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SF 3365

1st Engrossment - 91st Legislature (2019 - 2020) Posted on 05/20/2020 11:20am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to health; occupational therapy; making clarifying, technical, and
conforming changes; amending Minnesota Statutes 2018, sections 148.6402,
subdivisions 5, 21; 148.6403, subdivisions 1, 5, 6; 148.6404; 148.6405; 148.6412,
subdivision 2; 148.6415; 148.6418, subdivisions 4, 5; 148.6420, subdivisions 4,
5; 148.6423; 148.6425, subdivision 2; 148.6428; 148.6430; 148.6432, subdivision
3; 148.6435; 148.6443, as amended; 148.6445, subdivision 11; 148.6448,
subdivision 2; 148.6449, subdivision 2; Minnesota Statutes 2019 Supplement,
sections 148.6420, subdivision 1; 148.6448, subdivision 1; repealing Minnesota
Statutes 2018, sections 148.6402, subdivisions 10, 15; 148.6412, subdivision 1;
Minnesota Rules, part 4664.0003, subpart 28.

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

Section 1.

Minnesota Statutes 2018, section 148.6402, subdivision 5, is amended to read:


Subd. 5.

Contact hour.

"Contact hour" means an instructional session of 60 deleted text beginconsecutivedeleted text end
minutes, excluding coffee breaks, registration, meals without a speaker, and social activities.

Sec. 2.

Minnesota Statutes 2018, section 148.6402, subdivision 21, is amended to read:


Subd. 21.

Licensure by equivalency.

"Licensure by equivalency" means a method of
licensure described in section 148.6412 by which an individual who possesses a new text begincurrent
new text end credential from the National Board for Certification in Occupational Therapy may qualify
for licensure.

Sec. 3.

Minnesota Statutes 2018, section 148.6403, subdivision 1, is amended to read:


Subdivision 1.

Unlicensed practice prohibited.

deleted text beginNodeleted text endnew text begin Anew text end person deleted text beginshalldeleted text endnew text begin must notnew text end engage in
the practice of occupational therapy unless the person is licensed as an deleted text beginoccupational therapist
or an
deleted text end occupational deleted text begintherapist assistantdeleted text endnew text begin therapy practitionernew text end in accordance with sections
148.6401 to 148.6449.

Sec. 4.

Minnesota Statutes 2018, section 148.6403, subdivision 5, is amended to read:


Subd. 5.

Exempt persons.

This section does not apply to:

(1) a person employed as an deleted text beginoccupational therapist ordeleted text end occupational therapy deleted text beginassistantdeleted text endnew text begin
practitioner
new text end by the government of the United States or any agency of it. However, use of
the protected titles under those circumstances is allowed only in connection with performance
of official duties for the federal government;

(2) a student participating in supervised fieldwork or supervised coursework that is
necessary to meet the requirements of section 148.6408, subdivision 1, or 148.6410,
subdivision 1
, if the person is designated by a title which clearly indicates the person's status
as a student trainee. Any use of the protected titles under these circumstances is allowed
only while the person is performing the duties of the supervised fieldwork or supervised
coursework; or

(3) a person visiting and then leaving the state and performing occupational therapy
services while in the state, if the services are performed no more than 30 days in a calendar
year as part of a professional activity that is limited in scope and duration and is in association
with an occupational therapist licensed under sections 148.6401 to 148.6449, and

(i) the person is credentialed under the law of another state which has credentialing
requirements at least as stringent as the requirements of sections 148.6401 to 148.6449; or

(ii) the person meets the requirements for certification as an occupational therapist
registered (OTR) or a certified occupational therapy assistant (COTA), established by the
National Board for Certification in Occupational Therapy.

Sec. 5.

Minnesota Statutes 2018, section 148.6403, subdivision 6, is amended to read:


Subd. 6.

Sanctions.

A person who practices occupational therapy or holds out as an
deleted text begin occupational therapist ordeleted text end occupational therapy deleted text beginassistantdeleted text endnew text begin practitionernew text end by or through the use
of any title described in subdivision 2 without prior licensure according to sections 148.6401
to 148.6449 is subject to sanctions or action against continuing the activity according to
section 148.6448, chapter 214, or other statutory authority.

Sec. 6.

Minnesota Statutes 2018, section 148.6404, is amended to read:


148.6404 SCOPE OF PRACTICE.

new text begin (a) new text endThe practice of occupational therapy deleted text beginby an occupational therapist or occupational
therapy assistant includes, but is not limited to, intervention directed toward
deleted text endnew text begin means the
therapeutic use of everyday activities with individuals or groups for the purpose of enhancing
or enabling participation. It is the promotion of health and well-being through the use of
occupational therapy services that includes screening, evaluation, intervention, and
consultation to develop, recover, and maintain a client's
new text end:

deleted text begin (1) assessment and evaluation, including the use of skilled observation or the
administration and interpretation of standardized or nonstandardized tests and measurements,
to identify areas for occupational therapy services;
deleted text end

deleted text begin (2) providing for the development ofdeleted text endnew text begin (1)new text end sensory integrative, neuromuscular, deleted text beginordeleted text end motornew text begin,
emotional, motivational, cognitive, or psychosocial
new text end components of performance;

deleted text begin (3) providing for the development of emotional, motivational, cognitive, or psychosocial
components of performance;
deleted text end

deleted text begin (4) developingdeleted text endnew text begin (2)new text end daily living skills;

deleted text begin (5) developingdeleted text endnew text begin (3)new text end feeding and swallowing skills;

deleted text begin (6) developingdeleted text endnew text begin (4)new text end play deleted text beginskillsdeleted text end and leisure deleted text begincapacitiesdeleted text endnew text begin skillsnew text end;

deleted text begin (7) enhancingdeleted text endnew text begin (5)new text end educational deleted text beginperformancedeleted text endnew text begin participationnew text end skills;

deleted text begin (8) enhancingdeleted text endnew text begin (6)new text end functional performance and work deleted text beginreadiness through exercise, range
of motion, and use of ergonomic principles
deleted text endnew text begin participation skillsnew text end;

new text begin (7) community mobility; and
new text end

new text begin (8) health and wellness.
new text end

new text begin Occupational therapy services include but are not limited to:
new text end

deleted text begin (9)deleted text endnew text begin (1)new text end designing, fabricating, or applying rehabilitative technology, such as selected
orthotic and prosthetic devices, and providing training in the functional use of these devices;

deleted text begin (10)deleted text endnew text begin (2)new text end designing, fabricating, or adapting assistive technology and providing training
in the functional use of assistive devices;

deleted text begin (11)deleted text endnew text begin (3)new text end adapting environments using assistive technology such as environmental controls,
wheelchair modifications, and positioning;new text begin and
new text end

deleted text begin (12)deleted text endnew text begin (4)new text end employing physical agent modalitiesdeleted text begin,deleted text end in preparation for or as an adjunct to
purposeful activitydeleted text begin, within the same treatment session ordeleted text end to meet established functional
occupational therapy goalsdeleted text begin; anddeleted text endnew text begin.
new text end

deleted text begin (13) promoting health and wellness.
deleted text end

new text begin (b) Occupational therapy services must be based on nationally established standards of
practice.
new text end

