SF 614

2nd Engrossment - 90th Legislature (2017 - 2018) Posted on 05/22/2018 12:22pm

A bill for an act
relating to health licensing; modifying the Minnesota Athletic Trainers Act and
Minnesota Psychology Practice Act; amending Minnesota Statutes 2016, sections
148.7802, subdivisions 2, 3, 6, 9; 148.7803; 148.7804; 148.7805, subdivisions 1,
3; 148.7806; 148.7808, subdivision 1; 148.7809, subdivisions 1, 2, 4; 148.7810,
subdivisions 1, 3; 148.7811; 148.7812, subdivisions 1, 2, 4; 148.7813, subdivision
5; 148.7815; 148.915; Minnesota Statutes 2017 Supplement, section 148.925,
subdivisions 5, 6; repealing Minnesota Statutes 2016, sections 148.7808,
subdivisions 3, 4, 5; 148.7812, subdivisions 3, 5.

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

Section 1.

Minnesota Statutes 2016, section 148.7802, subdivision 2, is amended to read:

Subd. 2.

Approved continuing education program.

"Approved continuing education
program" means a continuing education program that meets the continuing education
maintenance of competence requirements in section 148.7812 and is approved by the board.

Sec. 2.

Minnesota Statutes 2016, section 148.7802, subdivision 3, is amended to read:

Subd. 3.

Approved education program.

"Approved education program" means a
university, college, or other postsecondary an education program of athletic training offered
by an accredited university, college, or other postsecondary institution that, at the time the
student completes the program, is approved or accredited by a nationally recognized
accreditation agency for athletic training education programs approved by the board. the
student is eligible to attain national certification as an athletic trainer from the Board of
Certification for the Athletic Trainer or its recognized successor.

Sec. 3.

Minnesota Statutes 2016, section 148.7802, subdivision 6, is amended to read:

Subd. 6.

Athletic trainer.

"Athletic trainer" means a person who engages in athletic
training under section 148.7806 and is registered licensed under section 148.7808.

Sec. 4.

Minnesota Statutes 2016, section 148.7802, subdivision 9, is amended to read:

Subd. 9.

Credentialing examination.

"Credentialing examination" means an examination
administered by the Board of Certification, for the Athletic Trainer or the board's its
recognized successor, for credentialing as an athletic trainer, or an examination for
credentialing offered by a national testing service that is approved by the board.

Sec. 5.

Minnesota Statutes 2016, section 148.7803, is amended to read:

148.7803 DESIGNATION OF ATHLETIC TRAINER PROHIBITED PRACTICE
OR USE OF TITLES; PENALTY.

Subdivision 1.

License required.

No person shall engage in athletic training without
first being licensed under sections 148.7801 to 148.7815. A person engages in athletic
training if the person performs or offers to perform athletic training as defined in section
148.7806.

Subdivision 1. Subd. 2.

Designation.

(a) A person shall not use in connection with the
person's name or in any form of advertising, professional literature, or billing that relates
to the person's occupation or profession as an athletic trainer, the words or letters registered
athletic trainer; licensed athletic trainer; Minnesota registered athletic trainer; athletic trainer;
AT; LAT; ATR; or any words, letters, abbreviations, or insignia indicating or implying that
the person is an athletic trainer, without a certificate of registration being licensed as an
athletic trainer issued under sections 148.7808 to 148.7810 148.7801 to 148.7815. A student
attending a college or university athletic training program must be identified as an "athletic
training student."

(b) Any person who is exempt from licensure under subdivision 3 must not use any of
the titles identified in paragraph (a), or any description stating or implying that they are
engaged in the practice of athletic training or that they are licensed to engage in the practice
of athletic training.

Subd. 3.

Exceptions.

(a) Nothing in sections 148.7801 to 148.7815 shall be construed
to prohibit the practice of any profession or occupation licensed or registered by the state
or to perform any act that falls within the scope of practice of the licensed or registered
profession or occupation.

