SF 1368

3rd Engrossment - 89th Legislature (2015 - 2016) Posted on 04/01/2016 09:10am

A bill for an act
relating to health; regulating the practice of orthotics, prosthetics, and pedorthics;
requiring licensure; establishing fees; proposing coding for new law as Minnesota
Statutes, chapter 153B.

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

Section 1.

new text begin [153B.10] SHORT TITLE.
new text end

new text begin Chapter 153B may be cited as the "Minnesota Orthotist, Prosthetist, and Pedorthist
Practice Act."
new text end

Sec. 2.

new text begin [153B.15] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Application. new text end

new text begin For purposes of this act, the following words have
the meanings given.
new text end

new text begin Subd. 2. new text end

new text begin Advisory council. new text end

new text begin "Advisory council" means the Orthotics, Prosthetics,
and Pedorthics Advisory Council established under section 153B.25.
new text end

new text begin Subd. 3. new text end

new text begin Board. new text end

new text begin "Board" means the Board of Podiatric Medicine.
new text end

new text begin Subd. 4. new text end

new text begin Custom-fabricated device. new text end

new text begin "Custom-fabricated device" means an orthosis,
prosthesis, or pedorthic device for use by a patient that is fabricated to comprehensive
measurements or a mold or patient model in accordance with a prescription and which
requires on-site or in-person clinical and technical judgment in its design, fabrication,
and fitting.
new text end

new text begin Subd. 5. new text end

new text begin Licensed orthotic-prosthetic assistant. new text end

new text begin "Licensed orthotic-prosthetic
assistant" or "assistant" means a person, licensed by the board, who is educated and
trained to participate in comprehensive orthotic and prosthetic care while under the
supervision of a licensed orthotist or licensed prosthetist. Assistants may perform orthotic
and prosthetic procedures and related tasks in the management of patient care. The
assistant may fabricate, repair, and maintain orthoses and prostheses. The use of the title
"orthotic-prosthetic assistant" or representations to the public is limited to a person who is
licensed under this chapter as an orthotic-prosthetic assistant.
new text end

new text begin Subd. 6. new text end

new text begin Licensed orthotic fitter. new text end

new text begin "Licensed orthotic fitter" or "fitter" means a
person licensed by the board who is educated and trained in providing certain orthoses,
and is trained to conduct patient assessments, formulate treatment plans, implement
treatment plans, perform follow-up, and practice management pursuant to a prescription.
An orthotic fitter must be competent to fit certain custom-fitted, prefabricated, and
off-the-shelf orthoses as follows:
new text end

new text begin (1) cervical orthoses, except those used to treat an unstable cervical condition;
new text end

new text begin (2) prefabricated orthoses for the upper and lower extremities, except those used in:
new text end

new text begin (i) the initial or acute treatment of long bone fractures and dislocations;
new text end

new text begin (ii) therapeutic shoes and inserts needed as a result of diabetes; and
new text end

new text begin (iii) functional electrical stimulation orthoses;
new text end

new text begin (3) prefabricated spinal orthoses, except those used in the treatment of scoliosis or
unstable spinal conditions, including halo cervical orthoses; and
new text end

new text begin (4) trusses.
new text end

new text begin The use of the title "orthotic fitter" or representations to the public is limited to a person
who is licensed under this chapter as an orthotic fitter.
new text end

new text begin Subd. 7. new text end

new text begin Licensed orthotist. new text end

new text begin "Licensed orthotist" means a person licensed by
the board who is educated and trained to practice orthotics, which includes managing
comprehensive orthotic patient care pursuant to a prescription. The use of the title
"orthotist" or representations to the public is limited to a person who is licensed under
this chapter as an orthotist.
new text end

new text begin Subd. 8. new text end

new text begin Licensed pedorthist. new text end

new text begin "Licensed pedorthist" means a person licensed by
the board who is educated and trained to manage comprehensive pedorthic patient care
and who performs patient assessments, formulates and implements treatment plans, and
performs follow-up and practice management pursuant to a prescription. A pedorthist may
fit, fabricate, adjust, or modify devices within the scope of the pedorthist's education and
training. Use of the title "pedorthist" or representations to the public is limited to a person
who is licensed under this chapter as a pedorthist.
new text end

