2nd Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to health; establishing and modifying 1.3 credentialing requirements for speech-language 1.4 pathologists, audiologists, occupational therapists, 1.5 speech-language pathology assistants, physician 1.6 assistants, registered nurses, advanced practice 1.7 registered nurses, dentists, dental hygienists, dental 1.8 assistants, dental aides, podiatrists, alcohol and 1.9 drug counselors, and licensed professional counselors; 1.10 appropriating money; amending Minnesota Statutes 2002, 1.11 sections 144.054, subdivision 2; 147A.02; 147A.20; 1.12 148.211, subdivision 1; 148.284; 148.512, subdivisions 1.13 9, 19, by adding a subdivision; 148.6402, by adding a 1.14 subdivision; 148.6403, subdivision 5; 148.6405; 1.15 148.6428; 148.6443, subdivisions 1, 5; 150A.01, 1.16 subdivisions 5, 8; 150A.02, subdivision 1; 150A.03, 1.17 subdivision 1; 150A.05, subdivision 2, by adding a 1.18 subdivision; 150A.06, as amended; 150A.08, 1.19 subdivisions 1, 4, 5, 6, 8; 150A.081, subdivisions 1, 1.20 2; 150A.09, subdivisions 1, 3, 4, 5; 150A.10, 1.21 subdivision 2; 153.01, subdivision 2; 153.16, 1.22 subdivisions 1, 2; 153.19, subdivision 1; 153.24, 1.23 subdivision 4; 153.25, subdivision 1; 214.18, 1.24 subdivision 5; 352.91, subdivision 3g; Minnesota 1.25 Statutes 2003 Supplement, sections 116J.70, 1.26 subdivision 2a; 147A.09, subdivision 2; 148.212, 1.27 subdivision 1; 148.511; 148.512, subdivisions 12, 13; 1.28 148.513, subdivisions 1, 2; 148.5161, subdivisions 1, 1.29 4, 6; 148.5175; 148.518; 148.5193, subdivisions 1, 6a; 1.30 148.5195, subdivision 3; 148.5196, subdivision 3; 1.31 148B.52; 148B.53, subdivisions 1, 3; 148B.54; 148B.55; 1.32 148B.59; 148C.04, subdivision 6; 148C.075, subdivision 1.33 2; 148C.11, subdivision 6; 148C.12, subdivisions 2, 3; 1.34 150A.08, subdivision 3; proposing coding for new law 1.35 in Minnesota Statutes, chapters 148; 148B; repealing 1.36 Minnesota Rules, parts 6900.0020, subparts 3, 3a, 9, 1.37 10; 6900.0400. 1.38 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.39 ARTICLE 1 1.40 SPEECH-LANGUAGE PATHOLOGY, AUDIOLOGY, AND 1.41 OCCUPATIONAL THERAPY 2.1 Section 1. Minnesota Statutes 2003 Supplement, section 2.2 148.511, is amended to read: 2.3 148.511 [SCOPE.] 2.4 Sections 148.511 to 148.5196 apply to persons who are 2.5 applicants for licensure, who use protected titles, who 2.6 represent that they are licensed, or who engage in the practice 2.7 of speech-language pathology or audiology. Sections 148.511 to 2.8 148.5196 do not apply to school personnel licensed by the Board 2.9 of Teaching and practicing within the scope of their school 2.10 license under Minnesota Rules, part 8710.6000, or the 2.11 paraprofessionals who assist these individuals. 2.12 Sec. 2. Minnesota Statutes 2002, section 148.512, 2.13 subdivision 9, is amended to read: 2.14 Subd. 9. [CONTINUING EDUCATION.] "Continuing education" is 2.15 a planned learning experience in speech-language pathology or 2.16 audiology not including the basic educational program leading to 2.17 a degree if the education is used by the
registrantlicensee for 2.18 credit to achieve a baccalaureate or master's degree in 2.19 speech-language pathology or audiology. 2.20 Sec. 3. Minnesota Statutes 2003 Supplement, section 2.21 148.512, subdivision 12, is amended to read: 2.22 Subd. 12. [PRACTICE OF AUDIOLOGY.] The "practice of 2.23 audiology" means: 2.24 (1) identification, assessment, and interpretation, 2.25 diagnosis, rehabilitation, and prevention of hearing disorders; 2.26 (2) conservation of the auditory system function; 2.27 development and implementation of hearing conservation programs; 2.28 (3) measurement, assessment, and interpretation of auditory 2.29 and vestibular function; 2.30 (4) selecting, fitting, and dispensing of assistive 2.31 listening devices, alerting and amplification devices, and 2.32 systems for personal and public use, including hearing aids and 2.33 devices, and providing training in their use; 2.34 (5) aural habilitation and rehabilitation and related 2.35 counseling for hearing impaired individuals and their families; 2.36 (6) screening of speech, language, voice, or fluency for 3.1 the purposes of audiologic evaluation or identification of 3.2 possible communication disorders; or 3.3 (7) teaching of, consultation or research about, or3.4 supervision of the functions in clauses (1) to (6). 3.5 The practice of audiology does not include the practice of 3.6 medicine and surgery, or osteopathic medicine and surgery, or 3.7 medical diagnosis that is commonly performed by a physician. 3.8 Sec. 4. Minnesota Statutes 2003 Supplement, section 3.9 148.512, subdivision 13, is amended to read: 3.10 Subd. 13. [PRACTICE OF SPEECH-LANGUAGE PATHOLOGY.] The 3.11 "practice of speech-language pathology" means: 3.12 (1) identification, assessment, and interpretation, 3.13 diagnosis, habilitation, rehabilitation, treatment and 3.14 prevention of disorders of speech, articulation, fluency, voice, 3.15 and language; 3.16 (2) identification, assessment, and interpretation, 3.17 diagnosis, habilitation, and rehabilitation of disorders of 3.18 oral-pharyngeal function and related disorders; 3.19 (3) identification, assessment, and interpretation, 3.20 diagnosis, habilitation, and rehabilitation of communication 3.21 disorders associated with cognition; 3.22 (4) assessing, selecting, and developing augmentative and 3.23 alternative communication systems and providing training in 3.24 their use; 3.25 (5) aural habilitation and rehabilitation and related 3.26 counseling for hearing impaired individuals and their families; 3.27 (6) enhancing speech-language proficiency and communication 3.28 effectiveness; 3.29 (7) audiometric screening for the purposes of 3.30 speech-language evaluation or for the identification of possible 3.31 hearing disorders; or 3.32 (8) teaching of, consultation or research about, or3.33 supervision of the functions in clauses (1) to (7). 3.34 The practice of speech-language pathology does not include 3.35 the practice of medicine and surgery, or osteopathic medicine 3.36 and surgery, or medical diagnosis that is commonly performed by 4.1 a physician. 4.2 Sec. 5. Minnesota Statutes 2002, section 148.512, is 4.3 amended by adding a subdivision to read: 4.4 Subd. 17a. [SPEECH-LANGUAGE PATHOLOGY 4.5 ASSISTANT.] "Speech-language pathology assistant" means a person 4.6 who provides speech-language pathology services under the 4.7 supervision of a licensed speech-language pathologist in 4.8 accordance with section 148.5192. 4.9 Sec. 6. Minnesota Statutes 2002, section 148.512, 4.10 subdivision 19, is amended to read: 4.11 Subd. 19. [SUPERVISION.] "Supervision" means the direct or 4.12 indirect evaluation or direction of: 4.13 (1) a practitioner of speech-language pathology or 4.14 audiology; 4.15 (2) a person performing a function of supervised clinical 4.16 training as a student of speech-language pathology or audiology; 4.17 or4.18 (3) a person performing a function of supervised 4.19 postgraduate clinical experience in speech-language pathology or 4.20 audiology; or 4.21 (4) a speech-language pathology assistant in accordance 4.22 with section 148.5192. 4.23 Sec. 7. Minnesota Statutes 2003 Supplement, section 4.24 148.513, subdivision 1, is amended to read: 4.25 Subdivision 1. [UNLICENSED PRACTICE PROHIBITED.] A person 4.26 must not engage in the practice of speech-language pathology or 4.27 audiology unless the person is licensed as a speech-language 4.28 pathologist or an audiologist under sections 148.511 to 148.5196 4.29 or is practicing as a speech-language pathology assistant in 4.30 accordance with section 148.5192. For purposes of this 4.31 subdivision, a speech-language pathology assistant's duties are 4.32 limited to the duties described in accordance with section 4.33 148.5192, subdivision 2. 4.34 Sec. 8. Minnesota Statutes 2003 Supplement, section 4.35 148.513, subdivision 2, is amended to read: 4.36 Subd. 2. [PROTECTED TITLES AND RESTRICTIONS ON USE.] (a) 5.1 Notwithstanding paragraph (b), the use of the following terms or 5.2 initials which represent the following terms, alone or in 5.3 combination with any word or words, by any person to form an 5.4 occupational title is prohibited unless that person is licensed 5.5 under sections 148.511 to 148.5196: 5.6 (1) speech-language; 5.7 (2) speech-language pathologist, S, SP, or SLP; 5.8 (3) speech pathologist; 5.9 (4) language pathologist; 5.10 (5) audiologist, A, or AUD; 5.11 (6) speech therapist; 5.12 (7) speech clinician; 5.13 (8) speech correctionist; 5.14 (9) language therapist; 5.15 (10) voice therapist; 5.16 (11) voice pathologist; 5.17 (12) logopedist; 5.18 (13) communicologist; 5.19 (14) aphasiologist; 5.20 (15) phoniatrist; 5.21 (16) audiometrist; 5.22 (17) audioprosthologist; 5.23 (18) hearing therapist; 5.24 (19) hearing clinician; or 5.25 (20) hearing aid audiologist. 5.26 Use of the term "Minnesota licensed" in conjunction with 5.27 the titles protected under this sectionparagraph by any person 5.28 is prohibited unless that person is licensed under sections 5.29 148.511 to 148.5196. 5.30 (b) A speech-language pathology assistant practicing under 5.31 section 148.5192 must not represent, indicate, or imply to the 5.32 public that the assistant is a licensed speech-language 5.33 pathologist and shall only utilize one of the following titles: 5.34 "speech-language pathology assistant," "SLP assistant," or "SLP 5.35 asst." 5.36 Sec. 9. Minnesota Statutes 2003 Supplement, section 6.1 148.5161, subdivision 1, is amended to read: 6.2 Subdivision 1. [APPLICATION.] Clinical fellowship and 6.3 doctoral externship candidates must be licensed with a clinical 6.4 fellowship or doctoral externship license. The commissioner 6.5 shall issue clinical fellowship licensure or doctoral externship 6.6 licensure as a speech-language pathologist or audiologist to an 6.7 applicant who has applied for licensure under section 148.515, 6.8 who is not the subject of a disciplinary action or past 6.9 disciplinary action, and who has not violated a provision of 6.10 section 148.5195, subdivision 3. 6.11 Sec. 10. Minnesota Statutes 2003 Supplement, section 6.12 148.5161, subdivision 4, is amended to read: 6.13 Subd. 4. [DOCTORAL EXTERNSHIP LICENSURE.] Doctoral 6.14 candidates in audiology completing their final externship as 6.15 part of their training program are eligible to receive a 6.16 provisionaldoctoral externship license in audiology and are not 6.17 required to complete the postgraduate clinical fellowship year. 6.18 Sec. 11. Minnesota Statutes 2003 Supplement, section 6.19 148.5161, subdivision 6, is amended to read: 6.20 Subd. 6. [TITLE USED.] A licensee with a clinical 6.21 fellowship or doctoral externship shall be identified by one of 6.22 the protected titles and a designation indicating clinical 6.23 fellowship status or doctoral externship status. 6.24 Sec. 12. Minnesota Statutes 2003 Supplement, section 6.25 148.5175, is amended to read: 6.26 148.5175 [TEMPORARY LICENSURE.] 6.27 (a) The commissioner shall issue temporary licensure as a 6.28 speech-language pathologist, an audiologist, or both, to an 6.29 applicant who has applied for licensure under section 148.515, 6.30 148.516, 148.517, or 148.518 , subdivisions 1 and 2,and who: 6.31 (1) submits a signed and dated affidavit stating that the 6.32 applicant is not the subject of a disciplinary action or past 6.33 disciplinary action in this or another jurisdiction and is not 6.34 disqualified on the basis of section 148.5195, subdivision 3; 6.35 and 6.36 (2) either: 7.1 (i) provides a copy of a current credential as a 7.2 speech-language pathologist, an audiologist, or both, held in 7.3 the District of Columbia or a state or territory of the United 7.4 States; or 7.5 (ii) provides a copy of a current certificate of clinical 7.6 competence issued by the American Speech-Language-Hearing 7.7 Association or board certification in audiology by the American 7.8 Board of Audiology. 7.9 (b) A temporary license issued to a person under this 7.10 subdivision expires 90 days after it is issued or on the date 7.11 the commissioner grants or denies licensure, whichever occurs 7.12 first. 7.13 (c) Upon application, a temporary license shall be renewed 7.14 once to a person who is able to demonstrate good cause for 7.15 failure to meet the requirements for licensure within the 7.16 initial temporary licensure period and who is not the subject of 7.17 a disciplinary action or disqualified on the basis of section 7.18 148.5195, subdivision 3. 7.19 Sec. 13. Minnesota Statutes 2003 Supplement, section 7.20 148.518, is amended to read: 7.21 148.518 [LICENSURE FOLLOWING LAPSE OF LICENSURE STATUS.] 7.22 For an applicant whose licensure status has lapsed, the 7.23 applicant must: 7.24 (1) apply for licensure renewal according to section 7.25 148.5191 and document compliance with the continuing education 7.26 requirements of section 148.5193 since the applicant's license 7.27 lapsed; 7.28 (2) fulfill the requirements of section 148.517; or7.29 (3) apply for renewal according to section 148.5191, 7.30 provide evidence to the commissioner that the applicant holds a 7.31 current and unrestricted credential for the practice of 7.32 speech-language pathology from the Minnesota Board of Teaching 7.33 or for the practice of speech-language pathology or audiology in 7.34 another jurisdiction that has requirements equivalent to or 7.35 higher than those in effect for Minnesota, and provide evidence 7.36 of compliance with Minnesota Board of Teaching or that 8.1 jurisdiction's continuing education requirements; or 8.2 (4) apply for renewal according to section 148.5191 and 8.3 submit verified documentation of successful completion of 160 8.4 hours of supervised practice approved by the commissioner. To 8.5 participate in a supervised practice, the applicant shall first 8.6 apply and obtain temporary licensing according to section 8.7 148.5161. 8.8 Sec. 14. [148.5192] [SPEECH-LANGUAGE PATHOLOGY 8.9 ASSISTANTS.] 8.10 Subdivision 1. [DELEGATION REQUIREMENTS.] A licensed 8.11 speech-language pathologist may delegate duties to a 8.12 speech-language pathology assistant in accordance with this 8.13 section. Duties may only be delegated to an individual who has 8.14 documented with a transcript from an educational institution 8.15 satisfactory completion of either: 8.16 (1) an associate degree from a speech-language pathology 8.17 assistant program that is accredited by the Higher Learning 8.18 Commission of the North Central Association of Colleges or its 8.19 equivalent as approved by the commissioner; or 8.20 (2) a bachelor's degree in the discipline of communication 8.21 sciences or disorders with additional transcript credit in the 8.22 area of instruction in assistant-level service delivery 8.23 practices and has completed at least 100 hours of supervised 8.24 field work experience as a speech-language pathology assistant 8.25 student. 8.26 Subd. 2. [DELEGATED DUTIES; PROHIBITIONS.] (a) A certified 8.27 speech-language pathology assistant may perform only those 8.28 duties delegated by a licensed speech-language pathologist and 8.29 must be limited to duties within the training and experience of 8.30 the speech-language pathology assistant. 8.31 (b) Duties may include the following as delegated by the 8.32 supervising speech-language pathologist: 8.33 (1) assist with speech language and hearing screenings; 8.34 (2) implement documented treatment plans or protocols 8.35 developed by the supervising speech-language pathologist; 8.36 (3) document client performance; 9.1 (4) assist with assessments of clients; 9.2 (5) assist with preparing materials and scheduling 9.3 activities as directed; 9.4 (6) perform checks and maintenance of equipment; 9.5 (7) support the supervising speech-language pathologist in 9.6 research projects, in-service training, and public relations 9.7 programs; and 9.8 (8) collect data for quality improvement. 9.9 (c) A speech-language pathology assistant may not: 9.10 (1) perform standardized or nonstandardized diagnostic 9.11 tests, perform formal or informal evaluations, or interpret test 9.12 results; 9.13 (2) screen or diagnose clients for feeding or swallowing 9.14 disorders, including using a checklist or tabulating results of 9.15 feeding or swallowing evaluations, or demonstrate swallowing 9.16 strategies or precautions to clients or the clients' families; 9.17 (3) participate in parent conferences, case conferences, or 9.18 any interdisciplinary team without the presence of the 9.19 supervising speech-language pathologist or other licensed 9.20 speech-language pathologist as authorized by the supervising 9.21 speech-language pathologist; 9.22 (4) provide client or family counseling or consult with the 9.23 client or the family regarding the client status or service; 9.24 (5) write, develop, or modify a client's individualized 9.25 treatment plan or individualized education program; 9.26 (6) select clients for service; 9.27 (7) discharge clients from service; 9.28 (8) disclose clinical or confidential information either 9.29 orally or in writing to anyone other than the supervising 9.30 speech-language pathologist; or 9.31 (9) make referrals for additional services. 9.32 (d) A speech-language pathology assistant must not sign any 9.33 formal documents, including treatment plans, education plans, 9.34 reimbursement forms, or reports. The speech-language pathology 9.35 assistant must sign or initial all treatment notes written by 9.36 the assistant. 10.1 Subd. 3. [SUPERVISION REQUIREMENTS.] (a) A supervising 10.2 speech-language pathologist shall authorize and accept full 10.3 responsibility for the performance, practice, and activity of a 10.4 speech-language pathology assistant. 10.5 (b) A supervising speech-language pathologist must meet the 10.6 following requirements: 10.7 (1) be licensed under sections 148.511 to 148.5196; 10.8 (2) hold a certificate of clinical competence from the 10.9 American Speech-Language-Hearing Association or its equivalent 10.10 as approved by the commissioner; and 10.11 (3) have completed at least one continuing education unit 10.12 in supervision. 10.13 (c) The supervision of a speech-language pathology 10.14 assistant shall be maintained on the following schedule: 10.15 (1) for the first 90 work days, within a 40-hour work week, 10.16 30 percent of the work performed by the speech-language 10.17 pathology assistant must be supervised and at least 20 percent 10.18 of the work performed must be under direct supervision; and 10.19 (2) for the work period after the initial 90-day period, 10.20 within a 40-hour work week, 20 percent of the work must be 10.21 supervised and at least ten percent of the work performed must 10.22 be under direct supervision. 10.23 (d) For purposes of this section, "direct supervision" 10.24 means on-site, in-view observation and guidance by the 10.25 supervising speech-language pathologist during the performance 10.26 of a delegated duty. The supervision requirements described in 10.27 this section are minimum requirements. Additional supervision 10.28 requirements may be imposed at the discretion of the supervising 10.29 speech-language pathologist. 10.30 (e) A supervising speech-language pathologist must be 10.31 available to communicate with a speech-language pathology 10.32 assistant at any time the assistant is in direct contact with a 10.33 client. 10.34 (f) A supervising speech-language pathologist must document 10.35 activities performed by the assistant that are directly 10.36 supervised by the supervising speech-language pathologist. At a 11.1 minimum, the documentation must include: 11.2 (1) information regarding the quality of the 11.3 speech-language pathology assistant's performance of the 11.4 delegated duties; and 11.5 (2) verification that any delegated clinical activity was 11.6 limited to duties authorized to be performed by the 11.7 speech-language pathology assistant under this section. 