(b) Nothing in sections 148.7801 to 148.7815 shall be construed to require an athletic
trainer license for:

(1) a student engaged in athletic training as part of an accredited athletic training program
if the student is under the direct supervision of a licensed athletic trainer and is identified
as an "athletic training student;" or

(2) an athletic trainer as a member of the United States armed forces while performing
duties incident to duty.

Subd. 2 4.

Penalty.

A person who violates this section is guilty of a misdemeanor and
subject to section 214.11.

Sec. 6.

Minnesota Statutes 2016, section 148.7804, is amended to read:

148.7804 POWERS OF THE BOARD.

The board, acting under the advice of the Athletic Trainers Advisory Council, shall issue
all registrations licenses and shall exercise the following powers and duties:

(1) adopt rules necessary to implement sections 148.7801 to 148.7815;

(2) prescribe registration license application forms, certificate of registration license
forms, protocol forms, and other necessary forms;

(3) approve a registration licensure examination;

(4) keep a complete record of registered licensed athletic trainers, prepare a current
official listing of the names and addresses of registered licensed athletic trainers, and make
a copy of the list available to any person requesting it upon payment of a copying fee
established by the board;

(5) keep a permanent record of all its proceedings; and

(6) establish the duties of, and employ, clerical personnel.

Sec. 7.

Minnesota Statutes 2016, section 148.7805, subdivision 1, is amended to read:

Subdivision 1.

Membership.

The Athletic Trainers Advisory Council is created and is
composed of eight members appointed by the board. The advisory council consists of:

(1) two public members as defined in section 214.02;

(2) three members who are registered licensed athletic trainers, one being both a licensed
physical therapist and registered licensed athletic trainer as submitted by the Minnesota
American Physical Therapy Association;

(3) two members who are medical physicians licensed by the state and have experience
with athletic training and sports medicine; and

(4) one member who is a doctor of chiropractic licensed by the state and has experience
with athletic training and sports injuries.

Sec. 8.

Minnesota Statutes 2016, section 148.7805, subdivision 3, is amended to read:

Subd. 3.

Duties.

The advisory council shall:

(1) advise the board regarding standards for athletic trainers;

(2) distribute information regarding athletic trainer standards;

(3) advise the board on enforcement of sections 148.7801 to 148.7815;

(4) review registration license applications and registration license renewal applications
and make recommendations to the board;

(5) review complaints in accordance with sections 214.10 and 214.13, subdivision 6;

(6) review investigation reports of complaints and recommend to the board whether
disciplinary action should be taken;

(7) advise the board regarding evaluation and treatment protocols;

(8) advise the board regarding approval of continuing education programs; and

(9) perform other duties authorized for advisory councils under chapter 214, as directed
by the board.

Sec. 9.

Minnesota Statutes 2016, section 148.7806, is amended to read:

148.7806 ATHLETIC TRAINING.

Athletic training by a registered licensed athletic trainer under section 148.7808 includes
the activities described in paragraphs (a) to (e).

(a) An athletic trainer shall:

(1) prevent, recognize, and evaluate athletic injuries;

(2) give emergency care and first aid;

(3) manage and treat athletic injuries; and

(4) rehabilitate and physically recondition athletic injuries.

The athletic trainer may use modalities such as cold, heat, light, sound, electricity,
exercise, and mechanical devices for treatment and rehabilitation of athletic injuries to
athletes in the primary employment site.

(b) The primary physician shall establish evaluation and treatment protocols to be used
by the athletic trainer. The primary physician shall record the protocols on a form prescribed
by the board. The protocol form must be updated yearly at the athletic trainer's registration
license renewal time and kept on file by the athletic trainer.

