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Minnesota Legislature

Office of the Revisor of Statutes

SF 1823

2nd Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 2nd Engrossment

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A bill for an act
relating to health professions; changing licensing requirements for physical
therapists; imposing penalties; amending Minnesota Statutes 2006, sections
148.65, subdivisions 2, 3, by adding a subdivision; 148.67, subdivision 1;
148.70; 148.705; 148.706; 148.71; 148.73; 148.735; 148.736, subdivision 1;
148.74; 148.75; 148.754; 148.755; 148.76, subdivision 1; 148.78; proposing
coding for new law in Minnesota Statutes, chapter 148; repealing Minnesota
Statutes 2006, sections 148.691, subdivision 3; 148.71, subdivision 1; 148.72;
148.745; 148.775; Minnesota Rules, parts 5601.0200; 5601.0300; 5601.0400;
5601.0500; 5601.0600; 5601.0700; 5601.0800; 5601.1400; 5601.1500;
5601.1600; 5601.2800; 5601.2900; 5601.3000; 5601.3105; 5601.3110;
5601.3115; 5601.3120; 5601.3125; 5601.3130; 5601.3135; 5601.3140;
5601.3145; 5601.3150; 5601.3155; 5601.3160; 5601.3165.

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

Section 1.

Minnesota Statutes 2006, section 148.65, subdivision 2, is amended to read:


Subd. 2.

Physical therapist.

"Physical therapist" means a personnew text begin, licensed by the
board,
new text end who practices physical therapy as defined in sections 148.65 to 148.78.

Sec. 2.

Minnesota Statutes 2006, section 148.65, subdivision 3, is amended to read:


Subd. 3.

Physical therapist assistant.

"Physical therapist assistant" means
a deleted text begingraduate of a physical therapist assistant educational program accredited by the
Commission on Accreditation in Physical Therapy Education (CAPTE) or a recognized
comparable national accrediting agency approved by the board. The physical therapist
assistant,
deleted text end new text beginperson, licensed by the board, who provides physical therapy new text endunder the
direction and supervision of deleted text beginthedeleted text end new text begina new text endphysical therapist, new text beginand who new text endperforms physical therapy
interventions and assists with coordination, communication, deleted text beginanddeleted text end documentationdeleted text begin;deleted text endnew text begin,new text end and
patient-client-related instruction. deleted text beginThe physical therapist is not required to be on-site
except as required under Minnesota Rules, part 5601.1500, but must be easily available
by telecommunications.
deleted text end

Sec. 3.

Minnesota Statutes 2006, section 148.65, is amended by adding a subdivision
to read:


new text begin Subd. 8. new text end

new text begin Licensee. new text end

new text begin "Licensee" means a person licensed as a physical therapist
or a physical therapist assistant.
new text end

Sec. 4.

Minnesota Statutes 2006, section 148.67, subdivision 1, is amended to read:


Subdivision 1.

Board of Physical Therapy appointed.

The governor shall appoint
a state Board of Physical Therapy to administer sections 148.65 to 148.78, regarding the
qualifications and examination of physical therapistsnew text begin and physical therapist assistantsnew text end. The
board shall consist of nine members, citizens and residents of the state of Minnesota,
composed of deleted text beginfourdeleted text end new text beginfive new text endphysical therapists, one licensed and registered doctor of medicine,
deleted text begin onedeleted text end new text begintwo new text endphysical deleted text begintherapy assistantdeleted text end new text begintherapist assistants new text endand three public members. The deleted text beginfourdeleted text end
physical therapist members new text beginand the physical therapist assistant members new text endmust be licensed
deleted text begin physical therapistsdeleted text end in this statedeleted text begin. Each of the four physical therapist members mustdeleted text end new text beginand new text endhave
at least five years' experience in physical therapy practice, physical therapy administration,
or physical therapy education. The five years' experience must immediately precede
appointment. Membership terms, compensation of members, removal of members,
filling of membership vacancies, and fiscal year and reporting requirements shall be as
provided in sections 214.07 to 214.09. The provision of staff, administrative services, and
office space; the review and processing of complaints; the setting of board fees; and
other provisions relating to board operations shall be as provided in chapter 214. Each
member of the board shall file with the secretary of state the constitutional oath of office
before beginning the term of office.

Sec. 5.

Minnesota Statutes 2006, section 148.70, is amended to read:


148.70 APPLICANTS, QUALIFICATIONS.

The Board of Physical Therapy must:

(1) establish the qualifications of applicants for licensing and continuing education
requirements for deleted text beginrelicensingdeleted text endnew text begin renewal of licensurenew text end;

(2) provide for and conduct all examinations following satisfactory completion of
all didactic requirements;

(3) determine the applicants who successfully pass the examination; and

(4) duly license an applicant after the applicant has presented evidence satisfactory
to the board that the applicant has deleted text begincompleted an accredited physical therapy educational
program of education or continuing education approved by the board
deleted text endnew text begin met all requirements
for licensure as a physical therapist or physical therapist assistant
new text end.

deleted text begin The passing score for examinations taken after July 1, 1995, shall be based on
objective, numerical standards, as established by a nationally recognized board approved
testing service.
deleted text end

Sec. 6.