new text begin Subd. 9. new text end

new text begin Licensed prosthetist. new text end

new text begin "Licensed prosthetist" means a person licensed by
the board who is educated and trained to manage comprehensive prosthetic patient care,
and who performs patient assessments, formulates and implements treatment plans, and
performs follow-up and practice management pursuant to a prescription. Use of the title
"prosthetist" or representations to the public is limited to a person who is licensed under
this chapter as a prosthetist.
new text end

new text begin Subd. 10. new text end

new text begin Licensed prosthetist orthotist. new text end

new text begin "Licensed prosthetist orthotist" means a
person licensed by the board who is educated and trained to manage comprehensive
prosthetic and orthotic patient care, and who performs patient assessments, formulates and
implements treatment plans, and performs follow-up and practice management pursuant to
a prescription. Use of the title "prosthetist orthotist" or representations to the public is
limited to a person who is licensed under this chapter as a prosthetist orthotist.
new text end

new text begin Subd. 11. new text end

new text begin NCOPE. new text end

new text begin "NCOPE" means National Commission on Orthotic and
Prosthetic Education, an accreditation program that ensures educational institutions and
residency programs meet the minimum standards of quality to prepare individuals to enter
the orthotic, prosthetic, and pedorthic professions.
new text end

new text begin Subd. 12. new text end

new text begin Orthosis. new text end

new text begin "Orthosis" means an external device that is custom-fabricated
or custom-fitted to a specific patient based on the patient's unique physical condition and
is applied to a part of the body to help correct a deformity, provide support and protection,
restrict motion, improve function, or relieve symptoms of a disease, syndrome, injury, or
postoperative condition.
new text end

new text begin Subd. 13. new text end

new text begin Orthotics. new text end

new text begin "Orthotics" means the science and practice of evaluating,
measuring, designing, fabricating, assembling, fitting, adjusting, or servicing an orthosis
pursuant to a prescription. The practice of orthotics includes providing the initial training
necessary for fitting an orthotic device for the support, correction, or alleviation of
neuromuscular or musculoskeletal dysfunction, disease, injury, or deformity.
new text end

new text begin Subd. 14. new text end

new text begin Over-the-counter. new text end

new text begin "Over-the-counter" means a prefabricated,
mass-produced item that is prepackaged, requires no professional advice or judgment in
size selection or use, and is currently available at retail stores without a prescription.
Over-the-counter items are not regulated by this act.
new text end

new text begin Subd. 15. new text end

new text begin Off-the-shelf. new text end

new text begin "Off-the-shelf" means a prefabricated device sized or
modified for the patient's use pursuant to a prescription and which requires changes to be
made by a qualified practitioner to achieve an individual fit, such as requiring the item
to be trimmed, bent, or molded with or without heat, or requiring any other alterations
beyond self adjustment.
new text end

new text begin Subd. 16. new text end

new text begin Pedorthic device. new text end

new text begin "Pedorthic device" means below-the-ankle partial
foot prostheses for transmetatarsal and more distal amputations, foot orthoses, and
subtalar-control foot orthoses to control the range of motion of the subtalar joint.
A prescription is required for any pedorthic device, modification, or prefabricated
below-the-knee orthosis addressing a medical condition that originates at the ankle or
below. Pedorthic devices do not include nontherapeutic inlays or footwear regardless
of method of manufacture; unmodified, nontherapeutic over-the-counter shoes; or
prefabricated foot care products.
new text end

new text begin Subd. 17. new text end

new text begin Pedorthics. new text end

new text begin "Pedorthics" means the science and practice of evaluating,
measuring, designing, fabricating, assembling, fitting, adjusting, or servicing a pedorthic
device pursuant to a prescription for the correction or alleviation of neuromuscular or
musculoskeletal dysfunction, disease, injury, or deformity. The practice of pedorthics
includes providing patient care and services pursuant to a prescription to prevent or
ameliorate painful or disabling conditions of the foot and ankle.
new text end

new text begin Subd. 18. new text end

new text begin Prescription. new text end

new text begin "Prescription" means an order deemed medically necessary
by a physician, podiatric physician, osteopathic physician, or a licensed health care
provider who has authority in this state to prescribe orthotic and prosthetic devices,
supplies, and services.
new text end

