language to be deleted (2) new language
relating to health licensing; modifying the Minnesota Athletic Trainers Act and Minnesota Psychology Practice Act;
amending Minnesota Statutes 2016, sections 148.7802, subdivisions 2, 3, 6, 9; 148.7803; 148.7804; 148.7805, subdivisions 1, 3; 148.7806; 148.7808, subdivision 1; 148.7809, subdivisions 1, 2, 4; 148.7810, subdivisions 1, 3; 148.7811; 148.7812, subdivisions 1, 2, 4; 148.7813, subdivision 5; 148.7815; 148.915; Minnesota Statutes 2017 Supplement, section 148.925, subdivisions 5, 6; repealing Minnesota Statutes 2016, sections 148.7808, subdivisions 3, 4, 5; 148.7812, subdivisions 3, 5.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
"Approved continuing education program" means a continuing education program that meets the continuing education requirements in section 148.7812 and is approved by the board.
"Approved education program" means a university, college, or other postsecondary education program of athletic training that, at the time the student completes the program, is approved or accredited by a nationally recognized accreditation agency for athletic training education programs approved by the board.
"Credentialing examination" means an examination administered by the Board of Certification, or the board's recognized successor, for credentialing as an athletic trainer, or an examination for credentialing offered by a national testing service that is approved by the board.
A person shall not use in connection with the person's name the words or letters registered athletic trainer; licensed athletic trainer; Minnesota registered athletic trainer; athletic trainer; AT; ATR; or any words, letters, abbreviations, or insignia indicating or implying that the person is an athletic trainer, without a certificate of registration as an athletic trainer issued under sections 148.7808 to 148.7810. A student attending a college or university athletic training program must be identified as an "athletic training student."
A person who violates this section is guilty of a misdemeanor and subject to section 214.11.
The board, acting under the advice of the Athletic Trainers Advisory Council, shall issue all registrations and shall exercise the following powers and duties:
(2) prescribe registration application forms, certificate of registration forms, protocol forms, and other necessary forms;
(3) approve a registration examination;
(4) keep a complete record of registered athletic trainers, prepare a current official listing of the names and addresses of registered athletic trainers, and make a copy of the list available to any person requesting it upon payment of a copying fee established by the board;
(5) keep a permanent record of all its proceedings; and
(6) establish the duties of, and employ, clerical personnel.
The Athletic Trainers Advisory Council is created and is composed of eight members appointed by the board. The advisory council consists of:
(1) two public members as defined in section 214.02;
(2) three members who are registered athletic trainers, one being both a licensed physical therapist and registered athletic trainer as submitted by the Minnesota American Physical Therapy Association;
(3) two members who are medical physicians licensed by the state and have experience with athletic training and sports medicine; and
(4) one member who is a doctor of chiropractic licensed by the state and has experience with athletic training and sports injuries.
The advisory council shall:
(1) advise the board regarding standards for athletic trainers;
(2) distribute information regarding athletic trainer standards;
(4) review registration and registration renewal applications and make recommendations to the board;
(6) review investigation reports of complaints and recommend to the board whether disciplinary action should be taken;
(7) advise the board regarding evaluation and treatment protocols;
(8) advise the board regarding approval of continuing education programs; and
(9) perform other duties authorized for advisory councils under chapter 214, as directed by the board.
Athletic training by a registered athletic trainer under section 148.7808 includes the activities described in paragraphs (a) to (e).
(a) An athletic trainer shall:
(1) prevent, recognize, and evaluate athletic injuries;
(2) give emergency care and first aid;
(3) manage and treat athletic injuries; and
(4) rehabilitate and physically recondition athletic injuries.
The athletic trainer may use modalities such as cold, heat, light, sound, electricity, exercise, and mechanical devices for treatment and rehabilitation of athletic injuries to athletes in the primary employment site.
(b) The primary physician shall establish evaluation and treatment protocols to be used by the athletic trainer. The primary physician shall record the protocols on a form prescribed by the board. The protocol form must be updated yearly at the athletic trainer's registration renewal time and kept on file by the athletic trainer.
(c) At the primary employment site, except in a corporate setting, an athletic trainer may evaluate and treat an athlete for an athletic injury not previously diagnosed for not more than 30 days, or a period of time as designated by the primary physician on the protocol form, from the date of the initial evaluation and treatment. Preventative care after resolution of the injury is not considered treatment. This paragraph does not apply to a person who is referred for treatment by a person licensed in this state to practice medicine as defined in section 147.081, to practice chiropractic as defined in section 148.01, to practice podiatry as defined in section 153.01, or to practice dentistry as defined in section 150A.05 and whose license is in good standing.
(d) An athletic trainer may:
(1) organize and administer an athletic training program including, but not limited to, educating and counseling athletes;
(2) monitor the signs, symptoms, general behavior, and general physical response of an athlete to treatment and rehabilitation including, but not limited to, whether the signs, symptoms, reactions, behavior, or general response show abnormal characteristics; and
(3) make suggestions to the primary physician or other treating provider for a modification in the treatment and rehabilitation of an injured athlete based on the indicators in clause (2).
(e) In a clinical, corporate, and physical therapy setting, when the service provided is, or is represented as being, physical therapy, an athletic trainer may work only under the direct supervision of a physical therapist as defined in section 148.65.