Minnesota Statutes 2006, section 148.705, is amended to read:


148.705 APPLICATION.

new text begin Subdivision 1. new text end

new text begin Form; fee. new text end

An applicant for deleted text beginlicensingdeleted text end new text beginlicensure new text endas a physical
therapist new text beginor physical therapist assistant new text endshall deleted text beginfiledeleted text end new text beginsubmit new text enda written application on forms
provided by the board together with deleted text beginadeleted text end new text beginthe appropriate new text endfee in the amount set by the board.
No portion of the fee is refundable.new text begin No applicant will be approved to sit for the national
examination until the application is complete, as determined by the board.
new text end

deleted text begin An approved program for physical therapists shall include the following:
deleted text end

deleted text begin (1) a minimum of 60 academic semester credits or its equivalent from an accredited
college, including courses in the biological and physical sciences; and
deleted text end

deleted text begin (2) an accredited course in physical therapy education which has provided adequate
instruction in the basic sciences, clinical sciences, and physical therapy theory and
procedures, as determined by the board. In determining whether or not a course in physical
therapy is approved, the board may take into consideration the accreditation of such
schools by the appropriate council of the American Medical Association, the American
Physical Therapy Association, or the Canadian Medical Association.
deleted text end

new text begin Subd. 2. new text end

new text begin Contents of application. new text end

new text begin (a) The application must include the following
information:
new text end

new text begin (1) evidence satisfactory to the board that the applicant has met the educational
requirements of section 148.721 or 148.722 as demonstrated by a certified copy of a
transcript;
new text end

new text begin (2) recommendations by two physical therapists registered or licensed to practice
physical therapy in the United States or Canada attesting to the applicant's ethical and
moral character;
new text end

new text begin (3) a recent full-face photograph of the applicant attached to the application with the
affidavit on the form completed and notarized;
new text end

new text begin (4) a record of the applicant's high school, college, and board-approved physical
therapy school education listing the names, locations, dates of attendance, and diplomas,
degrees, or certificates awarded;
new text end

new text begin (5) a record of the applicant's postgraduate work and military service;
new text end

new text begin (6) a listing of the United States jurisdictions, and countries in which the applicant is
currently licensed or registered, or has been in the past, including the applicant's license or
registration certificate number, the date the license or registration was obtained, and the
method by which the license or registration was received;
new text end

new text begin (7) a record of the applicant's current and previous physical therapy practice
experience;
new text end

new text begin (8) a record of disciplinary action taken on past complaints, refusal of licensure or
registration, or denial of examination eligibility by another state board or physical therapy
society against the applicant;
new text end

new text begin (9) a record of the applicant's personal use or administration of any controlled
substances and any treatment for alcohol or drug abuse;
new text end

new text begin (10) a record by the applicant of any disease, illness, or injury that impairs the
applicant's ability to practice physical therapy;
new text end

new text begin (11) a record of any convictions for crimes related to the practice of physical therapy,
felonies, gross misdemeanors, and crimes involving moral turpitude;
new text end

new text begin (12) a listing of any memberships in a physical therapy professional association;
new text end

new text begin (13) the applicant's name and address;
new text end

new text begin (14) the applicant's Social Security number, alien registration card number, or tax
identification number, whichever is applicable;
new text end

new text begin (15) completed copies of credentials verification forms provided by the board; and
new text end

new text begin (16) any information deemed necessary by the board to evaluate the applicant.
new text end

new text begin (b) A person who has previously practiced in another state shall submit the following
information for the five-year period of active practice preceding the date of filing
application in this state:
new text end

new text begin (1) the name and address of the person's professional liability insurer in the other
state; and
new text end

new text begin (2) the number, date, and disposition of any malpractice settlement or award made
to a plaintiff relating to the quality of services provided.
new text end

Sec. 7.

Minnesota Statutes 2006, section 148.706, is amended to read:


148.706 deleted text beginSUPERVISION OFdeleted text endnew text begin PHYSICAL THERAPISTnew text end ASSISTANTS, AIDES,
AND STUDENTS.

new text begin Subdivision 1. new text end

new text begin Supervision. new text end

Every physical therapist who uses the services of a
physical therapist assistant or physical therapy aide for the purpose of assisting in the
practice of physical therapy is responsible for functions performed by the assistant or
aide while engaged in such assistance. The physical therapist shall delegate duties to the
physical therapist assistant and assign tasks to the physical therapy aide in accordance
with deleted text beginMinnesota Rules, part 5601.1400deleted text endnew text begin subdivision 2new text end. Physical therapists who instruct
student physical therapists and student physical therapist assistants are responsible for the
functions performed by the students and shall supervise the students as provided under
section 148.65, subdivisions 5 and 6.new text begin A licensed physical therapist may supervise no more
than two physical therapist assistants at any time.
new text end

new text begin Subd. 2. new text end

new text begin Delegation of duties. new text end

new text begin The physical therapist may delegate patient
treatment procedures only to a physical therapist assistant who has sufficient didactic and
clinical preparation. The physical therapist may not delegate the following activities to the
physical therapist assistant or to other supportive personnel: patient evaluation, treatment
planning, initial treatment, change of treatment, and initial or final documentation.
new text end

new text begin Subd. 3. new text end

new text begin Observation of physical therapist assistants. new text end

new text begin When components of a
patient's treatment are delegated to a physical therapist assistant, a physical therapist must
provide on-site observation of the treatment and documentation of its appropriateness at
least every six treatment sessions. The physical therapist is not required to be on-site, but
must be easily available by telecommunications.
new text end

new text begin Subd. 4. new text end

new text begin Observation of physical therapy aides. new text end

new text begin The physical therapist must
observe the patient's status before and after the treatment administered by a physical
therapy aide. The physical therapy aide may perform tasks related to preparation of patient
and equipment for treatment, housekeeping, transportation, clerical duties, departmental
maintenance, and selected treatment procedures. The tasks must be performed under the
direct supervision of a physical therapist who is readily available for advice, instruction,
or immediate assistance.
new text end

