Minnesota Legislature
SF 37
2nd Engrossment - 89th Legislature (2015 - 2016) Posted on 04/07/2016 01:25pm
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A bill for an act
relating to health professions; licensing genetic counselors; proposing coding for
new law as Minnesota Statutes, chapter 147F.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
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[147F.01] DEFINITIONS.
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new text begin Subdivision 1. new text end
new text begin Applicability. new text end
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For purposes of this chapter, the terms defined in
this section have the meanings given them.
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new text begin Subd. 2. new text end
new text begin ABGC. new text end
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"ABGC" means the American Board of Genetic Counseling, a
national agency for certification and recertification of genetic counselors, or its successor
organization or equivalent.
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new text begin Subd. 3. new text end
new text begin ABMG. new text end
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"ABMG" means the American Board of Medical Genetics,
a national agency for certification and recertification of genetic counselors, medical
geneticists, and Ph.D. geneticists, or its successor organization.
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new text begin Subd. 4. new text end
new text begin ACGC. new text end
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"ACGC" means the Accreditation Council for Genetic Counseling,
a specialized program accreditation board for educational training programs granting
master's degrees or higher in genetic counseling, or its successor organization.
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new text begin Subd. 5. new text end
new text begin Board. new text end
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"Board" means the Board of Medical Practice.
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new text begin Subd. 6. new text end
new text begin Eligible status. new text end
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"Eligible status" means an applicant who has met the
requirements and received approval from the ABGC to sit for the certification examination.
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new text begin Subd. 7. new text end
new text begin Genetic counseling. new text end
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"Genetic counseling" means the provision of services
described in section 147F.03 to help clients and their families understand the medical,
psychological, and familial implications of genetic contributions to a disease or medical
condition.
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new text begin Subd. 8. new text end
new text begin Genetic counselor. new text end
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"Genetic counselor" means an individual licensed
under this chapter to engage in the practice of genetic counseling.
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new text begin Subd. 9. new text end
new text begin Licensed physician. new text end
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"Licensed physician" means an individual who is
licensed to practice medicine under chapter 147.
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new text begin Subd. 10. new text end
new text begin NSGC. new text end
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"NSGC" means the National Society of Genetic Counselors, a
professional membership association for genetic counselors that approves continuing
education programs.
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new text begin Subd. 11. new text end
new text begin Qualified supervisor. new text end
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"Qualified supervisor" means any person who is
licensed under this chapter as a genetic counselor or a physician licensed under chapter
147 to practice medicine in Minnesota.
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new text begin Subd. 12. new text end
new text begin Supervisee. new text end
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"Supervisee" means a genetic counselor with a provisional
license.
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new text begin Subd. 13. new text end
new text begin Supervision. new text end
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"Supervision" means an assessment of the work of the
supervisee, including regular meetings and file review, by a qualified supervisor according
to the supervision contract. Supervision does not require the qualified supervisor to be
present while the supervisee provides services.
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Sec. 2.
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[147F.03] SCOPE OF PRACTICE.
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The practice of genetic counseling by a licensed genetic counselor includes the
following services:
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(1) obtaining and interpreting individual and family medical and developmental
histories;
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(2) determining the mode of inheritance and the risk of transmitting genetic
conditions and birth defects;
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(3) discussing the inheritance, features, natural history, means of diagnosis, and
management of conditions with clients;
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(4) identifying, coordinating, ordering, and explaining the clinical implications of
genetic laboratory tests and other laboratory studies;
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(5) assessing psychosocial factors, including social, educational, and cultural issues;
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(6) providing client-centered counseling and anticipatory guidance to the client or
family based on their responses to the condition, risk of occurrence, or risk of recurrence;
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(7) facilitating informed decision-making about testing and management;
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(8) identifying and using community resources that provide medical, educational,
financial, and psychosocial support and advocacy; and
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(9) providing accurate written medical, genetic, and counseling information for
families and health care professionals.
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Sec. 3.
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[147F.05] UNLICENSED PRACTICE PROHIBITED; PROTECTED
TITLES AND RESTRICTIONS ON USE.
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new text begin Subdivision 1. new text end
new text begin Protected titles. new text end
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No individual may use the title "genetic counselor,"
"licensed genetic counselor," "gene counselor," "genetic consultant,""genetic assistant,"
"genetic associate," or any words, letters, abbreviations, or insignia indicating or implying
that the individual is eligible for licensure by the state as a genetic counselor unless the
individual has been licensed as a genetic counselor according to this chapter.
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new text begin Subd. 2. new text end
new text begin Unlicensed practice prohibited. new text end
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No individual may practice genetic
counseling unless the individual is licensed as a genetic counselor under this chapter
except as otherwise provided under this chapter.
