Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Session Laws - 2000, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 361-S.F.No. 1038
An act relating to health occupations; establishing
licensing requirements for occupational therapists and
occupational therapy assistants; proposing coding for
new law in Minnesota Statutes, chapter 148; repealing
Minnesota Rules, parts 4666.0010; 4666.0020;
4666.0030; 4666.0040; 4666.0050; 4666.0060; 4666.0070;
4666.0080; 4666.0090; 4666.0100; 4666.0200; 4666.0300;
4666.0400; 4666.0500; 4666.0600; 4666.0700; 4666.0800;
4666.0900; 4666.1000; 4666.1100; 4666.1200; 4666.1300;
and 4666.1400.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. [148.6401] [SCOPE.]
Sections 148.6401 to 148.6450 apply to persons who are
applicants for licensure, who are licensed, who use protected
titles, or who represent that they are licensed as occupational
therapists or occupational therapy assistants.
Sec. 2. [148.6402] [DEFINITIONS.]
Subdivision 1. [SCOPE.] For the purpose of sections
148.6401 to 148.6450, the following terms have the meaning given
them.
Subd. 2. [ADVISORY COUNCIL.] "Advisory council" means the
occupational therapy practitioners advisory council in section
148.6450.
Subd. 3. [BIENNIAL LICENSURE PERIOD.] "Biennial licensure
period" means the two-year period for which licensure is
effective.
Subd. 4. [COMMISSIONER.] "Commissioner" means the
commissioner of health or a designee.
Subd. 5. [CONTACT HOUR.] "Contact hour" means an
instructional session of 60 consecutive minutes, excluding
coffee breaks, registration, meals without a speaker, and social
activities.
Subd. 6. [CREDENTIAL.] "Credential" means a license,
permit, certification, registration, or other evidence of
qualification or authorization to engage in the practice of
occupational therapy issued by any authority.
Subd. 7. [CREDENTIALING EXAMINATION FOR OCCUPATIONAL
THERAPIST.] "Credentialing examination for occupational
therapist" means the examination sponsored by the National Board
for Certification in Occupational Therapy for credentialing as
an occupational therapist, registered.
Subd. 8. [CREDENTIALING EXAMINATION FOR OCCUPATIONAL
THERAPY ASSISTANT.] "Credentialing examination for occupational
therapy assistant" means the examination sponsored by the
National Board for Certification in Occupational Therapy for
credentialing as a certified occupational therapy assistant.
Subd. 9. [DELEGATE.] "Delegate" means to transfer to an
occupational therapy assistant the authority to perform selected
portions of an occupational therapy evaluation or treatment plan
for a specific patient.
Subd. 10. [DIRECT SUPERVISION.] "Direct supervision" of an
occupational therapy assistant using physical agent modalities
means that the occupational therapist has evaluated the patient
and determined a need for use of a particular physical agent
modality in the occupational therapy treatment plan, has
determined the appropriate physical agent modality application
procedure, and is available for in-person intervention while
treatment is provided.
Subd. 11. [ELECTRICAL STIMULATION DEVICE.] "Electrical
stimulation device" means any device which generates pulsed,
direct, or alternating electrical current for the purposes of
rehabilitation of neuromusculoskeletal dysfunction.
Subd. 12. [ELECTROTHERAPY.] "Electrotherapy" means the use
of electrical stimulation devices for a therapeutic purpose.
Subd. 13. [LICENSED HEALTH CARE PROFESSIONAL.] "Licensed
health care professional" means a person licensed in good
standing in Minnesota to practice medicine, osteopathy,
chiropractic, podiatry, or dentistry.
Subd. 14. [OCCUPATIONAL THERAPIST.] Except as provided in
section 148.6408, subdivision 3, paragraph (b), "occupational
therapist" means an individual who meets the qualifications in
sections 148.6401 to 148.6450 and is licensed by the
commissioner. For purposes of section 148.6408, subdivision 3,
paragraph (b), occupational therapist means the employment title
of a natural person before June 17, 1996.
Subd. 15. [OCCUPATIONAL THERAPY.] "Occupational therapy"
means the use of purposeful activity to maximize the
independence and the maintenance of health of an individual who
is limited by a physical injury or illness, a cognitive
impairment, a psychosocial dysfunction, a mental illness, a
developmental or learning disability, or an adverse
environmental condition. The practice encompasses evaluation,
assessment, treatment, and consultation. Occupational therapy
services may be provided individually, in groups, or through
social systems. Occupational therapy includes those services
described in section 148.6404.
Subd. 16. [OCCUPATIONAL THERAPY ASSISTANT.] Except as
provided in section 148.6410, subdivision 3, "occupational
therapy assistant" means an individual who meets the
qualifications for an occupational therapy assistant in sections
148.6401 to 148.6450 and is licensed by the commissioner. For
purposes of section 148.6410, subdivision 3, occupational
therapy assistant means the employment title of a natural person
before June 17, 1996.
Subd. 17. [PHYSICAL AGENT MODALITIES.] "Physical agent
modalities" mean modalities that use the properties of light,
water, temperature, sound, or electricity to produce a response
in soft tissue. The physical agent modalities referred to in
sections 148.6404 and 148.6440 are superficial physical agent
modalities, electrical stimulation devices, and ultrasound.
Subd. 18. [PROVISIONAL LICENSURE.] "Provisional licensure"
means a method of licensure described in section 148.6408,
subdivision 3, for occupational therapists and section 148.6410,
subdivision 3, for occupational therapy assistants, in effect
for a limited time, by which an individual who has not completed
an accredited or approved education program but who meets the
employment requirements specified in those subdivisions may
qualify for licensure pending successful completion of the
credentialing examination.
Subd. 19. [LICENSE OR LICENSED.] "License" or "licensed"
means the act or status of a natural person who meets the
requirements of sections 148.6401 to 148.6450.
Subd. 20. [LICENSEE.] "Licensee" means a person who meets
the requirements of sections 148.6401 to 148.6450.
Subd. 21. [LICENSURE BY EQUIVALENCY.] "Licensure by
equivalency" means a method of licensure described in section
148.6412 by which an individual who possesses a credential from
the National Board for Certification in Occupational Therapy may
qualify for licensure.
Subd. 22. [LICENSURE BY RECIPROCITY.] "Licensure by
reciprocity" means a method of licensure described in section
148.6415 by which an individual who possesses a credential from
another jurisdiction may qualify for Minnesota licensure.
Subd. 23. [SERVICE COMPETENCY.] "Service competency" of an
occupational therapy assistant in performing evaluation tasks
means the ability of an occupational therapy assistant to obtain
the same information as the supervising occupational therapist
when evaluating a client's function.
Service competency of an occupational therapy assistant in
performing treatment procedures means the ability of an
occupational therapy assistant to perform treatment procedures
in a manner such that the outcome, documentation, and follow-up
are equivalent to that which would have been achieved had the
supervising occupational therapist performed the treatment
procedure.
Service competency of an occupational therapist means the
ability of an occupational therapist to consistently perform an
assessment task or intervention procedure with the level of
skill recognized as satisfactory within the appropriate
acceptable prevailing practice of occupational therapy.
Subd. 24. [SUPERFICIAL PHYSICAL AGENT MODALITY.]
"Superficial physical agent modality" means a therapeutic medium
which produces temperature changes in skin and underlying
subcutaneous tissues within a depth of zero to three centimeters
for the purposes of rehabilitation of neuromusculoskeletal
dysfunction. Superficial physical agent modalities may include,
but are not limited to: paraffin baths, hot packs, cold packs,
fluidotherapy, contrast baths, and whirlpool baths. Superficial
physical agent modalities do not include the use of electrical
stimulation devices, ultrasound, or quick icing.
Subd. 25. [TEMPORARY LICENSURE.] "Temporary licensure"
means a method of licensure described in section 148.6418, by
which an individual who (1) has completed an approved or
accredited education program but has not met the examination
requirement; or (2) possesses a credential from another
jurisdiction or the National Board for Certification in
Occupational Therapy but who has not submitted the documentation
required by section 148.6420, subdivisions 3 and 4, may qualify
for Minnesota licensure for a limited time period.
Subd. 26. [ULTRASOUND DEVICE.] "Ultrasound device" means a
device intended to generate and emit high frequency acoustic
vibrational energy for the purposes of rehabilitation of
neuromusculoskeletal dysfunction.
