as introduced - 94th Legislature (2025 - 2026) Posted on 05/18/2025 01:09pm
A bill for an act
relating to health occupations; establishing licensure for certified child life
specialists; permitting rulemaking; providing for civil and criminal penalties;
proposing coding for new law as Minnesota Statutes, chapter 148H.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
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(a) This chapter applies to all applicants and licensees, all persons who use the title
licensed certified child life specialist, and all persons in or out of Minnesota who provide
licensed certified child life specialist services to clients who reside in Minnesota, unless
there are specific applicable exemptions provided by law.
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(b) This chapter is effective July 1, 2027.
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For purposes of this chapter, the following terms have the meanings
given.
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"Advisory council" means the Certified Child Life Specialist
Advisory Council established in section 148H.14.
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"Board" means the Board of Social Work created under section
148E.025.
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"Certification" means the formal recognition by the Child Life
Certification Commission of the knowledge, skills, education, and experience demonstrated
by the achievement of standards identified by the Child Life Certification Commission and
the Association of Child Life Professionals.
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"Certified child life specialist" means an
individual who holds current and valid certification as a child life specialist from the Child
Life Certification Commission.
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"Certified child life specialist practice"
means providing developmentally appropriate interventions to mitigate the negative effects
of stress and trauma on children and families within the training, professional competencies,
and experience of the certified child life specialist and within the parameters of the standards
established by the Child Life Certification Commission. Certified child life specialist practice
includes but is not limited to:
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(1) evaluating the developmental and psychosocial needs of children and families;
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(2) establishing therapeutic relationships to build trust and support children and families;
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(3) providing and facilitating therapeutic play opportunities to decrease distress and
promote healing;
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(4) creating safe, therapeutic environments that promote emotional healing and
development;
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(5) supporting children and families in coping with stressful events through
evidence-based interventions; and
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(6) providing developmentally appropriate preparation and education for potentially
stressful experiences.
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"Direct supervision" means one-on-one supervision by a
supervisor of a supervisee that allows for personalized feedback, case review, and
professional development.
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"Independent practice" means engaging in certified
child life specialist practice without direct supervision by a licensed certified child life
specialist or without being employed in a setting that provides appropriate professional
oversight and supervision.
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"Licensed certified child life specialist"
means an individual who holds a valid license under this chapter to engage in independent
certified child life specialist practice.
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"Supervision" or "supervised practice"
means a professional relationship between a supervisor and a supervisee in which the
supervisor oversees and evaluates a supervisee's postdegree certified child life specialist
practice.
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"Supervisor" means an individual who meets the requirements
under section 148H.09, subdivision 1.
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The board, in consultation with the advisory council, must:
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(1) issue licenses to qualified individuals under this chapter;
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(2) adopt and enforce standards for licensure, licensure renewal, continuing education,
and regulation of certified child life specialists;
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(3) monitor compliance with licensing standards;
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(4) carry out disciplinary actions against licensees; and
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(5) collect nonrefundable license fees for licensed certified child life specialists.
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The board, in consultation with the advisory council, may adopt
rules necessary to implement the duties under subdivision 1.
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(a) By January 1, 2028, the board must establish the Certified Child Life Specialist
Advisory Council according to section 148H.14.
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(b) By July 1, 2028, the board must approve initial licensees as specified in section
148H.09, subdivision 2.
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(c) By July 1, 2029, the board must begin accepting applications for certified child life
specialist licensure from all applicants and granting licenses under this chapter.
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(a) Effective July 1, 2029, an individual seeking licensure as a
certified child life specialist must submit a completed application on forms provided by the
board and all fees required under section 148H.13. The application must include:
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(1) the applicant's name;
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(2) the applicant's business address, if applicable;
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(3) the applicant's business telephone number, if applicable;
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(4) the applicant's home address;
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(5) the applicant's home telephone number;
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(6) a description of the applicant's education, training, and professional experience,
including employment or internship history for the five years immediately preceding the
application date;
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(7) a signed statement that the information in the application is true and correct to the
best of the applicant's knowledge and belief;
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(8) a signed waiver authorizing the board to obtain access to the applicant's records in
Minnesota or any other state in which the applicant has worked as a certified child life
specialist; and
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(9) consent to a fingerprint-based criminal history records check pursuant to section
214.075.
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(b) The board may request additional information from an applicant to clarify information
submitted in the application.