new text begin Subd. 19. new text end

new text begin Prosthesis. new text end

new text begin "Prosthesis" means a custom-designed, fabricated, fitted, or
modified device to treat partial or total limb loss for purposes of restoring physiological
function or cosmesis. Prosthesis does not include artificial eyes, ears, fingers, or toes;
dental appliances; external breast prosthesis; or cosmetic devices that do not have a
significant impact on the musculoskeletal functions of the body.
new text end

new text begin Subd. 20. new text end

new text begin Prosthetics. new text end

new text begin "Prosthetics" means the science and practice of evaluating,
measuring, designing, fabricating, assembling, fitting, adjusting, or servicing a prosthesis
pursuant to a prescription. It includes providing the initial training necessary to fit a
prosthesis in order to replace external parts of a human body lost due to amputation,
congenital deformities, or absence.
new text end

new text begin Subd. 21. new text end

new text begin Resident. new text end

new text begin "Resident" means a person who has completed a
NCOPE-approved education program in orthotics or prosthetics and is receiving clinical
training in a residency accredited by NCOPE.
new text end

new text begin Subd. 22. new text end

new text begin Residency. new text end

new text begin "Residency" means a minimum of an NCOPE-approved
program to acquire practical clinical training in orthotics and prosthetics in a patient
care setting.
new text end

new text begin Subd. 23. new text end

new text begin Supervisor. new text end

new text begin "Supervisor" means the licensed orthotist, prosthetist, or
pedorthist who oversees and is responsible for the delivery of appropriate, effective,
ethical, and safe orthotic, prosthetic, or pedorthic patient care.
new text end

Sec. 3.

new text begin [153B.20] EXCEPTIONS.
new text end

new text begin Nothing in this chapter shall prohibit:
new text end

new text begin (1) a physician, osteopathic physician, or podiatric physician licensed by the state of
Minnesota from providing services within the physician's scope of practice;
new text end

new text begin (2) a professional regulated in this state, including but not limited to physical
therapists and occupational therapists, from providing services within the professional's
scope of practice;
new text end

new text begin (3) the practice of orthotics, prosthetics, or pedorthics by a person who is employed
by the federal government or any bureau, division, or agency of the federal government
while in the discharge of the employee's official duties;
new text end

new text begin (4) the practice of orthotics, prosthetics, or pedorthics by:
new text end

new text begin (i) a student enrolled in an accredited or approved orthotics, prosthetics, or
pedorthics education program who is performing activities required by the program;
new text end

new text begin (ii) a resident enrolled in an NCOPE-accredited residency program; or
new text end

new text begin (iii) a person working in a qualified, supervised work experience or internship who
is obtaining the clinical experience necessary for licensure under this chapter; or
new text end

new text begin (5) an orthotist, prosthetist, prosthetist orthotist, pedorthist, assistant, or fitter who is
licensed in another state or territory of the United States or in another country that has
equivalent licensure requirements as approved by the board from providing services within
the professional's scope of practice subject to this paragraph, if the individual is qualified
and has applied for licensure under this chapter. The individual shall be allowed to practice
for no longer than six months following the filing of the application for licensure, unless
the individual withdraws the application for licensure or the board denies the license.
new text end

Sec. 4.

new text begin [153B.25] ORTHOTICS, PROSTHETICS, AND PEDORTHICS
ADVISORY COUNCIL.
new text end

new text begin Subdivision 1. new text end

new text begin Creation; membership. new text end

new text begin (a) There is established an Orthotics,
Prosthetics, and Pedorthics Advisory Council which shall consist of seven voting members
appointed by the board. Five members shall be licensed and practicing orthotists,
prosthetists, or pedorthists. Each profession shall be represented on the advisory council.
One member shall be a Minnesota-licensed doctor of podiatric medicine who is also a
member of the Board of Podiatric Medicine, and one member shall be a public member.
new text end

new text begin (b) The council shall be organized and administered under section 15.059.
new text end

new text begin Subd. 2. new text end

new text begin Duties. new text end

new text begin The advisory council shall:
new text end

new text begin (1) advise the board on enforcement of the provisions contained in this chapter;
new text end