11.8 (g) A supervising speech-language pathologist must review 11.9 and cosign all informal treatment notes signed or initialed by 11.10 the speech-language pathology assistant. 11.11 (h) A full-time, speech-language pathologist may supervise 11.12 no more than one full-time, speech-language pathology assistant 11.13 or the equivalent of one full-time assistant. 11.14 Subd. 4. [NOTIFICATION.] Any agency or clinic that intends 11.15 to utilize the services of a speech-language pathology assistant 11.16 must provide written notification to the client or, if the 11.17 client is younger than 18 years old, to the client's parent or 11.18 guardian before a speech-language pathology assistant may 11.19 perform any of the duties described in this section. 11.20 Sec. 15. Minnesota Statutes 2003 Supplement, section 11.21 148.5193, subdivision 1, is amended to read: 11.22 Subdivision 1. [NUMBER OF CONTACT HOURS REQUIRED.] (a) An 11.23 applicant for licensure renewal must meet the requirements for 11.24 continuing education stipulated by the American 11.25 Speech-Language-Hearing Association or the American Board of 11.26 Audiology, or satisfy the requirements described in paragraphs 11.27 (b) to (e). 11.28 (b) Within one month following expiration of a license, an 11.29 applicant for licensure renewal as either a speech-language 11.30 pathologist or an audiologist must provide evidence to the 11.31 commissioner of a minimum of 30 contact hours of continuing 11.32 education offered by a continuing education sponsorobtained 11.33 within the two years immediately preceding licensure renewal11.34 expiration. A minimum of 20 contact hours of continuing 11.35 education must be directly related to the licensee's area of 11.36 licensure. Ten contact hours of continuing education may be in 12.1 areas generally related to the licensee's area of licensure. 12.2 Licensees who are issued licenses for a period of less than two 12.3 years shall prorate the number of contact hours required for 12.4 licensure renewal based on the number of months licensed during 12.5 the biennial licensure period. Licensees shall receive contact 12.6 hours for continuing education activities only for the biennial 12.7 licensure period in which the continuing education activity was 12.8 performed. 12.9 (c) An applicant for licensure renewal as both a 12.10 speech-language pathologist and an audiologist must attest to 12.11 and document completion of a minimum of 36 contact hours of 12.12 continuing education offered by a continuing education sponsor 12.13 within the two years immediately preceding licensure renewal. A 12.14 minimum of 15 contact hours must be received in the area of 12.15 speech-language pathology and a minimum of 15 contact hours must 12.16 be received in the area of audiology. Six contact hours of 12.17 continuing education may be in areas generally related to the 12.18 licensee's areas of licensure. Licensees who are issued 12.19 licenses for a period of less than two years shall prorate the 12.20 number of contact hours required for licensure renewal based on 12.21 the number of months licensed during the biennial licensure 12.22 period. Licensees shall receive contact hours for continuing 12.23 education activities only for the biennial licensure period in 12.24 which the continuing education activity was performed. 12.25 (d) If the licensee is licensed by the Board of Teaching: 12.26 (1) activities that are approved in the categories of 12.27 Minnesota Rules, part 8700.1000, subpart 3, items A and B, and 12.28 that relate to speech-language pathology, shall be considered: 12.29 (i) offered by a sponsor of continuing education; and 12.30 (ii) directly related to speech-language pathology; 12.31 (2) activities that are approved in the categories of 12.32 Minnesota Rules, part 8700.1000, subpart 3, shall be considered: 12.33 (i) offered by a sponsor of continuing education; and 12.34 (ii) generally related to speech-language pathology; and 12.35 (3) one clock hour as defined in Minnesota Rules, part 12.36 8700.1000, subpart 1, is equivalent to 1.0 contact hours of 13.1 continuing education. 13.2 (e) Contact hours cannotmay not be accumulated in advance 13.3 and transferred to a future continuing education period. 13.4 Sec. 16. Minnesota Statutes 2003 Supplement, section 13.5 148.5193, subdivision 6a, is amended to read: 13.6 Subd. 6a. [VERIFICATION OF ATTENDANCE.] An applicant for 13.7 licensure renewal must submit verification of attendance as 13.8 follows: 13.9 (1) a certificate of attendance from the sponsor with the 13.10 continuing education course name, course date, and licensee's 13.11 name. If a certificate of attendance is not available, the 13.12 commissioner may accept other evidence of attendance such as a 13.13 confirmation or statement of registration for regional or 13.14 national annual conferences or conventions of professional 13.15 associations, a copy of the continuing education courses 13.16 indicating those attended, and an affidavit of attendance; 13.17 (2) a copy of a record of attendance from the sponsor of 13.18 the continuing education course; 13.19 (3) a signature of the presenter or a designee at the 13.20 continuing education activity on the continuing education report 13.21 form; 13.22 (4) a summary or outline of the educational content of an 13.23 audio or video educational activity if a designee is not 13.24 available to sign the continuing education report form; 13.25 (5) for self-study programs, a certificate of completion or 13.26 other documentation indicating that the individual has 13.27 demonstrated knowledge and has successfully completed the 13.28 program; or 13.29 (6) for attendance at a university, college, or vocational 13.30 course, an official transcript. 13.31 Sec. 17. Minnesota Statutes 2003 Supplement, section 13.32 148.5195, subdivision 3, is amended to read: 13.33 Subd. 3. [GROUNDS FOR DISCIPLINARY ACTION BY 13.34 COMMISSIONER.] The commissioner may take any of the disciplinary 13.35 actions listed in subdivision 4 on proof that the individual has: 13.36 (1) intentionally submitted false or misleading information 14.1 to the commissioner or the advisory council; 14.2 (2) failed, within 30 days, to provide information in 14.3 response to a written request, via certified mail, by the 14.4 commissioner or advisory council; 14.5 (3) performed services of a speech-language pathologist or 14.6 audiologist in an incompetent or negligent manner; 14.7 (4) violated sections 148.511 to 148.5196; 14.8 (5) failed to perform services with reasonable judgment, 14.9 skill, or safety due to the use of alcohol or drugs, or other 14.10 physical or mental impairment; 14.11 (6) violated any state or federal law, rule, or regulation, 14.12 and the violation is a felony or misdemeanor, an essential 14.13 element of which is dishonesty, or which relates directly or 14.14 indirectly to the practice of speech-language pathology or 14.15 audiology. Conviction for violating any state or federal law 14.16 which relates to speech-language pathology or audiology is 14.17 necessarily considered to constitute a violation, except as 14.18 provided in chapter 364; 14.19 (7) aided or abetted another person in violating any 14.20 provision of sections 148.511 to 148.5196; 14.21 (8) been or is being disciplined by another jurisdiction, 14.22 if any of the grounds for the discipline is the same or 14.23 substantially equivalent to those under sections 148.511 to 14.24 148.5196; 14.25 (9) not cooperated with the commissioner or advisory 14.26 council in an investigation conducted according to subdivision 14.27 1; 14.28 (10) advertised in a manner that is false or misleading; 14.29 (11) engaged in conduct likely to deceive, defraud, or harm 14.30 the public; or demonstrated a willful or careless disregard for 14.31 the health, welfare, or safety of a client; 14.32 (12) failed to disclose to the consumer any fee splitting 14.33 or any promise to pay a portion of a fee to any other 14.34 professional other than a fee for services rendered by the other 14.35 professional to the client; 14.36 (13) engaged in abusive or fraudulent billing practices, 15.1 including violations of federal Medicare and Medicaid laws, Food 15.2 and Drug Administration regulations, or state medical assistance 15.3 laws; 15.4 (14) obtained money, property, or services from a consumer 15.5 through the use of undue influence, high pressure sales tactics, 15.6 harassment, duress, deception, or fraud; 15.7 (15) performed services for a client who had no possibility 15.8 of benefiting from the services; 15.9 (16) failed to refer a client for medical evaluation or to 15.10 other health care professionals when appropriate or when a 15.11 client indicated symptoms associated with diseases that could be 15.12 medically or surgically treated; 15.13 (17) if the individual is a dispenser of hearing 15.14 instruments as defined by section 153A.13, subdivision 5, had 15.15 the certification required by chapter 153A, denied, suspended, 15.16 or revoked according to chapter 153A; or15.17 (18) used the term doctor of audiology, doctor of 15.18 speech-language pathology, AuD, or SLPD without having obtained 15.19 the degree from an institution accredited by the North Central 15.20 Association of Colleges and Secondary Schools, the Council on 15.21 Academic Accreditation in Audiology and Speech-Language 15.22 Pathology, the United States Department of Education, or an 15.23 equivalent; or 15.24 (19) failed to comply with the requirements of section 15.25 148.5192, regarding supervision of speech-language pathology 15.26 assistants. 15.27 Sec. 18. Minnesota Statutes 2003 Supplement, section 15.28 148.5196, subdivision 3, is amended to read: 15.29 Subd. 3. [DUTIES.] The advisory council shall: 15.30 (1) advise the commissioner regarding speech-language 15.31 pathologist and audiologist licensure standards; 15.32 (2) advise the commissioner regarding the delegation of 15.33 duties to and the training required for speech-language 15.34 pathology assistants; 15.35 (2)(3) advise the commissioner on enforcement of sections 15.36 148.511 to 148.5196; 16.1 (3)(4) provide for distribution of information regarding 16.2 speech-language pathologist and audiologist licensure standards; 16.3 (4)(5) review applications and make recommendations to the 16.4 commissioner on granting or denying licensure or licensure 16.5 renewal; 16.6 (5)(6) review reports of investigations relating to 16.7 individuals and make recommendations to the commissioner as to 16.8 whether licensure should be denied or disciplinary action taken 16.9 against the individual; 16.10 (6)(7) advise the commissioner regarding approval of 16.11 continuing education activities provided by sponsors using the 16.12 criteria in section 148.5193, subdivision 2; and 16.13 (7)(8) perform other duties authorized for advisory 16.14 councils under chapter 214, or as directed by the commissioner. 16.15 Sec. 19. Minnesota Statutes 2002, section 148.6402, is 16.16 amended by adding a subdivision to read: 16.17 Subd. 22a. [LIMITED LICENSE.] "Limited license" means a 16.18 license issued according to section 148.6425, subdivision 3, 16.19 paragraph (c), to persons who have allowed their license to 16.20 lapse for four years or more and who choose a supervised 16.21 practice as the method for renewing their license status. 16.22 Sec. 20. Minnesota Statutes 2002, section 148.6403, 16.23 subdivision 5, is amended to read: 16.24 Subd. 5. [EXEMPT PERSONS.] This section does not apply to: 16.25 (1) a person employed as an occupational therapist or 16.26 occupational therapy assistant by the government of the United 16.27 States or any agency of it. However, use of the protected 16.28 titles under those circumstances is allowed only in connection 16.29 with performance of official duties for the federal government; 16.30 (2) a student participating in supervised fieldwork or 16.31 supervised coursework that is necessary to meet the requirements 16.32 of section 148.6408, subdivision 1, or 148.6410, subdivision 1, 16.33 if the person is designated by a title which clearly indicates 16.34 the person's status as a student trainee. Any use of the 16.35 protected titles under these circumstances is allowed only while 16.36 the person is performing the duties of the supervised fieldwork 17.1 or supervised coursework; or 17.2 (3) a person visiting and then leaving the state and 17.3 performing occupational therapy services while in the state, if 17.4 the services are performed no more than 30 days in a calendar 17.5 year as part of a professional activity that is limited in scope 17.6 and duration and is in association with an occupational 17.7 therapist licensed under sections 148.6401 to 148.6450, and 17.8 (i) the person is credentialed under the law of another 17.9 state which has credentialing requirements at least as stringent 17.10 as the requirements of sections 148.6401 to 148.6450; or 17.11 (ii) the person meets the requirements for certification as 17.12 an occupational therapist registered (OTR) or a certified 17.13 occupational therapy assistant (COTA), established by the 17.14 National Board for Certification in Occupational Therapy. 17.15 Sec. 21. Minnesota Statutes 2002, section 148.6405, is 17.16 amended to read: 17.17 148.6405 [LICENSURE APPLICATION REQUIREMENTS ;: PROCEDURES 17.18 AND QUALIFICATIONS.] 17.19 (a) An applicant for licensure must comply with the general17.20 licensure proceduresapplication requirements in section 17.21 148.6420. To qualify for licensure, an applicant must satisfy 17.22 one of the requirements in paragraphs (b) to (f) and not be 17.23 subject to denial of licensure under section 148.6448. 17.24 (b) A person who applies for licensure as an occupational 17.25 therapist and who has not been credentialed by the National 17.26 Board for Certification in Occupational Therapy or another 17.27 jurisdiction must meet the requirements in section 148.6408. 17.28 (c) A person who applies for licensure as an occupational 17.29 therapy assistant and who has not been credentialed by the 17.30 National Board for Certification in Occupational Therapy or 17.31 another jurisdiction must meet the requirements in section 17.32 148.6410. 17.33 (d) A person who is certified by the National Board for 17.34 Certification in Occupational Therapy may apply for licensure by 17.35 equivalency and must meet the requirements in section 148.6412. 17.36 (e) A person who is credentialed in another jurisdiction 18.1 may apply for licensure by reciprocity and must meet the 18.2 requirements in section 148.6415. 18.3 (f) A person who applies for temporary licensure must meet 18.4 the requirements in section 148.6418. 18.5 Sec. 22. Minnesota Statutes 2002, section 148.6428, is 18.6 amended to read: 18.7 148.6428 [CHANGE OF ADDRESS OR EMPLOYMENT.] 18.8 A licensee who changes addresses or employment must inform 18.9 the commissioner, in writing, of the change of address, 18.10 employment, business address, or business telephone number 18.11 within 30 days. All notices or other correspondence mailed to 18.12 or served on a licensee by the commissioner at the licensee's 18.13 address on file with the commissioner shall be considered as 18.14 having been received by the licensee. 18.15 Sec. 23. Minnesota Statutes 2002, section 148.6443, 18.16 subdivision 1, is amended to read: 18.17 Subdivision 1. [GENERAL REQUIREMENTS.] An occupational 18.18 therapist applying for licensure renewal must have completed a 18.19 minimum of 24 contact hours of continuing education in the two 18.20 years preceding licensure renewal. An occupational therapy 18.21 assistant applying for licensure renewal must have completed a 18.22 minimum of 18 contact hours of continuing education in the two 18.23 years preceding licensure renewal. Licensees who are issued 18.24 licenses for a period of less than two years shall prorate the 18.25 number of contact hours required for licensure renewal based on 18.26 the number of months licensed during the biennial licensure 18.27 period. Licensees shall receive contact hours for continuing 18.28 education activities only for the biennial licensure period in 18.29 which the continuing education activity was performed. 18.30 To qualify as a continuing education activity, the activity 18.31 must be a minimum of one contact hour. Contact hours must be 18.32 earned and reported in increments of one contact hour or 18.33 one-half contact hour forafter the first contact hour of each 18.34 continuing education activity. One-half contact hour means an 18.35 instructional session of 30 consecutive minutes, excluding 18.36 coffee breaks, registration, meals without a speaker, and social 19.1 activities. 19.2 Each licensee is responsible for financing the cost of the 19.3 licensee's continuing education activities. 19.4 Sec. 24. Minnesota Statutes 2002, section 148.6443, 19.5 subdivision 5, is amended to read: 19.6 Subd. 5. [REPORTING CONTINUING EDUCATION CONTACT HOURS.] 19.7 At the time ofWithin one month following licensure renewal19.8 expiration, each licensee shall submit verification that the 19.9 licensee has met the continuing education requirements of this 19.10 section on the continuing education report form provided by the 19.11 commissioner. The continuing education report form may require 19.12 the following information: 19.13 (1) title of continuing education activity; 19.14 (2) brief description of the continuing education activity; 19.15 (3) sponsor, presenter, or author; 19.16 (4) location and attendance dates; 19.17 (5) number of contact hours; and 19.18 (6) licensee's notarized affirmation that the information 19.19 is true and correct. 19.20 ARTICLE 2 19.21 PHYSICIAN ASSISTANTS 19.22 Section 1. Minnesota Statutes 2002, section 147A.02, is 19.23 amended to read: 19.24 147A.02 [QUALIFICATIONS FOR REGISTRATION.] 19.25 Except as otherwise provided in this chapter, an individual 19.26 shall be registered by the board before the individual may 19.27 practice as a physician assistant. 19.28 The board may grant registration as a physician assistant 19.29 to an applicant who: 19.30 (1) submits an application on forms approved by the board; 19.31 (2) pays the appropriate fee as determined by the board; 19.32 (3) has current certification from the National Commission 19.33 on Certification of Physician Assistants, or its successor 19.34 agency as approved by the board; 19.35 (4) certifies that the applicant is mentally and physically 19.36 able to engage safely in practice as a physician assistant; 20.1 (5) has no licensure, certification, or registration as a 20.2 physician assistant under current discipline, revocation, 20.3 suspension, or probation for cause resulting from the 20.4 applicant's practice as a physician assistant, unless the board 20.5 considers the condition and agrees to licensure; 20.6 (6) has a physician-physician assistant agreement, and20.7 internal protocol and prescribing delegation form, if the20.8 physician assistant has been delegated prescribing authority, as20.9 described in section 147A.18 in place at the address of record;20.10 (7)submits to the board a practice setting description and20.11 any other information the board deems necessary to evaluate the 20.12 applicant's qualifications; and 20.13 (8)(7) has been approved by the board. 20.14 All persons registered as physician assistants as of June 20.15 30, 1995, are eligible for continuing registration renewal. All 20.16 persons applying for registration after that date shall be 20.17 registered according to this chapter. 