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Minnesota Administrative Rules

5220.1500 PROCEDURE FOR REGISTRATION AS QUALIFIED REHABILITATION CONSULTANT.

Subpart 1.

Application to become a qualified rehabilitation consultant intern.

An individual desiring to receive approval and registration as a qualified rehabilitation consultant intern shall submit to the commissioner, a complete application consisting of the following:

A.

completed, signed, and notarized application form;

B.

copy of any pertinent license or certification or documentation showing how certification will be obtained within three years from the date of registration;

C.

documentation supporting any applicable experience requirements;

D.

official transcripts of all pertinent postsecondary education;

E.

the annual registration application fee of $100; and

F.

a plan of supervision as required by part 5220.1400, subpart 3a.

Qualified rehabilitation consultant applicants employed by the vocational rehabilitation unit of the Department of Labor and Industry are exempt from payment under this subpart.

Subp. 1a.

Approval of registration as qualified rehabilitation consultant intern.

Where the requirements for registration are met, the commissioner shall issue a letter to the applicant so indicating within 60 days of receiving the completed application. After registration has been approved, the registration application fee is not refundable. If the requirements for qualified rehabilitation consultant intern are not met, the commissioner shall issue a decision and order denying registration to the applicant within 60 days of receipt of the completed application. If the application for registration is not approved, one-half of the registration application fee may be refunded.

Subp. 2.

Appeal process.

The appeal process provides a mechanism for applicants to request reconsideration of a decision and order denying registration or renewal of registration.

A written notice of appeal shall be filed with the commissioner within 30 days of filing and service of the order. If the appeal is for denial of renewal of registration, the filing will stay the effect of the denial until final disposition.

The appeal shall be referred to the rehabilitation review panel according to Minnesota Statutes, section 176.102, subdivision 3.

Subp. 3.

Registration number and renewal.

The commissioner shall assign a registration number to each registered rehabilitation provider.

Registration must be renewed annually. A rehabilitation provider shall request renewal on a form prescribed by the commissioner. Application for renewal is due 60 days before expiration of registration, accompanied by the appropriate registration fee. Registration renewal applications that are not complete, are not accompanied by the registration renewal fee, or are not accompanied by documentation of certification or satisfactory documentation of continuing education will be returned to the applicant for completion. Completed registration renewal applications received later than the due date shall be assessed a $25 late fee. Registration renewal applications received more than 30 days after the due date shall be assessed an additional $10 per day late fee for each day after the request is 30 days late. No late fee in excess of $125 may be assessed.

A qualified rehabilitation consultant or qualified rehabilitation consultant intern who does not file a complete and timely application for renewal of registration along with payment of all required fees shall not continue to provide rehabilitation services pursuant to Minnesota Statutes, section 176.102, beyond the expiration date.

Qualified rehabilitation consultant's employed by the vocational rehabilitation unit of the Department of Labor and Industry are exempt from payment under this subpart.

Failure to meet the standards of performance and professional conduct contained in parts 5220.1800 and 5220.1801, or the violation of any provisions of Minnesota Statutes, chapter 176, parts 5220.0100 to 5220.1900, or orders issued under the statutes or rules, constitute grounds for denial of registration renewal as a qualified rehabilitation consultant or qualified rehabilitation consultant intern under Minnesota Statutes, section 176.102, subdivision 3, discipline under Minnesota Statutes, section 176.102, subdivision 3a, or delay of completion of internship. The decision of the commissioner may be appealed as provided in subpart 2.

Subp. 3a.

Continuing education.

To retain registration, a qualified rehabilitation consultant or qualified rehabilitation consultant intern shall submit satisfactory documentation of current certification required by part 5220.1400, subpart 2. A qualified rehabilitation consultant intern who is not yet certified shall submit satisfactory documentation of continuing education pertinent to the workers' compensation rehabilitation field equivalent to 20 contact hours each year at the time registration is renewed. Continuing education includes, but is not limited to, the following:

A.

postsecondary course work in rehabilitation related fields, including vocational rehabilitation, medical rehabilitation, psychology of disability, and occupational safety;

B.

publicly or privately sponsored training in rehabilitation related fields, including vocational rehabilitation, medical rehabilitation, psychology of disability, and occupational safety;

C.

continuing legal education courses about workers' compensation law; and

D.

rehabilitation related training sponsored and approved by the commissioner.

Satisfactory documentation shall include legible certificates of attendance bearing the name of the participant that are signed and dated by the sponsoring institution or organization. Receipts for tuition are not acceptable as satisfactory documentation of attendance.

Continuing education units must be obtained in the 12-month period immediately preceding the date on which registration renewal forms are due.

The Department of Labor and Industry's rehabilitation provider update sessions when held are mandatory for all rehabilitation providers.

Nonattendance at the mandatory orientation or update sessions is prohibited conduct for rehabilitation providers, but may be allowed only for emergency situations and must be reported to the commissioner.

Subp. 4.

Inactive status.

A qualified rehabilitation consultant or a qualified rehabilitation consultant intern may move to inactive status upon written notification to the department. Individuals on inactive status may apply for reinstatement of registration by providing verification to the commissioner of all of the following:

A.

current certification as required by part 5220.1400;

B.

attendance at the most recent update session or a recording of that session;

C.

documentation of continuing education requirements as provided by subpart 3a;

D.

payment of any applicable late fees if the applicant failed to notify the commissioner that registration renewal was not being sought; and

E.

if the applicant has been on inactive status or has failed to renew registration for more than two years, the applicant must also complete an orientation training session before acceptance is final.

An order denying renewal of registration may be appealed to the rehabilitation review panel according to Minnesota Statutes, section 176.102, subdivision 3.

Subp. 5.

Monitoring.

The commissioner shall review the professional activities and services of rehabilitation providers to determine if they are reasonable and comply with the standards of performance and professional conduct contained in parts 5220.1800 and 5220.1801, the provisions of Minnesota Statutes, chapter 176, parts 5220.0100 to 5220.1900, and orders issued under the statutes or rules.

Subp. 6.

Revocation.

The revocation process shall be conducted as provided in Minnesota Statutes, section 176.102, subdivision 3a.

Statutory Authority:

MS s 16A.128; 176.102; 176.83

History:

8 SR 1777; 9 SR 1478; 11 SR 2237; 14 SR 375; 16 SR 2520; 17 SR 3361; 29 SR 1480

Published Electronically:

June 11, 2008

700 State Office Building, 100 Rev. Dr. Martin Luther King Jr. Blvd., St. Paul, MN 55155 ♦ Phone: (651) 296-2868 ♦ TTY: 1-800-627-3529 ♦ Fax: (651) 296-0569