Sec. 3. [148.6403] [LICENSURE; PROTECTED TITLES AND
RESTRICTIONS ON USE; EXEMPT PERSONS; SANCTIONS.]
Subdivision 1. [UNLICENSED PRACTICE PROHIBITED.] No person
shall engage in the practice of occupational therapy unless the
person is licensed as an occupational therapist or an
occupational therapist assistant in accordance with sections
148.6401 to 148.6450.
Subd. 2. [PROTECTED TITLES AND RESTRICTIONS ON USE.] Use
of the phrase "occupational therapy" or "occupational
therapist," or the initials "O.T." alone or in combination with
any other words or initials to form an occupational title, or to
indicate or imply that the person is licensed by the state as an
occupational therapist or occupational therapy assistant, is
prohibited unless that person is licensed under sections
148.6401 to 148.6450.
Subd. 3. [USE OF "MINNESOTA LICENSED."] Use of the term
"Minnesota licensed" in conjunction with titles protected under
this section by any person is prohibited unless that person is
licensed under sections 148.6401 to 148.6450.
Subd. 4. [PERSONS LICENSED OR CERTIFIED IN OTHER STATES.]
A person who is licensed in Minnesota and licensed or certified
in another state may use the designation "licensed" or
"certified" with a protected title only if the state of
licensure or certification is clearly indicated.
Subd. 5. [EXEMPT PERSONS.] This section does not apply to:
(1) a person employed as an occupational therapist or
occupational therapy assistant by the government of the United
States or any agency of it. However, use of the protected
titles under those circumstances is allowed only in connection
with performance of official duties for the federal government;
(2) a student participating in supervised fieldwork or
supervised coursework that is necessary to meet the requirements
of section 148.6408, subdivision 1, or 148.6410, subdivision 1,
if the person is designated by a title which clearly indicates
the person's status as a student trainee. Any use of the
protected titles under these circumstances is allowed only while
the person is performing the duties of the supervised fieldwork
or supervised coursework; or
(3) a person performing occupational therapy services in
the state, if the services are performed no more than 30 days in
a calendar year in association with an occupational therapist
licensed under sections 148.6401 to 148.6450, and
(i) the person is credentialed under the law of another
state which has credentialing requirements at least as stringent
as the requirements of sections 148.6401 to 148.6450; or
(ii) the person meets the requirements for certification as
an occupational therapist registered (OTR) or a certified
occupational therapy assistant (COTA), established by the
National Board for Certification in Occupational Therapy.
Subd. 6. [SANCTIONS.] A person who practices occupational
therapy or holds out as an occupational therapist or
occupational therapy assistant by or through the use of any
title described in subdivision 2 without prior licensure
according to sections 148.6401 to 148.6450 is subject to
sanctions or action against continuing the activity according to
section 148.6448, chapter 214, or other statutory authority.
Subd. 7. [EXEMPTION.] Nothing in sections 148.6401 to
148.6450 shall prohibit the practice of any profession or
occupation licensed or registered by the state by any person
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.
Sec. 4. [148.6404] [SCOPE OF PRACTICE.]
The practice of occupational therapy by an occupational
therapist or occupational therapy assistant includes, but is not
limited to, intervention directed toward:
(1) assessment and evaluation, including the use of skilled
observation or the administration and interpretation of
standardized or nonstandardized tests and measurements, to
identify areas for occupational therapy services;
(2) providing for the development of sensory integrative,
neuromuscular, or motor components of performance;
(3) providing for the development of emotional,
motivational, cognitive, or psychosocial components of
performance;
(4) developing daily living skills;
(5) developing feeding and swallowing skills;
(6) developing play skills and leisure capacities;
(7) enhancing educational performance skills;
(8) enhancing functional performance and work readiness
through exercise, range of motion, and use of ergonomic
principles;
(9) designing, fabricating, or applying rehabilitative
technology, such as selected orthotic and prosthetic devices,
and providing training in the functional use of these devices;
(10) designing, fabricating, or adapting assistive
technology and providing training in the functional use of
assistive devices;
(11) adapting environments using assistive technology such
as environmental controls, wheelchair modifications, and
positioning;
(12) employing physical agent modalities, in preparation
for or as an adjunct to purposeful activity, within the same
treatment session or to meet established functional occupational
therapy goals, consistent with the requirements of section
148.6440; and
(13) promoting health and wellness.
Sec. 5. [148.6405] [LICENSURE REQUIREMENTS; PROCEDURES AND
QUALIFICATIONS.]
(a) An applicant for licensure must comply with the general
licensure procedures in section 148.6420. To qualify for
licensure, an applicant must satisfy one of the requirements in
paragraphs (b) to (f) and not be subject to denial of licensure
under section 148.6448.
(b) A person who applies for licensure as an occupational
therapist and who has not been credentialed by the National
Board for Certification in Occupational Therapy or another
jurisdiction must meet the requirements in section 148.6408.
(c) A person who applies for licensure as an occupational
therapy assistant and who has not been credentialed by the
National Board for Certification in Occupational Therapy or
another jurisdiction must meet the requirements in section
148.6410.
(d) A person who is certified by the National Board for
Certification in Occupational Therapy may apply for licensure by
equivalency and must meet the requirements in section 148.6412.
(e) A person who is credentialed in another jurisdiction
may apply for licensure by reciprocity and must meet the
requirements in section 148.6415.
(f) A person who applies for temporary licensure must meet
the requirements in section 148.6418.
Sec. 6. [148.6408] [QUALIFICATIONS FOR OCCUPATIONAL
THERAPIST.]
Subdivision 1. [EDUCATION REQUIRED.] (a) An applicant who
has received professional education in the United States or its
possessions or territories must successfully complete all
academic and fieldwork requirements of an educational program
for occupational therapists approved or accredited by the
Accreditation Council for Occupational Therapy Education.
(b) An applicant who has received professional education
outside the United States or its possessions or territories must
successfully complete all academic and fieldwork requirements of
an educational program for occupational therapists approved by a
member association of the World Federation of Occupational
Therapists.
Subd. 2. [QUALIFYING EXAMINATION SCORE REQUIRED.] (a) An
applicant must achieve a qualifying score on the credentialing
examination for occupational therapist.
(b) The commissioner shall determine the qualifying score
for the credentialing examination for occupational therapist.
In determining the qualifying score, the commissioner shall
consider the cut score recommended by the National Board for
Certification in Occupational Therapy, or other national
credentialing organization approved by the commissioner, using
the modified Angoff method for determining cut score or another
method for determining cut score that is recognized as
appropriate and acceptable by industry standards.
(c) The applicant is responsible for:
(1) making arrangements to take the credentialing
examination for occupational therapist;
(2) bearing all expenses associated with taking the
examination; and
(3) having the examination scores sent directly to the
commissioner from the testing service that administers the
examination.
Sec. 7. [148.6410] [QUALIFICATIONS FOR OCCUPATIONAL
THERAPY ASSISTANTS.]
Subdivision 1. [EDUCATION REQUIRED.] An applicant must
successfully complete all academic and fieldwork requirements of
an occupational therapy assistant program approved or accredited
by the Accreditation Council for Occupational Therapy Education.
Subd. 2. [QUALIFYING EXAMINATION SCORE REQUIRED.] (a) An
applicant for licensure must achieve a qualifying score on the
credentialing examination for occupational therapy assistants.
(b) The commissioner shall determine the qualifying score
for the credentialing examination for occupational therapy
assistants. In determining the qualifying score, the
commissioner shall consider the cut score recommended by the
National Board for Certification in Occupational Therapy, or
other national credentialing organization approved by the
commissioner, using the modified Angoff method for determining
cut score or another method for determining cut score that is
recognized as appropriate and acceptable by industry standards.
(c) The applicant is responsible for:
(1) making all arrangements to take the credentialing
examination for occupational therapy assistants;
(2) bearing all expense associated with taking the
examination; and
(3) having the examination scores sent directly to the
commissioner from the testing service that administers the
examination.
Sec. 8. [148.6412] [LICENSURE BY EQUIVALENCY.]
Subdivision 1. [PERSONS CERTIFIED BY NATIONAL BOARD FOR
CERTIFICATION IN OCCUPATIONAL THERAPY BEFORE JUNE 17, 1996.]