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An applicant for licensure as a certified child life
specialist under this section must submit to the board evidence and documentation satisfactory
to the board that the applicant:
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(1) holds current and valid certification as a child life specialist from the Child Life
Certification Commission;
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(2) has obtained a bachelor's or master's degree in child life or a related field;
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(3) has completed a clinical internship determined to be eligible for certification by the
Association of Child Life Professionals and the Child Life Certification Commission;
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(4) has passed the child life professional certification examination; and
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(5) has completed one of the following:
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(i) at least 6,000 hours of paid postdegree professional experience as a certified child
life specialist, followed by 50 hours of supervised practice under a licensed certified child
life specialist, at least 25 hours of which must be provided through direct supervision; or
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(ii) at least 4,000 hours but fewer than 6,000 hours of paid postdegree professional
practice, followed by 100 hours of supervised practice by a licensed certified child life
specialist, at least 50 hours of which must be provided through direct supervision.
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An applicant under this section must complete
a background check pursuant to section 214.075 and pay the required fees.
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(a) An applicant who applies for licensure as
a certified child life specialist by reciprocity must meet the requirements of paragraphs (b)
and (c).
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(b) An applicant applying for licensure by reciprocity must provide evidence to the board
that the applicant holds a current and unrestricted license for the practice of certified child
life specialist services in another jurisdiction that has requirements equivalent to or higher
than those in effect for determining whether an applicant in Minnesota is qualified to be
licensed as a certified child life specialist. An applicant who provides sufficient evidence
under this paragraph is exempt from meeting the requirements of section 148H.03,
subdivision 2, provided that the applicant otherwise meets all other requirements of section
148H.03.
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(c) An applicant for licensure by reciprocity must have maintained the appropriate and
unrestricted credentials in each jurisdiction during the last five years as demonstrated by
submitting letters of verification to the board. Each letter must include the applicant's name,
date of birth, and credential number; the date of credential issuance; a statement regarding
disciplinary actions, if any, taken against the applicant; and the terms under which the
credential was issued.
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The board may develop procedures for licensure
by endorsement for applicants from jurisdictions that do not offer a credential substantially
similar to the licensed certified child life specialist credential in Minnesota but in which the
applicant has demonstrated competence through experience, continuing education, or other
means.
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A license under this chapter must be renewed every
two years.
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At least 60 calendar days before a licensee's renewal
deadline date, the board must mail a renewal notice to the licensee's last known address on
file with the board. The notice must include instructions for accessing an online application
for license renewal, the renewal deadline, and notice of fees required for renewal. The
licensee's failure to receive notice does not relieve the licensee of the obligation to meet the
renewal deadline and other requirements for license renewal.
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(a) To renew a license, a licensee must submit to the
board:
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(1) a completed and signed application for license renewal, including proof of completion
of continuing education requirements under section 148H.11;
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(2) the license renewal fee required under section 148H.13; and
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(3) evidence satisfactory to the board that the licensee holds current and valid certification
as a child life specialist from the Child Life Certification Commission or otherwise meets
renewal requirements as established by the board.
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(b) The application for license renewal and fee must be postmarked or received by the
board by the end of the day on which the license expires or the following business day if
the expiration date falls on a Saturday, Sunday, or holiday. A renewal application that is
not completed and signed, or that is not accompanied by the correct fee, is void and must
be returned to the licensee.
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If a licensee's application for license renewal is postmarked
or received by the board by the end of the business day on the expiration date of the license
or the following business day if the expiration date falls on a Saturday, Sunday, or holiday,
the licensee may continue to practice after the expiration date while the application for
license renewal is pending with the board.
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If the application for license renewal is postmarked or received after
the expiration date of the license or the following business day if the expiration date falls
on a Saturday, Sunday, or holiday, the licensee must pay a renewal late fee as specified by
section 148H.13, in addition to the renewal fee, before the board considers the licensee's
application for license renewal.
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(a) Within 30 days after the renewal date, the board must notify a licensee who has not
renewed their license by letter, sent to the last known address of the licensee in the board's
file, that the renewal is overdue and that failure to pay the current fee and current biennial
renewal late fee within 60 days after the renewal date will result in termination of the license.
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(b) The board must terminate the license of a licensee whose license renewal is at least
60 days overdue and to whom notification has been sent as provided in paragraph (a). Failure
of a licensee to receive notification is not grounds for later challenge of the termination.
