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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 immorali