CHAPTER 148. PUBLIC HEALTH OCCUPATIONS
Table of SectionsSection | Headnote |
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CHIROPRACTORS |
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148.01 | CHIROPRACTIC. |
148.02 | CHIROPRACTORS; STATE BOARD OF EXAMINERS. |
148.03 | APPOINTMENT. |
148.031 | CONTINUING EDUCATION. |
148.04 | PROCEDURE. |
148.05 | LICENSE AND FEE. |
148.06 | APPLICATION; EXAMINATION; LICENSE; FEE. |
148.07 | RENEWAL FEES; EXPENSES. |
148.08 | RULES. |
148.09 | INDEPENDENT EXAMINATION. |
148.10 | LICENSES REVOKED; NEW LICENSES. |
148.101 | Repealed, 1987 c 345 s 14
|
148.102 | REPORTS OF STATE OR LOCAL SOCIETIES. |
148.103 | IMMUNITY FOR REPORTING OR INVESTIGATING. |
148.104 | COOPERATION DURING INVESTIGATIONS. |
148.105 | VIOLATION. |
148.106 | PEER REVIEW OF SERVICES AND FEES. |
148.108 | 148.108 FEES. |
148.11 | Repealed, 1963 c 45 s 12
|
148.12 | Repealed, 1963 c 45 s 12
|
148.13 | Repealed, 1963 c 45 s 12
|
148.14 | Repealed, 1963 c 45 s 12
|
148.15 | Repealed, 1963 c 45 s 12
|
148.16 | Repealed, 1963 c 45 s 12
|
148.17 | Repealed, 1945 c 242 s 14
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NURSES |
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148.171 | DEFINITIONS; TITLE. |
148.18 | Repealed, 1945 c 242 s 14
|
148.181 | BOARD OF NURSING MEMBERSHIP, VACANCIES, DISCLOSURE. |
148.19 | Repealed, 1945 c 242 s 14
|
148.191 | OFFICERS; STAFF; POWERS. |
148.20 | Repealed, 1945 c 242 s 14
|
148.201 | Repealed, 1975 c 136 s 77
|
148.21 | Repealed, 1945 c 242 s 14
|
148.211 | LICENSING. |
148.212 | TEMPORARY PERMIT. |
148.22 | Repealed, 1945 c 242 s 14
|
148.221 | Repealed, 1989 c 194 s 22
|
148.23 | Repealed, 1945 c 242 s 14
|
148.231 | REGISTRATION; FAILURE TO REGISTER; REREGISTRATION; VERIFICATION. |
148.232 | REGISTRATION OF PUBLIC HEALTH NURSES. |
148.233 | IDENTIFICATION OF CERTIFIED REGISTERED NURSES. |
148.234 | STATE BOUNDARIES CONSIDERATION. |
148.235 | PRESCRIBING DRUGS AND THERAPEUTIC DEVICES. |
148.236 | Repealed, 1995 c 212 art 3 s 60; 1995 c 234 art 8 s 57
|
148.24 | Repealed, 1945 c 242 s 14
|
148.241 | EXPENSES. |
148.25 | Repealed, 1945 c 242 s 14
|
148.251 | NURSING PROGRAM. |
148.26 | Repealed, 1945 c 242 s 14
|
148.261 | GROUNDS FOR DISCIPLINARY ACTION. |
148.262 | FORMS OF DISCIPLINARY ACTION; AUTOMATIC SUSPENSION; TEMPORARY SUSPENSION; REISSUANCE. |
148.263 | REPORTING OBLIGATIONS. |
148.264 | IMMUNITY. |
148.265 | NURSE COOPERATION. |
148.266 | DISCIPLINARY RECORD ON JUDICIAL REVIEW. |
148.267 | REPORTS TO THE COMMISSIONER OF HEALTH. |
148.27 | Repealed, 1945 c 242 s 14
|
148.271 | EXEMPTIONS. |
148.272 | Repealed, 1989 c 194 s 22
|
148.28 | Repealed, 1945 c 242 s 14
|
148.281 | VIOLATIONS; PENALTY. |
148.282 | Repealed, 1975 c 360 s 25
|
148.283 | UNAUTHORIZED PRACTICE OF PROFESSIONAL, ADVANCED PRACTICE REGISTERED, AND PRACTICAL NURSING. |
148.284 | CERTIFICATION OF ADVANCED PRACTICE REGISTERED NURSES. |
148.285 | TRANSFER OF ASSETS. |
148.286 | Repealed, 1989 c 194 s 22
|
148.29 | Repealed, 1989 c 194 s 22
|
148.291 | Repealed, 1989 c 194 s 22
|
148.292 | Repealed, 1989 c 194 s 22
|
148.293 | Repealed, 1989 c 194 s 22
|
148.294 | Repealed, 1989 c 194 s 22
|
148.295 | MS 1953 Renumbered 120.44
148.295 MS 1988 Repealed, 1989 c 194 s 22
|
148.296 | Repealed, 1989 c 194 s 22
|
148.297 | Repealed, 1989 c 194 s 22
|
148.298 | Repealed, 1989 c 194 s 22
|
148.299 | Repealed, 1989 c 194 s 22
|
148.30 | Repealed, 1999 c 162 s 16
|
148.31 | Repealed, 1999 c 162 s 16
|
148.32 | Repealed, 1999 c 162 s 16
|
148.33 | Repealed, 1974 c 62 s 4
|
148.34 | Repealed, 1974 c 62 s 4
|
148.35 | Repealed, 1974 c 62 s 4
|
148.36 | Repealed, 1974 c 62 s 4
|
148.37 | Repealed, 1974 c 62 s 4
|
148.38 | Repealed, 1967 c 845 s 14
|
148.39 | Repealed, 1967 c 845 s 14
|
148.40 | Repealed, 1967 c 845 s 14
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148.41 | Repealed, 1974 c 62 s 4
|
148.42 | Repealed, 1967 c 845 s 14
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148.43 | Repealed, 1974 c 62 s 4
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148.44 | Repealed, 1967 c 845 s 14
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148.45 | Repealed, 1974 c 62 s 4
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148.46 | Repealed, 1974 c 62 s 4
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148.47 | Repealed, 1974 c 62 s 4; 1974 c 224 s 6
|
148.48 | Repealed, 1974 c 62 s 4
|
148.51 | Repealed, 1974 c 62 s 4
|
SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS |
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148.511 | SCOPE. |
148.512 | DEFINITIONS. |
148.513 | LICENSURE; PROTECTED TITLES AND RESTRICTIONS ON USE; EXEMPTIONS. |
148.514 | GENERAL LICENSURE REQUIREMENTS; PROCEDURES AND QUALIFICATIONS. |
148.515 | QUALIFICATIONS FOR LICENSURE. |
148.516 | LICENSURE BY EQUIVALENCY. |
148.5161 | CLINICAL FELLOWSHIP LICENSURE OR DOCTORAL EXTERNSHIP LICENSURE. |
148.517 | LICENSURE BY RECIPROCITY. |
148.5175 | TEMPORARY LICENSURE. |
148.518 | LICENSURE FOLLOWING LAPSE OF LICENSURE STATUS. |
148.519 | LICENSURE PROCEDURES. |
148.5191 | LICENSURE RENEWAL. |
148.5192 | SPEECH-LANGUAGE PATHOLOGY ASSISTANTS. |
148.5193 | CONTINUING EDUCATION REQUIREMENTS. |
148.5194 | FEES. |
148.5195 | INVESTIGATION PROCESS AND GROUNDS FOR DISCIPLINARY ACTION. |
148.5196 | SPEECH-LANGUAGE PATHOLOGIST AND AUDIOLOGIST ADVISORY COUNCIL. |
148.5197 | HEARING AID DISPENSING. |
148.5198 | RESTRICTION ON SALE OF HEARING AIDS. |
OPTOMETRISTS |
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148.52 | BOARD OF OPTOMETRY. |
148.53 | POWERS OF BOARD. |
148.54 | BOARD; SEAL. |
148.55 | Repealed, 1976 c 222 s 209
|
148.56 | OPTOMETRISTS. |
148.57 | LICENSE. |
148.571 | USE OF TOPICAL OCULAR DRUGS. |
148.572 | ADVICE TO SEEK DIAGNOSIS AND TREATMENT. |
148.573 | PREREQUISITES TO DRUG USE. |
148.574 | PROHIBITIONS RELATING TO LEGEND DRUGS; AUTHORIZING SALES BY PHARMACISTS UNDER CERTAIN CONDITIONS. |
148.575 | CERTIFICATE REQUIRED FOR USE OF TOPICAL LEGEND DRUGS. |
148.576 | USE OF LEGEND DRUGS; LIMITATIONS; REPORTS. |
148.577 | STANDARD OF CARE. |
148.578 | Repealed, 1997 c 7 art 2 s 67
|
148.58 | Repealed, 1976 c 222 s 209
|
148.59 | LICENSE RENEWAL; FEE. |
148.60 | EXPENSES. |
148.603 | FORMS OF DISCIPLINARY ACTIONS. |
148.61 | PENALTY. |
148.62 | APPLICATION. |
DIETITIANS AND NUTRITIONISTS |
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148.621 | DEFINITIONS. |
148.622 | BOARD OF DIETETICS AND NUTRITION PRACTICE. |
148.623 | DUTIES OF THE BOARD. |
148.624 | LICENSURE; RENEWAL. |
148.625 | APPLICATION. |
148.626 | CONTINUING EDUCATION REQUIRED. |
148.627 | TRANSITION PERIOD. |
148.628 | RECIPROCITY. |
148.629 | DENIAL, SUSPENSION, OR REVOCATION. |
148.630 | LICENSE REQUIRED. |
148.631 | PENALTY. |
148.632 | EXEMPTIONS; VOLUNTARY LICENSING. |
148.633 | DISPOSITION OF FUNDS. |
OCCUPATIONAL THERAPISTS AND OCCUPATIONAL THERAPY ASSISTANTS |
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148.6401 | SCOPE. |
148.6402 | DEFINITIONS. |
148.6403 | LICENSURE; PROTECTED TITLES AND RESTRICTIONS ON USE; EXEMPT PERSONS; SANCTIONS. |
148.6404 | SCOPE OF PRACTICE. |
148.6405 | LICENSURE APPLICATION REQUIREMENTS: PROCEDURES AND QUALIFICATIONS. |
148.6408 | QUALIFICATIONS FOR OCCUPATIONAL THERAPIST. |
148.6410 | QUALIFICATIONS FOR OCCUPATIONAL THERAPY ASSISTANTS. |
148.6412 | LICENSURE BY EQUIVALENCY. |
148.6415 | LICENSURE BY RECIPROCITY. |
148.6418 | TEMPORARY LICENSURE. |
148.6420 | APPLICATION REQUIREMENTS. |
148.6423 | LICENSURE RENEWAL. |
148.6425 | RENEWAL OF LICENSURE; AFTER EXPIRATION DATE. |
148.6428 | CHANGE OF ADDRESS OR EMPLOYMENT. |
148.6430 | DELEGATION OF DUTIES; ASSIGNMENT OF TASKS. |
148.6432 | SUPERVISION OF OCCUPATIONAL THERAPY ASSISTANTS. |
148.6435 | COORDINATION OF SERVICES. |
148.6438 | RECIPIENT NOTIFICATION. |
148.6440 | PHYSICAL AGENT MODALITIES. |
148.6443 | CONTINUING EDUCATION REQUIREMENTS. |
148.6445 | FEES. |
148.6448 | GROUNDS FOR DENIAL OF LICENSURE OR DISCIPLINE; INVESTIGATION PROCEDURES; DISCIPLINARY ACTIONS. |
148.6450 | OCCUPATIONAL THERAPY PRACTITIONERS ADVISORY COUNCIL. |
PHYSICAL THERAPISTS |
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148.65 | DEFINITIONS. |
148.66 | STATE BOARD OF PHYSICAL THERAPY, DUTIES. |
148.67 | STATE BOARD OF PHYSICAL THERAPY; MEMBERSHIP APPOINTMENTS, VACANCIES, REMOVALS. |
148.68 | Repealed, 1975 c 136 s 77
|
148.69 | Repealed, 1975 c 136 s 77
|
148.691 | OFFICERS; EXECUTIVE DIRECTOR. |
148.70 | APPLICANTS, QUALIFICATIONS. |
148.705 | APPLICATION. |
148.706 | SUPERVISION OF ASSISTANTS, AIDES, AND STUDENTS. |
148.71 | LICENSING. |
148.72 | EXAMINATIONS. |
148.73 | RENEWALS. |
148.735 | CANCELLATION OF LICENSE IN GOOD STANDING. |
148.736 | CANCELLATION OF CREDENTIALS UNDER DISCIPLINARY ORDER. |
148.737 | CANCELLATION OF LICENSE FOR NONRENEWAL. |
148.74 | RULES. |
148.745 | MALPRACTICE HISTORY. |
148.75 | LICENSES; DENIAL, SUSPENSION, REVOCATION. |
148.754 | EXAMINATION; ACCESS TO MEDICAL DATA. |
148.755 | TEMPORARY SUSPENSION OF LICENSE. |
148.76 | PROHIBITED CONDUCT. |
148.77 | VIOLATIONS. |
148.775 | FORMS OF DISCIPLINARY ACTION. |
148.78 | PROSECUTION, ALLEGATIONS. |
ATHLETIC TRAINERS |
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148.7801 | CITATION. |
148.7802 | DEFINITIONS. |
148.7803 | DESIGNATION OF ATHLETIC TRAINER. |
148.7804 | POWERS OF THE BOARD. |
148.7805 | ATHLETIC TRAINERS ADVISORY COUNCIL. |
148.7806 | ATHLETIC TRAINING. |
148.7807 | LIMITATIONS ON PRACTICE. |
148.7808 | REGISTRATION; REQUIREMENTS. |
148.7809 | REGISTRATION RENEWAL. |
148.7810 | BOARD ACTION ON APPLICATIONS. |
148.7811 | CHANGE OF ADDRESS. |
148.7812 | CONTINUING EDUCATION REQUIREMENTS. |
148.7813 | DISCIPLINARY PROCESS. |
148.7814 | APPLICABILITY. |
148.7815 | FEES. |
PSYCHOLOGISTS |
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148.79 | Repealed, 1973 c 685 s 14; 1976 c 2 s 67
|
148.80 | Repealed, 1973 c 685 s 14
|
148.81 | Repealed, 1973 c 685 s 14; 1974 c 406 s 91
|
148.82 | Repealed, 1973 c 685 s 14
|
148.83 | Repealed, 1973 c 685 s 14
|
148.84 | Repealed, 1973 c 685 s 14
|
148.85 | Repealed, 1973 c 685 s 14; 1976 c 2 s 67
|
148.86 | Repealed, 1973 c 685 s 14
|
148.87 | Repealed, 1976 c 2 s 66
|
148.88 | CITATION. |
148.881 | DECLARATION OF POLICY. |
148.89 | DEFINITIONS. |
148.90 | BOARD OF PSYCHOLOGY. |
148.905 | DUTIES OF THE BOARD. |
148.906 | LEVELS OF PRACTICE. |
148.907 | LICENSED PSYCHOLOGIST. |
148.908 | LICENSED PSYCHOLOGICAL PRACTITIONER. |
148.909 | LICENSURE FOR VOLUNTEER PRACTICE. |
148.91 | Repealed, 1996 c 424 s 24
|
148.9105 | EMERITUS REGISTRATION. |
148.911 | CONTINUING EDUCATION. |
148.915 | RECIPROCITY. |
148.916 | GUEST LICENSURE. |
148.92 | Repealed, 1991 c 255 s 20
|
148.921 | Repealed, 1996 c 424 s 24
|
148.925 | SUPERVISION. |
148.93 | Repealed, 1996 c 424 s 24
|
148.94 | Repealed, 1976 c 222 s 209
|
148.941 | DISCIPLINARY ACTION; INVESTIGATION; PENALTY FOR VIOLATION. |
148.95 | Repealed, 1993 c 206 s 25
|
148.951 | Repealed, 1996 c 424 s 24
|
148.952 | IMMUNITY. |
148.96 | PRESENTATION TO PUBLIC. |
148.965 | TEST SECURITY. |
148.97 | Repealed, 1996 c 424 s 24
|
148.975 | DUTY TO WARN; LIMITATION ON LIABILITY; VIOLENT BEHAVIOR OF PATIENT. |
148.976 | Repealed, 1998 c 254 art 1 s 48
|
148.98 | RULES OF CONDUCT. |
148.99 | |
CHIROPRACTORS
148.01 CHIROPRACTIC.
Subdivision 1.
Definitions. For the purposes of sections
148.01 to
148.10, "chiropractic"
is defined as the science of adjusting any abnormal articulations of the human body, especially
those of the spinal column, for the purpose of giving freedom of action to impinged nerves that
may cause pain or deranged function.
Subd. 2.
Exclusions. The practice of chiropractic is not the practice of medicine, surgery,
or osteopathy.
Subd. 3.
Inclusions. Chiropractic practice includes those noninvasive means of clinical,
physical, and laboratory measures and analytical x-ray of the bones of the skeleton which are
necessary to make a determination of the presence or absence of a chiropractic condition. The
practice of chiropractic may include procedures which are used to prepare the patient for
chiropractic adjustment or to complement the chiropractic adjustment. The procedures may not be
used as independent therapies or separately from chiropractic adjustment. No device which utilizes
heat or sound shall be used in the treatment of a chiropractic condition unless it has been approved
by the Federal Communications Commission. No device shall be used above the neck of the
patient. Any chiropractor who utilizes procedures in violation of this subdivision shall be guilty of
unprofessional conduct and subject to disciplinary procedures according to section
148.10.
History: (5725, 5731(c)) 1919 c 64 s 2,8; 1927 c 230; 1975 c 362 s 1; 1983 c 346 s 1
148.02 CHIROPRACTORS; STATE BOARD OF EXAMINERS.
There is hereby created and established a board to be known by the name and style of
the state Board of Chiropractic Examiners.
History: (5724) 1919 c 64 s 1
148.03 APPOINTMENT.
The governor shall appoint a Board of Chiropractic Examiners consisting of two public
members as defined by section
214.02 and five resident chiropractors who shall have practiced
chiropractic in this state for at least three years immediately prior to the time of appointment,
all of whom shall be graduates of a course of chiropractic, but no more than two of whom shall
be graduates of the same school or college of chiropractic. Membership terms, compensation
of members, removal of members, the filling of membership vacancies, and fiscal year and
reporting requirements shall be as provided in sections
214.07 to
214.09. The provision of staff,
administrative services and office space; the review and processing of complaints; the setting of
board fees; and other provisions relating to board operations shall be as provided in chapter 214.
The board shall have the authority to prescribe rules relative to the examination of applicants for
license to practice chiropractic and for the annual renewal of licenses. Vacancies caused by death
or otherwise shall be filled by the governor within 60 days. No member of the board shall be
financially interested in any chiropractic school or college or be in any way affiliated with the
practice of other methods of healing as are now regulated by law in this state.
History: (5726) 1919 c 64 s 3; 1943 c 155 s 1; 1959 c 186 s 1; 1973 c 638 s 10; 1975 c 136
s 8; 1976 c 222 s 45; 1976 c 239 s 54; 1991 c 199 art 1 s 41
148.031 CONTINUING EDUCATION.
The board shall adopt rules requiring continuing education for chiropractors licensed under
this chapter who regularly practice in the area of workers' compensation. These rules shall
include rules relating to continuing education designed to assure the coordination of treatment,
rehabilitation, and other chiropractic services provided to injured employees under chapter 176.
Rules relative to education under chapter 176 shall be adopted jointly with the commissioner of
labor and industry. These rules shall be consistent with section
214.12.
History: 1983 c 290 s 18
148.04 PROCEDURE.
The officers of the Board of Chiropractic Examiners shall have power to administer oaths,
summon witnesses, and take testimony as to matters pertaining to its duties. It shall adopt a
minimum of educational requirements not inconsistent with the provisions of sections
148.01 to
148.10, which shall be without prejudice, partiality, or discrimination as to the different schools
or colleges of chiropractic. The board shall meet at such times as the majority of the board may
deem proper. A majority of the board shall constitute a quorum for the transaction of business.
The secretary shall keep a record of its proceedings. This report shall be prima facie evidence of
all matters therein recorded.
History: (5727) 1919 c 64 s 4; 1967 c 149 s 1; 1973 c 638 s 11; 1975 c 136 s 9
148.05 LICENSE AND FEE.
At its first meeting the state Board of Chiropractic Examiners shall issue to each member a
license to practice chiropractic, for which the member shall pay a fee set by the board. The board
shall have a common seal and promulgate rules to govern its actions.
History: (5728) 1919 c 64 s 5; 1976 c 222 s 46; 1986 c 444
148.06 APPLICATION; EXAMINATION; LICENSE; FEE.
Subdivision 1.
License required; qualifications. No person shall practice chiropractic in
this state without first being licensed by the state Board of Chiropractic Examiners. The applicant
shall have earned at least one-half of all academic credits required for awarding of a baccalaureate
degree from the University of Minnesota, or other university, college, or community college of
equal standing, in subject matter determined by the board, and taken a four-year resident course of
at least eight months each in a school or college of chiropractic or in a chiropractic program that
is accredited by the Council on Chiropractic Education, holds a recognition agreement with the
Council on Chiropractic Education, or is accredited by an agency approved by the United States
Office of Education or their successors as of January 1, 1988. The board may issue licenses to
practice chiropractic without compliance with prechiropractic or academic requirements listed
above if in the opinion of the board the applicant has the qualifications equivalent to those
required of other applicants, the applicant satisfactorily passes written and practical examinations
as required by the Board of Chiropractic Examiners, and the applicant is a graduate of a college of
chiropractic with a recognition agreement with the Council on Chiropractic Education. The board
may recommend a two-year prechiropractic course of instruction to any university, college, or
community college which in its judgment would satisfy the academic prerequisite for licensure as
established by this section.
An examination for a license shall be in writing and shall include testing in:
(a) The basic sciences including but not limited to anatomy, physiology, bacteriology,
pathology, hygiene, and chemistry as related to the human body or mind;
(b) The clinical sciences including but not limited to the science and art of chiropractic,
chiropractic physiotherapy, diagnosis, roentgenology, and nutrition; and
(c) Professional ethics and any other subjects that the board may deem advisable.
The board may consider a valid certificate of examination from the National Board of
Chiropractic Examiners as evidence of compliance with the examination requirements of
this subdivision. The applicant shall be required to give practical demonstration in vertebral
palpation, neurology, adjusting and any other subject that the board may deem advisable. A
license, countersigned by the members of the board and authenticated by the seal thereof, shall be
granted to each applicant who correctly answers 75 percent of the questions propounded in each
of the subjects required by this subdivision and meets the standards of practical demonstration
established by the board. Each application shall be accompanied by a fee set by the board. The fee
shall not be returned but the applicant may, within one year, apply for examination without the
payment of an additional fee. The board may grant a license to an applicant who holds a valid
license to practice chiropractic issued by the appropriate licensing board of another state, provided
the applicant meets the other requirements of this section and satisfactorily passes a practical
examination approved by the board. The burden of proof is on the applicant to demonstrate these
qualifications or satisfaction of these requirements.
Subd. 2.[Repealed,
1976 c 222 s 209]
History: (5729) 1919 c 64 s 6; 1927 c 230; 1959 c 186 s 2; 1967 c 706 s 1; 1974 c 564 s 1;
1976 c 222 s 47; 1977 c 193 s 1; 1983 c 346 s 2; 1986 c 444; 1987 c 345 s 1; 1988 c 642 s 6;
1999 c 55 s 1; 2001 c 121 s 1; 2006 c 267 art 1 s 4
148.07 RENEWAL FEES; EXPENSES.
Subdivision 1.
Renewal fees. All persons practicing chiropractic within this state, or
licensed so to do, shall pay, on or before the date of expiration of their licenses, to the Board of
Chiropractic Examiners a renewal fee set by the board, with a penalty set by the board for each
month or portion thereof for which a license fee is in arrears and upon payment of the renewal and
upon compliance with all the rules of the board, shall be entitled to renewal of their license.
Subd. 2.
Expenses. The expenses of administering sections
148.01 to
148.105 shall be
paid from the appropriation made to the state Board of Chiropractic Examiners. Expenditures
and revenues must be managed in accordance with the statewide accounting principles and
requirements of the commissioner of finance.
Subd. 3.[Repealed,
1975 c 136 s 77]
History: (5730) 1919 c 64 s 7; 1927 c 230 s 1; 1943 c 155 s 2; 1955 c 847 s 12; 1959 c 186 s
3; 1965 c 64 s 1; 1967 c 149 s 2; 1969 c 399 s 1; 1973 c 638 s 12,13; 1976 c 222 s 48; 1983
c 346 s 3; 1987 c 345 s 2
148.08 RULES.
Subdivision 1.[Repealed,
1976 c 222 s 209]
Subd. 2.
How regulated. Chiropractors shall be subject to the same rules and regulations,
both municipal and state, that govern other licensed doctors or physicians in the control of
contagious and infectious diseases, and shall be entitled to sign health and death records, and to
all rights and privileges of other doctors or physicians in all matters pertaining to the public
health, except prescribing internal drugs or the practice of medicine, physical therapy, surgery
and obstetrics.
Subd. 3.
Rules. The Board of Chiropractic Examiners shall promulgate rules necessary to
administer sections
148.01 to
148.105 to protect the health, safety, and welfare of the public,
including rules governing the practice of chiropractic and defining any terms, whether or not
used in sections
148.01 to
148.105, if the definitions are not inconsistent with the provisions of
sections
148.01 to
148.105.
History: (5731) 1919 c 64 s 8; 1927 c 230; 1975 c 362 s 2; 1983 c 346 s 4; 1985 c 248 s
70; 1987 c 345 s 3; 1Sp2001 c 9 art 15 s 32
148.09 INDEPENDENT EXAMINATION.
A doctor of chiropractic conducting a physical examination of a patient or a review of
records by a doctor of chiropractic, for the purpose of generating a report or opinion to aid a
reparation obligor under chapter 65B in making a determination regarding the condition or further
treatment of the patient, shall meet the following requirements:
(1) the doctor of chiropractic must either be an instructor at an accredited school of
chiropractic or have devoted not less than 50 percent of practice time to direct patient care during
the two years immediately preceding the examination;
(2) the doctor of chiropractic must have completed any annual continuing education
requirements for chiropractors prescribed by the Board of Chiropractic Examiners;
(3) the doctor of chiropractic must not accept a fee of more than $500 for each independent
exam conducted; and
(4) the doctor of chiropractic must register with the Board of Chiropractic Examiners as an
independent examiner and adhere to all rules governing the practice of chiropractic.
History: 1990 c 611 s 1
148.10 LICENSES REVOKED; NEW LICENSES.
Subdivision 1.
Grounds. (a) The state Board of Chiropractic Examiners may refuse to grant,
or may revoke, suspend, condition, limit, restrict or qualify a license to practice chiropractic, or
may cause the name of a person licensed to be removed from the records in the office of the
court administrator of the district court for:
(1) Advertising that is false or misleading; that violates a rule of the board; or that claims
the cure of any condition or disease.
(2) The employment of fraud or deception in applying for a license or in passing the
examination provided for in section
148.06 or conduct which subverts or attempts to subvert
the licensing examination process.
(3) The practice of chiropractic under a false or assumed name or the impersonation of
another practitioner of like or different name.
(4) The conviction of a crime involving moral turpitude.
(5) The conviction, during the previous five years, of a felony reasonably related to the
practice of chiropractic.
(6) Habitual intemperance in the use of alcohol or drugs.
(7) Practicing under a license which has not been renewed.
(8) Advanced physical or mental disability.
(9) The revocation or suspension of a license to practice chiropractic; or other disciplinary
action against the licensee; or the denial of an application for a license by the proper licensing
authority of another state, territory or country; or failure to report to the board that charges
regarding the person's license have been brought in another state or jurisdiction.
(10) The violation of, or failure to comply with, the provisions of sections
148.01 to
148.105,
the rules of the state Board of Chiropractic Examiners, or a lawful order of the board.
(11) Unprofessional conduct.
(12) Being unable to practice chiropractic with reasonable skill and safety to patients by
reason of illness, professional incompetence, senility, drunkenness, use of drugs, narcotics,
chemicals or any other type of material, or as a result of any mental or physical condition,
including deterioration through the aging process or loss of motor skills. If the board has probable
cause to believe that a person comes within this clause, it shall direct the person to submit to a
mental or physical examination. For the purpose of this clause, every person licensed under this
chapter shall be deemed to have given consent to submit to a mental or physical examination when
directed in writing by the board and further to have waived all objections to the admissibility of
the examining physicians' testimony or examination reports on the ground that the same constitute
a privileged communication. Failure of a person to submit to such examination when directed
shall constitute an admission of the allegations, unless the failure was due to circumstances
beyond the person's control, in which case a default and final order may be entered without the
taking of testimony or presentation of evidence. A person affected under this clause shall at
reasonable intervals be afforded an opportunity to demonstrate that the person can resume the
competent practice of chiropractic with reasonable skill and safety to patients.
In addition to ordering a physical or mental examination, the board may, notwithstanding
section
13.384,
144.651, or any other law limiting access to health data, obtain health data and
health records relating to a licensee or applicant without the licensee's or applicant's consent if the
board has probable cause to believe that a doctor of chiropractic comes under this clause. The
health data may be requested from a provider, as defined in section
144.335, subdivision 1,
paragraph (b), an insurance company, or a government agency, including the Department of
Human Services. A provider, insurance company, or government agency shall comply with any
written request of the board under this subdivision and is not liable in any action for damages for
releasing the data requested by the board if the data are released pursuant to a written request
under this subdivision, unless the information is false and the provider or entity giving the
information knew, or had reason to believe, the information was false. Information obtained under
this subdivision is classified as private under sections
13.01 to
13.87.
In any proceeding under this clause, neither the record of proceedings nor the orders entered
by the board shall be used against a person in any other proceeding.
(13) Aiding or abetting an unlicensed person in the practice of chiropractic, except that it
is not a violation of this clause for a doctor of chiropractic to employ, supervise, or delegate
functions to a qualified person who may or may not be required to obtain a license or registration
to provide health services if that person is practicing within the scope of the license or registration
or delegated authority.
(14) Improper management of health records, including failure to maintain adequate health
records as described in clause (18), to comply with a patient's request made under section
144.335
or to furnish a health record or report required by law.
(15) Failure to make reports required by section
148.102, subdivisions 2 and 5, or to
cooperate with an investigation of the board as required by section
148.104, or the submission of a
knowingly false report against another doctor of chiropractic under section
148.10, subdivision 3.
(16) Splitting fees, or promising to pay a portion of a fee or a commission, or accepting a
rebate.
(17) Revealing a privileged communication from or relating to a patient, except when
otherwise required or permitted by law.
(18) Failing to keep written chiropractic records justifying the course of treatment of the
patient, including, but not limited to, patient histories, examination results, test results, and x-rays.
Unless otherwise required by law, written records need not be retained for more than seven years
and x-rays need not be retained for more than four years.
(19) Exercising influence on the patient or client in such a manner as to exploit the patient or
client for financial gain of the licensee or of a third party which shall include, but not be limited
to, the promotion or sale of services, goods, or appliances.
(20) Gross or repeated malpractice or the failure to practice chiropractic at a level of care,
skill, and treatment which is recognized by a reasonably prudent chiropractor as being acceptable
under similar conditions and circumstances.
(21) Delegating professional responsibilities to a person when the licensee delegating
such responsibilities knows or has reason to know that the person is not qualified by training,
experience, or licensure to perform them.
(b) For the purposes of paragraph (a), clause (2), conduct that subverts or attempts to
subvert the licensing examination process includes, but is not limited to: (1) conduct that violates
the security of the examination materials, such as removing examination materials from the
examination room or having unauthorized possession of any portion of a future, current, or
previously administered licensing examination; (2) conduct that violates the standard of test
administration, such as communicating with another examinee during administration of the
examination, copying another examinee's answers, permitting another examinee to copy one's
answers, or possessing unauthorized materials; or (3) impersonating an examinee or permitting
an impersonator to take the examination on one's own behalf.
(c) For the purposes of paragraph (a), clauses (4) and (5), conviction as used in these
subdivisions includes a conviction of an offense that if committed in this state would be deemed a
felony without regard to its designation elsewhere, or a criminal proceeding where a finding or
verdict of guilt is made or returned but the adjudication of guilt is either withheld or not entered.
(d) For the purposes of paragraph (a), clauses (4), (5), and (6), a copy of the judgment or
proceeding under seal of the administrator of the court or of the administrative agency which
entered the same shall be admissible into evidence without further authentication and shall
constitute prima facie evidence of its contents.
(e) For the purposes of paragraph (a), clause (11), unprofessional conduct means any
unethical, deceptive or deleterious conduct or practice harmful to the public, any departure from
or the failure to conform to the minimal standards of acceptable chiropractic practice, or a willful
or careless disregard for the health, welfare or safety of patients, in any of which cases proof of
actual injury need not be established. Unprofessional conduct shall include, but not be limited to,
the following acts of a chiropractor:
(1) gross ignorance of, or incompetence in, the practice of chiropractic;
(2) engaging 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;
(3) performing unnecessary services;
(4) charging a patient an unconscionable fee or charging for services not rendered;
(5) directly or indirectly engaging in threatening, dishonest, or misleading fee collection
techniques;
(6) perpetrating fraud upon patients, third-party payors, or others, relating to the practice of
chiropractic, including violations of the Medicare or Medicaid laws or state medical assistance
laws;
(7) advertising that the licensee will accept for services rendered assigned payments from any
third-party payer as payment in full, if the effect is to give the impression of eliminating the need
of payment by the patient of any required deductible or co-payment applicable in the patient's
health benefit plan; or advertising a fee or charge for a service or treatment different from the fee
or charge the licensee submits to a third-party payer for that service or treatment. As used in this
clause, "advertise" means solicitation by the licensee by means of handbills, posters, circulars,
motion pictures, radio, newspapers, television, or in any other manner. In addition to the board's
power to punish for violations of this clause, violation of this clause is also a misdemeanor;
(8) accepting for services rendered assigned payments from any third-party payer as payment
in full, if the effect is to eliminate the need of payment by the patient of any required deductible
or co-payment applicable in the patient's health benefit plan, except as hereinafter provided; or
collecting a fee or charge for a service or treatment different from the fee or charge the licensee
submits to a third-party payer for that service or treatment, except as hereinafter provided. This
clause is intended to prohibit offerings to the public of the above listed practices and those
actual practices as well, except that in instances where the intent is not to collect an excessive
remuneration from the third-party payer but rather to provide services at a reduced rate to a patient
unable to afford the deductible or co-payment, the services may be performed for a lesser charge
or fee. The burden of proof for establishing that this is the case shall be on the licensee; and
(9) any other act that the board by rule may define.
Subd. 2.
Issuance following refusal, revocation or cancellation. The State Board of
Chiropractic Examiners may, at any time within two years of the refusal or revocation or
cancellation of a license under this section, by a majority vote, issue a new license or grant a
license to the person affected, restoring to, or conferring upon the person, all the rights and
privileges of, and pertaining to, the practice of chiropractic, as defined and regulated by sections
148.01 to
148.10. Any person to whom such have been restored shall pay a fee set by the board
upon issuance of a new license.
Subd. 3.
Reprimand; penalties; probation. In addition to the other powers granted to the
board under this chapter, the board may, in connection with any person whom the board, after a
hearing, adjudges unqualified or whom the board, after a hearing, finds to have performed one or
more of the acts described in subdivision 1:
(1) publicly reprimand or censure the person;
(2) place the person on probation for the period and upon the terms and conditions that the
board may prescribe; and
(3) 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 doctor of chiropractic of any economic advantage
gained by reason of the violation charged, to reimburse the board for the cost of the investigation
and proceeding, or to discourage similar violations. For purposes of this section, the cost of the
investigation and proceeding may include, but is 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.
Subd. 4.
Temporary suspension. In addition to any other remedy provided by law, the board
may, without a hearing, temporarily suspend a license for not more than 60 days if the board finds
that a person has violated a statute or rule which the board is empowered to enforce and continued
practice by the person would create an imminent risk of harm to others. The suspension shall
take effect upon written notice to the person, specifying the statute or rule violated. At the time it
issues the suspension notice, the board shall schedule a disciplinary hearing to be held pursuant to
the Administrative Procedure Act. The person shall be provided with at least 20 days' notice of
any hearing held pursuant to this subdivision.
Subd. 5.
Tax clearance certificate. (a) In addition to the grounds provided in subdivision
1, the board may not issue or renew a license to practice chiropractic if the commissioner of
revenue notifies the board and the licensee or applicant for a license that the licensee or applicant
owes the state delinquent taxes in the amount of $500 or more. The board may issue or renew
the license only if (1) the commissioner of revenue issues a tax clearance certificate and (2) the
commissioner of revenue or the licensee or applicant forwards a copy of the clearance to the
board. The commissioner of revenue may issue a clearance certificate only if the licensee or
applicant does not owe the state any uncontested delinquent taxes.
(b) For purposes of this subdivision, the following terms have the meanings given.
(1) "Taxes" are all taxes payable to the commissioner of revenue, including penalties and
interest due on those taxes.
(2) "Delinquent taxes" do not include a tax liability if (i) an administrative or court action
that contests the amount or validity of the liability has been filed or served, (ii) the appeal period
to contest the tax liability has not expired, or (iii) the licensee or applicant has entered into a
payment agreement to pay the liability and is current with the payments.
(c) In lieu of the notice and hearing requirements of subdivisions 3 and 4, when a licensee
or applicant is required to obtain a clearance certificate under this subdivision, a contested case
hearing must be held if the licensee or applicant requests a hearing in writing to the commissioner
of revenue within 30 days of the date of the notice provided in paragraph (a). The hearing must
be held within 45 days of the date the commissioner of revenue refers the case to the Office of
Administrative Hearings. Notwithstanding any law to the contrary, the licensee or applicant must
be served with 20 days' notice in writing specifying the time and place of the hearing and the
allegations against the licensee or applicant. The notice may be served personally or by mail.
