Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Session Laws - 2004, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 279-H.F.No. 2175
An act relating to health; modifying requirements for
various public health occupations; prescribing
authority of speech-language pathology assistants;
providing for renewal of certain licenses by members
of the military; modifying requirements for physician
assistants, acupuncture practitioners, nurses,
licensed professional counselors, alcohol and drug
counselors, dentists, dental hygienists, dental
assistants, and podiatrists; modifying provisions for
designating essential community providers; modifying
certain immunization provisions; providing for
performance reviews of certain executive directors;
requiring a study; extending the Minnesota Emergency
Health Powers Act; appropriating money; amending
Minnesota Statutes 2002, sections 144E.01, subdivision
5; 147.01, subdivision 5; 147A.02; 147A.20; 147B.01,
by adding a subdivision; 147B.06, subdivision 4;
148.191, subdivision 1; 148.211, subdivision 1;
148.284; 148.512, subdivisions 9, 19, by adding a
subdivision; 148.6402, by adding a subdivision;
148.6403, subdivision 5; 148.6405; 148.6428; 148.6443,
subdivisions 1, 5; 148B.19, subdivision 4; 150A.06, as
amended; 150A.08, subdivision 1; 150A.09, subdivision
4; 153.01, subdivision 2; 153.16, subdivisions 1, 2;
153.19, subdivision 1; 153.24, subdivision 4; 153.25,
subdivision 1; 192.502; 214.04, by adding a
subdivision; Minnesota Statutes 2003 Supplement,
sections 62Q.19, subdivision 2; 121A.15, subdivisions
3a, 12; 147A.09, subdivision 2; 148.212, subdivision
1; 148.511; 148.512, subdivisions 12, 13; 148.513,
subdivisions 1, 2; 148.5161, subdivisions 1, 4, 6;
148.5175; 148.518; 148.5193, subdivisions 1, 6a;
148.5195, subdivision 3; 148.5196, subdivision 3;
148B.51; 148B.52; 148B.53, subdivisions 1, 3; 148B.54;
148B.55; 148B.59; 148C.04, subdivision 6; 148C.075,
subdivision 2, by adding a subdivision; 148C.11,
subdivisions 1, 6; 148C.12, subdivisions 2, 3; Laws
2002, chapter 402, section 21; Laws 2003, chapter 118,
sections 28, 29; proposing coding for new law in
Minnesota Statutes, chapters 148; 148B; 197; repealing
Minnesota Statutes 2002, section 147B.02, subdivision
5; Minnesota Rules, parts 6900.0020, subparts 3, 3a,
9, 10; 6900.0400.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
SPEECH-LANGUAGE PATHOLOGY, AUDIOLOGY,
AND OCCUPATIONAL THERAPY
Section 1. Minnesota Statutes 2003 Supplement, section
148.511, is amended to read:
148.511 [SCOPE.]
Sections 148.511 to 148.5196 apply to persons who are
applicants for licensure, who use protected titles, who
represent that they are licensed, or who engage in the practice
of speech-language pathology or audiology. Sections 148.511 to
148.5196 do not apply to school personnel licensed by the Board
of Teaching and practicing within the scope of their school
license under Minnesota Rules, part 8710.6000, or the
paraprofessionals who assist these individuals.
Sec. 2. Minnesota Statutes 2002, section 148.512,
subdivision 9, is amended to read:
Subd. 9. [CONTINUING EDUCATION.] "Continuing education" is
a planned learning experience in speech-language pathology or
audiology not including the basic educational program leading to
a degree if the education is used by the registrant licensee for
credit to achieve a baccalaureate or master's degree in
speech-language pathology or audiology.
Sec. 3. Minnesota Statutes 2003 Supplement, section
148.512, subdivision 12, is amended to read:
Subd. 12. [PRACTICE OF AUDIOLOGY.] The "practice of
audiology" means:
(1) identification, assessment, and interpretation,
diagnosis, rehabilitation, and prevention of hearing disorders;
(2) conservation of the auditory system function;
development and implementation of hearing conservation programs;
(3) measurement, assessment, and interpretation of auditory
and vestibular function;
(4) selecting, fitting, and dispensing of assistive
listening devices, alerting and amplification devices, and
systems for personal and public use, including hearing aids and
devices, and providing training in their use;
(5) aural habilitation and rehabilitation and related
counseling for hearing impaired individuals and their families;
(6) screening of speech, language, voice, or fluency for
the purposes of audiologic evaluation or identification of
possible communication disorders; or
(7) teaching of, consultation or research about, or
supervision of the functions in clauses (1) to (6).
The practice of audiology does not include the practice of
medicine and surgery, or osteopathic medicine and surgery, or
medical diagnosis that is commonly performed by a physician.
Sec. 4. Minnesota Statutes 2003 Supplement, section
148.512, subdivision 13, is amended to read:
Subd. 13. [PRACTICE OF SPEECH-LANGUAGE PATHOLOGY.] The
"practice of speech-language pathology" means:
(1) identification, assessment, and interpretation,
diagnosis, habilitation, rehabilitation, treatment and
prevention of disorders of speech, articulation, fluency, voice,
and language;
(2) identification, assessment, and interpretation,
diagnosis, habilitation, and rehabilitation of disorders of
oral-pharyngeal function and related disorders;
(3) identification, assessment, and interpretation,
diagnosis, habilitation, and rehabilitation of communication
disorders associated with cognition;
(4) assessing, selecting, and developing augmentative and
alternative communication systems and providing training in
their use;
(5) aural habilitation and rehabilitation and related
counseling for hearing impaired individuals and their families;
(6) enhancing speech-language proficiency and communication
effectiveness;
(7) audiometric screening for the purposes of
speech-language evaluation or for the identification of possible
hearing disorders; or
(8) teaching of, consultation or research about, or
supervision of the functions in clauses (1) to (7).
The practice of speech-language pathology does not include
the practice of medicine and surgery, or osteopathic medicine
and surgery, or medical diagnosis that is commonly performed by
a physician.
Sec. 5. Minnesota Statutes 2002, section 148.512, is
amended by adding a subdivision to read:
Subd. 17a. [SPEECH-LANGUAGE PATHOLOGY
ASSISTANT.] "Speech-language pathology assistant" means a person
who provides speech-language pathology services under the
supervision of a licensed speech-language pathologist in
accordance with section 148.5192.
Sec. 6. Minnesota Statutes 2002, section 148.512,
subdivision 19, is amended to read:
Subd. 19. [SUPERVISION.] "Supervision" means the direct or
indirect evaluation or direction of:
(1) a practitioner of speech-language pathology or
audiology;
(2) a person performing a function of supervised clinical
training as a student of speech-language pathology or audiology;
or
(3) a person performing a function of supervised
postgraduate clinical experience in speech-language pathology or
audiology; or
(4) a speech-language pathology assistant in accordance
with section 148.5192.
Sec. 7. Minnesota Statutes 2003 Supplement, section
148.513, subdivision 1, is amended to read:
Subdivision 1. [UNLICENSED PRACTICE PROHIBITED.] A person
must not engage in the practice of speech-language pathology or
audiology unless the person is licensed as a speech-language
pathologist or an audiologist under sections 148.511 to 148.5196
or is practicing as a speech-language pathology assistant in
accordance with section 148.5192. For purposes of this
subdivision, a speech-language pathology assistant's duties are
limited to the duties described in accordance with section
148.5192, subdivision 2.
Sec. 8. Minnesota Statutes 2003 Supplement, section
148.513, subdivision 2, is amended to read:
Subd. 2. [PROTECTED TITLES AND RESTRICTIONS ON USE.] (a)
Notwithstanding paragraph (b), the use of the following terms or
initials which represent the following terms, alone or in
combination with any word or words, by any person to form an
occupational title is prohibited unless that person is licensed
under sections 148.511 to 148.5196:
(1) speech-language;
(2) speech-language pathologist, S, SP, or SLP;
(3) speech pathologist;
(4) language pathologist;
(5) audiologist, A, or AUD;
(6) speech therapist;
(7) speech clinician;
(8) speech correctionist;
(9) language therapist;
(10) voice therapist;
(11) voice pathologist;
(12) logopedist;
(13) communicologist;
(14) aphasiologist;
(15) phoniatrist;
(16) audiometrist;
(17) audioprosthologist;
(18) hearing therapist;
(19) hearing clinician; or
(20) hearing aid audiologist.
Use of the term "Minnesota licensed" in conjunction with
the titles protected under this section paragraph by any person
is prohibited unless that person is licensed under sections
148.511 to 148.5196.
(b) A speech-language pathology assistant practicing under
section 148.5192 must not represent, indicate, or imply to the
public that the assistant is a licensed speech-language
pathologist and shall only utilize one of the following titles:
"speech-language pathology assistant," "SLP assistant," or "SLP
asst."
Sec. 9. Minnesota Statutes 2003 Supplement, section
148.5161, subdivision 1, is amended to read:
Subdivision 1. [APPLICATION.] Clinical fellowship and
doctoral externship candidates must be licensed with a clinical
fellowship or doctoral externship license. The commissioner
shall issue clinical fellowship licensure or doctoral externship
licensure as a speech-language pathologist or audiologist to an
applicant who has applied for licensure under section 148.515,
who is not the subject of a disciplinary action or past
disciplinary action, and who has not violated a provision of
section 148.5195, subdivision 3.
Sec. 10. Minnesota Statutes 2003 Supplement, section
148.5161, subdivision 4, is amended to read:
Subd. 4. [DOCTORAL EXTERNSHIP LICENSURE.] Doctoral
candidates in audiology completing their final externship as
part of their training program are eligible to receive a
provisional doctoral externship license in audiology and are not
required to complete the postgraduate clinical fellowship year.
Sec. 11. Minnesota Statutes 2003 Supplement, section
148.5161, subdivision 6, is amended to read:
Subd. 6. [TITLE USED.] A licensee with a clinical
fellowship or doctoral externship shall be identified by one of
the protected titles and a designation indicating clinical
fellowship status or doctoral externship status.
Sec. 12. Minnesota Statutes 2003 Supplement, section
148.5175, is amended to read:
148.5175 [TEMPORARY LICENSURE.]
(a) The commissioner shall issue temporary licensure as a
speech-language pathologist, an audiologist, or both, to an
applicant who has applied for licensure under section 148.515,
148.516, 148.517, or 148.518, subdivisions 1 and 2, and who:
(1) submits a signed and dated affidavit stating that the
applicant is not the subject of a disciplinary action or past
disciplinary action in this or another jurisdiction and is not
disqualified on the basis of section 148.5195, subdivision 3;
and
(2) either:
(i) provides a copy of a current credential as a
speech-language pathologist, an audiologist, or both, held in
the District of Columbia or a state or territory of the United
States; or
(ii) provides a copy of a current certificate of clinical
competence issued by the American Speech-Language-Hearing
Association or board certification in audiology by the American
Board of Audiology.
(b) A temporary license issued to a person under this
subdivision expires 90 days after it is issued or on the date
the commissioner grants or denies licensure, whichever occurs
first.
(c) Upon application, a temporary license shall be renewed
once to a person who is able to demonstrate good cause for
failure to meet the requirements for licensure within the
initial temporary licensure period and who is not the subject of
a disciplinary action or disqualified on the basis of section
148.5195, subdivision 3.
Sec. 13. Minnesota Statutes 2003 Supplement, section
148.518, is amended to read:
148.518 [LICENSURE FOLLOWING LAPSE OF LICENSURE STATUS.]
For an applicant whose licensure status has lapsed, the
applicant must:
(1) apply for licensure renewal according to section
148.5191 and document compliance with the continuing education
requirements of section 148.5193 since the applicant's license
lapsed;
(2) fulfill the requirements of section 148.517; or
(3) apply for renewal according to section 148.5191,
provide evidence to the commissioner that the applicant holds a
current and unrestricted credential for the practice of
speech-language pathology from the Minnesota Board of Teaching
or for the practice of speech-language pathology or audiology in
another jurisdiction that has requirements equivalent to or
higher than those in effect for Minnesota, and provide evidence
of compliance with Minnesota Board of Teaching or that
jurisdiction's continuing education requirements; or
(4) apply for renewal according to section 148.5191 and
submit verified documentation of successful completion of 160
hours of supervised practice approved by the commissioner. To
participate in a supervised practice, the applicant shall first
apply and obtain temporary licensing according to section
148.5161.
Sec. 14. [148.5192] [SPEECH-LANGUAGE PATHOLOGY
ASSISTANTS.]
Subdivision 1. [DELEGATION REQUIREMENTS.] A licensed
speech-language pathologist may delegate duties to a
speech-language pathology assistant in accordance with this
section. Duties may only be delegated to an individual who has
documented with a transcript from an educational institution
satisfactory completion of either:
(1) an associate degree from a speech-language pathology
assistant program that is accredited by the Higher Learning
Commission of the North Central Association of Colleges or its
equivalent as approved by the commissioner; or
(2) a bachelor's degree in the discipline of communication
sciences or disorders with additional transcript credit in the
area of instruction in assistant-level service delivery
practices and completion of at least 100 hours of supervised
field work experience as a speech-language pathology assistant
student.
Subd. 2. [DELEGATED DUTIES; PROHIBITIONS.] (a) A
speech-language pathology assistant may perform only those
duties delegated by a licensed speech-language pathologist and
must be limited to duties within the training and experience of
the speech-language pathology assistant.
(b) Duties may include the following as delegated by the
supervising speech-language pathologist:
(1) assist with speech language and hearing screenings;
(2) implement documented treatment plans or protocols
developed by the supervising speech-language pathologist;
(3) document client performance;
(4) assist with assessments of clients;
(5) assist with preparing materials and scheduling
activities as directed;
(6) perform checks and maintenance of equipment;
(7) support the supervising speech-language pathologist in
research projects, in-service training, and public relations
programs; and
(8) collect data for quality improvement.