(c) At the primary employment site, except in a corporate setting, an athletic trainer may
evaluate and treat an athlete for an athletic injury not previously diagnosed for not more
than 30 days, or a period of time as designated by the primary physician on the protocol
form, from the date of the initial evaluation and treatment. Preventative care after resolution
of the injury is not considered treatment. This paragraph does not apply to a person who is
referred for treatment by a person licensed in this state to practice medicine as defined in
section 147.081, to practice chiropractic as defined in section 148.01, to practice podiatry
as defined in section 153.01, or to practice dentistry as defined in section 150A.05 and
whose license is in good standing.

(d) An athletic trainer may:

(1) organize and administer an athletic training program including, but not limited to,
educating and counseling athletes;

(2) monitor the signs, symptoms, general behavior, and general physical response of an
athlete to treatment and rehabilitation including, but not limited to, whether the signs,
symptoms, reactions, behavior, or general response show abnormal characteristics; and

(3) make suggestions to the primary physician or other treating provider for a modification
in the treatment and rehabilitation of an injured athlete based on the indicators in clause (2).

(e) In a clinical, corporate, and physical therapy setting, when the service provided is,
or is represented as being, physical therapy, an athletic trainer may work only under the
direct supervision of a physical therapist as defined in section 148.65.

Sec. 10.

Minnesota Statutes 2016, section 148.7808, subdivision 1, is amended to read:

Subdivision 1.

Registration Licensure.

The board may issue a certificate of registration
as an athletic trainer license to applicants who meet the requirements under this section. An
applicant for registration licensure as an athletic trainer shall:

(1) pay a fee under section 148.7815 and;

(2) file a written application on a form, provided by the board, that includes:

(1) (i) the applicant's name, Social Security number, home address and telephone number,
business address and telephone number, and business setting;

(2) (ii) evidence satisfactory to the board of the successful completion of an education
program approved by the board current national credentialing as a certified athletic trainer
by the Board of Certification for the Athletic Trainer or its recognized successor;

(3) (iii) educational background;

(4) proof of a baccalaureate or master's degree from an accredited college or university;

(5) credentials held in other jurisdictions;

(iv) credentials held in this state or in other jurisdictions;

(6) (v) a description of any other jurisdiction's refusal to credential the applicant;

(7) (vi) a description of all professional disciplinary actions initiated against the applicant
in any other jurisdiction;

(8) (vii) any history of drug or alcohol abuse, and any misdemeanor or felony conviction;

(9) evidence satisfactory to the board of a qualifying score on a credentialing examination;

(10) (viii) additional information as requested by the board;

(11) (ix) the applicant's signature on a statement that the information in the application
is true and correct to the best of the applicant's knowledge and belief; and

(12) (x) the applicant's signature on a waiver authorizing the board to obtain access to
the applicant's records in this state or any other state in which the applicant has completed
an education program approved by the board or, engaged in the practice of athletic training.,
or held other professional credentials;

(3) if the applicant holds or has held a credential as an athletic trainer in another
jurisdiction, provide verification from the credentialing body in each jurisdiction that the
applicant holds or has held a credential for the practice of athletic training; and

(4) if the applicant holds or has held a credential as another health professional in this
state or another jurisdiction, provide verification from the credentialing body for that
profession that the applicant holds or has held a credential for the practice of that profession.

Sec. 11.

Minnesota Statutes 2016, section 148.7809, subdivision 1, is amended to read:

Subdivision 1.

Requirements for registration license renewal.

A registered athletic
trainer shall apply to the board for a one-year extension of registration by paying a fee under
section 148.7815 and filing An athletic trainer license issued under section 148.7808 expires
annually. To renew a license, an athletic trainer shall pay a fee as required by section
148.7815 and complete a renewal application on a form provided by the board that includes:

(1) the athletic trainer's name, Minnesota athletic trainer registration license number,
home address and telephone number, business address and telephone number, and business
setting;

(2) work history for the past year, including the average number of hours worked per
week;

(3) a report of any change in status since initial registration licensure or previous
registration license renewal;

(4) evidence satisfactory to the board of having met the continuing education requirements
of section 148.7812;

(5) the athletic trainer's signature on a statement that a current copy of the protocol form
is on file at the athletic trainer's primary employment site; and

(6) additional information as requested by the board any history of drug or alcohol abuse,
and any misdemeanor or felony conviction; and

(7) any disciplinary action on any credential held in this state or in another jurisdiction.