(d) The board shall require all licensees or applicants of a license to practice chiropractic
to provide their Social Security number and Minnesota business identification number on all
license applications. Upon request of the commissioner of revenue, the board must provide to the
commissioner of revenue a list of all licensees and applicants for a license to practice chiropractic,
including the name and address, Social Security number, and business identification number. The
commissioner of revenue may request a list of the licensees and applicants no more than once
each calendar year.
Subd. 6.
Effect of appeal. A suspension, revocation, condition, limitation, qualification,
or restriction of a license shall be in effect pending determination of an appeal unless the court,
upon petition and for good cause shown, shall otherwise order.
A license to practice chiropractic is automatically suspended if (1) a guardian of a licensee
is appointed by order of a court under sections
524.5-101 to
524.5-502, for reasons other than
the minority of the licensee; or (2) the licensee is committed by order of a court under chapter
253B. The license remains suspended until the licensee is restored to capacity by a court and,
upon petition by the licensee, the suspension is terminated by the board after a hearing.
History: (5733) 1919 c 64 s 10; 1927 c 230; 1957 c 154 s 1; 1959 c 186 s 4; 1976 c 222
s 49; 1977 c 193 s 2,3; 1983 c 346 s 5-7; 1986 c 444; 1Sp1986 c 1 art 7 s 8; 1Sp1986 c 3 art
1 s 82; 1987 c 345 s 4-6; 1989 c 184 art 2 s 4; 1Sp1994 c 1 art 2 s 6; 1999 c 227 s 22; 2001 c
121 s 2,3; 2003 c 66 s 2; 2004 c 146 art 3 s 8
148.102 REPORTS OF STATE OR LOCAL SOCIETIES.
Subdivision 1.
Requirement. If a state or local chiropractic society receives a complaint
which might be grounds for discipline under section
148.10 against a member doctor of
chiropractic, the society shall report the complaint or shall direct the complainant to the Board
of Chiropractic Examiners.
Subd. 2.
Licensed professionals. A licensed health professional shall report to the board
personal knowledge of any conduct which the professional reasonably believes constitutes
grounds for disciplinary action under section
148.10 by any doctor of chiropractic including any
conduct indicating that the doctor of chiropractic may be incompetent, or may have engaged
in unprofessional conduct, or may be physically unable to engage safely in the practice of
chiropractic. No report shall be required if the information was obtained in the course of a
patient relationship if the patient is a doctor of chiropractic and the treating health professional
successfully counsels the doctor of chiropractic to limit or withdraw from practice to the extent
required by the impairment; or (2) is a patient or former patient of the doctor of chiropractic and
the treating professional is a psychologist from whom the patient is receiving psychotherapeutic
services.
Subd. 3.
Insurers. Two times each year each insurer authorized to sell insurance described
in section
60A.06, subdivision 1, clause (13), and providing professional liability insurance
to chiropractors shall submit to the board a report concerning the chiropractors against whom
malpractice settlements or awards have been made to the plaintiff. The report must contain
at least the following information:
(1) the total number of malpractice settlements or awards made to the plaintiff;
(2) the date the malpractice settlements or awards to the plaintiff were made;
(3) the allegations contained in the claim or complaint leading to the settlements or awards
made to the plaintiff;
(4) the dollar amount of each malpractice settlement or award;
(5) the regular address of the practice of the doctor of chiropractic against whom an award
was made or with whom a settlement was made; and
(6) the name of the doctor of chiropractic against whom an award was made or with whom a
settlement was made.
The insurance company shall, in addition to the above information, report to the board any
information it possesses which tends to substantiate a charge that a doctor of chiropractic may
have engaged in conduct violating section
148.10 and this section.
Subd. 4.
Courts. The court administrator of district court or any other court of competent
jurisdiction shall report to the board any judgment or other determination of the court which
adjudges or includes a finding that a doctor of chiropractic is mentally ill, mentally incompetent,
guilty of a felony, guilty of an abuse or fraud, appoints a guardian of the doctor of chiropractic
under sections
524.5-101 to
524.5-502 or commits a doctor of chiropractic under chapter 253B.
Subd. 5.
Self-reporting. A doctor of chiropractic shall report to the board any action
concerning that doctor which would require that a report be filed with the board by any person,
health care facility, business, or organization under subdivision 4.
Subd. 6.
Deadlines; forms. Reports required by subdivisions 1 to 5 must be submitted not
later than 30 days after the occurrence of the reportable event or transaction. The board may
provide forms for the submission of reports required by this section, may require that reports be
submitted on the forms provided, and may adopt rules necessary to assure prompt and accurate
reporting.
Subd. 7.
Subpoenas. The board may issue subpoenas for the production of any reports
required by subdivisions 1 to 5 or any related documents.
History: 1987 c 345 s 7; 1992 c 464 art 1 s 56; 1Sp1994 c 1 art 2 s 7; 2004 c 146 art 3 s 47
148.103 IMMUNITY FOR REPORTING OR INVESTIGATING.
Subdivision 1.
Reporting. Any person, health care facility, business, or organization is
immune from civil liability or criminal prosecution for submitting a report to the board under
section
148.102 or for otherwise reporting to the board violations or alleged violations of section
148.10. The reports are private.
Subd. 2.
Investigation. Members of the board and persons employed by the board or
engaged in the investigation or prosecution of violations and in the preparation and management
of charges of violations of sections
148.01 to
148.105 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
148.01 to
148.105.
History: 1987 c 345 s 8
148.104 COOPERATION DURING INVESTIGATIONS.
A doctor of chiropractic who is the subject of an investigation by or on behalf of the board
shall cooperate fully with the investigation. Cooperation includes appearing at conferences,
meetings, or hearings scheduled by the board and for which the board provided notice in
accordance with chapter 14; responding fully and promptly to any question raised by or on behalf
of the board relating to the subject of the investigation; and providing copies of patient health
records, as reasonably requested by the board, to assist the board in its investigation. If the board
does not have written consent from a patient allowing the board access to the patient's health
records, a doctor of chiropractic shall delete any data in the record which identifies the patient
before providing the records to the board.
History: 1987 c 345 s 9; 2001 c 121 s 4
148.105 VIOLATION.
Subdivision 1.
Generally. Any person who practices, or attempts to practice, chiropractic or
who uses any of the terms or letters "Doctors of Chiropractic," "Chiropractor," "DC," or any other
title or letters under any circumstances as to lead the public to believe that the person who so uses
the terms is engaged in the practice of chiropractic, without having complied with the provisions
of sections
148.01 to
148.104, is guilty of a gross misdemeanor; and, upon conviction, fined not
less than $1,000 nor more than $10,000 or be imprisoned in the county jail for not less than 30
days nor more than six months or punished by both fine and imprisonment, in the discretion of the
court. It is the duty of the county attorney of the county in which the person practices to prosecute.
Nothing in sections
148.01 to
148.105 shall be considered as interfering with any person:
(1) licensed by a health related licensing board, as defined in section
214.01, subdivision 2,
including psychological practitioners with respect to the use of hypnosis;
(2) registered by the commissioner of health under section
214.13; or
(3) engaged in other methods of healing regulated by law in the state of Minnesota;
provided that the person confines activities within the scope of the license or other regulation and
does not practice or attempt to practice chiropractic.
Subd. 2.
Exceptions. The following persons shall not be in violation of subdivision 1:
(1) a student practicing under the direct supervision of a preceptor while the student is
enrolled in and regularly attending a recognized chiropractic college or chiropractic program;
(2) a student who is in continuing training and performing the duties of an intern or resident
or engaged in postgraduate work considered by the board to be the equivalent of an internship or
residency in any institution approved for training by the board;
(3) a doctor of chiropractic licensed in another state or jurisdiction who is in actual
consultation in Minnesota;
(4) a doctor of chiropractic licensed in another state or jurisdiction who is in this state for
the sole purpose of providing chiropractic services at a competitive athletic event. The doctor of
chiropractic may practice chiropractic only on participants in the athletic event;
(5) a doctor of chiropractic licensed in another state or jurisdiction whose duties are entirely
of a research, public health, or educational character and while directly engaged in such duties,
and who is employed in a scientific, sanitary, or teaching capacity by: (i) an accredited institution;
(ii) a public or private school, college, or other bona fide educational institution; (iii) a nonprofit
organization which has tax-exempt status in accordance with the Internal Revenue Code, section
501(c)(3), and is organized and operated primarily for the purpose of conducting scientific
research; or (iv) the state Department of Health;
(6) a doctor of chiropractic licensed in another state or jurisdiction who treats the doctor of
chiropractic's home state patients or other participating patients while the doctor of chiropractic
and those patients are participating together in outdoor recreation in this state as defined by
section
86A.03, subdivision 3; and
(7) a person licensed in another state or jurisdiction who is a commissioned officer of, a
member of, or employed by the armed forces of the United States, the United States Public Health
Service, the Veterans Administration, any federal institution, or any federal agency while engaged
in the performance of official duties within this state.
History: 1987 c 345 s 10; 1991 c 255 s 19; 2001 c 121 s 5
148.106 PEER REVIEW OF SERVICES AND FEES.
Subdivision 1.[Repealed,
2001 c 121 s 7]
Subd. 2.[Repealed,
2001 c 121 s 7]
Subd. 3.[Repealed,
2001 c 121 s 7]
Subd. 4.[Repealed,
2001 c 121 s 7]
Subd. 5.[Repealed,
2001 c 121 s 7]
Subd. 6.[Repealed,
2001 c 121 s 7]
Subd. 7.[Repealed,
2001 c 121 s 7]
Subd. 8.[Repealed,
2001 c 121 s 7]
Subd. 9.[Repealed,
2001 c 121 s 7]
Subd. 10.
Confidentiality of peer review records. All data and information acquired by
the board or the peer review committee before August 1, 2001, in the exercise of its duties
and functions in conducting peer reviews before August 1, 2001, shall be subject to the same
disclosure and confidentiality protections as provided for data and information of other review
organizations under section
145.64. The data, information, and records are classified as private
data on individuals for purposes of chapter 13. The patient records obtained by the board pursuant
to this section must be used solely for the purposes of the board relating to peer review or the
disciplinary process.
History: 1987 c 345 s 11; 2001 c 121 s 6
148.108 FEES.
Subdivision 1.
Fees. In addition to the fees established in Minnesota Rules, chapter 2500, the
board is authorized to charge the fees in this section.
Subd. 2.
Annual renewal of inactive acupuncture registration. The annual renewal of an
inactive acupuncture registration fee is $25.
Subd. 3.
Acupuncture reinstatement. The acupuncture reinstatement fee is $50.
History: 2006 c 267 art 1 s 5
NURSES
148.171 DEFINITIONS; TITLE.
Subdivision 1.
Title. Sections
148.171 to
148.285 shall be referred to as the Minnesota
Nurse Practice Act.
Subd. 2.
Scope. As used in sections
148.171 to
148.285, the definitions in this section
have the meanings given.
Subd. 3.
Advanced practice registered nurse. "Advanced practice registered nurse,"
abbreviated APRN, means an individual licensed as a registered nurse by the board and certified
by a national nurse certification organization acceptable to the board to practice as a clinical nurse
specialist, nurse anesthetist, nurse-midwife, or nurse practitioner.
Subd. 4.
Board. "Board" means the Minnesota Board of Nursing.
Subd. 5.
Clinical nurse specialist practice. "Clinical nurse specialist practice" means the
provision of patient care in a particular specialty or subspecialty of advanced practice registered
nursing within the context of collaborative management, and includes: (1) diagnosing illness and
disease; (2) providing nonpharmacologic treatment, including psychotherapy; (3) promoting
wellness; and (4) preventing illness and disease. The certified clinical nurse specialist is certified
for advanced practice registered nursing in a specific field of clinical nurse specialist practice.
Subd. 6.
Collaborative management. "Collaborative management" is a mutually agreed
upon plan between an advanced practice registered nurse and one or more physicians or surgeons
licensed under chapter 147 that designates the scope of collaboration necessary to manage the
care of patients. The advanced practice registered nurse and the one or more physicians must have
experience in providing care to patients with the same or similar medical problems, except that
certified registered nurse anesthetists may continue to provide anesthesia in collaboration with
physicians, including surgeons, podiatrists licensed under chapter 153, and dentists licensed under
chapter 150A. Certified registered nurse anesthetists must provide anesthesia services at the same
hospital, clinic, or health care setting as the physician, surgeon, podiatrist, or dentist.
Subd. 7.
Consultation. "Consultation" means the process in which an advanced practice
registered nurse who maintains primary management responsibility for a patient's care seeks
advice or opinion of a physician or another member of the health care team.
Subd. 8.
Licensed practical nurse. "Licensed practical nurse," abbreviated LPN, means an
individual licensed by the board to practice practical nursing.
Subd. 9.
Nurse. "Nurse" means registered nurse, advanced practice registered nurse, and
licensed practical nurse unless the context clearly refers to only one category.
Subd. 10.
Nurse-midwife practice. "Nurse-midwife practice" means the management of
women's primary health care, focusing on pregnancy, childbirth, the postpartum period, care of
the newborn, and the family planning and gynecological needs of women and includes diagnosing
and providing nonpharmacologic treatment within a system that provides for consultation,
collaborative management, and referral as indicated by the health status of patients.
Subd. 11.
Nurse practitioner practice. "Nurse practitioner practice" means, within the
context of collaborative management: (1) diagnosing, directly managing, and preventing acute and
chronic illness and disease; and (2) promoting wellness, including providing nonpharmacologic
treatment. The certified nurse practitioner is certified for advanced registered nurse practice in a
specific field of nurse practitioner practice.
Subd. 12.
Nursing assistant. "Nursing assistant" means an individual providing nursing
or nursing-related services that do not require the specialized knowledge and skill of a nurse, at
the direction of a nurse, but does not include a licensed health professional or an individual who
volunteers to provide such services without monetary compensation.
Subd. 13.
Practice of advanced practice registered nursing. The "practice of advanced
practice registered nursing" means the performance of clinical nurse specialist practice,
nurse-midwife practice, nurse practitioner practice, or registered nurse anesthetist practice as
defined in subdivisions 5, 10, 11, and 21. The practice includes functioning as a direct care
provider, case manager, consultant, educator, and researcher. The practice of advanced practice
registered nursing also includes accepting referrals from, consulting with, cooperating with, or
referring to all other types of health care providers, including but not limited to physicians,
chiropractors, podiatrists, and dentists, provided that the advanced practice registered nurse and
the other provider are practicing within their scopes of practice as defined in state law. The
advanced practice registered nurse must practice within a health care system that provides for
consultation, collaborative management, and referral as indicated by the health status of the
patient.
Subd. 14.
Practice of practical nursing. The "practice of practical nursing" means the
performance for compensation or personal profit of any of those services in observing and caring
for the ill, injured, or infirm, in applying counsel and procedure to safeguard life and health, in
administering medication and treatment prescribed by a licensed health professional, which are
commonly performed by licensed practical nurses and which require specialized knowledge and
skill such as are taught or acquired in an approved school of practical nursing, but which do not
require the specialized education, knowledge, and skill of a registered nurse.
Subd. 15.
Practice of professional nursing. The "practice of professional nursing" means
the performance for compensation or personal profit of the professional interpersonal service of:
(1) providing a nursing assessment of the actual or potential health needs of individuals, families,
or communities; (2) providing nursing care supportive to or restorative of life by functions such as
skilled ministration of nursing care, supervising and teaching nursing personnel, health teaching
and counseling, case finding, and referral to other health resources; and (3) evaluating these
actions. The practice of professional nursing includes both independent nursing functions and
delegated medical functions which may be performed in collaboration with other health team
members, or may be delegated by the professional nurse to other nursing personnel. Independent
nursing function may also be performed autonomously. The practice of professional nursing
requires that level of special education, knowledge, and skill ordinarily expected of an individual
who has completed an approved professional nursing education program as described in section
148.211, subdivision 1.
Subd. 16.
Prescribing. "Prescribing" means the act of generating a prescription for the
preparation of, use of, or manner of using a drug or therapeutic device in accordance with the
provisions of section
148.235. Prescribing does not include recommending the use of a drug or
therapeutic device which is not required by the federal Food and Drug Administration to meet
the labeling requirements for prescription drugs and devices. Prescribing also does not include
recommending or administering a drug or therapeutic device perioperatively by a certified
registered nurse anesthetist.
Subd. 17.
Prescription. "Prescription" means a written direction or an oral direction
reduced to writing provided to or for an individual patient for the preparation or use of a drug
or therapeutic device.
Subd. 18.
Public health nurse. "Public health nurse" means a registered nurse who meets
the voluntary registration requirements established by the board by rule.
Subd. 19.
Referral. "Referral" means the process in which an advanced practice registered
nurse directs a patient to a physician or another health care professional for management of a
particular problem or aspect of the patient's care.
Subd. 20.
Registered nurse. "Registered nurse," abbreviated RN, means an individual
licensed by the board to practice professional nursing.
Subd. 21.
Registered nurse anesthetist practice. "Registered nurse anesthetist practice"
means the provision of anesthesia care and related services within the context of collaborative
management, including selecting, obtaining, and administering drugs and therapeutic devices to
facilitate diagnostic, therapeutic, and surgical procedures upon request, assignment, or referral
by a patient's physician, dentist, or podiatrist.
Subd. 22.
Registered nurse, certified. "Registered nurse, certified," abbreviated RN,C,
means a registered nurse who has received certification from a national nursing organization or
national nurse certification organization for practice according to subdivision 15 in a specialized
field of professional nursing. A registered nurse, certified, shall not practice advanced practice
registered nursing as described in subdivision 5, 10, 11, 13, or 21.
History: 1945 c 242 s 1; 1955 c 34 s 1; 1959 c 140 s 1; 1974 c 554 s 1; 1988 c 440 s 1; 1989
c 194 s 3; 1990 c 483 s 1; 1999 c 172 s 2,18
148.181 BOARD OF NURSING MEMBERSHIP, VACANCIES, DISCLOSURE.
Subdivision 1.
Membership. The Board of Nursing consists of 16 members appointed by
the governor, each of whom must be a resident of this state. Eight members must be registered
nurses, each of whom must have graduated from an approved school of nursing, must be licensed
and currently registered as a registered nurse in this state, and must have had at least five
years experience in nursing practice, nursing administration, or nursing education immediately
preceding appointment. One of the eight must have had at least two years executive or teaching
experience in a baccalaureate degree nursing program approved by the board under section
148.251 during the five years immediately preceding appointment, one of the eight must have
had at least two years executive or teaching experience in an associate degree nursing program
approved by the board under section
148.251 during the five years immediately preceding
appointment, one of the eight must be practicing professional nursing in a nursing home at the
time of appointment, one of the eight must have had at least two years executive or teaching
experience in a practical nursing program approved by the board under section
148.251 during
the five years immediately preceding appointment, and one of the eight must have national
certification as a registered nurse anesthetist, nurse practitioner, nurse midwife, or clinical nurse
specialist. Four of the eight must have had at least five years of experience in nursing practice
or nursing administration immediately preceding appointment. Four members must be licensed
practical nurses, each of whom must have graduated from an approved school of nursing, must be
licensed and currently registered as a licensed practical nurse in this state, and must have had at
least five years experience in nursing practice immediately preceding appointment. The remaining
four members must be public members as defined by section
214.02.
A member may be reappointed but may not serve more than two full terms consecutively.
The governor shall attempt to make appointments to the board that reflect the geography of the
state. The board members who are nurses should as a whole reflect the broad mix of practice types
and sites of nurses practicing in Minnesota.
Membership terms, compensation of members, removal of members, the filling of
membership vacancies, and fiscal year and reporting requirements are as provided in sections
214.07 to
214.09. Any nurse on the board who during incumbency permanently ceases to
be actively engaged in the practice of nursing or otherwise becomes disqualified for board
membership is automatically removed, and the governor shall fill the vacancy. The provision of
staff, administrative services, and office space; the review and processing of complaints; the
setting of board fees; and other provisions relating to board operations are as provided in sections
148.171 to
148.285 and chapter 214. Each member of the board shall file with the secretary of
state the constitutional oath of office before beginning the term of office.
Subd. 2.
Vacancies. On expiration of the term of a member who is a registered nurse, the
governor may appoint a registered nurse from a list of members submitted by professional nursing
groups. Likewise on expiration of the term of a member who is a licensed practical nurse, the
governor may appoint a licensed practical nurse from a list of members submitted by licensed
practical nursing groups. These lists should contain names of persons in number at least twice the
number of places to be filled. Vacancies occurring on the board, when the member is a registered
nurse or a licensed practical nurse, may be filled for the unexpired terms by appointments to be
made by the governor from nominations submitted by nursing groups in the manner aforesaid
or from other recommendations. Members shall hold office until a successor is appointed and
qualified.
Subd. 3.MS 1974 [Repealed,
1975 c 136 s 77]
Subd. 3.
Disclosure. A disciplinary hearing must be closed to the public.
Upon application of a party in a proceeding before the board under section
148.261, the
board shall produce and permit the inspection and copying, by or on behalf of the moving party,
of any designated documents or papers relevant to the proceedings, in accordance with rule 34
of the Minnesota Rules of Civil Procedure.
History: 1945 c 242 s 2; 1955 c 34 s 2; 1971 c 418 s 1; 1973 c 638 s 14; 1975 c 136 s 10;
1975 c 360 s 1,2; 1976 c 222 s 50; 1976 c 239 s 55; 1981 c 94 s 1; 1986 c 444; 1989 c 194 s 4;
1993 c 88 s 1,2; 1993 c 105 s 1; 1993 c 366 s 1
148.191 OFFICERS; STAFF; POWERS.
Subdivision 1.
Officers; staff. The board shall elect from its members a president, a
vice-president, and a secretary-treasurer who shall each serve for one year or until a successor is
elected and qualifies. The board shall appoint and employ an executive director subject to the
terms described in section
214.04, subdivision 2a, and may employ such persons as may be
necessary to carry on its work. A majority of the board, including one officer, shall constitute
a quorum at any meeting.
Subd. 2.
Powers. (a) The board is authorized to adopt and, from time to time, revise rules not
inconsistent with the law, as may be necessary to enable it to carry into effect the provisions of
sections
148.171 to
148.285. The board shall prescribe by rule curricula and standards for schools
and courses preparing persons for licensure under sections
148.171 to
148.285. It shall conduct
or provide for surveys of such schools and courses at such times as it may deem necessary. It
shall approve such schools and courses as meet the requirements of sections
148.171 to
148.285
and board rules. It shall examine, license, and renew the license of duly qualified applicants. It
shall hold examinations at least once in each year at such time and place as it may determine. It
shall by rule adopt, evaluate, and periodically revise, as necessary, requirements for licensure
and for registration and renewal of registration as defined in section
148.231. It shall maintain a
record of all persons licensed by the board to practice professional or practical nursing and all
registered nurses who hold Minnesota licensure and registration and are certified as advanced
practice registered nurses. It shall cause the prosecution of all persons violating sections
148.171
to
148.285 and have power to incur such necessary expense therefor. It shall register public health
nurses who meet educational and other requirements established by the board by rule, including
payment of a fee. Prior to the adoption of rules, the board shall use the same procedures used by
the Department of Health to certify public health nurses. It shall have power to issue subpoenas,
and to compel the attendance of witnesses and the production of all necessary documents and
other evidentiary material. Any board member may administer oaths to witnesses, or take their
affirmation. It shall keep a record of all its proceedings.
(b) The board shall have access to hospital, nursing home, and other medical records of a
patient cared for by a nurse under review. If the board does not have a written consent from a
patient permitting access to the patient's records, the nurse or facility shall delete any data in the
record that identifies the patient before providing it to the board. The board shall have access to
such other records as reasonably requested by the board to assist the board in its investigation.
Nothing herein may be construed to allow access to any records protected by section
145.64.
The board shall maintain any records obtained pursuant to this paragraph as investigative data
under chapter 13.
Subd. 3.[Repealed,
1989 c 194 s 22]
History: 1945 c 242 s 3; 1955 c 847 s 13; 1975 c 136 s 12; 1975 c 240 s 1; 1975 c 360 s 3;
1976 c 222 s 51; 1983 c 260 s 36; 1986 c 444; 1989 c 194 s 5; 1999 c 172 s 3; 2004 c 279 art 11 s 3
148.211 LICENSING.
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 statute. An applicant
applying for reexamination shall pay a fee in an amount determined by law. In no case may
fees be refunded.
(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.
(f) When the applicant has met all 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.
Subd. 2.
Licensure by endorsement. The board shall issue a license to practice professional
nursing or practical nursing without examination to an applicant who has been duly licensed or
registered as a nurse under the laws of another state, territory, or country, if in the opinion of the
board the applicant has the qualifications equivalent to the qualifications required in this state as
stated in subdivision 1, all other laws not inconsistent with this section, and rules promulgated by
the board.
Subd. 2a.
License recognition for nurses from border states; reciprocity. (a) A license
to practice professional or practical nursing issued by Iowa, North Dakota, South Dakota, or
Wisconsin (border state) to a resident in that state must be recognized by the board as authorizing
a licensure privilege to practice professional or practical nursing in Minnesota, if:
(1) the licensure standards in the state licensed are substantially the same as Minnesota
licensure standards;
(2) the border state has not taken adverse action against the nurse license;
(3) the nurse is not participating in an alternative or diversion program; or
(4) the nurse has not been refused a license to practice nursing in Minnesota.
(b) Within ten days of employment by a hospital, clinic, prepaid medical plan, or other
health care institution or organization located in this state, a nurse who practices professional
or practical nursing in Minnesota under the authority of a licensure privilege as provided in this
subdivision shall report the employment to the board on a form provided by the board. The board
shall maintain a list of the nurses practicing in Minnesota under this subdivision.
(c) A nurse who practices professional or practical nursing in Minnesota under the
authority of a licensure privilege as provided in this subdivision has the same obligations as if
the nurse was licensed in Minnesota and is subject to the laws and rules of Minnesota and the
regulatory authority of the board, including taking all forms of disciplinary action provided
for in section
148.262, subdivision 1, and corrective action provided for in section
214.103,
subdivision 6
, against an individual's licensure privilege based on the grounds listed in section
148.261, subdivision 1, any other statute authorizing or requiring the board to take corrective or
disciplinary action, and issuing a cease and desist order to limit or revoke a nurse's authority to
practice in Minnesota. The board is authorized to recover from a nurse practicing professional
or practical nursing in Minnesota under this subdivision the cost of proceedings as provided in
section
148.262, subdivision 4. The board shall promptly report any such actions to the border
state licensing board.
(d) The board shall seek reciprocity of nurse licensure with Iowa, North Dakota, South
Dakota, and Wisconsin. Lack of reciprocity does not limit the board's recognition of nurse
licenses from border states.
Subd. 3.[Repealed,
1976 c 222 s 209]
Subd. 4.
Education waived. A person who has been licensed as a licensed practical nurse
in another state, who has passed a licensing examination acceptable to the board, and who has
had 24 months of experience as a licensed practical nurse in the five years prior to applying for a
license is not required to meet any additional educational requirements.
Subd. 5.
Denial of license. Refusal of an applicant to supply information necessary to
determine the applicant's qualifications, failure to demonstrate qualifications, or failure to satisfy
the requirements for a license contained in this section or rules of the board may result in denial
of a license. The burden of proof is upon the applicant to demonstrate the qualifications and
satisfaction of the requirements.
History: 1945 c 242 s 5; 1955 c 34 s 4; 1961 c 56 s 1; 1967 c 68 s 1; 1969 c 53 s 1; 1975
c 360 s 4,5; 1976 c 222 s 52,53; 1981 c 94 s 2; 1986 c 444; 1989 c 194 s 6; 1993 c 88 s 3;
2002 c 272 s 1; 2004 c 279 art 4 s 1
148.212 TEMPORARY PERMIT.
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, who
graduated from a nursing program in a country other than the United States or Canada has
completed all requirements for licensure except registering for and taking the nurse 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.
Subd. 2.
Revocation. The board may revoke a temporary permit that has been issued to an
applicant for licensure under section
148.211, subdivisions 1 and 2, if the applicant is the subject
of an investigation or disciplinary action, or is disqualified for any other reason.
Subd. 3.
Release of information. Notwithstanding section
13.41, subdivision 2, the board
may release information regarding action taken by the board pursuant to subdivisions 1 and 2.
History: 1989 c 194 s 7; 1993 c 88 s 4; 1Sp2001 c 9 art 13 s 2; 2002 c 379 art 1 s 113;
2003 c 87 s 4; 2004 c 279 art 4 s 2
148.231 REGISTRATION; FAILURE TO REGISTER; REREGISTRATION;
VERIFICATION.
Subdivision 1.
Registration. Every person licensed to practice professional or practical
nursing must maintain with the board a current registration for practice as a registered nurse or
licensed practical nurse which must be renewed at regular intervals established by the board by
rule. No certificate of registration shall be issued by the board to a nurse until the nurse has
submitted satisfactory evidence of compliance with the procedures and minimum requirements
established by the board.
The fee for periodic registration for practice as a nurse shall be determined by the board by
rule. A penalty fee shall be added for any application received after the required date as specified
by the board by rule. Upon receipt of the application and the required fees, the board shall verify
the application and the evidence of completion of continuing education requirements in effect,
and thereupon issue to the nurse a certificate of registration for the next renewal period.
Subd. 2.[Repealed,
1981 c 94 s 12]
Subd. 3.[Repealed,
1976 c 222 s 209]
Subd. 4.
Failure to register. Any person licensed under the provisions of sections
148.171 to
148.285 who fails to register within the required period shall not be entitled to practice nursing
in this state as a registered nurse or licensed practical nurse.
Subd. 5.
Reregistration. A person whose registration has lapsed desiring to resume practice
shall make application for reregistration, submit satisfactory evidence of compliance with the
procedures and requirements established by the board, and pay the registration fee for the current
period to the board. A penalty fee shall be required from a person who practiced nursing without
current registration. Thereupon, the registration certificate shall be issued to the person who shall
immediately be placed on the practicing list as a registered nurse or licensed practical nurse.
Subd. 6.
Verification. A person licensed under the provisions of sections
148.171 to
148.285
who requests the board to verify a Minnesota license to another state, territory, or country or to an
agency, facility, school, or institution shall pay a fee to the board for each verification.
History: 1945 c 242 s 7; 1947 c 286 s 1; 1955 c 34 s 5; 1961 c 8 s 2; 1967 c 68 s 2; 1969 c
53 s 2,3; 1971 c 131 s 1; 1975 c 240 s 2; 1975 c 360 s 6,7; 1976 c 149 s 30; 1981 c 94 s 3-6;
1986 c 444; 1989 c 194 s 8; 1996 c 318 s 1
148.232 REGISTRATION OF PUBLIC HEALTH NURSES.
A public health nurse certified for public health duties by the commissioner of health under
section
145A.06, subdivision 3, or previous authority must be deemed to be registered as a public
health nurse under the provisions of sections
148.171 to
148.285.
History: 1989 c 194 s 9
148.233 IDENTIFICATION OF CERTIFIED REGISTERED NURSES.
Subdivision 1.
Registered nurse. A registered nurse certified in a specialized field of
professional nursing as described in section
148.171, subdivision 22, shall use the designation
RN,C for personal identification and in documentation of services provided. Identification of
educational degrees and specialty fields may be added.
Subd. 2.
Advanced practice registered nurse. An advanced practice registered nurse
certified as a certified clinical nurse specialist, certified nurse-midwife, certified nurse practitioner,
or certified registered nurse anesthetist shall use the appropriate designation: RN,CNS; RN,CNM;
RN,CNP; or RN,CRNA for personal identification and in documentation of services provided.
Identification of educational degrees and specialty fields may be added.
History: 1999 c 172 s 4,18
148.234 STATE BOUNDARIES CONSIDERATION.
A nurse may perform medical care procedures and techniques at the direction of a physician,
podiatrist, or dentist licensed in another state, United States territory, or Canadian province if
the physician, podiatrist, or dentist gave the direction after examining the patient and issued the
direction in that state, United States territory, or Canadian province.
Nothing in this section allows a nurse to perform a medical procedure or technique at the
direction of a physician, podiatrist, or dentist that is illegal in this state.
History: 1996 c 318 s 2
148.235 PRESCRIBING DRUGS AND THERAPEUTIC DEVICES.
Subdivision 1.
Certified nurse-midwives. A certified nurse-midwife may prescribe and
administer drugs and therapeutic devices within practice as a certified nurse-midwife.
Subd. 2.
Certified nurse practitioners. A certified nurse practitioner who has a written
agreement with a physician based on standards established by the Minnesota Nurses Association
and the Minnesota Medical Association that defines the delegated responsibilities related to the
prescription of drugs and therapeutic devices, may prescribe and administer drugs and therapeutic
devices within the scope of the written agreement and within practice as a certified nurse
practitioner. The written agreement required under this subdivision shall be based on standards
established by the Minnesota Nurses Association and the Minnesota Medical Association as of
January 1, 1996, unless both associations agree to revisions.
Subd. 2a.
Certified registered nurse anesthetists. A certified registered nurse anesthetist
who has a written agreement with a physician based on standards established by the Minnesota
Nurses Association and the Minnesota Medical Association that defines the delegated
responsibilities related to the prescription of drugs and therapeutic devices, may prescribe and
administer drugs and therapeutic devices within the scope of the written agreement and within
practice as a certified registered nurse anesthetist.
Subd. 3.[Repealed by amendment,
1999 c 172 s 5]
Subd. 4.
Certified clinical nurse specialists in psychiatric and mental health nursing.
A certified clinical nurse specialist who (1) has successfully completed no less than 30 hours
of formal study in the prescribing of psychotropic medications and medications to treat their
side effects which included instruction in health assessment, psychotropic classifications,
psychopharmacology, indications, dosages, contraindications, side effects, and evidence of
application; and (2) has a written agreement with a psychiatrist or other physician based on
standards established by the Minnesota Nurses Association and the Minnesota Psychiatric
Association that specifies and defines the delegated responsibilities related to the prescription of
drugs in relationship to the diagnosis, may prescribe and administer drugs used to treat psychiatric
and behavioral disorders and the side effects of those drugs within the scope of the written
agreement and within practice as a certified clinical nurse specialist in psychiatric and mental
health nursing. The written agreement required under this subdivision shall be based on standards
established by the Minnesota Nurses Association and the Minnesota Psychiatric Association as of
January 1, 1996, unless both associations agree to revisions.
Nothing in this subdivision removes or limits the legal professional liability of the treating
psychiatrist, certified clinical nurse specialist, mental health clinic or hospital for the prescription
and administration of drugs by a certified clinical nurse specialist in accordance with this
subdivision.
Subd. 4a.
Other certified clinical nurse specialists. A certified clinical nurse specialist
who: (1) has successfully completed no less than 30 hours of formal study from a college,
university, or university health care institution, which included the following: instruction in
health assessment, medication classifications, indications, dosages, contraindications, and side
effects; supervised practice; and competence evaluation, including evidence of the application
of knowledge pertaining to prescribing for and therapeutic management of the clinical type of
patients in the certified clinical nurse specialist's practice; and (2) has a written agreement with a
physician based on standards established by the Minnesota Nurses Association and the Minnesota
Medical Association that defines the delegated responsibilities related to the prescription of drugs
and therapeutic devices, may prescribe and administer drugs and therapeutic devices within the
scope of the written agreement and within practice as a certified clinical nurse specialist.
Subd. 4b.
Dispensing authority. An advanced practice registered nurse who is authorized
under this section to prescribe drugs is authorized to dispense drugs subject to the same
requirements established for the prescribing of drugs. This authority to dispense extends only to
those drugs described in the written agreement entered into under this section. The authority to
dispense includes, but is not limited to, the authority to receive and dispense sample drugs.
Subd. 5.[Repealed by amendment, 1999 c 172 c 5]
Subd. 6.
Standards for written agreements; review and filing. Written agreements
required under this section shall be maintained at the primary practice site of the advanced
practice registered nurse and of the collaborating physician. The written agreement does not need
to be filed with the Board of Nursing or the Board of Medical Practice.
Subd. 7.
Federal registration. Any advanced practice registered nurse who applies to the
federal Drug Enforcement Administration for a registration number shall submit to the board:
(1) proof that requirements of this section are met; and
(2) a processing fee of $50.
Subd. 8.
Prescription by protocol. A registered nurse may implement a protocol that
does not reference a specific patient and results in a prescription of a legend drug that has
been predetermined and delegated by a licensed practitioner as defined under section
151.01,
subdivision 23
, when caring for a patient whose condition falls within the protocol and when the
protocol specifies the circumstances under which the drug is to be prescribed or administered.
Subd. 9.
Vaccine by protocol. A nurse may implement a protocol that does not reference a
specific patient and results in the administration of a vaccine that has been predetermined and
delegated by a licensed practitioner as defined in section
151.01, subdivision 23, when caring
for a patient whose characteristics fall within the protocol and when the protocol specifies the
contraindications for implementation, including patients or populations of patients for whom
the vaccine must not be administered and the conditions under which the vaccine must not be
administered.
Subd. 10.
Administration of medications by unlicensed personnel in nursing facilities.
Notwithstanding the provisions of Minnesota Rules, part
4658.1360, subpart 2, a graduate of a
foreign nursing school who has successfully completed an approved competency evaluation under
the provisions of section
144A.61 is eligible to administer medications in a nursing facility
upon completion of a medication training program for unlicensed personnel offered through a
postsecondary educational institution, which meets the requirements specified in Minnesota
Rules, part
4658.1360, subpart 2, item B.
History: 1990 c 483 s 2; 1993 c 337 s 10; 1994 c 389 s 2; 1994 c 470 s 1-3; 1996 c 446 art 1
s 67,68; 1996 c 451 art 6 s 1; 1997 c 7 art 1 s 77; 1999 c 172 s 5; 2002 c 362 s 1,2; 2003 c 87 s 5
148.241 EXPENSES.
Subdivision 1.
