2nd Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to health; establishing a state board of 1.3 physical therapy; requiring rulemaking; providing 1.4 licensing requirements for physical therapists; 1.5 amending Minnesota Statutes 1998, sections 144A.46, 1.6 subdivision 2; 148.66; 148.67; 148.70; 148.705; 1.7 148.71; 148.72, subdivisions 1, 2, and 4; 148.73; 1.8 148.74; 148.75; 148.76; 148.78; and 214.01, 1.9 subdivision 2; proposing coding for new law in 1.10 Minnesota Statutes, chapter 148. 1.11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.12 Section 1. Minnesota Statutes 1998, section 144A.46, 1.13 subdivision 2, is amended to read: 1.14 Subd. 2. [EXEMPTIONS.] The following individuals or 1.15 organizations are exempt from the requirement to obtain a home 1.16 care provider license: 1.17 (1) a person who is licensed as a registered nurse under 1.18 sections 148.171 to 148.285 and who independently provides 1.19 nursing services in the home without any contractual or 1.20 employment relationship to a home care provider or other 1.21 organization; 1.22 (2) a personal care assistant who provides services to only 1.23 one individual under the medical assistance program as 1.24 authorized under sections 256B.0625, subdivision 19, and 1.25 256B.04, subdivision 16; 1.26 (3) a person or organization that exclusively offers, 1.27 provides, or arranges for personal care assistant services to 1.28 only one individual under the medical assistance program as 2.1 authorized under sections 256B.0625, subdivision 19, and 2.2 256B.04, subdivision 16; 2.3 (4) a person who isregisteredlicensed under sections 2.4 148.65 to 148.78 and who independently provides physical therapy 2.5 services in the home without any contractual or employment 2.6 relationship to a home care provider or other organization; 2.7 (5) a provider that is licensed by the commissioner of 2.8 human services to provide semi-independent living services under 2.9 Minnesota Rules, parts 9525.0500 to 9525.0660 when providing 2.10 home care services to a person with a developmental disability; 2.11 (6) a provider that is licensed by the commissioner of 2.12 human services to provide home and community-based services 2.13 under Minnesota Rules, parts 9525.2000 to 9525.2140 when 2.14 providing home care services to a person with a developmental 2.15 disability; 2.16 (7) a person or organization that provides only home 2.17 management services, if the person or organization is registered 2.18 under section 144A.461; or 2.19 (8) a person who is licensed as a social worker under 2.20 sections 148B.18 to 148B.289 and who provides social work 2.21 services in the home independently and not through any 2.22 contractual or employment relationship with a home care provider 2.23 or other organization. 2.24 An exemption under this subdivision does not excuse the 2.25 individual from complying with applicable provisions of the home 2.26 care bill of rights. 2.27 Sec. 2. Minnesota Statutes 1998, section 148.66, is 2.28 amended to read: 2.29 148.66 [STATE BOARD OFMEDICAL PRACTICEPHYSICAL THERAPY, 2.30 DUTIES.] 2.31 The state board ofmedical practice, as now or hereafter2.32constituted, hereinafter termed "the board," in the manner2.33hereinafter provided,physical therapy established under section 2.34 148.67 shall administerthe provisions of this lawsections 2.35 148.65 to 148.78. As used in sections 148.65 to 148.78, "board" 2.36 means the state board of physical therapy. 3.1 The board shall: 3.2 (1) adopt rules necessary to administer and enforce 3.3 sections 148.65 to 148.78; 3.4 (2) administer, coordinate, and enforce sections 148.65 to 3.5 148.78; 3.6 (3) evaluate the qualifications of applicants; 3.7 (4) issue subpoenas, examine witnesses, and administer 3.8 oaths; 3.9 (5) conduct hearings and keep records and minutes necessary 3.10 to the orderly administration of sections 148.65 to 148.78; 3.11 (6) investigate persons engaging in practices that violate 3.12 sections 148.65 to 148.78; and 3.13 (7) adopt rules under chapter 14 prescribing a code of 3.14 ethics for licensees. 3.15 Sec. 3. Minnesota Statutes 1998, section 148.67, is 3.16 amended to read: 3.17 148.67 [STATE BOARD OF PHYSICAL THERAPYCOUNCIL; MEMBERSHIP 3.18 APPOINTMENTS, VACANCIES, REMOVALS.] 3.19 Subdivision 1. [BOARD OF PHYSICAL THERAPY APPOINTED.] The 3.20board of medical practice shallgovernor shall appoint a state 3.21 board of physical therapycouncil in carrying out the provisions3.22of this lawto administer sections 148.65 to 148.78, regarding 3.23 the qualifications and examination of physical therapists. 