses (1) and 42.1 (2), or section 148C.055, subdivision 4, clauses (1) and (2); or 42.2 (iv) meets the requirements of section 148C.11, subdivision 42.3 6, clauses (1), (2), and (5); 42.4 (2) applies, in writing, on an application form provided by 42.5 the commissioner, which includes the nonrefundable temporary 42.6 permit fee as specified in section 148C.12 and an affirmation by 42.7 the person's supervisor, as defined in paragraph (c), clause 42.8 (1), which is signed and dated by the person and the person's 42.9 supervisor; and 42.10 (3) has not been disqualified to practice temporarily on 42.11 the basis of a background investigation under section 148C.09, 42.12 subdivision 1a. 42.13 (b) The commissioner must notify the person in writing 42.14 within 90 days from the date the completed application and all 42.15 required information is received by the commissioner whether the 42.16 person is qualified to practice under this subdivision. 42.17 (c) A person practicing under this subdivision: 42.18 (1) may practice under tribal jurisdiction or under the 42.19 direct supervision of a person who is licensed under this 42.20 chapter; 42.21 (2) is subject to the Rules of Professional Conduct set by 42.22 rule; and 42.23 (3) is not subject to the continuing education requirements 42.24 of section 148C.075. 42.25 (d) A person practicing under this subdivision must use the 42.26 title or description stating or implying that the person is a 42.27 trainee engaged in the practice of alcohol and drug counseling. 42.28 (e) A person practicing under this subdivision must 42.29 annually submit a renewal application on forms provided by the 42.30 commissioner with the renewal fee required in section 148C.12, 42.31 subdivision 3, and the commissioner may renew the temporary 42.32 permit if the trainee meets the requirements of this 42.33 subdivision. A trainee may renew a practice permit no more than 42.34 five times. 42.35 (f) A temporary permit expires if not renewed, upon a 42.36 change of employment of the trainee or upon a change in 43.1 supervision, or upon the granting or denial by the commissioner 43.2 of a license. 43.3 Sec. 2. Minnesota Statutes 2003 Supplement, section 43.4 148C.075, subdivision 2, is amended to read: 43.5 Subd. 2. [CONTINUING EDUCATION REQUIREMENTS FOR LICENSEE'S 43.6 FIRST FOUR YEARS.] A licensee must, as part of meeting the clock 43.7 hour requirement of this section, obtain and document 18 hours 43.8 of cultural diversity training within the first four years after 43.9 the licensee's initial license effective date according to the 43.10 commissioner's reporting schedule. Cultural diversity training 43.11 includes gaining knowledge in areas described in Minnesota 43.12 Rules, part 4747.1100, subpart 2, and in identified population 43.13 groups defined in Minnesota Rules, part 4747.0030, subpart 20. 43.14 Sec. 3. Minnesota Statutes 2003 Supplement, section 43.15 148C.075, is amended by adding a subdivision to read: 43.16 Subd. 5. [COURSE WORK.] A licensee may obtain a maximum of 43.17 six clock hours in any two-year continuing education period for 43.18 teaching course work in an accredited school or educational 43.19 program that meets the requirements of section 148C.04, 43.20 subdivision 5a. A licensee may earn a maximum of two clock 43.21 hours as preparation time for each clock hour of presentation 43.22 time. Clock hours may be claimed only once per course in any 43.23 two-year continuing education period. The licensee shall 43.24 maintain a course schedule or brochure for audit. 43.25 Sec. 4. Minnesota Statutes 2003 Supplement, section 43.26 148C.11, subdivision 6, is amended to read: 43.27 Subd. 6. [TRANSITION PERIOD FOR HOSPITAL AND CITY, COUNTY, 43.28 AND STATE AGENCY ALCOHOL AND DRUG COUNSELORS.] For the period 43.29 between July 1, 2003, and January 1, 2006, the commissioner 43.30 shall grant a license to an individual who is employed as an 43.31 alcohol and drug counselor at a Minnesota school district or 43.32 hospital, or a city, county, or state agency in Minnesota, if 43.33 the individual: 43.34 (1) was employed as an alcohol and drug counselor at 43.35 a school district, a hospital, or a city, county, or state 43.36 agency before August 1, 2002; 44.1 (2) has 8,000 hours of alcohol and drug counselor work 44.2 experience; 44.3 (3) has completed a written case presentation and 44.4 satisfactorily passed an oral examination established by the 44.5 commissioner; 44.6 (4) has satisfactorily passed a written examination as 44.7 established by the commissioner; and 44.8 (5) meets the requirements in section 148C.0351. 44.9 Sec. 5. Minnesota Statutes 2003 Supplement, section 44.10 148C.11, is amended by adding a subdivision to read: 44.11 Subd. 7. [SCHOOL DISTRICT ALCOHOL AND DRUG 44.12 COUNSELORS.] Effective January 1, 2006, school districts 44.13 employing alcohol and drug counselors shall be required to 44.14 employ licensed alcohol and drug counselors. An alcohol or drug 44.15 counselor employed by a school district must be licensed as an 44.16 alcohol and drug counselor in accordance with this chapter. 44.17 Sec. 6. Minnesota Statutes 2003 Supplement, section 44.18 148C.12, subdivision 2, is amended to read: 44.19 Subd. 2. [BIENNIAL RENEWAL FEE.] The license renewal fee 44.20 is $295. If the commissioner changesestablishes the renewal 44.21 schedule and the expiration date is less than two years, the fee 44.22 must be prorated. 44.23 Sec. 7. Minnesota Statutes 2003 Supplement, section 44.24 148C.12, subdivision 3, is amended to read: 44.25 Subd. 3. [TEMPORARY PERMIT FEE.] The initial fee for 44.26 applicants under section 148C.04, subdivision 6, paragraph (a), 44.27 is $100. The fee for annual renewal of a temporary permit is 44.28 $100, but when the first expiration date occurs in less or more 44.29 than one year, the fee must be prorated. 44.30 ARTICLE 7 44.31 DENTISTRY TECHNICAL BILL 44.32 Section 1. Minnesota Statutes 2002, section 150A.06, as 44.33 amended by Laws 2003, First Special Session chapter 5, sections 44.34 1, 2, and 3, is amended to read: 44.35 150A.06 [LICENSURE.] 44.36 Subdivision 1. [DENTISTS.] A person of good moral 45.1 character not already a licensed dentist of the statewho has 45.2 graduated from a dental program accredited by the Commission on 45.3 Dental Accreditation of the American Dental Association, having 45.4 submitted an application and fee as prescribed by the board and45.5 the diploma or equivalent awarded to the person by a dental45.6 college approved by the board, may be examined by the board or 45.7 by an agency pursuant to section 150A.03, subdivision 1, in a 45.8 manner to test the applicant's fitness to practice dentistry. A 45.9 graduate of a dental college in another country must not be 45.10 disqualified from examination solely because of the applicant's 45.11 foreign training if the board determines that the training is 45.12 equivalent to or higher than that provided by a dental college 45.13 approvedaccredited by the Commission on Dental Accreditation of 45.14 the American Dental Association or a successor organization. In 45.15 the case of examinations conducted pursuant to section 150A.03, 45.16 subdivision 1, applicants mayshall take the examination prior 45.17 to applying to the board for licensure. The examination shall 45.18 include an examination of the applicant's knowledge of the laws 45.19 of Minnesota relating to dentistry and the rules of the board. 45.20 An applicant is ineligible to retake the clinical examination 45.21 required by the board after failing it twice until further 45.22 education and training are obtained as specified by the board by 45.23 rule. A separate, nonrefundable fee may be charged for each 45.24 time a person applies. An applicant who passes the examination 45.25 in compliance with subdivision 2b, abides by professional 45.26 ethical conduct requirements, and meets all other requirements 45.27 of the board shall be licensed to practice dentistry 45.28 and supplied withgranted a general dentist license by the board. 45.29 Subd. 1a. [FACULTY DENTISTS.] (a) Faculty members of a 45.30 school of dentistry must be licensed or registeredin order to 45.31 practice dentistry as defined in section 150A.05. The board may 45.32 issue to members of the faculty of a school of dentistry a 45.33 license designated as either a "limited faculty license" or a 45.34 "full faculty license" entitling the holder to practice 45.35 dentistry within the terms described in paragraph (b) or (c). 45.36 The dean of thea school of dentistry and program directors of 46.1 accrediteda Minnesota dental hygiene or dental assisting 46.2 schoolsschool accredited by the Commission on Dental 46.3 Accreditation of the American Dental Association shall certify 46.4 to the board those members of the school's faculty who practice 46.5 dentistry but are not licensed to practice dentistry in 46.6 Minnesota. A faculty member who practices dentistry as defined 46.7 in section 150A.05, before beginning duties in thea school of 46.8 dentistry or a dental hygiene or dental assisting school, shall 46.9 apply to the board for a limited or full faculty license. The 46.10 license expires the next July 1 and may, at the discretion of 46.11 the board, be renewed on a yearly basis. The faculty applicant 46.12 shall pay a nonrefundable fee set by the board for issuing and 46.13 renewing the faculty license. The faculty license is valid 46.14 during the time the holder remains a member of the faculty of a 46.15 school of dentistry or a dental hygiene or dental assisting 46.16 school and subjects the holder to this chapter. 46.17 (b) The board may issue to dentist members of the faculty 46.18 of an accrediteda Minnesota school of dentistry, dental 46.19 hygiene, or dental assisting accredited by the Commission on 46.20 Dental Accreditation of the American Dental Association, a 46.21 license designated as a limited faculty license entitling the 46.22 holder to practice dentistry within the school and its 46.23 affiliated teaching facilities, but only for the purposes 46.24 of instructingteaching or conducting research. The practice of 46.25 dentistry at a school facility for purposes other than 46.26 instructionteaching or research is not allowed unless the 46.27 faculty member is licensed under subdivision 1 or isdentist was 46.28 a faculty member on August 1, 1993. 46.29 (c) The board may issue to dentist members of the faculty 46.30 of an accrediteda Minnesota school of dentistry, dental 46.31 hygiene, or dental assisting accredited by the Commission on 46.32 Dental Accreditation of the American Dental Association a 46.33 license designated as a full faculty license entitling the 46.34 holder to practice dentistry within the school and its 46.35 affiliated teaching facilities and elsewhere if the holder of 46.36 the license is employed 50 percent time or more by the school in 47.1 the practice of teaching or research, and upon successful review 47.2 by the board of the applicant's qualifications as described in 47.3 subdivisions 1, 1c, and 4 and board rule. The board, at its 47.4 discretion, may waive specific licensing prerequisites. 