(c) A speech-language pathology assistant may not:
(1) perform standardized or nonstandardized diagnostic
tests, perform formal or informal evaluations, or interpret test
results;
(2) screen or diagnose clients for feeding or swallowing
disorders, including using a checklist or tabulating results of
feeding or swallowing evaluations, or demonstrate swallowing
strategies or precautions to clients or the clients' families;
(3) participate in parent conferences, case conferences, or
any interdisciplinary team without the presence of the
supervising speech-language pathologist or other licensed
speech-language pathologist as authorized by the supervising
speech-language pathologist;
(4) provide client or family counseling or consult with the
client or the family regarding the client status or service;
(5) write, develop, or modify a client's individualized
treatment plan or individualized education program;
(6) select clients for service;
(7) discharge clients from service;
(8) disclose clinical or confidential information either
orally or in writing to anyone other than the supervising
speech-language pathologist; or
(9) make referrals for additional services.
(d) A speech-language pathology assistant must not sign any
formal documents, including treatment plans, education plans,
reimbursement forms, or reports. The speech-language pathology
assistant must sign or initial all treatment notes written by
the assistant.
Subd. 3. [SUPERVISION REQUIREMENTS.] (a) A supervising
speech-language pathologist shall authorize and accept full
responsibility for the performance, practice, and activity of a
speech-language pathology assistant.
(b) A supervising speech-language pathologist must:
(1) be licensed under sections 148.511 to 148.5196;
(2) hold a certificate of clinical competence from the
American Speech-Language-Hearing Association or its equivalent
as approved by the commissioner; and
(3) have completed at least one continuing education unit
in supervision.
(c) The supervision of a speech-language pathology
assistant shall be maintained on the following schedule:
(1) for the first 90 work days, within a 40-hour work week,
30 percent of the work performed by the speech-language
pathology assistant must be supervised and at least 20 percent
of the work performed must be under direct supervision; and
(2) for the work period after the initial 90-day period,
within a 40-hour work week, 20 percent of the work performed
must be supervised and at least ten percent of the work
performed must be under direct supervision.
(d) For purposes of this section, "direct supervision"
means on-site, in-view observation and guidance by the
supervising speech-language pathologist during the performance
of a delegated duty. The supervision requirements described in
this section are minimum requirements. Additional supervision
requirements may be imposed at the discretion of the supervising
speech-language pathologist.
(e) A supervising speech-language pathologist must be
available to communicate with a speech-language pathology
assistant at any time the assistant is in direct contact with a
client.
(f) A supervising speech-language pathologist must document
activities performed by the assistant that are directly
supervised by the supervising speech-language pathologist. At a
minimum, the documentation must include:
(1) information regarding the quality of the
speech-language pathology assistant's performance of the
delegated duties; and
(2) verification that any delegated clinical activity was
limited to duties authorized to be performed by the
speech-language pathology assistant under this section.
(g) A supervising speech-language pathologist must review
and cosign all informal treatment notes signed or initialed by
the speech-language pathology assistant.
(h) A full-time, speech-language pathologist may supervise
no more than one full-time, speech-language pathology assistant
or the equivalent of one full-time assistant.
Subd. 4. [NOTIFICATION.] Any agency or clinic that intends
to utilize the services of a speech-language pathology assistant
must provide written notification to the client or, if the
client is younger than 18 years old, to the client's parent or
guardian before a speech-language pathology assistant may
perform any of the duties described in this section.
Sec. 15. Minnesota Statutes 2003 Supplement, section
148.5193, subdivision 1, is amended to read:
Subdivision 1. [NUMBER OF CONTACT HOURS REQUIRED.] (a) An
applicant for licensure renewal must meet the requirements for
continuing education stipulated by the American
Speech-Language-Hearing Association or the American Board of
Audiology, or satisfy the requirements described in paragraphs
(b) to (e).
(b) Within one month following expiration of a license, an
applicant for licensure renewal as either a speech-language
pathologist or an audiologist must provide evidence to the
commissioner of a minimum of 30 contact hours of continuing
education offered by a continuing education sponsor obtained
within the two years immediately preceding licensure renewal
expiration. A minimum of 20 contact hours of continuing
education must be directly related to the licensee's area of
licensure. Ten contact hours of continuing education may be in
areas generally related to the licensee's area of licensure.
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.
(c) An applicant for licensure renewal as both a
speech-language pathologist and an audiologist must attest to
and document completion of a minimum of 36 contact hours of
continuing education offered by a continuing education sponsor
within the two years immediately preceding licensure renewal. A
minimum of 15 contact hours must be received in the area of
speech-language pathology and a minimum of 15 contact hours must
be received in the area of audiology. Six contact hours of
continuing education may be in areas generally related to the
licensee's areas of licensure. 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.
(d) If the licensee is licensed by the Board of Teaching:
(1) activities that are approved in the categories of
Minnesota Rules, part 8700.1000, subpart 3, items A and B, and
that relate to speech-language pathology, shall be considered:
(i) offered by a sponsor of continuing education; and
(ii) directly related to speech-language pathology;
(2) activities that are approved in the categories of
Minnesota Rules, part 8700.1000, subpart 3, shall be considered:
(i) offered by a sponsor of continuing education; and
(ii) generally related to speech-language pathology; and
(3) one clock hour as defined in Minnesota Rules, part
8700.1000, subpart 1, is equivalent to 1.0 contact hours of
continuing education.
(e) Contact hours cannot may not be accumulated in advance
and transferred to a future continuing education period.
Sec. 16. Minnesota Statutes 2003 Supplement, section
148.5193, subdivision 6a, is amended to read:
Subd. 6a. [VERIFICATION OF ATTENDANCE.] An applicant for
licensure renewal must submit verification of attendance as
follows:
(1) a certificate of attendance from the sponsor with the
continuing education course name, course date, and licensee's
name. If a certificate of attendance is not available, the
commissioner may accept other evidence of attendance such as a
confirmation or statement of registration for regional or
national annual conferences or conventions of professional
associations, a copy of the continuing education courses
indicating those attended, and an affidavit of attendance;
(2) a copy of a record of attendance from the sponsor of
the continuing education course;
(3) a signature of the presenter or a designee at the
continuing education activity on the continuing education report
form;
(4) a summary or outline of the educational content of an
audio or video educational activity if a designee is not
available to sign the continuing education report form;
(5) for self-study programs, a certificate of completion or
other documentation indicating that the individual has
demonstrated knowledge and has successfully completed the
program; or
(6) for attendance at a university, college, or vocational
course, an official transcript.
Sec. 17. Minnesota Statutes 2003 Supplement, section
148.5195, subdivision 3, is amended to read:
Subd. 3. [GROUNDS FOR DISCIPLINARY ACTION BY
COMMISSIONER.] The commissioner may take any of the disciplinary
actions listed in subdivision 4 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, via certified mail, by the
commissioner or advisory council;
(3) performed services of a speech-language pathologist or
audiologist in an incompetent or negligent manner;
(4) violated sections 148.511 to 148.5196;
(5) failed to perform services with reasonable judgment,
skill, or safety due to the use of alcohol or drugs, or other
physical or mental impairment;
(6) violated any state or federal law, rule, or regulation,
and the violation is a felony or misdemeanor, an essential
element of which is dishonesty, or which relates directly or
indirectly to the practice of speech-language pathology or
audiology. Conviction for violating any state or federal law
which relates to speech-language pathology or audiology is
necessarily considered to constitute a violation, except as
provided in chapter 364;
(7) aided or abetted another person in violating any
provision of sections 148.511 to 148.5196;
(8) been or is being disciplined by another jurisdiction,
if any of the grounds for the discipline is the same or
substantially equivalent to those under sections 148.511 to
148.5196;
(9) not cooperated with the commissioner or advisory
council in an investigation conducted according to subdivision
1;
(10) advertised in a manner that is false or misleading;
(11) engaged in conduct likely to deceive, defraud, or harm
the public; or demonstrated a willful or careless disregard for
the health, welfare, or safety of a client;
(12) failed to disclose to the consumer any fee splitting
or any promise to pay a portion of a fee to any other
professional other than a fee for services rendered by the other
professional to the client;
(13) 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;
(14) obtained money, property, or services from a consumer
through the use of undue influence, high pressure sales tactics,
harassment, duress, deception, or fraud;
(15) performed services for a client who had no possibility
of benefiting from the services;
(16) failed to refer a client for medical evaluation or to
other health care professionals when appropriate or when a
client indicated symptoms associated with diseases that could be
medically or surgically treated;
(17) if the individual is a dispenser of hearing
instruments as defined by section 153A.13, subdivision 5, had
the certification required by chapter 153A, denied, suspended,
or revoked according to chapter 153A; or
(18) used the term doctor of audiology, doctor of
speech-language pathology, AuD, or SLPD without having obtained
the degree from an institution accredited by the North Central
Association of Colleges and Secondary Schools, the Council on
Academic Accreditation in Audiology and Speech-Language
Pathology, the United States Department of Education, or an
equivalent; or
(19) failed to comply with the requirements of section
148.5192 regarding supervision of speech-language pathology
assistants.
Sec. 18. Minnesota Statutes 2003 Supplement, section
148.5196, subdivision 3, is amended to read:
Subd. 3. [DUTIES.] The advisory council shall:
(1) advise the commissioner regarding speech-language
pathologist and audiologist licensure standards;
(2) advise the commissioner regarding the delegation of
duties to and the training required for speech-language
pathology assistants;
(3) advise the commissioner on enforcement of sections
148.511 to 148.5196;
(3) (4) provide for distribution of information regarding
speech-language pathologist and audiologist licensure standards;
(4) (5) review applications and make recommendations to the
commissioner on granting or denying licensure or licensure
renewal;
(5) (6) 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 individual;
(6) (7) advise the commissioner regarding approval of
continuing education activities provided by sponsors using the
criteria in section 148.5193, subdivision 2; and
(7) (8) perform other duties authorized for advisory
councils under chapter 214, or as directed by the commissioner.
Sec. 19. Minnesota Statutes 2002, section 148.6402, is
amended by adding a subdivision to read:
Subd. 22a. [LIMITED LICENSE.] "Limited license" means a
license issued according to section 148.6425, subdivision 3,
paragraph (c), to persons who have allowed their license to
lapse for four years or more and who choose a supervised
practice as the method for renewing their license status.
Sec. 20. Minnesota Statutes 2002, section 148.6403,
subdivision 5, is amended to read:
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 visiting and then leaving the state and
performing occupational therapy services while in the state, if
the services are performed no more than 30 days in a calendar
year as part of a professional activity that is limited in scope
and duration and is 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.
Sec. 21. Minnesota Statutes 2002, section 148.6405, is
amended to read:
148.6405 [LICENSURE APPLICATION REQUIREMENTS;: PROCEDURES
AND QUALIFICATIONS.]
(a) An applicant for licensure must comply with the general
licensure procedures application requirements 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. 22. Minnesota Statutes 2002, section 148.6428, is
amended to read:
148.6428 [CHANGE OF ADDRESS OR EMPLOYMENT.]
A licensee who changes addresses or employment must inform
the commissioner, in writing, of the change of address,
employment, business address, or business telephone number
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. 23. Minnesota Statutes 2002, section 148.6443,
subdivision 1, is amended to read:
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 after the first contact hour of 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.
Sec. 24. Minnesota Statutes 2002, section 148.6443,
subdivision 5, is amended to read:
Subd. 5. [REPORTING CONTINUING EDUCATION CONTACT HOURS.]
At the time of Within one month following licensure renewal
expiration, 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.
Sec. 25. Minnesota Statutes 2002, section 192.502, is
amended to read:
192.502 [PROTECTIONS.]
Subdivision 1. [POSTSECONDARY STUDENTS.] (a) A member of
the Minnesota National Guard or any other military reserve
component who is a student at a postsecondary education
institution and who is called or ordered to state active service
in the Minnesota National Guard, as defined in section 190.05,
subdivision 5, or who is called or ordered to federal active
military service has the following rights:
(1) with regard to courses in which the person is enrolled,
the person may:
(i) withdraw from one or more courses for which tuition and
fees have been paid that are attributable to the courses. The
tuition and fees must be credited to the person's account at the
postsecondary institution. Any refunds are subject to the
requirements of the state or federal financial aid programs of
origination. In such a case, the student must not receive
credit for the courses and must not receive a failing grade, an
incomplete, or other negative annotation on the student's
record, and the student's grade point average must not be
altered or affected in any manner because of action under this
item;
(ii) be given a grade of incomplete and be allowed to
complete the course upon release from active duty under the
postsecondary institution's standard practice for completion of
incompletes; or
(iii) continue and complete the course for full credit.
Class sessions the student misses due to performance of state or
federal active military service must be counted as excused
absences and must not be used in any way to adversely impact the
student's grade or standing in the class. Any student who
selects this option is not, however, automatically excused from
completing assignments due during the period the student is
performing state or federal active military service. A letter
grade or a grade of pass must only be awarded if, in the opinion
of the faculty member teaching the course, the student has
completed sufficient work and has demonstrated sufficient
progress toward meeting course requirements to justify the
grade;
(2) to receive a refund of amounts paid for room, board,
and fees attributable to the time period during which the
student was serving in state or federal active military service
and did not use the facilities or services for which the amounts
were paid. Any refund of room, board, and fees is subject to
the requirements of the state or federal financial aid programs
of origination; and
(3) if the student chooses to withdraw, the student has the
right to be readmitted and reenrolled as a student at the
postsecondary education institution, without penalty or
redetermination of admission eligibility, within one year
following release from the state or federal active military
service.
(b) The protections in this section may be invoked as
follows:
(1) the person, or an appropriate officer from the military
organization in which the person will be serving, must give
advance verbal or written notice that the person is being called
or ordered to qualifying service;
(2) advance notice is not required if the giving of notice
is precluded by military necessity or, under all the relevant
circumstances, the giving of notice is impossible or
unreasonable; and
(3) upon written request from the postsecondary
institution, the person must provide written verification of
service.
(c) This section provides minimum protections for students.
Nothing in this section prevents postsecondary institutions from
providing additional options or protections to students who are
called or ordered to state or federal active military service.
Subd. 2. [RENEWAL OF PROFESSIONAL LICENSES OR
CERTIFICATIONS.] The renewal of a license or certificate of
registration for a member of the Minnesota National Guard or
other military reserves who has been ordered to active military
service and who is required by law to be licensed or registered
in order to carry on or practice a health or other trade,
employment, occupation, or profession in the state is governed
under sections 326.55 and 326.56.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 26. [197.65] [RENEWAL OF PROFESSIONAL LICENSES OR
CERTIFICATIONS.]