Sec. 8.

Minnesota Statutes 2006, section 148.71, is amended to read:


148.71 deleted text beginLICENSINGdeleted text endnew text begin TEMPORARY PERMITSnew text end.

deleted text begin Subdivision 1. deleted text end

deleted text begin Qualified applicant. deleted text end

deleted text begin The state Board of Physical Therapy shall
license as a physical therapist and shall furnish a license to an applicant who successfully
passes an examination provided for in sections deleted text begin148.65deleted text end to deleted text begin148.78deleted text end for licensing as a physical
therapist and who is otherwise qualified as required in sections deleted text begin148.65deleted text end to deleted text begin148.78deleted text end.
deleted text end

Subd. 2.

deleted text beginTemporary permitdeleted text endnew text begin Issuancenew text end.

(a) The board may, upon new text begincompletion of
the application prescribed by the board and
new text endpayment of a fee set by the board, issue a
temporary permit to practice physical therapy under supervision to deleted text begina physical therapist
who is a graduate of an approved school of physical therapy
deleted text end new text beginan applicant for licensure as a
physical therapist or physical therapist assistant who meets the educational requirements
of section 148.701 or 148.702
new text endand qualified for admission to examination for licensing as
a physical therapistnew text begin or physical therapist assistantnew text end. A temporary permit deleted text beginto practice physical
therapy under supervision
deleted text end may be issued only once and cannot be renewed. It expires 90
days after the next examination for licensing given by the board or on the date on which
the board, after examination of the applicant, grants or denies the applicant a license to
practice, whichever occurs first. A temporary permit expires on the first day the board
begins its next examination for license after the permit is issued if the holder does not
submit to examination on that date. The holder of a temporary permit to practice deleted text beginphysical
therapy
deleted text end under supervision may practice physical therapy as defined in section 148.65 if
the entire practice is under the supervision of a person holding a valid license to practice
physical therapy in this state. The supervision shall be direct, immediate, and on premises.

(b) deleted text beginA physical therapistdeleted text end new text beginAn applicant new text endfrom another state who is licensed or otherwise
registered in good standing as a physical therapist by that state and meets the requirements
for licensing under section 148.72 does not require supervision to practice physical therapy
while holding a temporary permit in this state. The temporary permit remains valid only
until the meeting of the board at which the application for licensing is considered.

Subd. 3.

deleted text beginForeign-traineddeleted text end new text beginForeign-educated new text endphysical therapists; temporary
permits.

(a) The Board of Physical Therapy may issue a temporary permit to a
deleted text begin foreign-traineddeleted text end new text beginforeign-educated new text endphysical therapist who:

(1) is enrolled in a supervised physical therapy traineeship that meets the
requirements under paragraph (b);

(2) has completed a physical therapy education program equivalent to that under
section deleted text begin148.705 and Minnesota Rules, part 5601.0800, subpart 2deleted text endnew text begin 148.701, and has
provided to the board a Foreign Credentialing Commission on Physical Therapy
(FCCPT) comprehensive credentials evaluation (Type I certificate) or FCCPT educational
credentials review demonstrating completion of the program
new text end;

(3) has achieved a new text beginpassing new text endscore deleted text beginof at least 550deleted text end new text beginpursuant to section 148.735,
subdivision 3,
new text endon the test of English as a foreign language or deleted text begina score of at least 85 on
the Minnesota battery test
deleted text endnew text begin an alternate equivalent examination, as determined by the
board
new text end; and

(4) has paid a nonrefundable fee set by the board.

A deleted text beginforeign-traineddeleted text end new text beginforeign-educated new text endphysical therapist must have the temporary
permit before beginning a traineeship.

(b) A supervised physical therapy traineeship must:

(1) be at least six months;

(2) be at a board-approved facility;

(3) provide a broad base of clinical experience to the deleted text beginforeign-traineddeleted text end new text beginforeign-educated
new text endphysical therapist including a variety of physical agents, therapeutic exercises, evaluation
procedures, and patient diagnoses;

(4) be supervised by a physical therapist who has at least three years of clinical
experience and is licensed under subdivision 1; and

(5) be approved by the board before the deleted text beginforeign-traineddeleted text end new text beginforeign-educated new text endphysical
therapist begins the traineeship.

(c) A temporary permit is effective on the first day of a traineeship and expires 90
days after the next examination for licensing given by the board following successful
completion of the traineeship or on the date on which the board, after examination of the
applicant, grants or denies the applicant a license to practice, whichever occurs first.