47.5 Subd. 1b. [RESIDENT DENTISTS.] A person who is a graduate 47.6 of a dental school and is an enrolled graduate student or 47.7 student of an accredited advanced dental education program and 47.8 who is not licensed to practice dentistry in the state shall 47.9 obtain from the board a license to practice dentistry as a 47.10 resident dentist. The license must be designated "resident 47.11 dentist license" and authorizes the licensee to practice 47.12 dentistry only under the supervision of a licensed dentist. A 47.13 resident dentist license must be renewed annually pursuant to 47.14 the board's rules. An applicant for a resident dentist license 47.15 shall pay a nonrefundable fee set by the board for issuing and 47.16 renewing the license. The requirements of sections 150A.01 to 47.17 150A.21 apply to resident dentists except as specified in rules 47.18 adopted by the board. A resident dentist license does not 47.19 qualify a person for licensure under subdivision 1. This47.20 subdivision takes effect on September 1 following the date that47.21 the rules adopted under this subdivision become effective.47.22 Subd. 1c. [SPECIALTY DENTISTS.] (a) The board may grant a 47.23 specialty license in the followingspecialty areas of dentistry :47.24 (1) endodontics;47.25 (2) oral and maxillofacial surgery;47.26 (3) oral pathology;47.27 (4) orthodontics;47.28 (5) pediatric dentistry;47.29 (6) periodontics;47.30 (7) prosthodontics; and47.31 (8) public healththat are recognized by the American 47.32 Dental Association. 47.33 (b) Notwithstanding section 147.081, subdivision 3, a47.34 person practicing in the specialty area of oral and47.35 maxillofacial surgery must either be licensed by the board under47.36 subdivision 1, or have a specialty license in the oral and48.1 maxillofacial surgery specialty area. Notwithstanding paragraph48.2 (c), an oral and maxillofacial surgery specialty license may be48.3 issued to a person not licensed under subdivision 1.An 48.4 applicant for a specialty license shall: 48.5 (1) have successfully completed a postdoctoral specialty 48.6 education program accredited by the Commission on Dental 48.7 Accreditation of the American Dental Association, or have 48.8 announced a limitation of practice before 1967; 48.9 (2) have been certified by a specialty examining board 48.10 approved by the Minnesota Board of Dentistry, or provide 48.11 evidence of having passed a clinical examination for licensure 48.12 required for practice in any state or Canadian province, or in 48.13 the case of oral and maxillofacial surgeons only, have a 48.14 Minnesota medical license in good standing; 48.15 (3) have been in active practice or a postdoctoral 48.16 specialty education program or United States government service 48.17 at least 2,000 hours in the 36 months prior to applying for a 48.18 specialty license; 48.19 (4) if requested by the board, be interviewed by a 48.20 committee of the board, which may include the assistance of 48.21 specialists in the evaluation process, and satisfactorily 48.22 respond to questions designed to determine the applicant's 48.23 knowledge of dental subjects and ability to practice; 48.24 (5) if requested by the board, present complete records on 48.25 a sample of patients treated by the applicant. The sample must 48.26 be drawn from patients treated by the applicant during the 36 48.27 months preceding the date of application. The number of records 48.28 shall be established by the board. The records shall be 48.29 reasonably representative of the treatment typically provided by 48.30 the applicant; 48.31 (6) at board discretion, pass a board-approved English 48.32 proficiency test if English is not the applicant's primary 48.33 language; 48.34 (7) pass all components of the National Dental Board 48.35 examinations; 48.36 (8) pass the Minnesota Board of Dentistry jurisprudence 49.1 examination; 49.2 (9) abide by professional ethical conduct requirements; and 49.3 (10) meet all other requirements prescribed by the Board of 49.4 Dentistry. 49.5 (c) An applicant for a specialty license shallThe 49.6 application must include: 49.7 (1) have successfully completed an advanced education49.8 program approved by the Commission on Accreditation in one of49.9 the specialty areas;49.10 (2) have announced a limitation of practice before 1967; or49.11 (3) have been certified by a specialty examining board49.12 approved by the board.49.13 The board shall also require the applicant to be licensed49.14 under subdivision 1 or have an equivalent license in another49.15 state as determined by the board, meet all other requirements49.16 prescribed by the board, and pay a nonrefundable fee set by the49.17 board.49.18 (1) a completed application furnished by the board; 49.19 (2) at least two character references from two different 49.20 dentists, one of whom must be a dentist practicing in the same 49.21 specialty area, and the other the director of the specialty 49.22 program attended; 49.23 (3) a licensed physician's statement attesting to the 49.24 applicant's physical and mental condition; 49.25 (4) a statement from a licensed ophthalmologist or 49.26 optometrist attesting to the applicant's visual acuity; 49.27 (5) a nonrefundable fee; and 49.28 (6) a notarized, unmounted passport-type photograph, three 49.29 inches by three inches, taken not more than six months before 49.30 the date of application. 49.31 (d) A dentist with an equivalent license in another state49.32 and a specialty license in Minnesota is limited in Minnesota to49.33 practicing only in the specialty license area as defined by the49.34 board.A specialty dentist holding a specialty license is 49.35 limited to practicing in the dentist's designated specialty 49.36 area. The scope of practice must be defined by each national 50.1 specialty board recognized by the American Dental Association. 50.2 (e) A specialty dentist holding a general dentist license 50.3 is limited to practicing in the dentist's designated specialty 50.4 area if the dentist has announced a limitation of practice. The 50.5 scope of practice must be defined by each national specialty 50.6 board recognized by the American Dental Association. 50.7 (f) All specialty dentists who have fulfilled the specialty 50.8 dentist requirements and who intend to limit their practices to 50.9 a particular specialty area after January 1, 2005, may apply for 50.10 a specialty license. 50.11 Dentists who are licensed under this section prior to 50.12 January 1, 2005, and who limit their practice to a specialty 50.13 recognized by the American Dental Association may apply for a 50.14 specialty license but are not required to do so. 50.15 Subd. 2. [DENTAL HYGIENISTS.] A person of good moral 50.16 character not already a licensed dental hygienist of this state, 50.17 who has graduated from a dental hygiene program established in50.18 an institution that is accredited by an accrediting agency50.19 recognized by the United States Department of Education to offer50.20 college-level programsaccredited by the Commission on Dental 50.21 Accreditation of the American Dental Association and established 50.22 in an institution accredited by an agency recognized by the 50.23 United States Department of Education to offer college-level 50.24 programs, may apply for licensure. The dental hygiene program 50.25 must provide a minimum of two academic years of dental 50.26 hygiene curriculum and be accredited by the American Dental50.27 Association Commission on Dental Accreditationeducation. The 50.28 applicant must submit an application and fee as prescribed by 50.29 the board and a diploma or certificate of dental hygiene. Prior 50.30 to being licensed, the applicant must pass the National Board of 50.31 Dental Hygiene examination and a board approved examination 50.32 designed to determine the applicant's clinical competency. In 50.33 the case of examinations conducted pursuant to section 150A.03, 50.34 subdivision 1, applicants mayshall take the examination before 50.35 applying to the board for licensure. The applicant must also 50.36 pass an examination testing the applicant's knowledge of the 51.1 laws of Minnesota relating to the practice of dentistry and of 51.2 the rules of the board. An applicant is ineligible to retake 51.3 the clinical examination required by the board after failing it 51.4 twice until further education and training are obtained as 51.5 specified by theboard byrule. A separate, nonrefundable fee 51.6 may be charged for each time a person applies. An applicant who 51.7 passes the examination in compliance with subdivision 2b, abides 51.8 by professional ethical conduct requirements, and meets all the 51.9 other requirements of the board shall be licensed as a dental 51.10 hygienist and supplied with a license by the board. 51.11 Subd. 2a. [REGISTERED DENTAL ASSISTANT.] A person of good 51.12 moral character, who has submittedgraduated from a dental 51.13 assisting program accredited by the Commission on Dental 51.14 Accreditation of the American Dental Association, may apply for 51.15 registration. The applicant must submit an application and fee 51.16 as prescribed by the board and the diploma or equivalent awarded51.17 to the person by a training school forcertificate of dental 51.18 assistants or its equivalent approved by the board, may be51.19 examined by the board or by an agency pursuant to section51.20 150A.03, subdivision 1, in a manner to test the applicant's51.21 fitness to perform as a registered dental assistantassisting. 51.22 In the case of examinations conducted pursuant to section 51.23 150A.03, subdivision 1, applicants mayshall take the 51.24 examination before applying to the board for registration. The 51.25 examination shall include an examination of the applicant's 51.26 knowledge of the laws of Minnesota relating to dentistry and the 51.27 rules of the board. An applicant is ineligible to retake 51.28 the clinicalregistration examination required by the board 51.29 after failing it twice until further education and training are 51.30 obtained as specified by theboard byrule. A separate, 51.31 nonrefundable fee may be charged for each time a person 51.32 applies. An applicant who passes the examination in compliance 51.33 with subdivision 2b, abides by professional ethical conduct 51.34 requirements, and meets all the other requirements of the board 51.35 shall be registered as a dental assistant. The examination fee51.36 set by the board in rule is the application fee until the board52.1 amends, repeals, or otherwise changes the rules pursuant to52.2 chapter 14.52.3 Subd. 2b. [EXAMINATION.] When the Board members administer52.4 of Dentistry administers the examination for licensure or 52.5 registration, only those board members or board-appointed deputy 52.6 examiners qualified for the particular examination may 52.7 administer it. An examination which the board requires as a 52.8 condition of licensure or registration must have been taken 52.9 within the five years before the board receives the application 52.10 for licensure or registration. 