3.24 Thecouncilboard shall consist ofsevennine members, citizens 3.25 and residents of the state of Minnesota, composed ofthreefour 3.26 physical therapists,twoone licensed and registereddoctors3.27 doctor of medicineand surgery, one being a professor or3.28associate or assistant professor from a program in physical3.29therapy approved by the board of medical practice, one aide or3.30assistant to a physical therapist and one public member. The3.31council shall expire, and the terms, compensation and removal of3.32members shall be as provided in section 15.059., one physical 3.33 therapy assistant and three public members. The four physical 3.34 therapist members must be licensed physical therapists in this 3.35 state. Each of the four physical therapist members must have at 3.36 least five years experience in physical therapy practice, 4.1 physical therapy administration, or physical therapy education. 4.2 The five years experience must immediately precede appointment. 4.3 Membership terms, compensation of members, removal of members, 4.4 filling of membership vacancies, and fiscal year and reporting 4.5 requirements shall be as provided in sections 214.07 to 214.09. 4.6 The provision of staff, administrative services, and office 4.7 space; the review and processing of complaints; the setting of 4.8 board fees; and other provisions relating to board operations 4.9 shall be as provided in chapter 214. Each member of the board 4.10 shall file with the secretary of state the constitutional oath 4.11 of office before beginning the term of office. 4.12 Subd. 2. [RECOMMENDATIONS FOR APPOINTMENT.] Prior to the 4.13 end of the term of a member of the board, or within 60 days 4.14 after a position on the board becomes vacant, the Minnesota 4.15 Chapter of the American Physical Therapy Association and other 4.16 interested persons and organizations may recommend to the 4.17 governor members qualified to serve on the board. The governor 4.18 may appoint members to the board from the list of persons 4.19 recommended or from among other qualified candidates. 4.20 Sec. 4. [148.691] [OFFICERS; EXECUTIVE DIRECTOR.] 4.21 Subdivision 1. [OFFICERS OF THE BOARD.] The board shall 4.22 elect from its members a president, a vice-president, and a 4.23 secretary-treasurer. Each shall serve for one year or until a 4.24 successor is elected and qualifies. The board shall appoint and 4.25 employ an executive secretary. A majority of the board, 4.26 including one officer, constitutes a quorum at a meeting. 4.27 Subd. 2. [BOARD AUTHORITY TO HIRE.] The board may employ 4.28 persons needed to carry out its work. 4.29 Subd. 3. [DISCLOSURE.] Subject to the exceptions listed in 4.30 this subdivision, all communications or information received by 4.31 or disclosed to the board relating to any person or matter 4.32 subject to its regulatory jurisdiction are confidential and 4.33 privileged and any disciplinary hearing shall be closed to the 4.34 public. 4.35 (a) Upon application of a party in a proceeding before the 4.36 board, the board shall produce and permit the inspection and 5.1 copying, by or on behalf of the moving party, of any designated 5.2 documents or papers relevant to the proceedings, in accordance 5.3 with the provisions of rule 34, Minnesota Rules of Civil 5.4 Procedure. 5.5 (b) If the board imposes disciplinary measures of any kind, 5.6 whether by contested case or by settlement agreement, the name 5.7 and business address of the licensee, the nature of the 5.8 misconduct, and the action taken by the board are public data. 5.9 If disciplinary action is taken by settlement agreement, the 5.10 entire agreement is public data. The board shall decide 5.11 disciplinary matters, whether by settlement or by contested 5.12 case, by roll call vote. The votes are public data. 5.13 (c) The board shall exchange information with other 5.14 licensing boards, agencies, or departments within the state, as 5.15 required under section 214.10, subdivision 8, paragraph (d), and 5.16 may release information in the reports required under section 5.17 214.10, subdivision 8, paragraph (b). 5.18 (d) The board shall upon request furnish to a person who 5.19 made a complaint, a description of the activities and actions of 5.20 the board relating to that complaint, a summary of the results 5.21 of an investigation of that complaint, and the reasons for 5.22 actions taken by the board. 