20.18 Sec. 2. Minnesota Statutes 2003 Supplement, section 20.19 147A.09, subdivision 2, is amended to read: 20.20 Subd. 2. [DELEGATION.] Patient services may include, but 20.21 are not limited to, the following, as delegated by the 20.22 supervising physician and authorized in the agreement: 20.23 (1) taking patient histories and developing medical status 20.24 reports; 20.25 (2) performing physical examinations; 20.26 (3) interpreting and evaluating patient data; 20.27 (4) ordering or performing diagnostic procedures, including 20.28 radiography; 20.29 (5) ordering or performing therapeutic procedures; 20.30 (6) providing instructions regarding patient care, disease 20.31 prevention, and health promotion; 20.32 (7) assisting the supervising physician in patient care in 20.33 the home and in health care facilities; 20.34 (8) creating and maintaining appropriate patient records; 20.35 (9) transmitting or executing specific orders at the 20.36 direction of the supervising physician; 21.1 (10) prescribing, administering, and dispensing legend 21.2 drugs and medical devices if this function has been delegated by 21.3 the supervising physician pursuant to and subject to the 21.4 limitations of section 147.34147A.18 and chapter 151. 21.5 Physician assistants who have been delegated the authority to 21.6 prescribe controlled substances shall maintain a separate 21.7 addendum to the delegation form which lists all schedules and 21.8 categories of controlled substances which the physician 21.9 assistant has the authority to prescribe. This addendum shall 21.10 be maintained with the physician-physician assistant agreement, 21.11 and the delegation form at the address of record; 21.12 (11) for physician assistants not delegated prescribing 21.13 authority, administering legend drugs and medical devices 21.14 following prospective review for each patient by and upon 21.15 direction of the supervising physician; 21.16 (12) functioning as an emergency medical technician with 21.17 permission of the ambulance service and in compliance with 21.18 section 144E.127, and ambulance service rules adopted by the 21.19 commissioner of health; 21.20 (13) initiating evaluation and treatment procedures 21.21 essential to providing an appropriate response to emergency 21.22 situations; and 21.23 (14) certifying a physical disability under section 21.24 169.345, subdivision 2a. 21.25 Orders of physician assistants shall be considered the 21.26 orders of their supervising physicians in all practice-related 21.27 activities, including, but not limited to, the ordering of 21.28 diagnostic, therapeutic, and other medical services. 21.29 Sec. 3. Minnesota Statutes 2002, section 147A.20, is 21.30 amended to read: 21.31 147A.20 [PHYSICIAN AND PHYSICIAN ASSISTANT AGREEMENT.] 21.32 (a) A physician assistant and supervising physician must 21.33 sign an agreement which specifies scope of practice and amount 21.34 and manner of supervision as required by the board. The 21.35 agreement must contain: 21.36 (1) a description of the practice setting; 22.1 (2) a statement of practice type/specialty; 22.2 (3) a listing of categories of delegated duties; 22.3 (4) a description of supervision type, amount, and 22.4 frequency; and 22.5 (5) a description of the process and schedule for review of 22.6 prescribing, dispensing, and administering legend and controlled 22.7 drugs and medical devices by the physician assistant authorized 22.8 to prescribe. 22.9 (b) The agreement must be maintained by the supervising 22.10 physician and physician assistant and made available to the 22.11 board upon request. If there is a delegation of prescribing, 22.12 administering, and dispensing of legend drugs, controlled 22.13 substances, and medical devices, the agreement shall include an 22.14 internal protocol and delegation form. Physician assistants 22.15 shall have a separate agreement for each place of employment. 22.16 Agreements must be reviewed and updated on an annual basis. The 22.17 supervising physician and physician assistant must maintain the 22.18 agreement, delegation form, and internal protocol at the address 22.19 of record. Copies shall be provided to the board upon request. 22.20 (c) Physician assistants must provide written notification 22.21 to the board within 30 days of the following: 22.22 (1) name change; 22.23 (2) address of record change; 22.24 (3) telephone number of record change; and 22.25 (4) addition or deletion of alternate supervising physician 22.26 provided that the information submitted includes, for an 22.27 additional alternate physician, an affidavit of consent to act 22.28 as an alternate supervising physician signed by the alternate 22.29 supervising physician. 22.30 (d) Modifications requiring submission prior to the 22.31 effective date are changes to the practice setting description 22.32 which include: 22.33 (1) supervising physician change, excluding alternate 22.34 supervising physicians; or 22.35 (2) delegation of prescribing, administering, or dispensing 22.36 of legend drugs, controlled substances, or medical devices. 23.1 (e) The agreement must be completed and the practice 23.2 setting description submitted to the board before providing 23.3 medical care as a physician assistant. 23.4 Sec. 4. [EXCEPTION TO REGISTRATION REQUIREMENTS.] 23.5 Notwithstanding the requirements of Minnesota Statutes, 23.6 section 147A.02, the Board of Medical Practice shall register an 23.7 individual as a physician assistant if the individual: 23.8 (1) is ineligible for the certification examination by the 23.9 National Commission on the Certification of Physician Assistants 23.10 because the individual's education took place in a nonaccredited 23.11 institution, or the individual was informally trained on the 23.12 job; 23.13 (2) trained and served in the United States military as a 23.14 medic or hospital corpsman on active duty and has continuously 23.15 practiced as a physician or surgeon's assistant in Minnesota 23.16 since 1976, including a practice which combined in-office 23.17 surgical practice with the individual's supervised autonomous 23.18 schedule and with assisting in a hospital operating room on 23.19 cases warranting a first assistant; 23.20 (3) meets the requirements for registration described under 23.21 Minnesota Statutes, section 147A.02, clauses (1), (2), (4), (5), 23.22 (6), and (7); 23.23 (4) submits satisfactory recommendations from a supervising 23.24 physician; and 23.25 (5) achieves a satisfactory result on any criminal 23.26 background or health check required by the board. 23.27 The board must accept applications under this section only until 23.28 January 1, 2005. 23.29 [EFFECTIVE DATE.] This section is effective the day 23.30 following final enactment. 23.31 Sec. 5. [PROVISIONAL REGISTRATION.] 23.32 An individual registered under section 4 is deemed to hold 23.33 a provisional registration for two years from the date of 23.34 registration. If there have been no substantiated complaints 23.35 against an individual during the provisional period, the board 23.36 shall extend full registration to the individual upon completion 24.1 of the provisional period. 24.2 [EFFECTIVE DATE.] This section is effective the day 24.3 following final enactment. 24.4 ARTICLE 3 24.5 BOARD OF NURSING 24.6 Section 1. Minnesota Statutes 2002, section 148.211, 24.7 subdivision 1, is amended to read: 24.8 Subdivision 1. [LICENSURE BY EXAMINATION.] (a) An 24.9 applicant for a license to practice as a registered nurse or 24.10 licensed practical nurse shall apply to the board for a license 24.11 by examination on forms prescribed by the board and pay a fee in 24.12 an amount determined by rulestatute. An applicant applying for 24.13 reexamination shall pay a fee in an amount determined by 24.14 rulelaw. In no case may fees be refunded. 24.15 Before being scheduled for examination, the applicant shall24.16 provide written evidence verified by oath that the applicant (1)24.17 has not engaged in conduct warranting disciplinary action as set24.18 forth in section 148.261; (2) meets secondary education24.19 requirements as determined by the board and other preliminary24.20 qualification requirements the board may prescribe by rule; and24.21 (3) has completed a course of study in a nursing program24.22 approved by the board, another United States nursing board, or a24.23 Canadian province. An applicant who graduates from a nursing24.24 program in another country, except Canada, must also24.25 successfully complete the Commission on Graduates of Foreign24.26 Nursing Schools Qualifying Examination. The nursing program24.27 must be approved for the preparation of applicants for the type24.28 of license for which the application has been submitted.24.29 The applicant must pass a written examination in the24.30 subjects the board may determine. Written examination includes24.31 both paper and pencil examinations and examinations administered24.32 with a computer and related technology. Each written24.33 examination may be supplemented by an oral or practical24.34 examination.(b) The applicant must satisfy the following 24.35 requirements for licensure by examination: 24.36 (1) present evidence the applicant has not engaged in 25.1 conduct warranting disciplinary action as set forth in section 25.2 148.261; 25.3 (2) present evidence of completion of a nursing education 25.4 program approved by the board, another United States nursing 25.5 board, or a Canadian province which prepared the applicant for 25.6 the type of license for which the application has been 25.7 submitted; and 25.8 (3) pass a national nurse licensure written examination. 25.9 "Written examination" includes paper and pencil examinations and 25.10 examinations administered with a computer and related technology 25.11 and may include supplemental oral or practical examinations 25.12 approved by the board. 25.13 (c) An applicant who graduated from an approved nursing 25.14 education program in Canada and was licensed in Canada or 25.15 another United States jurisdiction without passing the national 25.16 nurse licensure examination, must also submit a verification of 25.17 licensure from the original Canadian licensure authority or from 25.18 the United States jurisdiction. 25.19 (d) An applicant who graduated from a nursing program in a 25.20 country other than the United States or Canada must also satisfy 25.21 the following requirements: 25.22 (1) present verification of graduation from a nursing 25.23 education program which prepared the applicant for the type of 25.24 license for which the application has been submitted and is 25.25 determined to be equivalent to the education required in the 25.26 same type of nursing education programs in the United States as 25.27 evaluated by a credentials evaluation service acceptable to the 25.28 board. The credentials evaluation service must submit the 25.29 evaluation and verification directly to the board; 25.30 (2) demonstrate successful completion of coursework to 25.31 resolve identified nursing education deficiencies; and 25.32 (3) pass examinations acceptable to the board that test 25.33 written and spoken English, unless the applicant graduated from 25.34 a nursing education program conducted in English and located in 25.35 an English-speaking country. The results of the examinations 25.36 must be submitted directly to the board from the testing service. 26.1 (e) An applicant failing to pass the examination may apply 26.2 for reexamination. 26.3 Upon submission by the applicant of an affidavit of26.4 graduation or transcript from an approved nursing program as26.5 well as proof that the applicant has passed the examination,26.6 paid the required fees, and(f) When the applicant has met all 26.7 otherrequirements stated in this subdivision, the board shall 26.8 issue a license to the applicant. The board may issue a license 26.9 with conditions and limitations if it considers it necessary to 26.10 protect the public. 26.11 Sec. 2. Minnesota Statutes 2003 Supplement, section 26.12 148.212, subdivision 1, is amended to read: 26.13 Subdivision 1. [ISSUANCE.] Upon receipt of the applicable 26.14 licensure or reregistration fee and permit fee, and in 26.15 accordance with rules of the board, the board may issue a 26.16 nonrenewable temporary permit to practice professional or 26.17 practical nursing to an applicant for licensure or 26.18 reregistration who is not the subject of a pending investigation 26.19 or disciplinary action, nor disqualified for any other reason, 26.20 under the following circumstances: 26.21 (a) The applicant for licensure by examination under 26.22 section 148.211, subdivision 1, has graduated from an approved 26.23 nursing program within the 60 days preceding board receipt of an 26.24 affidavit of graduation or transcript and has been authorized by 26.25 the board to write the licensure examination for the first time 26.26 in the United States. The permit holder must practice 26.27 professional or practical nursing under the direct supervision 26.28 of a registered nurse. The permit is valid from the date of 26.29 issue until the date the board takes action on the application 26.30 or for 60 days whichever occurs first. 26.31 (b) The applicant for licensure by endorsement under 26.32 section 148.211, subdivision 2, is currently licensed to 26.33 practice professional or practical nursing in another state, 26.34 territory, or Canadian province. The permit is valid from 26.35 submission of a proper request until the date of board action on 26.36 the application. 27.1 (c) The applicant for licensure by endorsement under 27.2 section 148.211, subdivision 2, or for reregistration under 27.3 section 148.231, subdivision 5, is currently registered in a 27.4 formal, structured refresher course or its equivalent for nurses 27.5 that includes clinical practice. 27.6 (d) The applicant for licensure by examination under 27.7 section 148.211, subdivision 1, has been issued a Commission on27.8 Graduates of Foreign Nursing Schools certificate,who graduated 27.9 from a nursing program in a country other than the United States 27.10 or Canada has completed all requirements for licensure 27.11 except theregistering for and taking the nurse licensure 27.12 examination , and has been authorized by the board to write the27.13 licensure examinationfor the first time in the United States. 27.14 The permit holder must practice professional nursing under the 27.15 direct supervision of a registered nurse. The permit is valid 27.16 from the date of issue until the date the board takes action on 27.17 the application or for 60 days, whichever occurs first. 27.18 Sec. 3. Minnesota Statutes 2002, section 148.284, is 27.19 amended to read: 27.20 148.284 [CERTIFICATION OF ADVANCED PRACTICE REGISTERED 27.21 NURSES.] 27.22 (a) No person shall practice advanced practice registered 27.23 nursing or use any title, abbreviation, or other designation 27.24 tending to imply that the person is an advanced practice 27.25 registered nurse, clinical nurse specialist, nurse anesthetist, 27.26 nurse-midwife, or nurse practitioner unless the person is 27.27 certified for such advanced practice registered nursing by a 27.28 national nurse certification organization. 27.29 (b) ParagraphParagraphs (a) doesand (e) do not apply to 27.30 an advanced practice registered nurse who is within six months 27.31 after completion of an advanced practice registered nurse course 27.32 of study and is awaiting certification, provided that the person 27.33 has not previously failed the certification examination. 27.34 (c) An advanced practice registered nurse who has completed 27.35 a formal course of study as an advanced practice registered 27.36 nurse and has been certified by a national nurse certification 28.1 organization prior to January 1, 1999, may continue to practice 28.2 in the field of nursing in which the advanced practice 28.3 registered nurse is practicing as of July 1, 1999, regardless of 28.4 the type of certification held if the advanced practice 28.5 registered nurse is not eligible for the proper certification. 28.6 (d) Prior to July 1, 2007, a clinical nurse specialist may 28.7 petition the board for waiver from the certification requirement 28.8 in paragraph (a) if the clinical nurse specialist is 28.9 academically prepared as a clinical nurse specialist in a 28.10 specialty area for which there is no certification within the 28.11 clinical nurse specialist role and specialty or a related 28.12 specialty. The board may determine that an available 28.13 certification as a clinical nurse specialist in a related 28.14 specialty must be obtained in lieu of the specific specialty or 28.15 subspecialty. The petitioner must be academically prepared as a 28.16 clinical nurse specialist in a specific field of clinical nurse 28.17 specialist practice with a master's degree in nursing that 28.18 included clinical experience in the clinical specialty and must 28.19 have 1,000 hours of supervised clinical experience in the 28.20 clinical specialty for which the individual was academically 28.21 prepared with a minimum of 500 hours of supervised clinical 28.22 practice after graduation. The board may grant a nonrenewable 28.23 permit for no longer than 12 months for the supervised 28.24 postgraduate clinical experience. The board may renew the 28.25 waiver for three-year periods provided the clinical nurse 28.26 specialist continues to be ineligible for certification as a 28.27 clinical nurse specialist by an organization acceptable to the 28.28 board. 28.29 (e) An advanced practice registered nurse who practices 28.30 advanced practice registered nursing without current 28.31 certification or current waiver of certification as a clinical 28.32 nurse specialist, nurse midwife, nurse practitioner, or 28.33 registered nurse anesthetist, or practices with current 28.34 certification but fails to notify the board of current 28.35 certification, shall pay a penalty fee of $200 for the first 28.36 month or part of a month and an additional $100 for each 29.1 subsequent month or parts of months of practice. The amount of 29.2 the penalty fee shall be calculated from the first day the 29.3 advanced practice registered nurse practiced without current 29.4 advanced practice registered nurse certification or current 29.5 waiver of certification to the date of last practice or from the 29.6 first day the advanced practice registered nurse practiced 29.7 without the current status on file with the board until the day 29.8 the current certification is filed with the board. 29.9 Sec. 4. [APPROPRIATIONS.] 29.10 $24,000 is appropriated in fiscal year 2005 from the state 29.11 government special revenue fund to the Board of Nursing for 29.12 purposes of this article. 