SF 3427

1st Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to health; changing licensing requirements for certain health professions;
amending Minnesota Statutes 2006, sections 148.512, subdivision 20; 148.5161,
subdivisions 2, 3; 148.5175; 148.519, subdivision 3; 148.5194, subdivisions 7, 8;
148.5195, subdivision 3; 148.6425; 148.6428; 148.6440; 148.6443, subdivisions
1, 3; 148.6445, subdivision 11; 149A.01, subdivision 4; 153A.14, subdivisions
2i, 4a, 11; 153A.175; Minnesota Statutes 2007 Supplement, section 148.515,
subdivision 2.

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

Section 1.

Minnesota Statutes 2006, section 148.512, subdivision 20, is amended to
read:

Subd. 20.

Supervisor.

"Supervisor" means a person who has the authority to direct
or evaluate a supervisee and who:

(1) is a licensed speech-language pathologist or audiologist new text begin under section 148.515,
148.516, or 148.517 new text end ; or

(2) when the commissioner determines that supervision by a licensed
speech-language pathologist or audiologist as required in clause (1) is unobtainable, and
in other situations considered appropriate by the commissioner, is a person practicing
speech-language pathology or audiology who holds a current certificate of clinical
competence from the American Speech-Language-Hearing Association or board
certification in audiology by the American Board of Audiology.

Sec. 2.

Minnesota Statutes 2007 Supplement, section 148.515, subdivision 2, is
amended to read:

Subd. 2.

Master's or doctoral degree required for speech-language pathology
applicants.

(a) An applicant for speech-language pathology 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). new text begin In addition to the transcript, the
commissioner may require a letter from the academic department chair or program
director documenting that the applicant has completed coursework equivalent to or
exceeding a master's degree or that the applicant is eligible for enrollment in current
doctoral externship credit.
new text end

(b) All of the speech-language pathology 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 meets the current
requirements and 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.

Sec. 3.

Minnesota Statutes 2006, section 148.5161, subdivision 2, is amended to read:

Subd. 2.

Procedures.

To be eligible for clinical fellowship licensure or doctoral
externship licensure, an applicant must submit an application form provided by the
commissioner, the fees required by section 148.5194, and evidence of successful
completion of the requirements in section 148.515, subdivision 2 new text begin or 2a new text end .

Sec. 4.

Minnesota Statutes 2006, section 148.5161, subdivision 3, is amended to read:

Subd. 3.

Supervision required.

(a) A clinical fellowship licensee or doctoral
externship licensee must practice under the supervision of an individual who meets
the requirements of section 148.512, subdivision 20. Supervision must conform to the
requirements in paragraphs (b) to (e).

(b) Supervision must include both on-site observation and other monitoring
activities. On-site observation must involve the supervisor, the clinical fellowship licensee
or doctoral externship licensee, and the client receiving speech-language pathology or
audiology services and must include direct observation by the supervisor of treatment
given by the clinical fellowship licensee or doctoral externship licensee. Other monitoring
activities must involve direct or indirect evaluative contact by the supervisor of the clinical
fellowship licensee or doctoral externship licensee, may be executed by correspondence,
and may include, but are not limited to, conferences with the clinical fellowship licensee
or doctoral externship licensee, evaluation of written reports, and evaluations by
professional colleagues. Other monitoring activities do not include the client receiving
speech-language pathology or audiology services.

(c) The clinical fellowship licensee or doctoral externship licensee must be
supervised by an individual who meets the definition of section 148.512, subdivision 20,
and:

(1) when the clinical fellowship licensee or doctoral externship licensee is a
speech-language pathologist, is a licensed speech-language pathologist, or holds a current
certificate of clinical competence in speech-language pathology from the American
Speech-Language-Hearing Association; or

(2) when the clinical fellowship licensee or doctoral externship licensee is an
audiologist, is a licensed audiologist, or holds a current certificate of clinical competence
in audiology from the American Speech-Language-Hearing Association or board
certification in audiology by the American Board of Audiology.