Persons certified by the National Board for Certification in
Occupational Therapy as an occupational therapist before June
17, 1996, may apply for licensure by equivalency for
occupational therapist. Persons certified by the National Board
for Certification in Occupational Therapy as an occupational
therapy assistant before June 17, 1996, may apply for licensure
by equivalency for occupational therapy assistant.
Subd. 2. [PERSONS CERTIFIED BY NATIONAL BOARD FOR
CERTIFICATION IN OCCUPATIONAL THERAPY AFTER JUNE 17, 1996.] The
commissioner may license any person certified by the National
Board for Certification in Occupational Therapy as an
occupational therapist after June 17, 1996, if the commissioner
determines the requirements for certification are equivalent to
or exceed the requirements for licensure as an occupational
therapist under section 148.6408. The commissioner may license
any person certified by the National Board for Certification in
Occupational Therapy as an occupational therapy assistant after
June 17, 1996, if the commissioner determines the requirements
for certification are equivalent to or exceed the requirements
for licensure as an occupational therapy assistant under section
148.6410. Nothing in this section limits the commissioner's
authority to deny licensure based upon the grounds for
discipline in sections 148.6401 to 148.6450.
Subd. 3. [APPLICATION PROCEDURES.] Applicants for
licensure by equivalency must provide:
(1) the application materials as required by section
148.6420, subdivisions 1, 3, and 4; and
(2) the fees required by section 148.6445.
Sec. 9. [148.6415] [LICENSURE BY RECIPROCITY.]
A person who holds a current credential as an occupational
therapist in the District of Columbia or a state or territory of
the United States whose standards for credentialing are
determined by the commissioner to be equivalent to or exceed the
requirements for licensure under section 148.6408 may be
eligible for licensure by reciprocity as an occupational
therapist. A person who holds a current credential as an
occupational therapy assistant in the District of Columbia or a
state or territory of the United States whose standards for
credentialing are determined by the commissioner to be
equivalent to or exceed the requirements for licensure under
section 148.6410 may be eligible for licensure by reciprocity as
an occupational therapy assistant. Nothing in this section
limits the commissioner's authority to deny licensure based upon
the grounds for discipline in sections 148.6401 to 148.6450. An
applicant must provide:
(1) the application materials as required by section
148.6420, subdivisions 1, 3, and 4;
(2) the fees required by section 148.6445;
(3) a copy of a current and unrestricted credential for the
practice of occupational therapy as either an occupational
therapist or occupational therapy assistant;
(4) a letter from the jurisdiction that issued the
credential describing the applicant's qualifications that
entitled the applicant to receive the credential; and
(5) other information necessary to determine whether the
credentialing standards of the jurisdiction that issued the
credential are equivalent to or exceed the requirements for
licensure under sections 148.6401 to 148.6450.
Sec. 10. [148.6418] [TEMPORARY LICENSURE.]
Subdivision 1. [APPLICATION.] The commissioner shall issue
temporary licensure as an occupational therapist or occupational
therapy assistant to applicants who have applied for licensure
under section 148.6408, subdivisions 1 and 2; 148.6410,
subdivisions 1 and 2; 148.6412; or 148.6415 and who are not the
subject of a disciplinary action or past disciplinary action,
nor disqualified on the basis of items listed in section
148.6448, subdivision 1.
Subd. 2. [PROCEDURES.] To be eligible for temporary
licensure, an applicant must submit the application materials
required by section 148.6420, subdivision 1, the fees required
by section 148.6445, and one of the following:
(1) evidence of successful completion of the requirements
in section 148.6408, subdivision 1, or 148.6410, subdivision 1;
(2) a copy of a current and unrestricted credential for the
practice of occupational therapy as either an occupational
therapist or occupational therapy assistant in another
jurisdiction; or
(3) a copy of a current and unrestricted certificate from
the National Board for Certification in Occupational Therapy
stating that the applicant is certified as an occupational
therapist or occupational therapy assistant.
Subd. 3. [ADDITIONAL DOCUMENTATION.] Persons who are
credentialed by the National Board for Certification in
Occupational Therapy or another jurisdiction must provide an
affidavit with the application for temporary licensure stating
that they are not the subject of a pending investigation or
disciplinary action and have not been the subject of a
disciplinary action in the past.
Subd. 4. [SUPERVISION REQUIRED.] An applicant who has
graduated from an accredited occupational therapy program, as
required by section 148.6408, subdivision 1, or 148.6410,
subdivision 1, and who has not passed the examination required
by section 148.6408, subdivision 2, or 148.6410, subdivision 2,
must practice under the supervision of a licensed occupational
therapist. The supervising therapist must, at a minimum,
supervise the person working under temporary licensure in the
performance of the initial evaluation, determination of the
appropriate treatment plan, and periodic review and modification
of the treatment plan. The supervising therapist must observe
the person working under temporary licensure in order to assure
service competency in carrying out evaluation, treatment
planning, and treatment implementation. The frequency of
face-to-face collaboration between the person working under
temporary licensure and the supervising therapist must be based
on the condition of each patient or client, the complexity of
treatment and evaluation procedures, and the proficiencies of
the person practicing under temporary licensure. The
occupational therapist or occupational therapy assistant working
under temporary licensure must provide verification of
supervision on the application form provided by the commissioner.
Subd. 5. [EXPIRATION OF TEMPORARY LICENSURE.] A temporary
license issued to a person pursuant to subdivision 2, clause
(1), expires ten weeks after the next credentialing examination
for occupational therapists and occupational therapy assistants
or on the date the commissioner grants or denies licensure,
whichever occurs first. A temporary license issued to a person
pursuant to subdivision 2, clause (2) or (3), expires 90 days
after it is issued. Upon application for renewal, a temporary
license shall be renewed once to persons who have not met the
examination requirement under section 148.6408, subdivision 2,
or 148.6410, subdivision 2, within the initial temporary
licensure period and who are not the subject of a disciplinary
action nor disqualified on the basis of items in section
148.6448, subdivision 1. Upon application for renewal, a
temporary license shall be renewed once to persons who are able
to demonstrate good cause for failure to meet the requirements
for licensure under section 148.6412 or 148.6415 within the
initial temporary licensure period and who are not the subject
of a disciplinary action nor disqualified on the basis of items
in section 148.6448, subdivision 1.
Sec. 11. [148.6420] [GENERAL LICENSURE PROCEDURES.]
Subdivision 1. [APPLICATIONS FOR LICENSURE.] An applicant
for licensure must:
(1) submit a completed application for licensure on forms
provided by the commissioner and must supply the information
requested on the application, including:
(i) the applicant's name, business address and business
telephone number, business setting, and daytime telephone
number;
(ii) the name and location of the occupational therapy
program the applicant completed;
(iii) a description of the applicant's education and
training, including a list of degrees received from educational
institutions;
(iv) the applicant's work history for the six years
preceding the application, including the number of hours worked;
(v) a list of all credentials currently and previously held
in Minnesota and other jurisdictions;
(vi) a description of any jurisdiction's refusal to
credential the applicant;
(vii) a description of all professional disciplinary
actions initiated against the applicant in any jurisdiction;
(viii) information on any physical or mental condition or
chemical dependency that impairs the person's ability to engage
in the practice of occupational therapy with reasonable judgment
or safety;
(ix) a description of any misdemeanor or felony conviction
that relates to honesty or to the practice of occupational
therapy;
(x) a description of any state or federal court order,
including a conciliation court judgment or a disciplinary order,
related to the individual's occupational therapy practice; and
(xi) a statement indicating the physical agent modalities
the applicant will use and whether the applicant will use the
modalities as an occupational therapist or an occupational
therapy assistant under direct supervision;
(2) submit with the application all fees required by
section 148.6445;
(3) sign a statement that the information in the
application is true and correct to the best of the applicant's
knowledge and belief;
(4) sign a waiver authorizing the commissioner to obtain
access to the applicant's records in this or any other state in
which the applicant holds or previously held a credential for
the practice of an occupation, has completed an accredited
occupational therapy education program, or engaged in the
practice of occupational therapy;
(5) submit additional information as requested by the
commissioner; and
(6) submit the additional information required for
licensure by equivalency, licensure by reciprocity, and
temporary licensure as specified in sections 148.6408 to
148.6418.