Sec. 7.

Minnesota Statutes 2018, section 148.6405, is amended to read:


148.6405 LICENSURE APPLICATION REQUIREMENTS: PROCEDURES AND
QUALIFICATIONS.

(a) An applicant for licensure must comply with the application requirements in section
148.6420. To qualify for licensure, an applicant must satisfy one of the requirements in
paragraphs (b) to (f) and not be subject to denial of licensure under section 148.6448.

(b) A person who applies for licensure as an occupational therapist and who has not
been credentialed by the National Board for Certification in Occupational Therapy or another
jurisdiction must meet the requirements in section 148.6408.

(c) A person who applies for licensure as an occupational therapy assistant and who has
not been credentialed by the National Board for Certification in Occupational Therapy or
another jurisdiction must meet the requirements in section 148.6410.

(d) A person who is certified by the National Board for Certification in Occupational
Therapy may apply for licensure by equivalency and must meet the requirements in section
148.6412.

(e) A person who is credentialed in another jurisdiction new text beginand who was previously certified
by the National Board for Certification in Occupational Therapy
new text endmay apply for licensure
by reciprocity and must meet the requirements in section 148.6415.

(f) A person who applies for temporary licensure must meet the requirements in section
148.6418.

(g) A person who applies for licensure under paragraph (b), (c), or (f) more than two
and less than four years after meeting the new text beginexamination new text endrequirements in section 148.6408new text begin,
subdivision 2,
new text end
or 148.6410new text begin, subdivision 2,new text end must submit the following:

(1) a completed and signed application for licensure on forms provided by the board;

(2) the license application fee required under section 148.6445;

(3) if applying for occupational therapist licensure, proof of having met a minimum of
24 contact hours of continuing education in the two years preceding licensure application,
or if applying for occupational therapy assistant licensure, proof of having met a minimum
of 18 contact hours of continuing education in the two years preceding licensure application;

(4) verified documentation of successful completion of 160 hours of supervised practice
approved by the board under a limited license specified in section 148.6425, subdivision 3,
paragraph (c); and

(5) additional information as requested by the board to clarify information in the
application, including information to determine whether the individual has engaged in
conduct warranting disciplinary action under section 148.6448. The information must be
submitted within 30 new text begincalendar new text enddays deleted text beginafterdeleted text endnew text begin from the date ofnew text end the board's request.

(h) A person who deleted text beginapplieddeleted text endnew text begin appliesnew text end for licensure under paragraph (b), (c), or (f) four years
or more after meeting the new text beginexamination new text endrequirements in section 148.6408new text begin, subdivision 2,new text end or
148.6410new text begin, subdivision 2,new text end mustnew text begin:
new text end

new text begin (1)new text end meet all the requirements in paragraph (g) except clauses (3) and (4)deleted text begin,deleted text endnew text begin;
new text end

new text begin (2)new text end submit documentation of having retaken and deleted text beginpasseddeleted text endnew text begin achieved a qualifying score onnew text end
the credentialing examination for occupational deleted text begintherapistdeleted text endnew text begin therapistsnew text end or occupational therapy
deleted text begin assistantdeleted text endnew text begin assistantsnew text end, or of having completed an occupational therapy refresher program that
contains both a theoretical and clinical component approved by the boarddeleted text begin,deleted text endnew text begin;new text end and

new text begin (3) submit new text endverified documentation of successful completion of 480 hours of supervised
practice approved by the board under a limited license specified in section 148.6425,
subdivision 3
, paragraph (c). The 480 hours of supervised practice must be completed in
six months and may be completed at the applicant's place of work. Only refresher courses
completed within one year prior to the date of application qualify for approval.

Sec. 8.

Minnesota Statutes 2018, section 148.6412, subdivision 2, is amended to read:


Subd. 2.

Persons certified by National Board for Certification in Occupational
Therapy deleted text beginafter June 17, 1996deleted text end.

The board may license any person certified by the National
Board for Certification in Occupational Therapy as an occupational therapist deleted text beginafter June 17,
1996,
deleted text end if the board determines the requirements for certification are equivalent to or exceed
the requirements for licensure as an occupational therapist under section 148.6408. The
board may license any person certified by the National Board for Certification in
Occupational Therapy as an occupational therapy assistant deleted text beginafter June 17, 1996,deleted text end if the board
determines the requirements for certification are equivalent to or exceed the requirements
for licensure as an occupational therapy assistant under section 148.6410. Nothing in this
section limits the board's authority to deny licensure based upon the grounds for discipline
in sections 148.6401 to 148.6449.

Sec. 9.

Minnesota Statutes 2018, section 148.6415, is amended to read:


148.6415 LICENSURE BY RECIPROCITY.

A person who new text beginis not certified by the National Board for Certification in Occupational
Therapy but who
new text endholds a current credential as an occupational therapist in the District of
Columbia or a state or territory of the United States whose standards for credentialing are
determined by the board to be equivalent to or exceed the requirements for licensure under
section 148.6408 may be eligible for licensure by reciprocity as an occupational therapist.
A person who new text beginis not certified by the National Board for Certification in Occupational Therapy
but who
new text endholds a current credential as an occupational therapy assistant in the District of
Columbia or a state or territory of the United States whose standards for credentialing are
determined by the board to be equivalent to or exceed the requirements for licensure under
section 148.6410 may be eligible for licensure by reciprocity as an occupational therapy
assistant. Nothing in this section limits the board's authority to deny licensure based upon
the grounds for discipline in sections 148.6401 to 148.6449. An applicant must provide:

(1) the application materials as required by section 148.6420, subdivisions 1, 3, and 4;

(2) the fees required by section 148.6445;

(3) a copy of a current and unrestricted credential for the practice of occupational therapy
as either an occupational therapist or occupational therapy assistant;

(4) a letter from the jurisdiction that issued the credential describing the applicant's
qualifications that entitled the applicant to receive the credential; and

(5) other information necessary to determine whether the credentialing standards of the
jurisdiction that issued the credential are equivalent to or exceed the requirements for
licensure under sections 148.6401 to 148.6449.