new text begin (2) review reports of investigations or complaints relating to individuals and make
recommendations to the board as to whether a license should be denied or disciplinary
action taken against an individual;
new text end

new text begin (3) advise the board regarding standards for licensure of professionals under this
chapter; and
new text end

new text begin (4) perform other duties authorized for advisory councils by chapter 214, as directed
by the board.
new text end

new text begin Subd. 3. new text end

new text begin Chair. new text end

new text begin The council must elect a chair from among its members.
new text end

new text begin Subd. 4. new text end

new text begin Administrative provisions. new text end

new text begin The Board of Podiatric Medicine must
provide meeting space and administrative services for the council.
new text end

Sec. 5.

new text begin [153B.30] LICENSURE.
new text end

new text begin Subdivision 1. new text end

new text begin Application. new text end

new text begin An application for a license shall be submitted to the
board in the format required by the board and shall be accompanied by the required fee,
which is nonrefundable.
new text end

new text begin Subd. 2. new text end

new text begin Qualifications. new text end

new text begin (a) To be eligible for licensure as an orthotist, prosthetist,
or prosthetist orthotist, an applicant shall meet orthotist, prosthetist, or prosthetist orthotist
certification requirements of either the American Board for Certification in Orthotics,
Prosthetics, and Pedorthics or the Board of Certification/Accreditation requirements in
effect at the time of the individual's application for licensure and be in good standing
with the certifying board.
new text end

new text begin (b) To be eligible for licensure as a pedorthist, an applicant shall meet the pedorthist
certification requirements of either the American Board for Certification in Orthotics,
Prosthetics, and Pedorthics or the Board of Certification/Accreditation that are in effect
at the time of the individual's application for licensure and be in good standing with
the certifying board.
new text end

new text begin (c) To be eligible for licensure as an orthotic or prosthetic assistant, an applicant shall
meet the orthotic or prosthetic assistant certification requirements of the American Board
for Certification in Orthotics, Prosthetics, and Pedorthics that are in effect at the time of
the individual's application for licensure and be in good standing with the certifying board.
new text end

new text begin (d) To be eligible for licensure as an orthotic fitter, an applicant shall meet the
orthotic fitter certification requirements of either the American Board for Certification in
Orthotics, Prosthetics, and Pedorthics or the Board of Certification/Accreditation that are
in effect at the time of the individual's application for licensure and be in good standing
with the certifying board.
new text end

new text begin Subd. 3. new text end

new text begin License term. new text end

new text begin A license to practice is valid for a term of up to 24 months
beginning on January 1 or commencing after initially fulfilling the license requirements
and ending on December 31 of the following year.
new text end

Sec. 6.

new text begin [153B.35] EMPLOYMENT BY AN ACCREDITED FACILITY; SCOPE
OF PRACTICE.
new text end

new text begin A licensed orthotist, prosthetist, pedorthist, assistant, or orthotic fitter may provide
limited, supervised patient care services beyond their licensed scope of practice if all of
the following conditions are met:
new text end

new text begin (1) the licensee is employed by a patient care facility that is accredited by a national
accrediting organization in orthotics, prosthetics, and pedorthics;
new text end

new text begin (2) written objective criteria are documented by the accredited facility to describe
the knowledge and skills required by the licensee to demonstrate competency to provide
additional specific and limited patient care services that are outside the licensee's scope of
practice;
new text end

new text begin (3) the licensee provides patient care only at the direction of a supervisor who is
licensed as an orthotist, pedorthist, or prosthetist who is employed by the facility to provide
the specific patient care or services that are outside the licensee's scope of practice; and
new text end

new text begin (4) the supervised patient care occurs in compliance with facility accreditation
standards.
new text end

Sec. 7.