Subd. 2. [PERSONS APPLYING FOR LICENSURE UNDER SECTION
148.6408 OR 148.6410.] Persons applying for licensure under
section 148.6408, subdivisions 1 and 2, or 148.6410,
subdivisions 1 and 2, must submit the materials required in
subdivision 1 and the following:
(1) a certificate of successful completion of the
requirements in section 148.6408, subdivision 1, or 148.6410,
subdivision 1; and
(2) the applicant's test results from the examining agency,
as evidence that the applicant received a qualifying score on a
credentialing examination meeting the requirements of section
148.6408, subdivision 2, or 148.6410, subdivision 2.
Subd. 3. [APPLICANTS WHO ARE CERTIFIED BY NATIONAL BOARD
FOR CERTIFICATION IN OCCUPATIONAL THERAPY.] An applicant who is
certified by the National Board for Certification in
Occupational Therapy must provide the materials required in
subdivision 1 and the following:
(1) verified documentation from the National Board for
Certification in Occupational Therapy stating that the applicant
is certified as an occupational therapist, registered or
certified occupational therapy assistant, the date certification
was granted, and the applicant's certification number. The
document must also include a statement regarding disciplinary
actions. The applicant is responsible for obtaining this
documentation by sending a form provided by the commissioner to
the National Board for Certification in Occupational Therapy;
and
(2) a waiver authorizing the commissioner to obtain access
to the applicant's records maintained by the National Board for
Certification in Occupational Therapy.
Subd. 4. [APPLICANTS CREDENTIALED IN ANOTHER
JURISDICTION.] In addition to providing the materials required
in subdivision 1, an applicant credentialed in another
jurisdiction must request that the appropriate government body
in each jurisdiction in which the applicant holds or held an
occupational therapy credential send a letter to the
commissioner that verifies the applicant's credentials. Except
as provided in section 148.6418, a license shall not be issued
until the commissioner receives letters verifying each of the
applicant's credentials. Each letter must include the
applicant's name, date of birth, credential number, date of
issuance, a statement regarding investigations pending and
disciplinary actions taken or pending against the applicant,
current status of the credential, and the terms under which the
credential was issued.
Subd. 5. [ACTION ON APPLICATIONS FOR LICENSURE.] (a) The
commissioner shall approve, approve with conditions, or deny
licensure. The commissioner shall act on an application for
licensure according to paragraphs (b) to (d).
(b) The commissioner shall determine if the applicant meets
the requirements for licensure. The commissioner, or the
advisory council at the commissioner's request, may investigate
information provided by an applicant to determine whether the
information is accurate and complete.
(c) The commissioner shall notify an applicant of action
taken on the application and, if licensure is denied or approved
with conditions, the grounds for the commissioner's
determination.
(d) An applicant denied licensure or granted licensure with
conditions may make a written request to the commissioner,
within 30 days of the date of the commissioner's determination,
for reconsideration of the commissioner's determination.
Individuals requesting reconsideration may submit information
which the applicant wants considered in the reconsideration.
After reconsideration of the commissioner's determination to
deny licensure or grant licensure with conditions, the
commissioner shall determine whether the original determination
should be affirmed or modified. An applicant is allowed no more
than one request in any one biennial licensure period for
reconsideration of the commissioner's determination to deny
licensure or approve licensure with conditions.
Sec. 12. [148.6423] [LICENSURE RENEWAL.]
Subdivision 1. [RENEWAL REQUIREMENTS.] To be eligible for
licensure renewal, a licensee must:
(1) submit a completed and signed application for licensure
renewal on forms provided by the commissioner;
(2) submit the renewal fee required under section 148.6445;
(3) submit proof of having met the continuing education
requirement of section 148.6443 on forms provided by the
commissioner; and
(4) submit additional information as requested by the
commissioner to clarify information presented in the renewal
application. The information must be submitted within 30 days
after the commissioner's request.
Subd. 2. [RENEWAL DEADLINE.] (a) Except as provided in
paragraph (c), licenses must be renewed every two years.
Licensees must comply with the following procedures in
paragraphs (b) to (e):
(b) Each license must state an expiration date. An
application for licensure renewal must be received by the
department of health or postmarked at least 30 calendar days
before the expiration date. If the postmark is illegible, the
application shall be considered timely if received at least 21
calendar days before the expiration date.
(c) If the commissioner changes the renewal schedule and
the expiration date is less than two years, the fee and the
continuing education contact hours to be reported at the next
renewal must be prorated.
(d) An application for licensure renewal not received
within the time required under paragraph (b), but received on or
before the expiration date, must be accompanied by a late fee in
addition to the renewal fee specified by section 148.6445.
(e) Licensure renewals received after the expiration date
shall not be accepted and persons seeking licensed status must
comply with the requirements of section 148.6425.
Subd. 3. [LICENSURE RENEWAL NOTICE.] At least 60 calendar
days before the expiration date in subdivision 2, the
commissioner shall mail a renewal notice to the licensee's last
known address on file with the commissioner. The notice must
include an application for licensure renewal and notice of fees
required for renewal. The licensee's failure to receive notice
does not relieve the licensee of the obligation to meet the
renewal deadline and other requirements for licensure renewal.
Sec. 13. [148.6425] [RENEWAL OF LICENSURE; AFTER
EXPIRATION DATE.]
Subdivision 1. [REMOVAL OF NAME FROM LIST.] The names of
licensees who do not comply with the licensure renewal
requirements of section 148.6423 on or before the expiration
date shall be removed from the list of individuals authorized to
practice occupational therapy and to use the protected titles in
section 148.6403. The licensees must comply with the
requirements of this section in order to regain licensed status.
Subd. 2. [LICENSURE RENEWAL AFTER LICENSURE EXPIRATION
DATE.] Except as provided in subdivision 4, an individual whose
application for licensure renewal is received after the
licensure expiration date must submit the following:
(1) a completed and signed application for licensure
following lapse in licensed status on forms provided by the
commissioner;
(2) the renewal fee and the late fee required under section
148.6445;
(3) proof of having met the continuing education
requirements since the individual's initial licensure or last
licensure renewal; and
(4) additional information as requested by the commissioner
to clarify information in the application, including information
to determine whether the individual has engaged in conduct
warranting disciplinary action as set forth in section
148.6448. The information must be submitted within 30 days
after the commissioner's request.
Subd. 3. [LICENSURE RENEWAL FOUR YEARS OR MORE AFTER
LICENSURE EXPIRATION DATE.] (a) Except as provided in
subdivision 4, an individual who requests licensure renewal four
years or more after the licensure expiration date must submit
the following:
(1) a completed and signed application for licensure on
forms provided by the commissioner;
(2) the renewal fee and the late fee required under section
148.6445;
(3) proof of having met the continuing education
requirement for the most recently completed two-year continuing
education cycle; and
(4) at the time of the next licensure renewal, proof of
having met the continuing education requirement, which shall be
prorated based on the number of months licensed during the
biennial licensure period.
(b) In addition to the requirements in paragraph (a), the
applicant must submit proof of one of the following:
(1) verified documentation of successful completion of 160
hours of supervised practice approved by the commissioner as
described in paragraph (c);
(2) verified documentation of having achieved a qualifying
score on the credentialing examination for occupational
therapists or the credentialing examination for occupational
therapy assistants administered within the past year; or
(3) documentation of having completed a combination of
occupational therapy courses or an occupational therapy
refresher program that contains both a theoretical and clinical
component approved by the commissioner. Only courses completed
within one year preceding the date of the application or one
year after the date of the application qualify for approval.
(c) To participate in a supervised practice as described in
paragraph (b), clause (1), the applicant shall obtain limited
licensure. To apply for limited licensure, the applicant shall
submit the completed limited licensure application, fees, and
agreement for supervision of an occupational therapist or
occupational therapy assistant practicing under limited
licensure signed by the supervising therapist and the
applicant. The supervising occupational therapist shall state
the proposed level of supervision on the supervision agreement
form provided by the commissioner. The supervising therapist
shall determine the frequency and manner of supervision based on
the condition of the patient or client, the complexity of the
procedure, and the proficiencies of the supervised occupational
therapist. At a minimum, a supervising occupational therapist
shall be on the premises at all times that the person practicing
under limited licensure is working; be in the room ten percent
of the hours worked each week by the person practicing under
provisional licensure; and provide daily face-to-face
collaboration for the purpose of observing service competency of
the occupational therapist or occupational therapy assistant,
discussing treatment procedures and each client's response to
treatment, and reviewing and modifying, as necessary, each
treatment plan. The supervising therapist shall document the
supervision provided. The occupational therapist participating
in a supervised practice is responsible for obtaining the
supervision required under this paragraph and must comply with
the commissioner's requirements for supervision during the
entire 160 hours of supervised practice. The supervised
practice must be completed in two months and may be completed at
the applicant's place of work.