Sec. 10.

Minnesota Statutes 2018, section 148.6418, subdivision 4, is amended to read:


Subd. 4.

Supervision required.

An applicant who has graduated from an accredited
occupational therapy program, as required by section 148.6408, subdivision 1, or 148.6410,
subdivision 1
, and who has not passed the examination required by section 148.6408,
subdivision 2
, or 148.6410, subdivision 2, must practice under the supervision of a licensed
occupational therapist. The supervising therapist must, at a minimum, supervise the person
working under temporary licensure in the performance of the initial evaluation, determination
of the appropriate deleted text begintreatmentdeleted text endnew text begin interventionnew text end plan, and periodic review and modification of the
deleted text begin treatmentdeleted text endnew text begin interventionnew text end plan. The supervising therapist must observe the person working
under temporary licensure in order to deleted text beginassuredeleted text endnew text begin ensurenew text end service competency in carrying out
evaluation, deleted text begintreatmentdeleted text endnew text begin interventionnew text end planning, and deleted text begintreatmentdeleted text endnew text begin interventionnew text end implementation.
The frequency of face-to-face collaboration between the person working under temporary
licensure and the supervising therapist must be based on the condition of each patient or
client, the complexity of deleted text begintreatmentdeleted text endnew text begin interventionnew text end and evaluation procedures, and the
proficiencies of the person practicing under temporary licensure. new text beginFollowing demonstrated
service competency of the applicant, supervision must occur no less than every ten
intervention days or every 30 calendar days, whichever occurs first.
new text endThe occupational
therapist or occupational therapy assistant working under temporary licensure must provide
verification of supervision on the application form provided by the board.

Sec. 11.

Minnesota Statutes 2018, section 148.6418, subdivision 5, is amended to read:


Subd. 5.

Expiration of temporary licensure.

new text begin (a) A person issued a temporary license
pursuant to subdivision 2, clause (1), must demonstrate to the board within the temporary
licensure period successful completion of the qualifying examination requirement under
section 148.6408, subdivision 2, or section 148.6410, subdivision 2. A temporary license
holder who fails the qualifying examination for a second time shall have their temporary
license revoked effective upon notification to the temporary license holder of the examination
score. It is the temporary license holder's obligation to submit to the board their qualifying
examination scores and to refrain from practice if their temporary license is revoked. Failure
to do so subjects the temporary license holder to disciplinary action pursuant to section
148.6448, subdivision 1, clause (5).
new text end

new text begin (b) new text endA temporary license deleted text beginissued to a person pursuant to subdivision 2, clause (1),deleted text end expires
six months from the date of issuance deleted text beginfor occupational therapists and occupational therapy
assistants
deleted text end or on the date the board grants or denies licensure, whichever occurs first. deleted text beginA
temporary license issued to a person pursuant to subdivision 2, clause (2) or (3), expires 90
days after it is issued. Upon application for renewal, a temporary license shall be renewed
once to persons who have not met the examination requirement under section 148.6408,
subdivision 2
, or 148.6410, subdivision 2, within the initial temporary licensure period and
who are not the subject of a disciplinary action nor disqualified on the basis of items in
section 148.6448, subdivision 1. Upon application for renewal, a temporary license shall
be renewed once to persons who are able to demonstrate good cause for failure to meet the
requirements for licensure under section 148.6412 or 148.6415 within the initial temporary
licensure period and who are not the subject of a disciplinary action nor disqualified on the
basis of items in section 148.6448, subdivision 1.
deleted text end

new text begin (c) A temporary license is not renewable.
new text end

Sec. 12.

Minnesota Statutes 2019 Supplement, section 148.6420, subdivision 1, is amended
to read:


Subdivision 1.

Applications for licensure.

An applicant for licensure must:

(1) submit a completed application for licensure on forms provided by the board and
must supply the information requested on the application, including:

(i) the applicant's name, business address and business telephone number, business
setting, new text beginprimary e-mail address, new text endand daytime telephone number;

(ii) the name and location of the occupational therapy program the applicant completed;

(iii) a description of the applicant's education and training, including a list of degrees
received from educational institutions;

(iv) the applicant's work history for the six years preceding the applicationdeleted text begin, including
the number of hours worked
deleted text end;

(v) a list of all credentials currently and previously held in Minnesota and other
jurisdictions;

(vi) a description of any jurisdiction's refusal to credential the applicant;

(vii) a description of all professional disciplinary actions initiated against the applicant
in any jurisdiction;

(viii) information on any physical or mental condition or chemical dependency that
impairs the person's ability to engage in the practice of occupational therapy with reasonable
judgment or safety;

(ix) a description of any misdemeanor or felony conviction that relates to honesty or to
the practice of occupational therapy; and

(x) a description of any state or federal court order, including a conciliation court
judgment or a disciplinary order, related to the individual's occupational therapy practice;

(2) submit with the application all fees required by section 148.6445;

(3) sign a statement that the information in the application is true and correct to the best
of the applicant's knowledge and belief;

(4) sign a waiver authorizing the board to obtain access to the applicant's records in this
or any other state in which the applicant holds or previously held a credential for the practice
of an occupation, has completed an accredited occupational therapy education program, or
engaged in the practice of occupational therapy;

(5) submit additional information as requested by the board; and

(6) submit the additional information required for licensure by equivalency, licensure
by reciprocity, and temporary licensure as specified in sections 148.6408 to 148.6418.

Sec. 13.

Minnesota Statutes 2018, section 148.6420, subdivision 4, is amended to read:


Subd. 4.

Applicants credentialed in another jurisdiction.