(d) Clinical fellowship licensure or doctoral externship licensure shall not be granted
until the applicant has completed the academic coursework and clinical training in section
148.515, subdivision 2 new text begin or 2a new text end . new text begin In addition to the transcript, the commissioner may require
a letter from the academic department chair or program director documenting that the
applicant has completed coursework equivalent to or exceeding a master's degree or that
the applicant is eligible for enrollment in current doctoral externship credit.
new text end

(e) The clinical fellowship licensee or doctoral externship licensee must provide
verification of supervision on the application form provided by the commissioner.

Sec. 5.

Minnesota Statutes 2006, 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 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 deleted text begin once deleted text end new text begin twice new text end 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 Good cause
includes but is not limed to inability to take and complete the required practical exam for
dispensing hearing instruments.
new text end

new text begin (d) Upon application, a temporary license shall be issued to a person who meets
the requirements of section 148.515, subdivisions 2a and 4, but has not completed the
requirement in section 148.515, subdivision 6.
new text end

Sec. 6.

Minnesota Statutes 2006, section 148.519, subdivision 3, is amended to read:

Subd. 3.

Change of deleted text begin address deleted text end new text begin name, employment, and addresses new text end .

A licensee who
changes addresses must inform the commissioner, in writing, of the change of new text begin name,
employment, or new text end address within 30 days. new text begin A change in name must be accompanied by a
copy of a marriage certificate or court order. new text end All notices or other correspondence mailed
to or served on a licensee by the commissioner at the licensee's address on file with the
commissioner shall be considered as having been received by the licensee.

Sec. 7.

Minnesota Statutes 2006, section 148.5194, subdivision 7, is amended to read:

Subd. 7.

Audiologist surcharge fee.

(a) The biennial surcharge fee for audiologists
is $235. The commissioner shall prorate the fee for clinical fellowship, doctoral
externship, temporary, and first time licensees according to the number of months that
have elapsed between the date the license is issued and the date the license expires or must
be renewed under section 148.5191, subdivision 4.

(b) deleted text begin Effective November 1, 2005, the commissioner shall collect the $235 audiologist
surcharge fee prorated according to the number of months remaining until the next
scheduled license renewal. deleted text end new text begin The audiologist surcharge fee is for practical examination costs
greater than audiologist exam fee receipts and complaint investigation, enforcement action
and consumer information, and assistance expenditures related to hearing instrument
dispensing.
new text end

Sec. 8.

Minnesota Statutes 2006, section 148.5194, subdivision 8, is amended to read:

Subd. 8.

Penalty fees.

(a) The penalty fee for practicing speech language pathology
or audiology new text begin or using protected titles new text end 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 speech
language pathology or audiology new text begin or using protected titles new text end 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 speech language pathology or audiology.

(c) The penalty fee for new text begin practicing speech language pathology or audiology and new text end failing
to submit a continuing education report by the due date with the correct number or type of
hours in the correct time period is $100 plus $20 for each missing clock hour. new text begin Missing
means not obtained between the effective and expiration dates of the certificate, the
one-month period following the certificate expiration date, or the 30 days following notice
of a penalty fee for failing to report all continuing education hours. new text end The licensee must
obtain the missing number of continuing education hours by the next reporting due date.

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

Sec. 9.

Minnesota Statutes 2006, section 148.5195, subdivision 3, is amended to read:

Subd. 3.

Grounds for disciplinary action by commissioner.

The commissioner
may take any of the disciplinary actions listed in subdivision 4 on proof that the individual
has:

(1) intentionally submitted false or misleading information to the commissioner
or the advisory council;

(2) failed, within 30 days, to provide information in response to a written request,
via certified mail, by the commissioner or advisory council;

(3) performed services of a speech-language pathologist or audiologist in an
incompetent or negligent manner;

(4) violated sections 148.511 to 148.5198;

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

(6) violated any state or federal law, rule, or regulation, and the violation is a felony
or misdemeanor, an essential element of which is dishonesty, or which relates directly
or indirectly to the practice of speech-language pathology or audiology. Conviction for
violating any state or federal law which relates to speech-language pathology or audiology
is necessarily considered to constitute a violation, except as provided in chapter 364;

(7) aided or abetted another person in violating any provision of sections 148.511 to
148.5198;

(8) been or is being disciplined by another jurisdiction, if any of the grounds for
the discipline is the same or substantially equivalent to those under sections 148.511 to
148.5198;

(9) not cooperated with the commissioner or advisory council in an investigation
conducted according to subdivision 1;

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

(11) engaged in conduct likely to deceive, defraud, or harm the public; or
demonstrated a willful or careless disregard for the health, welfare, or safety of a client;

(12) failed to disclose to the consumer any fee splitting or any promise to pay a
portion of a fee to any other professional other than a fee for services rendered by the
other professional to the client;

(13) 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;

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

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

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

(17) had the certification required by chapter 153A denied, suspended, or revoked
according to chapter 153A;

(18) used the term doctor of audiology, doctor of speech-language pathology,
AuD, or SLPD without having obtained the degree from an institution accredited by
the North Central Association of Colleges and Secondary Schools, the Council on
Academic Accreditation in Audiology and Speech-Language Pathology, the United States
Department of Education, or an equivalent;

(19) failed to comply with the requirements of section 148.5192 regarding
supervision of speech-language pathology assistants; or

(20) if the individual is an audiologist or certified hearing deleted text begin aid deleted text end new text begin instrument new text end dispenser:

(i) prescribed or otherwise recommended to a consumer or potential consumer the use
of a hearing deleted text begin aid deleted text end new text begin instrument new text end , unless the prescription from a physician or recommendation
from an audiologist or certified dispenser is in writing, is based on an audiogram that is
delivered to the consumer or potential consumer when the prescription or recommendation
is made, and bears the following information in all capital letters of 12-point or larger
boldface type: "THIS PRESCRIPTION OR RECOMMENDATION MAY BE FILLED
BY, AND HEARING deleted text begin AIDS deleted text end new text begin INSTRUMENTS new text end MAY BE PURCHASED FROM, THE
LICENSED AUDIOLOGIST OR CERTIFIED DISPENSER OF YOUR CHOICE";

(ii) failed to give a copy of the audiogram, upon which the prescription or
recommendation is based, to the consumer when the consumer requests a copy;

(iii) failed to provide the consumer rights brochure required by section 148.5197,
subdivision 3;

(iv) failed to comply with restrictions on sales of hearing deleted text begin aids deleted text end new text begin instruments new text end in sections
148.5197, subdivision 3, and 148.5198;

(v) failed to return a consumer's hearing deleted text begin aid deleted text end new text begin instrument new text end used as a trade-in or for a
discount in the price of a new hearing deleted text begin aid deleted text end new text begin instrument new text end when requested by the consumer
upon cancellation of the purchase agreement;

(vi) failed to follow Food and Drug Administration or Federal Trade Commission
regulations relating to dispensing hearing deleted text begin aids deleted text end new text begin instruments new text end ;

(vii) failed to dispense a hearing deleted text begin aid deleted text end new text begin instrument new text end in a competent manner or without
appropriate training;

(viii) delegated hearing instrument dispensing authority to a person not authorized to
dispense a hearing instrument under this chapter or chapter 153A;

(ix) failed to comply with the requirements of an employer or supervisor of a hearing
deleted text begin aid deleted text end new text begin instrument new text end dispenser trainee; deleted text begin or
deleted text end

(x) violated a state or federal court order or judgment, including a conciliation court
judgment, relating to the activities of the individual's hearing deleted text begin aid deleted text end new text begin instrument new text end dispensing new text begin ; or
new text end

new text begin (xi) failed to include on the audiogram the practitioner's printed name, credential
type, credential number, signature, and date new text end .

Sec. 10.

Minnesota Statutes 2006, section 148.6425, is amended to read:

148.6425 RENEWAL OF LICENSURE; AFTER EXPIRATION DATE.

Subdivision 1.

Removal of name from list.

The names of licensees who do not
comply with the licensure renewal requirements of section 148.6423 on or before the
expiration date shall be removed from the list of individuals authorized to practice
occupational therapy and to use the protected titles in section 148.6403. The licensees
must comply with the requirements of this section in order to regain licensed status.

Subd. 2.

Licensure renewal after licensure expiration date.

An individual
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 on forms provided by the commissioner;

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

(3) proof of having met the continuing education requirements deleted text begin since the individual's
initial licensure or last licensure renewal deleted text end new text begin in section 148.6443, subdivision 1 new text end ; and

(4) additional information as requested by the commissioner to clarify information in
the application, including information to determine whether the individual has engaged in
conduct warranting disciplinary action as set forth in section 148.6448. The information
must be submitted within 30 days after the commissioner's request.

Subd. 3.

Licensure renewal four years or more after licensure expiration date.

(a) An individual who requests licensure renewal four years or more after the licensure
expiration date must submit the following:

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

(2) the renewal fee and the late fee required under section 148.6445 if renewal
application is based on paragraph (b), clause (1), (2), or (3), or the renewal fee required
under section 148.6445 if renewal application is based on paragraph (b), clause (4);

(3) proof of having met the continuing education requirement deleted text begin for the most recently
completed two-year continuing education cycle deleted text end new text begin in section 148.6443, subdivision 1,
except the continuing education must be obtained in the two years immediately preceding
application renewal new text end ; and

(4) at the time of the next licensure renewal, proof of having met the continuing
education requirement, which shall be prorated based on the number of months licensed
during the deleted text begin biennial deleted text end new text begin two-year new text end licensure period.

(b) In addition to the requirements in paragraph (a), the applicant must submit proof
of one of the following:

(1) verified documentation of successful completion of 160 hours of supervised
practice approved by the commissioner as described in paragraph (c);

(2) verified documentation of having achieved a qualifying score on the credentialing
examination for occupational therapists or the credentialing examination for occupational
therapy assistants administered within the past year;

(3) documentation of having completed a combination of occupational therapy
courses or an occupational therapy refresher program that contains both a theoretical and
clinical component approved by the commissioner. Only courses completed within one
year preceding the date of the application or one year after the date of the application
qualify for approval; or

(4) evidence that the applicant holds a current and unrestricted credential for the
practice of occupational therapy in another jurisdiction and that the applicant's credential
from that jurisdiction has been held in good standing during the period of lapse.

(c) To participate in a supervised practice as described in paragraph (b), clause
(1), the applicant shall obtain limited licensure. To apply for limited licensure, the
applicant shall submit the completed limited licensure application, fees, and agreement
for supervision of an occupational therapist or occupational therapy assistant practicing
under limited licensure signed by the supervising therapist and the applicant. The
supervising occupational therapist shall state the proposed level of supervision on the
supervision agreement form provided by the commissioner. The supervising therapist
shall determine the frequency and manner of supervision based on the condition of the
patient or client, the complexity of the procedure, and the proficiencies of the supervised
occupational therapist. At a minimum, a supervising occupational therapist shall be on
the premises at all times that the person practicing under limited licensure is working;
be in the room ten percent of the hours worked each week by the person practicing
under limited licensure; and provide daily face-to-face collaboration for the purpose
of observing service competency of the occupational therapist or occupational therapy
assistant, discussing treatment procedures and each client's response to treatment, and
reviewing and modifying, as necessary, each treatment plan. The supervising therapist
shall document the supervision provided. The occupational therapist participating in
a supervised practice is responsible for obtaining the supervision required under this
paragraph and must comply with the commissioner's requirements for supervision during
the entire 160 hours of supervised practice. The supervised practice must be completed in
two months and may be completed at the applicant's place of work.

(d) In addition to the requirements in paragraphs (a) and (b), the applicant must
submit additional information as requested by the commissioner to clarify information in
the application, including information to determine whether the applicant has engaged in
conduct warranting disciplinary action as set forth in section 148.6448. The information
must be submitted within 30 days after the commissioner's request.

Sec. 11.

Minnesota Statutes 2006, section 148.6428, is amended to read:

148.6428 CHANGE OF new text begin NAME, new text end ADDRESS new text begin , new text end OR EMPLOYMENT.

A licensee who changes deleted text begin addresses deleted text end new text begin a name, address, new text end or employment must inform the
commissioner, in writing, of the change of new text begin name, new text end address, employment, business address,
or business telephone number within 30 days. new text begin A change in name must be accompanied by
a copy of a marriage certificate or court order. new text end All notices or other correspondence mailed
to or served on a licensee by the commissioner at the licensee's address on file with the
commissioner shall be considered as having been received by the licensee.

Sec. 12.

Minnesota Statutes 2006, section 148.6440, is amended to read:

148.6440 PHYSICAL AGENT MODALITIES.

Subdivision 1.

General considerations.

(a) Occupational therapists who new text begin intend
to new text end use superficial physical agent modalities must comply with the requirements in
subdivision 3. Occupational therapists who new text begin intend to new text end use electrotherapy must comply with
the requirements in subdivision 4. Occupational therapists who new text begin intend to new text end use ultrasound
devices must comply with the requirements in subdivision 5. Occupational therapy
assistants who new text begin intend to new text end use physical agent modalities must comply with subdivision 6.

(b) Use of superficial physical agent modalities, electrical stimulation devices, and
ultrasound devices must be on the order of a physician.

(c) new text begin Prior to any use of any physical agent modality, a licensee must obtain approval
from the commissioner. new text end The commissioner shall maintain a roster of persons licensed
under sections 148.6401 to 148.6450 who new text begin are approved to new text end use physical agent modalities.
deleted text begin Prior to using a physical agent modality, licensees must inform the commissioner of
the physical agent modality they will use. Persons who use physical agent modalities
must indicate on their initial and renewal applications the physical agent modalities that
they use. deleted text end

(d) Licensees are responsible for informing the commissioner of any changes in the
information required in this section within 30 days of any change.

Subd. 2.

Written documentation required.

deleted text begin Prior to use of physical agent
modalities, deleted text end An occupational therapist must provide to the commissioner documentation
verifying that the occupational therapist has met the educational and clinical requirements
described in subdivisions 3 to 5, depending on the modality or modalities new text begin to be new text end used. Both
theoretical training and clinical application objectives must be met for each modality used.
Documentation must include the name and address of the individual or organization
sponsoring the activity; the name and address of the facility at which the activity was
presented; and a copy of the course, workshop, or seminar description, including learning
objectives and standards for meeting the objectives. In the case of clinical application
objectives, teaching methods must be documented, including actual supervised practice.
Documentation must include a transcript or certificate showing successful completion of
the coursework. new text begin An occupational therapist who is a certified hand therapist shall document
satisfaction of the requirements in subdivisions 3 to 5 by submitting to the commissioner a
copy of a certificate issued by the Hand Therapy Certification Commission. new text end Practitioners
are prohibited from using physical agent modalities new text begin under supervision or new text end independently
until granted approval as provided in subdivision 7.

Subd. 3.

Educational and clinical requirements for use of superficial physical
agent modalities.

(a) An occupational therapist may use superficial physical agent
modalities if the occupational therapist has received theoretical training and clinical
application training in the use of superficial physical agent modalities new text begin and been granted
approval as provided in subdivision 7 new text end .

(b) Theoretical training in the use of superficial physical agent modalities must:

(1) explain the rationale and clinical indications for use of superficial physical agent
modalities;

(2) explain the physical properties and principles of the superficial physical agent
modalities;

(3) describe the types of heat and cold transference;

(4) explain the factors affecting tissue response to superficial heat and cold;

(5) describe the biophysical effects of superficial physical agent modalities in
normal and abnormal tissue;

(6) describe the thermal conductivity of tissue, matter, and air;

(7) explain the advantages and disadvantages of superficial physical agent
modalities; and

(8) explain the precautions and contraindications of superficial physical agent
modalities.

(c) Clinical application training in the use of superficial physical agent modalities
must include activities requiring the practitioner to:

(1) formulate and justify a plan for the use of superficial physical agents for
treatment appropriate to its use and simulate the treatment;

(2) evaluate biophysical effects of the superficial physical agents;

(3) identify when modifications to the treatment plan for use of superficial physical
agents are needed and propose the modification plan;

(4) safely and appropriately administer superficial physical agents under the
supervision of a course instructor or clinical trainer;

(5) document parameters of treatment, patient response, and recommendations for
progression of treatment for the superficial physical agents; and

(6) demonstrate the ability to work competently with superficial physical agents as
determined by a course instructor or clinical trainer.

Subd. 4.

Educational and clinical requirements for use of electrotherapy.

(a) An
occupational therapist may use electrotherapy if the occupational therapist has received
theoretical training and clinical application training in the use of electrotherapy new text begin and been
granted approval as provided in subdivision 7 new text end .

(b) Theoretical training in the use of electrotherapy must:

(1) explain the rationale and clinical indications of electrotherapy, including pain
control, muscle dysfunction, and tissue healing;

(2) demonstrate comprehension and understanding of electrotherapeutic terminology
and biophysical principles, including current, voltage, amplitude, and resistance;

(3) describe the types of current used for electrical stimulation, including the
description, modulations, and clinical relevance;

(4) describe the time-dependent parameters of pulsed and alternating currents,
including pulse and phase durations and intervals;

(5) describe the amplitude-dependent characteristics of pulsed and alternating
currents;

(6) describe neurophysiology and the properties of excitable tissue;

(7) describe nerve and muscle response from externally applied electrical
stimulation, including tissue healing;

(8) describe the electrotherapeutic effects and the response of nerve, denervated and
innervated muscle, and other soft tissue; and

(9) explain the precautions and contraindications of electrotherapy, including
considerations regarding pathology of nerve and muscle tissue.

(c) Clinical application training in the use of electrotherapy must include activities
requiring the practitioner to:

(1) formulate and justify a plan for the use of electrical stimulation devices for
treatment appropriate to its use and simulate the treatment;

(2) evaluate biophysical treatment effects of the electrical stimulation;

(3) identify when modifications to the treatment plan using electrical stimulation are
needed and propose the modification plan;

(4) safely and appropriately administer electrical stimulation under supervision
of a course instructor or clinical trainer;

(5) document the parameters of treatment, case example (patient) response, and
recommendations for progression of treatment for electrical stimulation; and

(6) demonstrate the ability to work competently with electrical stimulation as
determined by a course instructor or clinical trainer.

Subd. 5.

Educational and clinical requirements for use of ultrasound.

(a) An
occupational therapist may use an ultrasound device if the occupational therapist has
received theoretical training and clinical application training in the use of ultrasound new text begin and
been granted approval as provided in subdivision 7 new text end .

(b) The theoretical training in the use of ultrasound must:

(1) explain the rationale and clinical indications for the use of ultrasound, including
anticipated physiological responses of the treated area;

(2) describe the biophysical thermal and nonthermal effects of ultrasound on normal
and abnormal tissue;

(3) explain the physical principles of ultrasound, including wavelength, frequency,
attenuation, velocity, and intensity;

(4) explain the mechanism and generation of ultrasound and energy transmission
through physical matter; and

(5) explain the precautions and contraindications regarding use of ultrasound devices.

(c) The clinical application training in the use of ultrasound must include activities
requiring the practitioner to:

(1) formulate and justify a plan for the use of ultrasound for treatment appropriate to
its use and stimulate the treatment;

(2) evaluate biophysical effects of ultrasound;

(3) identify when modifications to the treatment plan for use of ultrasound are
needed and propose the modification plan;

(4) safely and appropriately administer ultrasound under supervision of a course
instructor or clinical trainer;

(5) document parameters of treatment, patient response, and recommendations for
progression of treatment for ultrasound; and

(6) demonstrate the ability to work competently with ultrasound as determined
by a course instructor or clinical trainer.

Subd. 6.

Occupational therapy assistant use of physical agent modalities.

An
occupational therapy assistant may set up and implement treatment using physical agent
modalities if the assistant meets the requirements of this section, has demonstrated service
competency for the particular modality used, and works under the direct supervision
of an occupational therapist new text begin who has been granted approval as provided in subdivision
7 new text end . An occupational therapy assistant who uses superficial physical agent modalities
must meet the requirements of subdivision 3. An occupational therapy assistant who
uses electrotherapy must meet the requirements of subdivision 4. An occupational
therapy assistant who uses ultrasound must meet the requirements of subdivision 5. An
occupational therapist may not delegate evaluation, reevaluation, treatment planning, and
treatment goals for physical agent modalities to an occupational therapy assistant.

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. 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.

(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.

Sec. 13.

Minnesota Statutes 2006, section 148.6443, subdivision 1, is amended to read:

Subdivision 1.

General requirements.

deleted text begin An deleted text end new text begin A licensed new text end occupational therapist
deleted text begin applying for licensure renewal deleted text end must deleted text begin have completed deleted text end new text begin obtain new text end a minimum of 24 contact
hours of continuing education in the deleted text begin two years preceding deleted text end new text begin two-year new text end licensure deleted text begin renewal deleted text end new text begin
period new text end . deleted text begin An deleted text end new text begin A licensed new text end occupational therapy assistant deleted text begin applying for licensure renewal deleted text end must
deleted text begin have completed deleted text end new text begin obtain new text end a minimum of 18 contact hours of continuing education in the deleted text begin two
years preceding deleted text end new text begin two-year new text end licensure deleted text begin renewal deleted text end new text begin period new text end . new text begin All continuing education coursework
must be obtained between the effective and expiration dates of the license. new text end Licensees who
are issued licenses for a period of less than two years shall deleted text begin prorate the deleted text end new text begin obtain a prorated
new text end number of contact hours required for licensure renewal based on the number of months
licensed during the deleted text begin biennial deleted text end new text begin two-year new text end licensure period. deleted text begin Licensees shall receive contact
hours for continuing education activities only for the biennial licensure period in which
the continuing education activity was performed.
deleted text end

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.

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

Sec. 14.

Minnesota Statutes 2006, 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) 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.

(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 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;

(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 six contact hours in any two-year
continuing education period for:

(1) 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;

(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;

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

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

deleted text begin (3) deleted text end new text begin (2) new text end 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.

Sec. 15.

Minnesota Statutes 2006, section 148.6445, subdivision 11, is amended to
read:

Subd. 11.

Penalty fees.

(a) The penalty fee for practicing occupational therapy new text begin or
using protected titles new text end 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 new text begin or use protected titles new text end 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) The penalty fee for new text begin practicing occupational therapy and new text end failing to submit a
continuing education report by the due date with the correct number or type of hours in
the correct time period is $100 plus $20 for each missing clock hour. new text begin Missing means not
obtained between the effective and expiration dates of the license, 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. new text end The licensee must obtain the missing
number of continuing education hours by the next reporting due date.

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

Sec. 16.

Minnesota Statutes 2006, section 149A.01, subdivision 4, is amended to read:

Subd. 4.

Nonlimiting.

new text begin (a) new text end Nothing in this chapter shall be construed to limit the
powers granted to the commissioner of health, commissioner of commerce, state attorney
general, or a county attorney in any other statute, law, or rule new text begin , except as described in
paragraph (b) new text end .
new text begin new text end

new text begin (b) A county, within its jurisdiction as a coroner or medical examiner, may establish
transportation standards for transporting a dead human body from the death scene to the
place where an autopsy is to be conducted, so long as the standards do not specifically
require that the transporter be a licensed funeral director.
new text end

Sec. 17.

Minnesota Statutes 2006, section 153A.14, subdivision 2i, is amended to read:

Subd. 2i.

Continuing education requirement.

On forms provided by the
commissioner, each certified dispenser must submit with the application for renewal of
certification evidence of completion of ten course hours of continuing education earned
within the 12-month period of deleted text begin July deleted text end new text begin November new text end 1 to deleted text begin June 30 immediately preceding renewal deleted text end new text begin
October 31, between the effective and expiration dates of certification new text end . Continuing
education courses must be directly related to hearing instrument dispensing and
approved by the International Hearing Society new text begin , the American Speech-Language-Hearing
Association, or the American Academy of Audiology new text end . Evidence of completion of the
ten course hours of continuing education must be submitted deleted text begin with renewal applications deleted text end
by deleted text begin October deleted text end new text begin December new text end 1 of each year. This requirement does not apply to dispensers
certified for less than one year. deleted text begin The first report of evidence of completion of the continuing
education credits shall be due October 1, 1997.
deleted text end

Sec. 18.

