SF 367

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

A bill for an act
relating to health; implementing health care cost-containment measures;
promoting electronic billing assistance; modifying the qualification standards
of certain licenses; establishing certain fees; requiring certain studies; defining
terms; modifying certain informed consent provisions; allowing entity certain
specific administrative efficiency reports to be published on the state agency Web
sites; permitting commissioner to consult others and make recommendations
regarding infection control reporting; requiring certain reports; adding provisions
for service cooperatives contracts; appropriating money; amending Minnesota
Statutes 2004, sections 145.4241, by adding subdivisions; 148.06, subdivision 1;
148.515, subdivision 2; 148.5175; 148.518; 148.5193, subdivision 1; 148.5195,
by adding a subdivision; 148.6440, subdivision 7; 148.6443, subdivisions 2, 3, 4;
148.6448, by adding a subdivision; 151.214, subdivision 1; 153A.13, subdivision
4; 153A.15, by adding a subdivision; Minnesota Statutes 2005 Supplement,
sections 145.4242; 148.515, subdivision 6; 153A.14, subdivision 4c; 214.071;
proposing coding for new law in Minnesota Statutes, chapters 62J; 144; 147;
148; 214; 256B.

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

ARTICLE 1

Section 1.

new text begin [62J.62] ELECTRONIC BILLING ASSISTANCE.
new text end

new text begin The commissioner of human services shall, out of existing resources, encourage and
assist providers to adopt and use electronic billing for state programs, including but not
limited to the provision of training.
new text end

Sec. 2.

new text begin [144.0506] AGENCY WEB SITES.
new text end

new text begin Subdivision 1. new text end

new text begin Information to be posted. new text end

new text begin The commissioner of health may post the
following information on agency Web sites, including minnesotahealthinfo.com:
new text end

new text begin (1) healthy lifestyle and preventive health care information, organized by sex and
age, with procedures and treatments categorized by level of effectiveness and reliability of
the supporting evidence on effectiveness;
new text end

new text begin (2) health plan company administrative efficiency report cards;
new text end

new text begin (3) health care provider charges for common procedures, based on information
available under section 62J.052;
new text end

new text begin (4) evidence-based medicine guidelines and related information for use as resources
by health care professionals, and summaries of the guidelines and related information for
use by patients and consumers;
new text end

new text begin (5) resources and Web links related to improving efficiency in medical clinics and
health care professional practices; and
new text end

new text begin (6) lists of nonprofit and charitable entities that accept donations of used medical
equipment and supplies, such as crutches and walkers.
new text end

new text begin Subd. 2. new text end

new text begin Other Internet resources. new text end

new text begin The commissioner of health, in implementing
subdivision 1, shall include relevant Web links and materials from private sector and other
government sources in order to avoid duplication and reduce state administrative costs.
new text end

new text begin Subd. 3. new text end

new text begin Cooperation with commissioner of commerce. new text end

new text begin The commissioner of
health shall consult and work in cooperation with the commissioner of commerce when
posting on the Web site information collected from health plan companies regulated by
the commissioner of commerce.
new text end

Sec. 3.

new text begin [147.37] INFORMATION PROVISION; PHARMACEUTICAL
ASSISTANCE PROGRAMS.
new text end

new text begin The board shall encourage licensees to make available to patients information on
free and discounted prescription drug programs offered by pharmaceutical manufacturers
when the information is provided to the licensees at no cost.
new text end

Sec. 4.

Minnesota Statutes 2004, section 148.06, subdivision 1, is amended to read:

Subdivision 1.

License required; qualifications.