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new text begin Subd. 3. new text end
new text begin Other practitioners. new text end
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(a) Nothing in this chapter shall be construed to
prohibit or restrict the practice of any profession or occupation licensed or registered by the
state by an individual duly licensed or registered to practice the profession or occupation
or to perform any act that falls within the scope of practice of the profession or occupation.
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(b) Nothing in this chapter shall be construed to require a license under this chapter
for:
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(1) an individual employed as a genetic counselor by the federal government or a
federal agency if the individual is providing services under the direction and control of
the employer;
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(2) a student or intern, having graduated within the past six months, or currently
enrolled in an ACGC-accredited genetic counseling educational program providing
genetic counseling services that are an integral part of the student's or intern's course
of study, are performed under the direct supervision of a licensed genetic counselor or
physician who is on duty in the assigned patient care area, and the student is identified by
the title "genetic counseling intern";
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(3) a visiting ABGC- or ABMG-certified genetic counselor working as a consultant
in this state who permanently resides outside of the state, or the occasional use of services
from organizations from outside of the state that employ ABGC- or ABMG-certified
genetic counselors. This is limited to practicing for 30 days total within one calendar year.
Certified genetic counselors from outside of the state working as a consultant in this state
must be licensed in their state of residence if that credential is available; or
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(4) an individual who is licensed to practice medicine under chapter 147.
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new text begin Subd. 4. new text end
new text begin Sanctions. new text end
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An individual who violates this section is guilty of a
misdemeanor and shall be subject to sanctions or actions according to section 214.11.
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Sec. 4.
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[147F.07] LICENSURE REQUIREMENTS.
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new text begin Subdivision 1. new text end
new text begin General requirements for licensure. new text end
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To be eligible for licensure, an
applicant, with the exception of those seeking licensure by reciprocity under subdivision
2, must submit to the board:
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(1) a completed application on forms provided by the board along with all fees
required under section 147F.17. The applicant must include:
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(i) the applicant's name, Social Security number, home address and telephone
number, and business address and telephone number if currently employed;
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(ii) the name and location of the genetic counseling or medical program the applicant
completed;
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(iii) a list of degrees received from other educational institutions;
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(iv) a description of the applicant's professional training;
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(v) a list of registrations, certifications, and licenses held in other jurisdictions;
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(vi) a description of any other jurisdiction's refusal to credential the applicant;
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(vii) a description of all professional disciplinary actions initiated against the
applicant in any jurisdiction; and
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(viii) any history of drug or alcohol abuse, and any misdemeanor, gross
misdemeanor, or felony conviction;
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(2) evidence of graduation from an education program accredited by the ACGC or
its predecessor or successor organization;
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(3) a verified copy of a valid and current certification issued by the ABGC or ABMG
as a certified genetic counselor, or by the ABMG as a certified medical geneticist;
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(4) additional information as requested by the board, including any additional
information necessary to ensure that the applicant is able to practice with reasonable skill
and safety to the public;
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(5) a signed statement verifying that the information in the application is true and
correct to the best of the applicant's knowledge and belief; and
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(6) a signed waiver authorizing the board to obtain access to the applicant's records
in this or any other state in which the applicant completed an educational program or
engaged in the practice of genetic counseling.
new text end
new text begin Subd. 2. new text end
new text begin Licensure by reciprocity. new text end
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To be eligible for licensure by reciprocity,
the applicant must hold a current genetic counselor or medical geneticist registration
or license in another state, the District of Columbia, or a territory of the United States,
whose standards for registration or licensure are at least equivalent to those of Minnesota,
and must:
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(1) submit the application materials and fees as required by subdivision 1, clauses
(1), (2), and (4) to (6);
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(2) provide a verified copy from the appropriate government body of a current
registration or license for the practice of genetic counseling in another jurisdiction that has
initial registration or licensing requirements equivalent to or higher than the requirements
in subdivision 1; and
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(3) provide letters of verification from the appropriate government body in each
jurisdiction in which the applicant holds a registration or license. Each letter must state
the applicant's name, date of birth, registration or license number, date of issuance, a
statement regarding disciplinary actions, if any, taken against the applicant, and the terms
under which the registration or license was issued.
new text end
new text begin Subd. 3. new text end
new text begin Licensure by equivalency. new text end
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(a) The board may grant a license to an
individual who does not meet the certification requirements in subdivision 1 but who
has been employed as a genetic counselor for a minimum of ten years and provides the
following documentation to the board no later than February 1, 2017:
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(1) proof of a master's or higher degree in genetics or related field of study from an
accredited educational institution;
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(2) proof that the individual has never failed the ABGC or ABMG certification
examination;
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(3) three letters of recommendation, with at least one from an individual eligible
for licensure under this chapter, and at least one from an individual certified as a genetic
counselor by the ABGC or ABMG or an individual certified as a medical geneticist by
the ABMG. An individual who submits a letter of recommendation must have worked
with the applicant in an employment setting during the past ten years and must attest to
the applicant's competency; and
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(4) documentation of the completion of 100 hours of NSGC-approved continuing
education credits within the past five years.