Appropriation. The expenses of administering sections
148.171 to
148.285
shall be paid from the appropriation made to the Minnesota Board of Nursing.
Subd. 2.
Expenditure. All amounts appropriated to the board shall be held subject to the
order of the board to be used only for the purpose of meeting necessary expenses incurred in the
performance of the purposes of sections
148.171 to
148.285, and the duties imposed thereby as
well as the promotion of nursing education and standards of nursing care in this state.
History: 1945 c 242 s 8; 1955 c 34 s 3; 1973 c 638 s 16; 1976 c 222 s 54; 1989 c 194 s 10
148.251 NURSING PROGRAM.
Subdivision 1.
Initial approval. An institution desiring to conduct a nursing program shall
apply to the board and submit evidence that:
(1) It is prepared to provide a program of theory and practice in professional or practical
nursing that meets the program approval standards adopted by the board. Instruction and required
experience may be obtained in one or more institutions or agencies outside the applying institution
as long as the nursing program retains accountability for all clinical and nonclinical teaching.
(2) It is prepared to meet other standards established by law and by the board.
Subd. 2.[Repealed,
1989 c 194 s 22]
Subd. 3.
Continuing approval. From time to time as deemed necessary by the board, it
shall be the duty of the board, through its representatives, to survey all nursing programs in the
state. If the results of the survey show that a nursing program meets all board rules, the board
shall continue approval of the nursing program.
Subd. 4.
Loss of approval. If the board determines that an approved nursing program is
not maintaining the standards required by the statutes and board rules, notice thereof in writing
specifying the defect shall be given to the program. If a program fails to correct these conditions
to the satisfaction of the board within a reasonable time, approval of the program shall be revoked
and the program shall be removed from the list of approved nursing programs.
Subd. 5.
Reinstatement of approval. The board shall reinstate approval of a nursing
program upon submission of satisfactory evidence that its program of theory and practice meets
the standards required by statutes and board rules.
Subd. 6.
Advanced standing. Associate degree nursing programs approved or seeking to
be approved by the board shall provide for advanced standing for licensed practical nurses in
recognition of their nursing education and experience.
History: 1945 c 242 s 9; 1961 c 56 s 2; 1975 c 360 s 8; 1981 c 94 s 7; 1989 c 194 s 11
148.261 GROUNDS FOR DISCIPLINARY ACTION.
Subdivision 1.
Grounds listed. The board may deny, revoke, suspend, limit, or condition
the license and registration of any person to practice professional, advanced practice registered,
or practical nursing under sections
148.171 to
148.285, or to otherwise discipline a licensee or
applicant as described in section
148.262. The following are grounds for disciplinary action:
(1) Failure to demonstrate the qualifications or satisfy the requirements for a license
contained in sections
148.171 to
148.285 or rules of the board. In the case of a person applying
for a license, the burden of proof is upon the applicant to demonstrate the qualifications or
satisfaction of the requirements.
(2) Employing fraud or deceit in procuring or attempting to procure a permit, license, or
registration certificate to practice professional or practical nursing or attempting to subvert
the licensing examination process. Conduct that subverts or attempts to subvert the licensing
examination process includes, but is not limited to:
(i) conduct that violates the security of the examination materials, such as removing
examination materials from the examination room or having unauthorized possession of any
portion of a future, current, or previously administered licensing examination;
(ii) conduct that violates the standard of test administration, such as communicating with
another examinee during administration of the examination, copying another examinee's answers,
permitting another examinee to copy one's answers, or possessing unauthorized materials; or
(iii) impersonating an examinee or permitting an impersonator to take the examination
on one's own behalf.
(3) Conviction during the previous five years of a felony or gross misdemeanor reasonably
related to the practice of professional, advanced practice registered, or practical nursing.
Conviction as used in this subdivision includes a conviction of an offense that if committed in
this state would be considered a felony or gross misdemeanor without regard to its designation
elsewhere, or a criminal proceeding where a finding or verdict of guilt is made or returned but the
adjudication of guilt is either withheld or not entered.
(4) Revocation, suspension, limitation, conditioning, or other disciplinary action against
the person's professional or practical nursing license or advanced practice registered nursing
credential, in another state, territory, or country; failure to report to the board that charges
regarding the person's nursing license or other credential are pending in another state, territory, or
country; or having been refused a license or other credential by another state, territory, or country.
(5) Failure to or inability to perform professional or practical nursing as defined in section
148.171, subdivision 14 or 15, with reasonable skill and safety, including failure of a registered
nurse to supervise or a licensed practical nurse to monitor adequately the performance of acts by
any person working at the nurse's direction.
(6) Engaging in unprofessional conduct, including, but not limited to, a departure from or
failure to conform to board rules of professional or practical nursing practice that interpret the
statutory definition of professional or practical nursing as well as provide criteria for violations of
the statutes, or, if no rule exists, to the minimal standards of acceptable and prevailing professional
or practical nursing practice, or any nursing practice that may create unnecessary danger to a
patient's life, health, or safety. Actual injury to a patient need not be established under this clause.
(7) Failure of an advanced practice registered nurse to practice with reasonable skill and
safety or departure from or failure to conform to standards of acceptable and prevailing advanced
practice registered nursing.
(8) Delegating or accepting the delegation of a nursing function or a prescribed health care
function when the delegation or acceptance could reasonably be expected to result in unsafe
or ineffective patient care.
(9) Actual or potential inability to practice nursing with reasonable skill and safety to
patients by reason of illness, use of alcohol, drugs, chemicals, or any other material, or as a result
of any mental or physical condition.
(10) Adjudication as mentally incompetent, mentally ill, a chemically dependent person, or a
person dangerous to the public by a court of competent jurisdiction, within or without this state.
(11) Engaging in any unethical conduct, including, but not limited to, conduct likely to
deceive, defraud, or harm the public, or demonstrating a willful or careless disregard for the
health, welfare, or safety of a patient. Actual injury need not be established under this clause.
(12) Engaging 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, or engaging in sexual exploitation of a patient or former patient.
(13) Obtaining money, property, or services from a patient, other than reasonable fees
for services provided to the patient, through the use of undue influence, harassment, duress,
deception, or fraud.
(14) Revealing a privileged communication from or relating to a patient except when
otherwise required or permitted by law.
(15) Engaging in abusive or fraudulent billing practices, including violations of federal
Medicare and Medicaid laws or state medical assistance laws.
(16) Improper management of patient records, including failure to maintain adequate patient
records, to comply with a patient's request made pursuant to section
144.335, or to furnish a
patient record or report required by law.
(17) Knowingly aiding, assisting, advising, or allowing an unlicensed person to engage in the
unlawful practice of professional, advanced practice registered, or practical nursing.
(18) Violating a rule adopted by the board, an order of the board, or a state or federal law
relating to the practice of professional, advanced practice registered, or practical nursing, or a
state or federal narcotics or controlled substance law.
(19) Knowingly providing false or misleading information that is directly related to the care
of that patient unless done for an accepted therapeutic purpose such as the administration of
a placebo.
(20) Aiding suicide or aiding attempted suicide in violation of section
609.215 as established
by any of the following:
(i) a copy of the record of criminal conviction or plea of guilty for a felony in violation of
section
609.215, subdivision 1 or 2;
(ii) a copy of the record of a judgment of contempt of court for violating an injunction
issued under section
609.215, subdivision 4;
(iii) a copy of the record of a judgment assessing damages under section
609.215, subdivision
5
; or
(iv) a finding by the board that the person violated section
609.215, subdivision 1 or 2. The
board shall investigate any complaint of a violation of section
609.215, subdivision 1 or 2.
(21) Practicing outside the scope of practice authorized by section
148.171, subdivision
5
, 10, 11, 13, 14, 15, or 21.
(22) Practicing outside the specific field of nursing practice for which an advanced practice
registered nurse is certified unless the practice is authorized under section
148.284.
(23) Making a false statement or knowingly providing false information to the board, failing
to make reports as required by section
148.263, or failing to cooperate with an investigation
of the board as required by section
148.265.
(24) Engaging in false, fraudulent, deceptive, or misleading advertising.
(25) Failure to inform the board of the person's certification status as a nurse anesthetist,
nurse-midwife, nurse practitioner, or clinical nurse specialist.
(26) Engaging in clinical nurse specialist practice, nurse-midwife practice, nurse practitioner
practice, or registered nurse anesthetist practice without current certification by a national nurse
certification organization acceptable to the board, except during the period between completion
of an advanced practice registered nurse course of study and certification, not to exceed six
months or as authorized by the board.
(27) Engaging in conduct that is prohibited under section
145.412.
(28) Failing to report employment to the board as required by section
148.211, subdivision
2a
, or knowingly aiding, assisting, advising, or allowing a person to fail to report as required
by section
148.211, subdivision 2a.
Subd. 2.[Repealed,
1976 c 222 s 209]
Subd. 3.[Repealed,
1989 c 194 s 22]
Subd. 4.
Evidence. In disciplinary actions alleging a violation of subdivision 1, clause (3)
or (4), a copy of the judgment or proceeding under the seal of the court administrator or of the
administrative agency that entered the same shall be admissible into evidence without further
authentication and shall constitute prima facie evidence of the violation concerned.
Subd. 5.
Examination; access to medical data. The board may take the following actions
if it has probable cause to believe that grounds for disciplinary action exist under subdivision
1, clause (9) or (10):
(a) It may direct the applicant or nurse to submit to a mental or physical examination or
chemical dependency evaluation. For the purpose of this subdivision, when a nurse licensed under
sections
148.171 to
148.285 is directed in writing by the board to submit to a mental or physical
examination or chemical dependency evaluation, that person is considered to have consented and
to have waived all objections to admissibility on the grounds of privilege. Failure of the applicant
or nurse to submit to an examination when directed constitutes an admission of the allegations
against the applicant or nurse, unless the failure was due to circumstances beyond the person's
control, and the board may enter a default and final order without taking testimony or allowing
evidence to be presented. A nurse affected under this paragraph shall, at reasonable intervals,
be given an opportunity to demonstrate that the competent practice of professional, advanced
practice registered, or practical nursing can be resumed with reasonable skill and safety to
patients. Neither the record of proceedings nor the orders entered by the board in a proceeding
under this paragraph, may be used against a nurse in any other proceeding.
(b) It may, notwithstanding sections
13.384,
144.651,
595.02, or any other law limiting
access to medical or other health data, obtain medical data and health records relating to a
registered nurse, advanced practice registered nurse, licensed practical nurse, or applicant for a
license without that person's consent. The medical data may be requested from a provider, as
defined in section
144.335, subdivision 1, paragraph (b), an insurance company, or a government
agency, including the Department of Human Services. A provider, insurance company, or
government agency shall comply with any written request of the board under this subdivision
and is not liable in any action for damages for releasing the data requested by the board if the
data are released pursuant to a written request under this subdivision unless the information is
false and the provider giving the information knew, or had reason to believe, the information was
false. Information obtained under this subdivision is classified as private data on individuals
as defined in section
13.02.
History: 1945 c 242 s 10; 1975 c 360 s 9; 1976 c 222 s 55; 1986 c 444; 1989 c 194 s 12;
1992 c 464 art 1 s 56; 1992 c 559 art 1 s 4; 1992 c 577 s 3; 1993 c 88 s 5; 1999 c 172 s 6,7,18;
1999 c 227 s 22; 2002 c 272 s 2
148.262 FORMS OF DISCIPLINARY ACTION; AUTOMATIC SUSPENSION;
TEMPORARY SUSPENSION; REISSUANCE.
Subdivision 1.
Forms of disciplinary action. When the board finds that grounds for
disciplinary action exist under section
148.261, subdivision 1, it may take one or more of the
following actions:
(1) deny the license, registration, or registration renewal;
(2) revoke the license;
(3) suspend the license;
(4) impose limitations on the nurse's practice of professional, advanced practice registered,
or practical nursing including, but not limited to, limitation of scope of practice or the requirement
of practice under supervision;
(5) impose conditions on the retention of the license including, but not limited to, the
imposition of retraining or rehabilitation requirements or the conditioning of continued practice
on demonstration of knowledge or skills by appropriate examination, monitoring, or other review;
(6) impose a civil penalty not exceeding $10,000 for each separate violation, the amount
of the civil penalty to be fixed as to deprive the nurse of any economic advantage gained by
reason of the violation charged, to reimburse the board for the cost of counsel, investigation, and
proceeding, and to discourage repeated violations;
(7) order the nurse to provide unremunerated service;
(8) censure or reprimand the nurse; or
(9) any other action justified by the facts in the case.
Subd. 2.
Automatic suspension. Unless the board orders otherwise, a license to practice
professional or practical nursing is automatically suspended if:
(1) a guardian of a nurse is appointed by order of a court under sections
524.5-101 to
524.5-502;
(2) the nurse is committed by order of a court under chapter 253B; or
(3) the nurse is determined to be mentally incompetent, mentally ill, chemically dependent, or
a person dangerous to the public by a court of competent jurisdiction within or without this state.
The license remains suspended until the nurse is restored to capacity by a court and, upon
petition by the nurse, the suspension is terminated by the board after a hearing or upon agreement
between the board and the nurse.
Subd. 3.
Temporary suspension of license. In addition to any other remedy provided by
law, the board may, through its designated board member under section
214.10, subdivision
2
, temporarily suspend the license of a nurse without a hearing if the board finds that there is
probable cause to believe the nurse has violated a statute or rule the board is empowered to enforce
and continued practice by the nurse would create a serious risk of harm to others. The suspension
shall take effect upon written notice to the nurse, served by first-class mail, specifying the statute
or rule violated. The suspension shall remain in effect until the board issues a temporary stay of
suspension or a final order in the matter after a hearing or upon agreement between the board
and the nurse. At the time it issues the suspension notice, the board shall schedule a disciplinary
hearing to be held under the Administrative Procedure Act. The nurse shall be provided with at
least 20 days' notice of any hearing held under this subdivision. The hearing shall be scheduled to
begin no later than 30 days after the issuance of the suspension order.
Subd. 4.
Reissuance. The board may reinstate and reissue a license or registration certificate
to practice professional or practical nursing, but as a condition may impose any disciplinary
or corrective measure that it might originally have imposed. Any person whose license or
registration has been revoked, suspended, or limited may have the license reinstated and a new
registration issued when, in the discretion of the board, the action is warranted, provided that
the person shall be required by the board to pay the costs of the proceedings resulting in the
revocation, suspension, or limitation of the license or registration certificate and reinstatement of
the license or registration certificate, and to pay the fee for the current registration period. The
cost of proceedings shall include, but not be limited to, the cost paid by the board to the Office
of Administrative Hearings and the Office of the Attorney General for legal and investigative
services, the costs of a court reporter and witnesses, reproduction of records, board staff time,
travel, and expenses, and board members' per diem reimbursements, travel costs, and expenses.
History: 1989 c 194 s 13; 1Sp1994 c 1 art 2 s 8; 1999 c 172 s 8; 2004 c 146 art 3 s 47
148.263 REPORTING OBLIGATIONS.
Subdivision 1.
Permission to report. A person who has knowledge of any conduct
constituting grounds for discipline under sections
148.171 to
148.285 may report the alleged
violation to the board.
Subd. 2.
Institutions. The chief nursing executive or chief administrative officer of any
hospital, clinic, prepaid medical plan, or other health care institution or organization located in
this state shall report to the board any action taken by the institution or organization or any of its
administrators or committees to revoke, suspend, limit, or condition a nurse's privilege to practice
in the institution, or as part of the organization, any denial of privileges, any dismissal from
employment, or any other disciplinary action. The institution or organization shall also report
the resignation of any nurse before the conclusion of any disciplinary proceeding, or before
commencement of formal charges, but after the nurse had knowledge that formal charges were
contemplated or in preparation. The reporting described by this subdivision is required only if the
action pertains to grounds for disciplinary action under section
148.261.
Subd. 3.
Licensed professionals. A person licensed by a health-related licensing board as
defined in section
214.01, subdivision 2, shall report to the board personal knowledge of any
conduct the person reasonably believes constitutes grounds for disciplinary action under sections
148.171 to
148.285 by any nurse including conduct indicating that the nurse may be incompetent,
may have engaged in unprofessional or unethical conduct, or may be mentally or physically unable
to engage safely in the practice of professional, advanced practice registered, or practical nursing.
Subd. 4.
Insurers. Four times each year, by the first day of February, May, August, and
November, each insurer authorized to sell insurance described in section
60A.06, subdivision 1,
clause (13), and providing professional liability insurance to registered nurses, advanced practice
registered nurses, or licensed practical nurses shall submit to the board a report concerning any
nurse against whom a malpractice award has been made or who has been a party to a settlement.
The report must contain at least the following information:
(1) the total number of settlements or awards;
(2) the date settlement or award was made;
(3) the allegations contained in the claim or complaint leading to the settlement or award;
(4) the dollar amount of each malpractice settlement or award and whether that amount was
paid as a result of a settlement or of an award; and
(5) the name and address of the practice of the nurse against whom an award was made or
with whom a settlement was made.
An insurer shall also report to the board any information it possesses that tends to substantiate
a charge that a nurse may have engaged in conduct violating sections
148.171 to
148.285.
Subd. 5.
Courts. The court administrator of district court or another court of competent
jurisdiction shall report to the board any judgment or other determination of the court that
adjudges or includes a finding that a nurse is a person who is mentally ill, mentally incompetent,
chemically dependent, dangerous to the public, guilty of a felony or gross misdemeanor, guilty of
a violation of federal or state narcotics laws or controlled substances act, guilty of operating a
motor vehicle while under the influence of alcohol or a controlled substance, or guilty of an abuse
or fraud under Medicare or Medicaid, appoints a guardian of the nurse under sections
524.5-101
to
524.5-502, or commits a nurse under chapter 253B.
Subd. 6.
Deadlines; forms. Reports required by subdivisions 2 to 5 must be submitted no
later than 30 days after the occurrence of the reportable event or transaction. The board may
provide forms for the submission of reports required by this section, may require that the reports
be submitted on the forms provided, and may adopt rules necessary to assure prompt and accurate
reporting. The board shall review all reports, including those submitted after the deadline.
History: 1989 c 194 s 14; 1Sp1994 c 1 art 2 s 9; 1999 c 172 s 9,10; 2002 c 221 s 2; 2004 c
146 art 3 s 47
148.264 IMMUNITY.
Subdivision 1.
Reporting. Any person, health care facility, business, or organization is
immune from civil liability or criminal prosecution for submitting in good faith a report to the
board under section
148.263 or for otherwise reporting in good faith to the board violations or
alleged violations of sections
148.171 to
148.285. All such reports are investigative data as
defined in chapter 13.
Subd. 2.
Investigation. (a) Members of the board and persons employed by the board or
engaged in the investigation of violations and in the preparation and management of charges of
violations of sections
148.171 to
148.285 on behalf of the board or persons participating in the
investigation or testifying regarding charges of violations 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
148.171 to
148.285.
(b) Members of the board and persons employed by the board or engaged in maintaining
records and making reports regarding adverse health care events are immune from civil liability
and criminal prosecution for any actions, transactions, or publications in the execution of or
relating to their duties under section
148.267.
History: 1989 c 194 s 15; 2004 c 186 s 7
148.265 NURSE COOPERATION.
A nurse who is the subject of 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 and providing copies
of patient or other records in the nurse's possession, as reasonably requested by the board, to assist
the board in its investigation and to appear at conferences and hearings scheduled by the board.
The board shall pay for copies requested. If the board does not have a written consent from
a patient permitting access to the patient's records, the nurse shall delete any data in the record
that identify the patient before providing it to the board. The board shall maintain any records
obtained pursuant to this section as investigative data under chapter 13. The nurse shall not be
excused from giving testimony or producing any documents, books, records, or correspondence
on the grounds of self-incrimination, but the testimony or evidence may not be used against the
nurse in any criminal case.
History: 1989 c 194 s 16
148.266 DISCIPLINARY RECORD ON JUDICIAL REVIEW.
Upon judicial review of any board disciplinary action taken under sections
148.171 to
148.285, the reviewing court shall seal the administrative record, except for the board's final
decision, and shall not make the administrative record available to the public.
History: 1989 c 194 s 17
148.267 REPORTS TO THE COMMISSIONER OF HEALTH.
(a) The board shall maintain a record of an event that comes to the board's attention that,
in the judgment of the board or a committee of the board, qualifies as an adverse health care
event under section
144.7065.
(b) Within 30 days of making a determination under paragraph (a) that an event qualifies as
an adverse health care event, the board shall forward to the commissioner of health a report of
the event, including the facility involved, the date of the event, and information known to the
board regarding the event. The report shall not include any identifying information for any of the
health care professionals, facility employees, or patients involved.
History: 2004 c 186 s 8
148.271 EXEMPTIONS.
The provisions of sections
148.171 to
148.285 shall not prohibit:
(1) The furnishing of nursing assistance in an emergency.
(2) The practice of professional or practical nursing by any legally qualified registered or
licensed practical nurse of another state who is employed by the United States government or any
bureau, division, or agency thereof while in the discharge of official duties.
(3) The practice of any profession or occupation licensed by the state, other than professional
or practical nursing, by any person duly licensed to practice the profession or occupation, or
the performance by a person of any acts properly coming within the scope of the profession,
occupation, or license.
(4) The provision of a nursing or nursing-related service by a nursing assistant who has
been delegated the specific function and is supervised by a registered nurse or monitored by
a licensed practical nurse.
(5) The care of the sick with or without compensation when done in a nursing home covered
by the provisions of section
144A.09, subdivision 1.
(6) Professional nursing practice or advanced practice registered nursing practice by a
registered nurse or practical nursing practice by a licensed practical nurse licensed in another state
or territory who is in Minnesota as a student enrolled in a formal, structured course of study, such
as a course leading to a higher degree, certification in a nursing specialty, or to enhance skills
in a clinical field, while the student is practicing in the course.
(7) Professional or practical nursing practice by a student practicing under the supervision
of an instructor while the student is enrolled in a nursing program approved by the board under
section
148.251.
(8) Advanced practice registered nursing as defined in section
148.171, subdivisions 5, 10,
11, 13, and 21
, by a registered nurse who is licensed and currently registered in Minnesota or
another United States jurisdiction and who is enrolled as a student in a formal education program
leading to eligibility for certification as an advanced practice registered nurse; or by a registered
nurse licensed and currently registered in Minnesota who has completed an advanced practice
registered nurse course of study and is awaiting certification, the period not to exceed six months.
History: 1945 c 242 s 11; 1959 c 140 s 2; 1975 c 360 s 10; 1977 c 256 s 1; 1981 c 94 s 8;
1986 c 444; 1989 c 194 s 18; 1999 c 172 s 11,18
148.281 VIOLATIONS; PENALTY.
Subdivision 1.
Violations described. It shall be unlawful for any person, corporation, firm,
or association, to:
(1) sell or fraudulently obtain or furnish any nursing diploma, license or record, or aid
or abet therein;
(2) practice professional or practical nursing, practice as a public health nurse, or practice as
a certified clinical nurse specialist, certified nurse-midwife, certified nurse practitioner, or certified
registered nurse anesthetist under cover of any diploma, permit, license, registration certificate,
advanced practice credential, or record illegally or fraudulently obtained or signed or issued
unlawfully or under fraudulent representation;
(3) practice professional or practical nursing unless the person has been issued a temporary
permit under the provisions of section
148.212 or is duly licensed and currently registered to do
so under the provisions of sections
148.171 to
148.285;
(4) use the professional title nurse unless duly licensed to practice professional or practical
nursing under the provisions of sections
148.171 to
148.285, except as authorized by the board by
rule;
(5) use any abbreviation or other designation tending to imply licensure as a registered nurse
or licensed practical nurse unless duly licensed and currently registered so to practice professional
or practical nursing under the provisions of sections
148.171 to
148.285 except as authorized
by the board by rule;
(6) use any title, abbreviation, or other designation tending to imply certification as a
certified registered nurse as defined in section
148.171, subdivision 22, unless duly certified
by a national nurse certification organization;
(7) use any abbreviation or other designation tending to imply registration as a public health
nurse unless duly registered by the board;
(8) practice professional, advanced practice registered, or practical nursing in a manner
prohibited by the board in any limitation of a license or registration issued under the provisions of
sections
148.171 to
148.285;
(9) practice professional, advanced practice registered, or practical nursing during the time a
license or current registration issued under the provisions of sections
148.171 to
148.285 shall
be suspended or revoked;
(10) conduct a nursing program for the education of persons to become registered nurses or
licensed practical nurses unless the program has been approved by the board;
(11) knowingly employ persons in the practice of professional or practical nursing who
have not been issued a current permit, license, or registration certificate to practice as a nurse
in this state; and
(12) knowingly employ a person in advanced practice registered nursing unless the person
meets the standards and practices of sections
148.171 to
148.285.
Subd. 1a.[Repealed,
1989 c 194 s 22]
Subd. 2.
Penalty. Any person, corporation, or association violating any provisions of
subdivision 1 shall be guilty of a gross misdemeanor, and shall be punished according to law.
History: 1945 c 242 s 12,13; 1959 c 140 s 4; 1975 c 360 s 11; 1977 c 256 s 2; 1986 c 444;
1989 c 194 s 19; 1999 c 172 s 12,18; 2003 c 87 s 6
148.283 UNAUTHORIZED PRACTICE OF PROFESSIONAL, ADVANCED PRACTICE
REGISTERED, AND PRACTICAL NURSING.
The practice of professional, advanced practice registered, or practical nursing by any person
who has not been licensed to practice professional or practical nursing under the provisions
of sections
148.171 to
148.285, or whose license has been suspended or revoked, or whose
registration or national credential has expired, is hereby declared to be inimical to the public health
and welfare and to constitute a public nuisance. Upon complaint being made thereof by the board,
or any prosecuting officer, and upon a proper showing of the facts, the district court of the county
where such practice occurred may enjoin such acts and practice. Such injunction proceeding shall
be in addition to, and not in lieu of, all other penalties and remedies provided by law.
History: 1959 c 140 s 6; 1989 c 194 s 20; 1999 c 172 s 13
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) Paragraphs (a) 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.
History: 1999 c 172 s 14; 1Sp2001 c 9 art 13 s 3; 2002 c 362 s 3; 2002 c 379 art 1 s 113;
2004 c 279 art 4 s 3
148.285 TRANSFER OF ASSETS.
All money, property, and property rights belonging to and under the control of the board of
examiners, are hereby transferred and appropriated to the control and use of the board hereunder
and the purpose provided herein.
History: 1945 c 242 s 14
SPEECH-LANGUAGE PATHOLOGISTS
AND AUDIOLOGISTS
148.511 MS 1971 [Repealed,
1974 c 62 s 4]
148.511 SCOPE.
Sections
148.511 to
148.5198 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
148.5198 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.
History: 1996 c 363 s 1; 2001 c 7 s 34; 2003 c 87 s 7; 2004 c 279 art 1 s 1; 2005 c 147
art 7 s 19
148.512 DEFINITIONS.
Subdivision 1.
Scope. For the purpose of sections
148.511 to
148.5198, the following terms
have the meanings given to them.
Subd. 2.
Accredited educational institution. "Accredited educational institution" means a
university or college that offers speech-language pathology or audiology graduate degrees and
that is accredited by the Council on Academic Accreditation in Audiology and Speech-Language
Pathology, a body recognized by the United States Department of Education, or an equivalent as
determined by the commissioner.
Subd. 3.
Advisory council. "Advisory council" means the Minnesota Speech-Language
Pathologist and Audiologist Advisory Council established under section
214.13, subdivision 4.
Subd. 4.
Applicant. "Applicant" means a person who applies to the commissioner for
licensure or licensure renewal.
Subd. 5.
Approved continuing education sponsor. "Continuing education sponsor" means
an organization that offers a learning experience designed to promote continuing competency in
the procedures and techniques of the practice of speech-language pathology or audiology and
whose activities meet the criteria in section
148.5193, subdivision 2.
Subd. 6.
Audiologist. "Audiologist" means a natural person who engages in the practice of
audiology, meets the qualifications required by sections
148.511 to
148.5198, and is licensed by
the commissioner under a general, clinical fellowship, doctoral externship, or temporary license.
Audiologist also means a natural person using any descriptive word with the title audiologist.
Subd. 7.
Commissioner. "Commissioner" means the commissioner of health or a designee.
Subd. 8.
Contact hour. "Contact hour" means an instructional session of 60 consecutive
minutes, excluding coffee breaks, registration, meals without a speaker, and social activities.
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 licensee for credit to achieve a baccalaureate or master's
degree in speech-language pathology or audiology.
Subd. 10.
Credential. "Credential" means a license, permit, certification, registration, or
other evidence of qualification or authorization to engage in the practice of speech-language
pathology or audiology issued by any authority.
Subd. 10a.
Hearing aid. "Hearing aid" means an instrument, or any of its parts, worn in the
ear canal and designed to or represented as being able to aid or enhance human hearing. "Hearing
aid" includes the aid's parts, attachments, or accessories, including, but not limited to, ear molds
and behind the ear (BTE) devices with or without an ear mold. Batteries and cords are not parts,
attachments, or accessories of a hearing aid. Surgically implanted hearing aids, and assistive
listening devices not worn within the ear canal, are not hearing aids.
Subd. 10b.
Hearing aid dispensing. "Hearing aid dispensing" means making ear mold
impressions, prescribing, or recommending a hearing aid, assisting the consumer in aid selection,
selling hearing aids at retail, or testing human hearing in connection with these activities
regardless of whether the person conducting these activities has a monetary interest in the
dispensing of hearing aids to the consumer.
Subd. 11.[Repealed,
2003 c 87 s 53]
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) 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.
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) 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.
Subd. 14.
License or licensed. "License" or "licensed" means the act or status of a person
who meets the requirements of sections
148.511 to
148.5198.
Subd. 15.
Licensee. "Licensee" means an individual who meets the requirements of sections
148.511 to
148.5198.
Subd. 16.
Licensure. "Licensure" is the system of regulation defined in section
214.001,
subdivision 3
, paragraph (c), and is the process specified in sections
148.511 to
148.5198.
Subd. 17.
Speech-language pathologist. "Speech-language pathologist" means a person
who practices speech-language pathology, meets the qualifications under sections
148.511 to
148.5198, and is licensed by the commissioner. Speech-language pathologist also means a natural
person using, as an occupational title, a term identified in section
148.513.
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.
Subd. 18.
Supervisee. "Supervisee" means a person who, under the direction or evaluation
of a supervisor, is:
(1) engaging in the supervised practice of speech-language pathology or audiology;
(2) performing a function of supervised clinical training as a student of speech-language
pathology or audiology; or
(3) performing a function of supervised postgraduate or doctoral clinical experience in
speech-language pathology or audiology.
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;
(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.
Subd. 20.
Supervisor. "Supervisor" means a person who has the authority to direct or
evaluate a supervisee and who:
(1) is a licensed speech-language pathologist or audiologist; or
(2) when the commissioner determines that supervision by a licensed speech-language
pathologist or audiologist as required in clause (1) is unobtainable, and in other situations
considered appropriate by the commissioner, is a person practicing speech-language pathology
or audiology who holds a current certificate of clinical competence from the American
Speech-Language-Hearing Association or board certification in audiology by the American
Board of Audiology.
History: 1996 c 363 s 2; 2000 c 460 s 22; 2003 c 87 s 8-20; 2004 c 279 art 1 s 2-6; 2005
c 147 art 7 s 1-3,19
148.513 LICENSURE; PROTECTED TITLES AND RESTRICTIONS ON USE;
EXEMPTIONS.
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
148.5198 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.
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
148.5198:
(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
paragraph by any person is prohibited unless that person is licensed under sections
148.511 to
148.5198.
(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."
Subd. 2a.
Hearing aid dispensers. An audiologist must not hold out as a licensed hearing
aid dispenser.
Subd. 3.
Exemption. (a) Nothing in sections
148.511 to
148.5198 prohibits the practice of
any profession or occupation licensed, certified, or registered by the state by any person duly
licensed, certified, or registered to practice the profession or occupation or to perform any act that
falls within the scope of practice of the profession or occupation.
(b) Subdivision 1 does not apply to a student participating in supervised field work or
supervised course work that is necessary to meet the requirements of section
148.515, subdivision
2
or 3, if the person is designated by a title which clearly indicates the person's status as a
student trainee.
(c) Subdivisions 1 and 2 do not apply to a person visiting and then leaving the state and using
titles restricted under this section while in the state, if the titles are used 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 audiologist or speech-language pathologist licensed under sections
148.511 to
148.5198.
History: 1996 c 363 s 3; 2003 c 87 s 21; 2004 c 279 art 1 s 7,8; 2005 c 147 art 7 s 4,19
148.514 GENERAL LICENSURE REQUIREMENTS; PROCEDURES AND
QUALIFICATIONS.
Subdivision 1.
General licensure procedures. An applicant for licensure must:
(1) submit an application as required under section
148.519, subdivision 1; and
(2) submit all fees required under section
148.5194.
Subd. 2.
General licensure qualifications. An applicant for licensure must possess the
qualifications required in one of the following clauses:
(1) a person who applies for licensure and does not meet the requirements in clause (2) or
(3), must meet the requirements in section
148.515;
(2) a person who applies for licensure and who has a current certificate of clinical
competence issued by the American Speech-Language-Hearing Association, or board certification
by the American Board of Audiology, must meet the requirements of section
148.516; or
(3) a person who applies for licensure by reciprocity must meet the requirements under
section
148.517.
History: 1996 c 363 s 4; 2003 c 87 s 22
148.515 QUALIFICATIONS FOR LICENSURE.
Subdivision 1.
Applicability. Except as provided in section
148.516 or
148.517, an applicant
must meet the requirements in this section.
Subd. 2.
Master's or doctoral degree required. (a) An applicant must possess a master's
or doctoral degree that meets the requirements of paragraph (b). If completing a doctoral
program in which a master's degree has not been conferred, an applicant must submit a transcript
showing completion of course work equivalent to, or exceeding, a master's degree that meets
the requirement of paragraph (b).
(b) All of the applicant's graduate coursework and clinical practicum required in the
professional area for which licensure is sought must have been initiated and completed at an
institution whose program meets the current requirements and was accredited by the Educational
Standards Board of the Council on Academic Accreditation in Audiology and Speech-Language
Pathology, a body recognized by the United States Department of Education, or an equivalent as
determined by the commissioner, in the area for which licensure is sought.
Subd. 3.[Repealed,
2003 c 87 s 53]
Subd. 4.
Supervised graduate or doctoral clinical experience required. An applicant
must complete the graduate or doctoral clinical experience required by the American
Speech-Language-Hearing Association, the American Board of Audiology, or an equivalent,
as determined by the commissioner, and must achieve a qualifying examination score on the
National Examination in Speech-Language Pathology or Audiology.
Subd. 5.[Repealed,
2003 c 87 s 53]
Subd. 6.
Dispensing audiologist examination requirements. (a) Audiologists are exempt
from the written examination requirement in section
153A.14, subdivision 2h, paragraph (a),
clause (1).
(b) After July 31, 2005, all applicants for audiologist licensure under sections
148.512 to
148.5198 must achieve a passing score on the practical tests of proficiency described in section
153A.14, subdivision 2h, paragraph (a), clause (2), within the time period described in section
153A.14, subdivision 2h, paragraph (c).
(c) In order to dispense hearing aids as a sole proprietor, member of a partnership, or for a
limited liability company, corporation, or any other entity organized for profit, a licensee who
obtained audiologist licensure under sections
148.512 to
148.5198, before August 1, 2005, and
who is not certified to dispense hearing aids under chapter 153A, must achieve a passing score
on the practical tests of proficiency described in section
153A.14, subdivision 2h, paragraph
(a), clause (2), within the time period described in section
153A.14, subdivision 2h, paragraph
(c). All other audiologist licensees who obtained licensure before August 1, 2005, are exempt
from the practical tests.
(d) An applicant for an audiology license who obtains a temporary license under section
148.5175 may dispense hearing aids only under supervision of a licensed audiologist who
dispenses hearing aids.
History: 1996 c 363 s 5; 1998 c 317 s 2; 2000 c 460 s 23; 2003 c 87 s 23,24; 2005 c 147 art
7 s 5; 2006 c 267 art 2 s 4,5
148.516 LICENSURE BY EQUIVALENCY.
An applicant who applies for licensure by equivalency must show evidence of possessing
a current certificate of clinical competence issued by the American Speech-Language-Hearing
Association or board certification by the American Board of Audiology and must meet the
requirements of section
148.514.
History: 1996 c 363 s 6; 2003 c 87 s 25
148.5161 CLINICAL FELLOWSHIP LICENSURE OR DOCTORAL EXTERNSHIP
LICENSURE.
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.
Subd. 2.
Procedures. To be eligible for clinical fellowship licensure or doctoral externship
licensure, an applicant must submit an application form provided by the commissioner, the
fees required by section
148.5194, and evidence of successful completion of the requirements
in section
148.515, subdivision 2.
Subd. 3.
Supervision required. (a) A clinical fellowship licensee or doctoral externship
licensee must practice under the supervision of an individual who meets the requirements of
section
148.512, subdivision 20. Supervision must conform to the requirements in paragraphs
(b) to (e).
(b) Supervision must include both on-site observation and other monitoring activities.
On-site observation must involve the supervisor, the clinical fellowship licensee or doctoral
externship licensee, and the client receiving speech-language pathology or audiology services and
must include direct observation by the supervisor of treatment given by the clinical fellowship
licensee or doctoral externship licensee. Other monitoring activities must involve direct or
indirect evaluative contact by the supervisor of the clinical fellowship licensee or doctoral
externship licensee, may be executed by correspondence, and may include, but are not limited to,
conferences with the clinical fellowship licensee or doctoral externship licensee, evaluation of
written reports, and evaluations by professional colleagues. Other monitoring activities do not
include the client receiving speech-language pathology or audiology services.