29.13 ARTICLE 4 29.14 BOARD OF DENTISTRY 29.15 Section 1. Minnesota Statutes 2003 Supplement, section 29.16 116J.70, subdivision 2a, is amended to read: 29.17 Subd. 2a. [LICENSE; EXCEPTIONS.] "Business license" or 29.18 "license" does not include the following: 29.19 (1) any occupational license or registration issued by a 29.20 licensing board listed in section 214.01 or any occupational 29.21 registration issued by the commissioner of health pursuant to 29.22 section 214.13; 29.23 (2) any license issued by a county, home rule charter city, 29.24 statutory city, township, or other political subdivision; 29.25 (3) any license required to practice the following 29.26 occupation regulated by the following sections: 29.27 (i) abstracters regulated pursuant to chapter 386; 29.28 (ii) accountants regulated pursuant to chapter 326A; 29.29 (iii) adjusters regulated pursuant to chapter 72B; 29.30 (iv) architects regulated pursuant to chapter 326; 29.31 (v) assessors regulated pursuant to chapter 270; 29.32 (vi) athletic trainers regulated pursuant to chapter 148; 29.33 (vii) attorneys regulated pursuant to chapter 481; 29.34 (viii) auctioneers regulated pursuant to chapter 330; 29.35 (ix) barbers regulated pursuant to chapter 154; 29.36 (x) beauticians regulated pursuant to chapter 155A; 30.1 (xi) boiler operators regulated pursuant to chapter 183; 30.2 (xii) chiropractors regulated pursuant to chapter 148; 30.3 (xiii) collection agencies regulated pursuant to chapter 30.4 332; 30.5 (xiv) cosmetologists regulated pursuant to chapter 155A; 30.6 (xv) dentists, registereddental assistants, and dental 30.7 hygienists regulated pursuant to chapter 150A; 30.8 (xvi) detectives regulated pursuant to chapter 326; 30.9 (xvii) electricians regulated pursuant to chapter 326; 30.10 (xviii) mortuary science practitioners regulated pursuant 30.11 to chapter 149A; 30.12 (xix) engineers regulated pursuant to chapter 326; 30.13 (xx) insurance brokers and salespersons regulated pursuant 30.14 to chapter 60A; 30.15 (xxi) certified interior designers regulated pursuant to 30.16 chapter 326; 30.17 (xxii) midwives regulated pursuant to chapter 147D; 30.18 (xxiii) nursing home administrators regulated pursuant to 30.19 chapter 144A; 30.20 (xxiv) optometrists regulated pursuant to chapter 148; 30.21 (xxv) osteopathic physicians regulated pursuant to chapter 30.22 147; 30.23 (xxvi) pharmacists regulated pursuant to chapter 151; 30.24 (xxvii) physical therapists regulated pursuant to chapter 30.25 148; 30.26 (xxviii) physician assistants regulated pursuant to chapter 30.27 147A; 30.28 (xxix) physicians and surgeons regulated pursuant to 30.29 chapter 147; 30.30 (xxx) plumbers regulated pursuant to chapter 326; 30.31 (xxxi) podiatrists regulated pursuant to chapter 153; 30.32 (xxxii) practical nurses regulated pursuant to chapter 148; 30.33 (xxxiii) professional fund-raisers regulated pursuant to 30.34 chapter 309; 30.35 (xxxiv) psychologists regulated pursuant to chapter 148; 30.36 (xxxv) real estate brokers, salespersons, and others 31.1 regulated pursuant to chapters 82 and 83; 31.2 (xxxvi) registered nurses regulated pursuant to chapter 31.3 148; 31.4 (xxxvii) securities brokers, dealers, agents, and 31.5 investment advisers regulated pursuant to chapter 80A; 31.6 (xxxviii) steamfitters regulated pursuant to chapter 326; 31.7 (xxxix) teachers and supervisory and support personnel 31.8 regulated pursuant to chapter 125; 31.9 (xl) veterinarians regulated pursuant to chapter 156; 31.10 (xli) water conditioning contractors and installers 31.11 regulated pursuant to chapter 326; 31.12 (xlii) water well contractors regulated pursuant to chapter 31.13 103I; 31.14 (xliii) water and waste treatment operators regulated 31.15 pursuant to chapter 115; 31.16 (xliv) motor carriers regulated pursuant to chapter 221; 31.17 (xlv) professional firms regulated under chapter 319B; 31.18 (xlvi) real estate appraisers regulated pursuant to chapter 31.19 82B; 31.20 (xlvii) residential building contractors, residential 31.21 remodelers, residential roofers, manufactured home installers, 31.22 and specialty contractors regulated pursuant to chapter 326; 31.23 (xlviii) licensed professional counselors regulated 31.24 pursuant to chapter 148B; 31.25 (4) any driver's license required pursuant to chapter 171; 31.26 (5) any aircraft license required pursuant to chapter 360; 31.27 (6) any watercraft license required pursuant to chapter 31.28 86B; 31.29 (7) any license, permit, registration, certification, or 31.30 other approval pertaining to a regulatory or management program 31.31 related to the protection, conservation, or use of or 31.32 interference with the resources of land, air, or water, which is 31.33 required to be obtained from a state agency or instrumentality; 31.34 and 31.35 (8) any pollution control rule or standard established by 31.36 the Pollution Control Agency or any health rule or standard 32.1 established by the commissioner of health or any licensing rule 32.2 or standard established by the commissioner of human services. 32.3 Sec. 2. Minnesota Statutes 2002, section 144.054, 32.4 subdivision 2, is amended to read: 32.5 Subd. 2. [HIV; HBV.] The commissioner may subpoena 32.6 privileged medical information of patients who may have been 32.7 exposed by a licensed dental hygienist, dentist, physician, 32.8 nurse, podiatrist, a registeredor dental assistant ,or a 32.9 physician's assistant who is infected with the human 32.10 immunodeficiency virus (HIV) or hepatitis B virus (HBV) when the 32.11 commissioner has determined that it may be necessary to notify 32.12 those patients that they may have been exposed to HIV or HBV. 32.13 Sec. 3. Minnesota Statutes 2002, section 150A.01, 32.14 subdivision 5, is amended to read: 32.15 Subd. 5. [DENTAL ASSISTANTAIDE.] "Dental assistantaide" 32.16 means a person performing acts authorized under section 150A.10, 32.17 subdivision 2. 32.18 Sec. 4. Minnesota Statutes 2002, section 150A.01, 32.19 subdivision 8, is amended to read: 32.20 Subd. 8. [ REGISTEREDDENTAL ASSISTANT.] " RegisteredDental 32.21 assistant" means a person registeredlicensed pursuant to 32.22 section 150A.06sections 150A.01 to 150A.12 to perform the 32.23 services authorized pursuant to sections 150A.05, subdivision 32.24 1b, and 150A.10, subdivision 2. 32.25 Sec. 5. Minnesota Statutes 2002, section 150A.02, 32.26 subdivision 1, is amended to read: 32.27 Subdivision 1. There is hereby created a Board of 32.28 Dentistry whose duty it shall be to carry out the purposes and 32.29 enforce the provisions of sections 150A.01 to 150A.12. The 32.30 board shall consist of two public members as defined by section 32.31 214.02, five qualified resident dentists, one qualified resident 32.32 registereddental assistant, and one qualified resident dental 32.33 hygienist appointed by the governor. Membership terms, 32.34 compensation of members, removal of members, the filling of 32.35 membership vacancies, and fiscal year and reporting requirements 32.36 shall be as provided in sections 214.07 to 214.09. The 33.1 provision of staff, administrative services and office space; 33.2 the review and processing of board complaints; the setting of 33.3 board fees; and other provisions relating to board operations 33.4 shall be as provided in chapter 214. Each board member who is a 33.5 dentist, registereddental assistant, or dental hygienist shall 33.6 have been lawfully in active practice in this state for five 33.7 years immediately preceding appointment; and no board member 33.8 shall be eligible for appointment to more than two consecutive 33.9 four-year terms, and members serving on the board at the time of 33.10 the enactment hereof shall be eligible to reappointment provided 33.11 they shall not have served more than nine consecutive years at 33.12 the expiration of the term to which they are to be appointed. 33.13 At least 90 days prior to the expiration of the terms of 33.14 dentists, registereddental assistants, or dental hygienists, 33.15 the Minnesota Dental Association, Minnesota Dental Assistants 33.16 Association, or the Minnesota State Dental Hygiene Association 33.17 shall recommend to the governor for each term expiring not less 33.18 than two dentists, two registereddental assistants, or two 33.19 dental hygienists, respectively, who are qualified to serve on 33.20 the board, and from the list so recommended the governor may 33.21 appoint members to the board for the term of four years, the 33.22 appointments to be made within 30 days after the expiration of 33.23 the terms. Within 60 days after the occurrence of a dentist, 33.24 registereddental assistant, or dental hygienist vacancy, prior 33.25 to the expiration of the term, in the board, the Minnesota 33.26 Dental Association, the Minnesota Dental Assistants Association, 33.27 or the Minnesota State Dental Hygiene Association shall 33.28 recommend to the governor not less than two dentists, two 33.29 registereddental assistants, or two dental hygienists, who are 33.30 qualified to serve on the board and from the list so recommended 33.31 the governor, within 30 days after receiving such list of 33.32 dentists, may appoint one member to the board for the unexpired 33.33 term occasioned by such vacancy. Any appointment to fill a 33.34 vacancy shall be made within 90 days after the occurrence of 33.35 such vacancy. The first four-year term of the dental hygienist 33.36 and of the registereddental assistant shall commence on the 34.1 first Monday in January, 1977. 34.2 Sec. 6. Minnesota Statutes 2002, section 150A.03, 34.3 subdivision 1, is amended to read: 34.4 Subdivision 1. [OFFICERS.] The board shall elect from its 34.5 members a president, a vice-president, and a secretary. The 34.6 board shall have a common seal. It may hold meetings at such 34.7 times as may be necessary and as it may determine. The board 34.8 may affiliate and participate, both in and out-of-state, with 34.9 regional and national testing agencies for the purpose of 34.10 conducting examinations for licensure and registration. The fee 34.11 charged by such an agency for conducting the examination may be 34.12 in addition to the application fee established by the board 34.13 pursuant to section 150A.06. 34.14 Sec. 7. Minnesota Statutes 2002, section 150A.05, is 34.15 amended by adding a subdivision to read: 34.16 Subd. 1b. [PRACTICE OF DENTAL ASSISTING.] A person shall 34.17 be deemed to be practicing as a dental assistant within the 34.18 meaning of sections 150A.01 to 150A.12 who performs any duty or 34.19 related services delegated by a licensed dentist as permitted by 34.20 the rules of the board. 34.21 Sec. 8. Minnesota Statutes 2002, section 150A.05, 34.22 subdivision 2, is amended to read: 34.23 Subd. 2. [EXEMPTIONS AND EXCEPTIONS OF CERTAIN PRACTICES 34.24 AND OPERATIONS.] Sections 150A.01 to 150A.12 do not apply to: 34.25 (1) the practice of dentistry or, dental hygiene, or dental 34.26 assisting in any branch of the armed services of the United 34.27 States, the United States Public Health Service, or the United 34.28 States Veterans Administration; 34.29 (2) the practice of dentistry, dental hygiene, or dental 34.30 assisting by undergraduate dental students, dental hygiene 34.31 students, and dental assisting students of the University of 34.32 Minnesota, schools of dental hygiene, or schools of dental 34.33 assisting approved by the board, when acting under the direction 34.34 and supervision of a licensed dentist or, a licensed dental 34.35 hygienist, or a licensed dental assistant acting as an 34.36 instructor; 35.1 (3) the practice of dentistry by licensed dentists of other 35.2 states or countries while appearing as clinicians under the 35.3 auspices of a duly approved dental school or college, or a 35.4 reputable dental society, or a reputable dental study club 35.5 composed of dentists; 35.6 (4) the actions of persons while they are taking 35.7 examinations for licensure or registrationadministered or 35.8 approved by the board pursuant to sections 150A.03, subdivision 35.9 1, and 150A.06, subdivisions 1, 2, and 2a; 35.10 (5) the practice of dentistry by dentists and dental 35.11 hygienists licensed by other states during their functioning as 35.12 examiners responsible for conducting licensure or registration35.13 examinations administered by regional and national testing 35.14 agencies with whom the board is authorized to affiliate and 35.15 participate under section 150A.03, subdivision 1, and the 35.16 practice of dentistry by the regional and national testing 35.17 agencies during their administering examinations pursuant to 35.18 section 150A.03, subdivision 1; 35.19 (6) the use of X-rays or other diagnostic imaging 35.20 modalities for making radiographs or other similar records in a 35.21 hospital under the supervision of a physician or dentist or by a 35.22 person who is credentialed to use diagnostic imaging modalities 35.23 or X-ray machines for dental treatment, roentgenograms, or 35.24 dental diagnostic purposes by a credentialing agency other than 35.25 the Board of Dentistry; or 35.26 (7) the service, other than service performed directly upon 35.27 the person of a patient, of constructing, altering, repairing, 35.28 or duplicating any denture, partial denture, crown, bridge, 35.29 splint, orthodontic, prosthetic, or other dental appliance, when 35.30 performed according to a written work order from a licensed 35.31 dentist in accordance with section 150A.10, subdivision 3. 35.32 Sec. 9. Minnesota Statutes 2002, section 150A.06, as 35.33 amended by Laws 2003, First Special Session chapter 5, sections 35.34 1, 2, and 3, is amended to read: 35.35 150A.06 [LICENSURE.] 35.36 Subdivision 1. [DENTISTS.] A person of good moral 36.1 character not already a licensed dentist of the statewho has 36.2 graduated from a dental program accredited by the Commission on 36.3 Dental Accreditation of the American Dental Association, having 36.4 submitted an application and fee as prescribed by the board and36.5 the diploma or equivalent awarded to the person by a dental36.6 college approved by the board, may be examined by the board or 36.7 by an agency pursuant to section 150A.03, subdivision 1, in a 36.8 manner to test the applicant's fitness to practice dentistry. A 36.9 graduate of a dental college in another country must not be 36.10 disqualified from examination solely because of the applicant's 36.11 foreign training if the board determines that the training is 36.12 equivalent to or higher than that provided by a dental college 36.13 approvedaccredited by the Commission on Dental Accreditation of 36.14 the American Dental Association or a successor organization. In 36.15 the case of examinations conducted pursuant to section 150A.03, 36.16 subdivision 1, applicants mayshall take the examination prior 36.17 to applying to the board for licensure. The examination shall 36.18 include an examination of the applicant's knowledge of the laws 36.19 of Minnesota relating to dentistry and the rules of the board. 36.20 An applicant is ineligible to retake the clinical examination 36.21 required by the board after failing it twice until further 36.22 education and training are obtained as specified by the board by 36.23 rule. A separate, nonrefundable fee may be charged for each 36.24 time a person applies. An applicant who passes the examination 36.25 in compliance with subdivision 2b, abides by professional 36.26 ethical conduct requirements, and meets all other requirements 36.27 of the board shall be licensed to practice dentistry 36.28 and supplied withgranted a general dentist license by the board. 36.29 Subd. 1a. [FACULTY DENTISTS.] (a) Faculty members of a 36.30 school of dentistry must be licensed or registeredin order to 36.31 practice dentistry as defined in section 150A.05. The board may 36.32 issue to members of the faculty of a school of dentistry a 36.33 license designated as either a "limited faculty license" or a 36.34 "full faculty license" entitling the holder to practice 36.35 dentistry within the terms described in paragraph (b) or (c). 36.36 The dean of thea school of dentistry and program directors of 37.1 accrediteda Minnesota dental hygiene or dental assisting 37.2 schoolsschool accredited by the Commission on Dental 37.3 Accreditation of the American Dental Association shall certify 37.4 to the board those members of the school's faculty who practice 37.5 dentistry but are not licensed to practice dentistry in 37.6 Minnesota. A faculty member who practices dentistry as defined 37.7 in section 150A.05, before beginning duties in thea school of 37.8 dentistry or a dental hygiene or dental assisting school, shall 37.9 apply to the board for a limited or full faculty license. The 37.10 license expires the next July 1 and may, at the discretion of 37.11 the board, be renewed on a yearly basis. The faculty applicant 37.12 shall pay a nonrefundable fee set by the board for issuing and 37.13 renewing the faculty license. The faculty license is valid 37.14 during the time the holder remains a member of the faculty of a 37.15 school of dentistry or a dental hygiene or dental assisting 37.16 school and subjects the holder to this chapter. 37.17 (b) The board may issue to dentist members of the faculty 37.18 of an accrediteda Minnesota school of dentistry, dental 37.19 hygiene, or dental assisting accredited by the Commission on 37.20 Dental Accreditation of the American Dental Association, a 37.21 license designated as a limited faculty license entitling the 37.22 holder to practice dentistry within the school and its 37.23 affiliated teaching facilities, but only for the purposes 37.24 of instructingteaching or conducting research. The practice of 37.25 dentistry at a school facility for purposes other than 37.26 instructionteaching or research is not allowed unless the 37.27 faculty member is licensed under subdivision 1 or isdentist was 37.28 a faculty member on August 1, 1993. 37.29 (c) The board may issue to dentist members of the faculty 37.30 of an accrediteda Minnesota school of dentistry, dental 37.31 hygiene, or dental assisting accredited by the Commission on 37.32 Dental Accreditation of the American Dental Association, a 37.33 license designated as a full faculty license entitling the 37.34 holder to practice dentistry within the school and its 37.35 affiliated teaching facilities and elsewhere if the holder of 37.36 the license is employed 50 percent time or more by the school in 38.1 the practice of teaching or research, and upon successful review 38.2 by the board of the applicant's qualifications as described in 38.3 subdivisions 1, 1c, and 4, and board rule. The board, at its 38.4 discretion, may waive specific licensing prerequisites. 38.5 Subd. 1b. [RESIDENT DENTISTS.] A person who is a graduate 38.6 of a dental school and is an enrolled graduate student or 38.7 student of an accredited advanced dental education program and 38.8 who is not licensed to practice dentistry in the state shall 38.9 obtain from the board a license to practice dentistry as a 38.10 resident dentist. The license must be designated "resident 38.11 dentist license" and authorizes the licensee to practice 38.12 dentistry only under the supervision of a licensed dentist. A 38.13 resident dentist license must be renewed annually pursuant to 38.14 the board's rules. An applicant for a resident dentist license 38.15 shall pay a nonrefundable fee set by the board for issuing and 38.16 renewing the license. The requirements of sections 150A.01 to 38.17 150A.21 apply to resident dentists except as specified in rules 38.18 adopted by the board. A resident dentist license does not 38.19 qualify a person for licensure under subdivision 1. This38.20 subdivision takes effect on September 1 following the date that38.21 the rules adopted under this subdivision become effective.38.22 Subd. 1c. [SPECIALTY DENTISTS.] (a) The board may grant a 38.23 specialty license in the followingspecialty areas of dentistry :38.24 (1) endodontics;38.25 (2) oral and maxillofacial surgery;38.26 (3) oral pathology;38.27 (4) orthodontics;38.28 (5) pediatric dentistry;38.29 (6) periodontics;38.30 (7) prosthodontics; and38.31 (8) public healththat are recognized by the American 38.32 Dental Association. 38.33 (b) Notwithstanding section 147.081, subdivision 3, a38.34 person practicing in the specialty area of oral and38.35 maxillofacial surgery must either be licensed by the board under38.36 subdivision 1, or have a specialty license in the oral and39.1 maxillofacial surgery specialty area. Notwithstanding paragraph39.2 (c), an oral and maxillofacial surgery specialty license may be39.3 issued to a person not licensed under subdivision 1.An 39.4 applicant for a specialty license shall: 39.5 (1) have successfully completed a postdoctoral specialty 39.6 education program accredited by the Commission on Dental 39.7 Accreditation of the American Dental Association, or have 39.8 announced a limitation of practice before 1967; 39.9 (2) have been certified by a specialty examining board 39.10 approved by the Minnesota Board of Dentistry, or provide 39.11 evidence of having passed a clinical examination for licensure 39.12 required for practice in any state or Canadian province, or in 39.13 the case of oral and maxillofacial surgeons only, have a 39.14 Minnesota medical license in good standing; 39.15 (3) have been in active practice or a postdoctoral 39.16 specialty education program or United States government service 39.17 at least 2,000 hours in the 36 months prior to applying for a 39.18 specialty license; 39.19 (4) if determined necessary by the board, be interviewed by 39.20 a committee of the board, which may include the assistance of 39.21 specialists in the evaluation process, and satisfactorily 39.22 respond to questions designed to determine the applicant's 39.23 knowledge of dental subjects and ability to practice; 39.24 (5) if requested by the board, present complete records on 39.25 a sample of patients treated by the applicant. The sample must 39.26 be drawn from patients treated by the applicant during the 36 39.27 months preceding the date of application. The number of records 39.28 shall be established by the board. The records shall be 39.29 reasonably representative of the treatment typically provided by 39.30 the applicant; 39.31 (6) at board discretion, pass a board-approved English 39.32 proficiency test if English is not the applicant's primary 39.33 language; 39.34 (7) pass all components of the National Dental Board 39.35 examinations; 39.36 (8) pass the Minnesota Board of Dentistry jurisprudence 40.1 examination; 40.2 (9) abide by professional ethical conduct requirements; and 40.3 (10) meet all other requirements prescribed by the Board of 40.4 Dentistry. 