The board must notify the former licensee of the termination by letter within seven days
after board action, in the same manner as provided in paragraph (a).
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(c) Notwithstanding paragraph (b), the board retains jurisdiction over a former licensee
for complaints received after termination of a license regarding conduct that occurred during
licensure.
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Licensure under this chapter is not required for a certified child life specialist to engage
in certified child life specialist practice in Minnesota if the certified child life specialist
practices exclusively under the supervision of a licensed certified child life specialist or
within a professional setting that provides appropriate oversight and supervision.
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(a) Effective July 1, 2029, except as provided under section
148H.09, subdivision 2, an individual must not engage in unsupervised certified child life
specialist practice in Minnesota unless the individual is licensed under this chapter.
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(b) An individual licensed under this chapter must practice according to the standards
of clinical practice as outlined by the Child Life Certification Commission, including the
commission's code of ethics and competencies and standards.
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(a) An individual must not use a title incorporating the words
"licensed certified child life specialist" or "L-CCLS" or use any other title or description
stating or implying that the individual is licensed to engage in unsupervised certified child
life specialist practice in Minnesota, unless that individual holds a valid license under this
chapter.
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(b) Nothing in this section prohibits the use of the title "certified child life specialist" or
"CCLS" by an individual who has been certified by the Child Life Certification Commission
but who is not licensed under this chapter provided that the individual does not represent
that they are licensed under this chapter.
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(a) An individual who violates this section before being licensed but
after applying for a license under this chapter must pay a penalty fee in the amount of the
application fee under section 148H.13 for any part of the first month of unauthorized practice,
plus the application fee for any part of any subsequent month of unauthorized practice, up
to 36 months.
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(b) An individual who violates this section after the individual's license has expired and
before it is renewed must pay a penalty fee in the amount of the license renewal fee under
section 148H.13 for any part of the first month of unauthorized practice, plus the license
renewal fee for any part of any subsequent month of unauthorized practice, up to 36 months.
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(c) An individual who violates this section and to whom paragraphs (a) and (b) do not
apply is guilty of a misdemeanor. An individual engaging in unauthorized practice under
paragraphs (a) and (b) for more than 36 months is guilty of a misdemeanor.
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To be approved by the board as a supervisor
for purposes of supervised practice under this chapter, an individual must:
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(1) hold a current license under this chapter;
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(2) have at least four years and 4,000 hours of professional postdegree practice experience
as a certified child life specialist; and
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(3) provide evidence satisfactory to the board of training in supervision through:
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(i) completion of a board-approved supervisor training course of 30 hours or equivalent
to three semester hours from a regionally accredited educational institution; or
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(ii) completion of 30 hours of coursework in a board-approved supervision education
program.
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(a) Effective July 1, 2028, an
individual may apply for initial licensure if the individual:
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(1) is a certified child life specialist and holds a current and valid license in Minnesota
to practice psychology, social work, marriage and family therapy, professional counseling,
or professional clinical counseling; or
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(2) is a certified child life specialist with at least 6,000 hours of paid professional
experience and has completed board-approved supervisor training as described in subdivision
1, clause (3).
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(b) All initial licensees must agree to facilitate supervision for certified child life
specialists and to teach supervision training classes to prepare board-approved supervisors
in the first year of licensure.
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(c) By January 1, 2028, the board shall:
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(1) develop an application process for initial licensees;
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(2) publicize the opportunity to become an initial licensee through the board's website,
relevant professional organizations, and direct communication to certified child life specialists
in Minnesota; and
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(3) select initial licensees based on qualifications, geographic distribution, and
commitment to developing the child life specialist profession in Minnesota.
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(d) After completing required training under subdivision 1, clause (3), an initial
board-approved supervisor under paragraph (a) may apply for licensure and the board may
grant the supervisor a license under this chapter.
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(e) Once licensed under this chapter, a board-approved supervisor may begin supervising
certified child life specialists. A board-approved supervisor must not supervise more than
two certified child life specialists at a time.
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(f) Paragraphs (a) to (d) expire July 1, 2029.
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(a) A licensee must complete 30 hours of continuing education every two years, including
at least three hours in ethics. At the time of license renewal, a licensee must provide evidence
satisfactory to the board that the licensee completed the continuing education hours during
the previous renewal term as required under section 148H.05.
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(b) Continuing education hours completed under this section must provide education on
competency domains as specified by the Child Life Certification Commission.