(c) The clinical fellowship licensee or doctoral externship licensee must be supervised by an
individual who meets the definition of section
148.512, subdivision 20, and:
(1) when the clinical fellowship licensee or doctoral externship licensee is a speech-language
pathologist, is a licensed speech-language pathologist, or holds a current certificate of clinical
competence in speech-language pathology from the American Speech-Language-Hearing
Association; or
(2) when the clinical fellowship licensee or doctoral externship licensee is an audiologist,
is a licensed audiologist, or holds a current certificate of clinical competence in audiology from
the American Speech-Language-Hearing Association or board certification in audiology by
the American Board of Audiology.
(d) Clinical fellowship licensure or doctoral externship licensure shall not be granted until
the applicant has completed the academic coursework and clinical training in section
148.515,
subdivision 2
.
(e) The clinical fellowship licensee or doctoral externship licensee must provide verification
of supervision on the application form provided by the commissioner.
Subd. 4.
Doctoral externship licensure. Doctoral candidates in audiology completing their
final externship as part of their training program are eligible to receive a doctoral externship
license in audiology and are not required to complete the postgraduate clinical fellowship year.
Subd. 5.
Expiration of clinical fellowship or doctoral externship licensure. A clinical
fellowship license or doctoral externship license issued to a person pursuant to subdivision 2
expires 18 months after issuance or on the date the commissioner grants or denies licensure,
whichever occurs first. Upon application, a clinical fellowship license or doctoral externship
license shall be renewed once to persons who have not met the supervised postgraduate clinical
experience requirement under section
148.515, subdivision 4, within the initial clinical fellowship
license or doctoral externship license period and meet the requirements of subdivision 1.
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.
History: 1998 c 317 s 3; 2003 c 87 s 26; 2004 c 279 art 1 s 9-11
148.517 LICENSURE BY RECIPROCITY.
Subdivision 1.
Applicability. An applicant who applies for licensure as a speech-language
pathologist or audiologist by reciprocity must meet the requirements of subdivisions 2 and 3.
Subd. 2.
Current credentials required. An applicant applying for licensure by reciprocity
must provide evidence to the commissioner that the applicant holds a current and unrestricted
credential for the practice of speech-language pathology or audiology in another jurisdiction
that has requirements equivalent to or higher than those in effect for determining whether an
applicant in this state is qualified to be licensed as a speech-language pathologist or audiologist.
An applicant who provides sufficient evidence need not meet the requirements of section
148.515,
provided that the applicant otherwise meets all other requirements of section
148.514.
Subd. 3.
Verification of credentials required. An applicant for licensure by reciprocity
under subdivision 2, must have maintained the appropriate and unrestricted credentials in each
jurisdiction during the last five years as demonstrated by submitting letters of verification to the
commissioner. Each letter must state the applicant's name, date of birth, credential number, date
of issuance, a statement regarding disciplinary actions, if any, taken against the applicant, and the
terms under which the credential was issued.
Subd. 4.[Renumbered
148.5175]
History: 1996 c 363 s 7; 2000 c 460 s 24; 2003 c 87 s 27,52
148.5175 TEMPORARY LICENSURE.
(a) The commissioner shall issue temporary licensure as a speech-language pathologist,
an audiologist, or both, to an applicant 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.
History: 1996 c 363 s 7; 2000 c 460 s 24; 2003 c 87 s 27,52; 2004 c 279 art 1 s 12; 2006
c 267 art 2 s 6
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;
(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;
(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; or
(5) apply for renewal according to section
148.5191 and provide documentation of obtaining
a qualifying score on the examination described in section
148.515, subdivision 4, within one
year of the application date for license renewal.
History: 1996 c 363 s 8; 1998 c 317 s 4; 2000 c 460 s 25; 2002 c 227 s 1; 2003 c 87 s 28;
2004 c 279 art 1 s 13; 2006 c 267 art 2 s 7
148.519 LICENSURE PROCEDURES.
Subdivision 1.
Applications for licensure. (a) An applicant for licensure must:
(1) submit a completed application for licensure on forms provided by the commissioner.
The application must include the applicant's name, certification number under chapter 153A, if
applicable, business address and telephone number, or home address and telephone number if the
applicant practices speech-language pathology or audiology out of the home, and a description of
the applicant's education, training, and experience, including previous work history for the five
years immediately preceding the date of application. The commissioner may ask the applicant to
provide additional information necessary to clarify information submitted in the application; and
(2) submit documentation of the certificate of clinical competence issued by the American
Speech-Language-Hearing Association, board certification by the American Board of Audiology,
or satisfy the following requirements:
(i) submit a transcript showing the completion of a master's or doctoral degree or its
equivalent meeting the requirements of section
148.515, subdivision 2;
(ii) submit documentation of the required hours of supervised clinical training;
(iii) submit documentation of the postgraduate clinical or doctoral clinical experience
meeting the requirements of section
148.515, subdivision 4; and
(iv) submit documentation of receiving a qualifying score on an examination meeting the
requirements of section
148.515, subdivision 5.
(b) In addition, an applicant must:
(1) sign a statement that the information in the application is true and correct to the best of
the applicant's knowledge and belief;
(2) submit with the application all fees required by section
148.5194; and
(3) sign a waiver authorizing the commissioner to obtain access to the applicant's records
in this or any other state in which the applicant has engaged in the practice of speech-language
pathology or audiology.
Subd. 2.
Action on applications for licensure. (a) The commissioner shall act on an
application for licensure according to paragraphs (b) to (d).
(b) The commissioner shall determine if the applicant meets the requirements for licensure.
The commissioner or advisory council may investigate information provided by an applicant to
determine whether the information is accurate and complete.
(c) The commissioner shall notify an applicant, via certified mail, of action taken on the
application and of the grounds for denying licensure if licensure is denied.
(d) An applicant denied licensure may make a written request to the commissioner, within
30 days of the date of notification to the applicant, for reconsideration of the denial. Individuals
requesting reconsideration may submit information that the applicant wants considered in the
reconsideration. After reconsideration of the commissioner's determination to deny licensure, the
commissioner shall determine whether the original determination should be affirmed or modified.
An applicant may make only one request in any one biennial license period for reconsideration of
the commissioner's determination to deny licensure.
Subd. 3.
Change of address. A licensee who changes addresses must inform the
commissioner, in writing, of the change of address 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.
History: 1996 c 363 s 9; 2003 c 87 s 29
148.5191 LICENSURE RENEWAL.
Subdivision 1.
Renewal requirements. To renew licensure, an applicant must:
(1) biennially complete a renewal application on a form provided by the commissioner
and submit the biennial renewal fee;
(2) meet the continuing education requirements of section
148.5193 and submit evidence of
attending continuing education courses, as required in section
148.5193, subdivision 6; and
(3) submit additional information if requested by the commissioner to clarify information
presented in the renewal application. The information must be submitted within 30 days after
the commissioner's request.
Subd. 2.
Late fee. An application submitted after the renewal deadline date must be
accompanied by a late fee as provided in section
148.5194, subdivision 4.
Subd. 3.
Licensure renewal notice. Licensure renewal is on a biennial basis. At least 60
days before the licensure expiration date, the commissioner shall send out a renewal notice to
the licensee's last known address. The notice shall include a renewal application and notice of
fees required for renewal. If the licensee does not receive the renewal notice, the licensee is still
required to meet the deadline for renewal to qualify for continuous licensure status.
Subd. 4.
Renewal deadline. Each license, including a temporary license provided under
section
148.5161, must state an expiration date. An application for licensure renewal must be
received by the Department of Health or postmarked at least 30 days before the expiration date. If
the postmark is illegible, the application shall be considered timely if received at least 21 days
before the expiration date.
When the commissioner establishes the renewal schedule for an applicant, licensee, or
temporary licensee, if the period before the expiration date is less than two years, the fee shall be
prorated.
History: 1996 c 363 s 10; 1998 c 317 s 5-7; 2003 c 87 s 30
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
148.5198;
(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.
History: 2004 c 279 art 1 s 14; 2005 c 147 art 7 s 19
148.5193 CONTINUING EDUCATION REQUIREMENTS.
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 obtained within
the two years immediately preceding licensure 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
8710.7200, 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
8710.7200, 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
8710.7200, subpart 1, is equivalent
to
1.0 contact hours of continuing education.
(e) Contact hours may not be accumulated in advance and transferred to a future continuing
education period.
Subd. 2.
Continuing education provided by sponsors. The commissioner will accept
continuing education provided by sponsors if the continuing education activity meets the
following standards:
(1) constitutes an organized program of learning;
(2) reasonably expects to advance the knowledge and skills of the speech-language
pathologist or audiologist;
(3) pertains to subjects that relate to the practice of speech-language pathology or audiology;
(4) is conducted by individuals who have education, training, and experience by reason
of which said individuals should be considered experts concerning the subject matter of the
activity; and
(5) is presented by a sponsor who has a mechanism to verify participation and maintains
attendance records for four years.
Subd. 3.[Repealed,
2000 c 460 s 66]
Subd. 4.
Earning continuing education contact hours through contact hour equivalents.
(a) A licensee who teaches continuing education courses or presents or publishes for educational
purposes may obtain contact hour equivalents according to paragraphs (b) to (d).
(b) The sponsor of the course must meet the requirements of subdivision 2.
(c) A licensee may not obtain more than six contact hours in any two-year continuing
education period by teaching continuing education courses.
(d) A licensee may obtain two contact hours for each hour spent teaching a course. Contact
hours may be claimed only once for teaching the same course in any two-year continuing
education period.
Subd. 5.[Repealed,
2000 c 460 s 66]
Subd. 6.
Records of attendance. (a) A licensee must maintain for four years records of
attending the continuing education contact hours required for licensure renewal.
(b) An applicant for licensure renewal must submit documentation demonstrating compliance
with continuing education requirements of the American Speech-Language-Hearing Association
or the American Board of Audiology or an equivalent, or the following information on a form
provided by the commissioner: the sponsoring organization, the dates of the course, the course
name, the number of contact hours completed, and the name and signature of the licensee. The
form must be submitted with the renewal application under section
148.5191, subdivision 1.
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.
Subd. 7.
Verification of continuing education reports. The commissioner may request a
licensee or continuing education sponsor to verify the continuing education to which the licensee
attested. Documentation may come directly from the licensee, the continuing education sponsor,
or from a national accrediting or certifying organization which maintains the records.
Subd. 8.
Waiver of continuing education requirements. The commissioner may grant a
waiver of the requirements of this section in cases where the requirements would impose an undue
burden on the licensee. A licensee must request in writing a waiver of the requirements of this
section. The request for a waiver must cite this section, the reasons for requesting the waiver, the
period of time the licensee wishes to have the continuing education requirement waived, and the
alternative measures that will be taken if a waiver is granted. The commissioner shall set forth, in
writing, the reasons for granting or denying the waiver. Waivers granted by the commissioner shall
specify in writing the time limitation and required alternative measures to be taken by the licensee.
History: 1996 c 363 s 11; 2000 c 460 s 26-30; 2003 c 87 s 31-36; 2004 c 279 art 1 s 15,16;
2006 c 267 art 2 s 8
148.5194 FEES.
Subdivision 1.
Fee proration. The commissioner shall prorate the licensure fee for clinical
fellowship, doctoral externship, temporary, and first time licensees according to the number of
months that have elapsed between the date the license is issued and the date the license expires or
must be renewed under section
148.5191, subdivision 4.
Subd. 2.
Biennial licensure fee. The fee for initial licensure and biennial licensure, clinical
fellowship licensure, temporary licensure, or renewal is $200.
Subd. 3.
Biennial licensure fee for dual licensure as a speech-language pathologist and
audiologist. The fee for initial licensure and biennial licensure, clinical fellowship licensure,
doctoral externship, temporary license, or renewal is $200.
Subd. 3a.[Repealed,
1Sp2003 c 14 art 7 s 89]
Subd. 4.
Penalty fee for late renewals. The penalty fee for late submission of a renewal
application is $45.
Subd. 5.
Nonrefundable fees. All fees are nonrefundable.
Subd. 6.
Verification of credential. The fee for written verification of credentialed status
is $25.
Subd. 7.
Audiologist surcharge fee. (a) The biennial surcharge fee for audiologists is $235.
The commissioner shall prorate the fee for clinical fellowship, doctoral externship, temporary,
and first time licensees according to the number of months that have elapsed between the date
the license is issued and the date the license expires or must be renewed under section
148.5191,
subdivision 4
.
(b) Effective November 1, 2005, the commissioner shall collect the $235 audiologist
surcharge fee prorated according to the number of months remaining until the next scheduled
license renewal.
Subd. 8.
Penalty fees. (a) The penalty fee for practicing speech language pathology or
audiology without a current license after the credential has expired and before it is renewed is the
amount of the license renewal fee for any part of the first month, plus the license renewal fee for
any part of any subsequent month up to 36 months.
(b) The penalty fee for applicants who engage in the unauthorized practice of speech
language pathology or audiology before being issued a license is the amount of the license
application fee for any part of the first month, plus the license application fee for any part of any
subsequent month up to 36 months. This paragraph does not apply to applicants not qualifying for
a license who engage in the unauthorized practice of speech language pathology or audiology.
(c) The penalty fee for failing to submit a continuing education report by the due date with
the correct number or type of hours in the correct time period is $100 plus $20 for each missing
clock hour. The licensee must obtain the missing number of continuing education hours by the
next reporting due date.
(d) Civil penalties and discipline incurred by licensees prior to August 1, 2005, for conduct
described in paragraph (a), (b), or (c) shall be recorded as nondisciplinary penalty fees. For
conduct described in paragraph (a) or (b) occurring after August 1, 2005, and exceeding six
months, payment of a penalty fee does not preclude any disciplinary action reasonably justified by
the individual case.
History: 1996 c 363 s 12; 1998 c 317 s 8; 1999 c 245 art 2 s 34-37; 2003 c 87 s 37-39;
1Sp2003 c 14 art 7 s 48-51; 2005 c 147 art 7 s 6; art 9 s 1
148.5195 INVESTIGATION PROCESS AND GROUNDS FOR DISCIPLINARY ACTION.
Subdivision 1.
Investigations of complaints. The commissioner or advisory council may
initiate an investigation upon receiving a signed complaint or other signed written communication
that alleges or implies that an individual has violated sections
148.511 to
148.5198. According to
section
214.13, subdivision 6, in the receipt, investigation, and hearing of a complaint that alleges
or implies an individual has violated sections
148.511 to
148.5198, the commissioner shall follow
the procedures in section
214.10.
Subd. 2.
Rights of applicants and licensees. The rights of an applicant denied licensure
are stated in section
148.519, subdivision 2, paragraph (d). A licensee shall not be subjected to
disciplinary action under this section without first having an opportunity for a contested case
hearing under chapter 14.
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
148.5198;
(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
148.5198;
(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
148.5198;
(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) had the certification required by chapter 153A denied, suspended, or revoked according
to chapter 153A;
(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;
(19) failed to comply with the requirements of section
148.5192 regarding supervision
of speech-language pathology assistants; or
(20) if the individual is an audiologist or certified hearing aid dispenser:
(i) prescribed or otherwise recommended to a consumer or potential consumer the use of a
hearing aid, unless the prescription from a physician or recommendation from an audiologist or
certified dispenser is in writing, is based on an audiogram that is delivered to the consumer or
potential consumer when the prescription or recommendation is made, and bears the following
information in all capital letters of 12-point or larger boldface type: "THIS PRESCRIPTION OR
RECOMMENDATION MAY BE FILLED BY, AND HEARING AIDS MAY BE PURCHASED
FROM, THE LICENSED AUDIOLOGIST OR CERTIFIED DISPENSER OF YOUR CHOICE";
(ii) failed to give a copy of the audiogram, upon which the prescription or recommendation
is based, to the consumer when the consumer requests a copy;
(iii) failed to provide the consumer rights brochure required by section
148.5197, subdivision
3
;
(iv) failed to comply with restrictions on sales of hearing aids in sections
148.5197,
subdivision 3
, and
148.5198;
(v) failed to return a consumer's hearing aid used as a trade-in or for a discount in the price of
a new hearing aid when requested by the consumer upon cancellation of the purchase agreement;
(vi) failed to follow Food and Drug Administration or Federal Trade Commission regulations
relating to dispensing hearing aids;
(vii) failed to dispense a hearing aid in a competent manner or without appropriate training;
(viii) delegated hearing instrument dispensing authority to a person not authorized to
dispense a hearing instrument under this chapter or chapter 153A;
(ix) failed to comply with the requirements of an employer or supervisor of a hearing aid
dispenser trainee; or
(x) violated a state or federal court order or judgment, including a conciliation court
judgment, relating to the activities of the individual's hearing aid dispensing.
Subd. 4.
Disciplinary actions. If the commissioner finds that an individual should be
disciplined according to subdivision 3, the commissioner may take any one or more of the
following actions:
(1) refuse to grant or renew licensure;
(2) suspend licensure for a period not exceeding one year;
(3) revoke licensure;
(4) take any reasonable lesser action against an individual upon proof that the individual
has violated sections
148.511 to
148.5198; or
(5) impose, for each violation, a civil penalty not exceeding $10,000 that deprives the
licensee of any economic advantage gained by the violation and that reimburses the Department
of Health for costs of the investigation and proceedings resulting in disciplinary action, including
the amount paid for services of the administrative hearings, the amount paid for services of the
Office of the Attorney General, attorney fees, court reporters, witnesses, reproduction of records,
advisory council members' per diem compensation, department staff time, and expenses incurred
by advisory council members and department staff.
Subd. 5.
Consequences of disciplinary actions. Upon the suspension or revocation of
licensure, the speech-language pathologist or audiologist shall cease to practice speech-language
pathology or audiology, to use titles protected under sections
148.511 to
148.5198, and to represent
to the public that the speech-language pathologist or audiologist is licensed by the commissioner.
Subd. 6.
Reinstatement requirements after disciplinary action. A speech-language
pathologist or audiologist who has had licensure suspended may petition on forms provided
by the commissioner for reinstatement following the period of suspension specified by the
commissioner. The requirements of section
148.5191 for renewing licensure must be met before
licensure may be reinstated.
Subd. 7.
Authority to contract. The commissioner shall contract with the health
professionals services program as authorized by sections
214.31 to
214.37 to provide these
services to practitioners under this chapter. The health professionals services program does not
affect the commissioner's authority to discipline violations of sections
148.511 to
148.5198.
History: 1996 c 363 s 13; 1998 c 317 s 9; 2003 c 87 s 41-45; 2004 c 279 art 1 s 17; 2005 c
147 art 7 s 7,19; 2006 c 267 art 2 s 9
148.5196 SPEECH-LANGUAGE PATHOLOGIST AND AUDIOLOGIST ADVISORY
COUNCIL.
Subdivision 1.
Membership. The commissioner shall appoint 12 persons to a
Speech-Language Pathologist and Audiologist Advisory Council. The 12 persons must include:
(1) three public members, as defined in section
214.02. Two of the public members shall
be either persons receiving services of a speech-language pathologist or audiologist, or family
members of or caregivers to such persons, and at least one of the public members shall be either a
hearing instrument user or an advocate of one;
(2) three speech-language pathologists licensed under sections
148.511 to
148.5198, one
of whom is currently and has been, for the five years immediately preceding the appointment,
engaged in the practice of speech-language pathology in Minnesota and each of whom is
employed in a different employment setting including, but not limited to, private practice,
hospitals, rehabilitation settings, educational settings, and government agencies;
(3) one speech-language pathologist licensed under sections
148.511 to
148.5198, who is
currently and has been, for the five years immediately preceding the appointment, employed
by a Minnesota public school district or a Minnesota public school district consortium that is
authorized by Minnesota Statutes and who is licensed in speech-language pathology by the
Minnesota Board of Teaching;
(4) three audiologists licensed under sections
148.511 to
148.5198, two of whom are
currently and have been, for the five years immediately preceding the appointment, engaged in the
practice of audiology and the dispensing of hearing instruments in Minnesota and each of whom
is employed in a different employment setting including, but not limited to, private practice,
hospitals, rehabilitation settings, educational settings, industry, and government agencies;
(5) one nonaudiologist hearing instrument dispenser recommended by a professional
association representing hearing instrument dispensers; and
(6) one physician licensed under chapter 147 and certified by the American Board of
Otolaryngology, Head and Neck Surgery.
Subd. 2.
Organization. The advisory council shall be organized and administered under
section
15.059.
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
148.5198;
(4) provide for distribution of information regarding speech-language pathologist and
audiologist licensure standards;
(5) review applications and make recommendations to the commissioner on granting or
denying licensure or licensure renewal;
(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;
(7) advise the commissioner regarding approval of continuing education activities provided
by sponsors using the criteria in section
148.5193, subdivision 2; and
(8) perform other duties authorized for advisory councils under chapter 214, or as directed
by the commissioner.
History: 1996 c 363 s 14; 2000 c 460 s 31; 2003 c 87 s 46; 2004 c 279 art 1 s 18; 2005 c
147 art 7 s 8,19
148.5197 HEARING AID DISPENSING.
Subdivision 1.
Content of contracts. Oral statements made by an audiologist or certified
dispenser regarding the provision of warranties, refunds, and service on the hearing aid or aids
dispensed must be written on, and become part of, the contract of sale, specify the item or items
covered, and indicate the person or business entity obligated to provide the warranty, refund,
or service.
Subd. 2.
Required use of license number. The audiologist's license number or certified
dispenser's certificate number must appear on all contracts, bills of sale, and receipts used in the
sale of hearing aids.
Subd. 3.
Consumer rights information. An audiologist or certified dispenser shall, at the
time of the recommendation or prescription, give a consumer rights brochure, prepared by the
commissioner and containing information about legal requirements pertaining to dispensing of
hearing aids, to each potential consumer of a hearing aid. The brochure must contain information
about the consumer information center described in section
153A.18. A contract for a hearing
aid must note the receipt of the brochure by the consumer, along with the consumer's signature
or initials.
Subd. 4.
Liability for contracts. Owners of entities in the business of dispensing hearing
aids, employers of audiologists or persons who dispense hearing aids, supervisors of trainees or
audiology students, and hearing aid dispensers conducting the transaction at issue are liable for
satisfying all terms of contracts, written or oral, made by their agents, employees, assignees,
affiliates, or trainees, including terms relating to products, repairs, warranties, service, and
refunds. The commissioner may enforce the terms of hearing aid contracts against the principal,
employer, supervisor, or dispenser who conducted the transaction and may impose any remedy
provided for in this chapter.
History: 2005 c 147 art 7 s 9
148.5198 RESTRICTION ON SALE OF HEARING AIDS.
Subdivision 1.
45-calendar-day guarantee and buyer right to cancel. (a) An audiologist or
certified dispenser dispensing a hearing aid in this state must comply with paragraphs (b) and (c).
(b) The audiologist or certified dispenser must provide the buyer with a 45-calendar-day
written money-back guarantee. The guarantee must permit the buyer to cancel the purchase for
any reason within 45 calendar days after receiving the hearing aid by giving or mailing written
notice of cancellation to the audiologist or certified dispenser. If the buyer mails the notice of
cancellation, the 45-calendar-day period is counted using the postmark date, to the date of receipt
by the audiologist or certified dispenser. If the hearing aid must be repaired, remade, or adjusted
during the 45-calendar-day money-back guarantee period, the running of the 45-calendar-day
period is suspended one day for each 24-hour period that the hearing aid is not in the buyer's
possession. A repaired, remade, or adjusted hearing aid must be claimed by the buyer within three
business days after notification of availability, after which time the running of the 45-calendar-day
period resumes. The guarantee must entitle the buyer, upon cancellation, to receive a refund of
payment within 30 days of return of the hearing aid to the audiologist or certified dispenser. The
audiologist or certified dispenser may retain as a cancellation fee no more than $250 of the
buyer's total purchase price of the hearing aid.
(c) The audiologist or certified dispenser shall provide the buyer with a contract written in
plain English, that contains uniform language and provisions that meet the requirements under
the Plain Language Contract Act, sections
325G.29 to
325G.36. The contract must include, but
is not limited to, the following: in immediate proximity to the space reserved for the signature
of the buyer, or on the first page if there is no space reserved for the signature of the buyer,
a clear and conspicuous disclosure of the following specific statement in all capital letters of
no less than 12-point boldface type: "MINNESOTA STATE LAW GIVES THE BUYER THE
RIGHT TO CANCEL THIS PURCHASE FOR ANY REASON AT ANY TIME PRIOR TO
MIDNIGHT OF THE 45TH CALENDAR DAY AFTER RECEIPT OF THE HEARING AID(S).
THIS CANCELLATION MUST BE IN WRITING AND MUST BE GIVEN OR MAILED TO
THE AUDIOLOGIST OR CERTIFIED DISPENSER. IF THE BUYER DECIDES TO RETURN
THE HEARING AID(S) WITHIN THIS 45-CALENDAR-DAY PERIOD, THE BUYER WILL
RECEIVE A REFUND OF THE TOTAL PURCHASE PRICE OF THE AID(S) FROM WHICH
THE AUDIOLOGIST OR CERTIFIED DISPENSER MAY RETAIN AS A CANCELLATION
FEE NO MORE THAN $250."
Subd. 2.
Itemized repair bill. Any audiologist, certified dispenser, or company who agrees
to repair a hearing aid must provide the owner of the hearing aid, or the owner's representative,
with a bill that describes the repair and services rendered. The bill must also include the repairing
audiologist's, certified dispenser's, or company's name, address, and telephone number.
This subdivision does not apply to an audiologist, certified dispenser, or company that repairs
a hearing aid pursuant to an express warranty covering the entire hearing aid and the warranty
covers the entire cost, both parts and labor, of the repair.
Subd. 3.
Repair warranty. Any guarantee of hearing aid repairs must be in writing and
delivered to the owner of the hearing aid, or the owner's representative, stating the repairing
audiologist's, certified dispenser's, or company's name, address, telephone number, length of
guarantee, model, and serial number of the hearing aid and all other terms and conditions of
the guarantee.
Subd. 4.
Misdemeanor. A person found to have violated this section is guilty of a
misdemeanor.
Subd. 5.
Additional. In addition to the penalty provided in subdivision 4, a person found to
have violated this section is subject to the penalties and remedies provided in section
325F.69,
subdivision 1
.
Subd. 6.
Estimates. Upon the request of the owner of a hearing aid or the owner's
representative for a written estimate and prior to the commencement of repairs, a repairing
audiologist, certified dispenser, or company shall provide the customer with a written estimate
of the price of repairs. If a repairing audiologist, certified dispenser, or company provides a
written estimate of the price of repairs, it must not charge more than the total price stated in
the estimate for the repairs. If the repairing audiologist, certified dispenser, or company after
commencing repairs determines that additional work is necessary to accomplish repairs that
are the subject of a written estimate and if the repairing audiologist, certified dispenser, or
company did not unreasonably fail to disclose the possible need for the additional work when the
estimate was made, the repairing audiologist, certified dispenser, or company may charge more
than the estimate for the repairs if the repairing audiologist, certified dispenser, or company
immediately provides the owner or owner's representative a revised written estimate pursuant
to this section and receives authorization to continue with the repairs. If continuation of the
repairs is not authorized, the repairing audiologist, certified dispenser, or company shall return the
hearing aid as close as possible to its former condition and shall release the hearing aid to the
owner or owner's representative upon payment of charges for repairs actually performed and not
in excess of the original estimate.
History: 2005 c 147 art 7 s 10
OPTOMETRISTS
148.52 BOARD OF OPTOMETRY.
The Board of Optometry shall consist of two public members as defined by section
214.02
and five qualified optometrists appointed by the governor. Membership terms, compensation of
members, removal of members, the filling of membership vacancies, and fiscal year and reporting
requirements shall be as provided in sections
214.07 to
214.09.
The provision of staff, administrative services and office space; the review and processing of
complaints; the setting of board fees; and other provisions relating to board operations shall be
as provided in chapter 214.
History: (5785) 1915 c 127 s 1; 1925 c 239 s 1; 1929 c 420 s 1; 1973 c 62 s 1; 1973 c 638 s
20; 1975 c 136 s 16; 1976 c 222 s 61; 1976 c 239 s 56; 1991 c 199 art 1 s 42
148.53 POWERS OF BOARD.
The state Board of Optometry shall have the power to make any rules and to do any and
all things not inconsistent with law which it may deem necessary or expedient for the effective
enforcement of sections
148.52 to
148.62 or for the full and efficient performance of its duties
thereunder.
History: (5786) 1915 c 127 s 2; 1925 c 239 s 2; 1929 c 420 s 2; 1985 c 248 s 70
148.56 OPTOMETRISTS.
Subdivision 1.
Optometry defined. Any person shall be deemed to be practicing optometry
within the meaning of sections
148.52 to
148.62 who shall display a sign, such as an eye, a pair of
eyes, a pair of glasses or spectacles, or who shall in any way advertise as an optometrist, or who
shall employ any means for the measurement of the powers of vision or the adaptation of lenses
or prisms for the aid thereof, or possess testing appliances for the purpose of the measurement of
the powers of vision, or diagnose any optical deficiency or deformity, visual or muscular anomaly
of the human eye, or prescribe lenses, prisms, or ocular exercises for the correction or the relief of
same, or who holds oneself out as being able to do so.
Subd. 2.
Unlawful practices. It shall be unlawful for any person who is not licensed as an
optometrist in this state to fit, sell, or dispose of, or to take, receive, or solicit any order for the
fitting, sale, or disposition of, any spectacles, eye glasses, or lenses for the correction of vision in
any place within the state other than an established place of business wherein such spectacles, eye
glasses, or lenses are commonly sold and dealt in; and it shall be unlawful for any person, not
licensed as an optometrist thereunder, to sell or dispose of, at retail, any spectacles, eye glasses, or
lenses for the correction of vision in any established place of business or elsewhere in this state
except under the supervision, direction, and authority of a duly licensed optometrist holding a
certificate under sections
148.52 to
148.62, who shall be in charge of and in personal attendance
at the booth, counter, or place where such articles are sold or disposed of.
Subd. 3.
Unregulated sales. Nothing in sections
148.52 to
148.62 shall be construed to
apply to the sale of toy glasses, goggles consisting of plano-white or plano-colored lenses or
ordinary colored glasses or to the replacement of duplications of broken lenses, nor to sales
upon prescription from persons legally authorized by the laws of this state to examine eyes
and prescribe glasses therefor, nor shall it apply to regularly licensed physicians and surgeons.
Sections
148.52 to
148.62 also do not apply to the sale of spectacles, used for reading and
containing only simple lenses having a plus power of up to and including
3.25, if no attempt
is made to test the eyes. The term "simple lenses" does not include bifocals. The seller shall
prominently display a sign on the counter or rack or other display device where the spectacles are
offered for sale that reads as follows: "If you have experienced a vision loss, the selection of these
glasses should not take the place of an eye exam."
Subd. 4.
License required. It shall be unlawful for any person to engage in the practice of
optometry without first procuring and filing for record a certificate of registration as a licensed
optometrist pursuant to this section.
History: (5789) 1915 c 127 s 5; 1925 c 239 s 5; 1929 c 420 s 3; 1983 c 301 s 146; 1986 c
444; 1987 c 125 s 1
148.57 LICENSE.
Subdivision 1.
Examination. (a) A person not authorized to practice optometry in the
state and desiring to do so shall apply to the director of the state Board of Optometry and pay
to the board a fee in an amount set by the board. The candidate desiring to apply to the board
shall complete a form furnished by the board. With the submission of the application form,
the candidate shall prove that the candidate:
(1) is of good moral character;
(2) has obtained a clinical doctorate from an optometry school requiring at least two
academic years of preprofessional training for admittance to the school and which has been
approved by the board, or is currently enrolled in the final year of study at such a school; and
(3) passed all parts of an examination.
(b) The examination shall include both a written portion and a clinical practical portion and
shall thoroughly test the fitness of the candidate to practice in this state. In regard to the written
and clinical practical examinations, the board may:
(1) prepare, administer, and grade the examination itself;
(2) recognize and approve in whole or in part an examination prepared, administered and
graded by a national board of examiners in optometry; or
(3) administer a recognized and approved examination prepared and graded by or under the
direction of a national board of examiners in optometry.
(c) The board shall issue a license to each applicant who satisfactorily passes the
examinations and fulfills the other requirements stated in this section. The applicant shall pay to
the board a fee as set by the board upon issuance of the license. In the event the candidate fails
to pass a part of the examination, upon the payment of an additional fee as set by the board, the
candidate may reapply to the Board of Optometry. The fees mentioned in this section are for the
use of the board and in no case shall be refunded.
Subd. 2.
Reciprocity. A person who holds a certificate of registration, or license, from
another state, and who has practiced not less than three years in that state, may apply for licensure
in Minnesota by filling out and swearing to an application for license by reciprocity form
furnished by the board and by filing that form with the board secretary along with a fee as set by
the board at least two weeks prior to the regular meeting at which the board is considering such
applications. The application fee as set by the board shall be for the use of the board and in no
case shall be refunded. To verify that the applicant possesses the knowledge and ability essential
to the practice of optometry in this state, the board may for good cause request the applicant to
perform a practical demonstration to its satisfaction. The applicant may then be issued a license
if the requirements for registration or licensure in the other state are deemed by the board to
be equivalent to those of sections
148.52 to
148.62; provided, that the other state accords like
privileges to holders of certificates from the Minnesota board.
Subd. 3.
Revocation, suspension. The board may revoke the license or suspend or restrict
the right to practice of any person who has been convicted of any violation of sections
148.52
to
148.62 or of any other criminal offense, or who violates any provision of sections
148.571
to
148.576 or who is found by the board to be incompetent or guilty of unprofessional conduct.
"Unprofessional conduct" means any conduct of a character likely to deceive or defraud the
public, including, among other things, free examination advertising, the loaning of a license by
any licensed optometrist to any person; the employment of "cappers" or "steerers" to obtain
business; splitting or dividing a fee with any person; the obtaining of any fee or compensation
by fraud or misrepresentation; employing directly or indirectly any suspended or unlicensed
optometrist to perform any work covered by sections
148.52 to
148.62; the advertising by
any means of optometric practice or treatment or advice in which untruthful, improbable,
misleading, or impossible statements are made. After one year, upon application and proof that
the disqualification has ceased, the board may reinstate such person.
Subd. 4.
Peddling or canvassing forbidden. Every licensed optometrist who shall
temporarily practice optometry outside or away from the regular registered place of business shall
display the license and deliver to each customer or person there fitted or supplied with glasses
a receipt or record which shall contain the signature, permanent registered place of business or
post office address, and number of license of the optometrist, together with the amount charged
therefor, but nothing contained in this section shall be construed as to permit peddling or
canvassing by licensed optometrists.
History: (5790) 1915 c 127 s 6; 1925 c 239 s 6; 1929 c 420 s 4; 1949 c 267 s 3; 1967 c 381 s
2; 1973 c 62 s 2-4; 1976 c 222 s 63; 1978 c 516 s 1; 1982 c 388 s 5; 1985 c 247 s 25; 1986 c 444;
1992 c 419 s 1; 1993 c 121 s 3; 2000 c 413 s 1
148.571 USE OF TOPICAL OCULAR DRUGS.
Subdivision 1.
Authority. Subject to the provisions of sections
148.57, subdivision 3, and
148.571 to
148.574, licensed optometrists may administer topical ocular drugs to the anterior
segment of the human eye during an eye examination in the course of practice in their normal
practice setting, solely for the purposes of determining the refractive, muscular, or functional
origin of sources of visual discomfort or difficulty, and detecting abnormalities which may be
evidence of disease.
Subd. 2.
Drugs specified. For purposes of sections
148.57, subdivision 3, and
148.571 to
148.574, "topical ocular drugs" means:
(1) commercially prepared topical anesthetics as follows: proparacaine HC1 0.5 percent,
tetracaine HC1 0.5 percent, and benoxinate HC1 0.4 percent;
(2) commercially prepared mydriatics as follows: phenylephrine HC1 in strength not greater
than 2.5 percent and hydroxyamphetamine HBr in strength not greater than 1 percent; and
(3) commercially prepared cycloplegics/mydriatics as follows: tropicamide in strength not
greater than 1 percent and cyclopentolate in strength not greater than 1 percent.
History: 1982 c 388 s 1; 1986 c 444
148.572 ADVICE TO SEEK DIAGNOSIS AND TREATMENT.
Whether or not topical ocular drugs have been used, if any licensed optometrist is informed
by a patient or determines from examining a patient, using judgment and that degree of skill, care,
knowledge and attention ordinarily possessed and exercised by optometrists in good standing
under like circumstances, that there are present in that patient signs or symptoms which may be
evidence of disease that requires treatment that is beyond the practice of optometry permitted by
law, then the licensed optometrist shall (1) promptly advise that patient to seek evaluation by an
appropriate licensed physician for diagnosis and possible treatment and (2) not attempt to treat
such condition by the use of drugs or any other means.
History: 1982 c 388 s 2; 1993 c 121 s 4
148.573 PREREQUISITES TO DRUG USE.
Subdivision 1.
Certificate required. A licensed optometrist shall not purchase, possess or
administer any topical ocular drugs unless, after August 1, 1982, the optometrist has obtained
a certificate from the Board of Optometry certifying that the optometrist has complied with
the following requirements:
(a) Successful completion of 60 classroom hours of study in general and clinical
pharmacology as it relates to the practice of optometry, with particular emphasis on the use of
topical ocular drugs for examination purposes. At least 30 of the 60 classroom hours shall be in
ocular pharmacology and shall emphasize the systemic effects of and reactions to topical ocular
drugs, including the emergency management and referral of any adverse reactions that may occur.