5.23 Sec. 5. Minnesota Statutes 1998, section 148.70, is 5.24 amended to read: 5.25 148.70 [APPLICANTS, QUALIFICATIONS.] 5.26It shall be the duty ofThe board ofmedical practice with5.27the advice and assistance of the physical therapy council to5.28pass uponphysical therapy must: 5.29 (1) establish the qualifications of applicants for 5.30registration,licensing and continuing education requirements 5.31 forreregistration,relicensing; 5.32 (2) provide for and conduct all examinations following 5.33 satisfactory completion of all didactic requirements,; 5.34 (3) determine the applicants who successfully pass the 5.35 examination,; and 5.36 (4) dulyregister such applicantslicense an applicant 6.1 after the applicant has presented evidence satisfactory to the 6.2 board that the applicant has completedaan accredited physical 6.3 therapy educational program of education or continuing education 6.4 approved by the board. 6.5 The passing score for examinations taken after July 1, 6.6 1995, shall be based on objective, numerical standards, as 6.7 established by a nationally recognized board approved testing 6.8 service. 6.9 Sec. 6. Minnesota Statutes 1998, section 148.705, is 6.10 amended to read: 6.11 148.705 [APPLICATION.] 6.12 An applicant forregistrationlicensing as a physical 6.13 therapist shall file a written application on forms provided by 6.14 the board together with a fee in the amount set by the board, no6.15portion of which shall be returned. No portion of the fee is 6.16 refundable. 6.17 An approved program for physical therapists shall include 6.18 the following: 6.19(a)(1) a minimum of 60 academic semester credits or its 6.20 equivalent from an accredited college, including courses in the 6.21 biological and physical sciences; and 6.22(b)(2) an accredited course in physical therapy education 6.23 which has provided adequate instruction in the basic sciences, 6.24 clinical sciences, and physical therapy theory and procedures, 6.25 as determined by the board. In determining whether or not a 6.26 course in physical therapy is approved, the board may take into 6.27 consideration the accreditation of such schools by the 6.28 appropriate council of the American Medical Association, the 6.29 American Physical Therapy Association, or the Canadian Medical 6.30 Association. 6.31 Sec. 7. Minnesota Statutes 1998, section 148.71, is 6.32 amended to read: 6.33 148.71 [REGISTRATIONLICENSING.] 6.34 Subdivision 1. [QUALIFIED APPLICANT.] The state board 6.35 ofmedical practicephysical therapy shallregisterlicense as a 6.36 physical therapist and shall furnish acertificate of7.1registrationlicense toeachan applicant who successfully 7.2 passes an examination provided for in sections 148.65 to 148.78 7.3 forregistrationlicensing as a physical therapist and who is 7.4 otherwise qualified as requiredhereinin sections 148.65 to 7.5 148.78. 7.6 Subd. 2. [TEMPORARY PERMIT.] (a) The board may, upon 7.7 payment of a fee set by the board, issue a temporary permit to 7.8 practice physical therapy under supervision to a physical 7.9 therapist who is a graduate of an approved school of physical 7.10 therapy and qualified for admission to examination for 7.11registrationlicensing as a physical therapist. A temporary 7.12 permit to practice physical therapy under supervision may be 7.13 issued only once and cannot be renewed. It expires 90 days 7.14 after the next examination forregistrationlicensing given by 7.15 the board or on the date on which the board, after examination 7.16 of the applicant, grants or denies the applicant aregistration7.17 license to practice, whichever occurs first. A temporary permit 7.18 expires on the first day the board begins its next examination 7.19 forregistrationlicense after the permit is issued if the 7.20 holder does not submit to examination on that date. The holder 7.21 of a temporary permit to practice physical therapy under 7.22 supervision may practice physical therapy as defined in section 7.23 148.65 if the entire practice is under the supervision of a 7.24 person holding a validregistrationlicense to practice physical 7.25 therapy in this state. The supervision shall be direct, 7.26 immediate, and on premises. 