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The board may impose disciplinary action as described
in subdivision 2 against an applicant or licensee whom the board, by a preponderance of
the evidence, determines has:
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(1) intentionally submitted false or misleading information to the board;
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(2) failed to provide information in response to a written request by the board within 30
days;
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(3) engaged in certified child life specialist practice or provided services in an incompetent
or negligent manner;
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(4) failed to comply with any other provision in this chapter;
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(5) failed to perform services with reasonable judgment, skill, or safety due to the
individual's use of alcohol or drugs, or other physical or mental impairment;
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(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 certified child life services. Conviction for violating any state
or federal law that relates to certified child life services constitutes a violation, except as
provided in chapter 364;
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(7) knowingly aided or abetted another person in violating any provision of this chapter;
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(8) been disciplined or is in the process of being disciplined by another jurisdiction, if
the grounds for the disciplinary action in another jurisdiction are the same or substantially
equivalent to those under this chapter;
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(9) failed to cooperate with an investigation of the board as required under subdivision
3;
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(10) advertised in a false or misleading manner;
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(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;
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(12) failed to disclose to a client 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;
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(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;
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(14) obtained money, property, or services from a client through the use of undue
influence, high-pressure sales tactics, harassment, duress, deception, or fraud;
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(15) performed services for a client who would not benefit from the services; or
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(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 conditions that could
be medically or surgically treated.
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When the board determines an applicant or a licensee
has violated a provision of subdivision 1, the board may:
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(1) deny an application;
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(2) refuse to renew a license;
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(3) revoke a license;
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(4) indefinitely or temporarily suspend a license;
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(5) impose limitations or conditions on the licensee's certified child life specialist practice,
including but not limited to limiting the licensee's scope of practice to designated areas,
imposing retraining or rehabilitation requirements, requiring the licensee to practice under
supervision, or conditioning the licensee's continued practice on demonstration of knowledge
or skills by appropriate examination, monitoring, or other review of skill and competence;
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(6) censure or reprimand the licensee;
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(7) impose a civil penalty not exceeding $7,500 for each separate violation, the amount
of the civil penalty to be fixed so as to deprive the applicant or licensee of any economic
advantage gained by reason of the violation charged, to discourage repeated violations, or
to recover the cost of the investigation and proceeding, including but not limited to attorney
fees; or
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(8) take any other action justified by facts of the case.
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An applicant or
licensee of the board who is the subject of an investigation or who is questioned in connection
with an investigation by or on behalf of the board shall cooperate fully with the investigation.
Cooperation includes responding fully and promptly to any question raised by or on behalf
of the board relating to the subject of the investigation; executing all releases requested by
the board; providing copies of client records, as reasonably requested by the board to assist
in the board's investigation; and appearing at conferences or hearings scheduled by the board
or board staff.
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All applicants and licensees must pay fees as follows:
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(1) application fee, $.......;
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(2) initial license fee, $.......;
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(3) license renewal fee, $.......;
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(4) license renewal late fee, $.......; and
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(5) licensure by reciprocity or endorsement fee, $........
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All fees in this section are nonrefundable.
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Fees collected by the board under this section must be deposited
in the state government special revenue fund.
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The Certified Child Life Specialist Advisory Council is
created and composed of five members appointed by the board. The advisory council consists
of:
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(1) one public member as defined in section 214.02;
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(2) three members who are:
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(i) effective July 1, 2027, certified child life specialists and who have the required
qualifications to be initial licensees under section 148H.09; or
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(ii) effective July 1, 2029, licensed certified child specialists under this chapter; and
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(3) one member who meets the requirements to be a supervisor under section 148H.09,
subdivision 1.
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The advisory council is established and administered under
section 15.059, except that the advisory council does not expire.
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The advisory council must:
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(1) advise the board regarding standards for licensed certified child life specialists;
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(2) assist with the distribution of information regarding licensed certified child life
standards;
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(3) advise the board on enforcement of this chapter;
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(4) review license applications and license renewal applications and make
recommendations to the board;
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(5) review complaints and complaint investigation reports and make recommendations
to the board on whether disciplinary action should be taken and, if applicable, what type;
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(6) advise the board regarding certified child life specialist practice protocols; and
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(7) perform other duties authorized for advisory councils under chapter 214 as directed
by the board to ensure effective oversight of licensed certified child life specialists.
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