The renewal of a license or certificate of registration for
a person who is serving in or has recently been discharged from
active military service and who is required by law to be
licensed or registered in order to carry on or practice a health
or other trade, employment, occupation, or profession in the
state is governed under sections 326.55 and 326.56.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
ARTICLE 2
PHYSICIAN ASSISTANTS
Section 1. Minnesota Statutes 2002, section 147A.02, is
amended to read:
147A.02 [QUALIFICATIONS FOR REGISTRATION.]
Except as otherwise provided in this chapter, an individual
shall be registered by the board before the individual may
practice as a physician assistant.
The board may grant registration as a physician assistant
to an applicant who:
(1) submits an application on forms approved by the board;
(2) pays the appropriate fee as determined by the board;
(3) has current certification from the National Commission
on Certification of Physician Assistants, or its successor
agency as approved by the board;
(4) certifies that the applicant is mentally and physically
able to engage safely in practice as a physician assistant;
(5) has no licensure, certification, or registration as a
physician assistant under current discipline, revocation,
suspension, or probation for cause resulting from the
applicant's practice as a physician assistant, unless the board
considers the condition and agrees to licensure;
(6) has a physician-physician assistant agreement, and
internal protocol and prescribing delegation form, if the
physician assistant has been delegated prescribing authority, as
described in section 147A.18 in place at the address of record;
(7) submits to the board a practice setting description and
any other information the board deems necessary to evaluate the
applicant's qualifications; and
(8) (7) has been approved by the board.
All persons registered as physician assistants as of June
30, 1995, are eligible for continuing registration renewal. All
persons applying for registration after that date shall be
registered according to this chapter.
Sec. 2. Minnesota Statutes 2003 Supplement, section
147A.09, subdivision 2, is amended to read:
Subd. 2. [DELEGATION.] Patient services may include, but
are not limited to, the following, as delegated by the
supervising physician and authorized in the agreement:
(1) taking patient histories and developing medical status
reports;
(2) performing physical examinations;
(3) interpreting and evaluating patient data;
(4) ordering or performing diagnostic procedures, including
radiography;
(5) ordering or performing therapeutic procedures;
(6) providing instructions regarding patient care, disease
prevention, and health promotion;
(7) assisting the supervising physician in patient care in
the home and in health care facilities;
(8) creating and maintaining appropriate patient records;
(9) transmitting or executing specific orders at the
direction of the supervising physician;
(10) prescribing, administering, and dispensing legend
drugs and medical devices if this function has been delegated by
the supervising physician pursuant to and subject to the
limitations of section 147.34 147A.18 and chapter 151.
Physician assistants who have been delegated the authority to
prescribe controlled substances shall maintain a separate
addendum to the delegation form which lists all schedules and
categories of controlled substances which the physician
assistant has the authority to prescribe. This addendum shall
be maintained with the physician-physician assistant agreement,
and the delegation form at the address of record;
(11) for physician assistants not delegated prescribing
authority, administering legend drugs and medical devices
following prospective review for each patient by and upon
direction of the supervising physician;
(12) functioning as an emergency medical technician with
permission of the ambulance service and in compliance with
section 144E.127, and ambulance service rules adopted by the
commissioner of health;
(13) initiating evaluation and treatment procedures
essential to providing an appropriate response to emergency
situations; and
(14) certifying a physical disability under section
169.345, subdivision 2a.
Orders of physician assistants shall be considered the
orders of their supervising physicians in all practice-related
activities, including, but not limited to, the ordering of
diagnostic, therapeutic, and other medical services.
Sec. 3. Minnesota Statutes 2002, section 147A.20, is
amended to read:
147A.20 [PHYSICIAN AND PHYSICIAN ASSISTANT AGREEMENT.]
(a) A physician assistant and supervising physician must
sign an agreement which specifies scope of practice and amount
and manner of supervision as required by the board. The
agreement must contain:
(1) a description of the practice setting;
(2) a statement of practice type/specialty;
(3) a listing of categories of delegated duties;
(4) a description of supervision type, amount, and
frequency; and
(5) a description of the process and schedule for review of
prescribing, dispensing, and administering legend and controlled
drugs and medical devices by the physician assistant authorized
to prescribe.
(b) The agreement must be maintained by the supervising
physician and physician assistant and made available to the
board upon request. If there is a delegation of prescribing,
administering, and dispensing of legend drugs, controlled
substances, and medical devices, the agreement shall include an
internal protocol and delegation form. Physician assistants
shall have a separate agreement for each place of employment.
Agreements must be reviewed and updated on an annual basis. The
supervising physician and physician assistant must maintain the
agreement, delegation form, and internal protocol at the address
of record. Copies shall be provided to the board upon request.
(c) Physician assistants must provide written notification
to the board within 30 days of the following:
(1) name change;
(2) address of record change;
(3) telephone number of record change; and
(4) addition or deletion of alternate supervising physician
provided that the information submitted includes, for an
additional alternate physician, an affidavit of consent to act
as an alternate supervising physician signed by the alternate
supervising physician.
(d) Modifications requiring submission prior to the
effective date are changes to the practice setting description
which include:
(1) supervising physician change, excluding alternate
supervising physicians; or
(2) delegation of prescribing, administering, or dispensing
of legend drugs, controlled substances, or medical devices.
(e) The agreement must be completed and the practice
setting description submitted to the board before providing
medical care as a physician assistant.
Sec. 4. [EXCEPTION TO REGISTRATION REQUIREMENTS.]
Notwithstanding the requirements of Minnesota Statutes,
section 147A.02, the Board of Medical Practice shall register an
individual as a physician assistant if the individual:
(1) is ineligible for the certification examination by the
National Commission on the Certification of Physician Assistants
because the individual's education took place in a nonaccredited
institution, or the individual was informally trained on the
job;
(2) trained and served in the United States military as a
medic or hospital corpsman on active duty and has continuously
practiced as a physician or surgeon's assistant in Minnesota
since 1976, including a practice which combined in-office
surgical practice with the individual's supervised autonomous
schedule and with assisting in a hospital operating room on
cases warranting a first assistant;
(3) meets the requirements for registration described under
Minnesota Statutes, section 147A.02, clauses (1), (2), (4), (5),
(6), and (7);
(4) submits satisfactory recommendations from a supervising
physician; and
(5) achieves a satisfactory result on any criminal
background or health check required by the board.
The board must accept applications under this section only until
January 1, 2005.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 5. [PROVISIONAL REGISTRATION.]
An individual registered under section 4 is deemed to hold
a provisional registration for two years from the date of
registration. If there have been no substantiated complaints
against an individual during the provisional period, the board
shall extend full registration to the individual upon completion
of the provisional period.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
ARTICLE 3
ACUPUNCTURISTS
Section 1. Minnesota Statutes 2002, section 147B.01, is
amended by adding a subdivision to read:
Subd. 16a. [NCCAOM CERTIFICATION.] "NCCAOM certification"
means a certification granted by the NCCAOM to a person who has
met the standards of competence established for either NCCAOM
certification in acupuncture or NCCAOM certification in Oriental
medicine.
Sec. 2. Minnesota Statutes 2002, section 147B.06,
subdivision 4, is amended to read:
Subd. 4. [SCOPE OF PRACTICE.] The scope of practice of
acupuncture includes, but is not limited to, the following:
(1) using Oriental medical theory to assess and diagnose a
patient;
(2) using Oriental medical theory to develop a plan to
treat a patient. The treatment techniques that may be chosen
include:
(i) insertion of sterile acupuncture needles through the
skin;
(ii) acupuncture stimulation including, but not limited to,
electrical stimulation or the application of heat;
(iii) cupping;
(iv) dermal friction;
(v) acupressure;
(vi) herbal therapies;
(vii) dietary counseling based on traditional Chinese
medical principles;
(viii) breathing techniques; or
(ix) exercise according to Oriental medical principles; or
(x) Oriental massage.
Sec. 3. [REPEALER.]
Minnesota Statutes 2002, section 147B.02, subdivision 5, is
repealed.
ARTICLE 4
BOARD OF NURSING
Section 1. Minnesota Statutes 2002, section 148.211,
subdivision 1, is amended to read:
Subdivision 1. [LICENSURE BY EXAMINATION.] (a) An
applicant for a license to practice as a registered nurse or
licensed practical nurse shall apply to the board for a license
by examination on forms prescribed by the board and pay a fee in
an amount determined by rule statute. An applicant applying for
reexamination shall pay a fee in an amount determined by
rule law. In no case may fees be refunded.
Before being scheduled for examination, the applicant shall
provide written evidence verified by oath that the applicant (1)
has not engaged in conduct warranting disciplinary action as set
forth in section 148.261; (2) meets secondary education
requirements as determined by the board and other preliminary
qualification requirements the board may prescribe by rule; and
(3) has completed a course of study in a nursing program
approved by the board, another United States nursing board, or a
Canadian province. An applicant who graduates from a nursing
program in another country, except Canada, must also
successfully complete the Commission on Graduates of Foreign
Nursing Schools Qualifying Examination. The nursing program
must be approved for the preparation of applicants for the type
of license for which the application has been submitted.
The applicant must pass a written examination in the
subjects the board may determine. Written examination includes
both paper and pencil examinations and examinations administered
with a computer and related technology. Each written
examination may be supplemented by an oral or practical
examination. (b) The applicant must satisfy the following
requirements for licensure by examination:
(1) present evidence the applicant has not engaged in
conduct warranting disciplinary action under section 148.261;
(2) present evidence of completion of a nursing education
program approved by the board, another United States nursing
board, or a Canadian province, which prepared the applicant for
the type of license for which the application has been
submitted; and
(3) pass a national nurse licensure written examination.
"Written examination" includes paper and pencil examinations and
examinations administered with a computer and related technology
and may include supplemental oral or practical examinations
approved by the board.
(c) An applicant who graduated from an approved nursing
education program in Canada and was licensed in Canada or
another United States jurisdiction, without passing the national
nurse licensure examination, must also submit a verification of
licensure from the original Canadian licensure authority and
from the United States jurisdiction.
(d) An applicant who graduated from a nursing program in a
country other than the United States or Canada must also satisfy
the following requirements:
(1) present verification of graduation from a nursing
education program which prepared the applicant for the type of
license for which the application has been submitted and is
determined to be equivalent to the education required in the
same type of nursing education programs in the United States as
evaluated by a credentials evaluation service acceptable to the
board. The credentials evaluation service must submit the
evaluation and verification directly to the board;
(2) demonstrate successful completion of coursework to
resolve identified nursing education deficiencies; and
(3) pass examinations acceptable to the board that test
written and spoken English, unless the applicant graduated from
a nursing education program conducted in English and located in
an English-speaking country. The results of the examinations
must be submitted directly to the board from the testing service.
(e) An applicant failing to pass the examination may apply
for reexamination.
Upon submission by the applicant of an affidavit of
graduation or transcript from an approved nursing program as
well as proof that the applicant has passed the examination,
paid the required fees, and (f) When the applicant has met all
other requirements stated in this subdivision, the board shall
issue a license to the applicant. The board may issue a license
with conditions and limitations if it considers it necessary to
protect the public.
Sec. 2. Minnesota Statutes 2003 Supplement, section
148.212, subdivision 1, is amended to read:
Subdivision 1. [ISSUANCE.] Upon receipt of the applicable
licensure or reregistration fee and permit fee, and in
accordance with rules of the board, the board may issue a
nonrenewable temporary permit to practice professional or
practical nursing to an applicant for licensure or
reregistration who is not the subject of a pending investigation
or disciplinary action, nor disqualified for any other reason,
under the following circumstances:
(a) The applicant for licensure by examination under
section 148.211, subdivision 1, has graduated from an approved
nursing program within the 60 days preceding board receipt of an
affidavit of graduation or transcript and has been authorized by
the board to write the licensure examination for the first time
in the United States. The permit holder must practice
professional or practical nursing under the direct supervision
of a registered nurse. The permit is valid from the date of
issue until the date the board takes action on the application
or for 60 days whichever occurs first.
(b) The applicant for licensure by endorsement under
section 148.211, subdivision 2, is currently licensed to
practice professional or practical nursing in another state,
territory, or Canadian province. The permit is valid from
submission of a proper request until the date of board action on
the application.
(c) The applicant for licensure by endorsement under
section 148.211, subdivision 2, or for reregistration under
section 148.231, subdivision 5, is currently registered in a
formal, structured refresher course or its equivalent for nurses
that includes clinical practice.
(d) The applicant for licensure by examination under
section 148.211, subdivision 1, has been issued a Commission on
Graduates of Foreign Nursing Schools certificate, who graduated
from a nursing program in a country other than the United States
or Canada has completed all requirements for licensure
except the registering for and taking the nurse licensure
examination, and has been authorized by the board to write the
licensure examination for the first time in the United States.
The permit holder must practice professional nursing under the
direct supervision of a registered nurse. The permit is valid
from the date of issue until the date the board takes action on
the application or for 60 days, whichever occurs first.
Sec. 3. Minnesota Statutes 2002, section 148.284, is
amended to read:
148.284 [CERTIFICATION OF ADVANCED PRACTICE REGISTERED
NURSES.]
(a) No person shall practice advanced practice registered
nursing or use any title, abbreviation, or other designation
tending to imply that the person is an advanced practice
registered nurse, clinical nurse specialist, nurse anesthetist,
nurse-midwife, or nurse practitioner unless the person is
certified for such advanced practice registered nursing by a
national nurse certification organization.
(b) Paragraph Paragraphs (a) does and (e) do not apply to
an advanced practice registered nurse who is within six months
after completion of an advanced practice registered nurse course
of study and is awaiting certification, provided that the person
has not previously failed the certification examination.
(c) An advanced practice registered nurse who has completed
a formal course of study as an advanced practice registered
nurse and has been certified by a national nurse certification
organization prior to January 1, 1999, may continue to practice
in the field of nursing in which the advanced practice
registered nurse is practicing as of July 1, 1999, regardless of
the type of certification held if the advanced practice
registered nurse is not eligible for the proper certification.