Sec. 12.

Minnesota Statutes 2016, section 148.7809, subdivision 2, is amended to read:

Subd. 2.

Registration License renewal notice.

Before June 1 of each year, The board
shall annually send out a renewal notice to an athletic trainer's last known address on file
with the board. The notice shall include an application for registration license renewal and
notice of the fees required for renewal. An athletic trainer who does not receive a renewal
notice must still meet the requirements for registration license renewal under this section.

Sec. 13.

Minnesota Statutes 2016, section 148.7809, subdivision 4, is amended to read:

Subd. 4.

Lapse of registration status Licensure following lapse of licensed status for
two years or less.

(a) Except as provided in paragraph (b), In order to regain licensed status,
an athletic trainer whose registration license has lapsed for two years or less must:

(1) apply for registration license renewal under this section subdivision 1; and

(2) submit evidence satisfactory to the board from a licensed medical physician verifying
employment in athletic training for eight weeks every three years during the time of the
lapse in registration.

(2) document compliance with the continuing education requirements in section 148.7812
since the athletic trainer's initial licensure or last renewal; and

(3) submit the fees required by section 148.7815 for the period the athletic trainer was
not licensed, including the fee for late renewal.

(b) The board shall not renew, reissue, reinstate, or restore a registration license that has
lapsed after June 30, 1999, and has not been renewed within two annual renewal cycles
starting July 1, 2001. An athletic trainer whose registration license is canceled for nonrenewal
must obtain a new registration license by applying for registration licensure and fulfilling
all requirements then in existence for an initial registration license.

Sec. 14.

Minnesota Statutes 2016, section 148.7810, subdivision 1, is amended to read:

Subdivision 1.

Verification of application information.

The board or advisory council,
with the approval of the board, may verify information provided by an applicant for
registration licensure under section 148.7808 and registration license renewal under section
148.7809 to determine whether the information is accurate and complete.

Sec. 15.

Minnesota Statutes 2016, section 148.7810, subdivision 3, is amended to read:

Subd. 3.

Request for hearing by applicant denied registration licensure.

An applicant
denied registration licensure shall be notified of the determination, and the grounds for it,
and may request a hearing on the determination under Minnesota Rules, part 5615.0300,
by filing a written statement of issues with the board within 20 days after receipt of the
notice from the board. After the hearing, the board shall notify the applicant in writing of
its decision.

Sec. 16.

Minnesota Statutes 2016, section 148.7811, is amended to read:

148.7811 CHANGE OF ADDRESS.

A registered licensed athletic trainer must notify the board, in writing, within 30 days
of a change of address.

Sec. 17.

Minnesota Statutes 2016, section 148.7812, subdivision 1, is amended to read:

Subdivision 1.

Number of contact hours required Board of Certification for the
Athletic Trainer requirements.

An athletic trainer shall complete during every three-year
period at least the equivalent of 60 contact hours of continuing professional postdegree
education in programs approved by the board. meet the professional development
requirements of the Board of Certification for the Athletic Trainer in order to maintain
Board of Certification for the Athletic Trainer certification. These requirements may be met
through a board-approved continuing education program.

Sec. 18.

Minnesota Statutes 2016, section 148.7812, subdivision 2, is amended to read:

Subd. 2.

Approved programs.

The board shall approve a continuing education program
that has been approved for continuing education credit maintenance of competence by the
Board of Certification, for the Athletic Trainer or the board's its recognized successor.

Sec. 19.