No person shall practice
chiropractic in this state without first being licensed by the State Board of Chiropractic
Examiners. The applicant shall have earned at least one-half of all academic credits
required for awarding of a baccalaureate degree from the University of Minnesota, or
other university, college, or community college of equal standing, in subject matter
determined by the board, and taken a four-year resident course of at least eight months
each in a school or college of chiropractic or in a chiropractic program that is accredited
by the Council on Chiropractic Education new text begin , holds a recognition agreement with the Council
on Chiropractic Education, new text end or new text begin is new text end accredited by an agency approved by the United States
Office of Education or their successors as of January 1, 1988. The board may issue
licenses to practice chiropractic without compliance with prechiropractic or academic
requirements listed above if in the opinion of the board the applicant has the qualifications
equivalent to those required of other applicants, the applicant satisfactorily passes written
and practical examinations as required by the Board of Chiropractic Examiners, and the
applicant is a graduate of a college of chiropractic with a deleted text begin reciprocal deleted text end recognition agreement
with the Council on Chiropractic Education deleted text begin as of January 1, 1988 deleted text end . The board may
recommend a two-year prechiropractic course of instruction to any university, college,
or community college which in its judgment would satisfy the academic prerequisite
for licensure as established by this section.

An examination for a license shall be in writing and shall include testing in:

(a) The basic sciences including but not limited to anatomy, physiology, bacteriology,
pathology, hygiene, and chemistry as related to the human body or mind;

(b) The clinical sciences including but not limited to the science and art of
chiropractic, chiropractic physiotherapy, diagnosis, roentgenology, and nutrition; and

(c) Professional ethics and any other subjects that the board may deem advisable.

The board may consider a valid certificate of examination from the National Board
of Chiropractic Examiners as evidence of compliance with the examination requirements
of this subdivision. The applicant shall be required to give practical demonstration in
vertebral palpation, neurology, adjusting and any other subject that the board may deem
advisable. A license, countersigned by the members of the board and authenticated by the
seal thereof, shall be granted to each applicant who correctly answers 75 percent of the
questions propounded in each of the subjects required by this subdivision and meets the
standards of practical demonstration established by the board. Each application shall be
accompanied by a fee set by the board. The fee shall not be returned but the applicant
may, within one year, apply for examination without the payment of an additional fee. The
board may grant a license to an applicant who holds a valid license to practice chiropractic
issued by the appropriate licensing board of another state, provided the applicant meets
the other requirements of this section and satisfactorily passes a practical examination
approved by the board. The burden of proof is on the applicant to demonstrate these
qualifications or satisfaction of these requirements.

Sec. 5.

new text begin [148.108] FEES.
new text end

new text begin Subdivision 1. new text end

new text begin Fees. new text end

new text begin In addition to the fees established in Minnesota Rules, chapter
2500, the board is authorized to charge the fees in this section.
new text end

new text begin Subd. 2. new text end

new text begin Annual renewal of inactive acupuncture registration. new text end

new text begin The annual
renewal of inactive acupuncture registration fee is $25.
new text end

new text begin Subd. 3. new text end

new text begin Acupuncture reinstatement. new text end

new text begin The acupuncture reinstatement fee is $50.
new text end

Sec. 6.

Minnesota Statutes 2004, section 151.214, subdivision 1, is amended to read:

Subdivision 1.

Explanation of pharmacy benefits.

A pharmacist licensed under
this chapter must provide to a patient, for each prescription dispensed where part or all
of the cost of the prescription is being paid or reimbursed by an employer-sponsored
plan or health plan company, or its contracted pharmacy benefit manager, the patient's
co-payment amount and the new text begin pharmacy's own new text end usual and customary price of the prescription
or the amount the pharmacy will be paid for the prescription drug by the patient's
employer-sponsored plan or health plan company, or its contracted pharmacy benefit
manager.

Sec. 7.

Minnesota Statutes 2005 Supplement, section 214.071, is amended to read:

214.071 HEALTH BOARDS; DIRECTORY OF LICENSEES.

new text begin By July 1, 2009, new text end each deleted text begin health deleted text end new text begin health-related licensing new text end board deleted text begin under chapters 147, 148,
148B, and 150A deleted text end new text begin , as defined in section 214.01, subdivision 2 new text end , shall establish a directory of
licensees that includes biographical data for each licensee.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2007.
new text end

Sec. 8.

new text begin [214.121] PRICE DISCLOSURE REMINDER.
new text end

new text begin Each health-related licensing board shall at least annually inform and remind its
licensees of the price disclosure requirements of section 62J.052 or 151.214, as applicable,
through the board's regular means of communicating with its licensees.
new text end