7.27 (b) A physical therapist from another state who is licensed 7.28 or otherwise registered in good standing as a physical therapist 7.29 by that state and meets the requirements forregistration7.30 licensing under section 148.72 does not require supervision to 7.31 practice physical therapy while holding a temporary permit in 7.32 this state. The temporary permit remains valid only until the 7.33 meeting of the board at which the application forregistration7.34 licensing is considered. 7.35 Subd. 3. [FOREIGN-TRAINED PHYSICAL THERAPISTS; TEMPORARY 7.36 PERMITS.] (a) The board of medical practice may issue a 8.1 temporary permit to a foreign-trained physical therapist who: 8.2 (1) is enrolled in a supervised physical therapy 8.3 traineeship that meets the requirements under paragraph (b); 8.4 (2) has completed a physical therapy education program 8.5 equivalent to that under section 148.705 and Minnesota Rules, 8.6 part 5601.0800, subpart 2; 8.7 (3) has achieved a score of at least 550 on the test of 8.8 English as a foreign language or a score of at least 85 on the 8.9 Minnesota battery test; and 8.10 (4) has paid a nonrefundable fee set by the board. 8.11 A foreign-trained physical therapist must have the 8.12 temporary permit before beginning a traineeship. 8.13 (b) A supervised physical therapy traineeship must: 8.14 (1) be at least six months; 8.15 (2) be at a board-approved facility; 8.16 (3) provide a broad base of clinical experience to the 8.17 foreign-trained physical therapist including a variety of 8.18 physical agents, therapeutic exercises, evaluation procedures, 8.19 and patient diagnoses; 8.20 (4) be supervised by a physical therapist who has at least 8.21 three years of clinical experience and isregisteredlicensed 8.22 under subdivision 1; and 8.23 (5) be approved by the board before the foreign-trained 8.24 physical therapist begins the traineeship. 8.25 (c) A temporary permit is effective on the first day of a 8.26 traineeship and expires 90 days after the next examination for 8.27registrationlicensing given by the board following successful 8.28 completion of the traineeship or on the date on which the board, 8.29 after examination of the applicant, grants or denies the 8.30 applicant aregistrationlicense to practice, whichever occurs 8.31 first. 8.32 (d) A foreign-trained physical therapist must successfully 8.33 complete a traineeship to beregisteredlicensed as a physical 8.34 therapist under subdivision 1. The traineeship may be waived 8.35 for a foreign-trained physical therapist who is licensed or 8.36 otherwise registered in good standing in another state and has 9.1 successfully practiced physical therapy in that state under the 9.2 supervision of a licensed or registered physical therapist for 9.3 at least six months at a facility that meets the requirements 9.4 under paragraph (b), clauses (2) and (3). 9.5 (e) A temporary permit will not be issued to a 9.6 foreign-trained applicant who has been issued a temporary permit 9.7 for longer than six months in any other state. 9.8 Sec. 8. Minnesota Statutes 1998, section 148.72, 9.9 subdivision 1, is amended to read: 9.10 Subdivision 1. [ISSUANCE OFREGISTRATIONLICENSE WITHOUT 9.11 EXAMINATION.] On payment to the board of a fee in the amount set 9.12 by the board and on submission of a written application on forms 9.13 provided by the board, the board shall issueregistrationa 9.14 license without examination to a person who is licensed or 9.15 otherwise registered as a physical therapist by another state of 9.16 the United States of America, its possessions, or the District 9.17 of Columbia, if the board determines that the requirements for 9.18licensurelicensing or registration in the state, possession, or 9.19 District are equal to, or greater than, the requirementsset9.20forthin sections 148.65 to 148.78. 9.21 Sec. 9. Minnesota Statutes 1998, section 148.72, 9.22 subdivision 2, is amended to read: 9.23 Subd. 2. [CERTIFICATE OF REGISTRATIONLICENSE.] The board 9.24 may issue acertificate of registration to a physical therapist9.25 license without examination to an applicant who presents 9.26 evidence satisfactory to the board of having passed an 9.27 examination recognized by the board, if the board determines the 9.28 standards of the other state or foreign country aredetermined9.29by the board to be as high asequal to those of this state.At9.30the time of making anUpon application, the applicant shall pay 9.31 to the board a fee in the amount set by the board,. No portion 9.32 ofwhich shall be returnedthe fee is refundable. 