Minnesota Statutes 2016, section 148.7812, subdivision 4, is amended to read:

Subd. 4.

Verification of continuing education credits requirements.

The board shall
periodically select a random sample of athletic trainers and require the athletic trainers to
show evidence to the board of having completed the continuing education requirements
attested to by the athletic trainer. Either the athletic trainer or state or national organizations
that maintain continuing education records may provide to the board documentation of
attendance at a continuing education program.

Sec. 20.

Minnesota Statutes 2016, section 148.7813, subdivision 5, is amended to read:

Subd. 5.

Discipline; reporting.

For the purposes of this chapter, registered licensed
athletic trainers and applicants are subject to sections 147.091 to 147.162.

Sec. 21.

Minnesota Statutes 2016, section 148.7815, is amended to read:

148.7815 FEES.

Subdivision 1.

Fees.

The board shall establish fees as follows:

(1) application fee, $50; and

(2) annual registration license fee, $100;

(3) temporary registration, $100; and

(4) temporary permit, $50.

Subd. 2.

Proration of fees.

The board may prorate the initial annual fee for registration
licensure under section 148.7808. Athletic trainers registered licensed under section 148.7808
are required to pay the full fee upon registration license renewal.

Subd. 3.

Penalty for a late application for registration license renewal.

The penalty
for late submission of a registration license renewal application under section 148.7809 is
$15.

Subd. 4.

Nonrefundable fees.

The fees in this section are nonrefundable.

Sec. 22.

Minnesota Statutes 2016, section 148.915, is amended to read:

148.915 RECIPROCITY.

(a) The board may grant a license to an applicant who meets the following requirements:

(1) submits to the board a notarized application for licensure as a licensed psychologist
by reciprocity;

(2) at the time of application, is licensed, certified, or registered to practice psychology
in another state or jurisdiction, and has been for at least five two consecutive years
immediately preceding the date of application;

(3) has a doctoral degree in psychology, which formed the basis for current licensure in
another state or jurisdiction;

(4) is of good moral character and has no pending complaints or active disciplinary or
corrective actions in any jurisdiction; and

(5) passes the Professional Responsibility Examination administered by the board and
pays the fee associated with sitting for the examination.

(b) If by the laws of any state or the rulings or decisions of the appropriate officers or
boards thereof, any burden, obligation, requirement, disqualification, or disability is put
upon licensed psychologists licensed and in good standing in this state, affecting the right
of these licensed psychologists to be registered or licensed in that state, then the same or
like burden, obligation, requirement, disqualification, or disability may be put upon the
licensure in this state of licensed psychologists licensed in that state.

Sec. 23.

Minnesota Statutes 2017 Supplement, section 148.925, subdivision 5, is amended
to read:

Subd. 5.

Supervisory consultation for an applicant for licensure as a licensed
psychologist.

Supervision of an applicant for licensure as a licensed psychologist shall
include at least two must total 100 hours and must include two hours per week of regularly
scheduled in-person consultations per week. For full-time employment experience, one hour
of which shall must be with the primary supervisor on an individual basis. The remaining
hour may be with a designated supervisor. The board may approve an exception to the
weekly supervision requirement for a week when the supervisor was ill or otherwise unable
to provide supervision. The board may prorate the two hours per week of supervision for
individuals preparing for licensure on a part-time basis. Supervised psychological
employment does not qualify for licensure when the supervisory consultation is not adequate
as described in subdivision 1, or in the board rules. The board shall not require a supervisee
to have more than two hours of supervision per week for the purpose of obtaining a license,
unless the supervisee is making up missed hours as permitted by the board.

Sec. 24.

Minnesota Statutes 2017 Supplement, section 148.925, subdivision 6, is amended
to read:

Subd. 6.

Supervisee duties Services provided by individuals preparing for licensure.

Applicants Individuals preparing for licensure as a licensed psychologist during their
postdegree supervised psychological employment experience may perform as part of their
training any of the services specified in section 148.89, subdivision 5, but only under qualified
supervision if the services are performed as part of their training.