52.11 Subd. 2c. [GUEST LICENSE OR REGISTRATION.] (a) The board 52.12 shall grant a guest license to practice as a dentist or dental 52.13 hygienist or a guest registration to practice as a dental 52.14 assistant if the following conditions are met: 52.15 (1) the dentist, dental hygienist, or dental assistant is 52.16 currently licensed or registered in good standing in North 52.17 Dakota, South Dakota, Iowa, or Wisconsin; 52.18 (2) the dentist, dental hygienist, or dental assistant is 52.19 currently engaged in the practice of that person's respective 52.20 profession in North Dakota, South Dakota, Iowa, or Wisconsin; 52.21 (3) the dentist, dental hygienist, or dental assistant is52.22 seeking towill limit that person's practice into a public 52.23 health setting in Minnesota that (i) is approved by the board; 52.24 (ii) was established by a nonprofit organization that is tax 52.25 exempt under chapter 501(c)(3) of the Internal Revenue Code of 52.26 1986; and (iii) provides dental care to patients who have 52.27 difficulty accessing dental care; 52.28 (4) the dentist, dental hygienist, or dental assistant 52.29 agrees to treat indigent patients who meet the eligibility 52.30 criteria established by the clinic; and 52.31 (5) the dentist, dental hygienist, or dental assistant has 52.32 applied to the board for a guest license or registration ,52.33 providing evidence of being currently licensed or registered in52.34 good standing in North Dakota, South Dakota, Iowa, or Wisconsin,52.35 and has paid a nonrefundable license fee to the board of $50not 52.36 to exceed $75. 53.1 (b) A dentist, dental hygienist, or dental assistant53.2 practicing under a guest license or registration may only53.3 practice at a single, specific location in Minnesota.A guest 53.4 license or registration must be renewed annually with the board 53.5 and an annual renewal fee of $50 must be paid to the board. If53.6 the clinic in Minnesota at which a dentist, dental hygienist, or53.7 dental assistant seeks to practice permanently ceases operation,53.8 the guest license or registration issued under this subdivision53.9 is automatically revokednot to exceed $75 must be paid. 53.10 (c) A dentist, dental hygienist, or dental assistant 53.11 practicing under a guest license or registration under this 53.12 subdivision shall have the same obligations as a dentist, dental 53.13 hygienist, or dental assistant who is licensed in Minnesota and 53.14 shall be subject to the laws and rules of Minnesota and the 53.15 regulatory authority of the board. If the board suspends or 53.16 revokes the guest license or registration of, or otherwise 53.17 disciplines, a dentist, dental hygienist, or dental assistant 53.18 practicing under this subdivision, the board shall promptly 53.19 report such disciplinary action to the dentist's, dental 53.20 hygienist's, or dental assistant's regulatory board in the 53.21 border state. 53.22 Subd. 2d. [VOLUNTEER AND RETIRED DENTISTS, DENTAL 53.23 HYGIENISTS, AND REGISTERED DENTAL ASSISTANTS CONTINUING 53.24 EDUCATION AND PROFESSIONAL DEVELOPMENT WAIVER.] (a) The board 53.25 shall grant a waiver to the continuing education requirements 53.26 under this chapter for a licensed dentist, licensed dental 53.27 hygienist, or registered dental assistant who documents to the 53.28 satisfaction of the board that the dentist, dental hygienist, or 53.29 registered dental assistant has retired from active practice in 53.30 the state and limits the provision of dental care services to 53.31 those offered without compensation in a public health, 53.32 community, or tribal clinic or a nonprofit organization that 53.33 provides services to the indigent or to recipients of medical 53.34 assistance, general assistance medical care, or MinnesotaCare 53.35 programs. 53.36 (b) The board may require written documentation from the 54.1 volunteer and retired dentist, dental hygienist, or registered 54.2 dental assistant prior to granting this waiver. 54.3 (c) The board shall require the volunteer and retired 54.4 dentist, dental hygienist, or registered dental assistant to 54.5 meet the following requirements: 54.6 (1) a licensee or registrant seeking a waiver under this 54.7 subdivision must complete and document at least five hours of 54.8 approved courses in infection control, medical emergencies, and 54.9 medical management for the continuing education cycle; and 54.10 (2) provide documentation of certification in advanced or 54.11 basic cardiac life support recognized by the American Heart 54.12 Association, the American Red Cross, or an equivalent entity. 54.13 Subd. 3. [WAIVER OF EXAMINATION.] (a) All or any part of 54.14 the examination for dentists or dental hygienists, except that 54.15 pertaining to the law of Minnesota relating to dentistry and the 54.16 rules of the board, may, at the discretion of the board, be 54.17 waived for an applicant who presents a certificate of 54.18 qualification from the National Board of Dental Examiners or 54.19 evidence of having maintained an adequate scholastic standing as 54.20 determined by the board, in dental school as to dentists, or 54.21 dental hygiene school as to dental hygienists. 54.22 (b) Effective January 1, 2004,The board shall waive the 54.23 clinical examination required for licensure for any dentist 54.24 applicant who is a graduate of a dental school accredited by the 54.25 Commission on Dental Accreditation of the American Dental 54.26 Association or an equivalent organization as determined by the54.27 board, who has successfully completed parts I and IIall 54.28 components of the National boardsDental Board examination, and 54.29 who has satisfactorily completed a Minnesota-based postdoctoral 54.30 general dentistry residency program (GPR) or an advanced 54.31 education in general dentistry (AEGD) program after January 1, 54.32 2004. The postdoctoral program must be accredited by the 54.33 Commission on Dental Accreditation of the American Dental 54.34 Association if the program is, be of at least one year's 54.35 duration, and includesinclude an outcome assessment evaluation 54.36 assessing the resident's competence to practice dentistry. The 55.1 board may require the applicant to submit any information deemed 55.2 necessary by the board to determine whether the waiver is 55.3 applicable. The board may waive the clinical examination for an 55.4 applicant who meets the requirements of this paragraph and has 55.5 satisfactorily completed an accredited postdoctoral general 55.6 dentistry residency program located outside of Minnesota. 55.7 Subd. 4. [LICENSURE BY CREDENTIALS.] (a) Any person who is55.8 lawfully practicing dentistry or dental hygiene in another state55.9 or Canadian province having and maintaining a standard of55.10 examination for licensure and of laws regulating the practice55.11 within that state or Canadian province, substantially equivalent55.12 to Minnesota's, as determined by the board, who is a reputable55.13 dentist or dental hygienist of good moral character, and who55.14 deposits, in person, with the Board of Dentistry a certificate55.15 from the board of dentistry of the state or Canadian province in55.16 which the applicant is licensed, certifying to the fact of55.17 licensure and that the applicant is of good moral character and55.18 professional attainments, shall, upon payment of the fee55.19 established by the board, be interviewed by the board. The55.20 interview shall consist of assessing the applicant's knowledge55.21 of dental subjects. If the applicant does not demonstrate the55.22 minimum knowledge in dental subjects required for licensure55.23 under subdivisions 1 and 2, the application shall be denied.55.24 When denying a license, the board may notify the applicant of55.25 any specific course that the applicant could take which, if55.26 passed, would qualify the applicant for licensure. The denial55.27 shall not prohibit the applicant from applying for licensure55.28 under subdivisions 1 and 2. If the applicant demonstrates the55.29 minimum knowledge in dental subjects required for licensure55.30 under subdivisions 1 and 2 and meets the other requirements of55.31 this subdivision, a license shall be granted to practice in this55.32 state, if the applicant passes an examination on the laws of55.33 Minnesota relating to dentistry and the rules of the Board of55.34 Dentistry.dentist or dental hygienist may, upon application and 55.35 payment of a fee established by the board, apply for licensure 55.36 based on the applicant's performance record in lieu of passing 56.1 an examination approved by the board according to section 56.2 150A.03, subdivision 1, and be interviewed by the board to 56.3 determine if the applicant: 56.4 (1) has been in active practice at least 2,000 hours within 56.5 36 months of the application date, or passed a board-approved 56.6 re-entry program within 36 months of the application date; 56.7 (2) currently has a license in another state or Canadian 56.8 province and is not subject to any pending or final disciplinary 56.9 action, or if not currently licensed, previously had a license 56.10 in another state or Canadian province in good standing that was 56.11 not subject to any final or pending disciplinary action at the 56.12 time of surrender; 56.13 (3) is of good moral character and abides by professional 56.14 ethical conduct requirements; 56.15 (4) at board discretion, has passed a board-approved 56.16 English proficiency test if English is not the applicant's 56.17 primary language; and 56.18 (5) meets other credentialing requirements specified in 56.19 board rule. 56.20 (b) An applicant who fulfills the conditions of this 56.21 subdivision and demonstrates the minimum knowledge in dental 56.22 subjects required for licensure under subdivision 1 or 2 must be 56.23 licensed to practice the applicant's profession. 56.24 (c) If the applicant does not demonstrate the minimum 56.25 knowledge in dental subjects required for licensure under 56.26 subdivision 1 or 2, the application must be denied. When 56.27 denying a license, the board may notify the applicant of any 56.28 specific remedy that the applicant could take which, when 56.29 passed, would qualify the applicant for licensure. A denial 56.30 does not prohibit the applicant from applying for licensure 56.31 under subdivision 1 or 2. 56.32 (d) A candidate whose application has been denied may 56.33 appeal the decision to the board according to subdivision 4a. 56.34 Subd. 4a. [APPEAL OF DENIAL OF APPLICATION.] A person 56.35 whose application for licensure or registration by credentials 56.36 has been denied may appeal the decision to the board. The board 57.1 shall establish an appeals process and inform a denied candidate 57.2 of the right to appeal and the process for filing the appeal. 57.3 Subd. 5. [FRAUD IN SECURING LICENSES OR REGISTRATIONS.] 57.4 Every person implicated in employing fraud or deception in 57.5 applying for or securing a license or registration to practice 57.6 dentistry or, dental hygiene, or in applying for or securing a57.7 registration to practicedental assisting or in 57.8 annually registeringrenewing a license or registration under 57.9 sections 150A.01 to 150A.12 is guilty of a gross misdemeanor. 57.10 Subd. 6. [DISPLAY OF NAME AND CERTIFICATES.] The name,57.11 initial license and subsequent renewal, or current registration 57.12 certificate, and annual registration certificateof every 57.13 licenseddentist, dental hygienist, or registereddental 57.14 assistant shall be conspicuously displayed in every office in 57.15 which that person practices, in plain sight of patients. If57.16 there is more than one dentist, dental hygienist, or registered57.17 dental assistant practicing or employed in any office, the57.18 manager or proprietor of the office shall display in plain sight57.19 the name, license certificate and annual registration57.20 certificate of each dentist, dental hygienist, or registered57.21 dental assistant practicing or employed there.Near or on the 57.22 entrance door to every office where dentistry is practiced, the 57.23 name of each dentist practicing there, as inscribed on 57.24 the current license certificate and annual registration57.25 certificate of each dentist, shall be displayed in plain sight. 