In addition to providing the
materials required in subdivision 1, an applicant credentialed in another jurisdiction must
request that the appropriate government body in each jurisdiction in which the applicant
holds or held an occupational therapy credential deleted text beginsend a letter to the commissionerdeleted text endnew text begin provide
documentation to the board
new text end that verifies the applicant's credentials. Except as provided in
section 148.6418, a license deleted text beginshalldeleted text endnew text begin mustnew text end not be issued until the deleted text begincommissionerdeleted text endnew text begin boardnew text end receives
deleted text begin letters verifyingdeleted text endnew text begin verification ofnew text end each of the applicant's credentials. Each deleted text beginletterdeleted text endnew text begin verificationnew text end
must include the applicant's name and date of birth, credential number and date of issuance,
a statement regarding investigations pending and disciplinary actions taken or pending
against the applicant, current status of the credential, and the terms under which the credential
was issued.

Sec. 14.

Minnesota Statutes 2018, section 148.6420, subdivision 5, is amended to read:


Subd. 5.

Action on applications for licensure.

(a) The board shall approve, approve
with conditions, or deny licensure. The board shall act on an application for licensure
according to paragraphs (b) to (d).

(b) The board shall determine if the applicant meets the requirements for licensure. The
boarddeleted text begin, or the advisory council at the board's request,deleted text end may investigate information provided
by an applicant to determine whether the information is accurate and complete.

(c) The board shall notify an applicant of action taken on the application and, if licensure
is denied or approved with conditions, the grounds for the board's determination.

(d) An applicant denied licensure or granted licensure with conditions may make a
written request to the board, within 30 days of the date of the board's determination, for
reconsideration of the board's determination. Individuals requesting reconsideration may
submit information which the applicant wants considered in the reconsideration. After
reconsideration of the board's determination to deny licensure or grant licensure with
conditions, the board shall determine whether the original determination should be affirmed
or modified. An applicant is allowed no more than one request in any one biennial licensure
period for reconsideration of the board's determination to deny licensure or approve licensure
with conditions.

Sec. 15.

Minnesota Statutes 2018, section 148.6423, is amended to read:


148.6423 LICENSURE RENEWAL.

Subdivision 1.

Renewal requirements.

To be eligible for licensure renewal, a licensee
must:

(1) submit a completed and signed application for licensure renewal deleted text beginon forms provided
by the board
deleted text end;

(2) submit the renewal fee required under section 148.6445;

(3) submit proof of having met the continuing education requirement of section 148.6443
deleted text begin on forms provided by the boarddeleted text end; and

(4) submit additional information as requested by the board to clarify information
presented in the renewal application. The information must be submitted within 30 new text begincalendar
new text end days deleted text beginafterdeleted text endnew text begin ofnew text end the board's request.

Subd. 2.

Renewal deadline.

(a) Except as provided in paragraph (c), licenses must be
renewed every two years. Licensees must comply with the following procedures in paragraphs
(b) to (e).

(b) Each license must state an expiration date. An application for licensure renewal must
be received by the board deleted text beginor postmarkeddeleted text end at least 30 calendar days before the expiration date.
deleted text begin If the postmark is illegible, the application shall be considered timely if received at least 21
calendar days before the expiration date.
deleted text end

(c) If the board changes the renewal schedule and the expiration date is less than two
years, the fee and the continuing education contact hours to be reported at the next renewal
must be prorated.

(d) An application for licensure renewal not received within the time required under
paragraph (b), but received on or before the expiration date, must be accompanied by a late
fee in addition to the renewal fee specified by section 148.6445.

(e) Licensure renewals received after the expiration date deleted text beginshall not be accepted and persons
seeking licensed status
deleted text end must comply with the requirements of section 148.6425.

Subd. 3.

Licensure renewal notice.

At least 60 deleted text begincalendardeleted text end days before the expiration date
in subdivision 2, the board deleted text beginshall maildeleted text endnew text begin must send or transmitnew text end a renewal notice to the deleted text beginlicensee's
last known address on file with the board
deleted text endnew text begin licenseenew text end. The notice must include deleted text beginan application
for licensure renewal and notice of fees required for renewal
deleted text endnew text begin information about accessing
the license renewal and fee schedule
new text end. The licensee's failure to receive notice does not relieve
the licensee of the obligation to meet the renewal deadline and other requirements for
licensure renewal.

new text begin Subd. 4. new text end

new text begin License renewal cycle conversion. new text end

new text begin The license renewal cycle for occupational
therapy licensees is converted to a two-year cycle where renewal is due on the last day of
the licensee's month of birth. Conversion pursuant to this section begins January 1, 2021.
This section governs license renewal procedures for licensees who were licensed before
December 31, 2020. The conversion renewal cycle is the renewal cycle following the first
license renewal after January 1, 2020. The conversion license period is the license period
for the conversion renewal cycle. The conversion license period is between 13 and 24 months
and ends on the last day of the licensee's month of birth in either 2022 or 2023, as described
in subdivision 5.
new text end

new text begin Subd. 5. new text end

new text begin Conversion of license renewal cycle for current licensees. new text end

new text begin For a licensee
whose license is current as of December 31, 2020, the licensee's conversion license period
begins on January 1, 2021, and ends on the last day of the licensee's month of birth in 2023,
except that for licensees whose month of birth is January, February, March, April, May, or
June, the licensee's renewal cycle ends on the last day of the licensee's month of birth in
2022.
new text end

new text begin Subd. 6. new text end

new text begin Conversion of license renewal cycle for noncurrent licensees. new text end

new text begin This subdivision
applies to a licensee who was licensed before December 31, 2020, but whose license is not
current as of December 31, 2020. When the licensee first renews the license after January
1, 2021, the conversion renewal cycle begins on the date the licensee applies for renewal
and ends on the last day of the licensee's month of birth in the next year, except that if the
last day of the licensee's month of birth is less than six months after the date the licensee
applies for renewal, then the renewal period ends on the last day of the licensee's month of
birth two years after the date of renewal.
new text end

new text begin Subd. 7. new text end

new text begin Subsequent renewal cycles. new text end

new text begin After the licensee's conversion renewal cycle
under subdivision 5 or 6, subsequent renewal cycles are biennial and begin on the first day
of the month following the licensee's birth month.
new text end