(d) In addition to the requirements in paragraphs (a) and
(b), the applicant must submit additional information as
requested by the commissioner to clarify information in the
application, including information to determine whether the
applicant has engaged in conduct warranting disciplinary action
as set forth in section 148.6448. The information must be
submitted within 30 days after the commissioner's request.
Sec. 14. [148.6428] [CHANGE OF ADDRESS.]
A licensee who changes addresses must inform the
commissioner, in writing, of the change of address within 30
days. All notices or other correspondence mailed to or served
on a licensee by the commissioner at the licensee's address on
file with the commissioner shall be considered as having been
received by the licensee.
Sec. 15. [148.6430] [DELEGATION OF DUTIES; ASSIGNMENT OF
TASKS.]
The occupational therapist is responsible for all duties
delegated to the occupational therapy assistant or tasks
assigned to direct service personnel. The occupational
therapist may delegate to an occupational therapy assistant
those portions of a client's evaluation, reevaluation, and
treatment that, according to prevailing practice standards of
the American Occupational Therapy Association, can be performed
by an occupational therapy assistant. The occupational
therapist may not delegate portions of an evaluation or
reevaluation of a person whose condition is changing rapidly.
Delegation of duties related to use of physical agent modalities
to occupational therapy assistants is governed by section
148.6440, subdivision 6.
Sec. 16. [148.6432] [SUPERVISION OF OCCUPATIONAL THERAPY
ASSISTANTS.]
Subdivision 1. [APPLICABILITY.] If the professional
standards identified in section 148.6430 permit an occupational
therapist to delegate an evaluation, reevaluation, or treatment
procedure, the occupational therapist must provide supervision
consistent with this section. Supervision of occupational
therapy assistants using physical agent modalities is governed
by section 148.6440, subdivision 6.
Subd. 2. [EVALUATIONS.] The occupational therapist shall
determine the frequency of evaluations and reevaluations for
each client. The occupational therapy assistant shall inform
the occupational therapist of the need for more frequent
reevaluation if indicated by the client's condition or response
to treatment. Before delegating a portion of a client's
evaluation pursuant to section 148.6430, the occupational
therapist shall ensure the service competency of the
occupational therapy assistant in performing the evaluation
procedure and shall provide supervision consistent with the
condition of the patient or client and the complexity of the
evaluation procedure.
Subd. 3. [TREATMENT.] (a) The occupational therapist shall
determine the frequency and manner of supervision of an
occupational therapy assistant performing treatment procedures
delegated pursuant to section 148.6430, based on the condition
of the patient or client, the complexity of the treatment
procedure, and the proficiencies of the occupational therapy
assistant.
(b) Face-to-face collaboration between the occupational
therapist and the occupational therapy assistant shall occur, at
a minimum, every two weeks, during which time the occupational
therapist is responsible for:
(1) planning and documenting an initial treatment plan and
discharge from treatment;
(2) reviewing treatment goals, therapy programs, and client
progress;
(3) supervising changes in the treatment plan;
(4) conducting or observing treatment procedures for
selected clients and documenting appropriateness of treatment
procedures. Clients shall be selected based on the occupational
therapy services provided to the client and the role of the
occupational therapist and the occupational therapy assistant in
those services; and
(5) ensuring the service competency of the occupational
therapy assistant in performing delegated treatment procedures.
(c) Face-to-face collaboration must occur more frequently
than every two weeks if necessary to meet the requirements of
paragraph (a) or (b).
(d) The occupational therapist shall document compliance
with this subdivision in the client's file or chart.
Subd. 4. [EXCEPTION.] The supervision requirements of this
section do not apply to an occupational therapy assistant who:
(1) works in an activities program; and
(2) does not perform occupational therapy services.
The occupational therapy assistant must meet all other
applicable requirements of sections 148.6401 to 148.6450.
Sec. 17. [148.6435] [COORDINATION OF SERVICES.]
An occupational therapist shall:
(1) collect information necessary to ensure that the
provision of occupational therapy services are consistent with
the client's physical and mental health status. The information
required to make this determination may include, but is not
limited to, contacting the client's licensed health care
professional for health history, current health status, current
medications, and precautions;
(2) modify or terminate occupational therapy treatment of a
client that is not beneficial to the client, not tolerated by
the client, or refused by the client, and if treatment was
terminated for a medical reason, notify the client's licensed
health care professional by correspondence postmarked or
delivered to the licensed health care professional within seven
calendar days of the termination of treatment;
(3) refer a client to an appropriate health care, social
service, or education practitioner if the client's condition
requires services not within the occupational therapist's
service competency or not within the practice of occupational
therapy generally;
(4) participate and cooperate in the coordination of
occupational therapy services with other related services, as a
member of the professional community serving the client; and
(5) communicate, in writing, with the appropriate licensed
health care professional an occupational therapy plan of care,
postmarked or delivered to the licensed health care professional
within 14 calendar days of the initiation of treatment. The
occupational therapist must provide this written communication
even if occupational therapy treatment is concluded in less than
14 consecutive days. The occupational therapist shall document
modifications to the plan of care requested by the licensed
health care professional following consultation with the
licensed health care professional. Occupational therapists
employed by a school system are exempt from the requirements of
this clause in the performance of their duties within the school
system.
Sec. 18. [148.6438] [RECIPIENT NOTIFICATION.]
Subdivision 1. [REQUIRED NOTIFICATION.] In the absence of
a physician referral or prior authorization, and before
providing occupational therapy services for remuneration or
expectation of payment from the client, an occupational
therapist must provide the following written notification in all
capital letters of 12-point or larger bold-face type, to the
client, parent, or guardian:
"Your health care provider, insurer, or plan may require a
physician referral or prior authorization and you may be
obligated for partial or full payment for occupational therapy
services rendered."
Information other than this notification may be included as
long as the notification remains conspicuous on the face of the
document. A nonwritten disclosure format may be used to satisfy
the recipient notification requirement when necessary to
accommodate the physical condition of a client or client's
guardian.
Subd. 2. [EVIDENCE OF RECIPIENT NOTIFICATION.] The
occupational therapist is responsible for providing evidence of
compliance with the recipient notification requirement of this
section.
Sec. 19. [148.6440] [PHYSICAL AGENT MODALITIES.]
Subdivision 1. [GENERAL CONSIDERATIONS.] (a) Occupational
therapists who use superficial physical agent modalities must
comply with the requirements in subdivision 3. Occupational
therapists who use electrotherapy must comply with the
requirements in subdivision 4. Occupational therapists who use
ultrasound devices must comply with the requirements in
subdivision 5. Occupational therapy assistants who use physical
agent modalities must comply with subdivision 6.
(b) Use of superficial physical agent modalities,
electrical stimulation devices, and ultrasound devices must be
on the order of a physician.
(c) The commissioner shall maintain a roster of persons
licensed under sections 148.6401 to 148.6450 who use physical
agent modalities. Prior to using a physical agent modality,
licensees must inform the commissioner of the physical agent
modality they will use. Persons who use physical agent
modalities must indicate on their initial and renewal
applications the physical agent modalities that they use.
(d) Licensees are responsible for informing the
commissioner of any changes in the information required in this
section within 30 days of any change.
Subd. 2. [WRITTEN DOCUMENTATION REQUIRED.] Prior to use of
physical agent modalities, an occupational therapist must
provide to the commissioner documentation verifying that the
occupational therapist has met the educational and clinical
requirements described in subdivisions 3 to 5, depending on the
modality or modalities used. Both theoretical training and
clinical application objectives must be met for each modality
used. Documentation must include the name and address of the
individual or organization sponsoring the activity; the name and
address of the facility at which the activity was presented; and
a copy of the course, workshop, or seminar description,
including learning objectives and standards for meeting the
objectives. In the case of clinical application objectives,
teaching methods must be documented, including actual supervised
practice. Documentation must include a transcript or
certificate showing successful completion of the coursework.
