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Minnesota Legislature

Office of the Revisor of Statutes

HF 3708

2nd Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to health; changing licensing requirements for certain health professions;
changing provisions for unlicensed complementary and alternative health care
practitioners; amending Minnesota Statutes 2006, sections 147.03, subdivision
1; 148.512, subdivision 20; 148.5161, subdivisions 2, 3; 148.5175; 148.519,
subdivision 3; 148.5194, subdivisions 7, 8; 148.5195, subdivision 3; 148.6425;
148.6428; 148.6440; 148.6443, subdivisions 1, 3; 148.6445, subdivision
11; 151.01, subdivision 27; 153A.14, subdivisions 2i, 4a, 11; 153A.175;
Minnesota Statutes 2007 Supplement, sections 146A.08, subdivision 1; 146A.11,
subdivision 1; 147.037, subdivision 1; 148.515, subdivision 2; proposing coding
for new law in Minnesota Statutes, chapter 148B.

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

Section 1.

Minnesota Statutes 2007 Supplement, section 146A.08, subdivision 1,
is amended to read:


Subdivision 1.

Prohibited conduct.

The commissioner may impose disciplinary
action as described in section 146A.09 against any unlicensed complementary and
alternative health care practitioner. The following conduct is prohibited and is grounds for
disciplinary action:

(a) Conviction of a crime, including a finding or verdict of guilt, an admission
of guilt, or a no-contest plea, in any court in Minnesota or any other jurisdiction in the
United States, reasonably related to engaging in complementary and alternative health
care practices. Conviction, as used in this subdivision, includes a conviction of an offense
which, if committed in this state, would be deemed a felony, gross misdemeanor, or
misdemeanor, without regard to its designation elsewhere, or a criminal proceeding where
a finding or verdict of guilty is made or returned but the adjudication of guilt is either
withheld or not entered.

(b) Conviction of any crime against a person. For purposes of this chapter, a crime
against a person means violations of the following: sections 609.185; 609.19; 609.195;
609.20; 609.205; 609.21; 609.215; 609.221; 609.222; 609.223; 609.224; 609.2242;
609.23; 609.231; 609.2325; 609.233; 609.2335; 609.235; 609.24; 609.245; 609.25;
609.255; 609.26, subdivision 1, clause (1) or (2); 609.265; 609.342; 609.343; 609.344;
609.345; 609.365; 609.498, subdivision 1; 609.50, subdivision 1, clause (1); 609.561;
609.562; 609.595; and 609.72, subdivision 3.

(c) Failure to comply with the self-reporting requirements of section 146A.03,
subdivision 7
.

(d) Engaging in sexual contact with a complementary and alternative health care
client deleted text beginor former clientdeleted text end, engaging in contact that may be reasonably interpreted by a client
as sexual, engaging in any verbal behavior that is seductive or sexually demeaning to
the deleted text beginpatientdeleted text endnew text begin clientnew text end, or engaging in sexual exploitation of a client or former client. deleted text beginFordeleted text end
deleted text begin purposes of this paragraph, "former client" means a person who has obtained services
deleted text enddeleted text beginfrom the unlicensed complementary and alternative health care practitioner within the
deleted text enddeleted text beginpast two years.
deleted text end

(e) Advertising that is false, fraudulent, deceptive, or misleading.

(f) Conduct likely to deceive, defraud, or harm the public or demonstrating a willful
or careless disregard for the health, welfare, or safety of a complementary and alternative
health care client; or any other practice that may create danger to any client's life, health,
or safety, in any of which cases, proof of actual injury need not be established.

(g) Adjudication as mentally incompetent or as a person who is dangerous to
self or adjudication pursuant to chapter 253B as chemically dependent, mentally ill,
developmentally disabled, mentally ill and dangerous to the public, or as a sexual
psychopathic personality or sexually dangerous person.

(h) Inability to engage in complementary and alternative health care practices with
reasonable safety to complementary and alternative health care clients.

(i) The habitual overindulgence in the use of or the dependence on intoxicating
liquors.

(j) Improper or unauthorized personal or other use of any legend drugs as defined
in chapter 151, any chemicals as defined in chapter 151, or any controlled substance
as defined in chapter 152.

(k) Revealing a communication from, or relating to, a complementary and alternative
health care client except when otherwise required or permitted by law.

(l) Failure to comply with a complementary and alternative health care client's
request made under sections 144.291 to 144.298 or to furnish a complementary and
alternative health care client record or report required by law.

(m) Splitting fees or promising to pay a portion of a fee to any other professional
other than for services rendered by the other professional to the complementary and
alternative health care client.

(n) Engaging in abusive or fraudulent billing practices, including violations of the
federal Medicare and Medicaid laws or state medical assistance laws.

(o) Failure to make reports as required by section 146A.03 or cooperate with an
investigation of the office.

(p) Obtaining money, property, or services from a complementary and alternative
health care client, other than reasonable fees for services provided to the client, through
the use of undue influence, harassment, duress, deception, or fraud.

deleted text begin (q) Undertaking or continuing a professional relationship with a complementary and
deleted text end deleted text begin alternative health care client in which the objectivity of the unlicensed complementary
deleted text end deleted text begin and alternative health care practitioner would be impaired.
deleted text end

deleted text begin (r)deleted text end new text begin(q)new text end Failure to provide a complementary and alternative health care client with a
copy of the client bill of rights or violation of any provision of the client bill of rights.

deleted text begin (s)deleted text end new text begin(r)new text end Violating any order issued by the commissioner.

deleted text begin (t)deleted text end new text begin(s)new text end Failure to comply with any provision of sections 146A.01 to 146A.11 and the
rules adopted under those sections.

deleted text begin (u)deleted text end new text begin(t)new text end Failure to comply with any additional disciplinary grounds established by
the commissioner by rule.

deleted text begin (v)deleted text end new text begin(u)new text end Revocation, suspension, restriction, limitation, or other disciplinary action
against any health care license, certificate, registration, or right to practice of the
unlicensed complementary and alternative health care practitioner in this or another state
or jurisdiction for offenses that would be subject to disciplinary action in this state or
failure to report to the office that charges regarding the practitioner's license, certificate,
registration, or right of practice have been brought in this or another state or jurisdiction.

deleted text begin (w)deleted text end new text begin(v)new text end Use of the title "doctor," "Dr.," or "physician" alone or in combination with
any other words, letters, or insignia to describe the complementary and alternative health
care practices the practitioner provides.

deleted text begin (x)deleted text end new text begin(w)new text end Failure to provide a complementary and alternative health care client with a
recommendation that the client see a health care provider who is licensed or registered
by a health-related licensing board or the commissioner of health, if there is a reasonable
likelihood that the client needs to be seen by a licensed or registered health care provider.

Sec. 2.

Minnesota Statutes 2007 Supplement, section 146A.11, subdivision 1, is
amended to read:


Subdivision 1.

Scope.

new text begin(a) new text endAll unlicensed complementary and alternative health
care practitioners shall provide to each complementary and alternative health care
client prior to providing treatment a written copy of the complementary and alternative
health care client bill of rights. A copy must also be posted in a prominent location
in the office of the unlicensed complementary and alternative health care practitioner.
Reasonable accommodations shall be made for those clients who cannot read or who
have communication impairments and those who do not read or speak English. The
complementary and alternative health care client bill of rights shall include the following:

(1) the name, complementary and alternative health care title, business address,
and telephone number of the unlicensed complementary and alternative health care
practitioner;

(2) the degrees, training, experience, or other qualifications of the practitioner
regarding the complimentary and alternative health care being provided, followed by the
following statement in bold print:

"THE STATE OF MINNESOTA HAS NOT ADOPTED ANY EDUCATIONAL
AND TRAINING STANDARDS FOR UNLICENSED COMPLEMENTARY AND
ALTERNATIVE HEALTH CARE PRACTITIONERS. THIS STATEMENT OF
CREDENTIALS IS FOR INFORMATION PURPOSES ONLY.