new text begin Subd. 8. new text end

new text begin Conversion period and fees. new text end

new text begin (a) A licensee who holds a license issued before
January 1, 2021, and who renews that license pursuant to subdivision 5 or 6, must pay a
renewal fee as required in this subdivision.
new text end

new text begin (b) A licensee must be charged the biennial license fee listed in section 148.6445 for
the conversion license period.
new text end

new text begin (c) For a licensee whose conversion license period is 13 to 24 months, the first biennial
license fee charged after the conversion license period must be adjusted to credit the excess
fee payment made during the conversion license period. The credit is calculated by:
new text end

new text begin (1) subtracting the number of months of the licensee's conversion license period from
24; and
new text end

new text begin (2) multiplying the result of clause (1) by 1/24 of the biennial fee rounded up to the next
dollar.
new text end

new text begin (d) For a licensee whose conversion license period is 24 months, the first biennial license
fee charged after the conversion license period must not be adjusted.
new text end

new text begin (e) For the second and all subsequent license renewals made after the conversion license
period, the licensee's biennial license fee is as listed in section 148.6445.
new text end

new text begin Subd. 9. new text end

new text begin Expiration. new text end

new text begin Subdivisions 4, 5, 7, and 8 expire December 31, 2023.
new text end

Sec. 16.

Minnesota Statutes 2018, section 148.6425, subdivision 2, is amended to read:


Subd. 2.

Licensure renewal after licensure expiration date.

deleted text beginAn individualdeleted text endnew text begin A licenseenew text end
whose application for licensure renewal is received after the licensure expiration date must
submit the following:

(1) a completed and signed application for licensure following lapse in licensed status
deleted text begin on forms provided by the boarddeleted text end;

(2) the renewal fee and the late fee required under section 148.6445;

(3) proof of having met the continuing education requirements in section 148.6443,
subdivision 1
; and

(4) additional information as requested by the board to clarify information in the
application, including information to determine whether the deleted text beginindividualdeleted text endnew text begin licenseenew text end has engaged
in conduct warranting disciplinary action as set forth in section 148.6448. The information
must be submitted within 30new text begin calendarnew text end days deleted text beginafterdeleted text endnew text begin from the date ofnew text end the board's request.

Sec. 17.

Minnesota Statutes 2018, section 148.6428, is amended to read:


148.6428 CHANGE OF NAME, ADDRESS, OR EMPLOYMENT.

A licensee who changes a name, new text beginprimary e-mail address, new text endaddress, deleted text beginordeleted text end employmentnew text begin,
business address, or business telephone number
new text end must inform the boarddeleted text begin, in writing,deleted text end of the
change of name, new text beginprimary e-mail address, new text endaddress, employment, business address, or business
telephone number within 30 new text begincalendar new text enddaysnew text begin from the effective date of the changenew text end. A change
in name must be accompanied by a copy of a marriage certificate or court order. All notices
or other correspondence deleted text beginmailed to ordeleted text end served on a licensee by the board at the licensee's
deleted text begin addressdeleted text endnew text begin contact informationnew text end on file with the board deleted text beginshalldeleted text endnew text begin mustnew text end be considered as having been
received by the licensee.

Sec. 18.

Minnesota Statutes 2018, section 148.6430, is amended to read:


148.6430 DELEGATION OF DUTIES; ASSIGNMENT OF TASKS.

The occupational therapist is responsible for all duties delegated to the occupational
therapy assistant or tasks assigned to direct service personnel. The occupational therapist
may delegate to an occupational therapy assistant those portions of a client's evaluation,
reevaluation, and deleted text begintreatmentdeleted text endnew text begin interventionnew text end that, according to prevailing new text beginnational new text endpractice
standards deleted text beginof the American Occupational Therapy Associationdeleted text end, can be performed by an
occupational therapy assistant. The occupational therapist may not delegate portions of an
evaluation or reevaluation of a person whose condition is changing rapidly.

Sec. 19.

Minnesota Statutes 2018, section 148.6432, subdivision 3, is amended to read:


Subd. 3.

deleted text beginTreatmentdeleted text endnew text begin Interventionnew text end.

(a) The occupational therapist deleted text beginshalldeleted text endnew text begin mustnew text end determine
the frequency and manner of supervision of an occupational therapy assistant performing
deleted text begin treatmentdeleted text endnew text begin interventionnew text end procedures delegated pursuant to section 148.6430deleted text begin,deleted text end based on the
condition of the patient or client, the complexity of the deleted text begintreatmentdeleted text endnew text begin interventionnew text end procedure,
and the deleted text beginproficienciesdeleted text endnew text begin service competencynew text end of the occupational therapy assistant.

(b) Face-to-face collaboration between the occupational therapist and the occupational
therapy assistant deleted text beginshalldeleted text endnew text begin mustnew text end occurdeleted text begin, at a minimum, every two weeksdeleted text endnew text begin every ten intervention
days or every 30 days, whichever comes first
new text end, during which time the occupational therapist
is responsible for:

(1) planning and documenting an initial deleted text begintreatmentdeleted text endnew text begin interventionnew text end plan and discharge from
deleted text begin treatmentdeleted text endnew text begin interventionsnew text end;

(2) reviewing deleted text begintreatmentdeleted text endnew text begin interventionnew text end goals, therapy programs, and client progress;

(3) supervising changes in the deleted text begintreatmentdeleted text endnew text begin interventionnew text end plan;

(4) conducting or observing deleted text begintreatmentdeleted text endnew text begin interventionnew text end procedures for selected clients and
documenting appropriateness of deleted text begintreatmentdeleted text endnew text begin interventionnew text end procedures. Clients deleted text beginshalldeleted text endnew text begin mustnew text end be
selected based on the occupational therapy services provided to the client and the role of
the occupational therapist and the occupational therapy assistant in those services; and

(5) ensuring the service competency of the occupational therapy assistant in performing
delegated deleted text begintreatmentdeleted text endnew text begin interventionnew text end procedures.

(c) Face-to-face collaboration must occur more frequently deleted text beginthan every two weeksdeleted text end if
necessary to meet the requirements of paragraph (a) or (b).

(d) The occupational therapist deleted text beginshalldeleted text endnew text begin mustnew text end document compliance with this subdivision in
the client's file or chart.

Sec. 20.