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(b) This subdivision expires February 1, 2017.
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new text begin Subd. 4. new text end
new text begin License expiration. new text end
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A genetic counselor license shall be valid for one
year from the date of issuance.
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new text begin Subd. 5. new text end
new text begin License renewal. new text end
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To be eligible for license renewal, a licensed genetic
counselor must submit to the board:
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(1) a renewal application on a form provided by the board;
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(2) the renewal fee required under section 147F.17;
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(3) evidence of compliance with the continuing education requirements in section
147F.11; and
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(4) any additional information requested by the board.
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Sec. 5.
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[147F.09] BOARD ACTION ON APPLICATIONS FOR LICENSURE.
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(a) The board shall act on each application for licensure according to paragraphs
(b) to (d).
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(b) The board shall determine if the applicant meets the requirements for licensure
under section 147F.07. The board may investigate information provided by an applicant to
determine whether the information is accurate and complete.
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(c) The board shall notify each applicant in writing of action taken on the application,
the grounds for denying licensure if a license is denied, and the applicant's right to review
the board's decision under paragraph (d).
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(d) Applicants denied licensure may make a written request to the board, within 30
days of the board's notice, to appear before the advisory council and for the advisory
council to review the board's decision to deny the applicant's license. After reviewing the
denial, the advisory council shall make a recommendation to the board as to whether
the denial shall be affirmed. Each applicant is allowed only one request for review per
licensure period.
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Sec. 6.
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[147F.11] CONTINUING EDUCATION REQUIREMENTS.
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(a) A licensed genetic counselor must complete a minimum of 25 hours of NSGC-
or ABMG-approved continuing education units every two years. If a licensee's renewal
term is prorated to be more or less than one year, the required number of continuing
education units is prorated proportionately.
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(b) The board may grant a variance to the continuing education requirements
specified in this section if a licensee demonstrates to the satisfaction of the board that the
licensee is unable to complete the required number of educational units during the renewal
term. The board may allow the licensee to complete the required number of continuing
education units within a time frame specified by the board. In no case shall the board
allow the licensee to complete less than the required number of continuing education units.
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Sec. 7.
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[147F.13] DISCIPLINE; REPORTING.
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For purposes of this chapter, licensed genetic counselors and applicants are subject
to sections 147.091 to 147.162.
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Sec. 8.
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[147F.15] LICENSED GENETIC COUNSELOR ADVISORY COUNCIL.
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new text begin Subdivision 1. new text end
new text begin Membership. new text end
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The board shall appoint a five-member Licensed
Genetic Counselor Advisory Council. One member must be a licensed physician with
experience in genetics, three members must be licensed genetic counselors, and one
member must be a public member.
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new text begin Subd. 2. new text end
new text begin Organization. new text end
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The advisory council shall be organized and administered
as provided in section 15.059.
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new text begin Subd. 3. new text end
new text begin Duties. new text end
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The advisory council shall:
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(1) advise the board regarding standards for licensed genetic counselors;
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(2) provide for distribution of information regarding licensed genetic counselor
practice standards;
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(3) advise the board on enforcement of this chapter;
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(4) review applications and recommend granting or denying licensure or license
renewal;
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(5) advise the board on issues related to receiving and investigating complaints,
conducting hearings, and imposing disciplinary action in relation to complaints against
licensed genetic counselors; and
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(6) perform other duties authorized for advisory councils under chapter 214, as
directed by the board.
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new text begin Subd. 4. new text end
new text begin Expiration. new text end
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Notwithstanding section 15.059, the advisory council does
not expire.
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Sec. 9.
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[147F.17] FEES.
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new text begin Subdivision 1. new text end
new text begin Fees. new text end
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Fees are as follows:
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(1) license application fee, $200;
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(2) initial licensure and annual renewal, $150; and
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(3) late fee, $75.
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new text begin Subd. 2. new text end
new text begin Proration of fees. new text end
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The board may prorate the initial license fee. All
licensees are required to pay the full fee upon license renewal.
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new text begin Subd. 3. new text end
new text begin Penalty for late renewals. new text end
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An application for registration renewal
submitted after the deadline must be accompanied by a late fee in addition to the required
fees.
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new text begin Subd. 4. new text end
new text begin Nonrefundable fees. new text end
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All fees are nonrefundable.
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new text begin Subd. 5. new text end
new text begin Deposit. new text end
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Fees collected by the board under this section shall be deposited
in the state government special revenue fund.
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