(d) Prior to July 1, 2007, a clinical nurse specialist may
petition the board for waiver from the certification requirement
in paragraph (a) if the clinical nurse specialist is
academically prepared as a clinical nurse specialist in a
specialty area for which there is no certification within the
clinical nurse specialist role and specialty or a related
specialty. The board may determine that an available
certification as a clinical nurse specialist in a related
specialty must be obtained in lieu of the specific specialty or
subspecialty. The petitioner must be academically prepared as a
clinical nurse specialist in a specific field of clinical nurse
specialist practice with a master's degree in nursing that
included clinical experience in the clinical specialty and must
have 1,000 hours of supervised clinical experience in the
clinical specialty for which the individual was academically
prepared with a minimum of 500 hours of supervised clinical
practice after graduation. The board may grant a nonrenewable
permit for no longer than 12 months for the supervised
postgraduate clinical experience. The board may renew the
waiver for three-year periods provided the clinical nurse
specialist continues to be ineligible for certification as a
clinical nurse specialist by an organization acceptable to the
board.
(e) An advanced practice registered nurse who practices
advanced practice registered nursing without current
certification or current waiver of certification as a clinical
nurse specialist, nurse midwife, nurse practitioner, or
registered nurse anesthetist, or practices with current
certification but fails to notify the board of current
certification, shall pay a penalty fee of $200 for the first
month or part of a month and an additional $100 for each
subsequent month or parts of months of practice. The amount of
the penalty fee shall be calculated from the first day the
advanced practice registered nurse practiced without current
advanced practice registered nurse certification or current
waiver of certification to the date of last practice or from the
first day the advanced practice registered nurse practiced
without the current status on file with the board until the day
the current certification is filed with the board.
Sec. 4. [APPROPRIATION.]
$24,000 is appropriated in fiscal year 2005 from the state
government special revenue fund to the Board of Nursing for the
purpose of administering this article. The base for this
appropriation in fiscal year 2006 and after is $4,000. These
amounts are added to appropriations in Laws 2003, First Special
Session chapter 14, article 13C, section 5.
ARTICLE 5
BOARD OF BEHAVIORAL HEALTH AND THERAPY
Section 1. Minnesota Statutes 2003 Supplement, section
148B.52, is amended to read:
148B.52 [DUTIES OF THE BOARD.]
(a) The Board of Behavioral Health and Therapy shall:
(1) establish by rule appropriate techniques, including
examinations and other methods, for determining whether
applicants and licensees are qualified under sections 148B.50 to
148B.593;
(2) establish by rule standards for professional conduct,
including adoption of a Code of Professional Ethics and
requirements for continuing education and supervision;
(3) issue licenses to individuals qualified under sections
148B.50 to 148B.593;
(4) establish by rule standards for initial education
including coursework for licensure and content of professional
education;
(5) establish by rule procedures, including a standard
disciplinary process, to assess whether individuals licensed as
licensed professional counselors comply with the board's rules;
(6) establish, maintain, and publish annually a register of
current licensees and approved supervisors;
(7) (6) establish initial and renewal application and
examination fees sufficient to cover operating expenses of the
board and its agents;
(8) (7) educate the public about the existence and content
of the laws and rules for licensed professional counselors to
enable consumers to file complaints against licensees who may
have violated the rules;
(9) establish rules and regulations pertaining to treatment
for impaired practitioners; and
(10) (8) periodically evaluate its rules in order to refine
the standards for licensing professional counselors and to
improve the methods used to enforce the board's standards.
(b) The board may appoint a professional discipline
committee for each occupational licensure regulated by the
board, and may appoint a board member as chair. The
professional discipline committee shall consist of five members
representative of the licensed occupation and shall provide
recommendations to the board with regard to rule techniques,
standards, procedures, and related issues specific to the
licensed occupation.
Sec. 2. Minnesota Statutes 2003 Supplement, section
148B.53, subdivision 1, is amended to read:
Subdivision 1. [GENERAL REQUIREMENTS.] (a) To be licensed
as a licensed professional counselor (LPC), an applicant must
provide evidence satisfactory to the board that the applicant:
(1) is at least 18 years of age;
(2) is of good moral character;
(3) has completed a master's degree program in counseling
that includes a minimum of 48 semester hours and a supervised
field experience of not fewer than 700 hours that is counseling
in nature;
(4) has submitted to the board a plan for supervision
during the first 2,000 hours of professional practice or has
submitted proof of supervised professional practice that is
acceptable to the board; and
(5) has demonstrated competence in professional counseling
by passing the National Counseling Exam (NCE) administered by
the National Board for Certified Counselors, Inc. (NBCC)
including obtaining a passing score on the examination accepted
by the board based on the determinations made by the NBCC and
oral and situational examinations if prescribed by the board;
(6) will conduct all professional activities as a licensed
professional counselor in accordance with standards for
professional conduct established by the rules of the board; and
(7) has declared to the board and agrees to continue to
declare areas of professional competencies through a statement
of professional disclosure, describing the intended use of the
license and the population to be served.
(b) The degree described in paragraph (a), clause (3), must
be from a counseling program recognized by the Council for
Accreditation of Counseling and Related Education Programs
(CACREP) or from an institution of higher education that is
accredited by a regional accrediting organization recognized by
the Council for Higher Education Accreditation (CHEA). Specific
academic course content and training must meet standards
established by the CACREP, including course work in the
following subject areas:
(1) the helping relationship, including counseling theory
and practice;
(2) human growth and development;
(3) lifestyle and career development;
(4) group dynamics, processes, counseling, and consulting;
(5) assessment and appraisal;
(6) social and cultural foundations, including
multicultural issues;
(7) principles of etiology, treatment planning, and
prevention of mental and emotional disorders and dysfunctional
behavior;
(8) family counseling and therapy;
(9) research and evaluation; and
(10) professional counseling orientation and ethics.
(c) To be licensed as a professional counselor, a
psychological practitioner licensed under section 148.908 need
only show evidence of licensure under that section and is not
required to comply with paragraph (a) or (b).
Sec. 3. Minnesota Statutes 2003 Supplement, section
148B.53, subdivision 3, is amended to read:
Subd. 3. [FEE.] Each applicant shall pay a nonrefundable
fee set by the board as follows:
(1) initial license application fee for licensed
professional counseling (LPC) - $250;
(2) annual active license renewal fee for LPC - $200 or
equivalent;
(3) annual inactive license renewal fee for LPC - $100;
(4) license renewal late fee - $100 per month or portion
thereof;
(5) copy of board order or stipulation - $10;
(6) certificate of good standing or license verification -
$10;
(7) duplicate certificate fee - $10;
(8) professional firm renewal fee - $25;
(9) initial registration fee - $50; and
(10) annual registration renewal fee - $25.
Sec. 4. Minnesota Statutes 2003 Supplement, section
148B.54, is amended to read:
148B.54 [LICENSE RENEWAL REQUIREMENTS.]
Subdivision 1. [RENEWAL.] Licensees shall renew licenses
at the time and in the manner established by the rules of the
board.
Subd. 2. [CONTINUING EDUCATION.] At the completion of the
first two years of licensure, a licensee must provide evidence
satisfactory to the board of completion of 12 additional
postgraduate semester credit hours or its equivalent in
counseling as determined by the board, except that no licensee
shall be required to show evidence of greater than 60 semester
hours or its equivalent. Thereafter, at the time of renewal,
each licensee shall provide evidence satisfactory to the board
that the licensee has completed during each two-year period at
least the equivalent of 40 clock hours of professional
postdegree continuing education in programs approved by the
board and continues to be qualified to practice under sections
148B.50 to 148B.593.
Sec. 5. Minnesota Statutes 2003 Supplement, section
148B.55, is amended to read:
148B.55 [LICENSES; TRANSITION PERIOD.]
For two years beginning July 1, 2003, the board shall issue
a license without examination to an applicant if the board
determines that the applicant otherwise satisfies the
requirements in section 148B.53, subdivision 1, if the applicant
is a licensed psychological practitioner, a licensed marriage
and family therapist, or a licensed alcohol and drug counselor,
or is in the process of being so licensed. An applicant
licensed under this section must also agree to conduct all
professional activities as a licensed professional counselor in
accordance with standards for professional conduct established
by the board by rule. This section expires July 1, 2005.
Sec. 6. Minnesota Statutes 2003 Supplement, section
148B.59, is amended to read:
148B.59 [GROUNDS FOR DISCIPLINARY ACTION; FORMS OF
DISCIPLINARY ACTION; RESTORATION OF LICENSE.]
(a) The board may impose disciplinary action as described
in paragraph (b) against an applicant or licensee whom the
board, by a preponderance of the evidence, determines:
(1) has violated a statute, rule, or order that the board
issued or is empowered to enforce;
(2) has engaged in fraudulent, deceptive, or dishonest
conduct, whether or not the conduct relates to the practice of
licensed professional counseling, that adversely affects the
person's ability or fitness to practice professional counseling;
(3) 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;
(4) 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 professional counseling;
(5) has employed fraud or deception in obtaining or
renewing a license, or in passing an examination;
(6) has had any counseling license, certificate,
registration, privilege to take an examination, or other similar
authority denied, revoked, suspended, canceled, limited, or not
renewed for cause in any jurisdiction;
(7) has failed to meet any requirement for the issuance or
renewal of the person's license. The burden of proof is on the
applicant or licensee to demonstrate the qualifications or
satisfy the requirements for a license under the licensed
professional counseling act;
(8) has failed to cooperate with an investigation of the
board;
(9) has demonstrated an inability to practice professional
counseling with reasonable skill and safety to clients due to
any mental or physical illness or condition; or
(10) has engaged in fee splitting. This clause does not
apply to the distribution of revenues from a partnership, group
practice, nonprofit corporation, or professional corporation to
its partners, shareholders, members, or employees if the
revenues consist only of fees for services performed by the
licensee or under a licensee's administrative authority. Fee
splitting includes, but is not limited to:
(i) dividing fees with another person or a professional
corporation, unless the division is in proportion to the
services provided and the responsibility assumed by each
professional; and
(ii) referring a client to any health care provider as
defined in section 144.335 in which the referring licensee has a
significant financial interest, unless the licensee has
disclosed in advance to the client the licensee's own financial
interest; or
(11) has engaged in conduct with a patient that is sexual
or may reasonably be interpreted by the patient as sexual, or in
any verbal behavior that is seductive or sexually demeaning to a
patient.
(b) If grounds for disciplinary action exist under
paragraph (a), the board may take one or more of the following
actions:
(1) refuse to grant or renew a license;
(2) revoke a license;
(3) suspend a license;
(4) impose limitations or conditions on a licensee's
practice of professional counseling, including, but not limited
to, limiting the scope of practice to designated competencies,
imposing retraining or rehabilitation requirements, requiring
the licensee to practice under supervision, or conditioning
continued practice on the demonstration of knowledge or skill by
appropriate examination or other review of skill and competence;
(5) censure or reprimand the licensee;
(6) refuse to permit an applicant to take the licensure
examination or refuse to release an applicant's examination
grade if the board finds that it is in the public interest; or
(7) impose a civil penalty not exceeding $10,000 for each
separate violation, the amount of the civil penalty to be fixed
so as to deprive the physical therapist applicant or licensee 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.
(c) In lieu of or in addition to paragraph (b), the board
may require, as a condition of continued licensure, termination
of suspension, reinstatement of license, examination, or release
of examination grades, that the applicant or licensee:
(1) submit to a quality review, as specified by the board,
of the applicant's or licensee's ability, skills, or quality of
work; and
(2) complete to the satisfaction of the board educational
courses specified by the board.
The board may also refer a licensee, if appropriate, to the
health professionals services program described in sections
214.31 to 214.37.
(d) Service of the order is effective if the order is
served on the applicant, licensee, or counsel of record
personally or by mail to the most recent address provided to the
board for the licensee, applicant, or counsel of record. The
order shall state the reasons for the entry of the order.
Sec. 7. [148B.5915] [PROFESSIONAL COOPERATION; APPLICANT
OR LICENSEE.]
An applicant or a licensee who is the subject of an
investigation or who is questioned in connection with an
investigation by or on behalf of the board shall cooperate fully
with the investigation. Cooperation includes 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 client and
other records in the applicant's or licensee's possession
relating to the matter under investigation and executing
releases for records, as reasonably requested by the board, and
appearing at conferences or hearings scheduled by the board.
The board shall pay for copies requested. The board shall be
allowed access to any records of a client provided services by
the applicant or licensee under review. If the client has not
signed a consent permitting access to the client's records, the
applicant or licensee shall delete any data in the record that
identifies the client before providing them to the board. The
board shall maintain any records obtained under this section as
investigative data pursuant to chapter 13.
Sec. 8. [148B.5916] [IMMUNITY.]
Subdivision 1. [REPORTING.] A person, health care
facility, business, or organization is immune from civil
liability or criminal prosecution for reporting to the board
violations or alleged violations of sections 148B.50 to 148B.593.
All such reports are classified under section 13.41.
Subd. 2. [INVESTIGATION.] Members of the board, persons
employed by the board, and consultants retained by the board for
the purpose of investigation of violations or the preparation
and management of charges of violations of this chapter on
behalf of the board are immune from civil liability and criminal
prosecution for any actions, transactions, or publications in
the execution of, or relating to, their duties under sections
148B.50 to 148B.593.
Sec. 9. Laws 2003, chapter 118, section 28, is amended to
read:
Sec. 28. [REVISOR INSTRUCTION.]
(a) The revisor of statutes shall insert the "board of
behavioral health and therapy" or "board" wherever "commissioner
of health" or "commissioner" appears in Minnesota Statutes,
chapter 148C, and Minnesota Rules, chapter 4747.
[EFFECTIVE DATE.] This paragraph is effective July 1, 2005.
(b) The revisor of statutes shall strike the terms
"unlicensed mental health practitioner" and "the office of
unlicensed mental health practitioner practice" from Minnesota
Statutes and Minnesota Rules.
[EFFECTIVE DATE.] This paragraph is effective July 1,
2004 2005.
Sec. 10. Laws 2003, chapter 118, section 29, is amended to
read:
Sec. 29. [REPEALER.]
(a) Minnesota Statutes 2002, sections 148B.60; 148B.61;
148B.63; 148B.64; 148B.65; 148B.66; 148B.67; 148B.68; 148B.69;
148B.70; and 148B.71, are repealed.