Sec. 25. REVISOR'S INSTRUCTION.

In Minnesota Statutes and Minnesota Rules, the revisor of statutes shall change the term
"register" or "registration" to "license" or "licensure" or similar terms wherever they appear
in Minnesota Statutes and Minnesota Rules when referring to athletic trainers.

Sec. 26. REPEALER.

Minnesota Statutes 2016, sections 148.7808, subdivisions 3, 4, and 5; and 148.7812,
subdivisions 3 and 5, are repealed.

Sec. 27. EFFECTIVE DATE.

Sections 1 to 21, 25, and 26 are effective July 1, 2018. Athletic trainers' registrations
shall be converted to licenses at the next renewal. For purposes of interpreting sections 1
to 21, 25, and 26 after July 1, 2018, but before a registration is converted to a license, a
registration is equivalent to a license.

APPENDIX

Repealed Minnesota Statutes: S0614-2

148.7808 REGISTRATION; REQUIREMENTS.

Subd. 3.

Registration by reciprocity.

(a) The board may register by reciprocity an applicant who:

(1) submits the application materials and fees required under subdivision 1, clauses (1) to (8) and (10) to (12);

(2) provides a verified copy of a current and unrestricted credential for the practice of athletic training in another jurisdiction that has credentialing requirements equivalent to or more stringent than the requirements under subdivision 1; and

(3) provides letters of verification from the credentialing body in each jurisdiction in which the applicant holds a credential. Each letter must include the applicant's name, date of birth, credential number, date of issuance of the credential, a statement regarding disciplinary actions taken against the applicant, and the terms under which the credential was issued.

(b) An applicant for registration by reciprocity who has applied for registration under subdivision 1 and meets the requirements of paragraph (a), clause (1), may apply to the board for temporary registration under subdivision 4.

Subd. 4.

Temporary registration.

(a) The board may issue a temporary registration as an athletic trainer to qualified applicants. A temporary registration is issued for 120 days. An athletic trainer with a temporary registration may qualify for full registration after submission of verified documentation that the athletic trainer has achieved a qualifying score on a credentialing examination within 120 days after the date of the temporary registration. A temporary registration may not be renewed.

(b) Except as provided in subdivision 3, paragraph (a), clause (1), an applicant for a temporary registration must submit the application materials and fees for registration required under subdivision 1, clauses (1) to (8) and (10) to (12).

(c) An athletic trainer with a temporary registration shall work only under the direct supervision of an athletic trainer registered under this section. No more than two athletic trainers with temporary registrations shall work under the direction of a registered athletic trainer.

Subd. 5.

Temporary permit.

The board may issue a temporary permit to practice as an athletic trainer to an applicant eligible for registration under this section if the application for registration is complete, all applicable requirements in this section have been met, and a nonrefundable fee set by the board has been paid. The permit remains valid only until the meeting of the board at which a decision is made on the athletic trainer's application for registration.

148.7812 CONTINUING EDUCATION REQUIREMENTS.

Subd. 3.

Approval of continuing education programs.

A continuing education program that has not been approved under subdivision 2 shall be approved by the board if:

(1) the program content directly relates to the practice of athletic training or sports medicine;

(2) each member of the program faculty shows expertise in the subject matter by holding a degree from an accredited education program, having verifiable experience in the field of athletic training or sports medicine, having special training in the subject area, or having experience teaching in the subject area;

(3) the program lasts at least one contact hour;

(4) there are specific written objectives describing the goals of the program for the participants; and

(5) the program sponsor maintains attendance records for four years.

Subd. 5.

Restriction on continuing education topics.

To meet the continuing education requirement in subdivision 1, an athletic trainer may have no more than ten hours of continuing education in the areas of management, risk management, personal growth, and educational techniques in a three-year reporting period.