Minnesota Statutes 2018, section 148.6435, is amended to read:


148.6435 COORDINATION OF SERVICES.

An occupational therapist deleted text beginshalldeleted text endnew text begin mustnew text end:

(1) collect information necessary to ensure that the provision of occupational therapy
services are consistent with the client's physical and mental health status. The information
required to make this determination may include, but is not limited to, contacting the client's
licensed health care professional for health history, current health status, current medications,
and precautions;

(2) modify or terminate occupational therapy deleted text begintreatmentdeleted text endnew text begin interventionnew text end of a client that is
not beneficial to the client, not tolerated by the client, or refused by the client, and if deleted text begintreatmentdeleted text endnew text begin
intervention
new text end was terminated for a medical reason, notify the client's licensed health care
professional by correspondence postmarked or delivered to the licensed health care
professional within deleted text beginseven calendar daysdeleted text endnew text begin one weeknew text end of the termination of deleted text begintreatmentdeleted text endnew text begin
intervention
new text end;

(3) refer a client to an appropriate health care, social service, or education practitioner
if the client's condition requires services not within the occupational therapist's service
competency or not within the practice of occupational therapy generally;new text begin and
new text end

(4) participate and cooperate in the coordination of occupational therapy services with
other related services, as a member of the professional community serving the clientdeleted text begin; anddeleted text endnew text begin.
new text end

deleted text begin (5) communicate, in writing, with the appropriate licensed health care professional an
occupational therapy plan of care, postmarked or delivered to the licensed health care
professional within 14 calendar days of the initiation of treatment. The occupational therapist
must provide this written communication even if occupational therapy treatment is concluded
in less than 14 consecutive days. The occupational therapist shall document modifications
to the plan of care requested by the licensed health care professional following consultation
with the licensed health care professional. Occupational therapists employed by a school
system are exempt from the requirements of this clause in the performance of their duties
within the school system.
deleted text end

Sec. 21.

Minnesota Statutes 2018, section 148.6443, as amended by Laws 2019, chapter
50, article 1, section 49, is amended to read:


148.6443 CONTINUING EDUCATION REQUIREMENTS.

Subdivision 1.

General requirements.

A licensed occupational therapist must obtain
a minimum of 24 contact hours of continuing education in the two-year licensure period.
A licensed occupational therapy assistant must obtain a minimum of 18 contact hours of
continuing education in the two-year licensure period. All continuing education coursework
must be obtained between the effective and expiration dates of the license. Licensees who
are issued licenses for a period of less than two years deleted text beginshalldeleted text endnew text begin mustnew text end obtain a prorated number
of contact hours required for licensure renewal based on the number of months licensed
during the two-year licensure period.

deleted text begin To qualify as a continuing education activity, the activity must be a minimum of one
contact hour. Contact hours must be earned and reported in increments of one contact hour
or one-half contact hour after the first contact hour of each continuing education activity.
One-half contact hour means an instructional session of 30 consecutive minutes, excluding
coffee breaks, registration, meals without a speaker, and social activities.
deleted text end

Each licensee is responsible for financing the cost of the licensee's continuing education
activities.

Subd. 2.

Standards for determining qualified continuing education activities.

new text begin To be
accepted by the board, activities must be related to a licensee's current or anticipated roles
and responsibilities as an occupational therapy practitioner and must directly or indirectly
serve to protect the public by enhancing the licensee's continuing competence.
new text end

Except as provided in subdivision 3, paragraph (d), 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;

deleted text begin (3) pertain to subjects that directly relate to the practice of occupational therapy;
deleted text end

deleted text begin (4)deleted text endnew text begin (3)new text end be conducted by a sponsor approved by the American Occupational Therapy
Association or by 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

deleted text begin (5)deleted text endnew text begin (4)new text end be presented by a sponsor who has a mechanism to verify participation and
maintains attendance records for new text begina minimum of new text endthree years.

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) A minimum of one-half of the required contact hours must be directly related to deleted text beginthedeleted text end
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.

(c) 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 deleted text beginpass or faildeleted text endnew text begin pass/failnew text end course in order to receive deleted text beginthe
following continuing education credits:
deleted text endnew text begin credit. One college credit equals six continuing
education contact hours;
new text end

deleted text begin (i) one semester credit equals 14 contact hours;
deleted text end

deleted text begin (ii) one trimester credit equals 12 contact hours; and
deleted text end

deleted text begin (iii) one quarter credit equals ten contact hours;
deleted text end

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

(d) A licensee may obtain a maximum of deleted text beginsixdeleted text endnew text begin one half of the requirednew text end contact hours in
any two-year continuing education period for:

(1) teaching continuing education new text beginor occupational therapy related new text endcourses 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;

(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 deleted text beginmaintain a log indicating the name ofdeleted text endnew text begin ensure they receive documentation regardingnew text end
each student supervised and the new text begindates and new text endhours 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;

(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

(4) engaging in research activities or outcome studies that arenew text begin related to the practice of
occupational therapy and
new text end associated with grants, postgraduate studies, or publications in
professional journals or books.

(e) 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) personal skill topics: career burnout, communication skills, human relations, and
similar topics; deleted text beginand
deleted text end

(2) 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 therapydeleted text begin.deleted text endnew text begin; and
new text end

new text begin (3) participation for a minimum of one year on a professional committee or board.
new text end

Subd. 4.

Activities not qualifying for continuing education contact hours.

deleted text beginNodeleted text end Credit
deleted text begin shalldeleted text endnew text begin must notnew text end be granted for the following activities: hospital rounds, entertainment or
recreational activities, new text beginnoneducational association meetings, and new text endemployment orientation
sessionsdeleted text begin, holding an office or serving as an organizational delegate, meetings for the purpose
of making policy and noneducational association meetings
deleted text end.

Subd. 5.

Reporting continuing education contact hours.

deleted text begin Within one month following
licensure expiration, each licensee shall submit verification that the licensee has met the
continuing education requirements of this section on the continuing education report form
provided by the board. The continuing education report form may require the following
information:
deleted text end new text begin Each licensee must use the continuing education reporting form to verify
meeting the continuing education requirements of this section. The licensee must maintain
documentation, including but not limited to a signed certificate, transcript, or similar evidence
of participation in an activity. The documentation must include a:
new text end

(1) title of new text beginthe new text endcontinuing education activity;

(2) brief description of the continuing education activitynew text begin prepared by the presenter or
sponsor
new text end;

(3) sponsor, presenter, or author;

(4) location and attendance dates;

(5) number of contact hours; and

(6) licensee's deleted text beginnotarized affirmation that the information is true and correctdeleted text endnew text begin namenew text end.