The board may issue a certificate of registration as an athletic trainer to applicants who meet the requirements under this section. An applicant for registration as an athletic trainer shall
pay a fee under section 148.7815 and
file a written application on a form, provided by the board, that includes:
(1) the applicant's name, Social Security number, home address and telephone number, business address and telephone number, and business setting;
(2) evidence satisfactory to the board of the successful completion of an education program approved by the board;
(3) educational background;
(4) proof of a baccalaureate or master's degree from an accredited college or university;
(5) credentials held in other jurisdictions;
(6) a description of any other jurisdiction's refusal to credential the applicant;
(7) a description of all professional disciplinary actions initiated against the applicant in any other jurisdiction;
(8) any history of drug or alcohol abuse, and any misdemeanor or felony conviction;
(9) evidence satisfactory to the board of a qualifying score on a credentialing examination;
(10) additional information as requested by the board;
(11) the applicant's signature on a statement that the information in the application is true and correct to the best of the applicant's knowledge and belief; and
(12) the applicant's signature on a waiver authorizing the board to obtain access to the applicant's records in this state or any other state in which the applicant has completed an education program approved by the board or engaged in the practice of athletic training.
A registered athletic trainer shall apply to the board for a one-year extension of registration by paying a fee under section 148.7815 and filing An application on a form provided by the board that includes:
(1) the athletic trainer's name, Minnesota athletic trainer registration number, home address and telephone number, business address and telephone number, and business setting;
(2) work history for the past year, including the average number of hours worked per week;
(3) a report of any change in status since initial registration or previous registration renewal;
(4) evidence satisfactory to the board of having met the continuing education requirements of section 148.7812;
(5) the athletic trainer's signature on a statement that a current copy of the protocol form is on file at the athletic trainer's primary employment site; and
(6) additional information as requested by the board
Before June 1 of each year, The board shall send out a renewal notice to an athletic trainer's last known address on file with the board. The notice shall include an application for registration renewal and notice of the fees required for renewal. An athletic trainer who does not receive a renewal notice must still meet the requirements for registration renewal under this section.
(a) Except as provided in paragraph (b), an athletic trainer whose registration has lapsed must:
(1) apply for registration renewal under this section; and
(2) submit evidence satisfactory to the board from a licensed medical physician verifying employment in athletic training for eight weeks every three years during the time of the lapse in registration.
(b) The board shall not renew, reissue, reinstate, or restore a registration that has lapsed after June 30, 1999, and has not been renewed within two annual renewal cycles starting July 1, 2001. An athletic trainer whose registration is canceled for nonrenewal must obtain a new registration by applying for registration and fulfilling all requirements then in existence for an initial registration.
The board or advisory council, with the approval of the board, may verify information provided by an applicant for registration under section 148.7808 and registration renewal under section 148.7809 to determine whether the information is accurate and complete.
An applicant denied registration shall be notified of the determination, and the grounds for it, and may request a hearing on the determination under Minnesota Rules, part 5615.0300, by filing a written statement of issues with the board within 20 days after receipt of the notice from the board. After the hearing, the board shall notify the applicant in writing of its decision.
A registered athletic trainer must notify the board, in writing, within 30 days of a change of address.
An athletic trainer shall complete during every three-year period at least the equivalent of 60 contact hours of continuing professional postdegree education in programs approved by the board.
The board shall approve a continuing education program that has been approved for continuing education credit by the Board of Certification, or the board's recognized successor.
The board shall periodically select a random sample of athletic trainers and require the athletic trainers to show evidence to the board of having completed the continuing education requirements attested to by the athletic trainer. Either the athletic trainer or state or national organizations that maintain continuing education records may provide to the board documentation of attendance at a continuing education program.
The board shall establish fees as follows:
(1) application fee, $50;
(2) annual registration fee, $100;
(3) temporary registration, $100; and
(4) temporary permit, $50.
The penalty for late submission of a registration renewal application under section 148.7809 is $15.
The fees in this section are nonrefundable.
(a) The board may grant a license to an applicant who meets the following requirements:
(1) submits to the board a notarized application for licensure as a licensed psychologist by reciprocity;
(2) at the time of application, is licensed, certified, or registered to practice psychology in another state or jurisdiction, and has been for at least five consecutive years immediately preceding the date of application;
(3) has a doctoral degree in psychology, which formed the basis for current licensure in another state or jurisdiction;
(4) is of good moral character and has no pending complaints or active disciplinary or corrective actions in any jurisdiction; and
(5) passes the Professional Responsibility Examination administered by the board and pays the fee associated with sitting for the examination.
(b) If by the laws of any state or the rulings or decisions of the appropriate officers or boards thereof, any burden, obligation, requirement, disqualification, or disability is put upon licensed psychologists licensed and in good standing in this state, affecting the right of these licensed psychologists to be registered or licensed in that state, then the same or like burden, obligation, requirement, disqualification, or disability may be put upon the licensure in this state of licensed psychologists licensed in that state.
Supervision of an applicant for licensure as a licensed psychologist shall include at least two hours of regularly scheduled in-person consultations per week For full-time employment, one hour of which shall be with the supervisor on an individual basis. The remaining hour may be with a designated supervisor. The board may approve an exception to the weekly supervision requirement for a week when the supervisor was ill or otherwise unable to provide supervision. The board may prorate the two hours per week of supervision for individuals preparing for licensure on a part-time basis. Supervised psychological employment does not qualify for licensure when the supervisory consultation is not adequate as described in subdivision 1, or in the board rules.
Applicants preparing for licensure as a licensed psychologist during their postdegree supervised psychological employment may perform as part of their training any of the services specified in section 148.89, subdivision 5, but only under qualified supervision.
Presented to the governor May 14, 2018
Signed by the governor May 17, 2018, 3:01 p.m.