Under Minnesota law, an unlicensed complementary and alternative health care
practitioner may not provide a medical diagnosis or recommend discontinuance of
medically prescribed treatments. If a client desires a diagnosis from a licensed physician,
chiropractor, or acupuncture practitioner, or services from a physician, chiropractor, nurse,
osteopath, physical therapist, dietitian, nutritionist, acupuncture practitioner, athletic
trainer, or any other type of health care provider, the client may seek such services at
any time.";

(3) the name, business address, and telephone number of the practitioner's
supervisor, if any;

(4) notice that a complementary and alternative health care client has the right to
file a complaint with the practitioner's supervisor, if any, and the procedure for filing
complaints;

(5) the name, address, and telephone number of the office of unlicensed
complementary and alternative health care practice and notice that a client may file
complaints with the office;

(6) the practitioner's fees per unit of service, the practitioner's method of billing
for such fees, the names of any insurance companies that have agreed to reimburse the
practitioner, or health maintenance organizations with whom the practitioner contracts to
provide service, whether the practitioner accepts Medicare, medical assistance, or general
assistance medical care, and whether the practitioner is willing to accept partial payment,
or to waive payment, and in what circumstances;

(7) a statement that the client has a right to reasonable notice of changes in services
or charges;

(8) a brief summary, in plain language, of the theoretical approach used by the
practitioner in providing services to clients;

(9) notice that the client has a right to complete and current information concerning
the practitioner's assessment and recommended service that is to be provided, including
the expected duration of the service to be provided;

(10) a statement that clients may expect courteous treatment and to be free from
verbal, physical, or sexual abuse by the practitioner;

(11) a statement that client records and transactions with the practitioner are
confidential, unless release of these records is authorized in writing by the client, or
otherwise provided by law;

(12) a statement of the client's right to be allowed access to records and written
information from records in accordance with sections 144.291 to 144.298;

(13) a statement that other services may be available in the community, including
where information concerning services is available;

(14) a statement that the client has the right to choose freely among available
practitioners and to change practitioners after services have begun, within the limits of
health insurance, medical assistance, or other health programs;

(15) a statement that the client has a right to coordinated transfer when there will
be a change in the provider of services;

(16) a statement that the client may refuse services or treatment, unless otherwise
provided by law; and

(17) a statement that the client may assert the client's rights without retaliation.

new text begin (b) This section does not apply to an unlicensed complementary and alternative
health care practitioner who is employed by or is a volunteer in a hospital or hospice who
provides services to a client in a hospital or under an appropriate hospice plan of care.
Patients receiving complementary and alternative health care services in an inpatient
hospital or under an appropriate hospice plan of care shall have and be made aware of
the right to file a complaint with the hospital or hospice provider through which the
practitioner is employed or registered as a volunteer.
new text end

Sec. 3.

Minnesota Statutes 2006, section 147.03, subdivision 1, is amended to read:


Subdivision 1.

Endorsement; reciprocity.

(a) The board may issue a license to
practice medicine to any person who satisfies the requirements in paragraphs (b) to (f).

(b) The applicant shall satisfy all the requirements established in section 147.02,
subdivision 1
, paragraphs (a), (b), (d), (e), and (f).

(c) The applicant shall:

(1) have passed an examination prepared and graded by the Federation of State
Medical Boards, the National Board of Medical Examiners, or the United States Medical
Licensing Examinationnew text begin (USMLE)new text end program in accordance with section 147.02, subdivision
1
, paragraph (c), clause (2); the National Board of Osteopathic Examiners; or the Medical
Council of Canada; and

(2) have a current license from the equivalent licensing agency in another state or
Canada and, if the examination in clause (1) was passed more than ten years ago, either:

(i) pass the Special Purpose Examination of the Federation of State Medical Boards
with a score of 75 or better within three attempts; or

(ii) have a current certification by a specialty board of the American Board of
Medical Specialties, of the American Osteopathic Association Bureau of Professional
Education, the Royal College of Physicians and Surgeons of Canada, or of the College of
Family Physicians of Canadadeleted text begin.deleted text endnew text begin; or
new text end

new text begin (3) if the applicant fails to meet the requirement established in section 147.02,
subdivision 1, paragraph (c), clause (2), because the applicant failed to pass each of steps
one, two, and three of the USMLE within the required three attempts, the applicant may
be granted a license provided the applicant:
new text end

new text begin (i) has passed each of steps one, two, and three with passing scores as recommended
by the USMLE program within no more than four attempts for any of the three steps;
new text end

new text begin (ii) is currently licensed in another state; and
new text end

new text begin (iii) has current certification by a specialty board of the American Board of Medical
Specialties, the American Osteopathic Association Bureau of Professional Education, the
Royal College of Physicians and Surgeons of Canada, or the College of Family Physicians
of Canada.
new text end

(d) The applicant shall pay a fee established by the board by rule. The fee may
not be refunded.

(e) The applicant must not be under license suspension or revocation by the licensing
board of the state or jurisdiction in which the conduct that caused the suspension or
revocation occurred.

(f) The applicant must not have engaged in conduct warranting disciplinary action
against a licensee, or have been subject to disciplinary action other than as specified in
paragraph (e). If an applicant does not satisfy the requirements stated in this paragraph,
the board may issue a license only on the applicant's showing that the public will be
protected through issuance of a license with conditions or limitations the board considers
appropriate.

(g) Upon the request of an applicant, the board may conduct the final interview of
the applicant by teleconference.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 4.

Minnesota Statutes 2007 Supplement, section 147.037, subdivision 1, is
amended to read:


Subdivision 1.

Requirements.

The board shall issue a license to practice medicine
to any person who satisfies the requirements in paragraphs (a) to (g).

(a) The applicant shall satisfy all the requirements established in section 147.02,
subdivision 1
, paragraphs (a), (e), (f), (g), and (h).

(b) The applicant shall present evidence satisfactory to the board that the applicant
is a graduate of a medical or osteopathic school approved by the board as equivalent
to accredited United States or Canadian schools based upon its faculty, curriculum,
facilities, accreditation, or other relevant data. If the applicant is a graduate of a medical or
osteopathic program that is not accredited by the Liaison Committee for Medical Education
or the American Osteopathic Association, the applicant may use the Federation of State
Medical Boards' Federation Credentials Verification Service (FCVS) or its successor. If
the applicant uses this service as allowed under this paragraph, the physician application
fee may be less than $200 but must not exceed the cost of administering this paragraph.

(c) The applicant shall present evidence satisfactory to the board that the applicant
has been awarded a certificate by the Educational Council for Foreign Medical Graduates,
and the applicant has a working ability in the English language sufficient to communicate
with patients and physicians and to engage in the practice of medicine.