40.5 (c) An applicant for a specialty license shallThe 40.6 application must include: 40.7 (1) have successfully completed an advanced education40.8 program approved by the Commission on Accreditation in one of40.9 the specialty areas;40.10 (2) have announced a limitation of practice before 1967; or40.11 (3) have been certified by a specialty examining board40.12 approved by the board.40.13 The board shall also require the applicant to be licensed40.14 under subdivision 1 or have an equivalent license in another40.15 state as determined by the board, meet all other requirements40.16 prescribed by the board, and pay a nonrefundable fee set by the40.17 board.40.18 (1) a completed application furnished by the board; 40.19 (2) at least two character references from two different 40.20 dentists, one of whom must be a dentist practicing in the same 40.21 specialty area, and the other the director of the specialty 40.22 program attended; 40.23 (3) a licensed physician's statement attesting to the 40.24 applicant's physical and mental condition; 40.25 (4) a statement from a licensed ophthalmologist or 40.26 optometrist attesting to the applicant's visual acuity; 40.27 (5) a nonrefundable fee set by the board; and 40.28 (6) a notarized, unmounted passport-type photograph, three 40.29 inches by three inches, taken not more than six months before 40.30 the date of application. 40.31 (d) A dentist with an equivalent license in another state40.32 and a specialty license in Minnesota is limited in Minnesota to40.33 practicing only in the specialty license area as defined by the40.34 board.A specialty dentist holding a specialty license is 40.35 limited to practicing in the dentist's designated specialty 40.36 area. The scope of practice must be defined by each national 41.1 specialty board recognized by the American Dental Association. 41.2 (e) A specialty dentist holding a general dentist license 41.3 is limited to practicing in the dentist's designated specialty 41.4 area if the dentist has announced a limitation of practice. The 41.5 scope of practice must be defined by each national specialty 41.6 board recognized by the American Dental Association. 41.7 (f) All specialty dentists who have fulfilled the specialty 41.8 dentist requirements and who intend to limit their practice to a 41.9 particular specialty area may apply for a specialty license. 41.10 Subd. 2. [DENTAL HYGIENISTS.] A person of good moral 41.11 character not already a licensed dental hygienist of this state, 41.12 who has graduated from a dental hygiene program established in41.13 an institution that is accredited by an accrediting agency41.14 recognized by the United States Department of Education to offer41.15 college-level programsaccredited by the Commission on Dental 41.16 Accreditation of the American Dental Association and established 41.17 in an institution accredited by an agency recognized by the 41.18 United States Department of Education to offer college-level 41.19 programs may apply for licensure. The dental hygiene program 41.20 must provide a minimum of two academic years of dental 41.21 hygiene curriculum and be accredited by the American Dental41.22 Association Commission on Dental Accreditationeducation. The 41.23 applicant must submit an application and fee as prescribed by 41.24 the board and a diploma or certificate of dental hygiene. Prior 41.25 to being licensed, the applicant must pass the National Board of 41.26 Dental Hygiene examination and a board approved examination 41.27 designed to determine the applicant's clinical competency. In 41.28 the case of examinations conducted pursuant to section 150A.03, 41.29 subdivision 1, applicants mayshall take the examination before 41.30 applying to the board for licensure. The applicant must also 41.31 pass an examination testing the applicant's knowledge of the 41.32 laws of Minnesota relating to the practice of dentistry and of 41.33 the rules of the board. An applicant is ineligible to retake 41.34 the clinical examination required by the board after failing it 41.35 twice until further education and training are obtained as 41.36 specified by theboard byrule. A separate, nonrefundable fee 42.1 may be charged for each time a person applies. An applicant who 42.2 passes the examination in compliance with subdivision 2b, abides 42.3 by professional ethical conduct requirements, and meets all the 42.4 other requirements of the board shall be licensed as a dental 42.5 hygienist and supplied with a license by the board. 42.6 Subd. 2a. [ REGISTEREDDENTAL ASSISTANTASSISTANTS.] A 42.7 person of good moral character, who has submittedgraduated from 42.8 a dental assisting program accredited by the Commission on 42.9 Dental Accreditation of the American Dental Association may 42.10 apply for registration. The applicant must submit an 42.11 application and fee as prescribed by the board and the diploma 42.12 or equivalent awarded to the person by a training school42.13 forcertificate of dental assistants or its equivalent approved42.14 by the board, may be examined by the board or by an agency42.15 pursuant to section 150A.03, subdivision 1, in a manner to test42.16 the applicant's fitness to perform as a registered dental42.17 assistantassisting. In the case of examinations conducted 42.18 pursuant to section 150A.03, subdivision 1, applicants mayshall 42.19 take the examination before applying to the board 42.20 for registrationlicensure. The examination shall include an 42.21 examination of the applicant's knowledge of the laws of 42.22 Minnesota relating to dentistry and the rules of the board. An 42.23 applicant is ineligible to retake the clinicallicense 42.24 examination required by the board after failing it twice until 42.25 further education and training are obtained as specified by the42.26 board byrule. A separate, nonrefundable fee may be charged for 42.27 each time a person applies. An applicant who passes the 42.28 examination in compliance with subdivision 2b, abides by 42.29 professional ethical conduct requirements, and meets all the 42.30 other requirements of the board shall be registeredlicensed as 42.31 a dental assistant. The examination fee set by the board in42.32 rule is the application fee until the board amends, repeals, or42.33 otherwise changes the rules pursuant to chapter 14.42.34 Subd. 2b. [EXAMINATION.] When the Board members administer42.35 of Dentistry administers the examination for licensure or42.36 registration, only those board members or board-appointed deputy 43.1 examiners qualified for the particular examination may 43.2 administer it. An examination which the board requires as a 43.3 condition of licensure or registrationmust have been taken 43.4 within the five years before the board receives the application 43.5 for licensure or registration. 43.6 Subd. 2c. [GUEST LICENSE OR REGISTRATION.] (a) The board 43.7 shall grant a guest license to practice as a dentist or, dental 43.8 hygienist, or a guest registration to practice as adental 43.9 assistant if the following conditions are met: 43.10 (1) the dentist, dental hygienist, or dental assistant is 43.11 currently licensed or registeredin good standing in North 43.12 Dakota, South Dakota, Iowa, or Wisconsin; 43.13 (2) the dentist, dental hygienist, or dental assistant is 43.14 currently engaged in the practice of that person's respective 43.15 profession in North Dakota, South Dakota, Iowa, or Wisconsin; 43.16 (3) the dentist, dental hygienist, or dental assistant is43.17 seeking towill limit that person's practice into a public 43.18 health setting in Minnesota that (i) is approved by the board; 43.19 (ii) was established by a nonprofit organization that is tax 43.20 exempt under chapter 501(c)(3) of the Internal Revenue Code of 43.21 1986; and (iii) provides dental care to patients who have 43.22 difficulty accessing dental care; 43.23 (4) the dentist, dental hygienist, or dental assistant 43.24 agrees to treat indigent patients who meet the eligibility 43.25 criteria established by the clinic; and 43.26 (5) the dentist, dental hygienist, or dental assistant has 43.27 applied to the board for a guest license or registration,43.28 providing evidence of being currently licensed or registered in43.29 good standing in North Dakota, South Dakota, Iowa, or Wisconsin,43.30 and has paid a nonrefundable license fee to the board of $50not 43.31 to exceed $75. 43.32 (b) A dentist, dental hygienist, or dental assistant43.33 practicing under a guest license or registration may only43.34 practice at a single, specific location in Minnesota.A guest 43.35 license or registrationmust be renewed annually with the board 43.36 and pay an annual renewal fee of $50 must be paid to the board.44.1 If the clinic in Minnesota at which a dentist, dental hygienist,44.2 or dental assistant seeks to practice permanently ceases44.3 operation, the guest license or registration issued under this44.4 subdivision is automatically revokednot to exceed $75. 44.5 (c) A dentist, dental hygienist, or dental assistant 44.6 practicing under a guest license or registrationunder this 44.7 subdivision shall have the same obligations as a dentist, dental 44.8 hygienist, or dental assistant who is licensed in Minnesota and 44.9 shall be subject to the laws and rules of Minnesota and the 44.10 regulatory authority of the board. If the board suspends or 44.11 revokes the guest license or registrationof, or otherwise 44.12 disciplines, a dentist, dental hygienist, or dental assistant 44.13 practicing under this subdivision, the board shall promptly 44.14 report such disciplinary action to the dentist's, dental 44.15 hygienist's, or dental assistant's regulatory board in the 44.16 border state. 44.17 Subd. 2d. [VOLUNTEER AND RETIRED DENTISTS, DENTAL 44.18 HYGIENISTS, AND REGISTERED DENTAL ASSISTANTS CONTINUING 44.19 EDUCATION AND PROFESSIONAL DEVELOPMENT WAIVER.] (a) The board 44.20 shall grant a waiver to the continuing education requirements 44.21 under this chapter for a licensed dentist, licensed dental 44.22 hygienist, or registeredlicensed dental assistant who documents 44.23 to the satisfaction of the board that the dentist, dental 44.24 hygienist, or registereddental assistant has retired from 44.25 active practice in the state and limits the provision of dental 44.26 care services to those offered without compensation in a public 44.27 health, community, or tribal clinic or a nonprofit organization 44.28 that provides services to the indigent or to recipients of 44.29 medical assistance, general assistance medical care, or 44.30 MinnesotaCare programs. 44.31 (b) The board may require written documentation from the 44.32 volunteer and retired dentist, dental hygienist, or registered44.33 dental assistant prior to granting this waiver. 44.34 (c) The board shall require the volunteer and retired 44.35 dentist, dental hygienist, or registereddental assistant to 44.36 meet the following requirements: 45.1 (1) a licensee or registrantseeking a waiver under this 45.2 subdivision must complete and document at least five hours of 45.3 approved courses in infection control, medical emergencies, and 45.4 medical management for the continuing education cycle; and 45.5 (2) provide documentation of certification in advanced or 45.6 basic cardiac life support recognized by the American Heart 45.7 Association, the American Red Cross, or an equivalent entity. 45.8 Subd. 3. [WAIVER OF EXAMINATION.] (a) All or any part of 45.9 the examination for dentists or dental hygienists, except that 45.10 pertaining to the law of Minnesota relating to dentistry and the 45.11 rules of the board, may, at the discretion of the board, be 45.12 waived for an applicant who presents a certificate of 45.13 qualification from the National Board of Dental Examiners or 45.14 evidence of having maintained an adequate scholastic standing as 45.15 determined by the board, in dental school as to dentists, or 45.16 dental hygiene school as to dental hygienists. 45.17 (b) Effective January 1, 2004,The board shall waive the 45.18 clinical examination required for licensure for any dentist 45.19 applicant who is a graduate of a dental school accredited by the 45.20 Commission on Dental Accreditation of the American Dental 45.21 Association or an equivalent organization as determined by the45.22 board, who has successfully completed parts I and IIall 45.23 components of the National boardsDental Board examination, and 45.24 who has satisfactorily completed a Minnesota-based postdoctoral 45.25 general dentistry residency program (GPR) or an advanced 45.26 education in general dentistry (AEGD) program after January 1, 45.27 2004. The postdoctoral program must be accredited by the 45.28 Commission on Dental Accreditation of the American Dental 45.29 Association if the program is of at least one year's duration 45.30 and includes an outcome assessment evaluation assessing the 45.31 resident's competence to practice dentistry. The board may 45.32 require the applicant to submit any information deemed necessary 45.33 by the board to determine whether the waiver is applicable. The 45.34 board may waive the clinical examination for an applicant who 45.35 meets the requirements of this paragraph and has satisfactorily 45.36 completed an accredited postdoctoral general dentistry residency 46.1 program located outside of Minnesota. 46.2 Subd. 4. [LICENSURE BY CREDENTIALS.] (a) Any person who is46.3 lawfully practicing dentistry or dental hygiene in another state46.4 or Canadian province having and maintaining a standard of46.5 examination for licensure and of laws regulating the practice46.6 within that state or Canadian province, substantially equivalent46.7 to Minnesota's, as determined by the board, who is a reputable46.8 dentist or dental hygienist of good moral character, and who46.9 deposits, in person, with the Board of Dentistry a certificate46.10 from the Board of Dentistry of the state or Canadian province in46.11 which the applicant is licensed, certifying to the fact of46.12 licensure and that the applicant is of good moral character and46.13 professional attainments, shall, upon payment of the fee46.14 established by the board, be interviewed by the board. The46.15 interview shall consist of assessing the applicant's knowledge46.16 of dental subjects. If the applicant does not demonstrate the46.17 minimum knowledge in dental subjects required for licensure46.18 under subdivisions 1 and 2, the application shall be denied.46.19 When denying a license, the board may notify the applicant of46.20 any specific course that the applicant could take which, if46.21 passed, would qualify the applicant for licensure. The denial46.22 shall not prohibit the applicant from applying for licensure46.23 under subdivisions 1 and 2. If the applicant demonstrates the46.24 minimum knowledge in dental subjects required for licensure46.25 under subdivisions 1 and 2 and meets the other requirements of46.26 this subdivision, a license shall be granted to practice in this46.27 state, if the applicant passes an examination on the laws of46.28 Minnesota relating to dentistry and the rules of the Board of46.29 Dentistry.dentist or dental hygienist may, upon application and 46.30 payment of a fee established by the board, apply for licensure 46.31 based on their performance record in lieu of passing a 46.32 board-approved examination as defined in section 150A.03, 46.33 subdivision 1, and be interviewed by the board to determine if 46.34 the applicant: 46.35 (1) has been in active practice at least 2,000 hours within 46.36 36 months of the application date, or passed a board-approved 47.1 re-entry program within 36 months of the application date; 47.2 (2) currently has a license in another state or Canadian 47.3 province and is not subject to any pending or final disciplinary 47.4 action, or if not currently licensed, previously had a license 47.5 in another state or Canadian province in good standing that was 47.6 not subject to any final or pending disciplinary action at the 47.7 time of surrender; 47.8 (3) is of good moral character and abides by professional 47.9 ethical conduct requirements; 47.10 (4) at board discretion, has passed a board-approved 47.11 English proficiency test if English is not the applicant's 47.12 primary language; and 47.13 (5) meets other credentialing requirements specified in 47.14 board rule. 47.15 (b) An applicant who fulfills the conditions of this 47.16 subdivision and demonstrates the minimum knowledge in dental 47.17 subjects required for licensure under subdivision 1 or 2 must be 47.18 licensed to practice the applicant's profession. 47.19 (c) If the applicant does not demonstrate the minimum 47.20 knowledge in dental subjects required for licensure under 47.21 subdivision 1 or 2, the application must be denied. When 47.22 denying a license, the board may notify the applicant of any 47.23 specific remedy that the applicant could take which, when 47.24 passed, would qualify the applicant for licensure. A denial 47.25 does not prohibit the applicant from applying for licensure 47.26 under subdivision 1 or 2. 47.27 (d) A candidate whose application has been denied may 47.28 appeal the decision to the board according to subdivision 4a. 47.29 Subd. 4a. [APPEAL OF DENIAL OF APPLICATION.] A person 47.30 whose application for licensure by credentials has been denied 47.31 may appeal the decision to the board. The board shall establish 47.32 an appeals process and inform a denied candidate of the right to 47.33 appeal and the process for filing the appeal. 47.34 Subd. 5. [FRAUD IN SECURING LICENSES.] Every person 47.35 implicated in employing fraud or deception in applying for or 47.36 securing a license to practice dentistry or, dental hygiene, or 48.1 in applying for or securing a registration to practicedental 48.2 assisting or in annually registeringrenewing a license or48.3 registrationunder sections 150A.01 to 150A.12 is guilty of a 48.4 gross misdemeanor. 48.5 Subd. 6. [DISPLAY OF NAME AND CERTIFICATES.] The name,48.6 initial license certificate,and annual registration certificate48.7 subsequent renewal of every licenseddentist, dental hygienist, 48.8 or registereddental assistant shall be conspicuously displayed 48.9 in every office in which that person practices, in plain sight 48.10 of patients. If there is more than one dentist, dental48.11 hygienist, or registered dental assistant practicing or employed48.12 in any office, the manager or proprietor of the office shall48.13 display in plain sight the name, license certificate and annual48.14 registration certificate of each dentist, dental hygienist, or48.15 registered dental assistant practicing or employed there.Near 48.16 or on the entrance door to every office where dentistry is 48.17 practiced, the name of each dentist practicing there, as 48.18 inscribed on the current license certificate and annual48.19 registration certificate of each dentist, shall be displayed in 48.20 plain sight. 