The course of study shall be approved by the Board of Optometry, and shall be offered by an
institution which is accredited by a regional or professional accreditation organization recognized
or approved by the Council on Postsecondary Education or the United States Department of
Education or their successors. The course shall be completed prior to entering the examination
required by this section;
(b) Successful completion of an examination approved by the Board of Optometry on the
subject of general and ocular pharmacology as it relates to optometry with particular emphasis on
the use of topical ocular drugs, including emergency management and referral of any adverse
reactions that may occur;
(c) Successful completion, after August 1, 1982, of a course in cardiopulmonary resuscitation
offered or approved by the Red Cross, American Heart Association, an accredited hospital, or a
comparable organization or institution; and
(d) Establishment, after August 1, 1982, of an emergency plan for the management and
referral to appropriate medical services of patients who may experience adverse drug reactions
resulting from the application of topical ocular drugs. The plan must be approved by the Board of
Optometry and shall, at least, require the optometrist to:
(1) Refer patients who notify the optometrist of an adverse drug reaction to appropriate
medical specialists or facilities;
(2) Routinely advise the patient to immediately contact the optometrist if the patient
experiences an adverse reaction;
(3) Place in the patient's permanent record information describing any adverse drug reaction
experienced by the patient, and the date and time that any referral was made; and
(4) Include in the plan the names of at least three physicians, physician clinics, or hospitals
to whom the optometrist will refer patients who experience an adverse drug reaction. At least one
of these physicians shall be skilled in the diagnosis and treatment of diseases of the eye.
Subd. 2.
Exception. The course and examination required by clauses (a) and (b) of
subdivision 1 shall be completed after August 1, 1982 except that the Board of Optometry may
certify applicants who have graduated from an accredited school of optometry within two years
prior to August 1, 1982 if the school's curriculum includes a course and examination meeting the
requirements of clauses (a) and (b) of subdivision 1.
Subd. 3.
Consultation required. Approvals of the course, examination and emergency plan
required by clauses (a), (b) and (d) of subdivision 1 shall be given by the Board of Optometry
only after consultation with the Board of Medical Practice and Board of Pharmacy, provided that
the recommendations of the Board of Medical Practice and Board of Pharmacy are made within
120 days after they are requested by the Board of Optometry.
History: 1982 c 388 s 3; 1991 c 106 s 6
148.574 PROHIBITIONS RELATING TO LEGEND DRUGS; AUTHORIZING SALES
BY PHARMACISTS UNDER CERTAIN CONDITIONS.
An optometrist shall not purchase, possess, administer, prescribe or give any legend drug as
defined in section
151.01 or
152.02 to any person except as is expressly authorized by sections
148.571 to
148.577. Nothing in chapter 151 shall prevent a pharmacist from selling topical ocular
drugs to an optometrist authorized to use such drugs according to sections
148.571 to
148.577.
Notwithstanding sections
151.37 and
152.12, an optometrist is prohibited from dispensing legend
drugs at retail.
History: 1982 c 388 s 4; 1993 c 121 s 5; 2003 c 62 s 2
148.575 CERTIFICATE REQUIRED FOR USE OF TOPICAL LEGEND DRUGS.
Subdivision 1.
Certificate required for use of legend drugs. A licensed optometrist must
be board certified to use legend drugs for therapy under section
148.576.
Subd. 2.
Board certified defined. "Board certified" means that a licensed optometrist has
been issued a certificate by the Board of Optometry certifying that the optometrist has complied
with the following requirements for the use of legend drugs described in section
148.576:
(1) successful completion of at least 60 hours of study in general and ocular pharmacology
emphasizing drugs used for examination or treatment purposes, their systemic effects and
management or referral of adverse reactions;
(2) successful completion of at least 100 hours of study in the examination, diagnosis, and
treatment of conditions of the human eye with legend drugs;
(3) successful completion of two years of supervised clinical experience in differential
diagnosis of eye disease or disorders as part of optometric training or one year of that experience
and ten years of actual clinical experience as a licensed optometrist; and
(4) successful completion of a nationally standardized examination approved by the board on
the subject of treatment and management of ocular disease prepared, administered, and graded
by the International Association of Boards of Examiners in Optometry or an equivalent national
board examination.
Subd. 3.
Display of certificate required. A certificate issued to a licensed optometrist by the
Board of Optometry must be displayed in a prominent place in the licensed optometrist's office.
Subd. 4.
Accreditation of courses. The Board of Optometry may approve courses of study
in general or ocular pharmacology and examination, diagnosis, and treatment of conditions of the
human eye only if they are taught by an institution that meets the following criteria:
(1) the institution has facilities for both didactic and clinical instruction in pharmacology
and ocular disease treatment;
(2) the institution certifies to the Board of Optometry that the course of instruction is
comparable in content to courses of instruction required by other health-related licensing boards
whose license holders or registrants are permitted to administer pharmaceutical agents in their
professional practice for either diagnostic or therapeutic purposes or both; and
(3) the institution is accredited by a regional or professional accrediting organization
recognized by the Council on Postsecondary Accreditation or the United States Department
of Education, or their successors.
Subd. 5.
Notice to Board of Pharmacy. The Board of Optometry shall notify the Board of
Pharmacy of each licensed optometrist who meets the certification requirements in this section.
History: 1993 c 121 s 6; 2003 c 62 s 3,4
148.576 USE OF LEGEND DRUGS; LIMITATIONS; REPORTS.
Subdivision 1.
Authority to prescribe or administer. A licensed optometrist who is board
certified under section
148.575 may prescribe or administer legend drugs to aid in the diagnosis,
cure, mitigation, prevention, treatment, or management of disease, deficiency, deformity, or
abnormality of the human eye and adnexa included in the curricula of accredited schools or
colleges of optometry. Nothing in this section shall allow (1) legend drugs to be administered
intravenously, intramuscularly, or by injection except for treatment of anaphylaxis, (2) invasive
surgery including, but not limited to, surgery using lasers, (3) schedule II and III oral legend
drugs and oral steroids to be administered or prescribed, (4) oral antivirals to be prescribed or
administered for more than ten days, or (5) oral carbonic anhydrase inhibitors to be prescribed or
administered for more than seven days.
Subd. 2.
Adverse reaction reports. An optometrist certified to prescribe legend drugs
shall file with the Board of Optometry within ten working days of its occurrence a report on
any adverse reaction resulting from the optometrist's administration of a drug. The report must
include the optometrist's name, address, and license number; the patient's name, address, and
age; the patient's presenting problem; the diagnosis; the agent administered and the method of
administration; the reaction; and the subsequent action taken.
History: 1993 c 121 s 7; 2003 c 62 s 5
148.577 STANDARD OF CARE.
A licensed optometrist who is board certified under section
148.575 is held to the same
standard of care in the use of those legend drugs as physicians licensed by the state of Minnesota.
History: 1993 c 121 s 8; 2003 c 62 s 6
148.603 FORMS OF DISCIPLINARY ACTIONS.
When grounds exist under section
148.57, subdivision 3, or other statute or rule which the
board is authorized to enforce, the board may take one or more of the following disciplinary
actions, provided that disciplinary or corrective action may not be imposed by the board on
any regulated person except after a contested case hearing conducted pursuant to chapter 14 or
by consent of the parties:
(1) deny an application for a credential;
(2) revoke the regulated person's credential;
(3) suspend the regulated person's credential;
(4) impose limitations on the regulated person's credential;
(5) impose conditions on the regulated person's credential;
(6) censure or reprimand the regulated person;
(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 person of any economic advantage gained by
reason of the violation or to discourage similar violations or to reimburse the board for the cost
of the investigation and proceeding. For purposes of this section, the cost of the investigation
and proceeding may include, but is 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; or
(8) when grounds exist under section
148.57, subdivision 3, or a board rule, enter into
an agreement with the regulated person for corrective action which may include requiring the
regulated person:
(i) to complete an educational course or activity;
(ii) to submit to the executive director or designated board member a written protocol or
reports designed to prevent future violations of the same kind;
(iii) to meet with a board member or board designee to discuss prevention of future violations
of the same kind; or
(iv) to perform other action justified by the facts.
Listing the measures in clause (8) does not preclude the board from including them in an
order for disciplinary action.
History: 2000 c 413 s 2; 2003 c 66 s 3
148.62 APPLICATION.
Sections
148.52 to
148.62 shall not be construed as forbidding any person licensed to practice
any profession in this state from engaging in such profession as it may now be defined by law.
History: (5796-1) 1925 c 239 s 13
DIETITIANS AND NUTRITIONISTS
148.621 DEFINITIONS.
Subdivision 1.
Applicability. The definitions in this section apply to sections
148.621 to
148.633.
Subd. 2.
Accredited college or university. "Accredited college or university" means a
college or university accredited by the regional accrediting agencies recognized by the Council
on Postsecondary Accreditation, and the United States Department of Education at the time
the degree was conferred.
Subd. 3.
Association. "Association" means the American Dietetic Association.
Subd. 4.
Board. "Board" means the Board of Dietetics and Nutrition Practice.
Subd. 5.
Commission. "Commission" means the Commission on Dietetic Registration
that is a member of the National Commission on Health Certifying Agencies, which national
commission establishes national standards of competence for individuals participating in the
health care delivery system.
Subd. 6.
Commissioner. "Commissioner" means the commissioner of health.
Subd. 7.
Dietitian. "Dietitian" means an individual who engages in dietetics or nutrition
practice and uses the title dietitian.
Subd. 8.
Nutritionist. "Nutritionist" means an individual who engages in dietetics or
nutrition practice and uses the title nutritionist.
Subd. 9.
Dietetics or nutrition practice. "Dietetics or nutrition practice" means the
integration and application of scientific principles of food, nutrition, biochemistry, physiology,
food management, and behavioral and social sciences to achieve and maintain human health
through the provision of nutrition care services.
Subd. 10.
Nutrition care services. "Nutrition care services" means:
(1) assessment of the nutritional needs of individuals or groups;
(2) establishment of priorities, goals, and objectives to meet nutritional needs;
(3) provision of nutrition counseling for both normal and therapeutic needs;
(4) development, implementation, and management of nutrition care services; or
(5) evaluation, adjustment, and maintenance of appropriate standards of quality in nutrition
care.
Subd. 11.
Nutritional assessment. "Nutritional assessment" means the evaluation of the
nutritional needs of individuals or groups based on appropriate biochemical, anthropometric,
physical, and dietary data to determine nutrient needs and recommend appropriate nutritional
intake.
Subd. 12.
Nutrition counseling. "Nutrition counseling" means advising and assisting
individuals or groups on appropriate nutritional intake by integrating information from the
nutritional assessment with information on food and other sources of nutrients and meal
preparation consistent with cultural background and socioeconomic status.
Subd. 13.
Person. "Person" means an individual, corporation, partnership, or other legal
entity.
History: 1994 c 613 s 2
148.622 BOARD OF DIETETICS AND NUTRITION PRACTICE.
Subdivision 1.
Creation. The Board of Dietetics and Nutrition Practice consists of seven
members appointed by the governor.
Subd. 2.
Membership. Members of the board must have been residents of the state of
Minnesota for two years immediately preceding appointment and must represent various
geographic areas of the state and various employment settings, as required by this section. Two
members must be dietitians registered with the commission with at least three years of dietetics
practice in Minnesota. Two members must be nutritionists with at least three years of nutrition
practice in Minnesota. The professional members first appointed need not be licensed under this
chapter for appointment to their first terms on the board, but must possess the qualifications
necessary for licensure under this chapter. Three other members must be public members as
defined under section
214.02. Two of the public members must be consumers of nutrition care
services or caregivers of those utilizing such services.
Subd. 3.
Membership terms; officers; quorum; expenses. (a) Members must be appointed
for staggered terms of four years, with terms beginning August 1 of each year. The terms of the
initial board members must be determined by lot as follows: one member must be appointed for a
term that expires August 1, 2000; two members must be appointed for terms that expire August 1,
1998; two members must be appointed for terms that expire August 1, 1997; and two members
must be appointed for terms that expire August 1, 1995. Members of the board serve until the
expiration of the term to which they have been appointed or until their successors have qualified.
A person may not be appointed to serve more than two consecutive terms.
(b) The board shall organize annually and select a chair and vice-chair.
(c) Four members of the board, including two professional members and two public
members, constitute a quorum to do business.
(d) The board shall hold at least two regular meetings each year. Additional meetings may be
held at the call of the chair or at the written request of any three members of the board. At least 14
days' written advance notice of the board meeting is required.
(e) Board members receive compensation for their services in accordance with section
15.0575.
History: 1994 c 613 s 3; 1997 c 192 s 26
148.623 DUTIES OF THE BOARD.
The board shall:
(1) adopt rules necessary to administer and enforce sections
148.621 to
148.633;
(2) administer, coordinate, and enforce sections
148.621 to
148.633;
(3) evaluate the qualifications of applicants;
(4) issue subpoenas, examine witnesses, and administer oaths;
(5) conduct hearings and keep records and minutes necessary to the orderly administration of
sections
148.621 to
148.633;
(6) investigate persons engaging in practices that violate sections
148.621 to
148.633; and
(7) adopt rules under chapter 14 prescribing a code of ethics for licensees.
History: 1994 c 613 s 4
148.624 LICENSURE; RENEWAL.
Subdivision 1.
Dietetics. The board shall issue a license as a dietitian to a person who files a
completed application, pays all required fees, and certifies and furnishes evidence satisfactory to
the board that the applicant:
(1) meets the following qualifications:
(i) has received a baccalaureate or postgraduate degree from a United States regionally
accredited college or university with a major in dietetics, human nutrition, nutrition education,
food and nutrition, or food services management;
(ii) has completed a documented supervised preprofessional practice experience component
in dietetic practice of not less than 900 hours under the supervision of a registered dietitian, a
state licensed nutrition professional, or an individual with a doctoral degree conferred by a United
States regionally accredited college or university with a major course of study in human nutrition,
nutrition education, food and nutrition, dietetics, or food systems management. Supervised
practice experience must be completed in the United States or its territories. Supervisors who
obtain their doctoral degree outside the United States and its territories must have their degrees
approved by the board as equivalent to the doctoral degree conferred by a United States regionally
accredited college or university; and
(iii) has successfully completed the registration examination for dietitians administered by
the commission; or
(2) has a valid current registration with the commission which gives the applicant the right to
use the term "registered dietitian" or "RD."
Subd. 2.
Nutrition. The board shall issue a license as a nutritionist to a person who files a
completed application, pays all required fees, and certifies and furnishes evidence satisfactory to
the board that the applicant:
(1) meets the following qualifications:
(i) has received a master's or doctoral degree from an accredited or approved college or
university with a major in human nutrition, public health nutrition, clinical nutrition, nutrition
education, community nutrition, or food and nutrition; and
(ii) has completed a documented supervised preprofessional practice experience component
in dietetic practice of not less than 900 hours under the supervision of a registered dietitian, a
state licensed nutrition professional, or an individual with a doctoral degree conferred by a United
States regionally accredited college or university with a major course of study in human nutrition,
nutrition education, food and nutrition, dietetics, or food systems management. Supervised
practice experience must be completed in the United States or its territories. Supervisors who
obtain their doctoral degree outside the United States and its territories must have their degrees
validated as equivalent to the doctoral degree conferred by a United States regionally accredited
college or university; or
(2) has qualified as a diplomate of the American Board of Nutrition, Springfield, Virginia.
Subd. 3.
Petition. (a) The board may issue a license as a nutritionist to a person who submits
to the board a petition for individual review, provided the person has received a master's or
doctoral degree from an accredited college or university with a major course of study that
includes an emphasis in human nutrition and has completed a supervised preprofessional
experience component in nutrition practice of not less than 900 hours under the supervision of
a registered dietitian, a state licensed health care practitioner, or an individual with a doctoral
degree conferred by a United States regionally accredited college or university with a major
course of study in human nutrition, nutrition education, food and nutrition, dietetics, or food
system management. Supervised practice experience must be completed in the United States or
its territories. Supervisors who obtain their degree outside the United States and its territories
must have their degrees approved by the board as equivalent to a comparable degree conferred
by a United States regionally accredited college or university.
(b) The board may issue a license as a dietitian or nutritionist to an applicant who has
completed a course of study at a foreign college or university, if the applicant:
(1) submits a petition for individual review;
(2) successfully completes a course of study approved by the board as equivalent to a
baccalaureate or master's degree conferred by a United States regionally accredited college or
university; and
(3) meets the applicable experiential requirements set by the board.
Subd. 4.
Renewal. Licensees shall renew licenses at the time and in the manner established
by the rules of the board.
History: 1994 c 613 s 5
148.625 APPLICATION.
A person desiring a license under sections
148.621 to
148.633 shall apply to the board on
a form and in the manner the board prescribes. The application must be accompanied by an
application fee in an amount determined by the board.
History: 1994 c 613 s 6
148.626 CONTINUING EDUCATION REQUIRED.
Within three years of the effective date of sections
148.621 to
148.633, renewal of a license
is contingent on the applicant meeting uniform continuing education requirements established by
the board. Notice of initial or amended continuing education requirements must be sent to all
persons licensed under sections
148.621 to
148.633 at least 12 months before a person's license
renewal is dependent on satisfaction of those requirements. Continuing education requirements
must be sent to new applicants with the forms on which they are to apply for licensure.
History: 1994 c 613 s 7
148.627 TRANSITION PERIOD.
Subdivision 1.
Dietitians. For one year after the effective date of rules adopted by the
board under section
148.623, the board shall issue a license as a dietitian to an applicant who
is a qualified dietitian as defined by the Division of Health Resources of the Department of
Health and has practiced nutrition or dietetics in good standing for the equivalent of one year
full time during the last five years.
Subd. 2.
Nutritionists. For one year after the effective date of rules adopted by the board
under section
148.623, the board shall issue a license as a nutritionist to an applicant who has
received a qualifying master's or doctoral degree and has practiced nutrition or dietetics in good
standing for the equivalent of one year during the last five years.
Subd. 3.
Clinical nutritionists. For one year after the effective date of rules adopted by the
board under section
148.623, the board shall issue a license as a nutritionist to an applicant who is
a certified clinical nutritionist, certified by the International and American Association of Clinical
Nutritionists who meets the standards for certification and recertification established by the
Clinical Nutrition Certification Board and works in cooperation with a medical doctor.
Subd. 4.
Nutrition specialists. For one year after the effective date of rules adopted by the
board under section
148.623, the board shall issue a license as a nutritionist to an applicant who is
a certified nutrition specialist, certified by the Board for Nutrition Specialists.
Subd. 5.
Notice. Within 30 days of the effective date of the rules adopted by the board
under section
148.623, the board shall:
(1) notify dietitians and nutritionists of the existence of the rules by issuing notifications in
dietitian and nutritionist trade publications;
(2) notify all Minnesota educational institutions which grant degrees in majors which prepare
individuals for dietetics or nutrition practice of the existence of the rules; and
(3) provide copies of the rules upon request to interested individuals.
History: 1994 c 613 s 8
148.628 RECIPROCITY.
The board may issue a license to an applicant who is licensed as a dietitian or nutritionist in
another state or the District of Columbia, provided that in the judgment of the board the standards
for licensure in that state are not less stringent than the requirements set forth in sections
148.621
to
148.633.
History: 1994 c 613 s 9
148.629 DENIAL, SUSPENSION, OR REVOCATION.
Subdivision 1.
Grounds. The board may refuse to renew or grant a license to, or may
suspend, revoke, or restrict the license of an individual whom the board, after a hearing under the
contested case provisions of chapter 14, determines:
(1) is incompetent to engage in dietetic or nutrition practice, or is found to be engaged in
dietetic or nutrition practice in a manner harmful or dangerous to a client or to the public;
(2) has violated the rules of the board or the statutes the board is empowered to enforce;
(3) has obtained or attempted to obtain a license or license renewal by bribery or fraudulent
representation;
(4) has knowingly made a false statement on a form required by the board for licensing
or license renewal; or
(5) has sold any dietary supplement product if the sale of that product resulted in financial
benefit to the individual.
Subd. 2.
Restoring license. For reasons it finds sufficient, the board may grant a license
previously refused, restore a license that has been revoked, or reduce a period of suspension
or restriction of a license.
Subd. 3.
Review. Suspension, revocation, or restriction of a license must be reviewed by the
board at the request of the licensee against whom the disciplinary action was taken.
History: 1994 c 613 s 10
148.630 LICENSE REQUIRED.
(a) No person may engage in dietetics or nutrition practice unless the person is licensed as a
dietitian or nutritionist by the board. No person may use the title "dietitian," "licensed dietitian,"
"nutritionist," "licensed nutritionist," or any occupational title using the word "dietitian" or
"nutritionist" unless so licensed by the board, nor shall any person hold out as a dietitian or
nutritionist unless so licensed.
(b) Notwithstanding any other provision of sections
148.621 to
148.633, a dietitian registered
by the commission shall have the right to use the title "registered dietitian" and the designation
"RD." Notwithstanding any other provision of sections
148.621 to
148.633, a dietetic technician
registered by the Commission on Dietetic Registration shall have the right to use the title "dietetic
technician registered" and the designation "DTR."
History: 1994 c 613 s 11
148.631 PENALTY.
A person who violates sections
148.621 to
148.633 is guilty of a misdemeanor. If a person
other than a licensed dietitian or nutritionist engages in an act or practice constituting an offense
under sections
148.621 to
148.633, a district court on application of the board may issue an
injunction or other appropriate order restraining the act or practice.
If the board finds that a licensed dietitian or nutritionist has violated a provision of sections
148.621 to
148.633 or rules adopted under them, it may 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
dietitian or nutritionist 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 investigational services provided by the Office of the Attorney
General, services of court reporters, witnesses, reproduction of records, board members' per diem
compensation, board staff time, and expenses incurred by board members and staff.
History: 1994 c 613 s 12; 2003 c 66 s 4
148.632 EXEMPTIONS; VOLUNTARY LICENSING.
Subdivision 1.
Persons excepted from the licensing requirement. Nothing in sections
148.621 to
148.633 prevents or restricts the activities of:
(1) any person pursuing a degree in dietetics or nutrition at an accredited college or university
who is practicing under the supervision of a licensed dietitian or licensed nutritionist and in
accordance with accepted scientific knowledge and standards of practice, provided that the person
is designated by a title which clearly indicates the person's status as a student or trainee;
(2) any person in the process of fulfilling the professional experience requirements in
dietetics or nutrition necessary for licensure who is practicing under the supervision of a licensed
dietitian or licensed nutritionist and in accordance with accepted scientific knowledge and
standards of practice, provided that the person is designated by a title which clearly indicates the
person's status as a trainee;
(3) any person licensed to practice medicine, nursing, optometry, psychology, pharmacy,
dentistry, or chiropractic, when nutrition practice is incidental to the practice of the person's
profession and the person does not hold out as a dietitian or nutritionist unless so licensed;
(4) any person, including a registered dietetic technician, dietetic technician, or other
paraprofessional working in a program supervised by a licensed dietitian or nutritionist, if the
person's activities are within the scope of the person's education and training and in accordance
with accepted scientific knowledge and standards of practice in nutrition or dietetics and the
person does not hold out as a dietitian or nutritionist unless so licensed;
(5) any person who provides weight control services, provided the nutrition program has
been reviewed by, consultation is available from, and no program change can be initiated without
prior approval by an individual licensed under sections
148.621 to
148.633, a dietitian licensed in
another state that has licensure requirements considered by the board to be at least as stringent as
the requirements for licensure under sections
148.621 to
148.633, or a registered dietitian, and
provided that the person does not hold out as a dietitian or nutritionist unless so licensed;
(6) any home economist with a baccalaureate or graduate degree from an accredited college
or university, if the person's activities are within the scope of the person's education and training
and in accordance with accepted scientific knowledge and standards of practice and the person
does not hold out as a dietitian or nutritionist;
(7) any person employed by a federal, state, county, or municipal agency, elementary or
secondary school, regionally accredited institution of higher education, or nonprofit agency, if the
person's activities are within the scope of the person's employment and the person does not hold
out as a dietitian or nutritionist unless so licensed;
(8) any person who furnishes nutrition information on food, food materials, or dietary
supplements or engages in the explanation to customers about foods or food products in
connection with the marketing and distribution of those products provided that the person does
not hold out as a dietitian or nutritionist unless so licensed;
(9) any person who is recognized in the community as a provider of nutritional advice,
including a curandero or medicine man or woman, and who advises people according to or
based on traditional practices provided the person does not hold out as a dietitian or nutritionist
unless so licensed;
(10) any animal nutritionist who does not meet the requirements of sections
148.621 to
148.633, provided that the person's activities are limited to the nutritional care of animals. Animal
nutritionists may continue to use the title nutritionist so long as they provide nutrition services
only to animals;
(11) any person who provides nutrition services without remuneration to family members; or
(12) any person involved in dietary or nutritional counseling pursuant to a research study
supervised by a Minnesota institution of higher learning or state agency which has been approved
by an institutional review board to ensure the informed consent and safety of study participants.
Subd. 2.
Voluntary licensing. The licensing of persons employed by facilities licensed
under chapters 144 and 144A is voluntary. Nothing in sections
148.621 to
148.633 prevents or
restricts the activities of persons employed by these institutions.
History: 1994 c 613 s 13
148.633 DISPOSITION OF FUNDS.
Money received by the board under sections
148.621 to
148.633 must be credited to the
health occupations licensing account within the special revenue fund.
History: 1994 c 613 s 14
OCCUPATIONAL THERAPISTS AND OCCUPATIONAL
THERAPY ASSISTANTS
148.6401 SCOPE.
Sections
148.6401 to
148.6450 apply to persons who are applicants for licensure, who
are licensed, who use protected titles, or who represent that they are licensed as occupational
therapists or occupational therapy assistants.
History: 2000 c 361 s 1
148.6402 DEFINITIONS.
Subdivision 1.
Scope. For the purpose of sections
148.6401 to
148.6450, the following
terms have the meanings given them.
Subd. 2.
Advisory council. "Advisory council" means the Occupational Therapy
Practitioners Advisory Council in section
148.6450.
Subd. 3.
Biennial licensure period. "Biennial licensure period" means the two-year period
for which licensure is effective.
Subd. 4.
Commissioner. "Commissioner" means the commissioner of health or a designee.
Subd. 5.
Contact hour. "Contact hour" means an instructional session of 60 consecutive
minutes, excluding coffee breaks, registration, meals without a speaker, and social activities.
Subd. 6.
Credential. "Credential" means a license, permit, certification, registration, or
other evidence of qualification or authorization to engage in the practice of occupational therapy
issued by any authority.
Subd. 7.
Credentialing examination for occupational therapist. "Credentialing
examination for occupational therapist" means the examination sponsored by the National Board
for Certification in Occupational Therapy for credentialing as an occupational therapist, registered.
Subd. 8.
Credentialing examination for occupational therapy assistant. "Credentialing
examination for occupational therapy assistant" means the examination sponsored by the National
Board for Certification in Occupational Therapy for credentialing as a certified occupational
therapy assistant.
Subd. 9.
Delegate. "Delegate" means to transfer to an occupational therapy assistant the
authority to perform selected portions of an occupational therapy evaluation or treatment plan
for a specific patient.
Subd. 10.
Direct supervision. "Direct supervision" of an occupational therapy assistant
using physical agent modalities means that the occupational therapist has evaluated the patient
and determined a need for use of a particular physical agent modality in the occupational therapy
treatment plan, has determined the appropriate physical agent modality application procedure, and
is available for in-person intervention while treatment is provided.
Subd. 11.
Electrical stimulation device. "Electrical stimulation device" means any device
which generates pulsed, direct, or alternating electrical current for the purposes of rehabilitation
of neuromusculoskeletal dysfunction.
Subd. 12.
Electrotherapy. "Electrotherapy" means the use of electrical stimulation devices
for a therapeutic purpose.
Subd. 13.
Licensed health care professional. "Licensed health care professional" means a
person licensed in good standing in Minnesota to practice medicine, osteopathy, chiropractic,
podiatry, or dentistry.
Subd. 14.
Occupational therapist. "Occupational therapist" means an individual who meets
the qualifications in sections
148.6401 to
148.6450 and is licensed by the commissioner.
Subd. 15.
Occupational therapy. "Occupational therapy" means the use of purposeful
activity to maximize the independence and the maintenance of health of an individual who is
limited by a physical injury or illness, a cognitive impairment, a psychosocial dysfunction, a
mental illness, a developmental or learning disability, or an adverse environmental condition. The
practice encompasses evaluation, assessment, treatment, and consultation. Occupational therapy
services may be provided individually, in groups, or through social systems. Occupational therapy
includes those services described in section
148.6404.
Subd. 16.
Occupational therapy assistant. "Occupational therapy assistant" means an
individual who meets the qualifications for an occupational therapy assistant in sections
148.6401
to
148.6450 and is licensed by the commissioner.
Subd. 17.
Physical agent modalities. "Physical agent modalities" mean modalities that use
the properties of light, water, temperature, sound, or electricity to produce a response in soft
tissue. The physical agent modalities referred to in sections
148.6404 and
148.6440 are superficial
physical agent modalities, electrical stimulation devices, and ultrasound.
Subd. 18.[Repealed,
2001 c 7 s 91]
Subd. 19.
License or licensed. "License" or "licensed" means the act or status of a natural
person who meets the requirements of sections
148.6401 to
148.6450.
Subd. 20.
Licensee. "Licensee" means a person who meets the requirements of sections
148.6401 to
148.6450.
Subd. 21.
Licensure by equivalency. "Licensure by equivalency" means a method of
licensure described in section
148.6412 by which an individual who possesses a credential from
the National Board for Certification in Occupational Therapy may qualify for licensure.
Subd. 22.
Licensure by reciprocity. "Licensure by reciprocity" means a method of licensure
described in section
148.6415 by which an individual who possesses a credential from another
jurisdiction may qualify for Minnesota licensure.
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.
Subd. 23.
Service competency. "Service competency" of an occupational therapy assistant
in performing evaluation tasks means the ability of an occupational therapy assistant to obtain the
same information as the supervising occupational therapist when evaluating a client's function.
Service competency of an occupational therapy assistant in performing treatment procedures
means the ability of an occupational therapy assistant to perform treatment procedures in a
manner such that the outcome, documentation, and follow-up are equivalent to that which would
have been achieved had the supervising occupational therapist performed the treatment procedure.
Service competency of an occupational therapist means the ability of an occupational
therapist to consistently perform an assessment task or intervention procedure with the level
of skill recognized as satisfactory within the appropriate acceptable prevailing practice of
occupational therapy.
Subd. 24.
Superficial physical agent modality. "Superficial physical agent modality"
means a therapeutic medium which produces temperature changes in skin and underlying
subcutaneous tissues within a depth of zero to three centimeters for the purposes of rehabilitation
of neuromusculoskeletal dysfunction. Superficial physical agent modalities may include, but are
not limited to: paraffin baths, hot packs, cold packs, fluidotherapy, contrast baths, and whirlpool
baths. Superficial physical agent modalities do not include the use of electrical stimulation
devices, ultrasound, or quick icing.
Subd. 25.
Temporary licensure. "Temporary licensure" means a method of licensure
described in section
148.6418, by which an individual who (1) has completed an approved or
accredited education program but has not met the examination requirement; or (2) possesses a
credential from another jurisdiction or the National Board for Certification in Occupational
Therapy but who has not submitted the documentation required by section
148.6420, subdivisions
3 and 4
, may qualify for Minnesota licensure for a limited time period.
Subd. 26.
Ultrasound device. "Ultrasound device" means a device intended to generate
and emit high frequency acoustic vibrational energy for the purposes of rehabilitation of
neuromusculoskeletal dysfunction.
History: 2000 c 361 s 2; 2001 c 7 s 35,36; 2004 c 279 art 1 s 19
148.6403 LICENSURE; PROTECTED TITLES AND RESTRICTIONS ON USE;
EXEMPT PERSONS; SANCTIONS.
Subdivision 1.
Unlicensed practice prohibited. No person shall engage in the practice of
occupational therapy unless the person is licensed as an occupational therapist or an occupational
therapist assistant in accordance with sections
148.6401 to
148.6450.
Subd. 2.
Protected titles and restrictions on use. Use of the phrase "occupational therapy"
or "occupational therapist," or the initials "OT" alone or in combination with any other words or
initials to form an occupational title, or to indicate or imply that the person is licensed by the state
as an occupational therapist or occupational therapy assistant, is prohibited unless that person is
licensed under sections
148.6401 to
148.6450.
Subd. 3.
Use of "Minnesota licensed." Use of the term "Minnesota licensed" in conjunction
with titles protected under this section by any person is prohibited unless that person is licensed
under sections
148.6401 to
148.6450.
Subd. 4.
Persons licensed or certified in other states. A person who is licensed in
Minnesota and licensed or certified in another state may use the designation "licensed" or
"certified" with a protected title only if the state of licensure or certification is clearly indicated.
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.
Subd. 6.
Sanctions. A person who practices occupational therapy or holds out as an
occupational therapist or occupational therapy assistant by or through the use of any title
described in subdivision 2 without prior licensure according to sections
148.6401 to
148.6450
is subject to sanctions or action against continuing the activity according to section
148.6448,
chapter 214, or other statutory authority.
Subd. 7.
Exemption. Nothing in sections
148.6401 to
148.6450 shall prohibit the practice of
any profession or occupation licensed or registered by the state by any person duly licensed or
registered to practice the profession or occupation or to perform any act that falls within the scope
of practice of the profession or occupation.
History: 2000 c 361 s 3; 2004 c 279 art 1 s 20
148.6404 SCOPE OF PRACTICE.
The practice of occupational therapy by an occupational therapist or occupational therapy
assistant includes, but is not limited to, intervention directed toward:
(1) assessment and evaluation, including the use of skilled observation or the administration
and interpretation of standardized or nonstandardized tests and measurements, to identify areas
for occupational therapy services;
(2) providing for the development of sensory integrative, neuromuscular, or motor
components of performance;
(3) providing for the development of emotional, motivational, cognitive, or psychosocial
components of performance;
(4) developing daily living skills;
(5) developing feeding and swallowing skills;
(6) developing play skills and leisure capacities;
(7) enhancing educational performance skills;
(8) enhancing functional performance and work readiness through exercise, range of motion,
and use of ergonomic principles;
(9) designing, fabricating, or applying rehabilitative technology, such as selected orthotic
and prosthetic devices, and providing training in the functional use of these devices;
(10) designing, fabricating, or adapting assistive technology and providing training in the
functional use of assistive devices;
(11) adapting environments using assistive technology such as environmental controls,
wheelchair modifications, and positioning;
(12) employing physical agent modalities, in preparation for or as an adjunct to purposeful
activity, within the same treatment session or to meet established functional occupational therapy
goals, consistent with the requirements of section
148.6440; and
(13) promoting health and wellness.
History: 2000 c 361 s 4
148.6405 LICENSURE APPLICATION REQUIREMENTS: PROCEDURES AND
QUALIFICATIONS.
(a) An applicant for licensure must comply with the 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.
History: 2000 c 361 s 5; 2004 c 279 art 1 s 21
148.6408 QUALIFICATIONS FOR OCCUPATIONAL THERAPIST.
Subdivision 1.
Education required. (a) An applicant who has received professional
education in the United States or its possessions or territories must successfully complete all
academic and fieldwork requirements of an educational program for occupational therapists
approved or accredited by the Accreditation Council for Occupational Therapy Education.
(b) An applicant who has received professional education outside the United States or its
possessions or territories must successfully complete all academic and fieldwork requirements
of an educational program for occupational therapists approved by a member association of the
World Federation of Occupational Therapists.
Subd. 2.
Qualifying examination score required. (a) An applicant must achieve a
qualifying score on the credentialing examination for occupational therapist.
(b) The commissioner shall determine the qualifying score for the credentialing examination
for occupational therapist. In determining the qualifying score, the commissioner shall consider
the cut score recommended by the National Board for Certification in Occupational Therapy, or
other national credentialing organization approved by the commissioner, using the modified
Angoff method for determining cut score or another method for determining cut score that is
recognized as appropriate and acceptable by industry standards.
(c) The applicant is responsible for:
(1) making arrangements to take the credentialing examination for occupational therapist;
(2) bearing all expenses associated with taking the examination; and
(3) having the examination scores sent directly to the commissioner from the testing service
that administers the examination.
History: 2000 c 361 s 6
148.6410 QUALIFICATIONS FOR OCCUPATIONAL THERAPY ASSISTANTS.
Subdivision 1.
Education required. An applicant must successfully complete all academic
and fieldwork requirements of an occupational therapy assistant program approved or accredited
by the Accreditation Council for Occupational Therapy Education.
Subd. 2.
Qualifying examination score required. (a) An applicant for licensure must
achieve a qualifying score on the credentialing examination for occupational therapy assistants.
(b) The commissioner shall determine the qualifying score for the credentialing examination
for occupational therapy assistants. In determining the qualifying score, the commissioner shall
consider the cut score recommended by the National Board for Certification in Occupational
Therapy, or other national credentialing organization approved by the commissioner, using the
modified Angoff method for determining cut score or another method for determining cut score
that is recognized as appropriate and acceptable by industry standards.
(c) The applicant is responsible for:
(1) making all arrangements to take the credentialing examination for occupational therapy
assistants;
(2) bearing all expense associated with taking the examination; and
(3) having the examination scores sent directly to the commissioner from the testing service
that administers the examination.
History: 2000 c 361 s 7
148.6412 LICENSURE BY EQUIVALENCY.
Subdivision 1.
Persons certified by National Board for Certification in Occupational
Therapy before June 17, 1996. Persons certified by the National Board for Certification in
Occupational Therapy as an occupational therapist before June 17, 1996, may apply for licensure
by equivalency for occupational therapist. Persons certified by the National Board for Certification
in Occupational Therapy as an occupational therapy assistant before June 17, 1996, may apply
for licensure by equivalency for occupational therapy assistant.
Subd. 2.
Persons certified by National Board for Certification in Occupational Therapy
after June 17, 1996. The commissioner may license any person certified by the National Board
for Certification in Occupational Therapy as an occupational therapist after June 17, 1996, if
the commissioner determines the requirements for certification are equivalent to or exceed the
requirements for licensure as an occupational therapist under section
148.6408. The commissioner
may license any person certified by the National Board for Certification in Occupational Therapy
as an occupational therapy assistant after June 17, 1996, if the commissioner determines the
requirements for certification are equivalent to or exceed the requirements for licensure as
an occupational therapy assistant under section
148.6410. Nothing in this section limits the
commissioner's authority to deny licensure based upon the grounds for discipline in sections
148.6401 to
148.6450.
Subd. 3.