(d) The applicant shall present evidence satisfactory to the board of the completion
of two years of graduate, clinical medical training in a program located in the United
States, its territories, or Canada and accredited by a national accrediting organization
approved by the board. This requirement does not apply:

(1) to an applicant who is admitted as a permanent immigrant to the United States on
or before October 1, 1991, as a person of exceptional ability in the sciences according to
Code of Federal Regulations, title 20, section 656.22(d);

(2) to an applicant holding a valid license to practice medicine in another country
and issued a permanent immigrant visa after October 1, 1991, as a person of extraordinary
ability in the field of science or as an outstanding professor or researcher according to
Code of Federal Regulations, title 8, section 204.5(h) and (i), or a temporary nonimmigrant
visa as a person of extraordinary ability in the field of science according to Code of
Federal Regulations, title 8, section 214.2(o),

provided that a person under clause (1) or (2) is admitted pursuant to rules of the United
States Department of Labor; or

(3) to an applicant who is licensed in another state, has practiced five years without
disciplinary action in the United States, its territories, or Canada, has completed one year
of the graduate, clinical medical training required by this paragraph, and has passed the
Special Purpose Examination of the Federation of State Medical Boards within three
attempts in the 24 months before licensing.

(e) The applicant must:

(1) have passed an examination prepared and graded by the Federation of State
Medical Boards, the United States Medical Licensing Examination program in accordance
with section 147.02, subdivision 1, paragraph (c), clause (2), or the Medical Council
of Canada; and

(2) have a current license from the equivalent licensing agency in another state or
country and, if the examination in clause (1) was passed more than ten years ago, either:

(i) pass the Special Purpose Examination of the Federation of State Medical Boards
with a score of 75 or better within three attempts; or

(ii) have a current certification by a specialty board of the American Board of
Medical Specialties, of the American Osteopathic Association Bureau of Professional
Education, of the Royal College of Physicians and Surgeons of Canada, or of the College
of Family Physicians of Canadadeleted text begin.deleted text endnew text begin; or
new text end

new text begin (3) if the applicant fails to meet the requirement established in section 147.02,
subdivision 1, paragraph (c), clause (2), because the applicant failed to pass each of steps
one, two, and three of the USMLE within the required three attempts, the applicant may
be granted a license provided the applicant:
new text end

new text begin (i) has passed each of steps one, two, and three with passing scores as recommended
by the USMLE program within no more than four attempts for any of the three steps;
new text end

new text begin (ii) is currently licensed in another state; and
new text end

new text begin (iii) has current certification by a specialty board of the American Board of Medical
Specialties, the American Osteopathic Association Bureau of Professional Education, the
Royal College of Physicians and Surgeons of Canada, or the College of Family Physicians
of Canada.
new text end

(f) The applicant must not be under license suspension or revocation by the licensing
board of the state or jurisdiction in which the conduct that caused the suspension or
revocation occurred.

(g) The applicant must not have engaged in conduct warranting disciplinary action
against a licensee, or have been subject to disciplinary action other than as specified in
paragraph (f). If an applicant does not satisfy the requirements stated in this paragraph,
the board may issue a license only on the applicant's showing that the public will be
protected through issuance of a license with conditions or limitations the board considers
appropriate.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 5.

Minnesota Statutes 2006, section 148.512, subdivision 20, is amended to read:


Subd. 20.

Supervisor.

"Supervisor" means a person who has the authority to direct
or evaluate a supervisee and who:

(1) is a licensed speech-language pathologist or audiologistnew text begin under section 148.515,
148.516, or 148.517
new text end; or

(2) when the commissioner determines that supervision by a licensed
speech-language pathologist or audiologist as required in clause (1) is unobtainable, and
in other situations considered appropriate by the commissioner, is a person practicing
speech-language pathology or audiology who holds a current certificate of clinical
competence from the American Speech-Language-Hearing Association or board
certification in audiology by the American Board of Audiology.

Sec. 6.

Minnesota Statutes 2007 Supplement, section 148.515, subdivision 2, is
amended to read:


Subd. 2.

Master's or doctoral degree required for speech-language pathology
applicants.

(a) An applicant for speech-language pathology must possess a master's or
doctoral degree that meets the requirements of paragraph (b). If completing a doctoral
program in which a master's degree has not been conferred, an applicant must submit a
transcript showing completion of course work equivalent to, or exceeding, a master's
degree that meets the requirement of paragraph (b).new text begin In addition to the transcript, the
commissioner may require a letter from the academic department chair or program
director documenting that the applicant has completed coursework equivalent to or
exceeding a master's degree or that the applicant is eligible for enrollment in current
doctoral externship credit.
new text end

(b) All of the speech-language pathology applicant's graduate coursework and
clinical practicum required in the professional area for which licensure is sought must
have been initiated and completed at an institution whose program meets the current
requirements and was accredited by the Educational Standards Board of the Council
on Academic Accreditation in Audiology and Speech-Language Pathology, a body
recognized by the United States Department of Education, or an equivalent as determined
by the commissioner, in the area for which licensure is sought.

Sec. 7.

Minnesota Statutes 2006, section 148.5161, subdivision 2, is amended to read:


Subd. 2.

Procedures.

To be eligible for clinical fellowship licensure or doctoral
externship licensure, an applicant must submit an application form provided by the
commissioner, the fees required by section 148.5194, and evidence of successful
completion of the requirements in section 148.515, subdivision 2new text begin or 2anew text end.

Sec. 8.

Minnesota Statutes 2006, section 148.5161, subdivision 3, is amended to read:


Subd. 3.

Supervision required.

(a) A clinical fellowship licensee or doctoral
externship licensee must practice under the supervision of an individual who meets
the requirements of section 148.512, subdivision 20. Supervision must conform to the
requirements in paragraphs (b) to (e).

(b) Supervision must include both on-site observation and other monitoring
activities. On-site observation must involve the supervisor, the clinical fellowship licensee
or doctoral externship licensee, and the client receiving speech-language pathology or
audiology services and must include direct observation by the supervisor of treatment
given by the clinical fellowship licensee or doctoral externship licensee. Other monitoring
activities must involve direct or indirect evaluative contact by the supervisor of the clinical
fellowship licensee or doctoral externship licensee, may be executed by correspondence,
and may include, but are not limited to, conferences with the clinical fellowship licensee
or doctoral externship licensee, evaluation of written reports, and evaluations by
professional colleagues. Other monitoring activities do not include the client receiving
speech-language pathology or audiology services.

(c) The clinical fellowship licensee or doctoral externship licensee must be
supervised by an individual who meets the definition of section 148.512, subdivision 20,
and:

(1) when the clinical fellowship licensee or doctoral externship licensee is a
speech-language pathologist, is a licensed speech-language pathologist, or holds a current
certificate of clinical competence in speech-language pathology from the American
Speech-Language-Hearing Association; or

(2) when the clinical fellowship licensee or doctoral externship licensee is an
audiologist, is a licensed audiologist, or holds a current certificate of clinical competence
in audiology from the American Speech-Language-Hearing Association or board
certification in audiology by the American Board of Audiology.

(d) Clinical fellowship licensure or doctoral externship licensure shall not be granted
until the applicant has completed the academic coursework and clinical training in section
148.515, subdivision 2new text begin or 2anew text end. new text beginIn addition to the transcript, the commissioner may require
a letter from the academic department chair or program director documenting that the
applicant has completed coursework equivalent to or exceeding a master's degree or that
the applicant is eligible for enrollment in current doctoral externship credit.
new text end

(e) The clinical fellowship licensee or doctoral externship licensee must provide
verification of supervision on the application form provided by the commissioner.