48.21 Subd. 7. [ADDITIONAL REMEDIES FOR LICENSURE.] On a 48.22 case-by-case basis, for initial or renewal of licensure, the 48.23 board may add additional remedies for deficiencies found based 48.24 on the applicant's performance, character, and education. 48.25 Subd. 8. [LICENSURE BY CREDENTIALS.] (a) Any dental 48.26 assistant may, upon application and payment of a fee established 48.27 by the board, apply for licensure based on an evaluation of 48.28 their education, experience, and performance record in lieu of 48.29 completing a board-approved dental assisting program for 48.30 expanded functions as defined in rule, and may be interviewed by 48.31 the board to determine if the applicant: 48.32 (1) has graduated from an accredited dental assisting 48.33 program accredited by the Commission of Dental Accreditation of 48.34 the American Dental Association, or is currently certified by 48.35 the Dental Assisting National Board; 48.36 (2) is not subject to any pending or final disciplinary 49.1 action in another state or Canadian province, or if not 49.2 currently certified, licensed, or registered, previously had a 49.3 certification, licensure, or registration in another state or 49.4 Canadian province in good standing that was not subject to any 49.5 final or pending disciplinary action at the time of surrender; 49.6 (3) is of good moral character and abides by professional 49.7 ethical conduct requirements; 49.8 (4) at board discretion, has passed a board-approved 49.9 English proficiency test if English is not the applicant's 49.10 primary language; and 49.11 (5) has met all expanded functions curriculum equivalency 49.12 requirements of a Minnesota board-approved dental assisting 49.13 program. 49.14 (b) The board, at its discretion, may waive specific 49.15 licensure requirements in paragraph (a). 49.16 (c) An applicant who fulfills the conditions of this 49.17 subdivision and demonstrates the minimum knowledge in dental 49.18 subjects required for licensure under subdivision 2a must be 49.19 licensed to practice the applicant's profession. 49.20 (d) If the applicant does not demonstrate the minimum 49.21 knowledge in dental subjects required for licensure under 49.22 subdivision 2a, the application must be denied. If licensure is 49.23 denied, the board may notify the applicant of any specific 49.24 remedy that the applicant could take, which when passed, would 49.25 qualify the applicant for licensure. A denial does not prohibit 49.26 the applicant from applying for licensure under subdivision 2a. 49.27 (e) A candidate whose application has been denied may 49.28 appeal the decision to the board according to subdivision 4a. 49.29 Sec. 10. Minnesota Statutes 2002, section 150A.08, 49.30 subdivision 1, is amended to read: 49.31 Subdivision 1. [GROUNDS.] The board may refuse or by order 49.32 suspend or revoke, limit or modify by imposing conditions it 49.33 deems necessary, any license to practice dentistry or, dental 49.34 hygiene, or the registration of anydental assistantassisting 49.35 upon any of the following grounds: 49.36 (1) fraud or deception in connection with the practice of 50.1 dentistry or the securing of a license or annual registration50.2 certificate; 50.3 (2) conviction, including a finding or verdict of guilt, an 50.4 admission of guilt, or a no contest plea, in any court of a 50.5 felony or gross misdemeanor reasonably related to the practice 50.6 of dentistry as evidenced by a certified copy of the conviction; 50.7 (3) conviction, including a finding or verdict of guilt, an 50.8 admission of guilt, or a no contest plea, in any court of an 50.9 offense involving moral turpitude as evidenced by a certified 50.10 copy of the conviction; 50.11 (4) habitual overindulgence in the use of intoxicating 50.12 liquors; 50.13 (5) improper or unauthorized prescription, dispensing, 50.14 administering, or personal or other use of any legend drug as 50.15 defined in chapter 151, of any chemical as defined in chapter 50.16 151, or of any controlled substance as defined in chapter 152; 50.17 (6) conduct unbecoming a person licensed to practice 50.18 dentistry or, dental hygiene, or registered as adental 50.19 assistantassisting, or conduct contrary to the best interest of 50.20 the public, as such conduct is defined by the rules of the 50.21 board; 50.22 (7) gross immorality; 50.23 (8) any physical, mental, emotional, or other disability 50.24 which adversely affects a dentist's, dental hygienist's, or 50.25 registeredlicensed dental assistant's ability to perform the 50.26 service for which the person is licensed or registered; 50.27 (9) revocation or suspension of a license, registration,or 50.28 equivalent authority to practice, or other disciplinary action 50.29 or denial of a license or registrationapplication taken by a 50.30 licensing, registering, or credentialing authority of another 50.31 state, territory, or country as evidenced by a certified copy of 50.32 the licensing authority's order, if the disciplinary action or 50.33 application denial was based on facts that would provide a basis 50.34 for disciplinary action under this chapter and if the action was 50.35 taken only after affording the credentialed person or applicant 50.36 notice and opportunity to refute the allegations or pursuant to 51.1 stipulation or other agreement; 51.2 (10) failure to maintain adequate safety and sanitary 51.3 conditions for a dental office in accordance with the standards 51.4 established by the rules of the board; 51.5 (11) failure to maintain malpractice insurance related to 51.6 the practice of dentistry; 51.7 (12) employing, assisting, or enabling in any manner an 51.8 unlicensed person to practice dentistry; 51.9 (12)(13) failure or refusal to attend, testify, and 51.10 produce records as directed by the board under subdivision 7; 51.11 (13)(14) violation of, or failure to comply with, any 51.12 other provisions of sections 150A.01 to 150A.12, the rules of 51.13 the Board of Dentistry, or any disciplinary order issued by the 51.14 board, section 144.335 or 595.02, subdivision 1, paragraph (d), 51.15 or for any other just cause related to the practice of 51.16 dentistry. Suspension, revocation, modification or limitation 51.17 of any license shall not be based upon any judgment as to 51.18 therapeutic or monetary value of any individual drug prescribed 51.19 or any individual treatment rendered, but only upon a repeated 51.20 pattern of conduct; 51.21 (14)(15) knowingly providing false or misleading 51.22 information that is directly related to the care of that patient 51.23 unless done for an accepted therapeutic purpose such as the 51.24 administration of a placebo; or 51.25 (15)(16) aiding suicide or aiding attempted suicide in 51.26 violation of section 609.215 as established by any of the 51.27 following: 51.28 (i) a copy of the record of criminal conviction or plea of 51.29 guilty for a felony in violation of section 609.215, subdivision 51.30 1 or 2; 51.31 (ii) a copy of the record of a judgment of contempt of 51.32 court for violating an injunction issued under section 609.215, 51.33 subdivision 4; 51.34 (iii) a copy of the record of a judgment assessing damages 51.35 under section 609.215, subdivision 5; or 51.36 (iv) a finding by the board that the person violated 52.1 section 609.215, subdivision 1 or 2. The board shall 52.2 investigate any complaint of a violation of section 609.215, 52.3 subdivision 1 or 2. 52.4 Sec. 11. Minnesota Statutes 2003 Supplement, section 52.5 150A.08, subdivision 3, is amended to read: 52.6 Subd. 3. [REINSTATEMENT.] Any licensee or registrantwhose 52.7 license or registrationhas been suspended or revoked may have 52.8 the license or registrationreinstated or a new license or52.9 registrationissued, as the case may be, when the board deems 52.10 the action is warranted. 52.11 Sec. 12. Minnesota Statutes 2002, section 150A.08, 52.12 subdivision 4, is amended to read: 52.13 Subd. 4. [RECORDS.] The executive secretary of the board 52.14 shall keep a record of all licenses and registration52.15 certificatesissued, suspended, or revoked. 52.16 Sec. 13. Minnesota Statutes 2002, section 150A.08, 52.17 subdivision 5, is amended to read: 52.18 Subd. 5. [MEDICAL EXAMINATIONS.] If the board has probable 52.19 cause to believe that a dentist, dental hygienist, registered52.20 dental assistant, or applicant engages in acts described in 52.21 subdivision 1, clause (4) or (5), or has a condition described 52.22 in subdivision 1, clause (8), it shall direct the dentist, 52.23 dental hygienist, dental assistant, or applicant to submit to a 52.24 mental or physical examination or a chemical dependency 52.25 assessment. For the purpose of this subdivision, every dentist, 52.26 hygienist, or assistant licensed or registeredunder this 52.27 chapter or person submitting an application for a license or52.28 registrationis deemed to have given consent to submit to a 52.29 mental or physical examination when directed in writing by the 52.30 board and to have waived all objections in any proceeding under 52.31 this section to the admissibility of the examining physician's 52.32 testimony or examination reports on the ground that they 52.33 constitute a privileged communication. Failure to submit to an 52.34 examination without just cause may result in an application 52.35 being denied or a default and final order being entered without 52.36 the taking of testimony or presentation of evidence, other than 53.1 evidence which may be submitted by affidavit, that the licensee ,53.2 registrant,or applicant did not submit to the examination. A 53.3 dentist, dental hygienist, registereddental assistant, or 53.4 applicant affected under this section shall at reasonable 53.5 intervals be afforded an opportunity to demonstrate ability to 53.6 start or resume the competent practice of dentistry or perform 53.7 the duties of a dental hygienist or registereddental assistant 53.8 with reasonable skill and safety to patients. In any proceeding 53.9 under this subdivision, neither the record of proceedings nor 53.10 the orders entered by the board is admissible, is subject to 53.11 subpoena, or may be used against the dentist, dental 53.12 hygienist, registereddental assistant, or applicant in any 53.13 proceeding not commenced by the board. Information obtained 53.14 under this subdivision shall be classified as private pursuant 53.15 to the Minnesota Government Data Practices Act. 53.16 Sec. 14. Minnesota Statutes 2002, section 150A.08, 53.17 subdivision 6, is amended to read: 53.18 Subd. 6. [MEDICAL RECORDS.] Notwithstanding contrary 53.19 provisions of sections 13.384 and 144.651 or any other statute 53.20 limiting access to medical or other health data, the board may 53.21 obtain medical data and health records of a licensee ,53.22 registrant,or applicant without the licensee's , registrant's,53.23 or applicant's consent if the information is requested by the 53.24 board as part of the process specified in subdivision 5. The 53.25 medical data may be requested from a provider, as defined in 53.26 section 144.335, subdivision 1, clause (b), an insurance 53.27 company, or a government agency, including the Department of 53.28 Human Services. A provider, insurance company, or government 53.29 agency shall comply with any written request of the board under 53.30 this subdivision and shall not be liable in any action for 53.31 damages for releasing the data requested by the board if the 53.32 data are released pursuant to a written request under this 53.33 subdivision, unless the information is false and the provider 53.34 giving the information knew, or had reason to believe, the 53.35 information was false. Information obtained under this 53.36 subdivision shall be classified as private under the Minnesota 54.1 Government Data Practices Act. 54.2 Sec. 15. Minnesota Statutes 2002, section 150A.08, 54.3 subdivision 8, is amended to read: 54.4 Subd. 8. [SUSPENSION OF LICENSE.] In addition to any other 54.5 remedy provided by law, the board may, through its designated 54.6 board members pursuant to section 214.10, subdivision 2, 54.7 temporarily suspend a license or registrationwithout a hearing 54.8 if the board finds that the licensee or registranthas violated 54.9 a statute or rule which the board is empowered to enforce and 54.10 continued practice by the licensee or registrantwould create an 54.11 imminent risk of harm to others. The suspension shall take 54.12 effect upon written notice to the licensee or registrantserved 54.13 by first class mail specifying the statute or rule violated, and 54.14 the time, date, and place of the hearing before the board. If 54.15 the notice is returned by the post office, the notice shall be 54.16 effective upon reasonable attempts to locate and serve the 54.17 licensee or registrant. Within ten days of service of the 54.18 notice, the board shall hold a hearing before its own members on 54.19 the sole issue of whether there is a reasonable basis to 54.20 continue, modify, or lift the suspension. Evidence presented by 54.21 the board ,or licensee , or registrant,shall be in affidavit 54.22 form only. The licensee or registrantor counsel of the 54.23 licensee or registrantmay appear for oral argument. Within 54.24 five working days after the hearing, the board shall issue its 54.25 order and, if the suspension is continued, the board shall 54.26 schedule a disciplinary hearing to be held pursuant to the 54.27 Administrative Procedure Act within 45 days of issuance of the 54.28 order. The administrative law judge shall issue a report within 54.29 30 days of the closing of the contested case hearing record. 54.30 The board shall issue a final order within 30 days of receiving 54.31 that report. The board may allow a person who was licensed by 54.32 any state to practice dentistry and whose license has been 54.33 suspended to practice dentistry under the supervision of a 54.34 licensed dentist for the purpose of demonstrating competence and 54.35 eligibility for reinstatement. 54.36 Sec. 16. Minnesota Statutes 2002, section 150A.081, 55.1 subdivision 1, is amended to read: 55.2 Subdivision 1. [ACCESS TO DATA ON LICENSEE OR REGISTRANT.] 55.3 When the board has probable cause to believe that a 55.4 licensee's or registrant'scondition meets a ground listed in 55.5 section 150A.08, subdivision 1, clause (4) or (8), it may, 55.6 notwithstanding sections 13.384, 144.651, or any other law 55.7 limiting access to medical data, obtain medical or health 55.8 records on the licensee or registrantwithout the licensee's or55.9 registrant'sconsent. The medical data may be requested from a 55.10 provider, as defined in section 144.335, subdivision 1, 55.11 paragraph (b), an insurance company, or a government agency. A 55.12 provider, insurance company, or government agency shall comply 55.13 with a written request of the board under this subdivision and 55.14 is not liable in any action for damages for releasing the data 55.15 requested by the board if the data are released under the 55.16 written request, unless the information is false and the entity 55.17 providing the information knew, or had reason to believe, the 55.18 information was false. 55.19 Sec. 17. Minnesota Statutes 2002, section 150A.081, 55.20 subdivision 2, is amended to read: 55.21 Subd. 2. [ACCESS TO DATA ON PATIENTS.] The board has 55.22 access to medical records of a patient treated by a licensee or55.23 registrantunder review if the patient signs a written consent 55.24 permitting access. If the patient has not given consent, the 55.25 licensee or registrantmust delete data from which a patient may 55.26 be identified before releasing medical records to the board. 55.27 Sec. 18. Minnesota Statutes 2002, section 150A.09, 55.28 subdivision 1, is amended to read: 55.29 Subdivision 1. [ REGISTRATIONRENEWAL INFORMATION AND 55.30 PROCEDURE.] On or before the license or registration certificate55.31 expiration date, every licensed dentist, dental hygienist, 55.32 and registereddental assistant shall transmit to the executive 55.33 secretary of the board, pertinent information required by the 55.34 board, together with the fee established by the board. At least 55.35 30 days before a license or registration certificateexpiration 55.36 date, the board shall send a written notice stating the amount 56.1 and due date of the fee and the information to be provided to 56.2 every licensed dentist, dental hygienist, and registereddental 56.3 assistant. 56.4 Sec. 19. Minnesota Statutes 2002, section 150A.09, 56.5 subdivision 3, is amended to read: 56.6 Subd. 3. [CURRENT ADDRESS, CHANGE OF ADDRESS.] Every 56.7 dentist, dental hygienist, and registereddental assistant shall 56.8 maintain with the board a correct and current mailing address. 56.9 For dentists engaged in the practice of dentistry, the address 56.10 shall be that of the location of the primary dental practice. 56.11 Within 30 days after changing addresses, every dentist, dental 56.12 hygienist, and registereddental assistant shall provide the 56.13 board written notice of the new address either personally or by 56.14 first class mail. 56.15 Sec. 20. Minnesota Statutes 2002, section 150A.09, 56.16 subdivision 4, is amended to read: 56.17 Subd. 4. [DUPLICATE CERTIFICATES.] Duplicate licenses or 56.18 duplicate annualcertificates of license renewal may be issued 56.19 by the board upon satisfactory proof of the need for the 56.20 duplicates and upon payment of the fee established by the board. 56.21 Sec. 21. Minnesota Statutes 2002, section 150A.09, 56.22 subdivision 5, is amended to read: 56.23 Subd. 5. [LATE FEE.] A late fee established by the board 56.24 shall be paid if the information and fee required by subdivision 56.25 1 is not received by the executive secretary of the board on or 56.26 before the registration orlicense renewal date. 56.27 Sec. 22. Minnesota Statutes 2002, section 150A.10, 56.28 subdivision 2, is amended to read: 56.29 Subd. 2. [DENTAL ASSISTANTS AND DENTAL AIDES.] Every 56.30 licensed dentist who uses the services of any unlicensed56.31 persona licensed dental assistant or a dental aide for the 56.32 purpose of assistance in the practice of dentistry shall be 56.33 responsible for the acts of such unlicensedperson while engaged 56.34 in such assistance. Such dentist shall permit such unlicensed56.35 assistant to perform only those acts which are authorized to be56.36 delegated to unlicensed assistants by the Board of DentistryA 57.1 licensed dental assistant may provide any service delegated by a 57.2 licensed dentist as permitted by the rules of the board. A 57.3 dental aide may only perform those services that are authorized 57.4 to be delegated by a licensed dentist to a dental aide by the 57.5 Board of Dentistry. Such actsservices shall be performed under 57.6 supervision of a licensed dentist. The board may permit 57.7 differing levels of dental assistance based upon recognized 57.8 educational standards, approved by the board, for the training 57.9 of dental assistants. The board may also define by rule the 57.10 scope of practice of registered and nonregisteredlicensed 57.11 dental assistants and dental aides. The board by rule may 57.12 require continuing education for differing levels of dental 57.13 assistants and dental aides, as a condition to 57.14 their registrationlicensure or authority to perform their 57.15 authorized duties. Any licensed dentist who shall permit such57.16 unlicensedpermits a licensed dental assistant or a dental aide 57.17 to perform any dental service other than thatthose authorized 57.18 by the board shall be deemed to be enabling an unlicensed person 57.19 to practice dentistry, and commission of such an act by such57.20 unlicenseda licensed assistant or a dental aide shall 57.21 constitute a violation of sections 150A.01 to 150A.12. 