Subd. 6.

Auditing continuing education reports.

(a) The board may audit a percentage
of the continuing education reports based on random selection. A licensee shall maintain
all documentation required by this section for two years after the last day of the biennial
licensure period in which the contact hours were earned.

(b) All renewal applications that are received after the expiration date may be subject
to a continuing education report audit.

(c) Any licensee against whom a complaint is filed may be subject to a continuing
education report audit.

(d) The licensee shall make the following information available to the board for auditing
purposes:

(1) a copy of the completed continuing education deleted text beginreportdeleted text endnew text begin reportingnew text end form for the continuing
education reporting period that is the subject of the audit including all supporting
documentation required by subdivision 5;

deleted text begin (2) a description of the continuing education activity prepared by the presenter or sponsor
that includes the course title or subject matter, date, place, number of program contact hours,
presenters, and sponsors;
deleted text end

deleted text begin (3) documentation of self-study programs by materials prepared by the presenter or
sponsor that includes the course title, course description, name of sponsor or author, and
the number of hours required to complete the program;
deleted text end

deleted text begin (4)deleted text endnew text begin (2)new text end documentation of university, college, or vocational school courses by a new text begintranscript
and a
new text endcourse syllabus, listing in a course bulletin, or equivalent documentation that includes
the course title, instructor's name, course dates, number of contact hours, and course content,
objectives, or goals; and

deleted text begin (5)deleted text endnew text begin (3)new text end verification of attendance by:

(i) a signature of the presenter or a designee at the continuing education activity on the
continuing education report form or a certificate of attendance with the course name, course
date, and licensee's name;

(ii) a summary or outline of the educational content of an audio or video educational
activity to verify the licensee's participation in the activity if a designee is not available to
sign the continuing education report form;new text begin or
new text end

(iii) verification of self-study programs by a certificate of completion or other
documentation indicating that the individual has demonstrated knowledge and has
successfully completed the programdeleted text begin; ordeleted text endnew text begin.
new text end

deleted text begin (iv) verification of attendance at a university, college, or vocational course by an official
transcript.
deleted text end

Subd. 7.

Waiver of continuing education requirements.

deleted text beginThe board may grant a waiver
of the requirements of this section in cases where the requirements would impose an extreme
hardship on the licensee.
deleted text endnew text begin The board may waive or defer all or part of the continuing education
requirements of this section if the licensee submits a written request and provides satisfactory
evidence to the board of illness, injury, financial hardship, family hardship, or other similar
extenuating circumstances that preclude completion of the requirements during the licensure
period.
new text end The request for a waiver must be in writing, state the circumstances that constitute
deleted text begin extremedeleted text end hardship, state the period of time the licensee wishes to have the continuing
education requirement waived, and state the alternative measures that will be taken if a
waiver is granted. The board deleted text beginshalldeleted text endnew text begin mustnew text end set forth, in writing, the reasons for granting or
denying the waiver. Waivers granted by the board deleted text beginshalldeleted text endnew text begin mustnew text end specify, in writing, the time
limitation and required alternative measures to be taken by the licensee. A request for waiver
deleted text begin shalldeleted text endnew text begin mustnew text end be denied if the board finds that the circumstances stated by the licensee do not
support a claim of deleted text beginextremedeleted text end hardship, the requested time period for waiver is unreasonable,
the alternative measures proposed by the licensee are not equivalent to the continuing
education activity being waived, or the request for waiver is not submitted to the board
within 60 new text begincalendar new text enddays deleted text beginafterdeleted text endnew text begin ofnew text end the expiration date.

Subd. 8.

Penalties for noncompliance.

The board shall refuse to renew or grant, or
shall suspend, condition, limit, or qualify the license of any person who the board determines
has failed to comply with the continuing education requirements of this section. A licensee
may request reconsideration of the board's determination of noncompliance or the penalty
imposed under this section by making a written request to the board within 30 new text begincalendar new text enddays
of the date of notification to the applicant. Individuals requesting reconsideration may submit
information that the licensee wants considered in the reconsideration.

Sec. 22.

Minnesota Statutes 2018, section 148.6445, subdivision 11, is amended to read:


Subd. 11.

Penalty fees.

(a) The penalty fee for practicing occupational therapy or using
protected titles without a current license after the credential has expired and before it is
renewed is the amount of the license renewal fee for any part of the first month, plus the
license renewal fee for any part of any subsequent month up to 36 months.

(b) The penalty fee for applicants who engage in the unauthorized practice of occupational
therapy or use protected titles before being issued a license is the amount of the license
application fee for any part of the first month, plus the license application fee for any part
of any subsequent month up to 36 months. This paragraph does not apply to applicants not
qualifying for a license who engage in the unauthorized practice of occupational therapy.

(c) deleted text beginThe penalty fee for practicing occupational therapy and failingdeleted text endnew text begin When an occupational
therapy practitioner fails
new text end to submit anew text begin requestednew text end continuing education report by the due date
with the correct number or type of hours in the correct time period deleted text beginis $100 plus $20 for each
missing clock hour.
deleted text endnew text begin the practitioner must pay either: (1) a $100 penalty fee and complete
the missing contact hours within 30 calendar days from the date of the penalty fee notice;
or (2) a $100 penalty fee and $20 for each missing contact hour, and complete the missing
number of contact hours by the next reporting due date.
new text end "Missing" means not obtained
between the effective and expiration dates of the licensedeleted text begin, the one-month period following
the license expiration date, or the 30 days following notice of a penalty fee for failing to
report all continuing education hours. The licensee must obtain the missing number of
continuing education hours by the next reporting due date
deleted text end.

(d) Civil penalties and discipline incurred by licensees deleted text beginprior to August 1, 2005,deleted text end for
conduct described in paragraph (a), (b), or (c) shall be recorded as nondisciplinary penalty
fees. For conduct described in paragraph (a) or (b) deleted text beginoccurring after August 1, 2005, anddeleted text end
exceeding six months, payment of a penalty fee does not preclude any disciplinary action
reasonably justified by the individual case.