Sec. 9.

Minnesota Statutes 2006, section 148.5175, is amended to read:


148.5175 TEMPORARY LICENSURE.

(a) The commissioner shall issue temporary licensure as a speech-language
pathologist, an audiologist, or both, to an applicant who:

(1) submits a signed and dated affidavit stating that the applicant is not the subject of
a disciplinary action or past disciplinary action in this or another jurisdiction and is not
disqualified on the basis of section 148.5195, subdivision 3; and

(2) either:

(i) provides a copy of a current credential as a speech-language pathologist, an
audiologist, or both, held in the District of Columbia or a state or territory of the United
States; or

(ii) provides a copy of a current certificate of clinical competence issued by the
American Speech-Language-Hearing Association or board certification in audiology by
the American Board of Audiology.

(b) A temporary license issued to a person under this subdivision expires 90 days
after it is issued or on the date the commissioner grants or denies licensure, whichever
occurs first.

(c) Upon application, a temporary license shall be renewed deleted text beginoncedeleted text end new text begintwice new text endto a person
who is able to demonstrate good cause for failure to meet the requirements for licensure
within the initial temporary licensure period and who is not the subject of a disciplinary
action or disqualified on the basis of section 148.5195, subdivision 3. new text beginGood cause
includes but is not limed to inability to take and complete the required practical exam for
dispensing hearing instruments.
new text end

new text begin (d) Upon application, a temporary license shall be issued to a person who meets
the requirements of section 148.515, subdivisions 2a and 4, but has not completed the
requirement in section 148.515, subdivision 6.
new text end

Sec. 10.

Minnesota Statutes 2006, section 148.519, subdivision 3, is amended to read:


Subd. 3.

Change of deleted text beginaddressdeleted text endnew text begin name, employment, and addressesnew text end.

A licensee who
changes addresses must inform the commissioner, in writing, of the change of new text beginname,
employment, or
new text endaddress within 30 days. new text beginA change in name must be accompanied by a
copy of a marriage certificate or court order.
new text endAll notices or other correspondence mailed
to or served on a licensee by the commissioner at the licensee's address on file with the
commissioner shall be considered as having been received by the licensee.

Sec. 11.

Minnesota Statutes 2006, section 148.5194, subdivision 7, is amended to read:


Subd. 7.

Audiologist surcharge fee.

(a) The biennial surcharge fee for audiologists
is $235. The commissioner shall prorate the fee for clinical fellowship, doctoral
externship, temporary, and first time licensees according to the number of months that
have elapsed between the date the license is issued and the date the license expires or must
be renewed under section 148.5191, subdivision 4.

(b) deleted text beginEffective November 1, 2005, the commissioner shall collect the $235 audiologist
surcharge fee prorated according to the number of months remaining until the next
scheduled license renewal.
deleted text endnew text begin The audiologist surcharge fee is for practical examination costs
greater than audiologist exam fee receipts and complaint investigation, enforcement action
and consumer information, and assistance expenditures related to hearing instrument
dispensing.
new text end

Sec. 12.

Minnesota Statutes 2006, section 148.5194, subdivision 8, is amended to read:


Subd. 8.

Penalty fees.

(a) The penalty fee for practicing speech language pathology
or audiologynew text begin or using protected titlesnew text end without a current license after the credential has
expired and before it is renewed is the amount of the license renewal fee for any part of
the first month, plus the license renewal fee for any part of any subsequent month up
to 36 months.

(b) The penalty fee for applicants who engage in the unauthorized practice of speech
language pathology or audiologynew text begin or using protected titlesnew text end before being issued a license is
the amount of the license application fee for any part of the first month, plus the license
application fee for any part of any subsequent month up to 36 months. This paragraph
does not apply to applicants not qualifying for a license who engage in the unauthorized
practice of speech language pathology or audiology.

(c) The penalty fee for new text beginpracticing speech language pathology or audiology and new text endfailing
to submit a continuing education report by the due date with the correct number or type of
hours in the correct time period is $100 plus $20 for each missing clock hour. new text beginMissing
means not obtained between the effective and expiration dates of the certificate, the
one-month period following the certificate expiration date, or the 30 days following notice
of a penalty fee for failing to report all continuing education hours.
new text endThe licensee must
obtain the missing number of continuing education hours by the next reporting due date.

(d) Civil penalties and discipline incurred by licensees prior to August 1, 2005, for
conduct described in paragraph (a), (b), or (c) shall be recorded as nondisciplinary penalty
fees. For conduct described in paragraph (a) or (b) occurring after August 1, 2005, and
exceeding six months, payment of a penalty fee does not preclude any disciplinary action
reasonably justified by the individual case.

Sec. 13.

Minnesota Statutes 2006, section 148.5195, subdivision 3, is amended to read:


Subd. 3.

Grounds for disciplinary action by commissioner.

The commissioner
may take any of the disciplinary actions listed in subdivision 4 on proof that the individual
has:

(1) intentionally submitted false or misleading information to the commissioner
or the advisory council;

(2) failed, within 30 days, to provide information in response to a written request,
via certified mail, by the commissioner or advisory council;

(3) performed services of a speech-language pathologist or audiologist in an
incompetent or negligent manner;

(4) violated sections 148.511 to 148.5198;

(5) failed to perform services with reasonable judgment, skill, or safety due to the
use of alcohol or drugs, or other physical or mental impairment;

(6) violated any state or federal law, rule, or regulation, and the violation is a felony
or misdemeanor, an essential element of which is dishonesty, or which relates directly
or indirectly to the practice of speech-language pathology or audiology. Conviction for
violating any state or federal law which relates to speech-language pathology or audiology
is necessarily considered to constitute a violation, except as provided in chapter 364;

(7) aided or abetted another person in violating any provision of sections 148.511 to
148.5198;

(8) been or is being disciplined by another jurisdiction, if any of the grounds for
the discipline is the same or substantially equivalent to those under sections 148.511 to
148.5198;

(9) not cooperated with the commissioner or advisory council in an investigation
conducted according to subdivision 1;

(10) advertised in a manner that is false or misleading;

(11) engaged in conduct likely to deceive, defraud, or harm the public; or
demonstrated a willful or careless disregard for the health, welfare, or safety of a client;

(12) failed to disclose to the consumer any fee splitting or any promise to pay a
portion of a fee to any other professional other than a fee for services rendered by the
other professional to the client;

(13) engaged in abusive or fraudulent billing practices, including violations of
federal Medicare and Medicaid laws, Food and Drug Administration regulations, or state
medical assistance laws;

(14) obtained money, property, or services from a consumer through the use of
undue influence, high pressure sales tactics, harassment, duress, deception, or fraud;

(15) performed services for a client who had no possibility of benefiting from the
services;

(16) failed to refer a client for medical evaluation or to other health care professionals
when appropriate or when a client indicated symptoms associated with diseases that
could be medically or surgically treated;

(17) had the certification required by chapter 153A denied, suspended, or revoked
according to chapter 153A;

(18) used the term doctor of audiology, doctor of speech-language pathology,
AuD, or SLPD without having obtained the degree from an institution accredited by
the North Central Association of Colleges and Secondary Schools, the Council on
Academic Accreditation in Audiology and Speech-Language Pathology, the United States
Department of Education, or an equivalent;

(19) failed to comply with the requirements of section 148.5192 regarding
supervision of speech-language pathology assistants; or