Application procedures. Applicants for licensure by equivalency must provide:
(1) the application materials as required by section
148.6420, subdivisions 1, 3, and 4; and
(2) the fees required by section
148.6445.
History: 2000 c 361 s 8
148.6415 LICENSURE BY RECIPROCITY.
A person who holds a current credential as an occupational therapist in the District of
Columbia or a state or territory of the United States whose standards for credentialing are
determined by the commissioner to be equivalent to or exceed the requirements for licensure
under section
148.6408 may be eligible for licensure by reciprocity as an occupational therapist.
A person who holds a current credential as an occupational therapy assistant in the District of
Columbia or a state or territory of the United States whose standards for credentialing are
determined by the commissioner to be equivalent to or exceed the requirements for licensure
under section
148.6410 may be eligible for licensure by reciprocity as an occupational therapy
assistant. Nothing in this section limits the commissioner's authority to deny licensure based upon
the grounds for discipline in sections
148.6401 to
148.6450. An applicant must provide:
(1) the application materials as required by section
148.6420, subdivisions 1, 3, and 4;
(2) the fees required by section
148.6445;
(3) a copy of a current and unrestricted credential for the practice of occupational therapy as
either an occupational therapist or occupational therapy assistant;
(4) a letter from the jurisdiction that issued the credential describing the applicant's
qualifications that entitled the applicant to receive the credential; and
(5) other information necessary to determine whether the credentialing standards of the
jurisdiction that issued the credential are equivalent to or exceed the requirements for licensure
under sections
148.6401 to
148.6450.
History: 2000 c 361 s 9
148.6418 TEMPORARY LICENSURE.
Subdivision 1.
Application. The commissioner shall issue temporary licensure as an
occupational therapist or occupational therapy assistant to applicants who have applied for
licensure under section
148.6408, subdivisions 1 and 2;
148.6410, subdivisions 1 and 2;
148.6412;
or
148.6415 and who are not the subject of a disciplinary action or past disciplinary action, nor
disqualified on the basis of items listed in section
148.6448, subdivision 1.
Subd. 2.
Procedures. To be eligible for temporary licensure, an applicant must submit the
application materials required by section
148.6420, subdivision 1, the fees required by section
148.6445, and one of the following:
(1) evidence of successful completion of the requirements in section
148.6408, subdivision
1
, or
148.6410, subdivision 1;
(2) a copy of a current and unrestricted credential for the practice of occupational therapy as
either an occupational therapist or occupational therapy assistant in another jurisdiction; or
(3) a copy of a current and unrestricted certificate from the National Board for Certification
in Occupational Therapy stating that the applicant is certified as an occupational therapist or
occupational therapy assistant.
Subd. 3.
Additional documentation. Persons who are credentialed by the National Board for
Certification in Occupational Therapy or another jurisdiction must provide an affidavit with the
application for temporary licensure stating that they are not the subject of a pending investigation
or disciplinary action and have not been the subject of a disciplinary action in the past.
Subd. 4.
Supervision required. An applicant who has graduated from an accredited
occupational therapy program, as required by section
148.6408, subdivision 1, or
148.6410,
subdivision 1
, and who has not passed the examination required by section
148.6408, subdivision
2
, or
148.6410, subdivision 2, must practice under the supervision of a licensed occupational
therapist. The supervising therapist must, at a minimum, supervise the person working under
temporary licensure in the performance of the initial evaluation, determination of the appropriate
treatment plan, and periodic review and modification of the treatment plan. The supervising
therapist must observe the person working under temporary licensure in order to assure service
competency in carrying out evaluation, treatment planning, and treatment implementation. The
frequency of face-to-face collaboration between the person working under temporary licensure
and the supervising therapist must be based on the condition of each patient or client, the
complexity of treatment and evaluation procedures, and the proficiencies of the person practicing
under temporary licensure. The occupational therapist or occupational therapy assistant working
under temporary licensure must provide verification of supervision on the application form
provided by the commissioner.
Subd. 5.
Expiration of temporary licensure. A temporary license issued to a person
pursuant to subdivision 2, clause (1), expires six months from the date of issuance for occupational
therapists and occupational therapy assistants or on the date the commissioner grants or denies
licensure, whichever occurs first. A temporary license issued to a person pursuant to subdivision
2, clause (2) or (3), expires 90 days after it is issued. Upon application for renewal, a temporary
license shall be renewed once to persons who have not met the examination requirement under
section
148.6408, subdivision 2, or
148.6410, subdivision 2, within the initial temporary licensure
period and who are not the subject of a disciplinary action nor disqualified on the basis of items
in section
148.6448, subdivision 1. Upon application for renewal, a temporary license shall
be renewed once to persons who are able to demonstrate good cause for failure to meet the
requirements for licensure under section
148.6412 or
148.6415 within the initial temporary
licensure period and who are not the subject of a disciplinary action nor disqualified on the basis
of items in section
148.6448, subdivision 1.
History: 2000 c 361 s 10; 2002 c 228 s 1
148.6420 APPLICATION REQUIREMENTS.
Subdivision 1.
Applications for licensure. An applicant for licensure must:
(1) submit a completed application for licensure on forms provided by the commissioner and
must supply the information requested on the application, including:
(i) the applicant's name, business address and business telephone number, business setting,
and daytime telephone number;
(ii) the name and location of the occupational therapy program the applicant completed;
(iii) a description of the applicant's education and training, including a list of degrees
received from educational institutions;
(iv) the applicant's work history for the six years preceding the application, including the
number of hours worked;
(v) a list of all credentials currently and previously held in Minnesota and other jurisdictions;
(vi) a description of any jurisdiction's refusal to credential the applicant;
(vii) a description of all professional disciplinary actions initiated against the applicant in
any jurisdiction;
(viii) information on any physical or mental condition or chemical dependency that impairs
the person's ability to engage in the practice of occupational therapy with reasonable judgment
or safety;
(ix) a description of any misdemeanor or felony conviction that relates to honesty or to
the practice of occupational therapy;
(x) a description of any state or federal court order, including a conciliation court judgment
or a disciplinary order, related to the individual's occupational therapy practice; and
(xi) a statement indicating the physical agent modalities the applicant will use and whether
the applicant will use the modalities as an occupational therapist or an occupational therapy
assistant under direct supervision;
(2) submit with the application all fees required by section
148.6445;
(3) sign a statement that the information in the application is true and correct to the best of
the applicant's knowledge and belief;
(4) sign a waiver authorizing the commissioner to obtain access to the applicant's records
in this or any other state in which the applicant holds or previously held a credential for the
practice of an occupation, has completed an accredited occupational therapy education program,
or engaged in the practice of occupational therapy;
(5) submit additional information as requested by the commissioner; and
(6) submit the additional information required for licensure by equivalency, licensure by
reciprocity, and temporary licensure as specified in sections
148.6408 to
148.6418.
Subd. 2.
Persons applying for licensure under section
148.6408 or
148.6410.
Persons
applying for licensure under section
148.6408 or
148.6410 must submit the materials required
in subdivision 1 and the following:
(1) a certificate of successful completion of the requirements in section
148.6408, subdivision
1
, or
148.6410, subdivision 1; and
(2) the applicant's test results from the examining agency, as evidence that the applicant
received a qualifying score on a credentialing examination meeting the requirements of section
148.6408, subdivision 2, or
148.6410, subdivision 2.
Subd. 3.
Applicants who are certified by National Board for Certification in
Occupational Therapy. An applicant who is certified by the National Board for Certification in
Occupational Therapy must provide the materials required in subdivision 1 and the following:
(1) verified documentation from the National Board for Certification in Occupational
Therapy stating that the applicant is certified as an occupational therapist, registered or certified
occupational therapy assistant, the date certification was granted, and the applicant's certification
number. The document must also include a statement regarding disciplinary actions. The applicant
is responsible for obtaining this documentation by sending a form provided by the commissioner
to the National Board for Certification in Occupational Therapy; and
(2) a waiver authorizing the commissioner to obtain access to the applicant's records
maintained by the National Board for Certification in Occupational Therapy.
Subd. 4.
Applicants credentialed in another jurisdiction. In addition to providing the
materials required in subdivision 1, an applicant credentialed in another jurisdiction must request
that the appropriate government body in each jurisdiction in which the applicant holds or held
an occupational therapy credential send a letter to the commissioner that verifies the applicant's
credentials. Except as provided in section
148.6418, a license shall not be issued until the
commissioner receives letters verifying each of the applicant's credentials. Each letter must
include the applicant's name and date of birth, credential number and date of issuance, a statement
regarding investigations pending and disciplinary actions taken or pending against the applicant,
current status of the credential, and the terms under which the credential was issued.
Subd. 5.
Action on applications for licensure. (a) The commissioner shall approve, approve
with conditions, or deny licensure. The commissioner shall act on an application for licensure
according to paragraphs (b) to (d).
(b) The commissioner shall determine if the applicant meets the requirements for licensure.
The commissioner, or the advisory council at the commissioner's request, may investigate
information provided by an applicant to determine whether the information is accurate and
complete.
(c) The commissioner shall notify an applicant of action taken on the application and, if
licensure is denied or approved with conditions, the grounds for the commissioner's determination.
(d) An applicant denied licensure or granted licensure with conditions may make a written
request to the commissioner, within 30 days of the date of the commissioner's determination, for
reconsideration of the commissioner's determination. Individuals requesting reconsideration
may submit information which the applicant wants considered in the reconsideration. After
reconsideration of the commissioner's determination to deny licensure or grant licensure with
conditions, the commissioner shall determine whether the original determination should be
affirmed or modified. An applicant is allowed no more than one request in any one biennial
licensure period for reconsideration of the commissioner's determination to deny licensure or
approve licensure with conditions.
History: 2000 c 361 s 11; 2001 c 7 s 37,38
148.6423 LICENSURE RENEWAL.
Subdivision 1.
Renewal requirements. To be eligible for licensure renewal, a licensee must:
(1) submit a completed and signed application for licensure renewal on forms provided
by the commissioner;
(2) submit the renewal fee required under section
148.6445;
(3) submit proof of having met the continuing education requirement of section
148.6443
on forms provided by the commissioner; and
(4) submit additional information as requested by the commissioner to clarify information
presented in the renewal application. The information must be submitted within 30 days after
the commissioner's request.
Subd. 2.
Renewal deadline. (a) Except as provided in paragraph (c), licenses must be
renewed every two years. Licensees must comply with the following procedures in paragraphs
(b) to (e):
(b) Each license must state an expiration date. An application for licensure renewal must
be received by the Department of Health or postmarked at least 30 calendar days before the
expiration date. If the postmark is illegible, the application shall be considered timely if received
at least 21 calendar days before the expiration date.
(c) If the commissioner changes the renewal schedule and the expiration date is less than
two years, the fee and the continuing education contact hours to be reported at the next renewal
must be prorated.
(d) An application for licensure renewal not received within the time required under
paragraph (b), but received on or before the expiration date, must be accompanied by a late fee
in addition to the renewal fee specified by section
148.6445.
(e) Licensure renewals received after the expiration date shall not be accepted and persons
seeking licensed status must comply with the requirements of section
148.6425.
Subd. 3.
Licensure renewal notice. At least 60 calendar days before the expiration date in
subdivision 2, the commissioner shall mail a renewal notice to the licensee's last known address on
file with the commissioner. The notice must include an application for licensure renewal and notice
of fees required for renewal. The licensee's failure to receive notice does not relieve the licensee
of the obligation to meet the renewal deadline and other requirements for licensure renewal.
History: 2000 c 361 s 12
148.6425 RENEWAL OF LICENSURE; AFTER EXPIRATION DATE.
Subdivision 1.
Removal of name from list. The names of licensees who do not comply with
the licensure renewal requirements of section
148.6423 on or before the expiration date shall
be removed from the list of individuals authorized to practice occupational therapy and to use
the protected titles in section
148.6403. The licensees must comply with the requirements of
this section in order to regain licensed status.
Subd. 2.
Licensure renewal after licensure expiration date. An individual whose
application for licensure renewal is received after the licensure expiration date must submit
the following:
(1) a completed and signed application for licensure following lapse in licensed status on
forms provided by the commissioner;
(2) the renewal fee and the late fee required under section
148.6445;
(3) proof of having met the continuing education requirements since the individual's initial
licensure or last licensure renewal; and
(4) additional information as requested by the commissioner to clarify information in the
application, including information to determine whether the individual has engaged in conduct
warranting disciplinary action as set forth in section
148.6448. The information must be submitted
within 30 days after the commissioner's request.
Subd. 3.
Licensure renewal four years or more after licensure expiration date. (a) An
individual who requests licensure renewal four years or more after the licensure expiration date
must submit the following:
(1) a completed and signed application for licensure on forms provided by the commissioner;
(2) the renewal fee and the late fee required under section
148.6445 if renewal application is
based on paragraph (b), clause (1), (2), or (3), or the renewal fee required under section
148.6445
if renewal application is based on paragraph (b), clause (4);
(3) proof of having met the continuing education requirement for the most recently
completed two-year continuing education cycle; and
(4) at the time of the next licensure renewal, proof of having met the continuing education
requirement, which shall be prorated based on the number of months licensed during the biennial
licensure period.
(b) In addition to the requirements in paragraph (a), the applicant must submit proof of
one of the following:
(1) verified documentation of successful completion of 160 hours of supervised practice
approved by the commissioner as described in paragraph (c);
(2) verified documentation of having achieved a qualifying score on the credentialing
examination for occupational therapists or the credentialing examination for occupational therapy
assistants administered within the past year;
(3) documentation of having completed a combination of occupational therapy courses or an
occupational therapy refresher program that contains both a theoretical and clinical component
approved by the commissioner. Only courses completed within one year preceding the date of the
application or one year after the date of the application qualify for approval; or
(4) evidence that the applicant holds a current and unrestricted credential for the practice
of occupational therapy in another jurisdiction and that the applicant's credential from that
jurisdiction has been held in good standing during the period of lapse.
(c) To participate in a supervised practice as described in paragraph (b), clause (1), the
applicant shall obtain limited licensure. To apply for limited licensure, the applicant shall
submit the completed limited licensure application, fees, and agreement for supervision of
an occupational therapist or occupational therapy assistant practicing under limited licensure
signed by the supervising therapist and the applicant. The supervising occupational therapist
shall state the proposed level of supervision on the supervision agreement form provided by the
commissioner. The supervising therapist shall determine the frequency and manner of supervision
based on the condition of the patient or client, the complexity of the procedure, and the
proficiencies of the supervised occupational therapist. At a minimum, a supervising occupational
therapist shall be on the premises at all times that the person practicing under limited licensure
is working; be in the room ten percent of the hours worked each week by the person practicing
under limited licensure; and provide daily face-to-face collaboration for the purpose of observing
service competency of the occupational therapist or occupational therapy assistant, discussing
treatment procedures and each client's response to treatment, and reviewing and modifying,
as necessary, each treatment plan. The supervising therapist shall document the supervision
provided. The occupational therapist participating in a supervised practice is responsible for
obtaining the supervision required under this paragraph and must comply with the commissioner's
requirements for supervision during the entire 160 hours of supervised practice. The supervised
practice must be completed in two months and may be completed at the applicant's place of work.
(d) In addition to the requirements in paragraphs (a) and (b), the applicant must submit
additional information as requested by the commissioner to clarify information in the application,
including information to determine whether the applicant has engaged in conduct warranting
disciplinary action as set forth in section
148.6448. The information must be submitted within 30
days after the commissioner's request.
History: 2000 c 361 s 13; 2001 c 7 s 39,40; 2003 c 118 s 2
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.
History: 2000 c 361 s 14; 2004 c 279 art 1 s 22
148.6430 DELEGATION OF DUTIES; ASSIGNMENT OF TASKS.
The occupational therapist is responsible for all duties delegated to the occupational therapy
assistant or tasks assigned to direct service personnel. The occupational therapist may delegate
to an occupational therapy assistant those portions of a client's evaluation, reevaluation, and
treatment that, according to prevailing practice standards of the American Occupational Therapy
Association, can be performed by an occupational therapy assistant. The occupational therapist
may not delegate portions of an evaluation or reevaluation of a person whose condition is
changing rapidly. Delegation of duties related to use of physical agent modalities to occupational
therapy assistants is governed by section
148.6440, subdivision 6.
History: 2000 c 361 s 15
148.6432 SUPERVISION OF OCCUPATIONAL THERAPY ASSISTANTS.
Subdivision 1.
Applicability. If the professional standards identified in section
148.6430
permit an occupational therapist to delegate an evaluation, reevaluation, or treatment procedure,
the occupational therapist must provide supervision consistent with this section. Supervision of
occupational therapy assistants using physical agent modalities is governed by section
148.6440,
subdivision 6
.
Subd. 2.
Evaluations. The occupational therapist shall determine the frequency of
evaluations and reevaluations for each client. The occupational therapy assistant shall inform
the occupational therapist of the need for more frequent reevaluation if indicated by the
client's condition or response to treatment. Before delegating a portion of a client's evaluation
pursuant to section
148.6430, the occupational therapist shall ensure the service competency of
the occupational therapy assistant in performing the evaluation procedure and shall provide
supervision consistent with the condition of the patient or client and the complexity of the
evaluation procedure.
Subd. 3.
Treatment. (a) The occupational therapist shall determine the frequency and
manner of supervision of an occupational therapy assistant performing treatment procedures
delegated pursuant to section
148.6430, based on the condition of the patient or client, the
complexity of the treatment procedure, and the proficiencies of the occupational therapy assistant.
(b) Face-to-face collaboration between the occupational therapist and the occupational
therapy assistant shall occur, at a minimum, every two weeks, during which time the occupational
therapist is responsible for:
(1) planning and documenting an initial treatment plan and discharge from treatment;
(2) reviewing treatment goals, therapy programs, and client progress;
(3) supervising changes in the treatment plan;
(4) conducting or observing treatment procedures for selected clients and documenting
appropriateness of treatment procedures. Clients shall be selected based on the occupational
therapy services provided to the client and the role of the occupational therapist and the
occupational therapy assistant in those services; and
(5) ensuring the service competency of the occupational therapy assistant in performing
delegated treatment procedures.
(c) Face-to-face collaboration must occur more frequently than every two weeks if necessary
to meet the requirements of paragraph (a) or (b).
(d) The occupational therapist shall document compliance with this subdivision in the
client's file or chart.
Subd. 4.
Exception. The supervision requirements of this section do not apply to an
occupational therapy assistant who:
(1) works in an activities program; and
(2) does not perform occupational therapy services.
The occupational therapy assistant must meet all other applicable requirements of sections
148.6401 to
148.6450.
History: 2000 c 361 s 16
148.6435 COORDINATION OF SERVICES.
An occupational therapist shall:
(1) collect information necessary to ensure that the provision of occupational therapy services
are consistent with the client's physical and mental health status. The information required to
make this determination may include, but is not limited to, contacting the client's licensed health
care professional for health history, current health status, current medications, and precautions;
(2) modify or terminate occupational therapy treatment of a client that is not beneficial to
the client, not tolerated by the client, or refused by the client, and if treatment was terminated
for a medical reason, notify the client's licensed health care professional by correspondence
postmarked or delivered to the licensed health care professional within seven calendar days of
the termination of treatment;
(3) refer a client to an appropriate health care, social service, or education practitioner if the
client's condition requires services not within the occupational therapist's service competency
or not within the practice of occupational therapy generally;
(4) participate and cooperate in the coordination of occupational therapy services with other
related services, as a member of the professional community serving the client; and
(5) communicate, in writing, with the appropriate licensed health care professional an
occupational therapy plan of care, postmarked or delivered to the licensed health care professional
within 14 calendar days of the initiation of treatment. The occupational therapist must provide
this written communication even if occupational therapy treatment is concluded in less than 14
consecutive days. The occupational therapist shall document modifications to the plan of care
requested by the licensed health care professional following consultation with the licensed health
care professional. Occupational therapists employed by a school system are exempt from the
requirements of this clause in the performance of their duties within the school system.
History: 2000 c 361 s 17
148.6438 RECIPIENT NOTIFICATION.
Subdivision 1.
Required notification. In the absence of a physician referral or prior
authorization, and before providing occupational therapy services for remuneration or expectation
of payment from the client, an occupational therapist must provide the following written
notification in all capital letters of 12-point or larger boldface type, to the client, parent, or
guardian:
"Your health care provider, insurer, or plan may require a physician referral or prior
authorization and you may be obligated for partial or full payment for occupational therapy
services rendered."
Information other than this notification may be included as long as the notification remains
conspicuous on the face of the document. A nonwritten disclosure format may be used to satisfy
the recipient notification requirement when necessary to accommodate the physical condition of a
client or client's guardian.
Subd. 2.
Evidence of recipient notification. The occupational therapist is responsible for
providing evidence of compliance with the recipient notification requirement of this section.
History: 2000 c 361 s 18
148.6440 PHYSICAL AGENT MODALITIES.
Subdivision 1.
General considerations. (a) Occupational therapists who use superficial
physical agent modalities must comply with the requirements in subdivision 3. Occupational
therapists who use electrotherapy must comply with the requirements in subdivision 4.
Occupational therapists who use ultrasound devices must comply with the requirements in
subdivision 5. Occupational therapy assistants who use physical agent modalities must comply
with subdivision 6.
(b) Use of superficial physical agent modalities, electrical stimulation devices, and ultrasound
devices must be on the order of a physician.
(c) The commissioner shall maintain a roster of persons licensed under sections
148.6401 to
148.6450 who use physical agent modalities. Prior to using a physical agent modality, licensees
must inform the commissioner of the physical agent modality they will use. Persons who use
physical agent modalities must indicate on their initial and renewal applications the physical
agent modalities that they use.
(d) Licensees are responsible for informing the commissioner of any changes in the
information required in this section within 30 days of any change.
Subd. 2.
Written documentation required. Prior to use of physical agent modalities, an
occupational therapist must provide to the commissioner documentation verifying that the
occupational therapist has met the educational and clinical requirements described in subdivisions
3 to 5, depending on the modality or modalities used. Both theoretical training and clinical
application objectives must be met for each modality used. Documentation must include the name
and address of the individual or organization sponsoring the activity; the name and address of
the facility at which the activity was presented; and a copy of the course, workshop, or seminar
description, including learning objectives and standards for meeting the objectives. In the case
of clinical application objectives, teaching methods must be documented, including actual
supervised practice. Documentation must include a transcript or certificate showing successful
completion of the coursework. Practitioners are prohibited from using physical agent modalities
independently until granted approval as provided in subdivision 7.
Subd. 3.
Educational and clinical requirements for use of superficial physical agent
modalities. (a) An occupational therapist may use superficial physical agent modalities if the
occupational therapist has received theoretical training and clinical application training in the
use of superficial physical agent modalities.
(b) Theoretical training in the use of superficial physical agent modalities must:
(1) explain the rationale and clinical indications for use of superficial physical agent
modalities;
(2) explain the physical properties and principles of the superficial physical agent modalities;
(3) describe the types of heat and cold transference;
(4) explain the factors affecting tissue response to superficial heat and cold;
(5) describe the biophysical effects of superficial physical agent modalities in normal and
abnormal tissue;
(6) describe the thermal conductivity of tissue, matter, and air;
(7) explain the advantages and disadvantages of superficial physical agent modalities; and
(8) explain the precautions and contraindications of superficial physical agent modalities.
(c) Clinical application training in the use of superficial physical agent modalities must
include activities requiring the practitioner to:
(1) formulate and justify a plan for the use of superficial physical agents for treatment
appropriate to its use and simulate the treatment;
(2) evaluate biophysical effects of the superficial physical agents;
(3) identify when modifications to the treatment plan for use of superficial physical agents
are needed and propose the modification plan;
(4) safely and appropriately administer superficial physical agents under the supervision of a
course instructor or clinical trainer;
(5) document parameters of treatment, patient response, and recommendations for
progression of treatment for the superficial physical agents; and
(6) demonstrate the ability to work competently with superficial physical agents as
determined by a course instructor or clinical trainer.
Subd. 4.
Educational and clinical requirements for use of electrotherapy. (a) An
occupational therapist may use electrotherapy if the occupational therapist has received theoretical
training and clinical application training in the use of electrotherapy.
(b) Theoretical training in the use of electrotherapy must:
(1) explain the rationale and clinical indications of electrotherapy, including pain control,
muscle dysfunction, and tissue healing;
(2) demonstrate comprehension and understanding of electrotherapeutic terminology and
biophysical principles, including current, voltage, amplitude, and resistance;
(3) describe the types of current used for electrical stimulation, including the description,
modulations, and clinical relevance;
(4) describe the time-dependent parameters of pulsed and alternating currents, including
pulse and phase durations and intervals;
(5) describe the amplitude-dependent characteristics of pulsed and alternating currents;
(6) describe neurophysiology and the properties of excitable tissue;
(7) describe nerve and muscle response from externally applied electrical stimulation,
including tissue healing;
(8) describe the electrotherapeutic effects and the response of nerve, denervated and
innervated muscle, and other soft tissue; and
(9) explain the precautions and contraindications of electrotherapy, including considerations
regarding pathology of nerve and muscle tissue.
(c) Clinical application training in the use of electrotherapy must include activities requiring
the practitioner to:
(1) formulate and justify a plan for the use of electrical stimulation devices for treatment
appropriate to its use and simulate the treatment;
(2) evaluate biophysical treatment effects of the electrical stimulation;
(3) identify when modifications to the treatment plan using electrical stimulation are needed
and propose the modification plan;
(4) safely and appropriately administer electrical stimulation under supervision of a course
instructor or clinical trainer;
(5) document the parameters of treatment, case example (patient) response, and
recommendations for progression of treatment for electrical stimulation; and
(6) demonstrate the ability to work competently with electrical stimulation as determined by
a course instructor or clinical trainer.
Subd. 5.
Educational and clinical requirements for use of ultrasound. (a) An occupational
therapist may use an ultrasound device if the occupational therapist has received theoretical
training and clinical application training in the use of ultrasound.
(b) The theoretical training in the use of ultrasound must:
(1) explain the rationale and clinical indications for the use of ultrasound, including
anticipated physiological responses of the treated area;
(2) describe the biophysical thermal and nonthermal effects of ultrasound on normal and
abnormal tissue;
(3) explain the physical principles of ultrasound, including wavelength, frequency,
attenuation, velocity, and intensity;
(4) explain the mechanism and generation of ultrasound and energy transmission through
physical matter; and
(5) explain the precautions and contraindications regarding use of ultrasound devices.
(c) The clinical application training in the use of ultrasound must include activities requiring
the practitioner to:
(1) formulate and justify a plan for the use of ultrasound for treatment appropriate to its use
and stimulate the treatment;
(2) evaluate biophysical effects of ultrasound;
(3) identify when modifications to the treatment plan for use of ultrasound are needed and
propose the modification plan;
(4) safely and appropriately administer ultrasound under supervision of a course instructor or
clinical trainer;
(5) document parameters of treatment, patient response, and recommendations for
progression of treatment for ultrasound; and
(6) demonstrate the ability to work competently with ultrasound as determined by a course
instructor or clinical trainer.
Subd. 6.
Occupational therapy assistant use of physical agent modalities. An occupational
therapy assistant may set up and implement treatment using physical agent modalities if the
assistant meets the requirements of this section, has demonstrated service competency for the
particular modality used, and works under the direct supervision of an occupational therapist.
An occupational therapy assistant who uses superficial physical agent modalities must meet the
requirements of subdivision 3. An occupational therapy assistant who uses electrotherapy must
meet the requirements of subdivision 4. An occupational therapy assistant who uses ultrasound
must meet the requirements of subdivision 5. An occupational therapist may not delegate
evaluation, reevaluation, treatment planning, and treatment goals for physical agent modalities to
an occupational therapy assistant.
Subd. 7.
Approval. (a) The advisory council shall appoint a committee to review
documentation under subdivisions 2 to 6 to determine if established educational and clinical
requirements are met. If, after review of course documentation, the committee verifies that
a specific course meets the theoretical and clinical requirements in subdivisions 2 to 6,
the commissioner may approve practitioner applications that include the required course
documentation evidencing completion of the same course.
(b) Occupational therapists shall be advised of the status of their request for approval within
30 days. Occupational therapists must provide any additional information requested by the
committee that is necessary to make a determination regarding approval or denial.
(c) A determination regarding a request for approval of training under this subdivision shall
be made in writing to the occupational therapist. If denied, the reason for denial shall be provided.
(d) A licensee who was approved by the commissioner as a level two provider prior to
July 1, 1999, shall remain on the roster maintained by the commissioner in accordance with
subdivision 1, paragraph (c).
(e) To remain on the roster maintained by the commissioner, a licensee who was approved by
the commissioner as a level one provider prior to July 1, 1999, must submit to the commissioner
documentation of training and experience gained using physical agent modalities since the
licensee's approval as a level one provider. The committee appointed under paragraph (a) shall
review the documentation and make a recommendation to the commissioner regarding approval.
(f) An occupational therapist who received training in the use of physical agent modalities
prior to July 1, 1999, but who has not been placed on the roster of approved providers may
submit to the commissioner documentation of training and experience gained using physical
agent modalities. The committee appointed under paragraph (a) shall review documentation and
make a recommendation to the commissioner regarding approval.
History: 2000 c 361 s 19; 2006 c 267 art 2 s 10
148.6443 CONTINUING EDUCATION REQUIREMENTS.
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 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.
Subd. 2.
Standards for determining qualified continuing education activities. Except as
provided in subdivision 3, paragraph (f), in order to qualify as a continuing education activity,
the activity must:
(1) constitute an organized program of learning;
(2) reasonably be expected to advance the knowledge and skills of the occupational therapy
practitioner;
(3) pertain to subjects that directly relate to the practice of occupational therapy;
(4) be conducted by a sponsor approved by the American Occupational Therapy Association
or by individuals who have education, training, and experience by reason of which the individuals
should be considered experts on the subject matter of the activity; and
(5) be presented by a sponsor who has a mechanism to verify participation and maintains
attendance records for three years.
Subd. 3.
Activities qualifying for continuing education contact hours. (a) The activities in
this subdivision qualify for continuing education contact hours if they meet all other requirements
of this section.
(b) A minimum of one-half of the required contact hours must be directly related to the
occupational therapy practice. The remaining contact hours may be related to occupational
therapy practice, the delivery of occupational therapy services, or to the practitioner's current
professional role.
(c) A licensee may obtain an unlimited number of contact hours in any two-year continuing
education period through participation in the following:
(1) attendance at educational programs of annual conferences, lectures, panel discussions,
workshops, in-service training, seminars, and symposiums;
(2) successful completion of college or university courses. The licensee must obtain a grade
of at least a "C" or a pass in a pass or fail course in order to receive the following continuing
education credits:
(i) one semester credit equals 14 contact hours;
(ii) one trimester credit equals 12 contact hours; and
(iii) one quarter credit equals ten contact hours;
(3) successful completion of home study courses that require the participant to demonstrate
the participant's knowledge following completion of the course.
(d) A licensee may obtain a maximum of six contact hours in any two-year continuing
education period for:
(1) teaching continuing education courses that meet the requirements of this section. A
licensee is entitled to earn a maximum of two contact hours as preparation time for each contact
hour of presentation time. Contact hours may be claimed only once for teaching the same course
in any two-year continuing education period. A course schedule or brochure must be maintained
for audit;
(2) supervising occupational therapist or occupational therapy assistant students. A licensee
may earn one contact hour for every eight hours of student supervision. Licensees must maintain
a log indicating the name of each student supervised and the hours each student was supervised.
Contact hours obtained by student supervision must be obtained by supervising students from an
occupational therapy education program accredited by the Accreditation Council for Occupational
Therapy Education;
(3) teaching or participating in courses related to leisure activities, recreational activities,
or hobbies if the practitioner uses these interventions within the practitioner's current practice
or employment; and
(4) engaging in research activities or outcome studies that are associated with grants,
postgraduate studies, or publications in professional journals or books.
(e) A licensee may obtain a maximum of two contact hours in any two-year continuing
education period for continuing education activities in the following areas:
(1) business-related topics: marketing, time management, administration, risk management,
government regulations, techniques for training professionals, computer skills, payment systems,
including covered services, coding, documentation, billing, and similar topics;
(2) personal skill topics: career burnout, communication skills, human relations, and similar
topics; and
(3) training that is obtained in conjunction with a licensee's employment, occurs during a
licensee's normal workday, and does not include subject matter specific to the fundamentals of
occupational therapy.
Subd. 4.
Activities not qualifying for continuing education contact hours. No credit shall
be granted for the following activities: hospital rounds, entertainment or recreational activities,
employment orientation sessions, holding an office or serving as an organizational delegate,
meetings for the purpose of making policy and noneducational association meetings.
Subd. 5.
Reporting continuing education contact hours. Within one month following
licensure 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.
Subd. 6.
Auditing continuing education reports. (a) The commissioner may audit a
percentage of the continuing education reports based on random selection. A licensee shall
maintain all documentation required by this section for two years after the last day of the biennial
licensure period in which the contact hours were earned.
(b) All renewal applications that are received after the expiration date may be subject to a
continuing education report audit.
(c) Any licensee against whom a complaint is filed may be subject to a continuing education
report audit.
(d) The licensee shall make the following information available to the commissioner for
auditing purposes:
(1) a copy of the completed continuing education report form for the continuing education
reporting period that is the subject of the audit including all supporting documentation required by
subdivision 5;
(2) a description of the continuing education activity prepared by the presenter or sponsor
that includes the course title or subject matter, date, place, number of program contact hours,
presenters, and sponsors;
(3) documentation of self-study programs by materials prepared by the presenter or sponsor
that includes the course title, course description, name of sponsor or author, and the number
of hours required to complete the program;
(4) documentation of university, college, or vocational school courses by a course syllabus,
listing in a course bulletin, or equivalent documentation that includes the course title, instructor's
name, course dates, number of contact hours, and course content, objectives, or goals; and
(5) verification of attendance by:
(i) a signature of the presenter or a designee at the continuing education activity on the
continuing education report form or a certificate of attendance with the course name, course
date, and licensee's name;
(ii) a summary or outline of the educational content of an audio or video educational activity
to verify the licensee's participation in the activity if a designee is not available to sign the
continuing education report form;
(iii) verification of self-study programs by a certificate of completion or other documentation
indicating that the individual has demonstrated knowledge and has successfully completed the
program; or
(iv) verification of attendance at a university, college, or vocational course by an official
transcript.
Subd. 7.
Waiver of continuing education requirements. The commissioner may grant
a waiver of the requirements of this section in cases where the requirements would impose
an extreme hardship on the licensee. The request for a waiver must be in writing, state the
circumstances that constitute extreme hardship, state the period of time the licensee wishes to
have the continuing education requirement waived, and state the alternative measures that will
be taken if a waiver is granted. The commissioner shall set forth, in writing, the reasons for
granting or denying the waiver. Waivers granted by the commissioner shall specify, in writing,
the time limitation and required alternative measures to be taken by the licensee. A request for
waiver shall be denied if the commissioner finds that the circumstances stated by the licensee do
not support a claim of extreme hardship, the requested time period for waiver is unreasonable,
the alternative measures proposed by the licensee are not equivalent to the continuing education
activity being waived, or the request for waiver is not submitted to the commissioner within 60
days after the expiration date.
Subd. 8.
Penalties for noncompliance. The commissioner shall refuse to renew or grant,
or shall suspend, condition, limit, or qualify the license of any person who the commissioner
determines has failed to comply with the continuing education requirements of this section. A
licensee may request reconsideration of the commissioner's determination of noncompliance or
the penalty imposed under this section by making a written request to the commissioner within
30 days of the date of notification to the applicant. Individuals requesting reconsideration may
submit information that the licensee wants considered in the reconsideration.
History: 2000 c 361 s 20; 2004 c 279 art 1 s 23,24; 2006 c 267 art 2 s 11-13
148.6445 FEES.
Subdivision 1.
Initial licensure fee. The initial licensure fee for occupational therapists is
$180. The initial licensure fee for occupational therapy assistants is $100. The commissioner shall
prorate fees based on the number of quarters remaining in the biennial licensure period.
Subd. 2.
Licensure renewal fee. The biennial licensure renewal fee for occupational
therapists is $180. The biennial licensure renewal fee for occupational therapy assistants is $100.
Subd. 3.
Late fee. The fee for late submission of a renewal application is $25.
Subd. 4.
Temporary licensure fee. The fee for temporary licensure is $50.
Subd. 5.
Limited licensure fee. The fee for limited licensure is $96.
Subd. 6.
Fee for course approval after lapse of licensure. The fee for course approval
after lapse of licensure is $96.
Subd. 7.
Verification to other states. The fee for verification of licensure to other states
is $25.
Subd. 8.
Verification to institutions. The fee for verification of licensure to institutions
is $10.
Subd. 9.[Repealed,
1Sp2003 c 14 art 7 s 89]
Subd. 10.
Nonrefundable fees. All fees are nonrefundable.
Subd. 11.
Penalty fees. (a) The penalty fee for practicing occupational therapy without a
current license after the credential has expired and before it is renewed is the amount of the
license renewal fee for any part of the first month, plus the license renewal fee for any part
of any subsequent month up to 36 months.
(b) The penalty fee for applicants who engage in the unauthorized practice of occupational
therapy before being issued a license is the amount of the license application fee for any part of
the first month, plus the license application fee for any part of any subsequent month up to 36
months. This paragraph does not apply to applicants not qualifying for a license who engage in
the unauthorized practice of occupational therapy.
(c) The penalty fee for failing to submit a continuing education report by the due date with
the correct number or type of hours in the correct time period is $100 plus $20 for each missing
clock hour. The licensee must obtain the missing number of continuing education hours by the
next reporting due date.
(d) Civil penalties and discipline incurred by licensees prior to August 1, 2005, for conduct
described in paragraph (a), (b), or (c) shall be recorded as nondisciplinary penalty fees. For
conduct described in paragraph (a) or (b) occurring after August 1, 2005, and exceeding six
months, payment of a penalty fee does not preclude any disciplinary action reasonably justified by
the individual case.