(d) A deleted text beginforeign-traineddeleted text end new text beginforeign-educated new text endphysical therapist must successfully complete
a traineeship to be licensed as a physical therapist under subdivision 1. The traineeship
may be waived for a deleted text beginforeign-traineddeleted text end new text beginforeign-educated new text endphysical therapist who is licensed
or otherwise registered in good standing in another state and has successfully practiced
physical therapy in that state under the supervision of a licensed or registered physical
therapist for at least six months at a facility that meets the requirements under paragraph
(b), clauses (2) and (3).

(e) A temporary permit will not be issued to a deleted text beginforeign-traineddeleted text end new text beginforeign-educated
new text endapplicant who has been issued a temporary permit for longer than six months in any
other state.

Sec. 9.

new text begin [148.721] EDUCATIONAL REQUIREMENTS FOR LICENSED
PHYSICAL THERAPIST.
new text end

new text begin Subdivision 1. new text end

new text begin Accredited program. new text end

new text begin All applicants for licensure as a physical
therapist must complete a course in physical therapy education accredited by the
Commission on Accreditation in Physical Therapy Education (CAPTE) or which meets
the accreditation requirements of CAPTE, as determined by the board.
new text end

new text begin Subd. 2. new text end

new text begin General education. new text end

new text begin In addition to completion of the accredited program
required in subdivision 1, applicants must complete an additional 60 academic semester
credits or its quarter equivalent from an institution of higher education that is accredited
by a regional accrediting organization. Coursework used to satisfy this requirement may
not have been earned as part of the accredited program requirement of subdivision 1.
new text end

Sec. 10.

new text begin [148.722] EDUCATIONAL REQUIREMENTS FOR LICENSED
PHYSICAL THERAPIST ASSISTANT.
new text end

new text begin All applicants for licensure as a physical therapist assistant must graduate from
a physical therapist assistant educational program accredited by the Commission
on Accreditation in Physical Therapy Education (CAPTE) or meet its standards, as
determined by the board.
new text end

Sec. 11.

new text begin [148.723] EXAMINATION FOR LICENSED PHYSICAL THERAPIST.
new text end

new text begin Subdivision 1. new text end

new text begin National test. new text end

new text begin All applicants for licensure as a physical therapist
must take and pass the National Physical Therapy Examination (NPTE) administered by
the Federation of State Boards of Physical Therapy (FSBPT) or an alternate national
examination determined by the board to be equivalent. For purposes of this section,
passing scores are defined in subdivisions 2 and 3.
new text end

new text begin Subd. 2. new text end

new text begin Examinations taken on or before July 1, 1995. new text end

new text begin The passing score for
qualifying examinations taken prior to July 1, 1995, is one standard deviation below the
mean of all persons taking the examination.
new text end

new text begin Subd. 3. new text end

new text begin Examinations taken after July 1, 1995. new text end

new text begin The passing score for qualifying
examinations taken after July 1, 1995, shall be based on objective, numerical standards
established by the administering testing agency.
new text end

Sec. 12.

new text begin [148.724] EXAMINATION FOR LICENSED PHYSICAL THERAPIST
ASSISTANT.
new text end

new text begin Subdivision 1. new text end

new text begin National test. new text end

new text begin All applicants for licensure as a physical therapist
assistant must take and pass the National Physical Therapy Examination (NPTE) for
physical therapist assistants administered by the Federation of State Boards of Physical
Therapy (FSBPT) or an alternate national examination determined by the board to be
equivalent. For purposes of this section, passing scores are defined in subdivisions 1 to 3.
new text end

new text begin Subd. 2. new text end

new text begin Examinations taken on or before July 1, 1995. new text end

new text begin The passing score for
qualifying examinations taken prior to July 1, 1995, is one standard deviation below the
mean of all persons taking the examination.
new text end

new text begin Subd. 3. new text end

new text begin Examinations taken after July 1, 1995. new text end

new text begin The passing score for qualifying
examinations taken after July 1, 1995, shall be based on objective, numerical standards
established by the administering testing agency.
new text end

new text begin Subd. 4. new text end

new text begin Grandparenting provision. new text end

new text begin Applicants for licensure as a physical
therapist assistant who meet the educational requirements of section 148.722 prior to
September 1, 2007, are not required to take and pass the examination required by this
section. This provision expires on July 1, 2008.
new text end

Sec. 13.

new text begin [148.725] REQUIREMENTS FOR FOREIGN-EDUCATED
APPLICANTS.
new text end

new text begin Subdivision 1. new text end

new text begin Scope and documentation. new text end

new text begin An applicant for licensure who is a
foreign-educated physical therapist must fulfill the requirements in subdivisions 2 to 5,
providing certified English translations of board-required relevant documentation.
new text end

new text begin Subd. 2. new text end

new text begin Education evaluation. new text end

new text begin The applicant must present evidence of completion
of physical therapy schooling equivalent to that required in section 148.721 by having a
Type I comprehensive credentials evaluation or educational credentials review performed
by the Foreign Credentialing Commission on Physical Therapy (FCCPT). The evaluation
must be sent directly to the board from the FCCPT. The applicant shall be responsible for
the expenses incurred as a result of the evaluation.
new text end