new text begin [153B.40] CONTINUING EDUCATION.
new text end

new text begin Subdivision 1. new text end

new text begin Requirement. new text end

new text begin Each licensee shall obtain the number of continuing
education hours required by the certifying board to maintain certification status pursuant
to the specific license category.
new text end

new text begin Subd. 2. new text end

new text begin Proof of attendance. new text end

new text begin A licensee must submit to the board proof of
attendance at approved continuing education programs during the license renewal period
in which it was attended in the form of a certificate, statement of continuing education
credits from the American Board for Certification in Orthotics, Prosthetics, and Pedorthics
or the Board of Certification/Accreditation, descriptive receipt, or affidavit. The board
may conduct random audits.
new text end

new text begin Subd. 3. new text end

new text begin Extension of continuing education requirements. new text end

new text begin For good cause, a
licensee may apply to the board for a six-month extension of the deadline for obtaining
the required number of continuing education credits. No more than two consecutive
extensions may be granted. For purposes of this subdivision, "good cause" includes
unforeseen hardships such as illness, family emergency, or military call-up.
new text end

Sec. 8.

new text begin [153B.45] LICENSE RENEWAL.
new text end

new text begin Subdivision 1. new text end

new text begin Submission of license renewal application. new text end

new text begin A licensee must submit
to the board a license renewal application on a form provided by the board together with
the license renewal fee. The completed form must be postmarked no later than January 1
in the year of renewal. The form must be signed by the licensee in the place provided for
the renewal applicant's signature, include evidence of participation in approved continuing
education programs, and any other information as the board may reasonably require.
new text end

new text begin Subd. 2. new text end

new text begin Renewal application postmarked after January 1. new text end

new text begin A renewal application
postmarked after January 1 in the renewal year shall be returned to the licensee for addition
of the late renewal fee. A license renewal application postmarked after January 1 in the
renewal year is not complete until the late renewal fee has been received by the board.
new text end

new text begin Subd. 3. new text end

new text begin Failure to submit renewal application. new text end

new text begin (a) At any time after January 1 of
the applicable renewal year, the board shall send notice to a licensee who has failed to
apply for license renewal. The notice shall be mailed to the licensee at the last address on
file with the board and shall include the following information:
new text end

new text begin (1) that the licensee has failed to submit application for license renewal;
new text end

new text begin (2) the amount of renewal and late fees;
new text end

new text begin (3) information about continuing education that must be submitted in order for
the license to be renewed;
new text end

new text begin (4) that the licensee must respond within 30 calendar days after the notice was sent
by the board; and
new text end

new text begin (5) that the licensee may voluntarily terminate the license by notifying the board
or may apply for license renewal by sending the board a completed renewal application,
license renewal and late fees, and evidence of compliance with continuing education
requirements.
new text end

new text begin (b) Failure by the licensee to notify the board of the licensee's intent to voluntarily
terminate the license or to submit a license renewal application shall result in expiration
of the license and termination of the right to practice. The expiration of the license and
termination of the right to practice shall not be considered disciplinary action against the
licensee.
new text end

new text begin (c) A license that has been expired under this subdivision may be reinstated.
new text end

Sec. 9.

new text begin [153B.50] NAME AND ADDRESS CHANGE.
new text end

new text begin (a) A licensee who has changed names must notify the board in writing within 90
days and request a revised license. The board may require official documentation of the
legal name change.
new text end

new text begin (b) A licensee must maintain with the board a correct mailing address to receive
board communications and notices. A licensee who has changed addresses must notify the
board in writing within 90 days. Mailing a notice by United States mail to a licensee's last
known mailing address constitutes valid mailing.
new text end

Sec. 10.

new text begin [153B.55] INACTIVE STATUS.
new text end

new text begin (a) A licensee who notifies the board in the format required by the board may elect
to place the licensee's credential on inactive status and shall be excused from payment
of renewal fees until the licensee notifies the board in the format required by the board
of the licensee's plan to return to practice.
new text end

new text begin (b) A person requesting restoration from inactive status shall be required to pay the
current renewal fee and comply with section 153B.45.
new text end

new text begin (c) A person whose license has been placed on inactive status shall not practice in
this state.
new text end

Sec. 11.

new text begin [153B.60] LICENSE LAPSE DUE TO MILITARY SERVICE.
new text end

new text begin A licensee whose license has expired while on active duty in the armed forces of the
United States, with the National Guard while called into service or training, or while in
training or education preliminary to induction into military service may have the licensee's
license renewed or restored without paying a late fee or license restoration fee if the licensee
provides verification to the board within two years of the termination of service obligation.
new text end

Sec. 12.