57.26 Subd. 7. [ADDITIONAL REMEDIES FOR LICENSURE AND 57.27 REGISTRATION.] On a case-by-case basis, for initial or renewal 57.28 of licensure or registration, the board may add additional 57.29 remedies for deficiencies found based on the applicant's 57.30 performance, character, and education. 57.31 Subd. 8. [REGISTRATION BY CREDENTIALS.] (a) Any dental 57.32 assistant may, upon application and payment of a fee established 57.33 by the board, apply for registration based on an evaluation of 57.34 the applicant's education, experience, and performance record in 57.35 lieu of completing a board-approved dental assisting program for 57.36 expanded functions as defined in rule, and may be interviewed by 58.1 the board to determine if the applicant: 58.2 (1) has graduated from an accredited dental assisting 58.3 program accredited by the Commission of Dental Accreditation of 58.4 the American Dental Association, or is currently certified by 58.5 the Dental Assisting National Board; 58.6 (2) is not subject to any pending or final disciplinary 58.7 action in another state or Canadian province, or if not 58.8 currently certified or registered, previously had a 58.9 certification or registration in another state or Canadian 58.10 province in good standing that was not subject to any final or 58.11 pending disciplinary action at the time of surrender; 58.12 (3) is of good moral character and abides by professional 58.13 ethical conduct requirements; 58.14 (4) at board discretion, has passed a board-approved 58.15 English proficiency test if English is not the applicant's 58.16 primary language; and 58.17 (5) has met all expanded functions curriculum equivalency 58.18 requirements of a Minnesota board-approved dental assisting 58.19 program. 58.20 (b) The board, at its discretion, may waive specific 58.21 registration requirements in paragraph (a). 58.22 (c) An applicant who fulfills the conditions of this 58.23 subdivision and demonstrates the minimum knowledge in dental 58.24 subjects required for registration under subdivision 2a must be 58.25 registered to practice the applicant's profession. 58.26 (d) If the applicant does not demonstrate the minimum 58.27 knowledge in dental subjects required for registration under 58.28 subdivision 2a, the application must be denied. If registration 58.29 is denied, the board may notify the applicant of any specific 58.30 remedy that the applicant could take which, when passed, would 58.31 qualify the applicant for registration. A denial does not 58.32 prohibit the applicant from applying for registration under 58.33 subdivision 2a. 58.34 (e) A candidate whose application has been denied may 58.35 appeal the decision to the board according to subdivision 4a. 58.36 Sec. 2. Minnesota Statutes 2002, section 150A.08, 59.1 subdivision 1, is amended to read: 59.2 Subdivision 1. [GROUNDS.] The board may refuse or by order 59.3 suspend or revoke, limit or modify by imposing conditions it 59.4 deems necessary, any license to practice dentistry or dental 59.5 hygiene or the registration of any dental assistant upon any of 59.6 the following grounds: 59.7 (1) fraud or deception in connection with the practice of 59.8 dentistry or the securing of a license or annualregistration 59.9 certificate; 59.10 (2) conviction, including a finding or verdict of guilt, an 59.11 admission of guilt, or a no contest plea, in any court of a 59.12 felony or gross misdemeanor reasonably related to the practice 59.13 of dentistry as evidenced by a certified copy of the conviction; 59.14 (3) conviction, including a finding or verdict of guilt, an 59.15 admission of guilt, or a no contest plea, in any court of an 59.16 offense involving moral turpitude as evidenced by a certified 59.17 copy of the conviction; 59.18 (4) habitual overindulgence in the use of intoxicating 59.19 liquors; 59.20 (5) improper or unauthorized prescription, dispensing, 59.21 administering, or personal or other use of any legend drug as 59.22 defined in chapter 151, of any chemical as defined in chapter 59.23 151, or of any controlled substance as defined in chapter 152; 59.24 (6) conduct unbecoming a person licensed to practice 59.25 dentistry or dental hygiene or registered as a dental assistant, 59.26 or conduct contrary to the best interest of the public, as such 59.27 conduct is defined by the rules of the board; 59.28 (7) gross immorality; 59.29 (8) any physical, mental, emotional, or other disability 59.30 which adversely affects a dentist's, dental hygienist's, or 59.31 registered dental assistant's ability to perform the service for 59.32 which the person is licensed or registered; 59.33 (9) revocation or suspension of a license, registration, or 59.34 equivalent authority to practice, or other disciplinary action 59.35 or denial of a license or registration application taken by a 59.36 licensing, registering, or credentialing authority of another 60.1 state, territory, or country as evidenced by a certified copy of 60.2 the licensing authority's order, if the disciplinary action or 60.3 application denial was based on facts that would provide a basis 60.4 for disciplinary action under this chapter and if the action was 60.5 taken only after affording the credentialed person or applicant 60.6 notice and opportunity to refute the allegations or pursuant to 60.7 stipulation or other agreement; 60.8 (10) failure to maintain adequate safety and sanitary 60.9 conditions for a dental office in accordance with the standards 60.10 established by the rules of the board; 60.11 (11) employing, assisting, or enabling in any manner an 60.12 unlicensed person to practice dentistry; 60.13 (12) failure or refusal to attend, testify, and produce 60.14 records as directed by the board under subdivision 7; 60.15 (13) violation of, or failure to comply with, any other 60.16 provisions of sections 150A.01 to 150A.12, the rules of the 60.17 Board of Dentistry, or any disciplinary order issued by the 60.18 board, section 144.335 or 595.02, subdivision 1, paragraph (d), 60.19 or for any other just cause related to the practice of 60.20 dentistry. Suspension, revocation, modification or limitation 60.21 of any license shall not be based upon any judgment as to 60.22 therapeutic or monetary value of any individual drug prescribed 60.23 or any individual treatment rendered, but only upon a repeated 60.24 pattern of conduct; 60.25 (14) knowingly providing false or misleading information 60.26 that is directly related to the care of that patient unless done 60.27 for an accepted therapeutic purpose such as the administration 60.28 of a placebo; or 60.29 (15) aiding suicide or aiding attempted suicide in 60.30 violation of section 609.215 as established by any of the 60.31 following: 60.32 (i) a copy of the record of criminal conviction or plea of 60.33 guilty for a felony in violation of section 609.215, subdivision 60.34 1 or 2; 60.35 (ii) a copy of the record of a judgment of contempt of 60.36 court for violating an injunction issued under section 609.215, 61.1 subdivision 4; 61.2 (iii) a copy of the record of a judgment assessing damages 61.3 under section 609.215, subdivision 5; or 61.4 (iv) a finding by the board that the person violated 61.5 section 609.215, subdivision 1 or 2. The board shall 61.6 investigate any complaint of a violation of section 609.215, 61.7 subdivision 1 or 2. 61.8 Sec. 3. Minnesota Statutes 2002, section 150A.09, 61.9 subdivision 4, is amended to read: 61.10 Subd. 4. [DUPLICATE CERTIFICATES.] Duplicate licenses or 61.11 duplicate annualcertificates of license renewal may be issued 61.12 by the board upon satisfactory proof of the need for the 61.13 duplicates and upon payment of the fee established by the board. 61.14 ARTICLE 8 61.15 PODIATRISTS MEDICAL LICENSING MODIFICATIONS 61.16 Section 1. Minnesota Statutes 2002, section 153.01, 61.17 subdivision 2, is amended to read: 61.18 Subd. 2. [PODIATRIC MEDICINE.] "Podiatric medicine" means 61.19 the diagnosis or medical, mechanical, or surgical treatment of 61.20 the ailments of the human hand, foot, ankle, and the soft tissue 61.21 of the lower leg distal to the tibial tuberosity , including. 61.22 Medical or surgical treatment includes partial foot 61.23 amputation of the toe, but not includingand excludes amputation 61.24 of the foot,hand ,or fingers , or the. Use of local 61.25 anesthetics is within the scope of medical and surgical 61.26 management in patient care. Use of anesthetics, other than 61.27 local anesthetics, is excluded, except as provided in section 61.28 153.26. Podiatric medicine includes the prescribing or 61.29 recommending of appliances, devices, or shoes for the correction 61.30 or relief of foot ailments. Podiatric medicine includes the 61.31 prescribing or administering of any drugs or medications 61.32 necessary or helpful to the practice of podiatrypodiatric 61.33 medicine as defined by this subdivision , provided, however, that61.34 licensed podiatrists shall be restricted in their prescribing or61.35 administering of any drugs or medications by the limitations61.36 imposed on the scope of practice of podiatric medicine as62.1 defined in this chapter. For a podiatrist who has completed a 62.2 residency, podiatric medicine includes the performance of all or 62.3 part of the medical history and physical examination for the 62.4 purpose of hospital admission for podiatric management or 62.5 preoperative podiatric surgery. 62.6 Sec. 2. Minnesota Statutes 2002, section 153.16, 62.7 subdivision 1, is amended to read: 62.8 Subdivision 1. [LICENSE REQUIREMENTS.] The board shall 62.9 issue a license to practice podiatric medicine to a person who 62.10 meets the following requirements: 62.11 (a) The applicant for a license shall file a written 62.12 notarized application on forms provided by the board, showing to 62.13 the board's satisfaction that the applicant is of good moral 62.14 character and satisfies the requirements of this section. 62.15 (b) The applicant shall present evidence satisfactory to 62.16 the board of being a graduate of a podiatric medical school 62.17 approved by the board based upon its faculty, curriculum, 62.18 facilities, accreditation by a recognized national accrediting 62.19 organization approved by the board, and other relevant factors. 62.20 (c) The applicant must have passed an examinationreceived 62.21 a passing score on each part of the national board examinations, 62.22 parts one and two, prepared and graded by the National Board of 62.23 Podiatric Medical Examiners and also pass a state clinical62.24 examination prepared and graded by the state Board of Podiatric62.25 Medicine or a national clinical examination prepared and graded62.26 by the National Board of Podiatric Medical Examiners. The board62.27 shall by rule determine what score constitutes a passing score62.28 in each examination. The passing score for each part of the 62.29 national board examinations, parts one and two, is as defined by 62.30 the National Board of Podiatric Medical Examiners. 