(20) if the individual is an audiologist or certified hearing deleted text beginaiddeleted text end new text begininstrument new text enddispenser:

(i) prescribed or otherwise recommended to a consumer or potential consumer the use
of a hearing deleted text beginaiddeleted text endnew text begin instrumentnew text end, unless the prescription from a physician or recommendation
from an audiologist or certified dispenser is in writing, is based on an audiogram that is
delivered to the consumer or potential consumer when the prescription or recommendation
is made, and bears the following information in all capital letters of 12-point or larger
boldface type: "THIS PRESCRIPTION OR RECOMMENDATION MAY BE FILLED
BY, AND HEARING deleted text beginAIDSdeleted text endnew text begin INSTRUMENTSnew text end MAY BE PURCHASED FROM, THE
LICENSED AUDIOLOGIST OR CERTIFIED DISPENSER OF YOUR CHOICE";

(ii) failed to give a copy of the audiogram, upon which the prescription or
recommendation is based, to the consumer when the consumer requests a copy;

(iii) failed to provide the consumer rights brochure required by section 148.5197,
subdivision 3
;

(iv) failed to comply with restrictions on sales of hearing deleted text beginaidsdeleted text end new text begininstruments new text endin sections
148.5197, subdivision 3, and 148.5198;

(v) failed to return a consumer's hearing deleted text beginaiddeleted text end new text begininstrument new text endused as a trade-in or for a
discount in the price of a new hearing deleted text beginaiddeleted text end new text begininstrument new text endwhen requested by the consumer
upon cancellation of the purchase agreement;

(vi) failed to follow Food and Drug Administration or Federal Trade Commission
regulations relating to dispensing hearing deleted text beginaidsdeleted text endnew text begin instrumentsnew text end;

(vii) failed to dispense a hearing deleted text beginaiddeleted text end new text begininstrument new text endin a competent manner or without
appropriate training;

(viii) delegated hearing instrument dispensing authority to a person not authorized to
dispense a hearing instrument under this chapter or chapter 153A;

(ix) failed to comply with the requirements of an employer or supervisor of a hearing
deleted text begin aiddeleted text end new text begininstrument new text enddispenser trainee; deleted text beginor
deleted text end

(x) violated a state or federal court order or judgment, including a conciliation court
judgment, relating to the activities of the individual's hearing deleted text beginaiddeleted text end new text begininstrument new text enddispensingnew text begin; or
new text end

new text begin (xi) failed to include on the audiogram the practitioner's printed name, credential
type, credential number, signature, and date
new text end.

Sec. 14.

Minnesota Statutes 2006, section 148.6425, is amended to read:


148.6425 RENEWAL OF LICENSURE; AFTER EXPIRATION DATE.

Subdivision 1.

Removal of name from list.

The names of licensees who do not
comply with the licensure renewal requirements of section 148.6423 on or before the
expiration date shall be removed from the list of individuals authorized to practice
occupational therapy and to use the protected titles in section 148.6403. The licensees
must comply with the requirements of this section in order to regain licensed status.

Subd. 2.

Licensure renewal after licensure expiration date.

An individual
whose application for licensure renewal is received after the licensure expiration date
must submit the following:

(1) a completed and signed application for licensure following lapse in licensed
status on forms provided by the commissioner;

(2) the renewal fee and the late fee required under section 148.6445;

(3) proof of having met the continuing education requirements deleted text beginsince the individual's
initial licensure or last licensure renewal
deleted text endnew text begin in section 148.6443, subdivision 1new text end; and

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

Subd. 3.

Licensure renewal four years or more after licensure expiration date.

(a) An individual who requests licensure renewal four years or more after the licensure
expiration date must submit the following:

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

(2) the renewal fee and the late fee required under section 148.6445 if renewal
application is based on paragraph (b), clause (1), (2), or (3), or the renewal fee required
under section 148.6445 if renewal application is based on paragraph (b), clause (4);

(3) proof of having met the continuing education requirement deleted text beginfor the most recently
completed two-year continuing education cycle
deleted text endnew text begin in section 148.6443, subdivision 1,
except the continuing education must be obtained in the two years immediately preceding
application renewal
new text end; and

(4) at the time of the next licensure renewal, proof of having met the continuing
education requirement, which shall be prorated based on the number of months licensed
during the deleted text beginbiennialdeleted text end new text begintwo-year new text endlicensure period.

(b) In addition to the requirements in paragraph (a), the applicant must submit proof
of one of the following:

(1) verified documentation of successful completion of 160 hours of supervised
practice approved by the commissioner as described in paragraph (c);

(2) verified documentation of having achieved a qualifying score on the credentialing
examination for occupational therapists or the credentialing examination for occupational
therapy assistants administered within the past year;

(3) documentation of having completed a combination of occupational therapy
courses or an occupational therapy refresher program that contains both a theoretical and
clinical component approved by the commissioner. Only courses completed within one
year preceding the date of the application or one year after the date of the application
qualify for approval; or

(4) evidence that the applicant holds a current and unrestricted credential for the
practice of occupational therapy in another jurisdiction and that the applicant's credential
from that jurisdiction has been held in good standing during the period of lapse.

(c) To participate in a supervised practice as described in paragraph (b), clause
(1), the applicant shall obtain limited licensure. To apply for limited licensure, the
applicant shall submit the completed limited licensure application, fees, and agreement
for supervision of an occupational therapist or occupational therapy assistant practicing
under limited licensure signed by the supervising therapist and the applicant. The
supervising occupational therapist shall state the proposed level of supervision on the
supervision agreement form provided by the commissioner. The supervising therapist
shall determine the frequency and manner of supervision based on the condition of the
patient or client, the complexity of the procedure, and the proficiencies of the supervised
occupational therapist. At a minimum, a supervising occupational therapist shall be on
the premises at all times that the person practicing under limited licensure is working;
be in the room ten percent of the hours worked each week by the person practicing
under limited licensure; and provide daily face-to-face collaboration for the purpose
of observing service competency of the occupational therapist or occupational therapy
assistant, discussing treatment procedures and each client's response to treatment, and
reviewing and modifying, as necessary, each treatment plan. The supervising therapist
shall document the supervision provided. The occupational therapist participating in
a supervised practice is responsible for obtaining the supervision required under this
paragraph and must comply with the commissioner's requirements for supervision during
the entire 160 hours of supervised practice. The supervised practice must be completed in
two months and may be completed at the applicant's place of work.

(d) In addition to the requirements in paragraphs (a) and (b), the applicant must
submit additional information as requested by the commissioner to clarify information in
the application, including information to determine whether the applicant has engaged in
conduct warranting disciplinary action as set forth in section 148.6448. The information
must be submitted within 30 days after the commissioner's request.

Sec. 15.

Minnesota Statutes 2006, section 148.6428, is amended to read:


148.6428 CHANGE OF new text beginNAME, new text endADDRESSnew text begin,new text end OR EMPLOYMENT.

A licensee who changes deleted text beginaddressesdeleted text endnew text begin a name, address,new text end or employment must inform the
commissioner, in writing, of the change of new text beginname, new text endaddress, employment, business address,
or business telephone number within 30 days. new text beginA change in name must be accompanied by
a copy of a marriage certificate or court order.
new text endAll notices or other correspondence mailed
to or served on a licensee by the commissioner at the licensee's address on file with the
commissioner shall be considered as having been received by the licensee.

Sec. 16.

Minnesota Statutes 2006, section 148.6440, is amended to read:


148.6440 PHYSICAL AGENT MODALITIES.

Subdivision 1.