Minnesota Statutes 2006, section 153A.14, subdivision 4a, is amended to read:

Subd. 4a.

Trainees.

(a) A person who is not certified under this section may dispense
hearing instruments as a trainee for a period not to exceed 12 months if the person:

(1) submits an application on forms provided by the commissioner;

(2) is under the supervision of a certified dispenser meeting the requirements of
this subdivision; deleted text begin and
deleted text end

(3) meets all requirements for certification except passage of the examination
required by this section new text begin ; and
new text end

new text begin (4) uses the title "dispenser trainee" in contacts with the patients, clients, or
consumers new text end .

(b) A certified hearing instrument dispenser may not supervise more than two
trainees at the same time and may not directly supervise more than one trainee at a time.
The certified dispenser is responsible for all actions or omissions of a trainee in connection
with the dispensing of hearing instruments. A certified dispenser may not supervise a
trainee if there are any commissioner, court, or other orders, currently in effect or issued
within the last five years, that were issued with respect to an action or omission of a
certified dispenser or a trainee under the certified dispenser's supervision.

Until taking and passing the practical examination testing the techniques described
in subdivision 2h, paragraph (a), clause (2), trainees must be directly supervised in all
areas described in subdivision 4b, and the activities tested by the practical examination.
Thereafter, trainees may dispense hearing instruments under indirect supervision until
expiration of the trainee period. Under indirect supervision, the trainee must complete two
monitored activities a week. Monitored activities may be executed by correspondence,
telephone, or other telephonic devices, and include, but are not limited to, evaluation
of audiograms, written reports, and contracts. The time spent in supervision must be
recorded and the record retained by the supervisor.

Sec. 19.

Minnesota Statutes 2006, section 153A.14, subdivision 11, is amended to read:

Subd. 11.

Requirement to maintain current information.

A dispenser must notify
the commissioner in writing within 30 days of the occurrence of any of the following:

(1) a change of new text begin name, new text end address, home or business telephone number, or business
name;

(2) the occurrence of conduct prohibited by section 153A.15;

(3) a settlement, conciliation court judgment, or award based on negligence,
intentional acts, or contractual violations committed in the dispensing of hearing
instruments by the dispenser; and

(4) the cessation of hearing instrument dispensing activities as an individual or a
business.

Sec. 20.

Minnesota Statutes 2006, section 153A.175, is amended to read:

153A.175 PENALTY FEES.

(a) The penalty fee for holding oneself out as a hearing instrument dispenser without
a current certificate after the credential has expired and before it is renewed is one-half
the amount of the certificate renewal fee for any part of the first day, plus one-half the
certificate renewal fee for any part of any subsequent days up to 30 days.

(b) The penalty fee for applicants who hold themselves out as hearing instrument
dispensers after expiration of the trainee period and before being issued a certificate is
one-half the amount of the certificate application fee for any part of the first day, plus
one-half the certificate application fee for any part of any subsequent days up to 30 days.
This paragraph does not apply to applicants not qualifying for a certificate who hold
themselves out as hearing instrument dispensers.

(c) The penalty fee for new text begin practicing hearing instrument dispensing and new text end failing to submit
a continuing education report by the due date with the correct number or type of hours in
the correct time period is $200 plus $200 for each missing clock hour. new text begin "Missing" means
not obtained between the effective and expirations dates of the certificate, the one-month
period following the certificate expiration date, or the 30 days following notice of a
penalty fee for failing to report all continuing education hours. new text end The certificate holder must
obtain the missing number of continuing education hours by the next reporting due date.

(d) Civil penalties and discipline incurred by certificate holders prior to August
1, 2005, for conduct described in paragraph (a), (b), or (c) shall be recorded as
nondisciplinary penalty fees. Payment of a penalty fee does not preclude any disciplinary
action reasonably justified by the individual case.