SF 4292

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/25/2022 10:24am

A bill for an act
relating to health care; permitting temporary practice by health care providers from
other jurisdictions.

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

Section 1. new text begin TEMPORARY PRACTICE BY HEALTH CARE PROVIDERS FROM
OTHER STATES.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms have
the meanings given.
new text end

new text begin (b) "Credential" means a license, permit, certificate, or registration.
new text end

new text begin (c) "Health care employer" means a health care system, hospital, clinic, long-term care
facility, or any other health care entity that employs, contracts with, or affiliates with health
care providers to provide health care services to patients.
new text end

new text begin (d) "Health care provider" means an individual who holds a valid, unexpired credential
issued by another state or territory that authorizes the individual to perform health care
services that are substantially the same as the services authorized to be performed within
the scope of practice for the following health-related occupations licensed by this state:
new text end

new text begin (1) a registered nurse, licensed practical nurse, or advanced practice registered nurse
licensed under Minnesota Statutes, sections 148.171 to 148.285;
new text end

new text begin (2) a physician licensed under Minnesota Statutes, chapter 147;
new text end

new text begin (3) a physician assistant licensed under Minnesota Statutes, chapter 147A;
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new text begin (4) a respiratory care practitioner licensed under Minnesota Statutes, chapter 147C;
new text end

new text begin (5) a chiropractor licensed under Minnesota Statutes, sections 148.01 to 148.108;
new text end

new text begin (6) a dentist, dental therapist, advanced dental therapist, dental hygienist, or dental
assistant licensed under Minnesota Statutes, chapter 150A;
new text end

new text begin (7) a physical therapist or physical therapist assistant licensed under Minnesota Statutes,
sections 148.65 to 148.78;
new text end

new text begin (8) a podiatrist licensed under Minnesota Statutes, chapter 153;
new text end

new text begin (9) a dietitian or nutritionist licensed under Minnesota Statutes, sections 148.621 to
148.634;
new text end

new text begin (10) an athletic trainer licensed under Minnesota Statutes, sections 148.7801 to 148.7815;
new text end

new text begin (11) an occupational therapist or occupational therapy assistant licensed under Minnesota
Statutes, sections 148.6401 to 148.6449;
new text end

new text begin (12) a pharmacist licensed under Minnesota Statutes, chapter 151;
new text end

new text begin (13) an acupuncturist licensed under Minnesota Statutes, chapter 147B;
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new text begin (14) a psychologist licensed under Minnesota Statutes, sections 148.88 to 148.981;
new text end

new text begin (15) a social worker licensed under Minnesota Statutes, chapter 148E;
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new text begin (16) an alcohol and drug counselor licensed under Minnesota Statutes, chapter 148F;
new text end

new text begin (17) a speech and language pathologist, audiologist, or speech-language pathology
assistant licensed under Minnesota Statutes, sections 148.511 to 148.5198;
new text end

new text begin (18) a marriage and family therapist licensed under Minnesota Statutes, section 148B.06
to 148B.392; or
new text end

new text begin (19) a professional counselor licensed under Minnesota Statutes, sections 148B.50 to
148B.593.
new text end

new text begin (e) "Health-related licensing board" has the meaning given in Minnesota Statutes, section
214.01, subdivision 2, paragraph (c).
new text end

new text begin (f) "Telehealth" has the meaning given in Minnesota Statutes, section 62A.673,
subdivision 2, paragraph (h).
new text end

new text begin Subd. 2. new text end

new text begin Practice by health care providers from other states. new text end

new text begin (a) Notwithstanding
any law to the contrary, a health care provider is authorized to provide services within the
scope of the credential that the health care provider holds in another state without being
issued a license to practice within this state by the appropriate health-related licensing board
if the requirements of this section are met.
new text end

new text begin (b) The health care provider must submit to the appropriate health-related licensing
board an application for a temporary permit within 30 days from the date the health care
provider begins to provide health care services for a health care employer in this state. As
part of the application, the health care provider must attest:
new text end

new text begin (1) to the date on which the health care provider first provided health care services in
this state under this section;
new text end

new text begin (2) that the health care provider holds a valid, unexpired credential granted in another
state or territory; and
new text end

new text begin (3) that the health care provider is not currently under investigation and that there are
no restrictions or limitations currently placed on the health care provider's credential by the
credentialing state or any other jurisdiction.
new text end

new text begin (c) Upon receipt of the application, the appropriate health-related licensing board shall
issue a temporary permit to practice to the health care provider.
new text end

new text begin (d) If the health care provider performs any health care services other than services
provided through telehealth to a patient located in this state, the health care provider's health
care employer must submit an attestation to the appropriate health-related licensing board
within ten days from the date the health care provider begins to provide health care services
for the health care employer. The health care employer must attest that:
new text end

new text begin (1) the health care provider holds a valid, unexpired credential issued by another state
or territory; and
new text end

new text begin (2) to the best of the health care employer's knowledge and with reasonable certainty,
the health care provider is not currently under investigation and there are no restrictions or
limitations currently placed on the health care provider's credential by the credentialing
state or by any other jurisdiction.
new text end

new text begin (e) A health care provider who practices within the scope of a temporary permit issued
under this section shall have all the rights and is subject to all responsibilities, malpractice
insurance requirements, limitations in scope of practice, and other standards of practice
provisions that would apply if otherwise licensed to practice in this state. A health care
provider rendering services under a temporary permit under this section must submit to the
jurisdiction of the appropriate health-related licensing board. Nothing in this section prohibits
a health-related licensing board from investigating the information provided by a health
care provider in the application to determine whether the information is accurate and taking
appropriate action, including revoking the health care provider's temporary permit if the
information is determined to be false or deficient in any way.
new text end

Sec. 2. new text begin EFFECTIVE DATE.
new text end

new text begin (a) A temporary permit issued under section 1 shall become effective on the date the
health care provider first provided health care services in this state under section 1, as
specified in the temporary permit application the provider submitted. The temporary permit
remains in effect until 30 days following the termination or recision of the national emergency
declared by the United States president under United States Code, title 50, section 1621, in
response to the COVID-19 pandemic.
new text end

new text begin (b) Notwithstanding paragraph (a), if the health care provider has applied to the
appropriate health-related licensing board for a license to practice in this state in accordance
with the applicable licensure requirements under Minnesota law, the temporary permit
remains in effect until the date the appropriate health-related licensing board takes action
on the health care provider's licensure application.
new text end