[EFFECTIVE DATE.] This paragraph is effective July 1,
2004 2005.
(b) Minnesota Statutes 2002, section 148C.01, subdivision
6, is repealed.
[EFFECTIVE DATE.] This paragraph is effective July 1, 2005.
Sec. 11. [TRANSITION PLAN.]
The commissioner of health, in consultation with the
executive directors of the health-related licensing boards, must
develop a transition plan to transfer the authority for licensed
alcohol and drug counselors from the commissioner of health to
the Board of Behavioral Health and Therapy and for the
regulation of individuals after July 1, 2005, who are not
regulated by a health-related licensing board or the
commissioner of health and who are providing mental health
services for remuneration. The transition plan must include any
necessary legislative language to transfer authority and
corresponding funding to the board, identify critical licensing
activities, and specify a schedule for transferring all duties
and activities.
Sec. 12. [EFFECTIVE DATE.]
Sections 1 to 11 are effective the day following final
enactment.
ARTICLE 6
ALCOHOL AND DRUG COUNSELORS
Section 1. Minnesota Statutes 2003 Supplement, section
148C.04, subdivision 6, is amended to read:
Subd. 6. [TEMPORARY PERMIT REQUIREMENTS.] (a) The
commissioner shall issue a temporary permit to practice alcohol
and drug counseling prior to being licensed under this chapter
if the person:
(1) either:
(i) submits verification of a current and unrestricted
credential for the practice of alcohol and drug counseling from
a national certification body or a certification or licensing
body from another state, United States territory, or federally
recognized tribal authority;
(ii) submits verification of the completion of at least 64
semester credits, including 270 clock hours or 18 semester
credits of formal classroom education in alcohol and drug
counseling and at least 880 clock hours of alcohol and drug
counseling practicum from an accredited school or educational
program; or
(iii) applies to renew a lapsed license according to the
requirements of section 148C.055, subdivision 3, clauses (1) and
(2), or section 148C.055, subdivision 4, clauses (1) and (2); or
(iv) meets the requirements of section 148C.11, subdivision
6, clauses (1), (2), and (5);
(2) applies, in writing, on an application form provided by
the commissioner, which includes the nonrefundable temporary
permit fee as specified in section 148C.12 and an affirmation by
the person's supervisor, as defined in paragraph (c), clause
(1), which is signed and dated by the person and the person's
supervisor; and
(3) has not been disqualified to practice temporarily on
the basis of a background investigation under section 148C.09,
subdivision 1a.
(b) The commissioner must notify the person in writing
within 90 days from the date the completed application and all
required information is received by the commissioner whether the
person is qualified to practice under this subdivision.
(c) A person practicing under this subdivision:
(1) may practice under tribal jurisdiction or under the
direct supervision of a person who is licensed under this
chapter;
(2) is subject to the Rules of Professional Conduct set by
rule; and
(3) is not subject to the continuing education requirements
of section 148C.075.
(d) A person practicing under this subdivision must use the
title or description stating or implying that the person is a
trainee engaged in the practice of alcohol and drug counseling.
(e) A person practicing under this subdivision must
annually submit a renewal application on forms provided by the
commissioner with the renewal fee required in section 148C.12,
subdivision 3, and the commissioner may renew the temporary
permit if the trainee meets the requirements of this
subdivision. A trainee may renew a practice permit no more than
five times.
(f) A temporary permit expires if not renewed, upon a
change of employment of the trainee or upon a change in
supervision, or upon the granting or denial by the commissioner
of a license.
Sec. 2. Minnesota Statutes 2003 Supplement, section
148C.075, subdivision 2, is amended to read:
Subd. 2. [CONTINUING EDUCATION REQUIREMENTS FOR LICENSEE'S
FIRST FOUR YEARS.] A licensee must, as part of meeting the clock
hour requirement of this section, obtain and document 18 hours
of cultural diversity training within the first four years after
the licensee's initial license effective date according to the
commissioner's reporting schedule. Cultural diversity training
includes gaining knowledge in areas described in Minnesota
Rules, part 4747.1100, subpart 2, and in identified population
groups defined in Minnesota Rules, part 4747.0030, subpart 20.
Sec. 3. Minnesota Statutes 2003 Supplement, section
148C.075, is amended by adding a subdivision to read:
Subd. 5. [COURSE WORK.] A licensee may obtain a maximum of
six clock hours in any two-year continuing education period for
teaching course work in an accredited school or educational
program that meets the requirements of section 148C.04,
subdivision 5a. A licensee may earn a maximum of two clock
hours as preparation time for each clock hour of presentation
time. Clock hours may be claimed only once per course in any
two-year continuing education period. The licensee shall
maintain a course schedule or brochure for audit.
Sec. 4. Minnesota Statutes 2003 Supplement, section
148C.11, subdivision 1, is amended to read:
Subdivision 1. [OTHER PROFESSIONALS.] (a) Nothing in this
chapter prevents members of other professions or occupations
from performing functions for which they are qualified or
licensed. This exception includes, but is not limited to,
licensed physicians, registered nurses, licensed practical
nurses, licensed psychological practitioners, members of the
clergy, American Indian medicine men and women, licensed
attorneys, probation officers, licensed marriage and family
therapists, licensed social workers, licensed professional
counselors, licensed school counselors, and registered
occupational therapists or occupational therapy assistants, and
until July 1, 2005, individuals providing integrated
dual-diagnosis treatment in adult mental health rehabilitative
programs certified by the Department of Human Services under
section 256B.0622 or 256B.0623.
(b) Nothing in this chapter prohibits technicians and
resident managers in programs licensed by the Department of
Human Services from discharging their duties as provided in
Minnesota Rules, chapter 9530.
(c) Any person who is exempt under this section but who
elects to obtain a license under this chapter is subject to this
chapter to the same extent as other licensees.
(d) These persons must not, however, use a title
incorporating the words "alcohol and drug counselor" or
"licensed alcohol and drug counselor" or otherwise hold
themselves out to the public by any title or description stating
or implying that they are engaged in the practice of alcohol and
drug counseling, or that they are licensed to engage in the
practice of alcohol and drug counseling. Persons engaged in the
practice of alcohol and drug counseling are not exempt from the
commissioner's jurisdiction solely by the use of one of the
above titles.
Sec. 5. Minnesota Statutes 2003 Supplement, section
148C.11, subdivision 6, is amended to read:
Subd. 6. [TRANSITION PERIOD FOR HOSPITAL AND CITY, COUNTY,
AND STATE AGENCY ALCOHOL AND DRUG COUNSELORS.] For the period
between July 1, 2003, and January 1, 2006, the commissioner
shall grant a license to an individual who is employed as an
alcohol and drug counselor at a Minnesota school district or
hospital, or a city, county, or state agency in Minnesota, if
the individual:
(1) was employed as an alcohol and drug counselor at
a school district, a hospital, or a city, county, or state
agency before August 1, 2002;
(2) has 8,000 hours of alcohol and drug counselor work
experience;
(3) has completed a written case presentation and
satisfactorily passed an oral examination established by the
commissioner;
(4) has satisfactorily passed a written examination as
established by the commissioner; and
(5) meets the requirements in section 148C.0351.
Sec. 6. Minnesota Statutes 2003 Supplement, section
148C.12, subdivision 2, is amended to read:
Subd. 2. [BIENNIAL RENEWAL FEE.] The license renewal fee
is $295. If the commissioner changes establishes the renewal
schedule and the expiration date is less than two years, the fee
must be prorated.
Sec. 7. Minnesota Statutes 2003 Supplement, section
148C.12, subdivision 3, is amended to read:
Subd. 3. [TEMPORARY PERMIT FEE.] The initial fee for
applicants under section 148C.04, subdivision 6, paragraph (a),
is $100. The fee for annual renewal of a temporary permit is
$100, but when the first expiration date occurs in less or more
than one year, the fee must be prorated.
ARTICLE 7
BOARD OF DENTISTRY
Section 1. Minnesota Statutes 2002, section 150A.06, as
amended by Laws 2003, First Special Session chapter 5, sections
1, 2, and 3, is amended to read:
150A.06 [LICENSURE.]
Subdivision 1. [DENTISTS.] A person of good moral
character not already a licensed dentist of the state who has
graduated from a dental program accredited by the Commission on
Dental Accreditation of the American Dental Association, having
submitted an application and fee as prescribed by the board and
the diploma or equivalent awarded to the person by a dental
college approved by the board, may be examined by the board or
by an agency pursuant to section 150A.03, subdivision 1, in a
manner to test the applicant's fitness to practice dentistry. A
graduate of a dental college in another country must not be
disqualified from examination solely because of the applicant's
foreign training if the board determines that the training is
equivalent to or higher than that provided by a dental college
approved accredited by the Commission on Dental Accreditation of
the American Dental Association or a successor organization. In
the case of examinations conducted pursuant to section 150A.03,
subdivision 1, applicants may shall take the examination prior
to applying to the board for licensure. The examination shall
include an examination of the applicant's knowledge of the laws
of Minnesota relating to dentistry and the rules of the board.
An applicant is ineligible to retake the clinical examination
required by the board after failing it twice until further
education and training are obtained as specified by the board by
rule. A separate, nonrefundable fee may be charged for each
time a person applies. An applicant who passes the examination
in compliance with subdivision 2b, abides by professional
ethical conduct requirements, and meets all other requirements
of the board shall be licensed to practice dentistry
and supplied with granted a general dentist license by the board.
Subd. 1a. [FACULTY DENTISTS.] (a) Faculty members of a
school of dentistry must be licensed or registered in order to
practice dentistry as defined in section 150A.05. The board may
issue to members of the faculty of a school of dentistry a
license designated as either a "limited faculty license" or a
"full faculty license" entitling the holder to practice
dentistry within the terms described in paragraph (b) or (c).
The dean of the a school of dentistry and program directors of
accredited a Minnesota dental hygiene or dental assisting
schools school accredited by the Commission on Dental
Accreditation of the American Dental Association shall certify
to the board those members of the school's faculty who practice
dentistry but are not licensed to practice dentistry in
Minnesota. A faculty member who practices dentistry as defined
in section 150A.05, before beginning duties in the a school of
dentistry or a dental hygiene or dental assisting school, shall
apply to the board for a limited or full faculty license. The
license expires the next July 1 and may, at the discretion of
the board, be renewed on a yearly basis. The faculty applicant
shall pay a nonrefundable fee set by the board for issuing and
renewing the faculty license. The faculty license is valid
during the time the holder remains a member of the faculty of a
school of dentistry or a dental hygiene or dental assisting
school and subjects the holder to this chapter.
(b) The board may issue to dentist members of the faculty
of an accredited a Minnesota school of dentistry, dental
hygiene, or dental assisting accredited by the Commission on
Dental Accreditation of the American Dental Association, a
license designated as a limited faculty license entitling the
holder to practice dentistry within the school and its
affiliated teaching facilities, but only for the purposes
of instructing teaching or conducting research. The practice of
dentistry at a school facility for purposes other than
instruction teaching or research is not allowed unless the
faculty member is licensed under subdivision 1 or is dentist was
a faculty member on August 1, 1993.
(c) The board may issue to dentist members of the faculty
of an accredited a Minnesota school of dentistry, dental
hygiene, or dental assisting accredited by the Commission on
Dental Accreditation of the American Dental Association a
license designated as a full faculty license entitling the
holder to practice dentistry within the school and its
affiliated teaching facilities and elsewhere if the holder of
the license is employed 50 percent time or more by the school in
the practice of teaching or research, and upon successful review
by the board of the applicant's qualifications as described in
subdivisions 1, 1c, and 4 and board rule. The board, at its
discretion, may waive specific licensing prerequisites.
Subd. 1b. [RESIDENT DENTISTS.] A person who is a graduate
of a dental school and is an enrolled graduate student or
student of an accredited advanced dental education program and
who is not licensed to practice dentistry in the state shall
obtain from the board a license to practice dentistry as a
resident dentist. The license must be designated "resident
dentist license" and authorizes the licensee to practice
dentistry only under the supervision of a licensed dentist. A
resident dentist license must be renewed annually pursuant to
the board's rules. An applicant for a resident dentist license
shall pay a nonrefundable fee set by the board for issuing and
renewing the license. The requirements of sections 150A.01 to
150A.21 apply to resident dentists except as specified in rules
adopted by the board. A resident dentist license does not
qualify a person for licensure under subdivision 1. This
subdivision takes effect on September 1 following the date that
the rules adopted under this subdivision become effective.
Subd. 1c. [SPECIALTY DENTISTS.] (a) The board may grant a
specialty license in the following specialty areas of dentistry:
(1) endodontics;
(2) oral and maxillofacial surgery;
(3) oral pathology;
(4) orthodontics;
(5) pediatric dentistry;
(6) periodontics;
(7) prosthodontics; and
(8) public health that are recognized by the American
Dental Association.
(b) Notwithstanding section 147.081, subdivision 3, a
person practicing in the specialty area of oral and
maxillofacial surgery must either be licensed by the board under
subdivision 1, or have a specialty license in the oral and
maxillofacial surgery specialty area. Notwithstanding paragraph
(c), an oral and maxillofacial surgery specialty license may be
issued to a person not licensed under subdivision 1. An
applicant for a specialty license shall:
(1) have successfully completed a postdoctoral specialty
education program accredited by the Commission on Dental
Accreditation of the American Dental Association, or have
announced a limitation of practice before 1967;
(2) have been certified by a specialty examining board
approved by the Minnesota Board of Dentistry, or provide
evidence of having passed a clinical examination for licensure
required for practice in any state or Canadian province, or in
the case of oral and maxillofacial surgeons only, have a
Minnesota medical license in good standing;
(3) have been in active practice or a postdoctoral
specialty education program or United States government service
at least 2,000 hours in the 36 months prior to applying for a
specialty license;
(4) if requested by the board, be interviewed by a
committee of the board, which may include the assistance of
specialists in the evaluation process, and satisfactorily
respond to questions designed to determine the applicant's
knowledge of dental subjects and ability to practice;
(5) if requested by the board, present complete records on
a sample of patients treated by the applicant. The sample must
be drawn from patients treated by the applicant during the 36
months preceding the date of application. The number of records
shall be established by the board. The records shall be
reasonably representative of the treatment typically provided by
the applicant;
(6) at board discretion, pass a board-approved English
proficiency test if English is not the applicant's primary
language;
(7) pass all components of the National Dental Board
examinations;
(8) pass the Minnesota Board of Dentistry jurisprudence
examination;
(9) abide by professional ethical conduct requirements; and
(10) meet all other requirements prescribed by the Board of
Dentistry.