new text begin Subd. 3. new text end

new text begin English test. new text end

new text begin If not completed as part of the FCCPT Type I comprehensive
credentials evaluation, the applicant must demonstrate English language proficiency by
taking the test of English as a foreign language examination (TOEFL) and achieving a
passing score as established by the board, or a passing score on a comparable nationally
recognized examination approved by the board. For purposes of this subdivision, the
passing score adopted by the board shall be applied prospectively.
new text end

new text begin Subd. 4. new text end

new text begin Experience. new text end

new text begin The applicant must have practiced satisfactorily for at least
six months under the supervision of a licensed physical therapist at a board-approved
facility. A facility that offers such practice must provide a broad base of experience
including a variety of physical agents, therapeutic exercises, evaluation procedures, and
patient diagnoses. Supervision must be provided by a licensed physical therapist with at
least three years of clinical experience. A proposed outline of clinical experiences must be
approved by the board before the facility begins offering the experience.
new text end

new text begin Subd. 5. new text end

new text begin Examination. new text end

new text begin The applicant must satisfactorily complete the
board-approved examination as stated in section 148.72 or 148.73.
new text end

Sec. 14.

Minnesota Statutes 2006, section 148.73, is amended to read:


148.73 RENEWALS.

Every licensed physical therapist new text beginand physical therapist assistant new text endshall, deleted text beginduring each
January
deleted text endnew text begin before January 1 each yearnew text end, apply to the board for an extension of a license and
pay a fee in the amount set by the board. The extension of the license is contingent
upon demonstration that the continuing education requirements set by the board under
section 148.70 have been satisfied. new text beginFor purposes of this section, the continuing education
requirements for physical therapist assistants are the same as those for physical therapists.
new text end

Sec. 15.

Minnesota Statutes 2006, section 148.735, is amended to read:


148.735 CANCELLATION OF LICENSE IN GOOD STANDING.

Subdivision 1.

Board approval; reporting.

A physical therapist new text beginor physical
therapist assistant
new text endholding an active license to practice physical therapy in the state may,
upon approval of the board, be granted license cancellation if the board is not investigating
the person as a result of a complaint or information received or if the board has not begun
disciplinary proceedings against the person. Such action by the board shall be reported as
a cancellation of a license in good standing.

Subd. 2.

Fees nonrefundable.

A physical therapist new text beginor physical therapist assistant
new text endwho receives board approval for license cancellation is not entitled to a refund of any
license fees paid for the licensure year in which cancellation of the license occurred.

Subd. 3.

New license after cancellation.

If a physical therapist new text beginor physical therapist
assistant
new text endwho has been granted board approval for license cancellation desires to resume
the practice of physical therapy in Minnesota, that physical therapist new text beginor physical therapist
assistant
new text endmust obtain a new license by applying for licensure and fulfilling the requirements
then in existence for obtaining an initial license to practice physical therapy in Minnesota.

Sec. 16.

Minnesota Statutes 2006, section 148.736, subdivision 1, is amended to read:


Subdivision 1.

Board approval; reporting.

A physical therapistnew text begin or physical
therapist assistant
new text end, whose right to practice is under suspension, condition, limitation,
qualification, or restriction by the board may be granted cancellation of credentials by
approval of the board. Such action by the board shall be reported as cancellation while
under discipline. Credentials, for purposes of this section, means board authorized
documentation of the privilege to practice physical therapy.

Sec. 17.

Minnesota Statutes 2006, section 148.74, is amended to read:


148.74 RULES.

The board may adopt rules needed to carry out sections 148.65 to 148.78. deleted text beginThe
secretary-treasurer of the board shall keep a record of proceedings under these sections
and a register of all persons licensed under it. The register shall show the name, address,
date and number of the license, and the renewal of the license. Any other interested
person in the state may obtain a copy of the list on request to the board upon paying an
amount fixed by the board. The amount shall not exceed the cost of the list furnished. The
board shall provide blanks, books, certificates, and stationery and assistance necessary to
transact business of the board. All money received by the board under sections 148.65 to
148.78 shall be paid into the state treasury as provided for by law. The board shall set by
rule the amounts of the application fee and the annual licensing fee. The fees collected by
the board must be sufficient to cover the costs of administering sections 148.65 to 148.78.
deleted text end

Sec. 18.

Minnesota Statutes 2006, section 148.75, is amended to read:


148.75 deleted text beginLICENSES; DENIAL, SUSPENSION, REVOCATIONdeleted text endnew text begin DISCIPLINARY
ACTION
new text end.