Sec. 23.

Minnesota Statutes 2019 Supplement, section 148.6448, subdivision 1, is amended
to read:


Subdivision 1.

Grounds for denial of licensure or discipline.

The board may deny an
application for licensure, may approve licensure with conditions, or may discipline a licensee
using any disciplinary actions listed in subdivision 3 on proof that the individual has:

(1) intentionally submitted false or misleading information to the board;

(2) failed, within 30 days, to provide information in response to a written request by the
board;

(3) performed services of an occupational therapist or occupational therapy assistant in
an incompetent manner or in a manner that falls below the community standard of care;

(4) failed to satisfactorily perform occupational therapy services during a period of
temporary licensure;

(5) violated sections 148.6401 to 148.6449;

(6) failed to perform services with reasonable judgment, skill, or safety due to the use
of alcohol or drugs, or other physical or mental impairment;

(7) been convicted of violating any state or federal law, rule, or regulation which directly
relates to the practice of occupational therapy;

(8) aided or abetted another person in violating any provision of sections 148.6401 to
148.6449;

(9) been disciplined for conduct in the practice of an occupation by the state of Minnesota,
another jurisdiction, or a national professional association, if any of the grounds for discipline
are the same or substantially equivalent to those in sections 148.6401 to 148.6449;

(10) not cooperated with the board in an investigation conducted according to subdivision
2;

(11) advertised in a manner that is false or misleading;

(12) engaged in dishonest, unethical, or unprofessional conduct in connection with the
practice of occupational therapy that is likely to deceive, defraud, or harm the public;

(13) demonstrated a willful or careless disregard for the health, welfare, or safety of a
client;

(14) performed medical diagnosis or provided deleted text begintreatmentdeleted text endnew text begin interventionnew text end, other than
occupational therapy, without being licensed to do so under the laws of this state;

(15) paid or promised to pay a commission or part of a fee to any person who contacts
the occupational therapist for consultation or sends patients to the occupational therapist
for deleted text begintreatmentdeleted text endnew text begin interventionnew text end;

(16) engaged in an incentive payment arrangement, other than that prohibited by clause
(15), that promotes occupational therapy overutilization, whereby the referring person or
person who controls the availability of occupational therapy services to a client profits
unreasonably as a result of client deleted text begintreatmentdeleted text endnew text begin interventionnew text end;

(17) engaged in abusive or fraudulent billing practices, including violations of federal
Medicare and Medicaid laws, Food and Drug Administration regulations, or state medical
assistance laws;

(18) obtained money, property, or services from a consumer through the use of undue
influence, high pressure sales tactics, harassment, duress, deception, or fraud;

(19) performed services for a client who had no possibility of benefiting from the services;

(20) failed to refer a client for medical evaluation when appropriate or when a client
indicated symptoms associated with diseases that could be medically or surgically treated;

(21) engaged in conduct with a client that is sexual or may reasonably be interpreted by
the client as sexual, or in any verbal behavior that is seductive or sexually demeaning to a
patient;

(22) violated a federal or state court order, including a conciliation court judgment, or
a disciplinary order issued by the board, related to the person's occupational therapy practice;
or

(23) any other just cause related to the practice of occupational therapy.

Sec. 24.

Minnesota Statutes 2018, section 148.6448, subdivision 2, is amended to read:


Subd. 2.

Investigation of complaints.

The board may initiate an investigation upon
receiving a complaint or other oral or written communication that alleges or implies that a
person has violated sections 148.6401 to 148.6449. In the receipt, investigation, and hearing
of a complaint that alleges or implies a person has violated sections 148.6401 to 148.6449,
the board deleted text beginshalldeleted text endnew text begin mustnew text end follow the procedures in deleted text beginsectiondeleted text endnew text begin sectionsnew text end 214.10new text begin and 214.103new text end.

Sec. 25.

Minnesota Statutes 2018, section 148.6449, subdivision 2, is amended to read:


Subd. 2.

Qualifications of board members.

(a) The occupational therapy practitioners
appointed to the board must represent a variety of practice areas and settings.

(b) At least two occupational therapy practitioners must be employed outside the
seven-county metropolitan area.

(c) Board members deleted text beginshalldeleted text endnew text begin must notnew text end serve for deleted text beginnotdeleted text end more than two new text beginfull new text endconsecutive terms.

Sec. 26. new text beginREPEALER.
new text end

new text begin (a) new text end new text begin Minnesota Statutes 2018, sections 148.6402, subdivisions 10 and 15; and 148.6412,
subdivision 1,
new text end new text begin are repealed.
new text end

new text begin (b) new text end new text begin Minnesota Rules, part 4664.0003, subpart 28, new text end new text begin is repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: S3365-1

148.6402 DEFINITIONS.

Subd. 10.

Direct supervision.

"Direct supervision" of an occupational therapy assistant using physical agent modalities means that the occupational therapist has evaluated the patient and determined a need for use of a particular physical agent modality in the occupational therapy treatment plan, has determined the appropriate physical agent modality application procedure, and is available for in-person intervention while treatment is provided.

Subd. 15.

Occupational therapy.

"Occupational therapy" means the use of purposeful activity to maximize the independence and the maintenance of health of an individual who is limited by a physical injury or illness, a cognitive impairment, a psychosocial dysfunction, a mental illness, a developmental or learning disability, or an adverse environmental condition. The practice encompasses evaluation, assessment, treatment, and consultation. Occupational therapy services may be provided individually, in groups, or through social systems. Occupational therapy includes those services described in section 148.6404.

148.6412 LICENSURE BY EQUIVALENCY.

Subdivision 1.

Persons certified by National Board for Certification in Occupational Therapy before June 17, 1996.

Persons certified by the National Board for Certification in Occupational Therapy as an occupational therapist before June 17, 1996, may apply for licensure by equivalency for occupational therapist. Persons certified by the National Board for Certification in Occupational Therapy as an occupational therapy assistant before June 17, 1996, may apply for licensure by equivalency for occupational therapy assistant.

Repealed Minnesota Rule: S3365-1

4664.0003 DEFINITIONS.

Subp. 28.

Occupational therapy.

"Occupational therapy" has the meaning given in Minnesota Statutes, section 148.6402, subdivision 15.