62.31 (d) Applicants graduating after 1986 from a podiatric 62.32 medical school shall present evidence satisfactory to the board 62.33 of the completion of (1) one year of graduate, clinical 62.34 residency or preceptorship in a program accredited by a national 62.35 accrediting organization approved by the board or (2) other 62.36 graduate training that meets standards equivalent to those of an 63.1 approved national accrediting organization or school of 63.2 podiatric medicine. 63.3 (e) The applicant shall appear in person before the board 63.4 or its designated representative to show that the applicant 63.5 satisfies the requirements of this section, including knowledge 63.6 of laws, rules, and ethics pertaining to the practice of 63.7 podiatric medicine. The board may establish as internal 63.8 operating procedures the procedures or requirements for the 63.9 applicant's personal presentation. 63.10 (f) The applicant shall pay a fee established by the board 63.11 by rule. The fee shall not be refunded. 63.12 (g) The applicant must not have engaged in conduct 63.13 warranting disciplinary action against a licensee. If the 63.14 applicant does not satisfy the requirements of this paragraph, 63.15 the board may refuse to issue a license unless it determines 63.16 that the public will be protected through issuance of a license 63.17 with conditions and limitations the board considers appropriate. 63.18 (h) Upon payment of a fee as the board may require, an 63.19 applicant who fails to pass an examination and is refused a 63.20 license is entitled to reexamination within one year of the 63.21 board's refusal to issue the license. No more than two 63.22 reexaminations are allowed without a new application for a 63.23 license. 63.24 Sec. 3. Minnesota Statutes 2002, section 153.16, 63.25 subdivision 2, is amended to read: 63.26 Subd. 2. [APPLICANTS LICENSED IN ANOTHER STATE.] The board 63.27 shall issue a license to practice podiatric medicine to any 63.28 person currently or formerly licensed to practice podiatric 63.29 medicine in another state who satisfies the requirements of this 63.30 section: 63.31 (a) The applicant shall satisfy the requirements 63.32 established in subdivision 1. 63.33 (b) The applicant shall present evidence satisfactory to 63.34 the board indicating the current status of a license to practice 63.35 podiatric medicine issued by the proper agency in another state63.36 or countryfirst state of licensure and all other states and 64.1 countries in which the individual has held a license. 64.2 (c) If the applicant must not havehas had a license 64.3 revoked, engaged in conduct warranting disciplinary action 64.4 against a licenseethe applicant's license, or been subjected to 64.5 disciplinary action, in another state . If an applicant does not64.6 satisfy the requirements of this paragraph, the board may refuse 64.7 to issue a license unless it determines that the public will be 64.8 protected through issuance of a license with conditions or 64.9 limitations the board considers appropriate. 64.10 (d) The applicant shall submit with the license application 64.11 the following additional information for the five-year period 64.12 preceding the date of filing of the application: (1) the name 64.13 and address of the applicant's professional liability insurer in 64.14 the other state; and (2) the number, date, and disposition of 64.15 any podiatric medical malpractice settlement or award made to 64.16 the plaintiff relating to the quality of podiatric medical 64.17 treatment. 64.18 (e) If the license is active, the applicant shall submit 64.19 with the license application evidence of compliance with the 64.20 continuing education requirements in the current state of 64.21 licensure. 64.22 (f) If the license is inactive, the applicant shall submit 64.23 with the license application evidence of participation in 64.24 one-half the number of hours of acceptable continuing education 64.25 required for biennial renewal, as specified under Minnesota 64.26 Rules, up to five years. If the license has been inactive for 64.27 more than two years, the amount of acceptable continuing 64.28 education required must be obtained during the two years 64.29 immediately before application or the applicant must provide 64.30 other evidence as the board may reasonably require. 64.31 Sec. 4. Minnesota Statutes 2002, section 153.19, 64.32 subdivision 1, is amended to read: 64.33 Subdivision 1. [GROUNDS LISTED.] The board may refuse to 64.34 grant a license or may impose disciplinary action as described 64.35 in this section against any doctor of podiatric medicine. The 64.36 following conduct is prohibited and is grounds for disciplinary 65.1 action: 65.2 (1) failure to demonstrate the qualifications or satisfy 65.3 the requirements for a license contained in this chapter or 65.4 rules of the board; the burden of proof shall be upon the 65.5 applicant to demonstrate the qualifications or satisfaction of 65.6 the requirements; 65.7 (2) obtaining a license by fraud or cheating or attempting 65.8 to subvert the licensing examination process; 65.9 (3) conviction, during the previous five years, of a felony 65.10 reasonably related to the practice of podiatric medicine; 65.11 (4) revocation, suspension, restriction, limitation, or 65.12 other disciplinary action against the person's podiatric medical 65.13 license in another state or jurisdiction, failure to report to 65.14 the board that charges regarding the person's license have been 65.15 brought in another state or jurisdiction, or having been refused 65.16 a license by any other state or jurisdiction; 65.17 (5) advertising that is false or misleading; 65.18 (6) violating a rule adopted by the board or an order of 65.19 the board, a state, or federal law that relates to the practice 65.20 of podiatric medicine, or in part regulates the practice of 65.21 podiatric medicine, or a state or federal narcotics or 65.22 controlled substance law; 65.23 (7) engaging in any unethical conduct; conduct likely to 65.24 deceive, defraud, or harm the public, or demonstrating a willful 65.25 or careless disregard for the health, welfare, or safety of a 65.26 patient; or podiatric medical practice that is professionally 65.27 incompetent, in that it may create unnecessary danger to any 65.28 patient's life, health, or safety, in any of which cases, proof 65.29 of actual injury need not be established; 65.30 (8) failure to supervise a preceptor or, resident, other 65.31 graduate trainee, or undergraduate student; 65.32 (9) aiding or abetting an unlicensed person in the practice 65.33 of podiatric medicine, except that it is not a violation of this 65.34 clause for a podiatrist to employ, supervise, or delegate 65.35 functions to a qualified person who may or may not be required 65.36 to obtain a license or registration to provide health services 66.1 if that person is practicing within the scope of that person's 66.2 license or registration or delegated authority; 66.3 (10) adjudication as mentally incompetent, or a person who 66.4 is mentally ill, or as a chemically dependent person, a person 66.5 dangerous to the public, a sexually dangerous person, or a 66.6 person who has a sexual psychopathic personality by a court of 66.7 competent jurisdiction, within or without this state; 66.8 (11) engaging in unprofessional conduct that includes any 66.9 departure from or the failure to conform to the minimal 66.10 standards of acceptable and prevailing podiatric medical 66.11 practice, but actual injury to a patient need not be 66.12 established; 66.13 (12) inability to practice podiatric medicine with 66.14 reasonable skill and safety to patients by reason of illness or 66.15 chemical dependency or as a result of any mental or physical 66.16 condition, including deterioration through the aging process or 66.17 loss of motor skills; 66.18 (13) revealing a privileged communication from or relating 66.19 to a patient except when otherwise required or permitted by law; 66.20 (14) improper management of medical records, including 66.21 failure to maintain adequate medical records, to comply with a 66.22 patient's request made under section 144.335 or to furnish a 66.23 medical record or report required by law; 66.24 (15) accepting, paying, or promising to pay a part of a fee 66.25 in exchange for patient referrals; 66.26 (16) engaging in abusive or fraudulent billing practices, 66.27 including violations of the federal Medicare and Medicaid laws 66.28 or state medical assistance laws; 66.29 (17) becoming addicted or habituated to a drug or 66.30 intoxicant; 66.31 (18) prescribing a drug for other than medically accepted 66.32 therapeutic or experimental or investigative purposes authorized 66.33 by a state or federal agency; 66.34 (19) engaging in sexual conduct with a patient or conduct 66.35 that may reasonably be interpreted by the patient as sexual, or 66.36 in verbal behavior which is seductive or sexually demeaning to a 67.1 patient; 67.2 (20) failure to make reports as required by section 153.24 67.3 or to cooperate with an investigation of the board as required 67.4 by section 153.20; 67.5 (21) knowingly providing false or misleading information 67.6 that is directly related to the care of that patient unless done 67.7 for an accepted therapeutic purpose such as the administration 67.8 of a placebo. 67.9 Sec. 5. Minnesota Statutes 2002, section 153.24, 67.10 subdivision 4, is amended to read: 67.11 Subd. 4. [INSURERS.] Four times a year as prescribed by67.12 the board, by the first day of the months of February, May, 67.13 August, and November of each year, each insurer authorized to 67.14 sell insurance described in section 60A.06, subdivision 1, 67.15 clause (13), and providing professional liability insurance to 67.16 podiatrists shall submit to the board a report concerning the 67.17 podiatrists against whom podiatric medical malpractice 67.18 settlements or awards have been made to the plaintiff. The 67.19 report must contain at least the following information: 67.20 (1) the total number of podiatric malpractice settlements 67.21 or awards made to the plaintiff; 67.22 (2) the date the podiatric malpractice settlements or 67.23 awards to the plaintiff were made; 67.24 (3) the allegations contained in the claim or complaint 67.25 leading to the settlements or awards made to the plaintiff; 67.26 (4) the dollar amount of each podiatric malpractice 67.27 settlement or award; 67.28 (5) the regular address of the practice of the podiatrist 67.29 against whom an award was made or with whom a settlement was 67.30 made; and 67.31 (6) the name of the podiatrist against whom an award was 67.32 made or with whom a settlement was made. 67.33 The insurance company shall, in addition to the foregoing 67.34 information, report to the board any information it has that 67.35 tends to substantiate a charge that a podiatrist may have 67.36 engaged in conduct violating the law as specified in this 68.1 chapter. 68.2 Sec. 6. Minnesota Statutes 2002, section 153.25, 68.3 subdivision 1, is amended to read: 68.4 Subdivision 1. [REPORTING.] Any person, health care 68.5 facility, business, or organization is immune from civil 68.6 liability or criminal prosecution for submitting a report to the 68.7 board under section 153.24 or for otherwise reporting to the 68.8 board violations or alleged violations of section 68.9 153.19. Reports are confidential data on individuals under 68.10 section 13.02, subdivision 3, and are privileged communications. 68.11 Sec. 7. [REPEALER.] 68.12 Minnesota Rules, parts 6900.0020, subparts 3, 3a, 9, and 68.13 10; and 6900.0400, are repealed. 