History: 2000 c 361 s 21; 1Sp2003 c 14 art 7 s 52; 2005 c 147 art 9 s 2
148.6448 GROUNDS FOR DENIAL OF LICENSURE OR DISCIPLINE;
INVESTIGATION PROCEDURES; DISCIPLINARY ACTIONS.
Subdivision 1.
Grounds for denial of licensure or discipline. The commissioner may deny
an application for licensure, may approve licensure with conditions, or may discipline a licensee
using any disciplinary actions listed in subdivision 3 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 by the
commissioner or advisory council;
(3) performed services of an occupational therapist or occupational therapy assistant in an
incompetent manner or in a manner that falls below the community standard of care;
(4) failed to satisfactorily perform occupational therapy services during a period of
temporary licensure;
(5) violated sections
148.6401 to
148.6450;
(6) failed to perform services with reasonable judgment, skill, or safety due to the use of
alcohol or drugs, or other physical or mental impairment;
(7) been convicted of violating any state or federal law, rule, or regulation which directly
relates to the practice of occupational therapy;
(8) aided or abetted another person in violating any provision of sections
148.6401 to
148.6450;
(9) been disciplined for conduct in the practice of an occupation by the state of Minnesota,
another jurisdiction, or a national professional association, if any of the grounds for discipline are
the same or substantially equivalent to those in sections
148.6401 to
148.6450;
(10) not cooperated with the commissioner or advisory council in an investigation conducted
according to subdivision 2;
(11) advertised in a manner that is false or misleading;
(12) engaged in dishonest, unethical, or unprofessional conduct in connection with the
practice of occupational therapy that is likely to deceive, defraud, or harm the public;
(13) demonstrated a willful or careless disregard for the health, welfare, or safety of a client;
(14) performed medical diagnosis or provided treatment, other than occupational therapy,
without being licensed to do so under the laws of this state;
(15) paid or promised to pay a commission or part of a fee to any person who contacts the
occupational therapist for consultation or sends patients to the occupational therapist for treatment;
(16) engaged in an incentive payment arrangement, other than that prohibited by clause (15),
that promotes occupational therapy overutilization, whereby the referring person or person who
controls the availability of occupational therapy services to a client profits unreasonably as a
result of client treatment;
(17) 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;
(18) obtained money, property, or services from a consumer through the use of undue
influence, high pressure sales tactics, harassment, duress, deception, or fraud;
(19) performed services for a client who had no possibility of benefiting from the services;
(20) failed to refer a client for medical evaluation when appropriate or when a client
indicated symptoms associated with diseases that could be medically or surgically treated;
(21) engaged in conduct with a client that is sexual or may reasonably be interpreted by the
client as sexual, or in any verbal behavior that is seductive or sexually demeaning to a patient;
(22) violated a federal or state court order, including a conciliation court judgment, or a
disciplinary order issued by the commissioner, related to the person's occupational therapy
practice; or
(23) any other just cause related to the practice of occupational therapy.
Subd. 2.
Investigation of complaints. The commissioner, or the advisory council when
authorized by the commissioner, may initiate an investigation upon receiving a complaint or
other oral or written communication that alleges or implies that a person has violated sections
148.6401 to
148.6450. In the receipt, investigation, and hearing of a complaint that alleges or
implies a person has violated sections
148.6401 to
148.6450, the commissioner shall follow
the procedures in section
214.10.
Subd. 3.
Disciplinary actions. If the commissioner finds that an occupational therapist or
occupational therapy assistant should be disciplined according to subdivision 1, the commissioner
may take any one or more of the following actions:
(1) refuse to grant or renew licensure;
(2) approve licensure with conditions;
(3) revoke licensure;
(4) suspend licensure;
(5) any reasonable lesser action including, but not limited to, reprimand or restriction on
licensure; or
(6) any action authorized by statute.
Subd. 4.
Effect of specific disciplinary action on use of title. Upon notice from the
commissioner denying licensure renewal or upon notice that disciplinary actions have been
imposed and the person is no longer entitled to practice occupational therapy and use the
occupational therapy and licensed titles, the person shall cease to practice occupational therapy,
to use titles protected by sections
148.6401 to
148.6450, and to represent to the public that the
person is licensed by the commissioner.
Subd. 5.
Reinstatement requirements after disciplinary action. A person who has had
licensure suspended may request and provide justification for reinstatement following the period
of suspension specified by the commissioner. The requirements of sections
148.6423 and
148.6425 for renewing licensure and any other conditions imposed with the suspension must be
met before licensure may be reinstated.
Subd. 6.
Authority to contract. The commissioner shall contract with the health
professionals services program as authorized by sections
214.31 to
214.37 to provide these
services to practitioners under this chapter. The health professionals services program does not
affect the commissioner's authority to discipline violations of sections
148.6401 to
148.6450.
History: 2000 c 361 s 22; 2001 c 7 s 41; 2006 c 267 art 2 s 14
148.6450 OCCUPATIONAL THERAPY PRACTITIONERS ADVISORY COUNCIL.
Subdivision 1.
Membership. The commissioner shall appoint seven persons to an
Occupational Therapy Practitioners Advisory Council consisting of the following:
(1) two public members, as defined in section
214.02. The public members shall be either
persons who have received occupational therapy services or family members of or caregivers
to such persons;
(2) two members who are occupational therapists and two occupational therapy assistants
licensed under sections
148.6401 to
148.6450, each of whom is employed in a different
practice area including, but not limited to, long-term care, school therapy, early intervention,
administration, gerontology, industrial rehabilitation, cardiac rehabilitation, physical disability,
pediatrics, mental health, home health, and hand therapy. Three of the four occupational therapy
practitioners who serve on the advisory council must be currently, and for the three years preceding
the appointment, engaged in the practice of occupational therapy or employed as an administrator
or an instructor of an occupational therapy program. At least one of the four occupational therapy
practitioners who serves on the advisory council must be employed in a rural area; and
(3) one member who is a licensed or registered health care practitioner, or other credentialed
practitioner, who works collaboratively with occupational therapy practitioners.
Subd. 2.
Duties. At the commissioner's request, the advisory council shall:
(1) advise the commissioner regarding the occupational therapy practitioner licensure
standards;
(2) advise the commissioner on enforcement of sections
148.6401 to
148.6450;
(3) provide for distribution of information regarding occupational therapy practitioners
licensure standards;
(4) review applications and make recommendations to the commissioner on granting or
denying licensure or licensure renewal;
(5) 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 person; and
(6) perform other duties authorized for advisory councils by chapter 214, as directed by the
commissioner.
History: 2000 c 361 s 23
PHYSICAL THERAPISTS
148.65 DEFINITIONS.
Subdivision 1.
Physical therapy. As used in sections
148.65 to
148.78 the term "physical
therapy" means the evaluation or treatment or both of any person by the employment of physical
measures and the use of therapeutic exercises and rehabilitative procedures, with or without
assistive devices, for the purpose of preventing, correcting, or alleviating a physical or mental
disability. Physical measures shall include but shall not be limited to heat or cold, air, light,
water, electricity and sound. Physical therapy includes evaluation other than medical diagnosis,
treatment planning, treatment, documentation, performance of appropriate tests and measurement,
interpretation of orders or referrals, instruction, consultative services, and supervision of
supportive personnel. "Physical therapy" does not include the practice of medicine as defined in
section
147.081, or the practice of chiropractic as defined in section
148.01.
Subd. 2.
Physical therapist. "Physical therapist" means a person who practices physical
therapy as defined in sections
148.65 to
148.78.
Subd. 3.
Physical therapist assistant. "Physical therapist assistant" means a graduate of a
physical therapist assistant educational program accredited by the Commission on Accreditation
in Physical Therapy Education (CAPTE) or a recognized comparable national accrediting agency
approved by the board. The physical therapist assistant, under the direction and supervision of
the physical therapist, performs physical therapy interventions and assists with coordination,
communication, and documentation; and patient-client-related instruction. The physical therapist
is not required to be on-site except as required under Minnesota Rules, part
5601.1500, but must
be easily available by telecommunications.
Subd. 4.
Physical therapy aide. "Physical therapy aide" means a person, working under the
direct supervision of a physical therapist, who is not a physical therapist assistant as defined in
subdivision 3, who performs tasks as provided under Minnesota Rules, part
5601.1400.
Subd. 5.
Student physical therapist. "Student physical therapist" means a person in a
professional educational program, approved by the board under section
148.705, who is satisfying
supervised clinical education requirements by performing physical therapy under the on-site
supervision of a licensed physical therapist. "On-site supervision" means the physical therapist
is easily available for instruction to the student physical therapist. The physical therapist shall
have direct contact with the patient during at least every second treatment session by the student
physical therapist. Telecommunications, except within the facility, does not meet the requirement
of on-site supervision.
Subd. 6.
Student physical therapist assistant. "Student physical therapist assistant" means
a person in a physical therapist assistant educational program accredited by the Commission on
Accreditation in Physical Therapy Education (CAPTE) or a recognized comparable national
accrediting agency approved by the board. The student physical therapist assistant, under the
direct supervision of the physical therapist, or the direct supervision of the physical therapist and
physical therapist assistant, performs physical therapy interventions and assists with coordination,
communication, documentation, and patient-client-related instruction. "Direct supervision" means
the physical therapist is physically present and immediately available to provide instruction to the
student physical therapist assistant.
Subd. 7.
Supportive personnel. "Supportive personnel" means a physical therapist assistant
and a physical therapy aide.
History: 1951 c 479 s 1; 1980 c 412 s 1; 1985 c 182 s 1; 1987 c 384 art 2 s 1; 2005 c
147 art 2 s 1-5
148.66 STATE BOARD OF PHYSICAL THERAPY, DUTIES.
The state Board of Physical Therapy established under section
148.67 shall administer
sections
148.65 to
148.78. As used in sections
148.65 to
148.78, "board" means the state Board
of Physical Therapy.
The board shall:
(1) adopt rules necessary to administer and enforce sections
148.65 to
148.78;
(2) administer, coordinate, and enforce sections
148.65 to
148.78;
(3) evaluate the qualifications of applicants;
(4) issue subpoenas, examine witnesses, and administer oaths;
(5) conduct hearings and keep records and minutes necessary to the orderly administration of
sections
148.65 to
148.78;
(6) investigate persons engaging in practices that violate sections
148.65 to
148.78; and
(7) adopt rules under chapter 14 prescribing a code of ethics for licensees.
History: 1951 c 479 s 2; 1991 c 106 s 6; 1999 c 245 art 9 s 48
148.67 STATE BOARD OF PHYSICAL THERAPY; MEMBERSHIP APPOINTMENTS,
VACANCIES, REMOVALS.
Subdivision 1.
Board of Physical Therapy appointed. The governor shall appoint a state
Board of Physical Therapy to administer sections
148.65 to
148.78, regarding the qualifications
and examination of physical therapists. The board shall consist of nine members, citizens and
residents of the state of Minnesota, composed of four physical therapists, one licensed and
registered doctor of medicine, one physical therapy assistant and three public members. The four
physical therapist members must be licensed physical therapists in this state. Each of the four
physical therapist members must have at least five years' experience in physical therapy practice,
physical therapy administration, or physical therapy education. The five years' experience must
immediately precede appointment. Membership terms, compensation of members, removal of
members, filling of membership vacancies, and fiscal year and reporting requirements shall be as
provided in sections
214.07 to
214.09. The provision of staff, administrative services, and office
space; the review and processing of complaints; the setting of board fees; and other provisions
relating to board operations shall be as provided in chapter 214. Each member of the board shall
file with the secretary of state the constitutional oath of office before beginning the term of office.
Subd. 2.
Recommendations for appointment. Prior to the end of the term of a member of
the board, or within 60 days after a position on the board becomes vacant, the Minnesota chapter
of the American Physical Therapy Association and other interested persons and organizations
may recommend to the governor members qualified to serve on the board. The governor may
appoint members to the board from the list of persons recommended or from among other
qualified candidates.
History: 1951 c 479 s 3; 1975 c 136 s 20; 1976 c 222 s 66; 1976 c 239 s 71; 1980 c 412 s 2;
1991 c 106 s 6; 1999 c 245 art 9 s 49
148.691 OFFICERS; EXECUTIVE DIRECTOR.
Subdivision 1.
Officers of the board. The board shall elect from its members a president,
a vice-president, and a secretary-treasurer. Each shall serve for one year or until a successor is
elected and qualifies. The board shall appoint and employ an executive secretary. A majority of
the board, including one officer, constitutes a quorum at a meeting.
Subd. 2.
Board authority to hire. The board may employ persons needed to carry out its
work.
Subd. 3.
Disclosure. Subject to the exceptions listed in this subdivision, all communications
or information received by or disclosed to the board relating to any person or matter subject to
its regulatory jurisdiction are confidential and privileged and any disciplinary hearing shall be
closed to the public.
(a) Upon application of a party in a proceeding before the board, the board shall produce
and permit the inspection and copying, by or on behalf of the moving party, of any designated
documents or papers relevant to the proceedings, in accordance with the provisions of Rule 34,
Minnesota Rules of Civil Procedure.
(b) If the board imposes disciplinary measures of any kind, whether by contested case or by
settlement agreement, the name and business address of the licensee, the nature of the misconduct,
and the action taken by the board are public data. If disciplinary action is taken by settlement
agreement, the entire agreement is public data. The board shall decide disciplinary matters,
whether by settlement or by contested case, by roll call vote. The votes are public data.
(c) The board shall exchange information with other licensing boards, agencies, or
departments within the state, as required under section
214.10, subdivision 8, paragraph (c).
(d) The board shall upon request furnish to a person who made a complaint, a description of
the activities and actions of the board relating to that complaint, a summary of the results of an
investigation of that complaint, and the reasons for actions taken by the board.
History: 1999 c 245 art 9 s 50; 2000 c 284 s 3
148.70 APPLICANTS, QUALIFICATIONS.
The Board of Physical Therapy must:
(1) establish the qualifications of applicants for licensing and continuing education
requirements for relicensing;
(2) provide for and conduct all examinations following satisfactory completion of all
didactic requirements;
(3) determine the applicants who successfully pass the examination; and
(4) duly license an applicant after the applicant has presented evidence satisfactory to the
board that the applicant has completed an accredited physical therapy educational program of
education or continuing education approved by the board.
The passing score for examinations taken after July 1, 1995, shall be based on objective,
numerical standards, as established by a nationally recognized board approved testing service.
History: 1951 c 479 s 6; 1973 c 725 s 17; 1975 c 136 s 21; 1980 c 412 s 3; 1986 c 444;
1988 c 549 s 1; 1991 c 106 s 6; 1995 c 18 s 10; 1999 c 245 art 9 s 51
148.705 APPLICATION.
An applicant for licensing as a physical therapist shall file a written application on forms
provided by the board together with a fee in the amount set by the board. No portion of the
fee is refundable.
An approved program for physical therapists shall include the following:
(1) a minimum of 60 academic semester credits or its equivalent from an accredited college,
including courses in the biological and physical sciences; and
(2) an accredited course in physical therapy education which has provided adequate
instruction in the basic sciences, clinical sciences, and physical therapy theory and procedures, as
determined by the board. In determining whether or not a course in physical therapy is approved,
the board may take into consideration the accreditation of such schools by the appropriate
council of the American Medical Association, the American Physical Therapy Association, or
the Canadian Medical Association.
History: 1980 c 412 s 4; 1999 c 245 art 9 s 52
148.706 SUPERVISION OF ASSISTANTS, AIDES, AND STUDENTS.
Every physical therapist who uses the services of a physical therapist assistant or physical
therapy aide for the purpose of assisting in the practice of physical therapy is responsible for
functions performed by the assistant or aide while engaged in such assistance. The physical
therapist shall delegate duties to the physical therapist assistant and assign tasks to the physical
therapy aide in accordance with Minnesota Rules, part
5601.1400. Physical therapists who
instruct student physical therapists and student physical therapist assistants are responsible for the
functions performed by the students and shall supervise the students as provided under section
148.65, subdivisions 5 and 6.
History: 1980 c 412 s 11; 1986 c 444; 2005 c 147 art 2 s 6
148.71 LICENSING.
Subdivision 1.
Qualified applicant. The state Board of Physical Therapy shall license
as a physical therapist and shall furnish a license to an applicant who successfully passes an
examination provided for in sections
148.65 to
148.78 for licensing as a physical therapist and
who is otherwise qualified as required in sections
148.65 to
148.78.
Subd. 2.
Temporary permit. (a) The board may, upon payment of a fee set by the board,
issue a temporary permit to practice physical therapy under supervision to a physical therapist
who is a graduate of an approved school of physical therapy and qualified for admission to
examination for licensing as a physical therapist. A temporary permit to practice physical therapy
under supervision may be issued only once and cannot be renewed. It expires 90 days after
the next examination for licensing given by the board or on the date on which the board, after
examination of the applicant, grants or denies the applicant a license to practice, whichever
occurs first. A temporary permit expires on the first day the board begins its next examination
for license after the permit is issued if the holder does not submit to examination on that date.
The holder of a temporary permit to practice physical therapy under supervision may practice
physical therapy as defined in section
148.65 if the entire practice is under the supervision of a
person holding a valid license to practice physical therapy in this state. The supervision shall be
direct, immediate, and on premises.
(b) A physical therapist from another state who is licensed or otherwise registered in good
standing as a physical therapist by that state and meets the requirements for licensing under
section
148.72 does not require supervision to practice physical therapy while holding a temporary
permit in this state. The temporary permit remains valid only until the meeting of the board at
which the application for licensing is considered.
Subd. 3.
Foreign-trained physical therapists; temporary permits. (a) The Board of
Physical Therapy may issue a temporary permit to a foreign-trained physical therapist who:
(1) is enrolled in a supervised physical therapy traineeship that meets the requirements
under paragraph (b);
(2) has completed a physical therapy education program equivalent to that under section
148.705 and Minnesota Rules, part
5601.0800, subpart 2;
(3) has achieved a score of at least 550 on the test of English as a foreign language or a score
of at least 85 on the Minnesota battery test; and
(4) has paid a nonrefundable fee set by the board.
A foreign-trained physical therapist must have the temporary permit before beginning a
traineeship.
(b) A supervised physical therapy traineeship must:
(1) be at least six months;
(2) be at a board-approved facility;
(3) provide a broad base of clinical experience to the foreign-trained physical therapist
including a variety of physical agents, therapeutic exercises, evaluation procedures, and patient
diagnoses;
(4) be supervised by a physical therapist who has at least three years of clinical experience
and is licensed under subdivision 1; and
(5) be approved by the board before the foreign-trained physical therapist begins the
traineeship.
(c) A temporary permit is effective on the first day of a traineeship and expires 90 days after
the next examination for licensing given by the board following successful completion of the
traineeship or on the date on which the board, after examination of the applicant, grants or denies
the applicant a license to practice, whichever occurs first.
(d) A foreign-trained physical therapist must successfully complete a traineeship to be
licensed as a physical therapist under subdivision 1. The traineeship may be waived for a
foreign-trained physical therapist who is licensed or otherwise registered in good standing in
another state and has successfully practiced physical therapy in that state under the supervision
of a licensed or registered physical therapist for at least six months at a facility that meets the
requirements under paragraph (b), clauses (2) and (3).
(e) A temporary permit will not be issued to a foreign-trained applicant who has been issued
a temporary permit for longer than six months in any other state.
History: 1951 c 479 s 7; 1980 c 412 s 5; 1988 c 557 s 4; 1991 c 106 s 6; 1993 c 21 s 11,12;
1999 c 245 art 9 s 53; 2002 c 379 art 1 s 51
148.72 EXAMINATIONS.
Subdivision 1.
Issuance of license without examination. On payment to the board of a fee
in the amount set by the board and on submission of a written application on forms provided by
the board, the board shall issue a license without examination to a person who is licensed or
otherwise registered as a physical therapist by another state of the United States of America,
its possessions, or the District of Columbia, if the board determines that the requirements for
licensing or registration in the state, possession, or District are equal to, or greater than, the
requirements in sections
148.65 to
148.78.
Subd. 2.
License. The board may issue a license without examination to an applicant who
presents evidence satisfactory to the board of having passed an examination recognized by the
board, if the board determines the standards of the other state or foreign country are equal to those
of this state. Upon application, the applicant shall pay to the board a fee in the amount set by
the board. No portion of the fee is refundable.
Subd. 3.
Examinations. The board shall give an examination to applicants who comply
with section
148.70. The examination shall include a written examination which shall test the
applicant's knowledge of the basic and clinical sciences as they relate to physical therapy, physical
therapy theory and procedures, and such other subjects as the board may deem useful to test the
applicant's qualifications to act as a physical therapist.
Subd. 4.
Issuance of license after examination. The board shall issue a license to an
applicant who passes the examination according to standards established by the board and who
is not disqualified to receive a license under section
148.75.
History: 1951 c 479 s 8; 1980 c 412 s 6; 1986 c 444; 1995 c 18 s 11; 1999 c 245 art 9 s 54-56
148.735 CANCELLATION OF LICENSE IN GOOD STANDING.
Subdivision 1.
Board approval; reporting. A physical therapist holding an active license
to practice physical therapy in the state may, upon approval of the board, be granted license
cancellation if the board is not investigating the person as a result of a complaint or information
received or if the board has not begun disciplinary proceedings against the person. Such action by
the board shall be reported as a cancellation of a license in good standing.
Subd. 2.
Fees nonrefundable. A physical therapist who receives board approval for license
cancellation is not entitled to a refund of any license fees paid for the licensure year in which
cancellation of the license occurred.
Subd. 3.
New license after cancellation. If a physical therapist who has been granted board
approval for license cancellation desires to resume the practice of physical therapy in Minnesota,
that physical therapist must obtain a new license by applying for licensure and fulfilling the
requirements then in existence for obtaining an initial license to practice physical therapy in
Minnesota.
History: 2005 c 147 art 2 s 7
148.736 CANCELLATION OF CREDENTIALS UNDER DISCIPLINARY ORDER.
Subdivision 1.
Board approval; reporting. A physical therapist, whose right to practice is
under suspension, condition, limitation, qualification, or restriction by the board may be granted
cancellation of credentials by approval of the board. Such action by the board shall be reported
as cancellation while under discipline. Credentials, for purposes of this section, means board
authorized documentation of the privilege to practice physical therapy.
Subd. 2.
Fees nonrefundable. A physical therapist who receives board approval for
credential cancellation is not entitled to a refund of any fees paid for the credentialing year in
which cancellation of the credential occurred.
Subd. 3.
New credential after cancellation. If a physical therapist who has been granted
board approval for credential cancellation desires to resume the practice of physical therapy in
Minnesota, that physical therapist must obtain a new credential by applying to the board and
fulfilling the requirements then in existence for obtaining an initial credential to practice physical
therapy in Minnesota.
History: 2005 c 147 art 2 s 8
148.737 CANCELLATION OF LICENSE FOR NONRENEWAL.
The Board of Physical Therapy shall not renew, reissue, reinstate, or restore a license that has
lapsed on or after January 1, 2006, and has not been renewed within two annual license renewal
cycles starting January 1, 2008. A licensee whose license is canceled for nonrenewal must obtain
a new license by applying for licensure and fulfilling all requirements then in existence for an
initial license to practice physical therapy in Minnesota.
History: 2005 c 147 art 2 s 9
148.74 RULES.
The board may adopt rules needed to carry out sections
148.65 to
148.78. The
secretary-treasurer of the board shall keep a record of proceedings under these sections and
a register of all persons licensed under it. The register shall show the name, address, date and
number of the license, and the renewal of the license. Any other interested person in the state
may obtain a copy of the list on request to the board upon paying an amount fixed by the board.
The amount shall not exceed the cost of the list furnished. The board shall provide blanks,
books, certificates, and stationery and assistance necessary to transact business of the board.
All money received by the board under sections
148.65 to
148.78 shall be paid into the state
treasury as provided for by law. The board shall set by rule the amounts of the application fee
and the annual licensing fee. The fees collected by the board must be sufficient to cover the costs
of administering sections
148.65 to
148.78.
History: 1951 c 479 s 10; 1977 c 305 s 45; 1980 c 412 s 8; 1985 c 248 s 70; 1988 c 549
s 3; 1999 c 245 art 9 s 58
148.745 MALPRACTICE HISTORY.
Subdivision 1.
Submission. A person desiring to practice physical therapy in this state who
has previously practiced in another state shall submit the following additional information with
the license application for the five-year period of active practice preceding the date of filing
such application:
(a) The name and address of the person's professional liability insurer in the other state.
(b) The number, date, and disposition of any malpractice settlement or award made to the
plaintiff relating to the quality of services provided.
Subd. 2.
Board action. The board shall give due consideration to the information submitted
pursuant to section
148.72 and this section. An applicant who willfully submits incorrect
information shall be subject to disciplinary action pursuant to section
148.75.
History: 1999 c 245 art 9 s 59
148.75 LICENSES; DENIAL, SUSPENSION, REVOCATION.
(a) The state Board of Physical Therapy may refuse to grant a license to any physical
therapist, or may suspend or revoke the license of any physical therapist for any of the following
grounds:
(1) using drugs or intoxicating liquors to an extent which affects professional competence;
(2) conviction of a felony;
(3) conviction for violating any state or federal narcotic law;
(4) obtaining a license or attempting to obtain a license by fraud or deception;
(5) conduct unbecoming a person licensed as a physical therapist or conduct detrimental
to the best interests of the public;
(6) gross negligence in the practice of physical therapy as a physical therapist;
(7) treating human ailments by physical therapy after an initial 30-day period of patient
admittance to treatment has lapsed, except by the order or referral of a person licensed in this state
in the practice of medicine as defined in section
147.081, the practice of chiropractic as defined in
section
148.01, the practice of podiatry as defined in section
153.01, or the practice of dentistry as
defined in section
150A.05 and whose license is in good standing; or when a previous diagnosis
exists indicating an ongoing condition warranting physical therapy treatment, subject to periodic
review defined by board of physical therapy rule;
(8) treating human ailments, without referral, by physical therapy treatment without first
having practiced one year under a physician's orders as verified by the board's records;
(9) failing to consult with the patient's health care provider who prescribed the physical
therapy treatment if the treatment is altered by the physical therapist from the original written
order. The provision does not include written orders to "evaluate and treat";
(10) treating human ailments other than by physical therapy unless duly licensed or
registered to do so under the laws of this state;
(11) inappropriate delegation to a physical therapist assistant or inappropriate task
assignment to an aide or inadequate supervision of a student physical therapist, physical therapist
assistant, student physical therapist assistant, or a physical therapy aide;
(12) practicing as a physical therapist performing medical diagnosis, the practice of medicine
as defined in section
147.081, or the practice of chiropractic as defined in section
148.01;
(13) failing to comply with a reasonable request to obtain appropriate clearance for mental
or physical conditions that would interfere with the ability to practice physical therapy, and
that may be potentially harmful to patients;
(14) dividing fees with, or paying or promising to pay a commission or part of the fee to,
any person who contacts the physical therapist for consultation or sends patients to the physical
therapist for treatment;
(15) engaging in an incentive payment arrangement, other than that prohibited by clause
(14), that tends to promote physical therapy overuse, that allows the referring person or person
who controls the availability of physical therapy services to a client to profit unreasonably as a
result of patient treatment;
(16) practicing physical therapy and failing to refer to a licensed health care professional a
patient whose medical condition at the time of evaluation has been determined by the physical
therapist to be beyond the scope of practice of a physical therapist;
(17) failing to report to the board other licensed physical therapists who violate this section;
and
(18) practicing physical therapy under lapsed or nonrenewed credentials.
(b) A license to practice as a physical therapist is suspended if (1) a guardian of the physical
therapist is appointed by order of a court pursuant to sections
524.5-101 to
524.5-502, for reasons
other than the minority of the physical therapist; or (2) the physical therapist is committed by
order of a court pursuant to chapter 253B. The license remains suspended until the physical
therapist is restored to capacity by a court and, upon petition by the physical therapist, the
suspension is terminated by the Board of Physical Therapy after a hearing.
History: 1951 c 479 s 11; 1967 c 119 s 1; 1969 c 6 s 27; 1969 c 927 s 7; 1974 c 61 s 1; 1974
c 406 s 23; 1980 c 412 s 9; 1982 c 581 s 24; 1985 c 182 s 2; 1986 c 444; 1987 c 384 art 2 s 1;
1988 c 549 s 4; 1991 c 106 s 6; 1991 c 199 art 2 s 1; 1Sp1994 c 1 art 2 s 11; 1999 c 245 art 9 s
60; 2004 c 146 art 3 s 9; 2005 c 147 art 2 s 10
148.754 EXAMINATION; ACCESS TO MEDICAL DATA.
(a) If the board has probable cause to believe that a physical therapist comes under section
148.75, paragraph (a), it may direct the physical therapist to submit to a mental or physical
examination. For the purpose of this paragraph, every physical therapist is deemed to have
consented to submit to a mental or physical examination when directed in writing by the board and
further to have waived all objections to the admissibility of the examining physicians' testimony
or examination reports on the ground that they constitute a privileged communication. Failure of
the physical therapist to submit to an examination when directed constitutes an admission of the
allegations against the person, unless the failure was due to circumstances beyond the person's
control, in which case a default and final order may be entered without the taking of testimony or
presentation of evidence. A physical therapist affected under this paragraph shall, at reasonable
intervals, be given an opportunity to demonstrate that the person can resume the competent
practice of physical therapy with reasonable skill and safety to the public.
(b) In any proceeding under paragraph (a), neither the record of proceedings nor the orders
entered by the board shall be used against a physical therapist in any other proceeding.
(c) In addition to ordering a physical or mental examination, the board may, notwithstanding
section
13.384,
144.651, or any other law limiting access to medical or other health data, obtain
medical data and health records relating to a physical therapist or applicant without the person's
or applicant's consent if the board has probable cause to believe that a physical therapist comes
under paragraph (a). The medical data may be requested from a provider, as defined in section
144.335, subdivision 1, paragraph (b), an insurance company, or a government agency, including
the Department of Human Services. A provider, insurance company, or government agency shall
comply with any written request of the board under this paragraph and is not liable in any action
for damages for releasing the data requested by the board if the data are released pursuant to a
written request under this paragraph, unless the information is false and the provider giving the
information knew, or had reason to believe, the information was false. Information obtained under
this paragraph is classified as private under sections
13.01 to
13.87.
History: 2005 c 147 art 2 s 11
148.755 TEMPORARY SUSPENSION OF LICENSE.
In addition to any other remedy provided by law, the board may, without a hearing,
temporarily suspend the license of a physical therapist if the board finds that the physical therapist
has violated a statute or rule which the board is empowered to enforce and continued practice by
the physical therapist would create a serious risk of harm to the public. The suspension shall take
effect upon written notice to the physical therapist, specifying the statute or rule violated. The
suspension shall remain in effect until the board issues a final order in the matter after a hearing.
At the time it issues the suspension notice, the board shall schedule a disciplinary hearing to be
held pursuant to the Administrative Procedure Act, chapter 14. The physical therapist shall be
provided with at least 20 days' notice of any hearing held pursuant to this section. The hearing
shall be scheduled to begin no later than 30 days after the issuance of the suspension order.
History: 2005 c 147 art 2 s 12
148.76 PROHIBITED CONDUCT.
Subdivision 1.
Licensure required. No person shall:
(1) provide physical therapy unless the person is licensed as a physical therapist under
sections
148.65 to
148.78;
(2) use the title of physical therapist without a license as a physical therapist issued under
sections
148.65 to
148.78;
(3) in any manner hold out as a physical therapist, or use in connection with the person's
name the words or letters Physical Therapist, Physiotherapist, Physical Therapy Technician,
Registered Physical Therapist, Licensed Physical Therapist, PT, PTT, RPT, LPT, or any letters,
words, abbreviations or insignia indicating or implying that the person is a physical therapist,
without a license as a physical therapist issued under sections
148.65 to
148.78. To do so is a
gross misdemeanor;
(4) employ fraud or deception in applying for or securing a license as a physical therapist.
Nothing in sections
148.65 to
148.78 prohibits a person licensed or registered in this state
under another law from carrying out the therapy or practice for which the person is duly licensed
or registered.
Subd. 2.
Prohibitions. No physical therapist may:
(1) treat human ailments by physical therapy after an initial 30-day period of patient
admittance to treatment has lapsed, except by the order or referral of a person licensed in this
state to practice medicine as defined in section
147.081, the practice of chiropractic as defined
in section
148.01, the practice of podiatry as defined in section
153.01, the practice of dentistry
as defined in section
150A.05, or the practice of advanced practice nursing as defined in section
62A.15, subdivision 3a, when orders or referrals are made in collaboration with a physician,
chiropractor, podiatrist, or dentist, and whose license is in good standing; or when a previous
diagnosis exists indicating an ongoing condition warranting physical therapy treatment, subject
to periodic review defined by Board of Physical Therapy rule;
(2) treat human ailments by physical therapy treatment without first having practiced one
year under a physician's orders as verified by the board's records;
(3) use any chiropractic manipulative technique whose end is the chiropractic adjustment
of an abnormal articulation of the body; and
(4) treat human ailments other than by physical therapy unless duly licensed or registered to
do so under the laws of this state.
History: 1951 c 479 s 12; 1980 c 412 s 10; 1985 c 182 s 3; 1986 c 444; 1988 c 549 s 5;
1991 c 106 s 6; 1991 c 199 art 2 s 1; 1998 c 317 s 10; 1999 c 245 art 9 s 61
148.775 FORMS OF DISCIPLINARY ACTION.
If the board finds that a licensed physical therapist has violated a provision or provisions of
section
148.75 or
148.76, it may do one or more of the following:
(1) deny the application for the license;
(2) deny the renewal of the license;
(3) revoke the license;
(4) suspend the license;
(5) impose limitations or conditions on the physical therapist's practice of physical therapy,
including the limitation of scope of practice to designated field specialties; the imposition of
retraining or rehabilitation requirements; the requirement of practice under supervision; or the
conditioning of continued practice on demonstration of knowledge or skills by appropriate
examination, monitoring, or other review of skill and competence;
(6) 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 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;
(7) order the physical therapist to provide unremunerated service;
(8) censure or reprimand the licensed physical therapist; or
(9) any other action as allowed by law and justified by the facts of the case.
History: 2003 c 66 s 5
148.78 PROSECUTION, ALLEGATIONS.
In the prosecution of any person for violation of sections
148.65 to
148.78 as specified in
section
148.76, it shall not be necessary to allege or prove want of a valid license as a physical
therapist, but shall be a matter of defense to be established by the accused.
History: 1951 c 749 s 14; 1980 c 412 s 13; 1999 c 245 art 9 s 62
ATHLETIC TRAINERS
148.7802 DEFINITIONS.
Subdivision 1.
Applicability. The definitions in this section apply to this chapter.
Subd. 2.
Approved continuing education program. "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.
Subd. 3.
Approved education program. "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 the National Athletic Trainers
Association Professional Education Committee, the National Athletic Trainers Association Board
of Certification, or the Joint Review Committee on Educational Programs in Athletic Training
in collaboration with the American Academy of Family Physicians, the American Academy of
Pediatrics, the American Medical Association, and the National Athletic Trainers Association.
Subd. 4.
Athlete. "Athlete" means a person participating in exercises, sports, games, or
recreation requiring physical strength, agility, flexibility, range of motion, speed, or stamina.
Subd. 5.
Athletic injury. "Athletic injury" means an injury sustained by a person as a result
of the person's participation in exercises, sports, games, or recreation requiring physical strength,
agility, flexibility, range of motion, speed, or stamina.
Subd. 6.
Athletic trainer. "Athletic trainer" means a person who engages in athletic training
under section
148.7806 and is registered under section
148.7808.
Subd. 7.
Board. "Board" means the Board of Medical Practice.
Subd. 8.
Credential. "Credential" means a license, permit, certification, registration, or
other evidence of qualification or authorization to practice as an athletic trainer in this state or
any other state.
Subd. 9.
Credentialing examination. "Credentialing examination" means an examination
administered by the National Athletic Trainers Association Board of Certification for credentialing
as an athletic trainer, or an examination for credentialing offered by a national testing service that
is approved by the board.
Subd. 10.
Primary employment site. "Primary employment site" means the institution,
organization, corporation, or sports team where the athletic trainer is employed for the practice
of athletic training.
Subd. 11.
Primary physician. "Primary physician" means a licensed medical physician who
serves as a medical consultant to an athletic trainer.
History: 1993 c 232 s 3
148.7803 DESIGNATION OF ATHLETIC TRAINER.
Subdivision 1.
Designation. 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; 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 a "student athletic trainer."
Subd. 2.
Penalty. A person who violates this section is guilty of a misdemeanor and subject
to section
214.11.
History: 1993 c 232 s 4
148.7804 POWERS OF THE BOARD.
The board, acting under the advice of the Athletic Trainers Advisory Council, shall issue all
registrations and shall exercise the following powers and duties:
(1) adopt rules necessary to implement sections
148.7801 to
148.7815;
(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.
History: 1993 c 232 s 5
148.7805 ATHLETIC TRAINERS ADVISORY COUNCIL.
Subdivision 1.
Creation; membership. 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, except for initial appointees, 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.
Subd. 2.
Administration. The advisory council is established and administered under section
15.059. Notwithstanding section
15.059, subdivision 5, the council shall not expire.
Subd. 3.
Duties. The advisory council shall:
(1) advise the board regarding standards for athletic trainers;
(2) distribute information regarding athletic trainer standards;
(3) advise the board on enforcement of sections
148.7801 to
148.7815;
(4) review registration and registration renewal applications and make recommendations to
the board;
(5) review complaints in accordance with sections
214.10 and
214.13, subdivision 6;
(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.
History: 1993 c 232 s 6; 2000 c 260 s 25
148.7806 ATHLETIC TRAINING.
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.
History: 1993 c 232 s 7
148.7807 LIMITATIONS ON PRACTICE.
If an athletic trainer determines that a patient's medical condition is beyond the scope of
practice of that athletic trainer, the athletic trainer must refer the patient to 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 and in accordance with established
evaluation and treatment protocols. An athletic trainer shall modify or terminate treatment of a
patient that is not beneficial to the patient, or that is not tolerated by the patient.