Practitioners are prohibited from using physical agent
modalities independently until granted approval as provided in
subdivision 7.
Subd. 3. [EDUCATIONAL AND CLINICAL REQUIREMENTS FOR USE OF
SUPERFICIAL PHYSICAL AGENT MODALITIES.] (a) An occupational
therapist may use superficial physical agent modalities if the
occupational therapist has received theoretical training and
clinical application training in the use of superficial physical
agent modalities.
(b) Theoretical training in the use of superficial physical
agent modalities must:
(1) explain the rationale and clinical indications for use
of superficial physical agent modalities;
(2) explain the physical properties and principles of the
superficial physical agent modalities;
(3) describe the types of heat and cold transference;
(4) explain the factors affecting tissue response to
superficial heat and cold;
(5) describe the biophysical effects of superficial
physical agent modalities in normal and abnormal tissue;
(6) describe the thermal conductivity of tissue, matter,
and air;
(7) explain the advantages and disadvantages of superficial
physical agent modalities; and
(8) explain the precautions and contraindications of
superficial physical agent modalities.
(c) Clinical application training in the use of superficial
physical agent modalities must include activities requiring the
practitioner to:
(1) formulate and justify a plan for the use of superficial
physical agents for treatment appropriate to its use and
simulate the treatment;
(2) evaluate biophysical effects of the superficial
physical agents;
(3) identify when modifications to the treatment plan for
use of superficial physical agents are needed and propose the
modification plan;
(4) safely and appropriately administer superficial
physical agents under the supervision of a course instructor or
clinical trainer;
(5) document parameters of treatment, patient response, and
recommendations for progression of treatment for the superficial
physical agents; and
(6) demonstrate the ability to work competently with
superficial physical agents as determined by a course instructor
or clinical trainer.
Subd. 4. [EDUCATIONAL AND CLINICAL REQUIREMENTS FOR USE OF
ELECTROTHERAPY.] (a) An occupational therapist may use
electrotherapy if the occupational therapist has received
theoretical training and clinical application training in the
use of electrotherapy.
(b) Theoretical training in the use of electrotherapy must:
(1) explain the rationale and clinical indications of
electrotherapy, including pain control, muscle dysfunction, and
tissue healing;
(2) demonstrate comprehension and understanding of
electrotherapeutic terminology and biophysical principles,
including current, voltage, amplitude, and resistance;
(3) describe the types of current used for electrical
stimulation, including the description, modulations, and
clinical relevance;
(4) describe the time-dependent parameters of pulsed and
alternating currents, including pulse and phase durations and
intervals;
(5) describe the amplitude-dependent characteristics of
pulsed and alternating currents;
(6) describe neurophysiology and the properties of
excitable tissue;
(7) describe nerve and muscle response from externally
applied electrical stimulation, including tissue healing;
(8) describe the electrotherapeutic effects and the
response of nerve, denervated and innervated muscle, and other
soft tissue; and
(9) explain the precautions and contraindications of
electrotherapy, including considerations regarding pathology of
nerve and muscle tissue.
(c) Clinical application training in the use of
electrotherapy must include activities requiring the
practitioner to:
(1) formulate and justify a plan for the use of electrical
stimulation devices for treatment appropriate to its use and
simulate the treatment;
(2) evaluate biophysical treatment effects of the
electrical stimulation;
(3) identify when modifications to the treatment plan using
electrical stimulation are needed and propose the modification
plan;
(4) safely and appropriately administer electrical
stimulation under supervision of a course instructor or clinical
trainer;
(5) document the parameters of treatment, case example
(patient) response, and recommendations for progression of
treatment for electrical stimulation; and
(6) demonstrate the ability to work competently with
electrical stimulation as determined by a course instructor or
clinical trainer.
Subd. 5. [EDUCATIONAL AND CLINICAL REQUIREMENTS FOR USE OF
ULTRASOUND.] (a) An occupational therapist may use an ultrasound
device if the occupational therapist has received theoretical
training and clinical application training in the use of
ultrasound.
(b) The theoretical training in the use of ultrasound must:
(1) explain the rationale and clinical indications for the
use of ultrasound, including anticipated physiological responses
of the treated area;
(2) describe the biophysical thermal and nonthermal effects
of ultrasound on normal and abnormal tissue;
(3) explain the physical principles of ultrasound,
including wavelength, frequency, attenuation, velocity, and
intensity;
(4) explain the mechanism and generation of ultrasound and
energy transmission through physical matter; and
(5) explain the precautions and contraindications regarding
use of ultrasound devices.
(c) The clinical application training in the use of
ultrasound must include activities requiring the practitioner to:
(1) formulate and justify a plan for the use of ultrasound
for treatment appropriate to its use and stimulate the
treatment;
(2) evaluate biophysical effects of ultrasound;
(3) identify when modifications to the treatment plan for
use of ultrasound are needed and propose the modification plan;
(4) safely and appropriately administer ultrasound under
supervision of a course instructor or clinical trainer;
(5) document parameters of treatment, patient response, and
recommendations for progression of treatment for ultrasound; and
(6) demonstrate the ability to work competently with
ultrasound as determined by a course instructor or clinical
trainer.
Subd. 6. [OCCUPATIONAL THERAPY ASSISTANT USE OF PHYSICAL
AGENT MODALITIES.] An occupational therapy assistant may set up
and implement treatment using physical agent modalities if the
assistant meets the requirements of this section, has
demonstrated service competency for the particular modality
used, and works under the direct supervision of an occupational
therapist. An occupational therapy assistant who uses
superficial physical agent modalities must meet the requirements
of subdivision 3. An occupational therapy assistant who uses
electrotherapy must meet the requirements of subdivision 4. An
occupational therapy assistant who uses ultrasound must meet the
requirements of subdivision 5. An occupational therapist may
not delegate evaluation, reevaluation, treatment planning, and
treatment goals for physical agent modalities to an occupational
therapy assistant.
Subd. 7. [APPROVAL.] (a) The advisory council shall
appoint a committee to review documentation under subdivisions 2
to 6 to determine if established educational and clinical
requirements are met.
(b) Occupational therapists shall be advised of the status
of their request for approval within 30 days. Occupational
therapists must provide any additional information requested by
the committee that is necessary to make a determination
regarding approval or denial.
(c) A determination regarding a request for approval of
training under this subdivision shall be made in writing to the
occupational therapist. If denied, the reason for denial shall
be provided.
(d) A licensee who was approved by the commissioner as a
level two provider prior to July 1, 1999, shall remain on the
roster maintained by the commissioner in accordance with
subdivision 1, paragraph (c).
(e) To remain on the roster maintained by the commissioner,
a licensee who was approved by the commissioner as a level one
provider prior to July 1, 1999, must submit to the commissioner
documentation of training and experience gained using physical
agent modalities since the licensee's approval as a level one
provider. The committee appointed under paragraph (a) shall
review the documentation and make a recommendation to the
commissioner regarding approval.
(f) An occupational therapist who received training in the
use of physical agent modalities prior to July 1, 1999, but who
has not been placed on the roster of approved providers may
submit to the commissioner documentation of training and
experience gained using physical agent modalities. The
committee appointed under paragraph (a) shall review
documentation and make a recommendation to the commissioner
regarding approval.
Sec. 20. [148.6443] [CONTINUING EDUCATION REQUIREMENTS.]
Subdivision 1. [GENERAL REQUIREMENTS.] An occupational
therapist applying for licensure renewal must have completed a
minimum of 24 contact hours of continuing education in the two
years preceding licensure renewal. An occupational therapy
assistant applying for licensure renewal must have completed a
minimum of 18 contact hours of continuing education in the two
years preceding licensure renewal. Licensees who are issued
licenses for a period of less than two years shall prorate the
number of contact hours required for licensure renewal based on
the number of months licensed during the biennial licensure
period. Licensees shall receive contact hours for continuing
education activities only for the biennial licensure period in
which the continuing education activity was performed.
To qualify as a continuing education activity, the activity
must be a minimum of one contact hour. Contact hours must be
earned and reported in increments of one contact hour or
one-half contact hour for each continuing education activity.