(a) The deleted text beginstatedeleted text end board deleted text beginof Physical Therapy may refuse to grant a license to any physical
therapist, or may suspend or revoke the license of any physical therapist for any of the
following grounds
deleted text endnew text begin may impose disciplinary action specified in paragraph (b) against an
applicant or licensee whom the board, by a preponderance of the evidence, determines
new text end:

deleted text begin (1) using drugs or intoxicating liquors to an extent which affects professional
competence;
deleted text end

deleted text begin (2) conviction of a felony;
deleted text end

new text begin (1) has violated a statute, rule, order, or agreement for corrective action that the
board issued or is otherwise authorized or empowered to enforce;
new text end

new text begin (2) is unable to practice physical therapy with reasonable skill and safety by reason
of any mental or physical illness or condition, including deterioration through the aging
process or loss of motor skills, or use of alcohol, drugs, narcotics, chemicals, or any
other type of material;
new text end

new text begin (3) has been convicted of or has pled guilty or nolo contendere to a felony or other
crime, an element of which is dishonesty or fraud, or has been shown to have engaged
in acts or practices tending to show that the applicant or licensee is incompetent or has
engaged in conduct reflecting adversely on the applicant's or licensee's ability or fitness to
engage in the practice of physical therapy;
new text end

deleted text begin (3) convictiondeleted text end new text begin(4) has been convicted new text endfor violating any state or federal narcotic law;

deleted text begin (4) obtainingdeleted text end new text begin(5) has obtained or attempted to obtain new text enda license deleted text beginor attempting to
obtain a license
deleted text endnew text begin, approval of continuing education activities, or passed an examination,new text end by
fraud or deception;

deleted text begin (5) conduct unbecoming a person licensed as a physical therapist or conduct
detrimental to the best interests of the public;
deleted text end

new text begin (6) has engaged in unprofessional conduct or any other conduct which has the
potential for causing harm to the public, including any departure from or failure to
conform to the minimum standards of acceptable and prevailing practice without actual
injury having to be established;
new text end

deleted text begin (6)deleted text end new text begin(7) has engaged in new text endgross negligence in the practice of physical therapy as a
physical therapist;

deleted text begin (7) treatingdeleted text end new text begin(8) has treated new text endhuman ailments by physical therapy after an initial 30-day
period of patient admittance to treatment has lapsed, except by the order or referral of a
person licensed in this state in the practice of medicine as defined in section 147.081, the
practice of chiropractic as defined in section 148.01, the practice of podiatry as defined
in section 153.01, or the practice of dentistry as defined in section 150A.05 and whose
license is in good standing; or when a previous diagnosis exists indicating an ongoing
condition warranting physical therapy treatment, subject to periodic review defined by
board of physical therapy rule;

deleted text begin (8) treatingdeleted text end new text begin(9) has treated new text endhuman ailments, without referral, by physical therapy
treatment without first having practiced one year under a physician's orders as verified by
the board's records;

deleted text begin (9) failingdeleted text end new text begin(10) has failed new text endto consult with the patient's health care provider who
prescribed the physical therapy treatment if the treatment is altered by the physical
therapist from the original written order. The provision does not include written orders to
"evaluate and treat";

deleted text begin (10) treating human ailments other than by physical therapy unless duly licensed or
registered to do so under the laws of this state;
deleted text end

(11) deleted text begininappropriate delegationdeleted text end new text beginhas inappropriately delegated new text endto a physical therapist
assistant or deleted text begininappropriate task assignmentdeleted text end new text begininappropriately assigned tasks new text endto an aidenew text begin,new text end or
deleted text begin inadequate supervision ofdeleted text end new text begininadequately supervised new text enda student physical therapist, physical
therapist assistant, student physical therapist assistant, or a physical therapy aide;

(12) deleted text beginpracticingdeleted text end new text beginhas practicednew text end as a physical therapist performing medical diagnosis,
the practice of medicine as defined in section 147.081, or the practice of chiropractic as
defined in section 148.01;

(13) deleted text beginfailingdeleted text end new text beginhas failed new text endto comply with a reasonable request to obtain appropriate
clearance for mental or physical conditions that would interfere with the ability to practice
physical therapy, and that may be potentially harmful to patients;

(14) deleted text begindividingdeleted text end new text beginhas dividednew text end fees with, or paying or promising to pay a commission or
part of the fee to, any person who contacts the physical therapist for consultation or sends
patients to the physical therapist for treatment;

(15) deleted text beginengagingdeleted text end new text beginhas engaged new text endin an incentive payment arrangement, other than that
prohibited by clause (14), that tends to promote physical therapy overuse, that allows the
referring person or person who controls the availability of physical therapy services to a
client to profit unreasonably as a result of patient treatment;

(16) deleted text beginpracticing physical therapy and failingdeleted text end new text beginhas failed new text endto refer to a licensed health
care professional a patient whose medical condition at the time of evaluation has been
determined by the physical therapist to be beyond the scope of practice of a physical
therapist;

(17) deleted text beginfailingdeleted text end new text beginhas failed new text endto report to the board other deleted text beginlicensed physical therapistsdeleted text end
new text begin licensees new text endwho violate this section; and