68.14 ARTICLE 9 68.15 APPLICATION FOR DESIGNATION OF AN ESSENTIAL COMMUNITY PROVIDER 68.16 Section 1. Minnesota Statutes 2003 Supplement, section 68.17 62Q.19, subdivision 2, is amended to read: 68.18 Subd. 2. [APPLICATION.] (a) Any provider may apply to the 68.19 commissioner for designation as an essential community provider 68.20 by submitting an application form developed by the 68.21 commissioner. Except as provided in paragraphs (d) and (e), 68.22 applications must be accepted within two years after the 68.23 effective date of the rules adopted by the commissioner to 68.24 implement this section. 68.25 (b) Each application submitted must be accompanied by an 68.26 application fee in an amount determined by the commissioner. 68.27 The fee shall be no more than what is needed to cover the 68.28 administrative costs of processing the application. 68.29 (c) The name, address, contact person, and the date by 68.30 which the commissioner's decision is expected to be made shall 68.31 be classified as public data under section 13.41. All other 68.32 information contained in the application form shall be 68.33 classified as private data under section 13.41 until the 68.34 application has been approved, approved as modified, or denied 68.35 by the commissioner. Once the decision has been made, all 68.36 information shall be classified as public data unless the 69.1 applicant designates and the commissioner determines that the 69.2 information contains trade secret information. 69.3 (d) The commissioner shall accept an application for 69.4 designation as an essential community provider until June 30, 69.5 20012004, from :69.6 (1)one applicant that is a nonprofit community health care69.7 facility,services agency certified as a medical assistance 69.8 provider effective April 1, 1998,that provides culturally69.9 competent health care to an underserved Southeast Asian69.10 immigrant and refugee population residing in the immediate69.11 neighborhood of the facility;69.12 (2) one applicant that is a nonprofit home health care69.13 provider, certified as a Medicare and a medical assistance69.14 provider that provides culturally competent home health care69.15 services to a low-income culturally diverse population;69.16 (3) up to five applicants that are nonprofit community69.17 mental health centers certified as medical assistance providers69.18 that provide mental health services to children with serious69.19 emotional disturbance and their families or to adults with69.20 serious and persistent mental illness; and69.21 (4) one applicant that is a nonprofit provider certified as69.22 a medical assistance provider that provides mental health, child69.23 development, and family services to children with physical and69.24 mental health disorders and their families.69.25 (e) The commissioner shall accept an application for69.26 designation as an essential community provider until June 30,69.27 2003, from one applicant that is a nonprofit community clinic69.28 located in Hennepin County that provides health care to an69.29 underserved American Indian population and that is collaborating69.30 with other neighboring organizations on a community diabetes69.31 project and an immunization project.mental health, behavioral 69.32 health, chemical dependency, employment, and health wellness 69.33 services to the underserved Spanish-speaking Latino families and 69.34 individuals with locations in Minneapolis and St. Paul. 69.35 Sec. 2. [EFFECTIVE DATE.] 69.36 Section 1 is effective the day following final enactment. 70.1 ARTICLE 10 70.2 EDUCATION AND PRECAUTIONS REGARDING VACCINES 70.3 Section 1. Minnesota Statutes 2003 Supplement, section 70.4 121A.15, subdivision 3a, is amended to read: 70.5 Subd. 3a. [DISCLOSURES REQUIRED.] (a) This paragraph 70.6 applies to any written information about immunization 70.7 requirements for enrollment in a school or child care facility 70.8 that: 70.9 (1) is provided to a person to be immunized or enrolling or 70.10 enrolled in a school or child care facility, or to the person's 70.11 parent or guardian if the person is under 18 years of age and 70.12 not emancipated; and 70.13 (2) is provided by the Department of Health; the Department 70.14 of Education; the Department of Human Services; an immunization 70.15 provider; or a school or child care facility. 70.16 Such written information must describe the exemptions from 70.17 immunizations permitted under subdivision 3, paragraphs (c) and 70.18 (d). The information on exemptions from immunizations provided 70.19 according to this paragraph must be in a font size at least 70.20 equal to the font size of the immunization requirements, in the 70.21 same font style as the immunization requirements, and on the 70.22 same page of the written document as the immunization 70.23 requirements. 70.24 (b) Before immunizing a person, an immunization provider 70.25 must provide the person, or the person's parent or guardian if 70.26 the person is under 18 years of age and not emancipated, with 70.27 the following information in writing: 70.28 (1) a list of the immunizations required for enrollment in 70.29 a school or child care facility; 70.30 (2) a description of the exemptions from immunizations 70.31 permitted under subdivision 3, paragraphs (c) and (d); 70.32 (3) a list of additional immunizations currently 70.33 recommended by the commissioner; and 70.34 (4) in accordance with federal law, a copy of the vaccine 70.35 information sheet from the federal Department of Health and 70.36 Human Services that lists possible adverse reactions to the 71.1 immunization to be provided. 71.2 (c) The commissioner will continue the educational campaign 71.3 to providers and hospitals on vaccine safety including, but not 71.4 limited to, information on the vaccine adverse events reporting 71.5 system (VAERS), the federal vaccine information statements 71.6 (VIS), and medical precautions and contraindications to 71.7 immunizations. 71.8 (d) The commissioner will encourage providers to provide 71.9 the vaccine information statements at multiple visits and in 71.10 anticipation of subsequent immunizations. 71.11 (e) The commissioner will encourage providers to use 71.12 existing screening for immunization precautions and 71.13 contraindication materials and make proper use of the vaccine 71.14 adverse events reporting system (VAERS). 71.15 (f) In consultation with groups and people identified in 71.16 subdivision 12, paragraph (a), clause (1), the commissioner will 71.17 continue to develop and make available patient education 71.18 materials on immunizations including, but not limited to, 71.19 contraindications and precautions regarding vaccines. 71.20 (g) The commissioner will encourage health care providers 71.21 to use thimerosal-free vaccines when available. 71.22 Sec. 2. Minnesota Statutes 2003 Supplement, section 71.23 121A.15, subdivision 12, is amended to read: 71.24 Subd. 12. [MODIFICATIONS TO SCHEDULE.] (a) The 71.25 commissioner of health may adopt modifications to the 71.26 immunization requirements of this section. A proposed 71.27 modification made under this subdivision must be part of the 71.28 current immunization recommendations of each of the following 71.29 organizations: the United States Public Health Service's 71.30 Advisory Committee on Immunization Practices, the American 71.31 Academy of Family Physicians, and the American Academy of 71.32 Pediatrics. In proposing a modification to the immunization 71.33 schedule, the commissioner must: 71.34 (1) consult with (i) the commissioner of education; the 71.35 commissioner of human services; the chancellor of the Minnesota 71.36 State Colleges and Universities; and the president of the 72.1 University of Minnesota; and (ii) the Minnesota Natural Health 72.2 Coalition, Vaccine Awareness Minnesota, Biological Education for 72.3 Autism Treatment (BEAT), the Minnesota Academy of Family 72.4 Physicians, the American Academy of Pediatrics-Minnesota 72.5 Chapter, and the Minnesota Nurses Association; and 72.6 (2) consider the following criteria: the epidemiology of 72.7 the disease, the morbidity and mortality rates for the disease, 72.8 the safety and efficacy of the vaccine, the cost of a 72.9 vaccination program, the cost of enforcing vaccination 72.10 requirements, and a cost-benefit analysis of the vaccination. 72.11 (b) Before a proposed modification may be adopted, the 72.12 commissioner must notify the chairs of the house and senate 72.13 committees with jurisdiction over health policy issues. If the 72.14 chairs of the relevant standing committees determine a public 72.15 hearing regarding the proposed modifications is in order, the 72.16 hearing must be scheduled within 60 days of receiving notice 72.17 from the commissioner. If a hearing is scheduled, the 72.18 commissioner may not adopt any proposed modifications until 72.19 after the hearing is held. 72.20 (c) The commissioner shall comply with the requirements of 72.21 chapter 14 regarding the adoption of any proposed modifications 72.22 to the immunization schedule. 72.23 (d) In addition to the publication requirements of chapter 72.24 14, the commissioner of health must inform all immunization 72.25 providers of any adopted modifications to the immunization 72.26 schedule in a timely manner. 72.27 ARTICLE 11 72.28 EMERGENCY HEALTH POWERS REAUTHORIZATION 72.29 Section 1. Minnesota Statutes 2002, section 12.03, 72.30 subdivision 4d, is amended to read: 72.31 Subd. 4d. [FACILITY.] "Facility" means any real property, 72.32 building, structure, or other improvement to real property or 72.33 any motor vehicle, rolling stock, aircraft, watercraft, or other 72.34 means of transportation. Facility does not include a private 72.35 residence but may include a licensed health care facility only 72.36 when other alternatives are not feasible. 73.1 Sec. 2. Minnesota Statutes 2002, section 12.39, 73.2 subdivision 2, is amended to read: 73.3 Subd. 2. [INFORMATION GIVEN.] Where feasible,Before 73.4 performing examinations, testing, treatment, or vaccination of 73.5 an individual under subdivision 1, a health care provider shall 73.6 notify the individual of the right to refuse the examination, 73.7 testing, treatment, or vaccination, and the consequences, 73.8 including isolation or quarantine, upon refusal. 73.9 Sec. 3. [12.60] [DEFINITIONS.] 73.10 Subdivision 1. [APPLICABILITY.] For purposes of sections 73.11 12.60 to 12.64, the definitions in this section apply. 73.12 Subd. 2. [COMMISSIONER.] "Commissioner" means the 73.13 commissioner of health. 73.14 Subd. 3. [DIRECTOR.] "Director" means the director of the 73.15 Division of Homeland Security and Emergency Management. 73.16 Subd. 4. [EMERGENCY PLAN.] "Emergency plan" means a plan 73.17 describing the coordination of various government or private 73.18 sector emergency responsibilities, including addressing the 73.19 accessibility needs of persons with disabilities and of other 73.20 special populations, and includes: 73.21 (1) any plan for managing a public health emergency 73.22 developed by the commissioner or a local public health official; 73.23 (2) any plan for managing a public health emergency 73.24 developed by one or more hospitals, clinics, nursing homes, 73.25 health care plans, or other parts of the health care system and 73.26 approved by the commissioner or a local public health official 73.27 in consultation with the director or local emergency management 73.28 officials; or 73.29 (3) any provision for assistance by out-of-state responders 73.30 under an interstate or international compact, including, but not 73.31 limited to, the Emergency Management Assistance Compact. 