1.1                          A bill for an act 
  1.2             relating to health occupations; modifying licensure 
  1.3             requirements for occupational therapists whose 
  1.4             licenses have lapsed for more than four years; 
  1.5             amending Minnesota Statutes 2002, section 148.6425, 
  1.6             subdivision 3.  
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 2002, section 148.6425, 
  1.9   subdivision 3, is amended to read: 
  1.10     Subd. 3.  [LICENSURE RENEWAL FOUR YEARS OR MORE AFTER 
  1.11  LICENSURE EXPIRATION DATE.] (a) An individual who requests 
  1.12  licensure renewal four years or more after the licensure 
  1.13  expiration date must submit the following: 
  1.14     (1) a completed and signed application for licensure on 
  1.15  forms provided by the commissioner; 
  1.16     (2) the renewal fee and the late fee required under section 
  1.17  148.6445 if renewal application is based on paragraph (b), 
  1.18  clause (1), (2), or (3), or the renewal fee required under 
  1.19  section 148.6445 if renewal application is based on paragraph 
  1.20  (b), clause (4); 
  1.21     (3) proof of having met the continuing education 
  1.22  requirement for the most recently completed two-year continuing 
  1.23  education cycle; and 
  1.24     (4) at the time of the next licensure renewal, proof of 
  1.25  having met the continuing education requirement, which shall be 
  1.26  prorated based on the number of months licensed during the 
  2.1   biennial licensure period. 
  2.2      (b) In addition to the requirements in paragraph (a), the 
  2.3   applicant must submit proof of one of the following: 
  2.4      (1) verified documentation of successful completion of 160 
  2.5   hours of supervised practice approved by the commissioner as 
  2.6   described in paragraph (c); 
  2.7      (2) verified documentation of having achieved a qualifying 
  2.8   score on the credentialing examination for occupational 
  2.9   therapists or the credentialing examination for occupational 
  2.10  therapy assistants administered within the past year; ~~or~~ 
  2.11     (3) documentation of having completed a combination of 
  2.12  occupational therapy courses or an occupational therapy 
  2.13  refresher program that contains both a theoretical and clinical 
  2.14  component approved by the commissioner.  Only courses completed 
  2.15  within one year preceding the date of the application or one 
  2.16  year after the date of the application qualify for approval; or 
  2.17     (4) evidence that the applicant holds a current and 
  2.18  unrestricted credential for the practice of occupational therapy 
  2.19  in another jurisdiction and that the applicant's credential from 
  2.20  that jurisdiction has been held in good standing during the 
  2.21  period of lapse. 
  2.22     (c) To participate in a supervised practice as described in 
  2.23  paragraph (b), clause (1), the applicant shall obtain limited 
  2.24  licensure.  To apply for limited licensure, the applicant shall 
  2.25  submit the completed limited licensure application, fees, and 
  2.26  agreement for supervision of an occupational therapist or 
  2.27  occupational therapy assistant practicing under limited 
  2.28  licensure signed by the supervising therapist and the 
  2.29  applicant.  The supervising occupational therapist shall state 
  2.30  the proposed level of supervision on the supervision agreement 
  2.31  form provided by the commissioner.  The supervising therapist 
  2.32  shall determine the frequency and manner of supervision based on 
  2.33  the condition of the patient or client, the complexity of the 
  2.34  procedure, and the proficiencies of the supervised occupational 
  2.35  therapist.  At a minimum, a supervising occupational therapist 
  2.36  shall be on the premises at all times that the person practicing 
  3.1   under limited licensure is working; be in the room ten percent 
  3.2   of the hours worked each week by the person practicing under 
  3.3   limited licensure; and provide daily face-to-face collaboration 
  3.4   for the purpose of observing service competency of the 
  3.5   occupational therapist or occupational therapy assistant, 
  3.6   discussing treatment procedures and each client's response to 
  3.7   treatment, and reviewing and modifying, as necessary, each 
  3.8   treatment plan.  The supervising therapist shall document the 
  3.9   supervision provided.  The occupational therapist participating 
  3.10  in a supervised practice is responsible for obtaining the 
  3.11  supervision required under this paragraph and must comply with 
  3.12  the commissioner's requirements for supervision during the 
  3.13  entire 160 hours of supervised practice.  The supervised 
  3.14  practice must be completed in two months and may be completed at 
  3.15  the applicant's place of work. 
  3.16     (d) In addition to the requirements in paragraphs (a) and 
  3.17  (b), the applicant must submit additional information as 
  3.18  requested by the commissioner to clarify information in the 
  3.19  application, including information to determine whether the 
  3.20  applicant has engaged in conduct warranting disciplinary action 
  3.21  as set forth in section 148.6448.  The information must be 
  3.22  submitted within 30 days after the commissioner's request. 
  3.23     Sec. 2.  [EFFECTIVE DATE.] 
  3.24     Section 1 is effective the day following final enactment.