(18) deleted text beginpracticingdeleted text end new text beginhas engaged in the practice of new text endphysical therapy under lapsed or
nonrenewed credentialsdeleted text begin.deleted text endnew text begin;
new text end

new text begin (19) has had a license, certificate, charter, registration, privilege to take an
examination, or other similar authority denied, revoked, suspended, canceled, limited,
reprimanded, or otherwise disciplined, or not renewed for cause in any jurisdiction; or has
surrendered or voluntarily terminated a license or certificate during a board investigation
of a complaint, as part of a disciplinary order, or while under a disciplinary order;
new text end

new text begin (20) has been subject to a corrective action or similar action in another jurisdiction
or by another regulatory authority; or
new text end

new text begin (21) has failed to cooperate with an investigation of the board, including responding
fully and promptly to any question raised by or on behalf of the board relating to the
subject of the investigation, executing all releases requested by the board, providing copies
of patient records, as reasonably requested by the board to assist it in its investigation, and
appearing at conferences or hearings scheduled by the board or its staff.
new text end

new text begin (b) If grounds for disciplinary action exist under paragraph (a), the board may take
one or more of the following actions:
new text end

new text begin (1) deny the application for licensure;
new text end

new text begin (2) deny the renewal of the license;
new text end

new text begin (3) revoke the license;
new text end

new text begin (4) suspend the license;
new text end

new text begin (5) impose limitations or conditions on the licensee's practice of physical therapy,
including the: (i) limitation of scope of practice to designated field specialties; (ii)
imposition of retraining or rehabilitation requirements; (iii) requirement of practice under
supervision; or (iv) conditioning of continued practice on demonstration of knowledge or
skills by appropriate examination, monitoring, or other review of skill and competence;
new text end

new text begin (6) impose a civil penalty not to exceed $10,000 for each separate violation,
the amount of the civil penalty to be fixed so as to deprive the physical therapist of
any economic advantage gained by reason of the violation charged, to discourage
similar violations, or to reimburse the board for the cost of the investigation and
proceeding including, but not limited to, fees paid for services provided by the Office of
Administrative Hearings, legal and investigative services provided by the Office of the
Attorney General, court reporters, witnesses, reproduction of records, board members'
per diem compensation, board staff time, and travel costs and expenses incurred by board
staff and board members;
new text end

new text begin (7) order the licensee to provide unremunerated service;
new text end

new text begin (8) censure or reprimand the licensee; or
new text end

new text begin (9) any other action as allowed by law and justified by the facts of the case.
new text end

deleted text begin (b)deleted text end new text begin(c) new text endA license to practice as a physical therapist new text beginor physical therapist assistant new text endis
new text begin automatically new text endsuspended if (1) a guardian of the deleted text beginphysical therapistdeleted text end new text beginlicensee new text endis appointed
by order of a court pursuant to sections 524.5-101 to 524.5-502, for reasons other than
the minority of the deleted text beginphysical therapistdeleted text endnew text begin licenseenew text end; or (2) the deleted text beginphysical therapistdeleted text end new text beginlicensee new text endis
committed by order of a court pursuant to chapter 253B. The license remains suspended
until the deleted text beginphysical therapistdeleted text end new text beginlicensee new text endis restored to capacity by a court and, upon petition
by the deleted text beginphysical therapistdeleted text endnew text begin licenseenew text end, the suspension is terminated by the Board of Physical
Therapy after a hearing.

Sec. 19.

Minnesota Statutes 2006, section 148.754, is amended to read:


148.754 EXAMINATION; ACCESS TO MEDICAL DATA.

(a) If the board has probable cause to believe that a deleted text beginphysical therapistdeleted text end new text beginlicensee
new text endcomes under section 148.75, paragraph (a), new text beginclause (2), new text endit may direct the deleted text beginphysical therapistdeleted text end
new text begin licensee new text endto submit to a mental or physical examination. For the purpose of this paragraph,
every deleted text beginphysical therapistdeleted text end new text beginlicensee new text endis deemed to have consented to submit to a mental or
physical examination when directed in writing by the board and further to have waived
all objections to the admissibility of the examining physicians' testimony or examination
reports on the ground that they constitute a privileged communication. Failure of the
deleted text begin physical therapistdeleted text end new text beginlicensee new text endto submit to an examination when directed constitutes an
admission of the allegations against the person, unless the failure was due to circumstances
beyond the person's control, in which case a default and final order may be entered without
the taking of testimony or presentation of evidence. A deleted text beginphysical therapistdeleted text end new text beginlicensee new text endaffected
under this paragraph shall, at reasonable intervals, be given an opportunity to demonstrate
that the person can resume the competent practice of physical therapy with reasonable
skill and safety to the public.

(b) In any proceeding under paragraph (a), neither the record of proceedings nor
the orders entered by the board shall be used against a deleted text beginphysical therapistdeleted text end new text beginlicensee new text endin any
other proceeding.

(c) In addition to ordering a physical or mental examination, the board may,
notwithstanding section 13.384, 144.651, or any other law limiting access to medical
or other health data, obtain medical data and health records relating to a deleted text beginphysical
therapist
deleted text end new text beginlicensee new text endor applicant without the person's or applicant's consent if the board has
probable cause to believe that deleted text begina physical therapistdeleted text end new text beginthe person new text endcomes under paragraph
(a). The medical data may be requested from a provider, as defined in section 144.335,
subdivision 1
, paragraph (b), an insurance company, or a government agency, including
the Department of Human Services. A provider, insurance company, or government
agency shall comply with any written request of the board under this paragraph and is
not liable in any action for damages for releasing the data requested by the board if the
data are released pursuant to a written request under this paragraph, unless the information
is false and the provider giving the information knew, or had reason to believe, the
information was false. Information obtained under this paragraph is classified as private
under sections 13.01 to 13.87.

Sec. 20.