General considerations.

(a) Occupational therapists who new text beginintend
to
new text enduse superficial physical agent modalities must comply with the requirements in
subdivision 3. Occupational therapists who new text beginintend to new text enduse electrotherapy must comply with
the requirements in subdivision 4. Occupational therapists who new text beginintend to new text enduse ultrasound
devices must comply with the requirements in subdivision 5. Occupational therapy
assistants who new text beginintend to new text enduse physical agent modalities must comply with subdivision 6.

(b) Use of superficial physical agent modalities, electrical stimulation devices, and
ultrasound devices must be on the order of a physician.

(c) new text beginPrior to any use of any physical agent modality, a licensee must obtain approval
from the commissioner.
new text endThe commissioner shall maintain a roster of persons licensed
under sections 148.6401 to 148.6450 who new text beginare approved to new text enduse physical agent modalities.
deleted text begin Prior to using a physical agent modality, licensees must inform the commissioner of
the physical agent modality they will use. Persons who use physical agent modalities
must indicate on their initial and renewal applications the physical agent modalities that
they use.
deleted text end

(d) Licensees are responsible for informing the commissioner of any changes in the
information required in this section within 30 days of any change.

Subd. 2.

Written documentation required.

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

Subd. 3.

Educational and clinical requirements for use of superficial physical
agent modalities.

(a) An occupational therapist may use superficial physical agent
modalities if the occupational therapist has received theoretical training and clinical
application training in the use of superficial physical agent modalitiesnew text begin and been granted
approval as provided in subdivision 7
new text end.

(b) Theoretical training in the use of superficial physical agent modalities must:

(1) explain the rationale and clinical indications for use of superficial physical agent
modalities;

(2) explain the physical properties and principles of the superficial physical agent
modalities;

(3) describe the types of heat and cold transference;

(4) explain the factors affecting tissue response to superficial heat and cold;

(5) describe the biophysical effects of superficial physical agent modalities in
normal and abnormal tissue;

(6) describe the thermal conductivity of tissue, matter, and air;

(7) explain the advantages and disadvantages of superficial physical agent
modalities; and

(8) explain the precautions and contraindications of superficial physical agent
modalities.

(c) Clinical application training in the use of superficial physical agent modalities
must include activities requiring the practitioner to:

(1) formulate and justify a plan for the use of superficial physical agents for
treatment appropriate to its use and simulate the treatment;

(2) evaluate biophysical effects of the superficial physical agents;

(3) identify when modifications to the treatment plan for use of superficial physical
agents are needed and propose the modification plan;

(4) safely and appropriately administer superficial physical agents under the
supervision of a course instructor or clinical trainer;

(5) document parameters of treatment, patient response, and recommendations for
progression of treatment for the superficial physical agents; and

(6) demonstrate the ability to work competently with superficial physical agents as
determined by a course instructor or clinical trainer.

Subd. 4.

Educational and clinical requirements for use of electrotherapy.

(a) An
occupational therapist may use electrotherapy if the occupational therapist has received
theoretical training and clinical application training in the use of electrotherapynew text begin and been
granted approval as provided in subdivision 7
new text end.

(b) Theoretical training in the use of electrotherapy must:

(1) explain the rationale and clinical indications of electrotherapy, including pain
control, muscle dysfunction, and tissue healing;

(2) demonstrate comprehension and understanding of electrotherapeutic terminology
and biophysical principles, including current, voltage, amplitude, and resistance;

(3) describe the types of current used for electrical stimulation, including the
description, modulations, and clinical relevance;

(4) describe the time-dependent parameters of pulsed and alternating currents,
including pulse and phase durations and intervals;

(5) describe the amplitude-dependent characteristics of pulsed and alternating
currents;

(6) describe neurophysiology and the properties of excitable tissue;

(7) describe nerve and muscle response from externally applied electrical
stimulation, including tissue healing;

(8) describe the electrotherapeutic effects and the response of nerve, denervated and
innervated muscle, and other soft tissue; and

(9) explain the precautions and contraindications of electrotherapy, including
considerations regarding pathology of nerve and muscle tissue.

(c) Clinical application training in the use of electrotherapy must include activities
requiring the practitioner to:

(1) formulate and justify a plan for the use of electrical stimulation devices for
treatment appropriate to its use and simulate the treatment;

(2) evaluate biophysical treatment effects of the electrical stimulation;

(3) identify when modifications to the treatment plan using electrical stimulation are
needed and propose the modification plan;

(4) safely and appropriately administer electrical stimulation under supervision
of a course instructor or clinical trainer;

(5) document the parameters of treatment, case example (patient) response, and
recommendations for progression of treatment for electrical stimulation; and

(6) demonstrate the ability to work competently with electrical stimulation as
determined by a course instructor or clinical trainer.

Subd. 5.

Educational and clinical requirements for use of ultrasound.

(a) An
occupational therapist may use an ultrasound device if the occupational therapist has
received theoretical training and clinical application training in the use of ultrasoundnew text begin and
been granted approval as provided in subdivision 7
new text end.

(b) The theoretical training in the use of ultrasound must:

(1) explain the rationale and clinical indications for the use of ultrasound, including
anticipated physiological responses of the treated area;

(2) describe the biophysical thermal and nonthermal effects of ultrasound on normal
and abnormal tissue;

(3) explain the physical principles of ultrasound, including wavelength, frequency,
attenuation, velocity, and intensity;

(4) explain the mechanism and generation of ultrasound and energy transmission
through physical matter; and

(5) explain the precautions and contraindications regarding use of ultrasound devices.

(c) The clinical application training in the use of ultrasound must include activities
requiring the practitioner to:

(1) formulate and justify a plan for the use of ultrasound for treatment appropriate to
its use and stimulate the treatment;

(2) evaluate biophysical effects of ultrasound;

(3) identify when modifications to the treatment plan for use of ultrasound are
needed and propose the modification plan;

(4) safely and appropriately administer ultrasound under supervision of a course
instructor or clinical trainer;

(5) document parameters of treatment, patient response, and recommendations for
progression of treatment for ultrasound; and

(6) demonstrate the ability to work competently with ultrasound as determined
by a course instructor or clinical trainer.

Subd. 6.

Occupational therapy assistant use of physical agent modalities.

An
occupational therapy assistant may set up and implement treatment using physical agent
modalities if the assistant meets the requirements of this section, has demonstrated service
competency for the particular modality used, and works under the direct supervision
of an occupational therapistnew text begin who has been granted approval as provided in subdivision
7
new text end. An occupational therapy assistant who uses superficial physical agent modalities
must meet the requirements of subdivision 3. An occupational therapy assistant who
uses electrotherapy must meet the requirements of subdivision 4. An occupational
therapy assistant who uses ultrasound must meet the requirements of subdivision 5. An
occupational therapist may not delegate evaluation, reevaluation, treatment planning, and
treatment goals for physical agent modalities to an occupational therapy assistant.

Subd. 7.

Approval.

(a) The advisory council shall appoint a committee to review
documentation under subdivisions 2 to 6 to determine if established educational and
clinical requirements are met. If, after review of course documentation, the committee
verifies that a specific course meets the theoretical and clinical requirements in
subdivisions 2 to 6, the commissioner may approve practitioner applications that include
the required course documentation evidencing completion of the same course.

(b) Occupational therapists shall be advised of the status of their request for approval
within 30 days. Occupational therapists must provide any additional information requested
by the committee that is necessary to make a determination regarding approval or denial.