(c) An applicant for a specialty license shall The
application must include:
(1) have successfully completed an advanced education
program approved by the Commission on Accreditation in one of
the specialty areas;
(2) have announced a limitation of practice before 1967; or
(3) have been certified by a specialty examining board
approved by the board.
The board shall also require the applicant to be licensed
under subdivision 1 or have an equivalent license in another
state as determined by the board, meet all other requirements
prescribed by the board, and pay a nonrefundable fee set by the
board.
(1) a completed application furnished by the board;
(2) at least two character references from two different
dentists, one of whom must be a dentist practicing in the same
specialty area, and the other the director of the specialty
program attended;
(3) a licensed physician's statement attesting to the
applicant's physical and mental condition;
(4) a statement from a licensed ophthalmologist or
optometrist attesting to the applicant's visual acuity;
(5) a nonrefundable fee; and
(6) a notarized, unmounted passport-type photograph, three
inches by three inches, taken not more than six months before
the date of application.
(d) A dentist with an equivalent license in another state
and a specialty license in Minnesota is limited in Minnesota to
practicing only in the specialty license area as defined by the
board. A specialty dentist holding a specialty license is
limited to practicing in the dentist's designated specialty
area. The scope of practice must be defined by each national
specialty board recognized by the American Dental Association.
(e) A specialty dentist holding a general dentist license
is limited to practicing in the dentist's designated specialty
area if the dentist has announced a limitation of practice. The
scope of practice must be defined by each national specialty
board recognized by the American Dental Association.
(f) All specialty dentists who have fulfilled the specialty
dentist requirements and who intend to limit their practice to a
particular specialty area may apply for a specialty license.
Subd. 2. [DENTAL HYGIENISTS.] A person of good moral
character not already a licensed dental hygienist of this state,
who has graduated from a dental hygiene program established in
an institution that is accredited by an accrediting agency
recognized by the United States Department of Education to offer
college-level programs accredited by the Commission on Dental
Accreditation of the American Dental Association and established
in an institution accredited by an agency recognized by the
United States Department of Education to offer college-level
programs, may apply for licensure. The dental hygiene program
must provide a minimum of two academic years of dental
hygiene curriculum and be accredited by the American Dental
Association Commission on Dental Accreditation education. The
applicant must submit an application and fee as prescribed by
the board and a diploma or certificate of dental hygiene. Prior
to being licensed, the applicant must pass the National Board of
Dental Hygiene examination and a board approved examination
designed to determine the applicant's clinical competency. In
the case of examinations conducted pursuant to section 150A.03,
subdivision 1, applicants may shall take the examination before
applying to the board for licensure. The applicant must also
pass an examination testing the applicant's knowledge of the
laws of Minnesota relating to the practice of dentistry and of
the rules of the board. An applicant is ineligible to retake
the clinical examination required by the board after failing it
twice until further education and training are obtained as
specified by the board by rule. A separate, nonrefundable fee
may be charged for each time a person applies. An applicant who
passes the examination in compliance with subdivision 2b, abides
by professional ethical conduct requirements, and meets all the
other requirements of the board shall be licensed as a dental
hygienist and supplied with a license by the board.
Subd. 2a. [REGISTERED DENTAL ASSISTANT.] A person of good
moral character, who has submitted graduated from a dental
assisting program accredited by the Commission on Dental
Accreditation of the American Dental Association, may apply for
registration. The applicant must submit an application and fee
as prescribed by the board and the diploma or equivalent awarded
to the person by a training school for certificate of dental
assistants or its equivalent approved by the board, may be
examined by the board or by an agency pursuant to section
150A.03, subdivision 1, in a manner to test the applicant's
fitness to perform as a registered dental assistant assisting.
In the case of examinations conducted pursuant to section
150A.03, subdivision 1, applicants may shall take the
examination before applying to the board for registration. The
examination shall include an examination of the applicant's
knowledge of the laws of Minnesota relating to dentistry and the
rules of the board. An applicant is ineligible to retake
the clinical registration examination required by the board
after failing it twice until further education and training are
obtained as specified by the board by rule. A separate,
nonrefundable fee may be charged for each time a person
applies. An applicant who passes the examination in compliance
with subdivision 2b, abides by professional ethical conduct
requirements, and meets all the other requirements of the board
shall be registered as a dental assistant. The examination fee
set by the board in rule is the application fee until the board
amends, repeals, or otherwise changes the rules pursuant to
chapter 14.
Subd. 2b. [EXAMINATION.] When the Board members administer
of Dentistry administers the examination for licensure or
registration, only those board members or board-appointed deputy
examiners qualified for the particular examination may
administer it. An examination which the board requires as a
condition of licensure or registration must have been taken
within the five years before the board receives the application
for licensure or registration.
Subd. 2c. [GUEST LICENSE OR REGISTRATION.] (a) The board
shall grant a guest license to practice as a dentist or dental
hygienist or a guest registration to practice as a dental
assistant if the following conditions are met:
(1) the dentist, dental hygienist, or dental assistant is
currently licensed or registered in good standing in North
Dakota, South Dakota, Iowa, or Wisconsin;
(2) the dentist, dental hygienist, or dental assistant is
currently engaged in the practice of that person's respective
profession in North Dakota, South Dakota, Iowa, or Wisconsin;
(3) the dentist, dental hygienist, or dental assistant is
seeking to will limit that person's practice in to a public
health setting in Minnesota that (i) is approved by the board;
(ii) was established by a nonprofit organization that is tax
exempt under chapter 501(c)(3) of the Internal Revenue Code of
1986; and (iii) provides dental care to patients who have
difficulty accessing dental care;
(4) the dentist, dental hygienist, or dental assistant
agrees to treat indigent patients who meet the eligibility
criteria established by the clinic; and
(5) the dentist, dental hygienist, or dental assistant has
applied to the board for a guest license or registration,
providing evidence of being currently licensed or registered in
good standing in North Dakota, South Dakota, Iowa, or Wisconsin,
and has paid a nonrefundable license fee to the board of $50 not
to exceed $75.
(b) A dentist, dental hygienist, or dental assistant
practicing under a guest license or registration may only
practice at a single, specific location in Minnesota. A guest
license or registration must be renewed annually with the board
and an annual renewal fee of $50 must be paid to the board. If
the clinic in Minnesota at which a dentist, dental hygienist, or
dental assistant seeks to practice permanently ceases operation,
the guest license or registration issued under this subdivision
is automatically revoked not to exceed $75 must be paid to the
board.
(c) A dentist, dental hygienist, or dental assistant
practicing under a guest license or registration under this
subdivision shall have the same obligations as a dentist, dental
hygienist, or dental assistant who is licensed in Minnesota and
shall be subject to the laws and rules of Minnesota and the
regulatory authority of the board. If the board suspends or
revokes the guest license or registration of, or otherwise
disciplines, a dentist, dental hygienist, or dental assistant
practicing under this subdivision, the board shall promptly
report such disciplinary action to the dentist's, dental
hygienist's, or dental assistant's regulatory board in the
border state.
Subd. 2d. [VOLUNTEER AND RETIRED DENTISTS, DENTAL
HYGIENISTS, AND REGISTERED DENTAL ASSISTANTS CONTINUING
EDUCATION AND PROFESSIONAL DEVELOPMENT WAIVER.] (a) The board
shall grant a waiver to the continuing education requirements
under this chapter for a licensed dentist, licensed dental
hygienist, or registered dental assistant who documents to the
satisfaction of the board that the dentist, dental hygienist, or
registered dental assistant has retired from active practice in
the state and limits the provision of dental care services to
those offered without compensation in a public health,
community, or tribal clinic or a nonprofit organization that
provides services to the indigent or to recipients of medical
assistance, general assistance medical care, or MinnesotaCare
programs.
(b) The board may require written documentation from the
volunteer and retired dentist, dental hygienist, or registered
dental assistant prior to granting this waiver.
(c) The board shall require the volunteer and retired
dentist, dental hygienist, or registered dental assistant to
meet the following requirements:
(1) a licensee or registrant seeking a waiver under this
subdivision must complete and document at least five hours of
approved courses in infection control, medical emergencies, and
medical management for the continuing education cycle; and
(2) provide documentation of certification in advanced or
basic cardiac life support recognized by the American Heart
Association, the American Red Cross, or an equivalent entity.
Subd. 3. [WAIVER OF EXAMINATION.] (a) All or any part of
the examination for dentists or dental hygienists, except that
pertaining to the law of Minnesota relating to dentistry and the
rules of the board, may, at the discretion of the board, be
waived for an applicant who presents a certificate of
qualification from the National Board of Dental Examiners or
evidence of having maintained an adequate scholastic standing as
determined by the board, in dental school as to dentists, or
dental hygiene school as to dental hygienists.
(b) Effective January 1, 2004, The board shall waive the
clinical examination required for licensure for any dentist
applicant who is a graduate of a dental school accredited by the
Commission on Dental Accreditation of the American Dental
Association or an equivalent organization as determined by the
board, who has successfully completed parts I and II all
components of the National boards Dental Board examination, and
who has satisfactorily completed a Minnesota-based postdoctoral
general dentistry residency program (GPR) or an advanced
education in general dentistry (AEGD) program after January 1,
2004. The postdoctoral program must be accredited by the
Commission on Dental Accreditation of the American Dental
Association if the program is, be of at least one year's
duration, and includes include an outcome assessment evaluation
assessing the resident's competence to practice dentistry. The
board may require the applicant to submit any information deemed
necessary by the board to determine whether the waiver is
applicable. The board may waive the clinical examination for an
applicant who meets the requirements of this paragraph and has
satisfactorily completed an accredited postdoctoral general
dentistry residency program located outside of Minnesota.
Subd. 4. [LICENSURE BY CREDENTIALS.] (a) Any person who is
lawfully practicing dentistry or dental hygiene in another state
or Canadian province having and maintaining a standard of
examination for licensure and of laws regulating the practice
within that state or Canadian province, substantially equivalent
to Minnesota's, as determined by the board, who is a reputable
dentist or dental hygienist of good moral character, and who
deposits, in person, with the Board of Dentistry a certificate
from the board of dentistry of the state or Canadian province in
which the applicant is licensed, certifying to the fact of
licensure and that the applicant is of good moral character and
professional attainments, shall, upon payment of the fee
established by the board, be interviewed by the board. The
interview shall consist of assessing the applicant's knowledge
of dental subjects. If the applicant does not demonstrate the
minimum knowledge in dental subjects required for licensure
under subdivisions 1 and 2, the application shall be denied.
When denying a license, the board may notify the applicant of
any specific course that the applicant could take which, if
passed, would qualify the applicant for licensure. The denial
shall not prohibit the applicant from applying for licensure
under subdivisions 1 and 2. If the applicant demonstrates the
minimum knowledge in dental subjects required for licensure
under subdivisions 1 and 2 and meets the other requirements of
this subdivision, a license shall be granted to practice in this
state, if the applicant passes an examination on the laws of
Minnesota relating to dentistry and the rules of the Board of
Dentistry. dentist or dental hygienist may, upon application and
payment of a fee established by the board, apply for licensure
based on the applicant's performance record in lieu of passing
an examination approved by the board according to section
150A.03, subdivision 1, and be interviewed by the board to
determine if the applicant:
(1) has been in active practice at least 2,000 hours within
36 months of the application date, or passed a board-approved
re-entry program within 36 months of the application date;
(2) currently has a license in another state or Canadian
province and is not subject to any pending or final disciplinary
action, or if not currently licensed, previously had a license
in another state or Canadian province in good standing that was
not subject to any final or pending disciplinary action at the
time of surrender;
(3) is of good moral character and abides by professional
ethical conduct requirements;
(4) at board discretion, has passed a board-approved
English proficiency test if English is not the applicant's
primary language; and
(5) meets other credentialing requirements specified in
board rule.
(b) An applicant who fulfills the conditions of this
subdivision and demonstrates the minimum knowledge in dental
subjects required for licensure under subdivision 1 or 2 must be
licensed to practice the applicant's profession.
(c) If the applicant does not demonstrate the minimum
knowledge in dental subjects required for licensure under
subdivision 1 or 2, the application must be denied. When
denying a license, the board may notify the applicant of any
specific remedy that the applicant could take which, when
passed, would qualify the applicant for licensure. A denial
does not prohibit the applicant from applying for licensure
under subdivision 1 or 2.
(d) A candidate whose application has been denied may
appeal the decision to the board according to subdivision 4a.
Subd. 4a. [APPEAL OF DENIAL OF APPLICATION.] A person
whose application for licensure or registration by credentials
has been denied may appeal the decision to the board. The board
shall establish an appeals process and inform a denied candidate
of the right to appeal and the process for filing the appeal.
Subd. 5. [FRAUD IN SECURING LICENSES OR REGISTRATIONS.]
Every person implicated in employing fraud or deception in
applying for or securing a license or registration to practice
dentistry or, dental hygiene, or in applying for or securing a
registration to practice dental assisting or in
annually registering renewing a license or registration under
sections 150A.01 to 150A.12 is guilty of a gross misdemeanor.
Subd. 6. [DISPLAY OF NAME AND CERTIFICATES.] The name,
initial license and subsequent renewal, or current registration
certificate, and annual registration certificate of every
licensed dentist, dental hygienist, or registered dental
assistant shall be conspicuously displayed in every office in
which that person practices, in plain sight of patients. If
there is more than one dentist, dental hygienist, or registered
dental assistant practicing or employed in any office, the
manager or proprietor of the office shall display in plain sight
the name, license certificate and annual registration
certificate of each dentist, dental hygienist, or registered
dental assistant practicing or employed there. Near or on the
entrance door to every office where dentistry is practiced, the
name of each dentist practicing there, as inscribed on
the current license certificate and annual registration
certificate of each dentist, shall be displayed in plain sight.