new text begin [153B.65] ENDORSEMENT.
new text end

new text begin The board may license, without examination and on payment of the required fee,
an applicant who is an orthotist, prosthetist, prosthetist orthotist, pedorthist, assistant, or
fitter who is certified by the American Board for Certification in Orthotics, Prosthetics,
and Pedorthics or a national certification organization with educational, experiential, and
testing standards equal to or higher than the licensing requirements in Minnesota.
new text end

Sec. 13.

new text begin [153B.70] GROUNDS FOR DISCIPLINARY ACTION.
new text end

new text begin (a) The board may refuse to issue or renew a license, revoke or suspend a license, or
place on probation or reprimand a licensee for one or any combination of the following:
new text end

new text begin (1) making a material misstatement in furnishing information to the board;
new text end

new text begin (2) violating or intentionally disregarding the requirements of this chapter;
new text end

new text begin (3) conviction of a crime, including a finding or verdict of guilt, an admission of
guilt, or a no-contest plea, in this state or elsewhere, reasonably related to the practice
of the profession. Conviction, as used in this clause, 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;
new text end

new text begin (4) making a misrepresentation in order to obtain or renew a license;
new text end

new text begin (5) displaying a pattern of practice or other behavior that demonstrates incapacity or
incompetence to practice;
new text end

new text begin (6) aiding or assisting another person in violating the provisions of this chapter;
new text end

new text begin (7) failing to provide information within 60 days in response to a written request from
the board, including documentation of completion of continuing education requirements;
new text end

new text begin (8) engaging in dishonorable, unethical, or unprofessional conduct;
new text end

new text begin (9) engaging in conduct of a character likely to deceive, defraud, or harm the public;
new text end

new text begin (10) inability to practice due to habitual intoxication, addiction to drugs, or mental
or physical illness;
new text end

new text begin (11) being disciplined by another state or territory of the United States, the federal
government, a national certification organization, or foreign nation, if at least one of the
grounds for the discipline is the same or substantially equivalent to one of the grounds
in this section;
new text end

new text begin (12) directly or indirectly giving to or receiving from a person, firm, corporation,
partnership, or association a fee, commission, rebate, or other form of compensation for
professional services not actually or personally rendered;
new text end

new text begin (13) incurring a finding by the board that the licensee, after the licensee has been
placed on probationary status, has violated the conditions of the probation;
new text end

new text begin (14) abandoning a patient or client;
new text end

new text begin (15) willfully making or filing false records or reports in the course of the licensee's
practice including, but not limited to, false records or reports filed with state or federal
agencies;
new text end

new text begin (16) willfully failing to report child maltreatment as required under the Maltreatment
of Minors Act, section 626.556; or
new text end

new text begin (17) soliciting professional services using false or misleading advertising.
new text end

new text begin (b) A license to practice is automatically suspended if (1) a guardian of a licensee is
appointed by order of a court pursuant to sections 524.5-101 to 524.5-502, for reasons
other than the minority of the licensee, or (2) the licensee is committed by order of a court
pursuant to chapter 253B. The license remains suspended until the licensee is restored to
capacity by a court and, upon petition by the licensee, the suspension is terminated by the
board after a hearing. The licensee may be reinstated to practice, either with or without
restrictions, by demonstrating clear and convincing evidence of rehabilitation. The
regulated person is not required to prove rehabilitation if the subsequent court decision
overturns previous court findings of public risk.
new text end

new text begin (c) If the board has probable cause to believe that a licensee or applicant has violated
paragraph (a), clause (10), it may direct the person to submit to a mental or physical
examination. For the purpose of this section, every person is deemed to have consented to
submit to a mental or physical examination when directed in writing by the board and to
have waived all objections to the admissibility of the examining physician's testimony or
examination report on the grounds that the testimony or report constitutes a privileged
communication. Failure of a regulated person to submit to an examination when directed
constitutes an admission of the allegations against the person, unless the failure was due to
circumstances beyond the person's control, in which case a default and final order may be
entered without the taking of testimony or presentation of evidence. A regulated person
affected under this paragraph shall at reasonable intervals be given an opportunity to
demonstrate that the person can resume the competent practice of the regulated profession
with reasonable skill and safety to the public. In any proceeding under this paragraph,
neither the record of proceedings nor the orders entered by the board shall be used against
a regulated person in any other proceeding.
new text end