73.32 Subd. 5. [LOCAL GOVERNMENT.] "Local government" means: 73.33 (1) a board of health established under section 145A.03 or 73.34 145A.07; or 73.35 (2) a city, county, or other municipal or public 73.36 corporation or any instrumentality thereof. 74.1 Subd. 6. [PUBLIC HEALTH EMERGENCY RESPONDER OR 74.2 RESPONDER.] "Public health emergency responder" or "responder" 74.3 means a person or organization that provides health care or 74.4 health services including, but not limited to, a physician, 74.5 physician assistant, registered or other nurse, certified 74.6 nursing assistant, or other applicable staff position within a 74.7 health care provider organization; pharmacist; chiropractor; 74.8 dentist; emergency medical technician; laboratory technician; 74.9 firefighter or another registered as a first responder; mental 74.10 health professional; hospital; nursing facility, boarding care 74.11 facility, home health care agency, or other long-term care 74.12 provider; medical or dental clinic; and medical laboratory and 74.13 including, but not limited to, ambulance service personnel and 74.14 dispatch services and a person not registered as a first 74.15 responder but who is affiliated with a medical response unit and 74.16 is dispatched to the scene of an emergency by a public safety 74.17 answering point or licensed ambulance service. 74.18 Subd. 7. [STATE.] "State" means the state of Minnesota or 74.19 any of its agencies, departments, boards, or commissions. 74.20 Sec. 4. [12.63] [RESPONDER LIABILITY LIMITATION; HOSPITAL 74.21 CAPACITY EXCEEDED.] 74.22 For purposes of this section, "regional hospital system" 74.23 means all hospitals in one of the hospital bioterrorism 74.24 preparedness program geographic regions of the state set forth 74.25 in the most recent hospital preparedness plan available on the 74.26 Minnesota Department of Health Web site at 74.27 www.health.state.mn.us/oep. During a national security 74.28 emergency or a peacetime emergency due to a public health 74.29 emergency declared under section 12.31, the governor may issue 74.30 an emergency executive order upon finding that the number of 74.31 seriously ill or injured persons exceeds the emergency capacity 74.32 of one or more regional hospital systems and that care has to be 74.33 given in temporary facilities. A responder in any impacted 74.34 region acting consistent with an emergency plan is not liable 74.35 for any civil damages as a result of good faith acts or 74.36 omissions by that responder in rendering emergency care, advice, 75.1 or assistance during the effective period of the emergency 75.2 executive order. 75.3 Sec. 5. [12.64] [EMERGENCY VACCINE ADMINISTRATION AND 75.4 LEGEND DRUG DISPENSING.] 75.5 When the governor has declared, under section 12.31, a 75.6 national security emergency or a peacetime emergency due to a 75.7 public health emergency, the commissioner may authorize any 75.8 person, including, but not limited to, any person licensed or 75.9 otherwise credentialed under chapters 144E, 147 to 148, 150A, 75.10 151, 153, or 156, to administer vaccinations or dispense legend 75.11 drugs if the commissioner determines that such action is 75.12 necessary to protect the health and safety of the public. The 75.13 authorization shall be in writing and shall contain the 75.14 categories of persons included in the authorization, any 75.15 additional training required before performance of the 75.16 vaccination or drug dispensing by such persons, any supervision 75.17 required for performance of the vaccination or drug dispensing, 75.18 and the duration of the authorization. The commissioner may, in 75.19 writing, extend the scope and duration of the authorization as 75.20 the emergency warrants. Any person licensed or otherwise 75.21 credentialed under chapters 144E, 147 to 148, 150A, 151, 153, or 75.22 156 shall not be subject to criminal liability, administrative 75.23 penalty, professional discipline, or other administrative 75.24 sanction because the person acted outside the scope of 75.25 activities allowed under the person's license or other 75.26 credential in good faith performance of vaccination or drug 75.27 dispensing duties assigned under this section. 75.28 Sec. 6. Minnesota Statutes 2003 Supplement, section 13.37, 75.29 subdivision 3, is amended to read: 75.30 Subd. 3. [DATA DISSEMINATION.] (a) Crime prevention block 75.31 maps and names, home addresses, and telephone numbers of 75.32 volunteers who participate in community crime prevention 75.33 programs may be disseminated to volunteers participating in 75.34 crime prevention programs. The location of a National Night Out 75.35 event is public data. 75.36 (b) A government entity engaged in or temporarily assisting 76.1 with emergency preparedness or response may make any data 76.2 classified as security information under subdivision 1, 76.3 paragraph (a), accessible to another government entity or to a 76.4 private person or organization engaged in or temporarily 76.5 assisting with emergency preparedness or response, an agency or 76.6 political subdivision of another state or country, a federal 76.7 agency, an international organization, or a tribal authority if 76.8 the disclosing government entity determines that granting the 76.9 access will aid public health, promote public safety, assist law 76.10 enforcement, or otherwise reduce risk to the security of 76.11 information, possessions, individuals, or property. Data 76.12 disclosed to a private person or organization under this 76.13 paragraph must not be further disseminated without the 76.14 permission of the sending entity. Notwithstanding any law to 76.15 the contrary, data must not be disclosed to an agency or 76.16 political subdivision of another state or country, a federal 76.17 agency, an international organization, or a tribal authority 76.18 under this paragraph, unless the receiving entity agrees that 76.19 the data disseminated shall have the same classification in the 76.20 hands of the entity receiving it as it had in the hands of the 76.21 entity providing it. 76.22 Sec. 7. Minnesota Statutes 2002, section 144.419, 76.23 subdivision 1, is amended to read: 76.24 Subdivision 1. [DEFINITIONS.] For purposes of this section76.25 and section 144.4195sections 144.419 to 144.4196, the following 76.26 definitions apply: 76.27 (1) "bioterrorism" means the intentional use of any 76.28 microorganism, virus, infectious substance, or biological 76.29 product that may be engineered as a result of biotechnology, or 76.30 any naturally occurring or bioengineered component of any such 76.31 microorganism, virus, infectious substance, or biological 76.32 product, to cause death, disease, or other biological 76.33 malfunction in a human, an animal, a plant, or another living 76.34 organism in order to influence the conduct of government or to 76.35 intimidate or coerce a civilian population; 76.36 (2) "communicable disease" means a disease caused by a 77.1 living organism or virus and believed to be caused by 77.2 bioterrorism or a new or novel or previously controlled or 77.3 eradicated infectious agent or biological toxin that can be 77.4 transmitted person to person and for which isolation or 77.5 quarantine is an effective control strategy, excluding a disease 77.6 that is directly transmitted as defined under section 144.4172, 77.7 subdivision 5; 77.8 (3) "isolation" means separation, during the period of 77.9 communicability, of a person infected with a communicable 77.10 disease, in a place and under conditions so as to prevent direct 77.11 or indirect transmission of an infectious agent to others; and 77.12 (4) "quarantine" means restriction, during a period of 77.13 communicability, of activities or travel of an otherwise healthy 77.14 person who likely has been exposed to a communicable disease to 77.15 prevent disease transmission during the period of 77.16 communicability in the event the person is infected. 77.17 Sec. 8. Minnesota Statutes 2002, section 144.4195, 77.18 subdivision 1, is amended to read: 77.19 Subdivision 1. [EX PARTE ORDER FOR ISOLATION OR 77.20 QUARANTINE.] (a) Before isolating or quarantining a person or 77.21 group of persons, the commissioner of health shall obtain a 77.22 written, ex parte order authorizing the isolation or quarantine 77.23 from the District Court of Ramsey County, the county where the 77.24 person or group of persons is located, or a county adjoining the 77.25 county where the person or group of persons is located. The 77.26 evidence or testimony in support of an application may be made 77.27 or taken by telephone, facsimile transmission, video equipment, 77.28 or other electronic communication. The court shall grant the 77.29 order upon a finding that probable cause exists to believe 77.30 isolation or quarantine is warranted to protect the public 77.31 health. 77.32 (b) The order must state the specific facts justifying 77.33 isolation or quarantine, must state that the person being 77.34 isolated or quarantined has a right to a court hearing under 77.35 this section and a right to be represented by counsel during any 77.36 proceeding under this section, and must be provided immediately 78.1 to each person isolated or quarantined. The commissioner of 78.2 health shall provide a copy of the authorizing order to the 78.3 commissioner of public safety and other peace officers known to 78.4 the commissioner to have jurisdiction over the site of the 78.5 isolation or quarantine. If feasible, the commissioner of 78.6 health shall give each person being isolated or quarantined an 78.7 estimate of the expected period of the person's isolation or 78.8 quarantine. 78.9 (c) If it is impracticable to provide individual orders to 78.10 a group of persons isolated or quarantined, one order shall 78.11 suffice to isolate or quarantine a group of persons believed to 78.12 have been commonly infected with or exposed to a communicable 78.13 disease. A copy of the order and notice shall be posted in a 78.14 conspicuous place: 78.15 (1) in the isolation or quarantine premises, but only if 78.16 the persons to be isolated or quarantined are already at the 78.17 isolation or quarantine premises and have adequate access to the 78.18 order posted there; or 78.19 (2) in another location where the group of persons to be 78.20 isolated or quarantined is located, such that the persons have 78.21 adequate access to the order posted there. 78.22 If the court determines that posting the order according to 78.23 clause (1) or (2) is impractical due to the number of persons to 78.24 be isolated or quarantined or the geographical area affected, 78.25 the court must use the best means available to ensure that the 78.26 affected persons are fully informed of the order and notice. 