57.22 Sec. 23. Minnesota Statutes 2002, section 214.18, 57.23 subdivision 5, is amended to read: 57.24 Subd. 5. [REGULATED PERSON.] "Regulated person" means a 57.25 licensed dental hygienist, dentist, physician, nurse who is 57.26 currently registered as a registered nurse or licensed practical 57.27 nurse, podiatrist, a registeredor dental assistant, a 57.28 physician's assistant, and for purposes of sections 214.19, 57.29 subdivisions 4 and 5; 214.20, paragraph (a); and 214.24, a 57.30 chiropractor. 57.31 Sec. 24. Minnesota Statutes 2002, section 352.91, 57.32 subdivision 3g, is amended to read: 57.33 Subd. 3g. [ADDITIONAL CORRECTIONS DEPARTMENT PERSONNEL.] 57.34 (a) "Covered correctional service" means service by a state 57.35 employee in one of the employment positions at the designated 57.36 Minnesota correctional facility specified in paragraph (b), 58.1 provided that at least 75 percent of the employee's working time 58.2 is spent in direct contact with inmates and the fact of this 58.3 direct contact is certified to the executive director by the 58.4 commissioner of corrections. 58.5 (b) The employment positions and correctional facilities 58.6 are: 58.7 (1) corrections discipline unit supervisor, at the 58.8 Minnesota Correctional Facility-Faribault, the Minnesota 58.9 Correctional Facility-Lino Lakes, the Minnesota Correctional 58.10 Facility-Oak Park Heights, and the Minnesota Correctional 58.11 Facility-St. Cloud; 58.12 (2) dental assistant registered, at the Minnesota 58.13 Correctional Facility-Faribault, the Minnesota Correctional 58.14 Facility-Lino Lakes, the Minnesota Correctional Facility-Moose 58.15 Lake, the Minnesota Correctional Facility-Oak Park Heights, and 58.16 the Minnesota Correctional Facility-Red Wing; 58.17 (3) dental hygienist, at the Minnesota Correctional 58.18 Facility-Shakopee; 58.19 (4) psychologist 2, at the Minnesota Correctional 58.20 Facility-Faribault, the Minnesota Correctional Facility-Lino 58.21 Lakes, the Minnesota Correctional Facility-Moose Lake, the 58.22 Minnesota Correctional Facility-Oak Park Heights, the Minnesota 58.23 Correctional Facility-Red Wing, the Minnesota Correctional 58.24 Facility-St. Cloud, the Minnesota Correctional 58.25 Facility-Shakopee, and the Minnesota Correctional 58.26 Facility-Stillwater; and 58.27 (5) sentencing to service crew leader involved with the 58.28 inmate community work crew program, at the Minnesota 58.29 Correctional Facility-Faribault and the Minnesota Correctional 58.30 Facility-Lino Lakes. 58.31 ARTICLE 5 58.32 PODIATRIC MEDICINE 58.33 Section 1. Minnesota Statutes 2002, section 153.01, 58.34 subdivision 2, is amended to read: 58.35 Subd. 2. [PODIATRIC MEDICINE.] "Podiatric medicine" means 58.36 the diagnosis or medical, mechanical, or surgical treatment of 59.1 the ailments of the human hand, foot, ankle, and the soft tissue 59.2 of the lower leg distal to the tibial tuberosity , including. 59.3 Medical or surgical treatment includes partial foot 59.4 amputation of the toe, but not includingand excludes amputation 59.5 of the foot,hand ,or fingers , or the. Use of local 59.6 anesthetics is within the scope of medical and surgical 59.7 management in patient care. Use of anesthetics, other than 59.8 local anesthetics, is excluded, except as provided in section 59.9 153.26. Podiatric medicine includes the prescribing or 59.10 recommending of appliances, devices, or shoes for the correction 59.11 or relief of foot ailments. Podiatric medicine includes the 59.12 prescribing or administering of any drugs or medications 59.13 necessary or helpful to the practice of podiatrypodiatric 59.14 medicine as defined by this subdivision , provided, however, that59.15 licensed podiatrists shall be restricted in their prescribing or59.16 administering of any drugs or medications by the limitations59.17 imposed on the scope of practice of podiatric medicine as59.18 defined in this chapter. For a podiatrist who has completed a 59.19 residency, podiatric medicine includes the performance of all or 59.20 part of the medical history and physical examination for the 59.21 purpose of hospital admission for podiatric management or 59.22 preoperative podiatric surgery. 59.23 Sec. 2. Minnesota Statutes 2002, section 153.16, 59.24 subdivision 1, is amended to read: 59.25 Subdivision 1. [LICENSE REQUIREMENTS.] The board shall 59.26 issue a license to practice podiatric medicine to a person who 59.27 meets the following requirements: 59.28 (a) The applicant for a license shall file a written 59.29 notarized application on forms provided by the board, showing to 59.30 the board's satisfaction that the applicant is of good moral 59.31 character and satisfies the requirements of this section. 59.32 (b) The applicant shall present evidence satisfactory to 59.33 the board of being a graduate of a podiatric medical school 59.34 approved by the board based upon its faculty, curriculum, 59.35 facilities, accreditation by a recognized national accrediting 59.36 organization approved by the board, and other relevant factors. 60.1 (c) The applicant must have passed an examinationreceived 60.2 a passing score on each part of the national board examinations, 60.3 parts one and two, prepared and graded by the National Board of 60.4 Podiatric Medical Examiners and also pass a state clinical60.5 examination prepared and graded by the state Board of Podiatric60.6 Medicine or a national clinical examination prepared and graded60.7 by the National Board of Podiatric Medical Examiners. The board60.8 shall by rule determine what score constitutes a passing score60.9 in each examination. The passing score for each part of the 60.10 national board examinations, parts one and two, is as defined by 60.11 the National Board of Podiatric Medical Examiners. 60.12 (d) Applicants graduating after 1986 from a podiatric 60.13 medical school shall present evidence satisfactory to the board 60.14 of the completion of (1) one year of graduate, clinical 60.15 residency or preceptorship in a program accredited by a national 60.16 accrediting organization approved by the board or (2) other 60.17 graduate training that meets standards equivalent to those of an 60.18 approved national accrediting organization or school of 60.19 podiatric medicine. 60.20 (e) The applicant shall appear in person before the board 60.21 or its designated representative to show that the applicant 60.22 satisfies the requirements of this section, including knowledge 60.23 of laws, rules, and ethics pertaining to the practice of 60.24 podiatric medicine. The board may establish as internal 60.25 operating procedures the procedures or requirements for the 60.26 applicant's personal presentation. 60.27 (f) The applicant shall pay a fee established by the board 60.28 by rule. The fee shall not be refunded. 60.29 (g) The applicant must not have engaged in conduct 60.30 warranting disciplinary action against a licensee. If the 60.31 applicant does not satisfy the requirements of this paragraph, 60.32 the board may refuse to issue a license unless it determines 60.33 that the public will be protected through issuance of a license 60.34 with conditions and limitations the board considers appropriate. 60.35 (h) Upon payment of a fee as the board may require, an 60.36 applicant who fails to pass an examination and is refused a 61.1 license is entitled to reexamination within one year of the 61.2 board's refusal to issue the license. No more than two 61.3 reexaminations are allowed without a new application for a 61.4 license. 61.5 Sec. 3. Minnesota Statutes 2002, section 153.16, 61.6 subdivision 2, is amended to read: 61.7 Subd. 2. [APPLICANTS LICENSED IN ANOTHER STATE.] The board 61.8 shall issue a license to practice podiatric medicine to any 61.9 person currently or formerly licensed to practice podiatric 61.10 medicine in another state who satisfies the requirements of this 61.11 section: 61.12 (a) The applicant shall satisfy the requirements 61.13 established in subdivision 1. 61.14 (b) The applicant shall present evidence satisfactory to 61.15 the board indicating the current status of a license to practice 61.16 podiatric medicine issued by the proper agency in another state61.17 or countryfirst state of licensure and all other states and 61.18 countries in which the individual has held a license. 61.19 (c) If the applicant must not havehas had a license 61.20 revoked, engaged in conduct warranting disciplinary action 61.21 against a licenseethe applicant's license, or been subjected to 61.22 disciplinary action, in another state . If an applicant does not61.23 satisfy the requirements of this paragraph, the board may refuse 61.24 to issue a license unless it determines that the public will be 61.25 protected through issuance of a license with conditions or 61.26 limitations the board considers appropriate. 61.27 (d) The applicant shall submit with the license application 61.28 the following additional information for the five-year period 61.29 preceding the date of filing of the application: (1) the name 61.30 and address of the applicant's professional liability insurer in 61.31 the other state; and (2) the number, date, and disposition of 61.32 any podiatric medical malpractice settlement or award made to 61.33 the plaintiff relating to the quality of podiatric medical 61.34 treatment. 61.35 (e) If the license is active, the applicant shall submit 61.36 with the license application evidence of compliance with the 62.1 continuing education requirements in the current state of 62.2 licensure. 62.3 (f) If the license is inactive, the applicant shall submit 62.4 with the license application evidence of participation in 62.5 one-half the number of hours of acceptable continuing education 62.6 required for biennial renewal, as specified under Minnesota 62.7 Rules, up to five years. If the license has been inactive for 62.8 more than two years, the amount of acceptable continuing 62.9 education required must be obtained during the two years 62.10 immediately before application or the applicant must provide 62.11 other evidence as the board may reasonably require. 62.12 Sec. 4. Minnesota Statutes 2002, section 153.19, 62.13 subdivision 1, is amended to read: 62.14 Subdivision 1. [GROUNDS LISTED.] The board may refuse to 62.15 grant a license or may impose disciplinary action as described 62.16 in this section against any doctor of podiatric medicine. The 62.17 following conduct is prohibited and is grounds for disciplinary 62.18 action: 62.19 (1) failure to demonstrate the qualifications or satisfy 62.20 the requirements for a license contained in this chapter or 62.21 rules of the board; the burden of proof shall be upon the 62.22 applicant to demonstrate the qualifications or satisfaction of 62.23 the requirements; 62.24 (2) obtaining a license by fraud or cheating or attempting 62.25 to subvert the licensing examination process; 62.26 (3) conviction, during the previous five years, of a felony 62.27 reasonably related to the practice of podiatric medicine; 62.28 (4) revocation, suspension, restriction, limitation, or 62.29 other disciplinary action against the person's podiatric medical 62.30 license in another state or jurisdiction, failure to report to 62.31 the board that charges regarding the person's license have been 62.32 brought in another state or jurisdiction, or having been refused 62.33 a license by any other state or jurisdiction; 62.34 (5) advertising that is false or misleading; 62.35 (6) violating a rule adopted by the board or an order of 62.36 the board, a state, or federal law that relates to the practice 63.1 of podiatric medicine, or in part regulates the practice of 63.2 podiatric medicine, or a state or federal narcotics or 63.3 controlled substance law; 63.4 (7) engaging in any unethical conduct; conduct likely to 63.5 deceive, defraud, or harm the public, or demonstrating a willful 63.6 or careless disregard for the health, welfare, or safety of a 63.7 patient; or podiatric medical practice that is professionally 63.8 incompetent, in that it may create unnecessary danger to any 63.9 patient's life, health, or safety, in any of which cases, proof 63.10 of actual injury need not be established; 63.11 (8) failure to supervise a preceptor or, resident, other 63.12 graduate trainee, or undergraduate student; 63.13 (9) aiding or abetting an unlicensed person in the practice 63.14 of podiatric medicine, except that it is not a violation of this 63.15 clause for a podiatrist to employ, supervise, or delegate 63.16 functions to a qualified person who may or may not be required 63.17 to obtain a license or registration to provide health services 63.18 if that person is practicing within the scope of that person's 63.19 license or registration or delegated authority; 63.20 (10) adjudication as mentally incompetent, or a person who 63.21 is mentally ill, or as a chemically dependent person, a person 63.22 dangerous to the public, a sexually dangerous person, or a 63.23 person who has a sexual psychopathic personality by a court of 63.24 competent jurisdiction, within or without this state; 63.25 (11) engaging in unprofessional conduct that includes any 63.26 departure from or the failure to conform to the minimal 63.27 standards of acceptable and prevailing podiatric medical 63.28 practice, but actual injury to a patient need not be 63.29 established; 63.30 (12) inability to practice podiatric medicine with 63.31 reasonable skill and safety to patients by reason of illness or 63.32 chemical dependency or as a result of any mental or physical 63.33 condition, including deterioration through the aging process or 63.34 loss of motor skills; 63.35 (13) revealing a privileged communication from or relating 63.36 to a patient except when otherwise required or permitted by law; 64.1 (14) improper management of medical records, including 64.2 failure to maintain adequate medical records, to comply with a 64.3 patient's request made under section 144.335 or to furnish a 64.4 medical record or report required by law; 64.5 (15) accepting, paying, or promising to pay a part of a fee 64.6 in exchange for patient referrals; 64.7 (16) engaging in abusive or fraudulent billing practices, 64.8 including violations of the federal Medicare and Medicaid laws 64.9 or state medical assistance laws; 64.10 (17) becoming addicted or habituated to a drug or 64.11 intoxicant; 64.12 (18) prescribing a drug for other than medically accepted 64.13 therapeutic or experimental or investigative purposes authorized 64.14 by a state or federal agency; 64.15 (19) engaging in sexual conduct with a patient or conduct 64.16 that may reasonably be interpreted by the patient as sexual, or 64.17 in verbal behavior which is seductive or sexually demeaning to a 64.18 patient; 64.19 (20) failure to make reports as required by section 153.24 64.20 or to cooperate with an investigation of the board as required 64.21 by section 153.20; 64.22 (21) knowingly providing false or misleading information 64.23 that is directly related to the care of that patient unless done 64.24 for an accepted therapeutic purpose such as the administration 64.25 of a placebo. 64.26 Sec. 5. Minnesota Statutes 2002, section 153.24, 64.27 subdivision 4, is amended to read: 64.28 Subd. 4. [INSURERS.] Four times a year as prescribed by64.29 the board, by the first day of the months of February, May, 64.30 August, and November of each year, each insurer authorized to 64.31 sell insurance described in section 60A.06, subdivision 1, 64.32 clause (13), and providing professional liability insurance to 64.33 podiatrists shall submit to the board a report concerning the 64.34 podiatrists against whom podiatric medical malpractice 64.35 settlements or awards have been made to the plaintiff. The 64.36 report must contain at least the following information: 65.1 (1) the total number of podiatric malpractice settlements 65.2 or awards made to the plaintiff; 65.3 (2) the date the podiatric malpractice settlements or 65.4 awards to the plaintiff were made; 65.5 (3) the allegations contained in the claim or complaint 65.6 leading to the settlements or awards made to the plaintiff; 65.7 (4) the dollar amount of each podiatric malpractice 65.8 settlement or award; 65.9 (5) the regular address of the practice of the podiatrist 65.10 against whom an award was made or with whom a settlement was 65.11 made; and 65.12 (6) the name of the podiatrist against whom an award was 65.13 made or with whom a settlement was made. 65.14 The insurance company shall, in addition to the foregoing 65.15 information, report to the board any information it has that 65.16 tends to substantiate a charge that a podiatrist may have 65.17 engaged in conduct violating the law as specified in this 65.18 chapter. 65.19 Sec. 6. Minnesota Statutes 2002, section 153.25, 65.20 subdivision 1, is amended to read: 65.21 Subdivision 1. [REPORTING.] Any person, health care 65.22 facility, business, or organization is immune from civil 65.23 liability or criminal prosecution for submitting a report to the 65.24 board under section 153.24 or for otherwise reporting to the 65.25 board violations or alleged violations of section 65.26 153.19. Reports are confidential data on individuals under 65.27 section 13.02, subdivision 3, and are privileged communications. 65.28 Sec. 7. [REPEALER.] 65.29 Minnesota Rules, parts 6900.0020, subparts 3, 3a, 9, and 65.30 10; and 6900.0400, are repealed. 65.31 ARTICLE 6 65.32 ALCOHOL AND DRUG COUNSELORS 65.33 Section 1. Minnesota Statutes 2003 Supplement, section 65.34 148C.04, subdivision 6, is amended to read: 65.35 Subd. 6. [TEMPORARY PERMIT REQUIREMENTS.] (a) The 65.36 commissioner shall issue a temporary permit to practice alcohol 66.1 and drug counseling prior to being licensed under this chapter 66.2 if the person: 66.3 (1) either: 66.4 (i) submits verification of a current and unrestricted 66.5 credential for the practice of alcohol and drug counseling from 66.6 a national certification body or a certification or licensing 66.7 body from another state, United States territory, or federally 66.8 recognized tribal authority; 66.9 (ii) submits verification of the completion of at least 64 66.10 semester credits, including 270 clock hours or 18 semester 66.11 credits of formal classroom education in alcohol and drug 66.12 counseling and at least 880 clock hours of alcohol and drug 66.13 counseling practicum from an accredited school or educational 66.14 program; or66.15 (iii) applies to renew a lapsed license according to the 66.16 requirements of section 148C.055, subdivision 3, clauses (1) and 66.17 (2), or section 148C.055, subdivision 4, clauses (1) and (2); or 66.18 (iv) meets the requirements of section 148C.11, subdivision 66.19 6, clauses (1), (2), and (5); 66.20 (2) applies, in writing, on an application form provided by 66.21 the commissioner, which includes the nonrefundable temporary 66.22 permit fee as specified in section 148C.12 and an affirmation by 66.23 the person's supervisor, as defined in paragraph (c), clause 66.24 (1), which is signed and dated by the person and the person's 66.25 supervisor; and 66.26 (3) has not been disqualified to practice temporarily on 66.27 the basis of a background investigation under section 148C.09, 66.28 subdivision 1a. 66.29 (b) The commissioner must notify the person in writing 66.30 within 90 days from the date the completed application and all 66.31 required information is received by the commissioner whether the 66.32 person is qualified to practice under this subdivision. 66.33 (c) A person practicing under this subdivision: 66.34 (1) may practice under tribal jurisdiction or under the 66.35 direct supervision of a person who is licensed under this 66.36 chapter; 67.1 (2) is subject to the Rules of Professional Conduct set by 67.2 rule; and 67.3 (3) is not subject to the continuing education requirements 67.4 of section 148C.075. 67.5 (d) A person practicing under this subdivision must use the 67.6 title or description stating or implying that the person is a 67.7 trainee engaged in the practice of alcohol and drug counseling. 