new text begin (d) In addition to ordering a physical or mental examination, the board may,
notwithstanding section 13.384 or 144.293, or any other law limiting access to medical or
other health data, obtain medical data and health records relating to a licensee or applicant
without the person's or applicant's consent if the board has probable cause to believe that a
licensee is subject to paragraph (a), clause (10). The medical data may be requested
from a provider as defined in section 144.291, subdivision 2, paragraph (i), an insurance
company, or a government agency, including the Department of Human Services. A
provider, insurance company, or government agency shall comply with any written request
of the board under this subdivision and is not liable in any action for damages for releasing
the data requested by the board if the data are released pursuant to a written request under
this subdivision, unless the information is false and the provider giving the information
knew, or had reason to know, the information was false. Information obtained under this
subdivision is private data on individuals as defined in section 13.02.
new text end

new text begin (e) If the board issues an order of immediate suspension of a license, a hearing must
be held within 30 days of the suspension and completed without delay.
new text end

Sec. 14.

new text begin [153B.75] INVESTIGATION; NOTICE AND HEARINGS.
new text end

new text begin The board has the authority to investigate alleged violations of this chapter, conduct
hearings, and impose corrective or disciplinary action as provided in section 214.103.
new text end

Sec. 15.

new text begin [153B.80] UNLICENSED PRACTICE.
new text end

new text begin Subdivision 1. new text end

new text begin License required. new text end

new text begin Effective January 1, 2018, no individual shall
practice as an orthotist, prosthetist, prosthetist orthotist, pedorthist, orthotic or prosthetic
assistant, or orthotic fitter, unless the individual holds a valid license issued by the board
under this chapter, except as permitted under section 153B.20 or 153B.35.
new text end

new text begin Subd. 2. new text end

new text begin Designation. new text end

new text begin No individual shall represent themselves to the public as
a licensed orthotist, prosthetist, prosthetist orthotist, pedorthist, orthotic or prosthetic
assistant, or an orthotic fitter, unless the individual is licensed under this chapter.
new text end

new text begin Subd. 3. new text end

new text begin Penalties. new text end

new text begin Any individual who violates this section is guilty of a
misdemeanor. The board shall have the authority to seek a cease and desist order against
any individual who is engaged in the unlicensed practice of a profession regulated by the
board under this chapter.
new text end

Sec. 16.

new text begin [153B.85] FEES.
new text end

new text begin (a) The application fee for initial licensure shall not exceed $600.
new text end

new text begin (b) The biennial renewal fee for a license to practice as an orthotist, prosthetist,
prosthetist orthotist, or pedorthist shall not exceed $600.
new text end

new text begin (c) The biennial renewal fee for a license to practice as an assistant or a fitter shall
not exceed $300.
new text end

new text begin (d) For the first renewal period following initial licensure, the renewal fee is the fee
specified in paragraph (b) or (c), prorated to the nearest dollar that is represented by the
ratio of the number of days the license is held in the initial licensure period to 730 days.
new text end

new text begin (e) The fee for license restoration shall not exceed $600.
new text end

new text begin (f) The fee for late license renewal is the license renewal fee in effect at the time of
renewal plus $100.
new text end

new text begin (g) The fee for license verification shall not exceed $30.
new text end

new text begin (h) The fee to obtain a list of licensees shall not exceed $25.
new text end

new text begin (i) No fee may be refunded for any reason.
new text end

Sec. 17. new text begin FIRST APPOINTMENTS, FIRST MEETING, AND FIRST CHAIR OF
THE ORTHOTICS, PROSTHETICS, AND PEDORTHICS ADVISORY COUNCIL.
new text end

new text begin The Board of Podiatric Medicine shall make its first appointments authorized
under Minnesota Statutes, section 153B.25, to the Orthotics, Prosthetics, and Pedorthics
Advisory Council, by September 1, 2016. The board shall designate four of its first
appointees to serve terms that are coterminous with the governor. The chair of the Board
of Podiatric Medicine or the chair's designee shall convene the first meeting of the council
by November 1, 2016. The council must elect a chair from among its members at the first
meeting of the council.
new text end

Sec. 18. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 17 are effective July 1, 2016.
new text end