Subd. 7. [ADDITIONAL REMEDIES FOR LICENSURE AND
REGISTRATION.] On a case-by-case basis, for initial or renewal
of licensure or registration, the board may add additional
remedies for deficiencies found based on the applicant's
performance, character, and education.
Subd. 8. [REGISTRATION BY CREDENTIALS.] (a) Any dental
assistant may, upon application and payment of a fee established
by the board, apply for registration based on an evaluation of
the applicant's education, experience, and performance record in
lieu of completing a board-approved dental assisting program for
expanded functions as defined in rule, and may be interviewed by
the board to determine if the applicant:
(1) has graduated from an accredited dental assisting
program accredited by the Commission of Dental Accreditation of
the American Dental Association, or is currently certified by
the Dental Assisting National Board;
(2) is not subject to any pending or final disciplinary
action in another state or Canadian province, or if not
currently certified or registered, previously had a
certification or registration in another state or Canadian
province in good standing that was not subject to any final or
pending disciplinary action at the time of surrender;
(3) is of good moral character and abides by professional
ethical conduct requirements;
(4) at board discretion, has passed a board-approved
English proficiency test if English is not the applicant's
primary language; and
(5) has met all expanded functions curriculum equivalency
requirements of a Minnesota board-approved dental assisting
program.
(b) The board, at its discretion, may waive specific
registration requirements in paragraph (a).
(c) An applicant who fulfills the conditions of this
subdivision and demonstrates the minimum knowledge in dental
subjects required for registration under subdivision 2a must be
registered to practice the applicant's profession.
(d) If the applicant does not demonstrate the minimum
knowledge in dental subjects required for registration under
subdivision 2a, the application must be denied. If registration
is denied, the board may notify the applicant of any specific
remedy that the applicant could take which, when passed, would
qualify the applicant for registration. A denial does not
prohibit the applicant from applying for registration under
subdivision 2a.
(e) A candidate whose application has been denied may
appeal the decision to the board according to subdivision 4a.
Sec. 2. Minnesota Statutes 2002, section 150A.08,
subdivision 1, is amended to read:
Subdivision 1. [GROUNDS.] The board may refuse or by order
suspend or revoke, limit or modify by imposing conditions it
deems necessary, any license to practice dentistry or dental
hygiene or the registration of any dental assistant upon any of
the following grounds:
(1) fraud or deception in connection with the practice of
dentistry or the securing of a license or annual registration
certificate;
(2) conviction, including a finding or verdict of guilt, an
admission of guilt, or a no contest plea, in any court of a
felony or gross misdemeanor reasonably related to the practice
of dentistry as evidenced by a certified copy of the conviction;
(3) conviction, including a finding or verdict of guilt, an
admission of guilt, or a no contest plea, in any court of an
offense involving moral turpitude as evidenced by a certified
copy of the conviction;
(4) habitual overindulgence in the use of intoxicating
liquors;
(5) improper or unauthorized prescription, dispensing,
administering, or personal or other use of any legend drug as
defined in chapter 151, of any chemical as defined in chapter
151, or of any controlled substance as defined in chapter 152;
(6) conduct unbecoming a person licensed to practice
dentistry or dental hygiene or registered as a dental assistant,
or conduct contrary to the best interest of the public, as such
conduct is defined by the rules of the board;
(7) gross immorality;
(8) any physical, mental, emotional, or other disability
which adversely affects a dentist's, dental hygienist's, or
registered dental assistant's ability to perform the service for
which the person is licensed or registered;
(9) revocation or suspension of a license, registration, or
equivalent authority to practice, or other disciplinary action
or denial of a license or registration application taken by a
licensing, registering, or credentialing authority of another
state, territory, or country as evidenced by a certified copy of
the licensing authority's order, if the disciplinary action or
application denial was based on facts that would provide a basis
for disciplinary action under this chapter and if the action was
taken only after affording the credentialed person or applicant
notice and opportunity to refute the allegations or pursuant to
stipulation or other agreement;
(10) failure to maintain adequate safety and sanitary
conditions for a dental office in accordance with the standards
established by the rules of the board;
(11) employing, assisting, or enabling in any manner an
unlicensed person to practice dentistry;
(12) failure or refusal to attend, testify, and produce
records as directed by the board under subdivision 7;
(13) violation of, or failure to comply with, any other
provisions of sections 150A.01 to 150A.12, the rules of the
Board of Dentistry, or any disciplinary order issued by the
board, section 144.335 or 595.02, subdivision 1, paragraph (d),
or for any other just cause related to the practice of
dentistry. Suspension, revocation, modification or limitation
of any license shall not be based upon any judgment as to
therapeutic or monetary value of any individual drug prescribed
or any individual treatment rendered, but only upon a repeated
pattern of conduct;
(14) knowingly providing false or misleading information
that is directly related to the care of that patient unless done
for an accepted therapeutic purpose such as the administration
of a placebo; or
(15) aiding suicide or aiding attempted suicide in
violation of section 609.215 as established by any of the
following:
(i) a copy of the record of criminal conviction or plea of
guilty for a felony in violation of section 609.215, subdivision
1 or 2;
(ii) a copy of the record of a judgment of contempt of
court for violating an injunction issued under section 609.215,
subdivision 4;
(iii) a copy of the record of a judgment assessing damages
under section 609.215, subdivision 5; or
(iv) a finding by the board that the person violated
section 609.215, subdivision 1 or 2. The board shall
investigate any complaint of a violation of section 609.215,
subdivision 1 or 2.
Sec. 3. Minnesota Statutes 2002, section 150A.09,
subdivision 4, is amended to read:
Subd. 4. [DUPLICATE CERTIFICATES.] Duplicate licenses or
duplicate annual certificates of license renewal may be issued
by the board upon satisfactory proof of the need for the
duplicates and upon payment of the fee established by the board.
Sec. 4. [REGULATION OF DENTAL ASSISTANTS.]
The Board of Dentistry, in consultation with the Minnesota
Dental Association, the Minnesota Dental Assistants Association,
and the Minnesota Dental Hygienists' Association, shall
establish a regulatory system for dental assistants that
recognizes the different degrees of practice within the
profession, including the expanded duties authorized under
Minnesota Statutes, section 150A.10, subdivision 4. The system
must establish:
(1) the appropriate level of education and training;
(2) the authorized scope of practice for each level of
practice; and
(3) the appropriate credentialing necessary to ensure
public safety and professional standing.
The board shall submit the proposed regulatory system to
the legislature by January 15, 2005.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 5. [MALPRACTICE INSURANCE.]
The Board of Dentistry shall make recommendations to the
legislature by January 15, 2005, on requiring proof of
malpractice insurance related to the practice of dentistry or
self-insurance alternative as a condition of licensure to
practice dentistry under Minnesota Statutes, chapter 150A. The
recommendations shall consider a minimum amount of insurance to
be required if the board recommends this requirement as a
condition of licensure.
ARTICLE 8
PODIATRIC MEDICINE
Section 1. Minnesota Statutes 2002, section 153.01,
subdivision 2, is amended to read:
Subd. 2. [PODIATRIC MEDICINE.] "Podiatric medicine" means
the diagnosis or medical, mechanical, or surgical treatment of
the ailments of the human hand, foot, ankle, and the soft tissue
of the lower leg distal to the tibial tuberosity, including.
Medical or surgical treatment includes partial foot
amputation of the toe, but not including and excludes amputation
of the foot, hand, or fingers, or the. Use of local
anesthetics is within the scope of medical and surgical
management in patient care. Use of anesthetics, other than
local anesthetics, is excluded, except as provided in section
153.26. Podiatric medicine includes the prescribing or
recommending of appliances, devices, or shoes for the correction
or relief of foot ailments. Podiatric medicine includes the
prescribing or administering of any drugs or medications
necessary or helpful to the practice of podiatry podiatric
medicine as defined by this subdivision, provided, however, that
licensed podiatrists shall be restricted in their prescribing or
administering of any drugs or medications by the limitations
imposed on the scope of practice of podiatric medicine as
defined in this chapter. For a podiatrist who has completed a
residency, podiatric medicine includes the performance of all or
part of the medical history and physical examination for the
purpose of hospital admission for podiatric management or
preoperative podiatric surgery.
Sec. 2. Minnesota Statutes 2002, section 153.16,
subdivision 1, is amended to read:
Subdivision 1. [LICENSE REQUIREMENTS.] The board shall
issue a license to practice podiatric medicine to a person who
meets the following requirements:
(a) The applicant for a license shall file a written
notarized application on forms provided by the board, showing to
the board's satisfaction that the applicant is of good moral
character and satisfies the requirements of this section.
(b) The applicant shall present evidence satisfactory to
the board of being a graduate of a podiatric medical school
approved by the board based upon its faculty, curriculum,
facilities, accreditation by a recognized national accrediting
organization approved by the board, and other relevant factors.
(c) The applicant must have passed an examination received
a passing score on each part of the national board examinations,
parts one and two, prepared and graded by the National Board of
Podiatric Medical Examiners and also pass a state clinical
examination prepared and graded by the state Board of Podiatric
Medicine or a national clinical examination prepared and graded
by the National Board of Podiatric Medical Examiners. The board
shall by rule determine what score constitutes a passing score
in each examination. The passing score for each part of the
national board examinations, parts one and two, is as defined by
the National Board of Podiatric Medical Examiners.
(d) Applicants graduating after 1986 from a podiatric
medical school shall present evidence satisfactory to the board
of the completion of (1) one year of graduate, clinical
residency or preceptorship in a program accredited by a national
accrediting organization approved by the board or (2) other
graduate training that meets standards equivalent to those of an
approved national accrediting organization or school of
podiatric medicine.
(e) The applicant shall appear in person before the board
or its designated representative to show that the applicant
satisfies the requirements of this section, including knowledge
of laws, rules, and ethics pertaining to the practice of
podiatric medicine. The board may establish as internal
operating procedures the procedures or requirements for the
applicant's personal presentation.
(f) The applicant shall pay a fee established by the board
by rule. The fee shall not be refunded.
(g) The applicant must not have engaged in conduct
warranting disciplinary action against a licensee. If the
applicant does not satisfy the requirements of this paragraph,
the board may refuse to issue a license unless it determines
that the public will be protected through issuance of a license
with conditions and limitations the board considers appropriate.
(h) Upon payment of a fee as the board may require, an
applicant who fails to pass an examination and is refused a
license is entitled to reexamination within one year of the
board's refusal to issue the license. No more than two
reexaminations are allowed without a new application for a
license.
Sec. 3. Minnesota Statutes 2002, section 153.16,
subdivision 2, is amended to read:
Subd. 2. [APPLICANTS LICENSED IN ANOTHER STATE.] The board
shall issue a license to practice podiatric medicine to any
person currently or formerly licensed to practice podiatric
medicine in another state who satisfies the requirements of this
section:
(a) The applicant shall satisfy the requirements
established in subdivision 1.
(b) The applicant shall present evidence satisfactory to
the board indicating the current status of a license to practice
podiatric medicine issued by the proper agency in another state
or country first state of licensure and all other states and
countries in which the individual has held a license.
(c) If the applicant must not have has had a license
revoked, engaged in conduct warranting disciplinary action
against a licensee the applicant's license, or been subjected to
disciplinary action, in another state. If an applicant does not
satisfy the requirements of this paragraph, the board may refuse
to issue a license unless it determines that the public will be
protected through issuance of a license with conditions or
limitations the board considers appropriate.
(d) The applicant shall submit with the license application
the following additional information for the five-year period
preceding the date of filing of the application: (1) the name
and address of the applicant's professional liability insurer in
the other state; and (2) the number, date, and disposition of
any podiatric medical malpractice settlement or award made to
the plaintiff relating to the quality of podiatric medical
treatment.
(e) If the license is active, the applicant shall submit
with the license application evidence of compliance with the
continuing education requirements in the current state of
licensure.
(f) If the license is inactive, the applicant shall submit
with the license application evidence of participation in
one-half the number of hours of acceptable continuing education
required for biennial renewal, as specified under Minnesota
Rules, up to five years. If the license has been inactive for
more than two years, the amount of acceptable continuing
education required must be obtained during the two years
immediately before application or the applicant must provide
other evidence as the board may reasonably require.
Sec. 4. Minnesota Statutes 2002, section 153.19,
subdivision 1, is amended to read:
Subdivision 1. [GROUNDS LISTED.] The board may refuse to
grant a license or may impose disciplinary action as described
in this section against any doctor of podiatric medicine. The
following conduct is prohibited and is grounds for disciplinary
action:
(1) failure to demonstrate the qualifications or satisfy
the requirements for a license contained in this chapter or
rules of the board; the burden of proof shall be upon the
applicant to demonstrate the qualifications or satisfaction of
the requirements;
(2) obtaining a license by fraud or cheating or attempting
to subvert the licensing examination process;
(3) conviction, during the previous five years, of a felony
reasonably related to the practice of podiatric medicine;
(4) revocation, suspension, restriction, limitation, or
other disciplinary action against the person's podiatric medical
license in another state or jurisdiction, failure to report to
the board that charges regarding the person's license have been
brought in another state or jurisdiction, or having been refused
a license by any other state or jurisdiction;
(5) advertising that is false or misleading;
(6) violating a rule adopted by the board or an order of
the board, a state, or federal law that relates to the practice
of podiatric medicine, or in part regulates the practice of
podiatric medicine, or a state or federal narcotics or
controlled substance law;
(7) engaging in any unethical conduct; conduct likely to
deceive, defraud, or harm the public, or demonstrating a willful
or careless disregard for the health, welfare, or safety of a
patient; or podiatric medical practice that is professionally
incompetent, in that it may create unnecessary danger to any
patient's life, health, or safety, in any of which cases, proof
of actual injury need not be established;
(8) failure to supervise a preceptor or, resident, or other
graduate trainee or undergraduate student;
(9) aiding or abetting an unlicensed person in the practice
of podiatric medicine, except that it is not a violation of this
clause for a podiatrist to employ, supervise, or delegate
functions to a qualified person who may or may not be required
to obtain a license or registration to provide health services
if that person is practicing within the scope of that person's
license or registration or delegated authority;
(10) adjudication as mentally incompetent, or a person who
is mentally ill, or as a chemically dependent person, a person
dangerous to the public, a sexually dangerous person, or a
person who has a sexual psychopathic personality by a court of
competent jurisdiction, within or without this state;
(11) engaging in unprofessional conduct that includes any
departure from or the failure to conform to the minimal
standards of acceptable and prevailing podiatric medical
practice, but actual injury to a patient need not be
established;
(12) inability to practice podiatric medicine with
reasonable skill and safety to patients by reason of illness or
chemical dependency or as a result of any mental or physical
condition, including deterioration through the aging process or
loss of motor skills;
(13) revealing a privileged communication from or relating
to a patient except when otherwise required or permitted by law;
(14) improper management of medical records, including
failure to maintain adequate medical records, to comply with a
patient's request made under section 144.335 or to furnish a
medical record or report required by law;
(15) accepting, paying, or promising to pay a part of a fee
in exchange for patient referrals;
(16) engaging in abusive or fraudulent billing practices,
including violations of the federal Medicare and Medicaid laws
or state medical assistance laws;
(17) becoming addicted or habituated to a drug or
intoxicant;
(18) prescribing a drug for other than medically accepted
therapeutic or experimental or investigative purposes authorized
by a state or federal agency;
(19) engaging in sexual conduct with a patient or conduct
that may reasonably be interpreted by the patient as sexual, or
in verbal behavior which is seductive or sexually demeaning to a
patient;
(20) failure to make reports as required by section 153.24
or to cooperate with an investigation of the board as required
by section 153.20;
(21) knowingly providing false or misleading information
that is directly related to the care of that patient unless done
for an accepted therapeutic purpose such as the administration
of a placebo.
