SF 763

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to traffic regulations; authorizing nurse 
  1.3             practitioners to certify disability for disability 
  1.4             parking purposes; amending Minnesota Statutes 2002, 
  1.5             sections 168.021, subdivisions 1, 5; 169.345, 
  1.6             subdivisions 2, 2a. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 2002, section 168.021, 
  1.9   subdivision 1, is amended to read: 
  1.10     Subdivision 1.  [SPECIAL PLATES; APPLICATION.] (a) When a 
  1.11  motor vehicle registered under section 168.017, a motorcycle, a 
  1.12  truck having a manufacturer's nominal rated capacity of one ton 
  1.13  and resembling a pickup truck, or a self-propelled recreational 
  1.14  vehicle is owned or primarily operated by a permanently 
  1.15  physically disabled person or a custodial parent or guardian of 
  1.16  a permanently physically disabled minor, the owner may apply for 
  1.17  and secure from the registrar of motor vehicles (1) immediately, 
  1.18  a temporary permit valid for 30 days, if the applicant is 
  1.19  eligible for the special plates issued under this paragraph, and 
  1.20  (2) two license plates with attached emblems, one plate to be 
  1.21  attached to the front, and one to the rear of the vehicle.  When 
  1.22  the owner first applies for the plates, the owner must submit a 
  1.23  physician's or nurse practitioner's statement on a form 
  1.24  developed by the commissioner under section 169.345, or proof of 
  1.25  physical disability provided for in that section, except that no 
  1.26  physician's statement or proof of disability is required when an 
  2.1   owner applies for plates for one or more commercial motor 
  2.2   vehicles that are specially modified for and used exclusively by 
  2.3   permanently physically disabled persons. 
  2.4      (b) The owner of a motor vehicle may apply for and secure 
  2.5   (i) immediately, a temporary permit valid for 30 days, if the 
  2.6   person is eligible to receive the special plates issued under 
  2.7   this paragraph, and (ii) a set of special plates for a motor 
  2.8   vehicle if: 
  2.9      (1) the owner employs a permanently physically disabled 
  2.10  person who would qualify for special plates under this section; 
  2.11  and 
  2.12     (2) the owner furnishes the motor vehicle to the physically 
  2.13  disabled person for the exclusive use of that person in the 
  2.14  course of employment. 
  2.15     Sec. 2.  Minnesota Statutes 2002, section 168.021, 
  2.16  subdivision 5, is amended to read: 
  2.17     Subd. 5.  [DEFINITIONS.] For the purposes of this section, 
  2.18  the term terms "nurse practitioner" and "physically disabled 
  2.19  person" has have the meaning meanings given it them in 
  2.20  section 169.345, subdivision 2. 
  2.21     Sec. 3.  Minnesota Statutes 2002, section 169.345, 
  2.22  subdivision 2, is amended to read: 
  2.23     Subd. 2.  [DEFINITIONS.] For the purpose of this section,: 
  2.24     (a) "Nurse practitioner" means a person certified for nurse 
  2.25  practitioner practice subject to sections 148.171 to 148.285, 
  2.26  the Minnesota Nurse Practice Act. 
  2.27     (b) "Physically disabled person" means a person who: 
  2.28     (1) because of disability cannot walk without significant 
  2.29  risk of falling; 
  2.30     (2) because of disability cannot walk 200 feet without 
  2.31  stopping to rest; 
  2.32     (3) because of disability cannot walk without the aid of 
  2.33  another person, a walker, a cane, crutches, braces, a prosthetic 
  2.34  device, or a wheelchair; 
  2.35     (4) is restricted by a respiratory disease to such an 
  2.36  extent that the person's forced (respiratory) expiratory volume 
  3.1   for one second, when measured by spirometry, is less than one 
  3.2   liter; 
  3.3      (5) has an arterial oxygen tension (PAO2) of less than 60 
  3.4   mm/Hg on room air at rest; 
  3.5      (6) uses portable oxygen; 
  3.6      (7) has a cardiac condition to the extent that the person's 
  3.7   functional limitations are classified in severity as class III 
  3.8   or class IV according to standards set by the American Heart 
  3.9   Association; 
  3.10     (8) has lost an arm or a leg and does not have or cannot 
  3.11  use an artificial limb; or 
  3.12     (9) has a disability that would be aggravated by walking 
  3.13  200 feet under normal environmental conditions to an extent that 
  3.14  would be life threatening. 
  3.15     Sec. 4.  Minnesota Statutes 2002, section 169.345, 
  3.16  subdivision 2a, is amended to read: 
  3.17     Subd. 2a.  [PHYSICIAN'S, NURSE PRACTITIONER'S, OR 
  3.18  CHIROPRACTOR'S STATEMENT.] (a) The commissioner shall develop a 
  3.19  form for the physician's, nurse practitioner's, or 
  3.20  chiropractor's statement.  The statement must be signed by a 
  3.21  licensed physician, nurse practitioner, or chiropractor who 
  3.22  certifies that the applicant is a physically disabled person as 
  3.23  defined in subdivision 2.  The commissioner may request 
  3.24  additional information from the physician, nurse practitioner, 
  3.25  or chiropractor if needed to verify the applicant's 
  3.26  eligibility.  The statement that the applicant is a physically 
  3.27  disabled person must specify whether the disability is permanent 
  3.28  or temporary, and if temporary, the opinion of the physician, 
  3.29  nurse practitioner, or chiropractor as to the duration of the 
  3.30  disability.  A physician, nurse practitioner, or chiropractor 
  3.31  who fraudulently certifies to the commissioner that a person is 
  3.32  a physically disabled person as defined in subdivision 2, and 
  3.33  that the person is entitled to the license plates authorized by 
  3.34  section 168.021 or to the certificate authorized by this 
  3.35  section, is guilty of a misdemeanor and is subject to a fine of 
  3.36  $500. 
  4.1      (b) The commissioner may waive the requirement of providing 
  4.2   a statement of a licensed physician, nurse practitioner, or 
  4.3   chiropractor, if the applicant has previously filed with the 
  4.4   commissioner a statement of a licensed physician, nurse 
  4.5   practitioner, or chiropractor certifying that the applicant has 
  4.6   a permanent physical disability.