9.33 Sec. 10. Minnesota Statutes 1998, section 148.72, 9.34 subdivision 4, is amended to read: 9.35 Subd. 4. [ISSUANCE OFREGISTRATIONLICENSE AFTER 9.36 EXAMINATION.] The board shall issue acertificate of10.1registrationlicense toeachan applicant who passes the 10.2 examinationin accordance withaccording to standards 10.3 established by the board and who is not disqualified to 10.4 receiveregistrationa license underthe provisions ofsection 10.5 148.75. 10.6 Sec. 11. Minnesota Statutes 1998, section 148.73, is 10.7 amended to read: 10.8 148.73 [RENEWALS.] 10.9 Everyregisteredlicensed physical therapist shall, during 10.10 each January, apply to the board for an extension 10.11 ofregistrationa license and pay a fee in the amount set by the 10.12 board. The extension ofregistrationthe license is contingent 10.13 upon demonstration that the continuing education requirements 10.14 set by the board under section 148.70 have been satisfied. 10.15 Sec. 12. Minnesota Statutes 1998, section 148.74, is 10.16 amended to read: 10.17 148.74 [RULES.] 10.18 The boardis authorized tomay adopt rulesas may be10.19necessaryneeded to carry outthe purposes ofsections 148.65 to 10.20 148.78. Thesecretarysecretary-treasurer of the board shall 10.21 keep a record of proceedings under these sections and a register 10.22 of all personsregisteredlicensed under it. The register shall 10.23 show the name, address, date and number ofregistrationthe 10.24 license, and the renewalthereofof the license. Any other 10.25 interested person in the state may obtain a copy ofsuchthe 10.26 list on request to the board uponpayment ofpaying an amountas10.27may befixed by the board, which. The amount shall not exceed 10.28 the cost of the listsofurnished. The board shall provide 10.29 blanks, books, certificates, and stationery and assistanceas is10.30 necessaryfor the transaction of theto transact business of the 10.31 boardand the physical therapy council hereunder, and. All 10.32 money received by the board under sections 148.65 to 148.78 10.33 shall be paid into the state treasury as provided for by law. 10.34 The board shall set by rule the amounts of the application fee 10.35 and the annualregistrationlicensing fee. The fees collected 10.36 by the board must be sufficient to cover the costs of 11.1 administering sections 148.65 to 148.78. 11.2 Sec. 13. [148.745] [MALPRACTICE HISTORY.] 11.3 Subdivision 1. [SUBMISSION.] A person desiring to practice 11.4 physical therapy in this state who has previously practiced in 11.5 another state shall submit the following additional information 11.6 with the license application for the five-year period of active 11.7 practice preceding the date of filing such application: 11.8 (a) The name and address of the person's professional 11.9 liability insurer in the other state. 11.10 (b) The number, date, and disposition of any malpractice 11.11 settlement or award made to the plaintiff relating to the 11.12 quality of services provided. 11.13 Subd. 2. [BOARD ACTION.] The board shall give due 11.14 consideration to the information submitted pursuant to section 11.15 148.72 and this section. An applicant who willfully submits 11.16 incorrect information shall be subject to disciplinary action 11.17 pursuant to section 148.75. 11.18 Sec. 14. Minnesota Statutes 1998, section 148.75, is 11.19 amended to read: 11.20 148.75 [CERTIFICATESLICENSES; DENIAL, SUSPENSION, 11.21 REVOCATION.] 11.22 (a) The state board ofmedical practicephysical therapy 11.23 may refuse to grantregistrationa license to any physical 11.24 therapist, or may suspend or revoke theregistrationlicense of 11.25 any physical therapist for any of the following grounds: 11.26(a)(1) using drugs or intoxicating liquors to an extent 11.27 which affects professional competence; 11.28(b) been convicted(2) conviction of a felony; 11.29(c)(3) conviction for violating any state or federal 11.30 narcotic law; 11.31(d) procuring, aiding or abetting a criminal abortion;11.32(e) registration(4) obtaining a license orattempted11.33registrationattempting to obtain a license by fraud or 11.34 deception; 11.35(f)(5) conduct unbecoming a personregisteredlicensed as 11.36 a physical therapist or conduct detrimental to the best 12.1 interests of the public; 12.2(g)(6) gross negligence in the practice of physical 12.3 therapy as a physical therapist; 12.4(h)(7) treating human ailments by physical therapy after 12.5 an initial 30-day period of patient admittance