67.8 (e) A person practicing under this subdivision must 67.9 annually submit a renewal application on forms provided by the 67.10 commissioner with the renewal fee required in section 148C.12, 67.11 subdivision 3, and the commissioner may renew the temporary 67.12 permit if the trainee meets the requirements of this 67.13 subdivision. A trainee may renew a practice permit no more than 67.14 five times. 67.15 (f) A temporary permit expires if not renewed, upon a 67.16 change of employment of the trainee or upon a change in 67.17 supervision, or upon the granting or denial by the commissioner 67.18 of a license. 67.19 Sec. 2. Minnesota Statutes 2003 Supplement, section 67.20 148C.075, subdivision 2, is amended to read: 67.21 Subd. 2. [CONTINUING EDUCATION REQUIREMENTS FOR LICENSEE'S 67.22 FIRST FOUR YEARS.] A licensee must, as part of meeting the clock 67.23 hour requirement of this section, obtain and document 18 hours 67.24 of cultural diversity training within the first four years after 67.25 the licensee's initial license effective date according to the 67.26 commissioner's reporting schedule. Cultural diversity training 67.27 includes gaining knowledge in areas described in Minnesota 67.28 Rules, part 4747.1100, subpart 2, and in identified population 67.29 groups defined in Minnesota Rules, part 4747.0030, subpart 20. 67.30 Sec. 3. Minnesota Statutes 2003 Supplement, section 67.31 148C.11, subdivision 6, is amended to read: 67.32 Subd. 6. [TRANSITION PERIOD FOR HOSPITAL AND CITY, COUNTY, 67.33 AND STATE AGENCY ALCOHOL AND DRUG COUNSELORS.] For the period 67.34 between July 1, 2003, and January 1, 2006, the commissioner 67.35 shall grant a license to an individual who is employed as an 67.36 alcohol and drug counselor at a Minnesota school district or 68.1 hospital, or a city, county, or state agency in Minnesota, if 68.2 the individual: 68.3 (1) was employed as an alcohol and drug counselor at 68.4 a school district, a hospital, or a city, county, or state 68.5 agency before August 1, 2002; 68.6 (2) has 8,000 hours of alcohol and drug counselor work 68.7 experience; 68.8 (3) has completed a written case presentation and 68.9 satisfactorily passed an oral examination established by the 68.10 commissioner; 68.11 (4) has satisfactorily passed a written examination as 68.12 established by the commissioner; and 68.13 (5) meets the requirements in section 148C.0351. 68.14 Sec. 4. Minnesota Statutes 2003 Supplement, section 68.15 148C.12, subdivision 2, is amended to read: 68.16 Subd. 2. [BIENNIAL RENEWAL FEE.] The license renewal fee 68.17 is $295. If the commissioner changesestablishes the renewal 68.18 schedule and the expiration date is less than two years, the fee 68.19 must be prorated. 68.20 Sec. 5. Minnesota Statutes 2003 Supplement, section 68.21 148C.12, subdivision 3, is amended to read: 68.22 Subd. 3. [TEMPORARY PERMIT FEE.] The initial fee for 68.23 applicants under section 148C.04, subdivision 6, paragraph (a), 68.24 is $100. The fee for annual renewal of a temporary permit is 68.25 $100, but when the first expiration date occurs in less or more 68.26 than one year, the fee must be prorated. 68.27 ARTICLE 7 68.28 BOARD OF BEHAVIORAL HEALTH AND THERAPY 68.29 Section 1. Minnesota Statutes 2003 Supplement, section 68.30 148B.52, is amended to read: 68.31 148B.52 [DUTIES OF THE BOARD.] 68.32 (a) The Board of Behavioral Health and Therapy shall: 68.33 (1) establish by rule appropriate techniques, including 68.34 examinations and other methods, for determining whether 68.35 applicants and licensees are qualified under sections 148B.50 to 68.36 148B.593; 69.1 (2) establish by rule standards for professional conduct, 69.2 including adoption of a Code of Professional Ethics and 69.3 requirements for continuing education and supervision; 69.4 (3) issue licenses to individuals qualified under sections 69.5 148B.50 to 148B.593; 69.6 (4) establish by rule standards for initial education 69.7 including coursework for licensure and content of professional 69.8 education; 69.9 (5) establish by rule procedures, including a standard69.10 disciplinary process, to assess whether individuals licensed as69.11 licensed professional counselors comply with the board's rules;69.12 (6)establish, maintain, and publish annually a register of 69.13 current licensees and approved supervisors; 69.14 (7)(6) establish initial and renewal application and 69.15 examination fees sufficient to cover operating expenses of the 69.16 board and its agents; 69.17 (8)(7) educate the public about the existence and content 69.18 of the laws and rules for licensed professional counselors to 69.19 enable consumers to file complaints against licensees who may 69.20 have violated the rules; 69.21 (9) establish rules and regulations pertaining to treatment69.22 for impaired practitioners;and 69.23 (10)(8) periodically evaluate its rules in order to refine 69.24 the standards for licensing professional counselors and to 69.25 improve the methods used to enforce the board's standards. 69.26 (b) The board may appoint a professional discipline 69.27 committee for each occupational licensure regulated by the 69.28 board, and may appoint a board member as chair. The 69.29 professional discipline committee shall consist of five members 69.30 representative of the licensed occupation and shall provide 69.31 recommendations to the board with regard to rule techniques, 69.32 standards, procedures, and related issues specific to the 69.33 licensed occupation. 69.34 Sec. 2. Minnesota Statutes 2003 Supplement, section 69.35 148B.53, subdivision 1, is amended to read: 69.36 Subdivision 1. [GENERAL REQUIREMENTS.] (a) To be licensed 70.1 as a licensed professional counselor (LPC), an applicant must 70.2 provide evidence satisfactory to the board that the applicant: 70.3 (1) is at least 18 years of age; 70.4 (2) is of good moral character; 70.5 (3) has completed a master's degree program in counseling 70.6 that includes a minimum of 48 semester hours and a supervised 70.7 field experience of not fewer than 700 hours that is counseling 70.8 in nature; 70.9 (4) has submitted to the board a plan for supervision 70.10 during the first 2,000 hours of professional practice or has 70.11 submitted proof of supervised professional practice that is 70.12 acceptable to the board; and 70.13 (5) has demonstrated competence in professional counseling 70.14 by passing the National Counseling Exam (NCE) administered by 70.15 the National Board for Certified Counselors, Inc. (NBCC) 70.16 including obtaining a passing score on the examination accepted 70.17 by the board based on the determinations made by the NBCC and 70.18 oral and situational examinations if prescribed by the board ;70.19 (6) will conduct all professional activities as a licensed70.20 professional counselor in accordance with standards for70.21 professional conduct established by the rules of the board; and70.22 (7) has declared to the board and agrees to continue to70.23 declare areas of professional competencies through a statement70.24 of professional disclosure, describing the intended use of the70.25 license and the population to be served. 70.26 (b) The degree described in paragraph (a), clause (3), must 70.27 be from a counseling program recognized by the Council for 70.28 Accreditation of Counseling and Related Education Programs 70.29 (CACREP) or from an institution of higher education that is 70.30 accredited by a regional accrediting organization recognized by 70.31 the Council for Higher Education Accreditation (CHEA). Specific 70.32 academic course content and training must meet standards 70.33 established by the CACREP, including course work in the 70.34 following subject areas: 70.35 (1) the helping relationship, including counseling theory 70.36 and practice; 71.1 (2) human growth and development; 71.2 (3) lifestyle and career development; 71.3 (4) group dynamics, processes, counseling, and consulting; 71.4 (5) assessment and appraisal; 71.5 (6) social and cultural foundations, including 71.6 multicultural issues; 71.7 (7) principles of etiology, treatment planning, and 71.8 prevention of mental and emotional disorders and dysfunctional 71.9 behavior; 71.10 (8) family counseling and therapy; 71.11 (9) research and evaluation; and 71.12 (10) professional counseling orientation and ethics. 71.13 (c) To be licensed as a professional counselor, a 71.14 psychological practitioner licensed under section 148.908 need 71.15 only show evidence of licensure under that section and is not 71.16 required to comply with paragraph (a) or (b). 71.17 Sec. 3. Minnesota Statutes 2003 Supplement, section 71.18 148B.53, subdivision 3, is amended to read: 71.19 Subd. 3. [FEE.] Each applicant shall pay a nonrefundable 71.20 fee set by the boardas follows: 71.21 (1) initial license application fee for licensed 71.22 professional counseling (LPC) - $250; 71.23 (2) annual active license renewal fee for LPC - $200 or 71.24 equivalent; 71.25 (3) annual inactive license renewal fee for LPC - $100; 71.26 (4) license renewal late fee - $100 per month or portion 71.27 thereof; 71.28 (5) copy of board order or stipulation - $10; 71.29 (6) certificate of good standing or license verification - 71.30 $10; 71.31 (7) duplicate certificate fee - $10; 71.32 (8) professional firm renewal fee - $25; 71.33 (9) initial registration fee - $50; and 71.34 (10) annual registration renewal fee - $25. 71.35 Sec. 4. Minnesota Statutes 2003 Supplement, section 71.36 148B.54, is amended to read: 72.1 148B.54 [LICENSE RENEWAL REQUIREMENTS.] 72.2 Subdivision 1. [RENEWAL.] Licensees shall renew licenses 72.3 at the time and in the manner established by the rules of the 72.4 board. 72.5 Subd. 2. [CONTINUING EDUCATION.] At the completion of the 72.6 first two years of licensure, a licensee must provide evidence 72.7 satisfactory to the board of completion of 12 additional 72.8 postgraduate semester credit hours or its equivalent in 72.9 counseling as determined by the board, except that no licensee 72.10 shall be required to show evidence of greater than 60 semester 72.11 hours or its equivalent. Thereafter, at the time of renewal, 72.12 each licensee shall provide evidence satisfactory to the board 72.13 that the licensee has completed during each two-year period at 72.14 least the equivalent of 40 clock hours of professional 72.15 postdegree continuing education in programs approved by the 72.16 board and continues to be qualified to practice under sections 72.17 148B.50 to 148B.593. 72.18 Sec. 5. Minnesota Statutes 2003 Supplement, section 72.19 148B.55, is amended to read: 72.20 148B.55 [LICENSES; TRANSITION PERIOD.] 72.21 For two years beginning July 1, 2003, the board shall issue 72.22 a license without examination to an applicant if the board 72.23 determines that the applicant otherwise satisfies the 72.24 requirements in section 148B.53, subdivision 1, if the applicant 72.25 is a licensed psychological practitioner, a licensed marriage 72.26 and family therapist, or a licensed alcohol and drug counselor, 72.27 or is in the process of being so licensed. An applicant 72.28 licensed under this section must also agree to conduct all 72.29 professional activities as a licensed professional counselor in 72.30 accordance with standards for professional conduct established 72.31 by the board by rule. This section expires July 1, 2005. 72.32 Sec. 6. Minnesota Statutes 2003 Supplement, section 72.33 148B.59, is amended to read: 72.34 148B.59 [GROUNDS FOR DISCIPLINARY ACTION; FORMS OF 72.35 DISCIPLINARY ACTION; RESTORATION OF LICENSE.] 72.36 (a) The board may impose disciplinary action as described 73.1 in paragraph (b) against an applicant or licensee whom the 73.2 board, by a preponderance of the evidence, determines: 73.3 (1) has violated a statute, rule, or order that the board 73.4 issued or is empowered to enforce; 73.5 (2) has engaged in fraudulent, deceptive, or dishonest 73.6 conduct, whether or not the conduct relates to the practice of 73.7 licensed professional counseling, that adversely affects the 73.8 person's ability or fitness to practice professional counseling; 73.9 (3) has engaged in unprofessional conduct or any other 73.10 conduct which has the potential for causing harm to the public, 73.11 including any departure from or failure to conform to the 73.12 minimum standards of acceptable and prevailing practice without 73.13 actual injury having to be established; 73.14 (4) has been convicted of or has pled guilty or nolo 73.15 contendere to a felony or other crime, an element of which is 73.16 dishonesty or fraud, or has been shown to have engaged in acts 73.17 or practices tending to show that the applicant or licensee is 73.18 incompetent or has engaged in conduct reflecting adversely on 73.19 the applicant's or licensee's ability or fitness to engage in 73.20 the practice of professional counseling; 73.21 (5) has employed fraud or deception in obtaining or 73.22 renewing a license, or in passing an examination; 73.23 (6) has had any counseling license, certificate, 73.24 registration, privilege to take an examination, or other similar 73.25 authority denied, revoked, suspended, canceled, limited, or not 73.26 renewed for cause in any jurisdiction; 73.27 (7) has failed to meet any requirement for the issuance or 73.28 renewal of the person's license. The burden of proof is on the 73.29 applicant or licensee to demonstrate the qualifications or 73.30 satisfy the requirements for a license under the licensed 73.31 professional counseling act; 73.32 (8) has failed to cooperate with an investigation of the 73.33 board; 73.34 (9) has demonstrated an inability to practice professional 73.35 counseling with reasonable skill and safety to clients due to 73.36 any mental or physical illness or condition; or74.1 (10) has engaged in fee splitting. This clause does not 74.2 apply to the distribution of revenues from a partnership, group 74.3 practice, nonprofit corporation, or professional corporation to 74.4 its partners, shareholders, members, or employees if the 74.5 revenues consist only of fees for services performed by the 74.6 licensee or under a licensee's administrative authority. Fee 74.7 splitting includes, but is not limited to: 74.8 (i) dividing fees with another person or a professional 74.9 corporation, unless the division is in proportion to the 74.10 services provided and the responsibility assumed by each 74.11 professional; and 74.12 (ii) referring a client to any health care provider as 74.13 defined in section 144.335 in which the referring licensee has a 74.14 significant financial interest, unless the licensee has 74.15 disclosed in advance to the client the licensee's own financial 74.16 interest; or 74.17 (11) has engaged in conduct with a patient that is sexual 74.18 or may reasonably be interpreted by the patient as sexual, or in 74.19 any verbal behavior that is seductive or sexually demeaning to a 74.20 patient. 74.21 (b) If grounds for disciplinary action exist under 74.22 paragraph (a), the board may take one or more of the following 74.23 actions: 74.24 (1) refuse to grant or renew a license; 74.25 (2) revoke a license; 74.26 (3) suspend a license; 74.27 (4) impose limitations or conditions on a licensee's 74.28 practice of professional counseling, including, but not limited 74.29 to, limiting the scope of practice to designated competencies, 74.30 imposing retraining or rehabilitation requirements, requiring 74.31 the licensee to practice under supervision, or conditioning 74.32 continued practice on the demonstration of knowledge or skill by 74.33 appropriate examination or other review of skill and competence; 74.34 (5) censure or reprimand the licensee; 74.35 (6) refuse to permit an applicant to take the licensure 74.36 examination or refuse to release an applicant's examination 75.1 grade if the board finds that it is in the public interest; or 75.2 (7) impose a civil penalty not exceeding $10,000 for each 75.3 separate violation, the amount of the civil penalty to be fixed 75.4 so as to deprive the physical therapistapplicant or licensee of 75.5 any economic advantage gained by reason of the violation 75.6 charged, to discourage similar violations or to reimburse the 75.7 board for the cost of the investigation and proceeding, 75.8 including, but not limited to, fees paid for services provided 75.9 by the Office of Administrative Hearings, legal and 75.10 investigative services provided by the Office of the Attorney 75.11 General, court reporters, witnesses, reproduction of records, 75.12 board members' per diem compensation, board staff time, and 75.13 travel costs and expenses incurred by board staff and board 75.14 members. 75.15 (c) In lieu of or in addition to paragraph (b), the board 75.16 may require, as a condition of continued licensure, termination 75.17 of suspension, reinstatement of license, examination, or release 75.18 of examination grades, that the applicant or licensee: 75.19 (1) submit to a quality review, as specified by the board, 75.20 of the applicant's or licensee's ability, skills, or quality of 75.21 work; and 75.22 (2) complete to the satisfaction of the board educational 75.23 courses specified by the board. 75.24 The board may also refer a licensee, if appropriate, to the 75.25 health professionals services program described in sections 75.26 214.31 to 214.37. 75.27 (d) Service of the order is effective if the order is 75.28 served on the applicant, licensee, or counsel of record 75.29 personally or by mail to the most recent address provided to the 75.30 board for the licensee, applicant, or counsel of record. The 75.31 order shall state the reasons for the entry of the order. 75.32 Sec. 7. [148B.5915] [PROFESSIONAL COOPERATION; APPLICANT 75.33 OR LICENSEE.] 75.34 An applicant or a licensee who is the subject of an 75.35 investigation or who is questioned in connection with an 75.36 investigation by or on behalf of the board shall cooperate fully 76.1 with the investigation. Cooperation includes responding fully 76.2 and promptly to any question raised by or on behalf of the board 76.3 relating to the subject of the investigation, executing all 76.4 releases requested by the board, providing copies of client and 76.5 other records in the applicant's or licensee's possession 76.6 relating to the matter under investigation and executing 76.7 releases for records, as reasonably requested by the board, and 76.8 appearing at conferences or hearings scheduled by the board. 76.9 The board shall pay for copies requested. The board shall be 76.10 allowed access to any records of a client provided services by 76.11 the applicant or licensee under review. If the client has not 76.12 signed a consent permitting access to the client's records, the 76.13 applicant or licensee shall delete any data in the record that 76.14 identifies the client before providing them to the board. The 76.15 board shall maintain any records obtained under this section as 76.16 investigative data pursuant to chapter 13. 76.17 Sec. 8. [148B.5916] [IMMUNITY.] 76.18 Subdivision 1. [REPORTING.] A person, health care 76.19 facility, business, or organization is immune from civil 76.20 liability or criminal prosecution for reporting to the board 76.21 violations or alleged violations of sections 148B.50 to 148B.593. 76.22 All such reports are classified under section 13.41. 76.23 Subd. 2. [INVESTIGATION.] Members of the board, persons 76.24 employed by the board, and consultants retained by the board for 76.25 the purpose of investigation of violations or the preparation 76.26 and management of charges of violations of this chapter on 76.27 behalf of the board are immune from civil liability and criminal 76.28 prosecution for any actions, transactions, or publications in 76.29 the execution of, or relating to, their duties under sections 76.30 148B.50 to 148B.593. 76.31 Sec. 9. [EFFECTIVE DATE.] 76.32 Sections 1 to 8 are effective the day following final 76.33 enactment.