One-half contact hour means an instructional session of 30
consecutive minutes, excluding coffee breaks, registration,
meals without a speaker, and social activities.
Each licensee is responsible for financing the cost of the
licensee's continuing education activities.
Subd. 2. [STANDARDS FOR DETERMINING QUALIFIED CONTINUING
EDUCATION ACTIVITIES.] Except as provided in subdivision 3,
paragraph (f), in order to qualify as a continuing education
activity, the activity must:
(1) constitute an organized program of learning;
(2) reasonably be expected to advance the knowledge and
skills of the occupational therapy practitioner;
(3) pertain to subjects that directly relate to the
practice of occupational therapy;
(4) be conducted by individuals who have education,
training, and experience by reason of which the individuals
should be considered experts on the subject matter of the
activity; and
(5) be presented by a sponsor who has a mechanism to verify
participation and maintains attendance records for three years.
Subd. 3. [ACTIVITIES QUALIFYING FOR CONTINUING EDUCATION
CONTACT HOURS.] (a) The activities in this subdivision qualify
for continuing education contact hours if they meet all other
requirements of this section.
(b) A licensee may obtain an unlimited number of contact
hours in any two-year continuing education period through
participation in the following:
(1) attendance at educational programs of annual
conferences, lectures, panel discussions, workshops, in-service
training, seminars, and symposiums;
(2) successful completion of college or university
courses. The licensee must obtain a grade of at least a "C" or
a pass in a pass or fail course in order to receive the
following continuing education credits:
(i) one semester credit equals 14 contact hours;
(ii) one trimester credit equals 12 contact hours; and
(iii) one quarter credit equals ten contact hours; and
(3) successful completion of home study courses that
require the participant to demonstrate the participant's
knowledge following completion of the course.
(c) A licensee may obtain a maximum of six contact hours in
any two-year continuing education period for teaching continuing
education courses that meet the requirements of this section. A
licensee is entitled to earn a maximum of two contact hours as
preparation time for each contact hour of presentation time.
Contact hours may be claimed only once for teaching the same
course in any two-year continuing education period. A course
schedule or brochure must be maintained for audit.
(d) A licensee may obtain a maximum of two contact hours in
any two-year continuing education period for continuing
education activities in the following areas:
(1) business-related topics: marketing, time management,
administration, risk management, government regulations,
techniques for training professionals, computer skills, and
similar topics;
(2) personal skill topics: career burnout, communication
skills, human relations, and similar topics; and
(3) training that is obtained in conjunction with a
licensee's employment, occurs during a licensee's normal
workday, and does not include subject matter specific to the
fundamentals of occupational therapy.
(e) An occupational therapy practitioner that utilizes
leisure activities, recreational activities, or hobbies as part
of occupational therapy services in the practitioner's current
work setting may obtain a maximum of six contact hours in any
two-year continuing education period for participation in
courses teaching these activities.
(f) A licensee may obtain a maximum of six contact hours in
any two-year continuing education period for supervision of
occupational therapist or occupational therapy assistant
students. A licensee may earn one contact hour for every eight
hours of student supervision. Licensees must maintain a log
indicating the name of each student supervised and the hours
each student was supervised. Contact hours obtained by student
supervision must be obtained by supervising students from an
occupational therapy education program accredited by the
Accreditation Council for Occupational Therapy Education.
Subd. 4. [ACTIVITIES NOT QUALIFYING FOR CONTINUING
EDUCATION CONTACT HOURS.] No credit shall be granted for the
following activities: hospital rounds, entertainment or
recreational activities, employment orientation sessions,
holding an office or serving as an organizational delegate,
meetings for the purpose of making policy, noneducational
association meetings, training related to payment systems,
including covered services, coding, and billing.
Subd. 5. [REPORTING CONTINUING EDUCATION CONTACT HOURS.]
At the time of licensure renewal, each licensee shall submit
verification that the licensee has met the continuing education
requirements of this section on the continuing education report
form provided by the commissioner. The continuing education
report form may require the following information:
(1) title of continuing education activity;
(2) brief description of the continuing education activity;
(3) sponsor, presenter, or author;
(4) location and attendance dates;
(5) number of contact hours; and
(6) licensee's notarized affirmation that the information
is true and correct.
Subd. 6. [AUDITING CONTINUING EDUCATION REPORTS.] (a) The
commissioner may audit a percentage of the continuing education
reports based on random selection. A licensee shall maintain
all documentation required by this section for two years after
the last day of the biennial licensure period in which the
contact hours were earned.
(b) All renewal applications that are received after the
expiration date may be subject to a continuing education report
audit.
(c) Any licensee against whom a complaint is filed may be
subject to a continuing education report audit.
(d) The licensee shall make the following information
available to the commissioner for auditing purposes:
(1) a copy of the completed continuing education report
form for the continuing education reporting period that is the
subject of the audit including all supporting documentation
required by subdivision 5;
(2) a description of the continuing education activity
prepared by the presenter or sponsor that includes the course
title or subject matter, date, place, number of program contact
hours, presenters, and sponsors;
(3) documentation of self-study programs by materials
prepared by the presenter or sponsor that includes the course
title, course description, name of sponsor or author, and the
number of hours required to complete the program;
(4) documentation of university, college, or vocational
school courses by a course syllabus, listing in a course
bulletin, or equivalent documentation that includes the course
title, instructor's name, course dates, number of contact hours,
and course content, objectives, or goals; and
(5) verification of attendance by:
(i) a signature of the presenter or a designee at the
continuing education activity on the continuing education report
form or a certificate of attendance with the course name, course
date, and licensee's name;
(ii) a summary or outline of the educational content of an
audio or video educational activity to verify the licensee's
participation in the activity if a designee is not available to
sign the continuing education report form;
(iii) verification of self-study programs by a certificate
of completion or other documentation indicating that the
individual has demonstrated knowledge and has successfully
completed the program; or
(iv) verification of attendance at a university, college,
or vocational course by an official transcript.
Subd. 7. [WAIVER OF CONTINUING EDUCATION REQUIREMENTS.]
The commissioner may grant a waiver of the requirements of this
section in cases where the requirements would impose an extreme
hardship on the licensee. The request for a waiver must be in
writing, state the circumstances that constitute extreme
hardship, state the period of time the licensee wishes to have
the continuing education requirement waived, and state the
alternative measures that will be taken if a waiver is granted.
The commissioner shall set forth, in writing, the reasons for
granting or denying the waiver. Waivers granted by the
commissioner shall specify, in writing, the time limitation and
required alternative measures to be taken by the licensee. A
request for waiver shall be denied if the commissioner finds
that the circumstances stated by the licensee do not support a
claim of extreme hardship, the requested time period for waiver
is unreasonable, the alternative measures proposed by the
licensee are not equivalent to the continuing education activity
being waived, or the request for waiver is not submitted to the
commissioner within 60 days after the expiration date.
Subd. 8. [PENALTIES FOR NONCOMPLIANCE.] The commissioner
shall refuse to renew or grant, or shall suspend, condition,
limit, or qualify the license of any person who the commissioner
determines has failed to comply with the continuing education
requirements of this section. A licensee may request
reconsideration of the commissioner's determination of
noncompliance or the penalty imposed under this section by
making a written request to the commissioner within 30 days of
the date of notification to the applicant. Individuals
requesting reconsideration may submit information that the
licensee wants considered in the reconsideration.
Sec. 21. [148.6445] [FEES; SURCHARGE.]
Subdivision 1. [INITIAL LICENSURE FEE.] The initial
licensure fee for occupational therapists is $180. The initial
licensure fee for occupational therapy assistants is $100. The
commissioner shall prorate fees based on the number of quarters
remaining in the biennial licensure period.
Subd. 2. [LICENSURE RENEWAL FEE.] The biennial licensure
renewal fee for occupational therapists is $180. The biennial
licensure renewal fee for occupational therapy assistants is
$100.
Subd. 3. [LATE FEE.] The fee for late submission of a
renewal application is $25.
Subd. 4. [TEMPORARY LICENSURE FEE.] The fee for temporary
licensure is $50.
Subd. 5. [LIMITED LICENSURE FEE.] The fee for limited
licensure is $96.
Subd. 6. [FEE FOR COURSE APPROVAL AFTER LAPSE OF
LICENSURE.] The fee for course approval after lapse of licensure
is $96.