78.27 (d) A peace officer, as defined under section 144.4803, 78.28 subdivision 16, shall enforce an order under this section and 78.29 may use all necessary and lawful means to apprehend, hold, 78.30 transport, quarantine, or isolate a person subject to the 78.31 order. "Necessary and lawful means" includes reasonable force 78.32 but not deadly force as defined in section 609.066, subdivision 78.33 1. The peace officer shall act upon telephone, facsimile, or 78.34 other electronic notification of the court order. The 78.35 commissioner or an agent of a local board of health authorized 78.36 under section 145A.04 shall advise the peace officer, upon 79.1 request, of protective measures necessary to protect the peace 79.2 officer from possible transmission of the communicable disease. 79.3 (e) No person may be isolated or quarantined pursuant to an 79.4 order issued under this subdivision for longer than 21 days 79.5 without a court hearing under subdivision 3 to determine whether 79.6 isolation or quarantine should continue. A person who is 79.7 isolated or quarantined may request a court hearing under 79.8 subdivision 3 at any time before the expiration of the order. 79.9 Sec. 9. Minnesota Statutes 2002, section 144.4195, 79.10 subdivision 2, is amended to read: 79.11 Subd. 2. [TEMPORARY HOLD UPON COMMISSIONER'S DIRECTIVE.] 79.12 (a) Notwithstanding subdivision 1, the commissioner of health 79.13 may by directive isolate or quarantine a person or group of 79.14 persons without first obtaining a written, ex parte order from 79.15 the court if a delay in isolating or quarantining the person or 79.16 group of persons would significantly jeopardize the commissioner 79.17 of health's ability to prevent or limit the transmission of a 79.18 communicable or potentially communicable disease to others. The 79.19 commissioner must provide the person or group of persons subject 79.20 to the temporary hold with notice that the person has a right to 79.21 request a court hearing under this section and a right to be 79.22 represented by counsel during a proceeding under this section. 79.23 If it is impracticable to provide individual notice to each 79.24 person subject to the temporary hold, notice of these rights may 79.25 be posted in the same manner as the posting of orders under 79.26 subdivision 1, paragraph (c). Following the imposition ofAt 79.27 the same time that the commissioner of health issues a directive 79.28 for isolation or quarantine under this subdivision, the 79.29 commissioner of health shall within 24 hours applyinitiate the 79.30 process of applying for a written, ex parte order pursuant to 79.31 subdivision 1 authorizing the isolation or quarantine. The 79.32 court must rule within 24 hours of receipt of the application. 79.33 If the person is under a temporary hold, the person may not be 79.34 held in isolation or quarantine after the temporary hold expires 79.35 unless the court issues an ex parte order under subdivision 1. 79.36 (b) A peace officer, as defined under section 144.4803, 80.1 subdivision 16, shall enforce a commissioner's directive under 80.2 paragraph (a) as the peace officer would enforce a court order 80.3 under this section. The peace officer shall act upon telephone, 80.4 facsimile, or other electronic notification of the 80.5 commissioner's directive. The commissioner or an agent of a 80.6 local board of health authorized under section 145A.04 shall 80.7 advise the peace officer, upon request, of protective measures 80.8 necessary to protect the peace officer from possible 80.9 transmission of the communicable disease. 80.10 (c) If a person subject to a commissioner's directive under 80.11 paragraph (a) is already institutionalized in an appropriate 80.12 health care facility, the commissioner of health may direct the 80.13 facility to continue to hold the person. The facility shall 80.14 take all reasonable measures to prevent the person from exposing 80.15 others to the communicable disease. 80.16 Sec. 10. Minnesota Statutes 2002, section 144.4195, 80.17 subdivision 3, is amended to read: 80.18 Subd. 3. [COURT HEARING.] (a) A person isolated or 80.19 quarantined under an order issued pursuant to subdivision 1 or a 80.20 temporary hold under subdivision 2 or the person's 80.21 representative may petition the court to contest the court order 80.22 or temporary hold at any time prior to the expiration of the 80.23 order or temporary hold. If a petition is filed, the court must 80.24 hold a hearing within 72 hours from the date of the filing. A 80.25 petition for a hearing does not stay the order of isolation or 80.26 quarantine. At the hearing, the commissioner of health must 80.27 show by clear and convincing evidence that the isolation or 80.28 quarantine is warranted to protect the public health. 80.29 (b) If the commissioner of health wishes to extend the 80.30 order for isolation or quarantine past the period of time stated 80.31 in subdivision 1, paragraph (d)(e), the commissioner must 80.32 petition the court to do so. Notice of the hearing must be 80.33 served upon the person or persons who are being isolated or 80.34 quarantined at least three days before the hearing. If it is 80.35 impracticable to provide individual notice to large groups who 80.36 are isolated or quarantined, a copy of the notice may be posted 81.1 in the same manner as described under subdivision 1, paragraph 81.2 (c). 81.3 (c) The notice must contain the following information: 81.4 (1) the time, date, and place of the hearing; 81.5 (2) the grounds and underlying facts upon which continued 81.6 isolation or quarantine is sought; 81.7 (3) the person's right to appear at the hearing; and 81.8 (4) the person's right to counsel, including the right, if 81.9 indigent, to be represented by counsel designated by the court 81.10 or county of venue. 81.11 (d) The court may order the continued isolation or 81.12 quarantine of the person or group of persons if it finds by 81.13 clear and convincing evidence that the person or persons would 81.14 pose an imminent health threat to others if isolation or 81.15 quarantine was lifted. In no case may the isolation or 81.16 quarantine continue longer than 30 days from the date of the 81.17 court order issued under this subdivision unless the 81.18 commissioner petitions the court for an extension. Any hearing 81.19 to extend an order is governed by this subdivision. 81.20 Sec. 11. Minnesota Statutes 2002, section 144.4195, 81.21 subdivision 5, is amended to read: 81.22 Subd. 5. [JUDICIAL PROCEDURES AND DECISIONS.] Court orders 81.23 issued pursuant to subdivision 3 or 4 shall be based upon clear 81.24 and convincing evidence and a written record of the disposition 81.25 of the case shall be made and retained. Any person subject to 81.26 isolation or quarantine has the right to be represented by 81.27 counsel or other lawful representative. The court may choose to 81.28 conduct a hearing under subdivision 3 or 4 by telephonic, 81.29 interactive video, or other electronic means to maintain 81.30 isolation or quarantine precautions and reduce the risk of 81.31 spread of a communicable disease. Otherwise, the manner in 81.32 which the request for a hearing is filed and acted upon shall be 81.33 in accordance with the existing laws and rules of the courts of 81.34 this state or, if the isolation or quarantine occurs during a 81.35 national security or peacetime emergency, any rules that are 81.36 developed by the courts for use during a national security or 82.1 peacetime emergency. 82.2 Sec. 12. [144.4196] [EMPLOYEE PROTECTION.] 82.3 Subdivision 1. [DEFINITIONS.] For purposes of this section: 82.4 (1) "qualifying employee" means a person who performs 82.5 services for hire in Minnesota and who has been subject to 82.6 isolation or quarantine for a communicable disease, as defined 82.7 in section 144.419, subdivision 1, clause (2). The term applies 82.8 to persons who comply with isolation or quarantine restrictions 82.9 because of: 82.10 (i) a commissioner's temporary hold directive; 82.11 (ii) an order of a federal quarantine officer; 82.12 (iii) a state or federal court order; or 82.13 (iv) a written recommendation of the commissioner or the 82.14 commissioner's designee that the person enter isolation or 82.15 quarantine. A person qualifying under this item must 82.16 demonstrate that the person's isolation or quarantine was 82.17 subject to monitoring by the commissioner or the commissioner's 82.18 designee or by the person's own health care provider; and 82.19 (2) "employer" means a person having one or more employees 82.20 in Minnesota and includes the state and any political 82.21 subdivision of the state. 82.22 Subd. 2. [PROTECTIONS.] (a) An employer shall not 82.23 discharge, discipline, threaten, or penalize a qualifying 82.24 employee, or otherwise discriminate in the work terms, 82.25 conditions, location, or privileges of the qualifying employee, 82.26 because the qualifying employee has been in isolation or 82.27 quarantine. 82.28 (b) A qualifying employee claiming a violation of paragraph 82.29 (a) may bring a civil action for recovery of lost wages or 82.30 benefits, for reinstatement, or for other relief within 90 days 82.31 of the claimed violation or within 90 days of the end of the 82.32 isolation or quarantine, whichever is later. A qualifying 82.33 employee who prevails shall be allowed reasonable attorney fees 82.34 fixed by the court. 82.35 (c) Nothing in this subdivision is intended to alter sick 82.36 leave or sick pay terms of the employment relationship. 83.1 Subd. 3. [LIMITATION.] This section does not apply to work 83.2 absences due to isolation or quarantine under subdivision 1 for 83.3 periods longer than 21 consecutive days. 83.4 Sec. 13. [WORKERS' COMPENSATION ADVISORY COUNCIL REPORT.] 83.5 The Council on Workers' Compensation, established under 83.6 Minnesota Statutes, section 175.007, must study extending 83.7 workers' compensation to volunteers during a public health 83.8 emergency and during emergency preparedness preparations. The 83.9 report must be completed and presented to the legislature by 83.10 January 15, 2005. The report must comply with Minnesota 83.11 Statutes, sections 3.195 and 3.197. 83.12 Sec. 14. [HEALTH STUDY.] 83.13 (a) The commissioner of health must prepare a plan for the 83.14 development and implementation of a statewide public health data 83.15 management system in cooperation and consultation with 83.16 representatives of local public health departments. The plan 83.17 must provide state and local public health departments with a 83.18 cost-effective, reliable means for collecting, utilizing, and 83.19 disseminating public health data. The plan must include cost 83.20 estimates for the planning and development of a statewide 83.21 system. Nothing in this section requires the commissioner to 83.22 collect additional health data. 83.23 (b) The plan must be completed and presented to the 83.24 legislature by January 15, 2005. The plan must comply with 83.25 Minnesota Statutes, sections 3.195 and 3.197. 83.26 Sec. 15. [REPEALER.] 83.27 Laws 2002, chapter 402, section 21, is repealed. 83.28 Sec. 16. [EXPIRATION.] 83.29 (a) Minnesota Statutes 2002, sections 12.03, subdivisions 83.30 1c, 4d, 6a, 9a; 12.311; 12.312; 12.381; 12.39; 13.3806, 83.31 subdivisions 1a and 10a; 144.419; and 144.4195; and sections 3 83.32 to 5, and 12, expire August 1, 2008. 83.33 (b) The amendments to Minnesota Statutes, by Laws 2002, 83.34 chapter 402, sections 6 to 9, 12, and 13, to sections 12.21, 83.35 subdivision 3; 12.31, subdivisions 1, 2, and 3; 12.32; 12.34, 83.36 subdivision 1, and the amendments in sections 2 and 6 expire 84.1 August 1, 2008. 84.2 Sec. 17. [EFFECTIVE DATE.] 84.3 Sections 1 to 14 are effective the day following final 84.4 enactment.