(c) A determination regarding a request for approval of training under this
subdivision shall be made in writing to the occupational therapist. If denied, the reason for
denial shall be provided.

(d) A licensee who was approved by the commissioner as a level two provider prior
to July 1, 1999, shall remain on the roster maintained by the commissioner in accordance
with subdivision 1, paragraph (c).

(e) To remain on the roster maintained by the commissioner, a licensee who was
approved by the commissioner as a level one provider prior to July 1, 1999, must submit to
the commissioner documentation of training and experience gained using physical agent
modalities since the licensee's approval as a level one provider. The committee appointed
under paragraph (a) shall review the documentation and make a recommendation to the
commissioner regarding approval.

(f) An occupational therapist who received training in the use of physical agent
modalities prior to July 1, 1999, but who has not been placed on the roster of approved
providers may submit to the commissioner documentation of training and experience
gained using physical agent modalities. The committee appointed under paragraph (a)
shall review documentation and make a recommendation to the commissioner regarding
approval.

Sec. 17.

Minnesota Statutes 2006, section 148.6443, subdivision 1, is amended to read:


Subdivision 1.

General requirements.

deleted text beginAndeleted text end new text beginA licensed new text endoccupational therapist
deleted text begin applying for licensure renewaldeleted text end must deleted text beginhave completeddeleted text end new text beginobtain new text enda minimum of 24 contact
hours of continuing education in the deleted text begintwo years precedingdeleted text end new text begintwo-year new text endlicensure deleted text beginrenewaldeleted text endnew text begin
period
new text end. deleted text beginAndeleted text end new text beginA licensed new text endoccupational therapy assistant deleted text beginapplying for licensure renewaldeleted text end must
deleted text begin have completeddeleted text end new text beginobtain new text enda minimum of 18 contact hours of continuing education in the deleted text begintwo
years preceding
deleted text end new text begintwo-year new text endlicensure deleted text beginrenewaldeleted text endnew text begin periodnew text end. new text beginAll continuing education coursework
must be obtained between the effective and expiration dates of the license.
new text endLicensees who
are issued licenses for a period of less than two years shall deleted text beginprorate thedeleted text end new text beginobtain a prorated
new text endnumber of contact hours required for licensure renewal based on the number of months
licensed during the deleted text beginbiennialdeleted text end new text begintwo-year new text endlicensure period. deleted text beginLicensees shall receive contact
hours for continuing education activities only for the biennial licensure period in which
the continuing education activity was performed.
deleted text end

To qualify as a continuing education activity, the activity must be a minimum of
one contact hour. Contact hours must be earned and reported in increments of one contact
hour or one-half contact hour after the first contact hour of each continuing education
activity. One-half contact hour means an instructional session of 30 consecutive minutes,
excluding coffee breaks, registration, meals without a speaker, and social activities.

Each licensee is responsible for financing the cost of the licensee's continuing
education activities.

Sec. 18.

Minnesota Statutes 2006, section 148.6443, subdivision 3, is amended to read:


Subd. 3.

Activities qualifying for continuing education contact hours.

(a) The
activities in this subdivision qualify for continuing education contact hours if they meet all
other requirements of this section.

(b) A minimum of one-half of the required contact hours must be directly related
to the occupational therapy practice. The remaining contact hours may be related to
occupational therapy practice, the delivery of occupational therapy services, or to the
practitioner's current professional role.

(c) A licensee may obtain an unlimited number of contact hours in any two-year
continuing education period through participation in the following:

(1) attendance at educational programs of annual conferences, lectures, panel
discussions, workshops, in-service training, seminars, and symposiums;

(2) successful completion of college or university courses. The licensee must obtain
a grade of at least a "C" or a pass in a pass or fail course in order to receive the following
continuing education credits:

(i) one semester credit equals 14 contact hours;

(ii) one trimester credit equals 12 contact hours; and

(iii) one quarter credit equals ten contact hours;

(3) successful completion of home study courses that require the participant to
demonstrate the participant's knowledge following completion of the course.

(d) A licensee may obtain a maximum of six contact hours in any two-year
continuing education period for:

(1) teaching continuing education courses that meet the requirements of this section.
A licensee is entitled to earn a maximum of two contact hours as preparation time for
each contact hour of presentation time. Contact hours may be claimed only once for
teaching the same course in any two-year continuing education period. A course schedule
or brochure must be maintained for audit;

(2) supervising occupational therapist or occupational therapy assistant students. A
licensee may earn one contact hour for every eight hours of student supervision. Licensees
must maintain a log indicating the name of each student supervised and the hours each
student was supervised. Contact hours obtained by student supervision must be obtained
by supervising students from an occupational therapy education program accredited by the
Accreditation Council for Occupational Therapy Education;

(3) teaching or participating in courses related to leisure activities, recreational
activities, or hobbies if the practitioner uses these interventions within the practitioner's
current practice or employment; and

(4) engaging in research activities or outcome studies that are associated with grants,
postgraduate studies, or publications in professional journals or books.

(e) A licensee may obtain a maximum of two contact hours in any two-year
continuing education period for continuing education activities in the following areas:

(1) deleted text beginbusiness-related topics: marketing, time management, administration, risk
management, government regulations, techniques for training professionals, computer
skills, payment systems, including covered services, coding, documentation, billing,
and similar topics;
deleted text end

deleted text begin (2)deleted text end personal skill topics: career burnout, communication skills, human relations, and
similar topics; and

deleted text begin (3)deleted text endnew text begin (2)new text end training that is obtained in conjunction with a licensee's employment, occurs
during a licensee's normal workday, and does not include subject matter specific to the
fundamentals of occupational therapy.

Sec. 19.

Minnesota Statutes 2006, section 148.6445, subdivision 11, is amended to
read:


Subd. 11.

Penalty fees.

(a) The penalty fee for practicing occupational therapynew text begin or
using protected titles
new text end without a current license after the credential has expired and before it
is renewed is the amount of the license renewal fee for any part of the first month, plus the
license renewal fee for any part of any subsequent month up to 36 months.

(b) The penalty fee for applicants who engage in the unauthorized practice of
occupational therapynew text begin or use protected titlesnew text end before being issued a license is the amount
of the license application fee for any part of the first month, plus the license application
fee for any part of any subsequent month up to 36 months. This paragraph does not
apply to applicants not qualifying for a license who engage in the unauthorized practice
of occupational therapy.

(c) The penalty fee for new text beginpracticing occupational therapy and new text endfailing to submit a
continuing education report by the due date with the correct number or type of hours in
the correct time period is $100 plus $20 for each missing clock hour. new text beginMissing means not
obtained between the effective and expiration dates of the license, the one-month period
following the license expiration date, or the 30 days following notice of a penalty fee for
failing to report all continuing education hours.
new text endThe licensee must obtain the missing
number of continuing education hours by the next reporting due date.

(d) Civil penalties and discipline incurred by licensees prior to August 1, 2005, for
conduct described in paragraph (a), (b), or (c) shall be recorded as nondisciplinary penalty
fees. For conduct described in paragraph (a) or (b) occurring after August 1, 2005, and
exceeding six months, payment of a penalty fee does not preclude any disciplinary action
reasonably justified by the individual case.

Sec. 20.

new text begin [148B.195] DUTY TO WARN.
new text end

new text begin A licensee must comply with the duty to warn established in section 148.975.
new text end

Sec. 21.

Minnesota Statutes 2006, section 151.01, subdivision 27, is amended to read:


Subd. 27.

Practice of pharmacy.

"Practice of pharmacy" means:

(1) interpretation and evaluation of prescription drug orders;

(2) compounding, labeling, and dispensing drugs and devices (except labeling by
a manufacturer or packager of nonprescription drugs or commercially packaged legend
drugs and devices);

(3) participation in clinical interpretations and monitoring of drug therapy for
assurance of safe and effective use of drugs;

(4) participation in drug and therapeutic device selection; drug administration for
first dosage and medical emergencies; drug regimen reviews; and drug or drug-related
research;

(5) participation in administration of influenza deleted text beginand pneumococcal vaccinedeleted text end new text beginvaccines
new text endto new text beginall eligible new text endindividuals over deleted text begin18deleted text end new text beginten new text endyears of age new text beginand all other vaccines to patients 18
years of age and older
new text endunder standing orders from a physician licensed under chapter 147
or by written protocol with a physician provided that:

(i) the pharmacist is trained in a program approved by the American Council of
Pharmaceutical Education for the administration of immunizations or graduated from a
college of pharmacy in 2001 or thereafter; and

(ii) the pharmacist reports the administration of the immunization to the patient's
primary physician or clinic;

(6) participation in the practice of managing drug therapy and modifying drug
therapy, according to section 151.21, subdivision 1, deleted text beginon a case-by-case basisdeleted text end according to a
written protocol between the specific pharmacist and the individual dentist, optometrist,
physician, podiatrist, or veterinarian who is responsible for the patient's care and
authorized to independently prescribe drugs. Any significant changes in drug therapy must
be reported by the pharmacist to the patient's medical record;

(7) participation in the storage of drugs and the maintenance of records;

(8) responsibility for participation in patient counseling on therapeutic values,
content, hazards, and uses of drugs and devices; and

(9) offering or performing those acts, services, operations, or transactions necessary
in the conduct, operation, management, and control of a pharmacy.

Sec. 22.

Minnesota Statutes 2006, section 153A.14, subdivision 2i, is amended to read:


Subd. 2i.

Continuing education requirement.

On forms provided by the
commissioner, each certified dispenser must submit with the application for renewal of
certification evidence of completion of ten course hours of continuing education earned
within the 12-month period of deleted text beginJulydeleted text end new text beginNovember new text end1 to deleted text beginJune 30 immediately preceding renewaldeleted text endnew text begin
October 31, between the effective and expiration dates of certification
new text end. Continuing
education courses must be directly related to hearing instrument dispensing and
approved by the International Hearing Societynew text begin, the American Speech-Language-Hearing
Association, or the American Academy of Audiology
new text end. Evidence of completion of the
ten course hours of continuing education must be submitted deleted text beginwith renewal applicationsdeleted text end
by deleted text beginOctoberdeleted text endnew text begin Decembernew text end 1 of each year. This requirement does not apply to dispensers
certified for less than one year. deleted text beginThe first report of evidence of completion of the continuing
education credits shall be due October 1, 1997.
deleted text end

Sec. 23.

Minnesota Statutes 2006, section 153A.14, subdivision 4a, is amended to read:


Subd. 4a.

Trainees.

(a) A person who is not certified under this section may dispense
hearing instruments as a trainee for a period not to exceed 12 months if the person:

(1) submits an application on forms provided by the commissioner;

(2) is under the supervision of a certified dispenser meeting the requirements of
this subdivision; deleted text beginand
deleted text end

(3) meets all requirements for certification except passage of the examination
required by this sectionnew text begin; and
new text end

new text begin (4) uses the title "dispenser trainee" in contacts with the patients, clients, or
consumers
new text end.

(b) A certified hearing instrument dispenser may not supervise more than two
trainees at the same time and may not directly supervise more than one trainee at a time.
The certified dispenser is responsible for all actions or omissions of a trainee in connection
with the dispensing of hearing instruments. A certified dispenser may not supervise a
trainee if there are any commissioner, court, or other orders, currently in effect or issued
within the last five years, that were issued with respect to an action or omission of a
certified dispenser or a trainee under the certified dispenser's supervision.

Until taking and passing the practical examination testing the techniques described
in subdivision 2h, paragraph (a), clause (2), trainees must be directly supervised in all
areas described in subdivision 4b, and the activities tested by the practical examination.
Thereafter, trainees may dispense hearing instruments under indirect supervision until
expiration of the trainee period. Under indirect supervision, the trainee must complete two
monitored activities a week. Monitored activities may be executed by correspondence,
telephone, or other telephonic devices, and include, but are not limited to, evaluation
of audiograms, written reports, and contracts. The time spent in supervision must be
recorded and the record retained by the supervisor.

Sec. 24.

Minnesota Statutes 2006, section 153A.14, subdivision 11, is amended to read:


Subd. 11.

Requirement to maintain current information.

A dispenser must notify
the commissioner in writing within 30 days of the occurrence of any of the following:

(1) a change of new text beginname, new text endaddress, home or business telephone number, or business
name;

(2) the occurrence of conduct prohibited by section 153A.15;

(3) a settlement, conciliation court judgment, or award based on negligence,
intentional acts, or contractual violations committed in the dispensing of hearing
instruments by the dispenser; and

(4) the cessation of hearing instrument dispensing activities as an individual or a
business.

Sec. 25.

Minnesota Statutes 2006, section 153A.175, is amended to read:


153A.175 PENALTY FEES.

(a) The penalty fee for holding oneself out as a hearing instrument dispenser without
a current certificate after the credential has expired and before it is renewed is one-half
the amount of the certificate renewal fee for any part of the first day, plus one-half the
certificate renewal fee for any part of any subsequent days up to 30 days.

(b) The penalty fee for applicants who hold themselves out as hearing instrument
dispensers after expiration of the trainee period and before being issued a certificate is
one-half the amount of the certificate application fee for any part of the first day, plus
one-half the certificate application fee for any part of any subsequent days up to 30 days.
This paragraph does not apply to applicants not qualifying for a certificate who hold
themselves out as hearing instrument dispensers.

(c) The penalty fee for new text beginpracticing hearing instrument dispensing and new text endfailing to submit
a continuing education report by the due date with the correct number or type of hours in
the correct time period is $200 plus $200 for each missing clock hour. new text begin"Missing" means
not obtained between the effective and expirations dates of the certificate, the one-month
period following the certificate expiration date, or the 30 days following notice of a
penalty fee for failing to report all continuing education hours.
new text endThe certificate holder must
obtain the missing number of continuing education hours by the next reporting due date.

(d) Civil penalties and discipline incurred by certificate holders prior to August
1, 2005, for conduct described in paragraph (a), (b), or (c) shall be recorded as
nondisciplinary penalty fees. Payment of a penalty fee does not preclude any disciplinary
action reasonably justified by the individual case.

Sec. 26. new text beginEXEMPTION.
new text end

new text begin The Board of Physical Therapy shall grant a waiver of the examination requirements
under Minnesota Statutes, section 148.723, to an applicant applying for licensure before
July 1, 2008, who has been issued physical therapy licenses between 1980 and 1995 in at
least three other states and one or more foreign countries. The licenses issued by the other
states and foreign country must be in good standing or were in good standing at the time
the license expired. The applicant must meet all other requirements of Minnesota Statutes,
section 148.705. This waiver expires on September 1, 2008.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end