Sec. 9.

new text begin [256B.043] COST CONTAINMENT EFFORTS.
new text end

new text begin Subdivision 1. new text end

new text begin Alternative and complementary health care. new text end

new text begin The commissioner
of human services, through the medical director and in consultation with the health
services policy committee established under section 256B.0625, subdivision 3c, as
part of the commissioner's ongoing duties, shall consider the potential for improving
quality and obtaining cost savings through greater use of alternative and complementary
treatment methods and clinical practice; shall incorporate these methods into the medical
assistance, MinnesotaCare, and general assistance medical care programs; and shall
make related legislative recommendations as appropriate. The commissioner shall post
the recommendations required under this subdivision on agency Web sites according to
chapter 144.0506, subdivision 1.
new text end

new text begin Subd. 2. new text end

new text begin Access to care. new text end

new text begin (a) The commissioners of human services and health,
as part of their ongoing duties, shall consider the adequacy of the current system of
community health clinics and centers both statewide and in urban areas with significant
disparities in health status and access to services across racial and ethnic groups, including:
new text end

new text begin (1) methods to provide 24-hour availability of care through the clinics and centers;
new text end

new text begin (2) methods to expand the availability of care through the clinics and centers;
new text end

new text begin (3) the use of grants to expand the number of clinics and centers, the services
provided, and the availability of care; and
new text end

new text begin (4) the extent to which increased use of physician assistants, nurse practitioners,
medical residents and interns, and other allied health professionals in clinics and centers
would increase the availability of services.
new text end

new text begin (b) The commissioners shall make departmental modifications and legislative
recommendations as appropriate on the basis of their considerations under paragraph (a).
new text end

Sec. 10. new text begin REPORTING OF ACQUIRED INFECTIONS.
new text end

new text begin (a) The commissioner of health may consult with infection control specialists, health
care facility representatives, and consumers for the purpose of obtaining recommendations
regarding a determination of the need for action to implement health care associated
infection control reporting in hospitals and nursing homes. If the outcome of the
determination warrants, the commissioner shall consult with the group regarding:
new text end

new text begin (1) the selection of reporting measures relating to health care associated infections;
new text end

new text begin (2) design, implementation, validation, and ongoing evaluation of the reporting
system; and
new text end

new text begin (3) ensuring that the reporting measures remain flexible and adaptable to changing
national standards.
new text end

new text begin (b) If the commissioner determines that there is a need for the action described in
paragraph (a), the commissioner shall make written recommendations to the legislature.
new text end

Sec. 11. new text begin STUDY OF HOSPITAL UNCOMPENSATED CARE.
new text end

new text begin (a) The commissioner of health shall study and report to the legislature by January
15, 2007, the following:
new text end

new text begin (1) trends in hospitals' cost of providing uncompensated care, separately identifying
charity care and bad debt as components of uncompensated care;
new text end

new text begin (2) the impact of any changes in hospitals' charity care policies and debt collection
practices in the past three years on the amount of uncompensated care provided and the
number of patients receiving uncompensated care; and
new text end

new text begin (3) the value of hospital uncompensated care and community benefits in comparison
to the value of tax exemptions received as a result of nonprofit status.
new text end

new text begin (b) The commissioner's report to the legislature shall include recommendations on:
(1) the need for more uniform hospital charity care policies and debt collection practices;
and (2) the need for more uniform reporting of community benefits provided by nonprofit
hospitals.
new text end

Sec. 12. new text begin STUDY; REPORT.
new text end

new text begin The medical director for medical assistance and the assistant commissioner for
chemical and mental health services of the Department of Human Services, in conjunction
with the mental health licensing boards, shall evaluate the requirements for licensed
mental health practitioners to receive medical assistance reimbursement under Minnesota
Statutes, section 256B.0625, subdivision 38. The purpose of this study is to evaluate
qualifications of all licensed mental health practitioners and licensed mental health
professionals and make recommendations regarding requirements for medical assistance
reimbursement. This study is to be completed by January 15, 2007. Written results of
the study are to be submitted to the chairs of the house of representatives and senate
committees with jurisdiction over health related licensing boards.
new text end

Sec. 13. new text begin APPROPRIATIONS.
new text end

new text begin $5,000 is appropriated from the state government special revenue fund in fiscal year
2006 and $5,000 is appropriated from the state government special revenue fund in fiscal
year 2007 to the Board of Chiropractic Examiners, to correct programming difficulties
incurred during implementation of payment processing changes. This is a onetime
appropriation.
new text end

ARTICLE 2

Section 1.