to treatment has 12.6 lapsed, except by the order or referral of a person licensed in 12.7 this statetoin the practice of medicine as defined in section 12.8 147.081, the practice of chiropractic as defined in section 12.9 148.01, the practice of podiatry as defined in section 153.01, 12.10 or the practice of dentistry as defined in section 150A.05 and 12.11 whose license is in good standing; or when a previous diagnosis 12.12 exists indicating an ongoing condition warranting physical 12.13 therapy treatment, subject to periodic review defined by board 12.14 ofmedical practicephysical therapy rule; 12.15(i)(8) treating human ailments, without referral, by 12.16 physical therapy treatment without first having practiced one 12.17 year under a physician's orders as verified by the board's 12.18 records; 12.19(j) failure(9) failing to consult with the patient's 12.20 health care provider who prescribed the physical therapy 12.21 treatment if the treatment is altered by the physical therapist 12.22 from the original written order. The provision does not include 12.23 written ordersspecifying ordersto "evaluate and treat"; 12.24(k)(10) treating human ailments other than by physical 12.25 therapy unless duly licensed or registered to do so under the 12.26 laws of this state; 12.27(l)(11) inappropriate delegation to a physical therapist 12.28 assistant or inappropriate task assignment to an aide or 12.29 inadequate supervision of either level of supportive personnel; 12.30(m) treating human ailments other than by performing12.31physical therapy procedures unless duly licensed or registered12.32to do so under the laws of this state;12.33(n)(12) practicing as a physical therapist performing 12.34 medical diagnosis, the practice of medicine as defined in 12.35 section 147.081, or the practice of chiropractic as defined in 12.36 section 148.01; 13.1(o) failure(13) failing to comply with a reasonable 13.2 request to obtain appropriate clearance for mental or physical 13.3 conditionswhichthat would interfere with the ability to 13.4 practice physical therapy, andwhichthat may be potentially 13.5 harmful to patients; 13.6(p)(14) dividing fees with, or paying or promising to pay 13.7 a commission or part of the fee to, any person who contacts the 13.8 physical therapist for consultation or sends patients to the 13.9 physical therapist for treatment; 13.10(q)(15) engaging in an incentive payment arrangement, 13.11 other than that prohibited by clause(p)(14), that tends to 13.12 promote physical therapyoverutilizationoveruse,wherebythat 13.13 allows the referring person or person who controls the 13.14 availability of physical therapy services to a clientprofitsto 13.15 profit unreasonably as a result of patient treatment; 13.16(r)(16) practicing physical therapy and failing to refer 13.17 to a licensed health care professionalanya patient whose 13.18 medical condition at the time of evaluation has been determined 13.19 by the physical therapist to be beyond the scope of practice of 13.20 a physical therapist; and 13.21(s) failure(17) failing to report to the board other 13.22registeredlicensed physical therapists who violate this section. 13.23 (b) Acertificate of registrationlicense to practice as a 13.24 physical therapist is suspended if (1) a guardian of the person 13.25 of the physical therapist is appointed by order of a court 13.26 pursuant to sections 525.54 to 525.61, for reasons other than 13.27 the minority of the physical therapist; or (2) the physical 13.28 therapist is committed by order of a court pursuant to chapter 13.29 253B. Thecertificate of registrationlicense remains suspended 13.30 until the physical therapist is restored to capacity by a court 13.31 and, upon petition by the physical therapist, the suspension is 13.32 terminated by the board ofmedical practicephysical therapy 13.33 after a hearing. 13.34 Sec. 15. Minnesota Statutes 1998, section 148.76, is 13.35 amended to read: 13.36 148.76 [PROHIBITED CONDUCT.] 