Minnesota Statutes 2006, section 148.755, is amended to read:


148.755 TEMPORARY SUSPENSION OF LICENSE.

In addition to any other remedy provided by law, the board may, without a hearing,
temporarily suspend the license of a deleted text beginphysical therapistdeleted text end new text beginlicensee new text endif the board finds that the
deleted text begin physical therapistdeleted text end new text beginlicensee new text endhas violated a statute or rule which the board is empowered to
enforce and continued practice by the deleted text beginphysical therapistdeleted text end new text beginlicensee new text endwould create a serious
risk of harm to the public. The suspension shall take effect upon written notice to the
deleted text begin physical therapistdeleted text endnew text begin licenseenew text end, specifying the statute or rule violated. The suspension shall
remain in effect until the board issues a final order in the matter after a hearing. At the
time it issues the suspension notice, the board shall schedule a disciplinary hearing to be
held pursuant to the Administrative Procedure Act, chapter 14. The deleted text beginphysical therapistdeleted text end
new text begin licensee new text endshall be provided with at least 20 days' notice of any hearing held pursuant to this
section. The hearing shall be scheduled to begin no later than 30 days after the issuance
of the suspension order.

Sec. 21.

Minnesota Statutes 2006, section 148.76, subdivision 1, is amended to read:


Subdivision 1.

Licensure required.

No person shall:

(1) provide physical therapy unless the person is licensed as a physical therapist new text beginor
physical therapist assistant
new text endunder sections 148.65 to 148.78;

(2) use the title of physical therapist without a license as a physical therapistnew text begin, or use
the title physical therapist assistant without a license as a physical therapist assistant
new text end
issued under sections 148.65 to 148.78;

(3) in any manner hold out as a physical therapist, or use in connection with the
person's name the words or letters Physical Therapist, Physiotherapist, Physical Therapy
Technician, Registered Physical Therapist, Licensed Physical Therapist, PT, PTT, RPT,
LPT, or any letters, words, abbreviations or insignia indicating or implying that the person
is a physical therapist, without a license as a physical therapist issued under sections
148.65 to 148.78. To do so is a gross misdemeanor;

new text begin (4) in any manner hold out as a physical therapist assistant, or use in connection with
the person's name the words or letters Physical Therapist Assistant, P.T.A., or any letters,
words, abbreviations, or insignia indicating or implying that the person is a physical
therapist assistant, without a license as a physical therapist assistant under sections 148.65
to 148.78. To do so is a gross misdemeanor; or
new text end

deleted text begin (4)deleted text end new text begin(5) new text endemploy fraud or deception in applying for or securing a license as a physical
therapistnew text begin or physical therapist assistantnew text end.

Nothing in sections 148.65 to 148.78 prohibits a person licensed or registered in this
state under another law from carrying out the therapy or practice for which the person is
duly licensed or registered.

Sec. 22.

Minnesota Statutes 2006, section 148.78, is amended to read:


148.78 PROSECUTION, ALLEGATIONS.

In the prosecution of any person for violation of sections 148.65 to 148.78 as
specified in section 148.76, it shall not be necessary to allege or prove want of a valid
license as a physical therapistnew text begin or physical therapist assistantnew text end, but shall be a matter of
defense to be established by the accused.

Sec. 23.

new text begin [148.785] FEES.
new text end

new text begin The fees charged by the board are fixed at the following rates:
new text end

new text begin (1) application fee for physical therapists and physical therapist assistants, $100;
new text end

new text begin (2) annual licensure for physical therapists and physical therapist assistants, $60;
new text end

new text begin (3) licensure renewal late fee, $20;
new text end

new text begin (4) temporary permit, $25;
new text end

new text begin (5) duplicate license or registration, $20;
new text end

new text begin (6) certification letter, $25;
new text end

new text begin (7) education or training program approval, $100;
new text end

new text begin (8) report creation and generation, $60 per hour billed in quarter-hour increments
with a quarter-hour minimum; and
new text end

new text begin (9) examination administration:
new text end

new text begin (i) half day, $50; and
new text end

new text begin (ii) full day, $80.
new text end

Sec. 24. new text beginAPPLICABILITY OF RULES.
new text end

new text begin Minnesota Rules, parts 5601.0100 to 5601.3200, apply both to physical therapists
and physical therapist assistants, except parts 5601.1200; 5601.1300; 5601.1800;
5601.1900; 5601.2000; 5601.3200, subpart 2, item D; and 5601.3200, subpart 5, only
apply to physical therapists.
new text end

Sec. 25. new text begin REPEALER.
new text end

new text begin (a) new text end new text begin Minnesota Statutes 2006, sections 148.691, subdivision 3; 148.71, subdivision 1;
148.72; 148.745; and 148.775,
new text end new text begin are repealed.
new text end

new text begin (b) new text end new text begin Minnesota Rules, parts 5601.0200; 5601.0300; 5601.0400; 5601.0500;
5601.0600; 5601.0700; 5601.0800; 5601.1400; 5601.1500; 5601.1600; 5601.2800;
5601.2900; 5601.3000; 5601.3105; 5601.3110; 5601.3115; 5601.3120; 5601.3125;
5601.3130; 5601.3135; 5601.3140; 5601.3145; 5601.3150; 5601.3155; 5601.3160; and
5601.3165,
new text end new text begin are repealed.
new text end