Minnesota Statutes 2004, section 145.4241, is amended by adding a
subdivision to read:

new text begin Subd. 3a. new text end

new text begin Fetal anomaly incompatible with life. new text end

new text begin "Fetal anomaly incompatible
with life" means a fetal anomaly diagnosed before birth that will with reasonable certainty
result in death of the unborn child within three months. Fetal anomaly incompatible with
life does not include conditions which can be treated.
new text end

Sec. 2.

Minnesota Statutes 2004, section 145.4241, is amended by adding a subdivision
to read:

new text begin Subd. 4a. new text end

new text begin Perinatal hospice. new text end

new text begin (a) "Perinatal hospice" means comprehensive support
to the female and her family that includes support from the time of diagnosis through the
time of birth and death of the infant and through the postpartum period. Supportive care
may include maternal-fetal medical specialists, obstetricians, neonatologists, anesthesia
specialists, clergy, social workers, and specialty nurses.
new text end

new text begin (b) The availability of perinatal hospice provides an alternative to families for whom
elective pregnancy termination is not chosen.
new text end

Sec. 3.

Minnesota Statutes 2005 Supplement, section 145.4242, is amended to read:

145.4242 INFORMED CONSENT.

(a) No abortion shall be performed in this state except with the voluntary and
informed consent of the female upon whom the abortion is to be performed. Except in
the case of a medical emergency new text begin or if the fetus has an anomaly incompatible with life,
and the female has declined perinatal hospice care new text end , consent to an abortion is voluntary
and informed only if:

(1) the female is told the following, by telephone or in person, by the physician who
is to perform the abortion or by a referring physician, at least 24 hours before the abortion:

(i) the particular medical risks associated with the particular abortion procedure to be
employed including, when medically accurate, the risks of infection, hemorrhage, breast
cancer, danger to subsequent pregnancies, and infertility;

(ii) the probable gestational age of the unborn child at the time the abortion is to
be performed;

(iii) the medical risks associated with carrying her child to term; and

(iv) for abortions after 20 weeks gestational, whether or not an anesthetic or
analgesic would eliminate or alleviate organic pain to the unborn child caused by the
particular method of abortion to be employed and the particular medical benefits and risks
associated with the particular anesthetic or analgesic.

The information required by this clause may be provided by telephone without
conducting a physical examination or tests of the patient, in which case the information
required to be provided may be based on facts supplied to the physician by the female and
whatever other relevant information is reasonably available to the physician. It may not be
provided by a tape recording, but must be provided during a consultation in which the
physician is able to ask questions of the female and the female is able to ask questions
of the physician. If a physical examination, tests, or the availability of other information
to the physician subsequently indicate, in the medical judgment of the physician, a
revision of the information previously supplied to the patient, that revised information
may be communicated to the patient at any time prior to the performance of the abortion.
Nothing in this section may be construed to preclude provision of required information in
a language understood by the patient through a translator;

(2) the female is informed, by telephone or in person, by the physician who is to
perform the abortion, by a referring physician, or by an agent of either physician at least
24 hours before the abortion:

(i) that medical assistance benefits may be available for prenatal care, childbirth,
and neonatal care;

(ii) that the father is liable to assist in the support of her child, even in instances
when the father has offered to pay for the abortion; and

(iii) that she has the right to review the printed materials described in section
145.4243, that these materials are available on a state-sponsored Web site, and what the
Web site address is. The physician or the physician's agent shall orally inform the female
that the materials have been provided by the state of Minnesota and that they describe the
unborn child, list agencies that offer alternatives to abortion, and contain information on
fetal pain. If the female chooses to view the materials other than on the Web site, they
shall either be given to her at least 24 hours before the abortion or mailed to her at least 72
hours before the abortion by certified mail, restricted delivery to addressee, which means
the postal employee can only deliver the mail to the addressee.