Sec. 5. Minnesota Statutes 2002, section 153.24,
subdivision 4, is amended to read:
Subd. 4. [INSURERS.] Four times a year as prescribed by
the board, by the first day of the months of February, May,
August, and November of each year, each insurer authorized to
sell insurance described in section 60A.06, subdivision 1,
clause (13), and providing professional liability insurance to
podiatrists shall submit to the board a report concerning the
podiatrists against whom podiatric medical malpractice
settlements or awards have been made to the plaintiff. The
report must contain at least the following information:
(1) the total number of podiatric malpractice settlements
or awards made to the plaintiff;
(2) the date the podiatric malpractice settlements or
awards to the plaintiff were made;
(3) the allegations contained in the claim or complaint
leading to the settlements or awards made to the plaintiff;
(4) the dollar amount of each podiatric malpractice
settlement or award;
(5) the regular address of the practice of the podiatrist
against whom an award was made or with whom a settlement was
made; and
(6) the name of the podiatrist against whom an award was
made or with whom a settlement was made.
The insurance company shall, in addition to the foregoing
information, report to the board any information it has that
tends to substantiate a charge that a podiatrist may have
engaged in conduct violating the law as specified in this
chapter.
Sec. 6. Minnesota Statutes 2002, section 153.25,
subdivision 1, is amended to read:
Subdivision 1. [REPORTING.] Any person, health care
facility, business, or organization is immune from civil
liability or criminal prosecution for submitting a report to the
board under section 153.24 or for otherwise reporting to the
board violations or alleged violations of section
153.19. Reports are confidential data on individuals under
section 13.02, subdivision 3, and are privileged communications.
Sec. 7. [REPEALER.]
Minnesota Rules, parts 6900.0020, subparts 3, 3a, 9, and
10; and 6900.0400, are repealed.
ARTICLE 9
APPLICATION FOR DESIGNATION OF AN ESSENTIAL COMMUNITY PROVIDER
Section 1. Minnesota Statutes 2003 Supplement, section
62Q.19, subdivision 2, is amended to read:
Subd. 2. [APPLICATION.] (a) Any provider may apply to the
commissioner for designation as an essential community provider
by submitting an application form developed by the
commissioner. Except as provided in paragraphs (d) and (e),
applications must be accepted within two years after the
effective date of the rules adopted by the commissioner to
implement this section.
(b) Each application submitted must be accompanied by an
application fee in an amount determined by the commissioner.
The fee shall be no more than what is needed to cover the
administrative costs of processing the application.
(c) The name, address, contact person, and the date by
which the commissioner's decision is expected to be made shall
be classified as public data under section 13.41. All other
information contained in the application form shall be
classified as private data under section 13.41 until the
application has been approved, approved as modified, or denied
by the commissioner. Once the decision has been made, all
information shall be classified as public data unless the
applicant designates and the commissioner determines that the
information contains trade secret information.
(d) The commissioner shall accept an application for
designation as an essential community provider until June 30,
2001 2004, from:
(1) one applicant that is a nonprofit community health care
facility, services agency certified as a medical assistance
provider effective April 1, 1998, that provides culturally
competent health care to an underserved Southeast Asian
immigrant and refugee population residing in the immediate
neighborhood of the facility;
(2) one applicant that is a nonprofit home health care
provider, certified as a Medicare and a medical assistance
provider that provides culturally competent home health care
services to a low-income culturally diverse population;
(3) up to five applicants that are nonprofit community
mental health centers certified as medical assistance providers
that provide mental health services to children with serious
emotional disturbance and their families or to adults with
serious and persistent mental illness; and
(4) one applicant that is a nonprofit provider certified as
a medical assistance provider that provides mental health, child
development, and family services to children with physical and
mental health disorders and their families.
(e) The commissioner shall accept an application for
designation as an essential community provider until June 30,
2003, from one applicant that is a nonprofit community clinic
located in Hennepin County that provides health care to an
underserved American Indian population and that is collaborating
with other neighboring organizations on a community diabetes
project and an immunization project. mental health, behavioral
health, chemical dependency, employment, and health wellness
services to the underserved Spanish-speaking Latino families and
individuals with locations in Minneapolis and St. Paul.
Sec. 2. [EFFECTIVE DATE.]
Section 1 is effective the day following final enactment.
ARTICLE 10
EDUCATION AND PRECAUTIONS REGARDING VACCINES
Section 1. Minnesota Statutes 2003 Supplement, section
121A.15, subdivision 3a, is amended to read:
Subd. 3a. [DISCLOSURES REQUIRED.] (a) This paragraph
applies to any written information about immunization
requirements for enrollment in a school or child care facility
that:
(1) is provided to a person to be immunized or enrolling or
enrolled in a school or child care facility, or to the person's
parent or guardian if the person is under 18 years of age and
not emancipated; and
(2) is provided by the Department of Health; the Department
of Education; the Department of Human Services; an immunization
provider; or a school or child care facility.
Such written information must describe the exemptions from
immunizations permitted under subdivision 3, paragraphs (c) and
(d). The information on exemptions from immunizations provided
according to this paragraph must be in a font size at least
equal to the font size of the immunization requirements, in the
same font style as the immunization requirements, and on the
same page of the written document as the immunization
requirements.
(b) Before immunizing a person, an immunization provider
must provide the person, or the person's parent or guardian if
the person is under 18 years of age and not emancipated, with
the following information in writing:
(1) a list of the immunizations required for enrollment in
a school or child care facility;
(2) a description of the exemptions from immunizations
permitted under subdivision 3, paragraphs (c) and (d);
(3) a list of additional immunizations currently
recommended by the commissioner; and
(4) in accordance with federal law, a copy of the vaccine
information sheet from the federal Department of Health and
Human Services that lists possible adverse reactions to the
immunization to be provided.
(c) The commissioner will continue the educational campaign
to providers and hospitals on vaccine safety including, but not
limited to, information on the vaccine adverse events reporting
system (VAERS), the federal vaccine information statements
(VIS), and medical precautions and contraindications to
immunizations.
(d) The commissioner will encourage providers to provide
the vaccine information statements at multiple visits and in
anticipation of subsequent immunizations.
(e) The commissioner will encourage providers to use
existing screening for immunization precautions and
contraindication materials and make proper use of the vaccine
adverse events reporting system (VAERS).
(f) In consultation with groups and people identified in
subdivision 12, paragraph (a), clause (1), the commissioner will
continue to develop and make available patient education
materials on immunizations including, but not limited to,
contraindications and precautions regarding vaccines.
(g) The commissioner will encourage health care providers
to use thimerosal-free vaccines when available.
Sec. 2. Minnesota Statutes 2003 Supplement, section
121A.15, subdivision 12, is amended to read:
Subd. 12. [MODIFICATIONS TO SCHEDULE.] (a) The
commissioner of health may adopt modifications to the
immunization requirements of this section. A proposed
modification made under this subdivision must be part of the
current immunization recommendations of each of the following
organizations: the United States Public Health Service's
Advisory Committee on Immunization Practices, the American
Academy of Family Physicians, and the American Academy of
Pediatrics. In proposing a modification to the immunization
schedule, the commissioner must:
(1) consult with (i) the commissioner of education; the
commissioner of human services; the chancellor of the Minnesota
State Colleges and Universities; and the president of the
University of Minnesota; and (ii) the Minnesota Natural Health
Coalition, Vaccine Awareness Minnesota, Biological Education for
Autism Treatment (BEAT), the Minnesota Academy of Family
Physicians, the American Academy of Pediatrics-Minnesota
Chapter, and the Minnesota Nurses Association; and
(2) consider the following criteria: the epidemiology of
the disease, the morbidity and mortality rates for the disease,
the safety and efficacy of the vaccine, the cost of a
vaccination program, the cost of enforcing vaccination
requirements, and a cost-benefit analysis of the vaccination.
(b) Before a proposed modification may be adopted, the
commissioner must notify the chairs of the house and senate
committees with jurisdiction over health policy issues. If the
chairs of the relevant standing committees determine a public
hearing regarding the proposed modifications is in order, the
hearing must be scheduled within 60 days of receiving notice
from the commissioner. If a hearing is scheduled, the
commissioner may not adopt any proposed modifications until
after the hearing is held.
(c) The commissioner shall comply with the requirements of
chapter 14 regarding the adoption of any proposed modifications
to the immunization schedule.
(d) In addition to the publication requirements of chapter
14, the commissioner of health must inform all immunization
providers of any adopted modifications to the immunization
schedule in a timely manner.
ARTICLE 11
MISCELLANEOUS
Section 1. Minnesota Statutes 2002, section 144E.01,
subdivision 5, is amended to read:
Subd. 5. [STAFF.] The board shall appoint an executive
director who shall serve in the unclassified service and may
appoint other staff. The service of the executive director
shall be subject to the terms described in section 214.04,
subdivision 2a.
Sec. 2. Minnesota Statutes 2002, section 147.01,
subdivision 5, is amended to read:
Subd. 5. [EXPENSES; STAFF.] The Board of Medical Practice
shall provide blanks, books, certificates, and such stationery
and assistance as is necessary for the transaction of the
business pertaining to the duties of such board. The expenses
of administering this chapter shall be paid from the
appropriations made to the Board of Medical Practice. The board
shall employ an executive director subject to the terms
described in section 214.04, subdivision 2a.
Sec. 3. Minnesota Statutes 2002, section 148.191,
subdivision 1, is amended to read:
Subdivision 1. [OFFICERS; STAFF.] The board shall elect
from its members a president, a vice-president, and a
secretary-treasurer who shall each serve for one year or until a
successor is elected and qualifies. The board shall appoint and
employ an executive director subject to the terms described in
section 214.04, subdivision 2a, and may employ such persons as
may be necessary to carry on its work. A majority of the board,
including one officer, shall constitute a quorum at any meeting.
Sec. 4. Minnesota Statutes 2002, section 148B.19,
subdivision 4, is amended to read:
Subd. 4. [OFFICERS AND EXECUTIVE DIRECTOR.] The board
shall annually elect from its membership a chair, vice-chair,
and secretary-treasurer, and shall adopt rules to govern its
proceedings. The board shall appoint and employ an executive
director who is not a member of the board. The employment of
the executive director shall be subject to the terms described
in section 214.04, subdivision 2a.
Sec. 5. Minnesota Statutes 2003 Supplement, section
148B.51, is amended to read:
148B.51 [BOARD OF BEHAVIORAL HEALTH AND THERAPY.]
The Board of Behavioral Health and Therapy consists of 13
members appointed by the governor. Five of the members shall be
professional counselors licensed or eligible for licensure under
sections 148B.50 to 148B.593. Five of the members shall be
alcohol and drug counselors licensed under chapter 148C. Three
of the members shall be public members as defined in section
214.02. The board shall annually elect from its membership a
chair and vice-chair. The board shall appoint and employ an
executive director who is not a member of the board. The
employment of the executive director shall be subject to the
terms described in section 214.04, subdivision 2a. Chapter 214
applies to the Board of Behavioral Health and Therapy unless
superseded by sections 148B.50 to 148B.593.
Sec. 6. Minnesota Statutes 2002, section 214.04, is
amended by adding a subdivision to read:
Subd. 2a. [PERFORMANCE OF EXECUTIVE DIRECTORS.] The
governor may request that a health-related licensing board or
the Emergency Medical Services Regulatory Board review the
performance of the board's executive director. Upon receipt of
the request, the board must respond by establishing a
performance improvement plan or taking disciplinary or other
corrective action, including dismissal. The board shall include
the governor's representative as a voting member of the board in
the board's discussions and decisions regarding the governor's
request. The board shall report to the governor on action taken
by the board, including an explanation if no action is deemed
necessary.
Sec. 7. Laws 2002, chapter 402, section 21, is amended to
read:
Sec. 21. [SUNSET.]
Sections 1 to 19 expire August 1, 2004 2005.
Sec. 8. [HEALTH STUDY.]
(a) The commissioner of health must prepare a plan for the
development and implementation of a statewide public health data
management system in cooperation and consultation with
representatives of local public health departments. The plan
must provide state and local public health departments with a
cost-effective, reliable means for collecting, utilizing, and
disseminating public health data. The plan must include cost
estimates for the planning and development of a statewide
system. Nothing in this section requires the commissioner to
collect additional health data.
(b) The plan must be completed and presented to the
legislature by January 15, 2005. The plan must comply with
Minnesota Statutes, sections 3.195 and 3.197.
Sec. 9. [EFFECTIVE DATE.]
Section 1 is effective the day following final enactment.
Presented to the governor May 18, 2004
Signed by the governor May 29, 2004, 12:05 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes