SF 3173

1st Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to health; modifying provisions for licensing of certain health
occupations and professionals; modifying a provision for hearing instrument
dispensing; granting the commissioner authority to contract with the health
professionals services program to access diversion and monitoring services;
modifying provisions of continuing education contact hours; allowing limited
part-time practice for volunteers and retired persons in certain health occupations;
providing an exception to the social work licensure requirements; amending
Minnesota Statutes 2004, sections 147.02, subdivision 1; 147.037, subdivision
1; 148.284; 148.515, subdivision 2; 148.5175; 148.518; 148.5193, subdivision
1; 148.5195, by adding a subdivision; 148.6440, subdivision 7; 148.6443,
subdivisions 2, 3, 4; 148.6448, by adding a subdivision; 150A.06, subdivision 2d;
153A.13, subdivision 4; 153A.15, by adding a subdivision; Minnesota Statutes
2005 Supplement, sections 148.515, subdivision 6; 153A.14, subdivision 4c.

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

Section 1.

Minnesota Statutes 2004, section 147.02, subdivision 1, is amended to read:

Subdivision 1.

United States or Canadian medical school graduates.

The
board shall issue a license to practice medicine to a person who meets the requirements
in paragraphs (a) to (h).

(a) An applicant for a license shall file a written application on forms provided by
the board, showing to the board's satisfaction that the applicant is of good moral character
and satisfies the requirements of this section.

(b) The applicant shall present evidence satisfactory to the board of being a graduate
of a medical or osteopathic school located in the United States, its territories or Canada,
and approved by the board based upon its faculty, curriculum, facilities, accreditation by a
recognized national accrediting organization approved by the board, and other relevant
data, or is currently enrolled in the final year of study at the school.

(c) The applicant must have passed an examination as described in clause (1) or (2).

(1) The applicant must have passed a comprehensive examination for initial
licensure prepared and graded by the National Board of Medical Examiners or the
Federation of State Medical Boards. The board shall by rule determine what constitutes a
passing score in the examination.

(2) The applicant taking the United States Medical Licensing Examination (USMLE)
must have passed steps one, two, and three deleted text begin within a seven-year period. This seven-year
period begins when the applicant first passes either step one or two, as applicable.
Applicants actively enrolled in or graduated from accredited MD/PhD, MD/JD, MD/MBA,
or MD/MPH dual degree programs or osteopathic equivalents must have passed each of
steps one, two, and three within three attempts in seven years plus the time taken to obtain
the non-MD degree or ten years, whichever occurs first deleted text end . new text begin Step three must be passed within
five years of passing step two, or before the end of residency training. new text end The applicant must
pass each of steps one, two, and three with passing scores as recommended by the USMLE
program within three attempts. The applicant taking combinations of Federation of State
Medical Boards, National Board of Medical Examiners, and USMLE may be accepted
only if the combination is approved by the board as comparable to existing comparable
examination sequences and all examinations are completed prior to the year 2000.

(d) The applicant shall present evidence satisfactory to the board of the completion
of one year of graduate, clinical medical training in a program accredited by a national
accrediting organization approved by the board or other graduate training approved
in advance by the board as meeting standards similar to those of a national accrediting
organization.

(e) The applicant shall make arrangements with the executive director to appear in
person before the board or its designated representative to show that the applicant satisfies
the requirements of this section. The board may establish as internal operating procedures
the procedures or requirements for the applicant's personal presentation.

(f) The applicant shall pay a fee established by the board by rule. The fee may not be
refunded. Upon application or notice of license renewal, the board must provide notice
to the applicant and to the person whose license is scheduled to be issued or renewed of
any additional fees, surcharges, or other costs which the person is obligated to pay as a
condition of licensure. The notice must:

(1) state the dollar amount of the additional costs; and

(2) clearly identify to the applicant the payment schedule of additional costs.

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

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

Sec. 2.

Minnesota Statutes 2004, section 147.037, subdivision 1, is amended to read:

Subdivision 1.

Requirements.

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

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

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

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

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

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

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

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

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

(e) The applicant must:

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

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

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

(ii) have a current certification by a specialty board of the American Board of
Medical Specialties, of the American Osteopathic Association Bureau of Professional
Education, of the Royal College of Physicians and Surgeons of Canada, or of the College
of Family Physicians of Canada.

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

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

new text begin EFFECTIVE DATE. new text end

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

Sec. 3.

Minnesota Statutes 2004, section 148.284, is amended to read:

148.284 CERTIFICATION OF ADVANCED PRACTICE REGISTERED
NURSES.

(a) No person shall practice advanced practice registered nursing or use any title,
abbreviation, or other designation tending to imply that the person is an advanced practice
registered nurse, clinical nurse specialist, nurse anesthetist, nurse-midwife, or nurse
practitioner unless the person is certified for such advanced practice registered nursing by
a national nurse certification organization.

(b) Paragraphs (a) and (e) do not apply to an advanced practice registered nurse who
is within six months after completion of an advanced practice registered nurse course of
study and is awaiting certification, provided that the person has not previously failed the
certification examination.

(c) An advanced practice registered nurse who has completed a formal course of
study as an advanced practice registered nurse and has been certified by a national nurse
certification organization prior to January 1, 1999, may continue to practice in the field
of nursing in which the advanced practice registered nurse is practicing as of July 1,
1999, regardless of the type of certification held if the advanced practice registered nurse
is not eligible for the proper certification.

(d) Prior to July 1, 2007, a clinical nurse specialist may petition the board for
waiver from the certification requirement in paragraph (a) if the clinical nurse specialist is
academically prepared as a clinical nurse specialist in a specialty area for which there is
no certification within the clinical nurse specialist role and specialty or a related specialty.
The board may determine that an available certification as a clinical nurse specialist in a
related specialty must be obtained in lieu of the specific specialty or subspecialty. The
petitioner must be academically prepared as a clinical nurse specialist in a specific field of
clinical nurse specialist practice with a master's degree in nursing that included clinical
experience in the clinical specialty and must have 1,000 hours of supervised clinical
experience in the clinical specialty for which the individual was academically prepared
with a minimum of 500 hours of supervised clinical practice after graduation. The board
may grant a nonrenewable permit for no longer than 12 months for the supervised
postgraduate clinical experience. The board may renew the waiver for three-year periods
provided the clinical nurse specialist continues to be ineligible for certification as a clinical
nurse specialist by an organization acceptable to the board.

(e) new text begin (1) new text end An advanced practice registered nurse who practices advanced practice
registered nursing without current certification or current waiver of certification as a
clinical nurse specialist, nurse midwife, nurse practitioner, or registered nurse anesthetist,
deleted text begin or practices with current certification but fails to notify the board of current certification, deleted text end
shall pay a penalty fee of $200 for the first month or part of a month and an additional
$100 for each subsequent month or parts of months of practice.

new text begin (2) An advanced practice registered nurse who practices advanced practice registered
nursing with current certification but fails to notify the board of current certification
shall pay a penalty fee imposed by the board in an amount described in clause (1) up to
a maximum amount of $1,000.
new text end

new text begin (3) new text end The amount of the penalty fee shall be calculated from the first day the advanced
practice registered nurse practiced without current advanced practice registered nurse
certification or current waiver of certification to the date of last practice or from the first
day the advanced practice registered nurse practiced without the current status on file with
the board until the day the current certification is filed with the board.

Sec. 4.

Minnesota Statutes 2004, section 148.515, subdivision 2, is amended to read:

Subd. 2.

Master's or doctoral degree required.

(a) An applicant must possess a
master's or doctoral degree that meets the requirements of paragraph (b). If completing a
doctoral program in which a master's degree has not been conferred, an applicant must
submit a transcript showing completion of course work equivalent to, or exceeding, a
master's degree that meets the requirement of paragraph (b).

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

new text begin EFFECTIVE DATE. new text end

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

Sec. 5.

Minnesota Statutes 2005 Supplement, section 148.515, subdivision 6, is
amended to read:

Subd. 6.

Dispensing audiologist examination requirements.

(a) Audiologists are
exempt from the written examination requirement in section 153A.14, subdivision 2h,
paragraph (a), clause (1).

(b) After July 31, 2005, all applicants for audiologist licensure under sections
148.512 to 148.5198 must achieve a passing score on the practical tests of proficiency
described in section 153A.14, subdivision 2h, paragraph (a), clause (2), within the time
period described in section 153A.14, subdivision 2h, paragraph (c).

(c) In order to dispense hearing aids as a sole proprietor, member of a partnership,
or for a limited liability company, corporation, or any other entity organized for profit, a
licensee who obtained audiologist licensure under sections 148.512 to 148.5198, before
August 1, 2005, and who is not certified to dispense hearing aids under chapter 153A,
must achieve a passing score on the practical tests of proficiency described in section
153A.14, subdivision 2h, paragraph (a), clause (2), within the time period described
in section 153A.14, subdivision 2h, paragraph (c). All other audiologist licensees who
obtained licensure before August 1, 2005, are exempt from the practical tests.

new text begin (d) An applicant for an audiology license who obtains a temporary license under
section 148.5175 may dispense hearing aids only under supervision of a licensed
audiologist who dispenses hearing aids.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 6.

Minnesota Statutes 2004, section 148.5175, is amended to read:

148.5175 TEMPORARY LICENSURE.

(a) The commissioner shall issue temporary licensure as a speech-language
pathologist, an audiologist, or both, to an applicant deleted text begin who has applied for licensure under
section 148.515, 148.516, 148.517, or 148.518 and deleted text end who:

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

(2) either:

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

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

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

(c) Upon application, a temporary license shall be renewed once to a person who is
able to demonstrate good cause for failure to meet the requirements for licensure within
the initial temporary licensure period and who is not the subject of a disciplinary action or
disqualified on the basis of section 148.5195, subdivision 3.

new text begin EFFECTIVE DATE. new text end

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

Sec. 7.

Minnesota Statutes 2004, section 148.518, is amended to read:

148.518 LICENSURE FOLLOWING LAPSE OF LICENSURE STATUS.

For an applicant whose licensure status has lapsed, the applicant must:

(1) apply for licensure renewal according to section 148.5191 and document
compliance with the continuing education requirements of section 148.5193 since the
applicant's license lapsed;

(2) fulfill the requirements of section 148.517;

(3) apply for renewal according to section 148.5191, provide evidence to the
commissioner that the applicant holds a current and unrestricted credential for the practice
of speech-language pathology from the Minnesota Board of Teaching or for the practice
of speech-language pathology or audiology in another jurisdiction that has requirements
equivalent to or higher than those in effect for Minnesota, and provide evidence of
compliance with Minnesota Board of Teaching or that jurisdiction's continuing education
requirements; deleted text begin or deleted text end

(4) apply for renewal according to section 148.5191 and submit verified
documentation of successful completion of 160 hours of supervised practice approved by
the commissioner. To participate in a supervised practice, the applicant shall first apply
and obtain temporary licensing according to section 148.5161 deleted text begin . deleted text end new text begin ; or new text end

new text begin (5) apply for renewal according to section 148.5191 and provide documentation of
obtaining a qualifying score on the examination described in section 148.515, subdivision
4, within one year of the application date for license renewal.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 8.

Minnesota Statutes 2004, section 148.5193, subdivision 1, is amended to read:

Subdivision 1.

Number of contact hours required.

(a) An applicant for licensure
renewal must meet the requirements for continuing education stipulated by the American
Speech-Language-Hearing Association or the American Board of Audiology, or satisfy
the requirements described in paragraphs (b) to (e).

(b) Within one month following expiration of a license, an applicant for licensure
renewal as either a speech-language pathologist or an audiologist must provide evidence
to the commissioner of a minimum of 30 contact hours of continuing education obtained
within the two years immediately preceding licensure expiration. A minimum of 20
contact hours of continuing education must be directly related to the licensee's area of
licensure. Ten contact hours of continuing education may be in areas generally related to
the licensee's area of licensure. Licensees who are issued licenses for a period of less than
two years shall prorate the number of contact hours required for licensure renewal based
on the number of months licensed during the biennial licensure period. Licensees shall
receive contact hours for continuing education activities only for the biennial licensure
period in which the continuing education activity was performed.

(c) An applicant for licensure renewal as both a speech-language pathologist and an
audiologist must attest to and document completion of a minimum of 36 contact hours
of continuing education offered by a continuing education sponsor within the two years
immediately preceding licensure renewal. A minimum of 15 contact hours must be
received in the area of speech-language pathology and a minimum of 15 contact hours
must be received in the area of audiology. Six contact hours of continuing education
may be in areas generally related to the licensee's areas of licensure. Licensees who are
issued licenses for a period of less than two years shall prorate the number of contact
hours required for licensure renewal based on the number of months licensed during the
biennial licensure period. Licensees shall receive contact hours for continuing education
activities only for the biennial licensure period in which the continuing education activity
was performed.

(d) If the licensee is licensed by the Board of Teaching:

(1) activities that are approved in the categories of Minnesota Rules, part deleted text begin 8700.1000 deleted text end new text begin
8710.7200 new text end , subpart 3, items A and B, and that relate to speech-language pathology, shall
be considered:

(i) offered by a sponsor of continuing education; and

(ii) directly related to speech-language pathology;

(2) activities that are approved in the categories of Minnesota Rules, part deleted text begin 8700.1000 deleted text end new text begin
8710.7200 new text end , subpart 3, shall be considered:

(i) offered by a sponsor of continuing education; and

(ii) generally related to speech-language pathology; and

(3) one clock hour as defined in Minnesota Rules, part deleted text begin 8700.1000 deleted text end new text begin 8710.7200 new text end ,
subpart 1, is equivalent to 1.0 contact hours of continuing education.

(e) Contact hours may not be accumulated in advance and transferred to a future
continuing education period.

new text begin EFFECTIVE DATE. new text end

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

Sec. 9.

Minnesota Statutes 2004, section 148.5195, is amended by adding a subdivision
to read:

new text begin Subd. 7. new text end

new text begin Authority to contract. new text end

new text begin The commissioner shall contract with the health
professionals services program as authorized by sections 214.31 to 214.37 to provide
these services to practitioners under this chapter. The health professionals services
program does not affect the commissioner's authority to discipline violations of sections
148.511 to 148.5198.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 10.

Minnesota Statutes 2004, section 148.6440, subdivision 7, is amended to read:

Subd. 7.

Approval.

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

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

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

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

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

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

new text begin EFFECTIVE DATE. new text end

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

Sec. 11.

Minnesota Statutes 2004, section 148.6443, subdivision 2, is amended to read:

Subd. 2.

Standards for determining qualified continuing education activities.

Except as provided in subdivision 3, paragraph (f), in order to qualify as a continuing
education activity, the activity must:

(1) constitute an organized program of learning;

(2) reasonably be expected to advance the knowledge and skills of the occupational
therapy practitioner;

(3) pertain to subjects that directly relate to the practice of occupational therapy;

(4) be conducted by new text begin a sponsor approved by the American Occupational Therapy
Association or by new text end individuals who have education, training, and experience by reason of
which the individuals should be considered experts on the subject matter of the activity;
and

(5) be presented by a sponsor who has a mechanism to verify participation and
maintains attendance records for three years.

new text begin EFFECTIVE DATE. new text end

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

Sec. 12.

Minnesota Statutes 2004, section 148.6443, subdivision 3, is amended to read:

Subd. 3.

Activities qualifying for continuing education contact hours.

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

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

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

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

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

(i) one semester credit equals 14 contact hours;

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

(iii) one quarter credit equals ten contact hours; and

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

deleted text begin (c) deleted text end new text begin (d) new text end A licensee may obtain a maximum of six contact hours in any two-year
continuing education period for new text begin : new text end

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

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

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

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

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

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

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

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

deleted text begin (e) An occupational therapy practitioner that utilizes leisure activities, recreational
activities, or hobbies as part of occupational therapy services in the practitioner's current
work setting may obtain a maximum of six contact hours in any two-year continuing
education period for participation in courses teaching these activities.
deleted text end

deleted text begin (f) A licensee may obtain a maximum of six contact hours in any two-year continuing
education period for supervision of occupational therapist or occupational therapy
assistant students. A licensee may earn one contact hour for every eight hours of student
supervision. Licensees must maintain a log indicating the name of each student supervised
and the hours each student was supervised. Contact hours obtained by student supervision
must be obtained by supervising students from an occupational therapy education program
accredited by the Accreditation Council for Occupational Therapy Education.
deleted text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 13.

Minnesota Statutes 2004, section 148.6443, subdivision 4, is amended to read:

Subd. 4.

Activities not qualifying for continuing education contact hours.

No
credit shall be granted for the following activities: hospital rounds, entertainment or
recreational activities, employment orientation sessions, holding an office or serving as an
organizational delegate, meetings for the purpose of making policy deleted text begin , deleted text end new text begin and new text end noneducational
association meetings deleted text begin , training related to payment systems, including covered services,
coding, and billing deleted text end .

new text begin EFFECTIVE DATE. new text end

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

Sec. 14.

Minnesota Statutes 2004, section 148.6448, is amended by adding a
subdivision to read:

new text begin Subd. 6. new text end

new text begin Authority to contract. new text end

new text begin The commissioner shall contract with the health
professionals services program as authorized by sections 214.31 to 214.37 to provide
these services to practitioners under this chapter. The health professionals services
program does not affect the commissioner's authority to discipline violations of sections
148.6401 to 148.6450.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 15.

Minnesota Statutes 2004, section 150A.06, subdivision 2d, is amended to read:

Subd. 2d.

Volunteer and retired dentists, dental hygienists, and registered
dental assistants deleted text begin continuing education and professional development waiver deleted text end .

(a) deleted text begin The
board shall grant a waiver to the continuing education requirements under this chapter for
a licensed dentist, licensed dental hygienist, or registered dental assistant who documents
to the satisfaction of the board that the dentist, dental hygienist, or registered dental
assistant has retired from active practice in the state and limits the provision of dental care
services to those offered without compensation in a public health, community, or tribal
clinic or a nonprofit organization that provides services to the indigent or to recipients
of medical assistance, general assistance medical care, or MinnesotaCare programs. deleted text end new text begin The
board shall grant a limited part-time practice authorization to a retired dentist, dental
hygienist, or registered dental assistant who documents to the satisfaction of the board
that the dentist, dental hygienist, or registered dental assistant has retired in good standing
from active practice in the state and limits the provision of dental care services to those
offered without compensation in a public health, community, or tribal clinic or a nonprofit
organization that provides services to the indigent or to recipients of medical assistance,
general assistance medical care, or MinnesotaCare programs.
new text end

(b) The board may require written documentation from the volunteer and retired
dentist, dental hygienist, or registered dental assistant prior to granting this deleted text begin waiver deleted text end new text begin
authorization new text end .

(c) The board shall require the volunteer and retired dentist, dental hygienist, or
registered dental assistant to meet the following requirements:

(1) a licensee or registrant seeking deleted text begin a waiver deleted text end new text begin an authorization new text end under this subdivision
must complete and document at least five hours of approved courses in infection control,
medical emergencies, and medical management for the continuing education cycle; deleted text begin and
deleted text end

(2) provide documentation of certification in advanced or basic cardiac life support
recognized by the American Heart Association, the American Red Cross, or an equivalent
entity new text begin ;
new text end

new text begin (3) must work under the indirect supervision of a licensed dentist; and
new text end

new text begin (4) meet the requirements of this chapter that pertain to the dentistry performed with
the exception of the licensing and continuing education requirements new text end .

Sec. 16.

Minnesota Statutes 2004, section 153A.13, subdivision 4, is amended to read:

Subd. 4.

Hearing instrument dispensing.

"Hearing instrument dispensing" means
making ear mold impressions, prescribing, or recommending a hearing instrument,
assisting the consumer in instrument selection, selling hearing instruments at retail, or
testing human hearing in connection with these activities deleted text begin when deleted text end new text begin regardless of whether new text end
the person conducting these activities has a monetary interest in the sale of hearing
instruments to the consumer.

new text begin EFFECTIVE DATE. new text end

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

Sec. 17.

Minnesota Statutes 2005 Supplement, section 153A.14, subdivision 4c,
is amended to read:

Subd. 4c.

Reciprocity.

(a) A person deleted text begin applying for certification as a hearing
instrument dispenser under subdivision 1 deleted text end who has dispensed hearing instruments
in another jurisdiction may dispense hearing instruments as a trainee under indirect
supervision if the person:

(1) satisfies the provisions of subdivision 4a, paragraph (a);

(2) submits a signed and dated affidavit stating that the applicant is not the subject of
a disciplinary action or past disciplinary action in this or another jurisdiction and is not
disqualified on the basis of section 153A.15, subdivision 1; and

(3) provides a copy of a current credential as a hearing instrument dispenser held in
the District of Columbia or a state or territory of the United States.

(b) A person becoming a trainee under this subdivision who fails to take and pass the
practical examination described in subdivision 2h, paragraph (a), clause (2), when next
offered must cease dispensing hearing instruments unless under direct supervision.

new text begin EFFECTIVE DATE. new text end

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

Sec. 18.

Minnesota Statutes 2004, section 153A.15, is amended by adding a
subdivision to read:

new text begin Subd. 5. new text end

new text begin Authority to contract. new text end

new text begin The commissioner shall contract with the health
professionals services program as authorized by sections 214.31 to 214.37 to provide these
services to practitioners under this chapter. The health professionals services program
does not affect the commissioner's authority to discipline violations of chapter 153A.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 19. new text begin EXCEPTION TO SOCIAL WORK LICENSURE REQUIREMENTS.
new text end

new text begin Notwithstanding the requirements of Minnesota Statutes, sections 148D.001 to
148D.290, the Board of Social Work shall issue a license to practice as a licensed social
worker under Minnesota Statutes, chapter 148D, to an applicant who:
new text end

new text begin (1) meets the requirements described in Minnesota Statutes, section 148D.055,
subdivision 2, paragraph (a), clauses (1), (3), (4), (5), and (6);
new text end

new text begin (2) is currently licensed as a school social worker by the Board of Teaching under
Minnesota Statutes, chapter 122A; and
new text end

new text begin (3) has been engaged in the practice of social work in an elementary, middle, or
secondary school, for the preceding 15 years.
new text end

new text begin The board must accept applications under this section until August 1, 2006.
new text end

new text begin EFFECTIVE DATE. new text end

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