The information required by this clause may be provided by a tape recording if
provision is made to record or otherwise register specifically whether the female does or
does not choose to have the printed materials given or mailed to her;

(3) the female certifies in writing, prior to the abortion, that the information
described in clauses (1) and (2) has been furnished to her and that she has been informed
of her opportunity to review the information referred to in clause (2), subclause (iii); and

(4) prior to the performance of the abortion, the physician who is to perform the
abortion or the physician's agent obtains a copy of the written certification prescribed by
clause (3) and retains it on file with the female's medical record for at least three years
following the date of receipt.

(b) Prior to administering the anesthetic or analgesic as described in paragraph (a),
clause (1), item (iv), the physician must disclose to the woman any additional cost of the
procedure for the administration of the anesthetic or analgesic. If the woman consents
to the administration of the anesthetic or analgesic, the physician shall administer the
anesthetic or analgesic or arrange to have the anesthetic or analgesic administered.

new text begin (c) A female seeking an abortion of her unborn child diagnosed with fetal anomaly
incompatible with life must be informed of available perinatal hospice services and offered
this care as an alternative to abortion. If perinatal hospice services are declined, voluntary
and informed consent by the female seeking an abortion is given if the female receives
the information required in paragraphs (a), clause (1) and (b). The female must comply
with the requirements in paragraph (a), clauses (3) and (4).
new text end

Sec. 4.

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

Subd. 2.

Master's or doctoral degree required.

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

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

new text begin EFFECTIVE DATE. new text end

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

Sec. 5.

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

Subd. 6.

Dispensing audiologist examination requirements.

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

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

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

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

new text begin EFFECTIVE DATE. new text end

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

Sec. 6.

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

148.5175 TEMPORARY LICENSURE.

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

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

(2) either:

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

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

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

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

new text begin EFFECTIVE DATE. new text end

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

Sec. 7.

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

148.518 LICENSURE FOLLOWING LAPSE OF LICENSURE STATUS.

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

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

(2) fulfill the requirements of section 148.517;

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

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

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

new text begin EFFECTIVE DATE. new text end

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

Sec. 8.

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

Subdivision 1.

Number of contact hours required.

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

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

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

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

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

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

(ii) directly related to speech-language pathology;

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

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

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

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

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

new text begin EFFECTIVE DATE. new text end

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

Sec. 9.

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

new text begin Subd. 7. new text end

new text begin Authority to contract. new text end

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

new text begin EFFECTIVE DATE. new text end

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

Sec. 10.

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

Subd. 7.

Approval.

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

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

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

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

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

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

new text begin EFFECTIVE DATE. new text end

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

Sec. 11.

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

Subd. 2.

Standards for determining qualified continuing education activities.

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

(1) constitute an organized program of learning;

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

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

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

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

new text begin EFFECTIVE DATE. new text end

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

Sec. 12.

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

Subd. 3.

Activities qualifying for continuing education contact hours.

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

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

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

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

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

(i) one semester credit equals 14 contact hours;

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

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

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

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

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

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

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

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

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

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

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

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

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

new text begin EFFECTIVE DATE. new text end

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

Sec. 13.

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

Subd. 4.

Activities not qualifying for continuing education contact hours.

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

new text begin EFFECTIVE DATE. new text end

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

Sec. 14.

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

new text begin Subd. 6. new text end

new text begin Authority to contract. new text end

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

new text begin EFFECTIVE DATE. new text end

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

Sec. 15.

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

Subd. 4.

Hearing instrument dispensing.

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

new text begin EFFECTIVE DATE. new text end

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

Sec. 16.

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

Subd. 4c.

Reciprocity.

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

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

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

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

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

new text begin EFFECTIVE DATE. new text end

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

Sec. 17.

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

new text begin Subd. 5. new text end

new text begin Authority to contract. new text end

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

new text begin EFFECTIVE DATE. new text end

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