Subd. 7. [CERTIFICATION TO OTHER STATES.] The fee for
certification of licensure to other states is $25.
Subd. 8. [VERIFICATION TO INSTITUTIONS.] The fee for
verification of licensure to institutions is $10.
Subd. 9. [SURCHARGE.] Until June 17, 2001, all licensees
must pay a surcharge fee in addition to other applicable fees.
Occupational therapists must pay a biennial surcharge fee of $62
upon application for licensure and licensure renewal.
Occupational therapy assistants must pay a biennial surcharge
fee of $36 upon application for licensure and licensure renewal.
Subd. 10. [NONREFUNDABLE FEES.] All fees are nonrefundable.
Sec. 22. [148.6448] [GROUNDS FOR DENIAL OF LICENSURE OR
DISCIPLINE; INVESTIGATION PROCEDURES; DISCIPLINARY ACTIONS.]
Subdivision 1. [GROUNDS FOR DENIAL OF LICENSURE OR
DISCIPLINE.] The commissioner may deny an application for
licensure, may approve licensure with conditions, or may
discipline a licensee using any disciplinary actions listed in
subdivision 3 on proof that the individual has:
(1) intentionally submitted false or misleading information
to the commissioner or the advisory council;
(2) failed, within 30 days, to provide information in
response to a written request by the commissioner or advisory
council;
(3) performed services of an occupational therapist or
occupational therapy assistant in an incompetent manner or in a
manner that falls below the community standard of care;
(4) failed to satisfactorily perform occupational therapy
services during a period of provisional licensure;
(5) violated sections 148.6401 to 148.6450;
(6) failed to perform services with reasonable judgment,
skill, or safety due to the use of alcohol or drugs, or other
physical or mental impairment;
(7) been convicted of violating any state or federal law,
rule, or regulation which directly relates to the practice of
occupational therapy;
(8) aided or abetted another person in violating any
provision of sections 148.6401 to 148.6450;
(9) been disciplined for conduct in the practice of an
occupation by the state of Minnesota, another jurisdiction, or a
national professional association, if any of the grounds for
discipline are the same or substantially equivalent to those in
sections 148.6401 to 148.6450;
(10) not cooperated with the commissioner or advisory
council in an investigation conducted according to subdivision
2;
(11) advertised in a manner that is false or misleading;
(12) engaged in dishonest, unethical, or unprofessional
conduct in connection with the practice of occupational therapy
that is likely to deceive, defraud, or harm the public;
(13) demonstrated a willful or careless disregard for the
health, welfare, or safety of a client;
(14) performed medical diagnosis or provided treatment,
other than occupational therapy, without being licensed to do so
under the laws of this state;
(15) paid or promised to pay a commission or part of a fee
to any person who contacts the occupational therapist for
consultation or sends patients to the occupational therapist for
treatment;
(16) engaged in an incentive payment arrangement, other
than that prohibited by clause (15), that promotes occupational
therapy overutilization, whereby the referring person or person
who controls the availability of occupational therapy services
to a client profits unreasonably as a result of client
treatment;
(17) engaged in abusive or fraudulent billing practices,
including violations of federal Medicare and Medicaid laws, Food
and Drug Administration regulations, or state medical assistance
laws;
(18) obtained money, property, or services from a consumer
through the use of undue influence, high pressure sales tactics,
harassment, duress, deception, or fraud;
(19) performed services for a client who had no possibility
of benefiting from the services;
(20) failed to refer a client for medical evaluation when
appropriate or when a client indicated symptoms associated with
diseases that could be medically or surgically treated;
(21) engaged in conduct with a client that is sexual or may
reasonably be interpreted by the client as sexual, or in any
verbal behavior that is seductive or sexually demeaning to a
patient;
(22) violated a federal or state court order, including a
conciliation court judgment, or a disciplinary order issued by
the commissioner, related to the person's occupational therapy
practice; or
(23) any other just cause related to the practice of
occupational therapy.
Subd. 2. [INVESTIGATION OF COMPLAINTS.] The commissioner,
or the advisory council when authorized by the commissioner, may
initiate an investigation upon receiving a complaint or other
oral or written communication that alleges or implies that a
person has violated sections 148.6401 to 148.6450. In the
receipt, investigation, and hearing of a complaint that alleges
or implies a person has violated sections 148.6401 to 148.6450,
the commissioner shall follow the procedures in section 214.10.
Subd. 3. [DISCIPLINARY ACTIONS.] If the commissioner finds
that an occupational therapist or occupational therapy assistant
should be disciplined according to subdivision 1, the
commissioner may take any one or more of the following actions:
(1) refuse to grant or renew licensure;
(2) approve licensure with conditions;
(3) revoke licensure;
(4) suspend licensure;
(5) any reasonable lesser action including, but not limited
to, reprimand or restriction on licensure; or
(6) any action authorized by statute.
Subd. 4. [EFFECT OF SPECIFIC DISCIPLINARY ACTION ON USE OF
TITLE.] Upon notice from the commissioner denying licensure
renewal or upon notice that disciplinary actions have been
imposed and the person is no longer entitled to practice
occupational therapy and use the occupational therapy and
licensed titles, the person shall cease to practice occupational
therapy, to use titles protected by sections 148.6401 to
148.6450, and to represent to the public that the person is
licensed by the commissioner.
Subd. 5. [REINSTATEMENT REQUIREMENTS AFTER DISCIPLINARY
ACTION.] A person who has had licensure suspended may request
and provide justification for reinstatement following the period
of suspension specified by the commissioner. The requirements
of sections 148.6423 and 148.6425 for renewing licensure and any
other conditions imposed with the suspension must be met before
licensure may be reinstated.
Sec. 23. [148.6450] [OCCUPATIONAL THERAPY PRACTITIONERS
ADVISORY COUNCIL.]
Subdivision 1. [MEMBERSHIP.] The commissioner shall
appoint seven persons to an occupational therapy practitioners
advisory council consisting of the following:
(1) two public members, as defined in section 214.02. The
public members shall be either persons who have received
occupational therapy services or family members of or caregivers
to such persons;
(2) two members who are occupational therapists and two
occupational therapy assistants licensed under sections 148.6401
to 148.6450, each of whom is employed in a different practice
area including, but not limited to, long-term care, school
therapy, early intervention, administration, gerontology,
industrial rehabilitation, cardiac rehabilitation, physical
disability, pediatrics, mental health, home health, and hand
therapy. Three of the four occupational therapy practitioners
who serve on the advisory council must be currently, and for the
three years preceding the appointment, engaged in the practice
of occupational therapy or employed as an administrator or an
instructor of an occupational therapy program. At least one of
the four occupational therapy practitioners who serves on the
advisory council must be employed in a rural area; and
(3) one member who is a licensed or registered health care
practitioner, or other credentialed practitioner, who works
collaboratively with occupational therapy practitioners.
Subd. 2. [DUTIES.] At the commissioner's request, the
advisory council shall:
(1) advise the commissioner regarding the occupational
therapy practitioner licensure standards;
(2) advise the commissioner on enforcement of sections
148.6401 to 148.6450;
(3) provide for distribution of information regarding
occupational therapy practitioners licensure standards;
(4) review applications and make recommendations to the
commissioner on granting or denying licensure or licensure
renewal;
(5) review reports of investigations relating to
individuals and make recommendations to the commissioner as to
whether licensure should be denied or disciplinary action taken
against the person; and
(6) perform other duties authorized for advisory councils
by chapter 214, as directed by the commissioner.
Sec. 24. [REPEALER.]
Minnesota Rules, parts 4666.0010; 4666.0020; 4666.0030;
4666.0040; 4666.0050; 4666.0060; 4666.0070; 4666.0080;
4666.0090; 4666.0100; 4666.0200; 4666.0300; 4666.0400;
4666.0500; 4666.0600; 4666.0700; 4666.0800; 4666.0900;
4666.1000; 4666.1100; 4666.1200; 4666.1300; and 4666.1400, are
repealed.
Sec. 25. [EFFECTIVE DATE.]
Sections 1 to 24 are effective the day following final
enactment.
Presented to the governor April 7, 2000
Signed by the governor April 11, 2000, 10:37 a.m.
Official Publication of the State of Minnesota
Revisor of Statutes