14.1 Subdivision 1. No person shall: 14.2 (1) provide physical therapy unless the person is licensed 14.3 as a physical therapist under sections 148.65 to 148.78; 14.4(a)(2) use the title of physical therapist without a 14.5certificate of registrationlicense as a physical therapist 14.6 issuedpursuant to the provisions ofunder sections 148.65 to 14.7 148.78; 14.8(b)(3) in any manner hold out as a physical therapist, or 14.9 use in connection with the person's name the words or letters 14.10 Physical Therapist, Physiotherapist, Physical Therapy 14.11 Technician, Registered Physical Therapist, Licensed Physical 14.12 Therapist, P.T., P.T.T., R.P.T., L.P.T., or any letters, words, 14.13 abbreviations or insignia indicating or implying that the person 14.14 is a physical therapist, without acertificate of registration14.15 license as a physical therapist issuedpursuant to the14.16provisions ofunder sections 148.65 to 148.78. To do so is a 14.17 gross misdemeanor; 14.18(c)(4) employ fraud or deception in applying for or 14.19 securing acertificate of registrationlicense as a physical 14.20 therapist. 14.21 Nothingcontainedin sections 148.65 to 148.78shall14.22prohibit anyprohibits a person licensed or registered in this 14.23 state under another law from carrying out the therapy or 14.24 practice for which the person is duly licensed or registered. 14.25 Subd. 2. No physical therapist may: 14.26(a)(1) treat human ailments by physical therapy after an 14.27 initial 30-day period of patient admittance to treatment has 14.28 lapsed, except by the order or referral of a person licensed in 14.29 this state to practice medicine as defined in section 147.081, 14.30 the practice of chiropractic as defined in section 148.01, the 14.31 practice of podiatry as defined in section 153.01, the practice 14.32 of dentistry as defined in section 150A.05, or the practice of 14.33 advanced practice nursing as defined in section 62A.15, 14.34 subdivision 3a, when orders or referrals are made in 14.35 collaboration with a physician, chiropractor, podiatrist, or 14.36 dentist, and whose license is in good standing; or when a 15.1 previous diagnosis exists indicating an ongoing condition 15.2 warranting physical therapy treatment, subject to periodic 15.3 review defined by board ofmedical practicephysical therapy 15.4 rule; 15.5(b)(2) treat human ailments by physical therapy treatment 15.6 without first having practiced one year under a physician's 15.7 orders as verified by the board's records; 15.8(c) utilize(3) use any chiropractic manipulative technique 15.9 whose end is the chiropractic adjustment of an abnormal 15.10 articulation of the body; and 15.11(d)(4) treat human ailments other than by physical therapy 15.12 unless duly licensed or registered to do so under the laws of 15.13 this state. 15.14 Sec. 16. Minnesota Statutes 1998, section 148.78, is 15.15 amended to read: 15.16 148.78 [PROSECUTION, ALLEGATIONS.] 15.17 In the prosecution of any person for violation of sections 15.18 148.65 to 148.78 as specified in section 148.76, it shall not be 15.19 necessary to allege or prove want of a validcertificate of15.20registrationlicense as a physical therapist, but shall be a 15.21 matter of defense to be established by the accused. 15.22 Sec. 17. Minnesota Statutes 1998, section 214.01, 15.23 subdivision 2, is amended to read: 15.24 Subd. 2. [HEALTH-RELATED LICENSING BOARD.] "Health-related 15.25 licensing board" means the board of examiners of nursing home 15.26 administrators established pursuant to section 144A.19, the 15.27 board of medical practice created pursuant to section 147.01, 15.28 the board of nursing created pursuant to section 148.181, the 15.29 board of chiropractic examiners established pursuant to section 15.30 148.02, the board of optometry established pursuant to section 15.31 148.52, the board of physical therapy established pursuant to 15.32 section 148.67, the board of psychology established pursuant to 15.33 section 148.90, the board of social work pursuant to section 15.34 148B.19, the board of marriage and family therapy pursuant to 15.35 section 148B.30, the office of mental health practice 15.36 established pursuant to section 148B.61, the alcohol and drug 16.1 counselors licensing advisory council established pursuant to 16.2 section 148C.02, the board of dietetics and nutrition practice 16.3 established under section 148.622, the board of dentistry 16.4 established pursuant to section 150A.02, the board of pharmacy 16.5 established pursuant to section 151.02, the board of podiatric 16.6 medicine established pursuant to section 153.02, and the board 16.7 of veterinary medicine, established pursuant to section 156.01. 16.8 Sec. 18. [INITIAL APPOINTMENTS TO BOARD.] 16.9 Notwithstanding Minnesota Statutes, section 148.67, the 16.10 first physical therapist members appointed to the board may be 16.11 registered physical therapists.