History: 1993 c 232 s 8
148.7808 REGISTRATION; REQUIREMENTS.
Subdivision 1.
Registration. 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 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
within one year of the application for registration;
(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.
Subd. 2.
Registration by equivalency. The board may register by equivalency an applicant
who:
(1) submits the application materials and fees required under subdivision 1, clauses (1)
to (8) and (10) to (12); and
(2) provides evidence satisfactory to the board of current certification by the National
Athletic Trainers Association Board of Certification.
Applicants who were certified by the National Athletic Trainers Association through the
"grandfather" process prior to 1971 are exempt from completing subdivision 1, clauses (2) and (9).
Subd. 3.
Registration by reciprocity. (a) The board may register by reciprocity an applicant
who:
(1) submits the application materials and fees required under subdivision 1, clauses (1) to
(8) and (10) to (12);
(2) provides a verified copy of a current and unrestricted credential for the practice of athletic
training in another jurisdiction that has credentialing requirements equivalent to or more stringent
than the requirements under subdivision 1; and
(3) provides letters of verification from the credentialing body in each jurisdiction in which
the applicant holds a credential. Each letter must include the applicant's name, date of birth,
credential number, date of issuance of the credential, a statement regarding disciplinary actions
taken against the applicant, and the terms under which the credential was issued.
(b) An applicant for registration by reciprocity who has applied for registration under
subdivision 1 and meets the requirements of paragraph (a), clause (1), may apply to the board for
temporary registration under subdivision 4.
Subd. 4.
Temporary registration. (a) The board may issue a temporary registration as
an athletic trainer to qualified applicants. A temporary registration is issued for one year. An
athletic trainer with a temporary registration may qualify for full registration after submission of
verified documentation that the athletic trainer has achieved a qualifying score on a credentialing
examination within one year after the date of the temporary registration. Temporary registration
may not be renewed.
(b) Except as provided in subdivision 3, paragraph (a), clause (1), an applicant for temporary
registration must submit the application materials and fees for registration required under
subdivision 1, clauses (1) to (8) and (10) to (12).
(c) An athletic trainer with a temporary registration shall work only under the direct
supervision of an athletic trainer registered under this section. No more than four athletic trainers
with temporary registrations shall work under the direction of a registered athletic trainer.
Subd. 5.
Temporary permit. The board may issue a temporary permit to practice as an
athletic trainer to an applicant eligible for registration under this section if the application
for registration is complete, all applicable requirements in this section have been met, and a
nonrefundable fee set by the board has been paid. The permit remains valid only until the meeting
of the board at which a decision is made on the athletic trainer's application for registration.
History: 1993 c 232 s 9; 1999 c 33 s 7,8
148.7809 REGISTRATION RENEWAL.
Subdivision 1.
Requirements for registration renewal. 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.
Subd. 2.
Registration renewal notice. 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.
Subd. 3.
Renewal deadline. (a) An application for renewal of registration must be
postmarked on or before July 1 of each year. If the postmark is illegible, the application is
considered timely if received in the board office by the third working day after July 1.
(b) An application for renewal of registration submitted after the deadline date must include
a late fee under section
148.7815.
Subd. 4.
Lapse of registration status. (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.
History: 1993 c 232 s 10; 2001 c 31 s 2
148.7810 BOARD ACTION ON APPLICATIONS.
Subdivision 1.
Verification of application information. 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.
Subd. 2.
Notification of board action. Within 120 days of receipt of the application, the
board shall notify each applicant in writing of the action taken on the application.
Subd. 3.
Request for hearing by applicant denied registration. 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.
History: 1993 c 232 s 11
148.7811 CHANGE OF ADDRESS.
A registered athletic trainer must notify the board, in writing, within 30 days of a change
of address.
History: 1993 c 232 s 12
148.7812 CONTINUING EDUCATION REQUIREMENTS.
Subdivision 1.
Number of contact hours required. 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.
Subd. 2.
Approved programs. The board shall approve a continuing education program that
has been approved for continuing education credit by the National Athletic Trainers Association
Board of Certification.
Subd. 3.
Approval of continuing education programs. A continuing education program
that has not been approved under subdivision 2 shall be approved by the board if:
(1) the program content directly relates to the practice of athletic training or sports medicine;
(2) each member of the program faculty shows expertise in the subject matter by holding a
degree from an accredited education program, having verifiable experience in the field of athletic
training or sports medicine, having special training in the subject area, or having experience
teaching in the subject area;
(3) the program lasts at least one contact hour;
(4) there are specific written objectives describing the goals of the program for the
participants; and
(5) the program sponsor maintains attendance records for four years.
Subd. 4.
Verification of continuing education credits. 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.
Subd. 5.
Restriction on continuing education topics. To meet the continuing education
requirement in subdivision 1, an athletic trainer may have no more than ten hours of continuing
education in the areas of management, risk management, personal growth, and educational
techniques in a three-year reporting period.
History: 1993 c 232 s 13
148.7813 DISCIPLINARY PROCESS.
Subdivision 1.
Investigation of complaints. Upon receipt of a complaint or other
communication pursuant to section
214.13, subdivision 6, that alleges or implies a violation of
sections
148.7801 to
148.7815 by an applicant or registered athletic trainer, the board shall follow
the procedures in section
214.10.
Subd. 2.
Grounds for disciplinary action. The board may impose disciplinary action as
described in subdivision 3 against an athletic trainer whom the board, after a hearing under the
contested case provisions of chapter 14, determines:
(1) has knowingly made a false statement on a form required by the board for registration or
registration renewal;
(2) has provided athletic training services in a manner that falls below the standard of care of
the profession;
(3) has violated sections
148.7801 to
148.7815 or the rules adopted under these sections;
(4) is or has been afflicted with any physical, mental, emotional, or other disability, or
addiction that, in the opinion of the board, adversely affects the person's ability to practice
athletic training;
(5) has failed to cooperate with an investigation by the board;
(6) has been convicted or has pled guilty or nolo contendere to an offense that in the opinion
of the board reasonably relates to the practice of athletic training or that bears on the athletic
trainer's ability to practice athletic training;
(7) has aided and abetted in any manner a person in violating sections
148.7801 to
148.7815;
(8) has been disciplined by an agency or board of another state while in the practice of
athletic training;
(9) has shown dishonest, unethical, or unprofessional conduct while in the practice of athletic
training that is likely to deceive, defraud, or harm the public;
(10) has violated a state or federal law, rule, or regulation that in the opinion of the board
reasonably relates to the practice of athletic training;
(11) has behaved in a sexual manner or what may reasonably be interpreted by a patient as
sexual, or was verbally seductive or sexually demeaning to a patient;
(12) has misused alcohol, drugs, or controlled substances; or
(13) has violated an order issued by the board.
Subd. 3.
Disciplinary actions. When grounds for disciplinary action exist under subdivision
2, the board may take one or more of the following actions:
(1) deny the right to practice;
(2) revoke the right to practice;
(3) suspend the right to practice;
(4) impose limitations on the practice of the athletic trainer;
(5) impose conditions on the practice of the athletic trainer;
(6) 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 athletic trainer of any economic advantage gained
by reason of the violation charged, or to discourage repeated violations;
(7) censure or reprimand the athletic trainer; or
(8) take any other action justified by the facts of the case.
Subd. 4.
Reinstatement. An athletic trainer who has had registration revoked cannot apply
for reinstatement. A suspended athletic trainer shall be reinstated upon evidence satisfactory to
the board of fulfillment of the terms of suspension. All requirements of section
148.7809 to renew
registration, if applicable, must also be met before reinstatement.
History: 1993 c 232 s 14
148.7814 APPLICABILITY.
Sections
148.7801 to
148.7815 do not apply to persons who are certified as athletic trainers
by the National Athletic Trainers Association Board of Certification and come into Minnesota for
a specific athletic event or series of athletic events with an individual or group.
History: 1993 c 232 s 15
148.7815 FEES.
Subdivision 1.
Fees. 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.
Subd. 2.
Proration of fees. The board may prorate the initial annual fee for registration
under section
148.7808. Athletic trainers registered under section
148.7808 are required to pay
the full fee upon registration renewal.
Subd. 3.
Penalty for a late application for registration renewal. The penalty for late
submission of a registration renewal application under section
148.7809 is $15.
Subd. 4.
Nonrefundable fees. The fees in this section are nonrefundable.
History: 1993 c 232 s 16; 1999 c 33 s 9,10
PSYCHOLOGISTS
148.881 DECLARATION OF POLICY.
The practice of psychology in Minnesota affects the public health, safety, and welfare.
The regulations in sections
148.88 to
148.98 protect the public from the practice of psychology
by unqualified persons and from unethical or unprofessional conduct by persons licensed to
practice psychology.
History: 1991 c 255 s 4; 1996 c 424 s 3
148.89 DEFINITIONS.
Subdivision 1.
Applicability. For the purposes of sections
148.88 to
148.98, the following
terms have the meanings given them.
Subd. 2.
Board of Psychology or board. "Board of Psychology" or "board" means the board
established under section
148.90.
Subd. 2a.
Client. "Client" means each individual or legal, religious, academic, organizational,
business, governmental, or other entity that receives, received, or should have received, or
arranged for another individual or entity to receive services from an individual regulated under
sections
148.88 to
148.98. Client also means an individual's legally authorized representative,
such as a parent or guardian. For the purposes of sections
148.88 to
148.98, "client" may include
patient, resident, counselee, evaluatee, and, as limited in the rules of conduct, student, supervisee,
or research subject. In the case of dual clients, the licensee or applicant for licensure must be aware
of the responsibilities to each client, and of the potential for divergent interests of each client.
Subd. 2b.
Credentialed. "Credentialed" means having a license, certificate, charter,
registration, or similar authority to practice in an occupation regulated by a governmental board
or agency.
Subd. 2c.
Designated supervisor. "Designated supervisor" means a qualified individual
who is designated by the primary supervisor to provide additional supervision and training to
a licensed psychological practitioner or to an individual who is obtaining required predegree
supervised professional experience or postdegree supervised employment.
Subd. 3.
Independent practice. "Independent practice" means the practice of psychology
without supervision.
Subd. 4.
Licensee. "Licensee" means a person who is licensed by the board as a licensed
psychologist or as a licensed psychological practitioner.
Subd. 4a.
Provider. "Provider" or "provider of services" means any individual who is
regulated by the board, and includes a licensed psychologist, a licensed psychological practitioner,
a licensee, or an applicant.
Subd. 4b.
Primary supervisor. "Primary supervisor" means a psychologist licensed in
Minnesota or other qualified individual who provides the principal supervision to a licensed
psychological practitioner or to an individual who is obtaining required predegree supervised
professional experience or postdegree supervised employment.
Subd. 5.
Practice of psychology. "Practice of psychology" means the observation,
description, evaluation, interpretation, or modification of human behavior by the application of
psychological principles, methods, or procedures for any reason, including to prevent, eliminate,
or manage symptomatic, maladaptive, or undesired behavior and to enhance interpersonal
relationships, work, life and developmental adjustment, personal and organizational effectiveness,
behavioral health, and mental health. The practice of psychology includes, but is not limited to,
the following services, regardless of whether the provider receives payment for the services:
(1) psychological research and teaching of psychology;
(2) assessment, including psychological testing and other means of evaluating
personal characteristics such as intelligence, personality, abilities, interests, aptitudes, and
neuropsychological functioning;
(3) a psychological report, whether written or oral, including testimony of a provider as an
expert witness, concerning the characteristics of an individual or entity;
(4) psychotherapy, including but not limited to, categories such as behavioral, cognitive,
emotive, systems, psychophysiological, or insight-oriented therapies; counseling; hypnosis; and
diagnosis and treatment of:
(i) mental and emotional disorder or disability;
(ii) alcohol and substance dependence or abuse;
(iii) disorders of habit or conduct;
(iv) the psychological aspects of physical illness or condition, accident, injury, or disability;
(v) life adjustment issues, including work-related and bereavement issues; and
(vi) child, family, or relationship issues;
(5) psychoeducational services and treatment; and
(6) consultation and supervision.
Subd. 6.[Repealed,
1996 c 424 s 24]
Subd. 7.[Repealed,
1996 c 424 s 24]
Subd. 8.[Repealed,
1996 c 424 s 24]
History: 1973 c 685 s 2; 1991 c 255 s 5; 1993 c 206 s 13; 1996 c 424 s 4,5; 1999 c 109
s 1-4; 2000 c 363 s 1-3; 2003 c 122 s 2; 2005 c 147 art 3 s 1
148.90 BOARD OF PSYCHOLOGY.
Subdivision 1.
Board of Psychology. (a) The Board of Psychology is created with the
powers and duties described in this section. The board has 11 members who consist of:
(1) three individuals licensed as licensed psychologists who have doctoral degrees in
psychology;
(2) two individuals licensed as licensed psychologists who have master's degrees in
psychology;
(3) two psychologists, not necessarily licensed, one with a doctoral degree in psychology
who represents a doctoral training program in psychology, and one who represents a master's
degree training program in psychology;
(4) one individual licensed or qualified to be licensed as: (i) through December 31, 2010, a
licensed psychological practitioner; and (ii) after December 31, 2010, a licensed psychologist; and
(5) three public members.
(b) After the date on which fewer than 30 percent of the individuals licensed by the board
as licensed psychologists qualify for licensure under section
148.907, subdivision 3, paragraph
(b), vacancies filled under paragraph (a), clause (2), shall be filled by an individual with either
a master's or doctoral degree in psychology licensed or qualified to be licensed as a licensed
psychologist.
(c) After the date on which fewer than 15 percent of the individuals licensed by the board as
licensed psychologists qualify for licensure under section
148.907, subdivision 3, paragraph (b),
vacancies under paragraph (a), clause (2), shall be filled by an individual with either a master's or
doctoral degree in psychology licensed or qualified to be licensed as a licensed psychologist.
Subd. 2.
Members. (a) The members of the board shall:
(1) be appointed by the governor;
(2) be residents of the state;
(3) serve for not more than two consecutive terms;
(4) designate the officers of the board; and
(5) administer oaths pertaining to the business of the board.
(b) A public member of the board shall represent the public interest and shall not:
(1) be a psychologist, psychological practitioner, or have engaged in the practice of
psychology;
(2) be an applicant or former applicant for licensure;
(3) be a member of another health profession;
(4) be a member of a household that includes a psychologist or psychological practitioner; or
(5) have conflicts of interest or the appearance of conflicts with duties as a board member.
Subd. 3.
Terms; compensation; removal of members. Membership terms, compensation of
members, removal of members, the filling of membership vacancies, and fiscal year and reporting
requirements shall be as provided in chapter 214. The provision of staff, administrative services
and office space; the review and processing of complaints; the setting of board fees; and other
activities relating to board operations shall be conducted according to chapter 214.
Subd. 4.[Repealed,
1975 c 136 s 77]
Subd. 5.[Repealed,
1975 c 136 s 77]
History: 1973 c 685 s 3; 1975 c 136 s 22,23; 1975 c 271 s 6; 1976 c 222 s 67; 1982 c 424 s
130; 1991 c 199 art 1 s 43; 1991 c 255 s 6; 1996 c 424 s 6,7; 2005 c 147 art 3 s 2
148.905 DUTIES OF THE BOARD.
Subdivision 1.
General. The board shall:
(1) adopt and enforce rules for licensing psychologists and psychological practitioners
and for regulating their professional conduct;
(2) adopt and enforce rules of conduct governing the practice of psychology;
(3) adopt and implement rules for examinations which shall be held at least once a year to
assess applicants' knowledge and skills. The examinations may be written or oral or both, and
may be administered by the board or by institutions or individuals designated by the board;
(4) issue licenses to individuals qualified under sections
148.907 and
148.908, according to
the procedures for licensing in Minnesota Rules;
(5) issue copies of the rules for licensing to all applicants;
(6) establish and maintain annually a register of current licenses;
(7) establish and collect fees for the issuance and renewal of licenses and other services
by the board. Fees shall be set to defray the cost of administering the provisions of sections
148.88 to
148.98 including costs for applications, examinations, enforcement, materials, and
the operations of the board;
(8) educate the public about the requirements for licensing of psychologists and of
psychological practitioners and about the rules of conduct, to enable the public to file complaints
against applicants or licensees who may have violated the Psychology Practice Act; and
(9) adopt and implement requirements for continuing education and establish or approve
programs that qualify for professional psychology continuing educational credit. The board may
hire consultants, agencies, or professional psychological associations to establish and approve
continuing education courses.
Subd. 2.
Additional powers. The board may adopt rules necessary to define standards or
to carry out the provisions of sections
148.88 to
148.98. Rules shall be adopted according to
chapter 14.
History: 1991 c 255 s 7; 1993 c 206 s 14; 1996 c 424 s 8
148.906 LEVELS OF PRACTICE.
The board may grant licenses for levels of psychological practice to be known as (1) licensed
psychologist and (2) licensed psychological practitioner.
History: 1996 c 424 s 9
148.907 LICENSED PSYCHOLOGIST.
Subdivision 1.
Effective date. After August 1, 1991, no person shall engage in the
independent practice of psychology unless that person is licensed as a licensed psychologist.
Subd. 2.
Requirements for licensure as a licensed psychologist. To become licensed by the
board as a licensed psychologist, an applicant shall comply with the following requirements:
(1) pass an examination in psychology;
(2) pass a professional responsibility examination on the practice of psychology;
(3) pass any other examinations as required by board rules;
(4) pay nonrefundable fees to the board for applications, processing, testing, renewals,
and materials;
(5) have attained the age of majority, be of good moral character, and have no unresolved
disciplinary action or complaints pending in the state of Minnesota or any other jurisdiction;
(6) have earned a doctoral degree with a major in psychology from a regionally accredited
educational institution meeting the standards the board has established by rule; and
(7) have completed at least one full year or the equivalent in part time of postdoctoral
supervised psychological employment.
Subd. 3.
Master's level licensure as a licensed psychologist after August 1, 1991. (a) A
person licensed in this state as a licensed consulting psychologist or a licensed psychologist before
August 1, 1991, qualifies for licensure as a licensed psychologist, as described in subdivision 2, at
the time of license renewal.
(b) Providing all other licensure requirements have been satisfactorily met, the board shall
grant licensure as a licensed psychologist to a person who:
(1) before November 1, 1991, entered a graduate program at a regionally accredited
educational institution granting a master's or doctoral degree with a major in psychology which
meets the standards the board has established by rule;
(2) before December 31, 1997, earned a master's degree or a master's equivalent in a doctoral
program at a regionally accredited educational institution and complied with requirements of
subdivision 2, clauses (1) to (5), except that the nonrefundable fees for licensure are payable at
the time an application for licensure is submitted; and
(3) before December 31, 1998, completed at least one full year or the equivalent in part time
of post-master's supervised psychological employment.
(c) Notwithstanding paragraph (b), the board shall not grant licensure as a licensed
psychologist under this subdivision unless the applicant demonstrates that the applicant was a
resident of Minnesota on October 31, 1992, and meets all the requirements for licensure under
this subdivision.
Subd. 4.
Converting from master's to doctoral level licensure. To convert from licensure
as a licensed psychologist at the master's or master's equivalent level to licensure at the doctoral
level, a licensed psychologist shall have:
(1) completed an application provided by the board;
(2) had an official transcript documenting the conferral of the doctoral degree sent directly
from the educational institution to the board;
(3) paid a nonrefundable fee;
(4) successfully completed one full year or the equivalent in part time of supervised
psychological employment, which shall not include a predoctoral internship, after earning a
master's degree or a master's equivalent in a doctoral program;
(5) successfully completed a predoctoral internship meeting the standards the board has
established by rule; and
(6) earned a doctoral degree with a major in psychology from a regionally accredited
educational institution meeting the standards the board has established by rule.
Subd. 5.
Converting from licensed psychological practitioner to licensed psychologist.
Notwithstanding subdivision 3, to convert from licensure as a licensed psychological practitioner
to licensure as a licensed psychologist, a licensed psychological practitioner shall have:
(1) completed an application provided by the board for conversion from licensure as a
licensed psychological practitioner to licensure as a licensed psychologist;
(2) paid a nonrefundable fee of $500;
(3) documented successful completion of two full years, or the equivalent, of supervised
postlicensure employment meeting the requirements of section
148.925, subdivision 5, as it
relates to preparation for licensure as a licensed psychologist as follows:
(i) for individuals licensed as licensed psychological practitioners on or before December 31,
2006, the supervised practice must be completed by December 31, 2010; and
(ii) for individuals licensed as licensed psychological practitioners after December 31, 2006,
the supervised practice must be completed within four years from the date of licensure; and
(4) no unresolved disciplinary action or complaints pending, or incomplete disciplinary
orders or corrective action agreements in Minnesota or any other jurisdiction.
History: 1996 c 424 s 10; 1997 c 102 s 1-3; 1997 c 134 s 1,2; 2005 c 147 art 3 s 3
148.908 LICENSED PSYCHOLOGICAL PRACTITIONER.
Subdivision 1.
Scope of practice. A licensed psychological practitioner shall practice only
under supervision that satisfies the requirements of section
148.925 and while employed by either
a licensed psychologist or a health care or social service agency which employs or contracts with
a supervising licensed psychologist who shares clinical responsibility for the care provided by the
licensed psychological practitioner.
Subd. 2.
Requirements for licensure as a licensed psychological practitioner. To become
licensed by the board as a licensed psychological practitioner, an applicant shall comply with
the following requirements:
(1) have earned a doctoral or master's degree or the equivalent of a master's degree in a
doctoral program with a major in psychology from a regionally accredited educational institution
meeting the standards the board has established by rule. The degree requirements must be
completed by December 31, 2005;
(2) complete an application for admission to the examination for professional practice in
psychology and pay the nonrefundable application fee by December 31, 2005;
(3) complete an application for admission to the professional responsibility examination and
pay the nonrefundable application fee by December 31, 2005;
(4) pass the examination for professional practice in psychology by December 31, 2006;
(5) pass the professional responsibility examination by December 31, 2006;
(6) complete an application for licensure as a licensed psychological practitioner and pay the
nonrefundable application fee by March 1, 2007; and
(7) have attained the age of majority, be of good moral character, and have no unresolved
disciplinary action or complaints pending in the state of Minnesota or any other jurisdiction.
Subd. 3.
Termination of licensure. Effective December 31, 2011, the licensure of all
licensed psychological practitioners shall be terminated without further notice and licensure as a
licensed psychological practitioner in Minnesota shall be eliminated.
History: 1996 c 424 s 11; 1997 c 134 s 3; 2005 c 147 art 3 s 4,5
148.909 LICENSURE FOR VOLUNTEER PRACTICE.
The board, at its discretion, may grant licensure for volunteer practice to an applicant who:
(1) is completely retired from the practice of psychology;
(2) has no unresolved disciplinary action or complaints pending in the state of Minnesota or
any other jurisdiction; and
(3) has held a license, certificate, or registration to practice psychology in any jurisdiction.
History: 1997 c 102 s 4; 2005 c 147 art 3 s 6
148.9105 EMERITUS REGISTRATION.
Subdivision 1.
Application. Retired providers who are licensed or were formerly licensed to
practice psychology in the state according to the Minnesota Psychology Practice Act may apply to
the board for psychologist emeritus registration or psychological practitioner emeritus registration
if they declare that they are retired from the practice of psychology in Minnesota, have not been
the subject of disciplinary action in any jurisdiction, and have no unresolved complaints in any
jurisdiction. Retired providers shall complete the necessary forms provided by the board and pay
a onetime, nonrefundable fee of $150 at the time of application.
Subd. 2.
Status of registrant. Emeritus registration is not a license to provide psychological
services as defined in the Minnesota Psychology Practice Act. The registrant shall not engage in
the practice of psychology.
Subd. 3.
Change to active status. Emeritus registrants who request a change to active
licensure status shall meet the requirements for relicensure following termination in the Minnesota
Psychology Practice Act. Master's level emeritus registrants who request licensure at the doctoral
level shall comply with current licensure requirements.
Subd. 4.
Documentation of status. A provider granted emeritus registration shall receive a
document certifying that emeritus status has been granted by the board and that the registrant has
completed the registrant's active career as a psychologist or psychological practitioner licensed in
good standing with the board.
Subd. 5.
Representation to public. In addition to the descriptions allowed in section
148.96,
subdivision 3
, paragraph (e), former licensees who have been granted emeritus registration may
represent themselves as "psychologist emeritus" or "psychological practitioner emeritus," but
shall not represent themselves or allow themselves to be represented to the public as "licensed" or
otherwise as current licensees of the board.
Subd. 6.
Continuing education requirements. The continuing education requirements of
the Minnesota Psychology Practice Act do not apply to emeritus registrants.
Subd. 7.
Renewal or special fees. An emeritus registrant is not subject to license renewal
or special fees.
History: 2003 c 122 s 3
148.911 CONTINUING EDUCATION.
Upon application for license renewal, a licensee shall provide the board with satisfactory
evidence that the licensee has completed continuing education requirements established by the
board. Continuing education programs shall be approved under section
148.905, subdivision 1,
clause (9). The board shall establish by rule the number of continuing education training hours
required each year and may specify subject or skills areas that the licensee shall address.
History: 1991 c 255 s 9; 1996 c 424 s 12
148.915 RECIPROCITY.
The board may grant a license to a diplomate of the American Board of Professional
Psychology or to any person who at the time of application is licensed, certified, or registered
to practice psychology by a board of another state and who meets the licensure requirements
under section
148.907, subdivision 2. The board, at its discretion, may elect not to require the
examination in psychology under section
148.907, subdivision 2, clause (1), if the person was
licensed in another state before the examination was required for licensure in that state. An
applicant seeking licensure under this section shall pass a professional responsibility examination
on the practice of psychology and any other examinations as required by the board.
History: 1996 c 424 s 13; 1999 c 109 s 5
148.916 GUEST LICENSURE.
Subdivision 1.
Generally. If a nonresident of the state of Minnesota, who is not seeking
licensure in this state, and who has been issued a license, certificate, or registration by another
jurisdiction to practice psychology at the doctoral level, wishes to practice in Minnesota for more
than seven calendar days, the person shall apply to the board for guest licensure, provided that
the psychologist's practice in Minnesota is limited to no more than 30 days per calendar year.
Application under this section shall be made no less than 30 days prior to the expected date of
practice in Minnesota and shall be subject to approval by the board or its designee. The board
shall charge a nonrefundable fee for guest licensure. The board shall adopt rules to implement
this section.
Subd. 2.
Psychological consultations. Notwithstanding subdivision 1, a nonresident of the
state of Minnesota, who is not seeking licensure in this state, may serve as an expert witness,
organizational consultant, presenter, or educator without obtaining guest licensure, provided the
person is appropriately trained, educated, or has been issued a license, certificate, or registration
by another jurisdiction.
Subd. 3.
Disaster or emergency relief workers. The requirements of subdivision 1 do
not apply to psychologists sent to this state for the sole purpose of responding to a disaster or
emergency relief effort of this state government, the federal government, the American Red Cross,
or other disaster or emergency relief organization as long as the psychologist is not practicing
in Minnesota for longer than 30 days and the American Red Cross, disaster or emergency relief
organization, or government can certify the psychologist's assignment in this state. The board or its
designee, at its discretion, may grant an extension to the 30-day time limitation of this subdivision.
Subd. 4.
Prohibitions and sanctions. A person's privilege to practice under this section is
subject to the prohibitions and sanctions for unprofessional or unethical conduct contained in
Minnesota laws and rules.
History: 1996 c 424 s 14; 2005 c 147 art 3 s 7
148.925 SUPERVISION.
Subdivision 1.
Supervision. For the purpose of meeting the requirements of this section,
supervision means documented in-person consultation, which may include interactive, visual
electronic communication, between either: (1) a primary supervisor and a licensed psychological
practitioner; or (2) a primary or designated supervisor and an applicant for licensure as a licensed
psychologist. The supervision shall be adequate to assure the quality and competence of the
activities supervised. Supervisory consultation shall include discussions on the nature and content
of the practice of the supervisee, including, but not limited to, a review of a representative sample
of psychological services in the supervisee's practice.
Subd. 2.
Postdegree supervised employment. Postdegree supervised employment means
required paid or volunteer work experience and postdegree training of an individual seeking to
be licensed as a licensed psychologist that involves the professional oversight by a primary
supervisor and satisfies the supervision requirements in subdivisions 3 and 5.
Subd. 3.
Individuals qualified to provide supervision. (a) Supervision of a master's level
applicant for licensure as a licensed psychologist shall be provided by an individual:
(1) who is a psychologist licensed in Minnesota with competence both in supervision in the
practice of psychology and in the activities being supervised;
(2) who has a doctoral degree with a major in psychology, who is employed by a regionally
accredited educational institution or employed by a federal, state, county, or local government
institution, agency, or research facility, and who has competence both in supervision in the
practice of psychology and in the activities being supervised, provided the supervision is being
provided and the activities being supervised occur within that regionally accredited educational
institution or federal, state, county, or local government institution, agency, or research facility;
(3) who is licensed or certified as a psychologist in another jurisdiction and who has
competence both in supervision in the practice of psychology and in the activities being
supervised; or
(4) who, in the case of a designated supervisor, is a master's or doctorally prepared mental
health professional.
(b) Supervision of a doctoral level applicant for licensure as a licensed psychologist shall be
provided by an individual:
(1) who is a psychologist licensed in Minnesota with a doctoral degree and competence both
in supervision in the practice of psychology and in the activities being supervised;
(2) who has a doctoral degree with a major in psychology, who is employed by a regionally
accredited educational institution or is employed by a federal, state, county, or local government
institution, agency, or research facility, and who has competence both in supervision in the
practice of psychology and in the activities being supervised, provided the supervision is being
provided and the activities being supervised occur within that regionally accredited educational
institution or federal, state, county, or local government institution, agency, or research facility;
(3) who is licensed or certified as a psychologist in another jurisdiction and who has
competence both in supervision in the practice of psychology and in the activities being
supervised;
(4) who is a psychologist licensed in Minnesota who was licensed before August 1, 1991,
with competence both in supervision in the practice of psychology and in the activities being
supervised; or
(5) who, in the case of a designated supervisor, is a master's or doctorally prepared mental
health professional.
Subd. 4.
Supervisory consultation for a licensed psychological practitioner. Supervisory
consultation between a supervising licensed psychologist and a supervised licensed psychological
practitioner shall be at least one hour in duration and shall occur on an individual, in-person basis.
A minimum of one hour of supervision per month is required for the initial 20 or fewer hours
of psychological services delivered per month. For each additional 20 hours of psychological
services delivered per month, an additional hour of supervision per month is required. When
more than 20 hours of psychological services are provided in a week, no more than one hour of
supervision is required per week.
Subd. 5.
Supervisory consultation for an applicant for licensure as a licensed
psychologist. 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.
Subd. 6.
Supervisee duties. Individuals preparing for licensure as a licensed psychologist
during their postdegree supervised employment may perform as part of their training any
functions specified in section
148.89, subdivision 5, but only under qualified supervision.
Subd. 7.
Variance from supervision requirements. (a) An applicant for licensure as a
licensed psychologist who entered supervised employment before August 1, 1991, may request a
variance from the board from the supervision requirements in this section in order to continue
supervision under the board rules in effect before August 1, 1991.
(b) After a licensed psychological practitioner has completed two full years, or the
equivalent, of supervised post-master's degree employment meeting the requirements of
subdivision 5 as it relates to preparation for licensure as a licensed psychologist, the board
shall grant a variance from the supervision requirements of subdivision 4 or 5 if the licensed
psychological practitioner presents evidence of:
(1) endorsement for specific areas of competency by the licensed psychologist who provided
the two years of supervision;
(2) employment by a hospital or by a community mental health center or nonprofit mental
health clinic or social service agency providing services as a part of the mental health service plan
required by the Comprehensive Mental Health Act;
(3) the employer's acceptance of clinical responsibility for the care provided by the licensed
psychological practitioner; and
(4) a plan for supervision that includes at least one hour of regularly scheduled individual
in-person consultations per week for full-time employment. 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.
(c) Following the granting of a variance under paragraph (b), and completion of two
additional full years or the equivalent of supervision and post-master's degree employment
meeting the requirements of paragraph (b), the board shall grant a variance to a licensed
psychological practitioner who presents evidence of:
(1) endorsement for specific areas of competency by the licensed psychologist who provided
the two years of supervision under paragraph (b);
(2) employment by a hospital or by a community mental health center or nonprofit mental
health clinic or social service agency providing services as a part of the mental health service plan
required by the Comprehensive Mental Health Act;
(3) the employer's acceptance of clinical responsibility for the care provided by the licensed
psychological practitioner; and
(4) a plan for supervision which includes at least one hour of regularly scheduled individual
in-person supervision per month.
(d) The variance allowed under this section must be deemed to have been granted to an
individual who previously received a variance under paragraph (b) or (c) and is seeking a new
variance because of a change of employment to a different employer or employment setting. The
deemed variance continues until the board either grants or denies the variance. An individual who
has been denied a variance under this section is entitled to seek reconsideration by the board.
History: 1991 c 255 s 11; 1992 c 513 art 6 s 31-33; 1993 c 206 s 17; 1996 c 424 s 15; 1997
c 134 s 4; 1999 c 109 s 6; 2000 c 363 s 4-8; 2003 c 122 s 4; 2005 c 147 art 3 s 8
148.941 DISCIPLINARY ACTION; INVESTIGATION; PENALTY FOR VIOLATION.
Subdivision 1.
Generally. Except as otherwise described in this section, all hearings shall be
conducted under chapter 14.
Subd. 2.
Grounds for disciplinary action; forms of disciplinary action. (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 psychology, that adversely affects the person's ability or fitness to
practice psychology;
(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 psychology;
(5) has employed fraud or deception in obtaining or renewing a license, in requesting
approval of continuing education activities, or in passing an examination;
(6) has had a license, certificate, charter, registration, privilege to take an examination, or
other similar authority denied, revoked, suspended, canceled, limited, reprimanded, or otherwise
disciplined, or not renewed for cause in any jurisdiction; or has surrendered or voluntarily
terminated a license or certificate during a board investigation of a complaint, as part of a
disciplinary order, or while under a disciplinary order;
(7) has been subject to a corrective action or similar action in another jurisdiction or by
another regulatory authority;
(8) 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 Psychology Practice Act;
(9) has failed to cooperate with an investigation of the board as required under subdivision 4;
(10) has demonstrated an inability to practice psychology with reasonable skill and safety to
clients due to any mental or physical illness or condition; or
(11) 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. This clause also does
not apply to the charging of a general membership fee by a licensee or applicant to health care
providers, as defined in section
144.335, for participation in a referral service, provided that the
licensee or applicant discloses in advance to each referred client the financial nature of the referral
arrangement. Fee splitting includes, but is not limited to:
(i) paying, offering to pay, receiving, or agreeing to receive a commission, rebate, or
remuneration, directly or indirectly, primarily for the referral of clients;
(ii) dividing client fees with another individual or entity, unless the division is in proportion
to the services provided and the responsibility assumed by each party;
(iii) referring an individual or entity to any health care provider, as defined in section
144.335, or for other professional or technical services in which the referring licensee or applicant
has a significant financial interest unless the licensee has disclosed the financial interest in
advance to the client; and
(iv) dispensing for profit or recommending any instrument, test, procedure, or device that for
commercial purposes the licensee or applicant has developed or distributed, unless the licensee or
applicant has disclosed any profit interest in advance to the client.
(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 psychology, 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 $7,500 for each separate violation. The amount of
the penalty shall be fixed so as to deprive the applicant or licensee of any economic advantage
gained by reason of the violation charged, to discourage repeated violations, or to recover the
board's costs that occur in bringing about a disciplinary order. For purposes of this clause, costs
are limited to legal, paralegal, and investigative charges billed to the board by the Attorney
General's Office, witness costs, consultant and expert witness fees, and charges attendant to the
use of an administrative law judge.
(c) In lieu of or in addition to paragraph (b), the board may require, as a condition of
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;
(2) complete to the satisfaction of the board educational courses specified by the board; and
(3) reimburse to the board all costs incurred by the board that are the result of a provider
failing, neglecting, or refusing to fully comply, or not complying in a timely manner, with any
part of the remedy section of a stipulation and consent order or the corrective action section of an
agreement for corrective action. For purposes of this clause, costs are limited to legal, paralegal,
and investigative charges billed to the board by the Attorney General's Office, witness costs,
consultant and expert witness fees, and charges attendant to the use of an administrative law judge.
(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.
Subd. 3.
Temporary suspension of license. (a) In addition to any other remedy provided
by law, the board may temporarily suspend the credentials of a licensee after conducting a
preliminary inquiry to determine if the board reasonably believes that the licensee has violated
a statute or rule that the board is empowered to enforce and continued practice by the licensee
would create an imminent risk of harm to others.
(b) The order may prohibit the licensee from engaging in the practice of psychology in whole
or in part and may condition the end of a suspension on the licensee's compliance with a statute,
rule, or order that the board has issued or is empowered to enforce.
(c) The order shall give notice of the right to a hearing pursuant to this subdivision and
shall state the reasons for the entry of the order.
(d) Service of the order is effective when the order is served on the licensee personally or by
certified mail which is complete upon receipt, refusal, or return for nondelivery to the most recent
address provided to the board for the licensee.
(e) At the time the board issues a temporary suspension order, the board shall schedule a
hearing to be held before its own members which shall begin no later than 60 days after issuance
of the temporary suspension order or within 15 working days of the date of the board's receipt
of a request for hearing by a licensee on the sole issue of whether there is a reasonable basis to
continue, modify, or lift the temporary suspension. This hearing is not subject to chapter 14.
Evidence presented by the board or the licensee shall be in affidavit form only. The licensee or
counsel of record may appear for oral argument.
(f) Within five working days of the hearing, the board shall issue its order and, if the
suspension is continued, schedule a contested case hearing within 30 days of the issuance of the
order. Notwithstanding chapter 14, the administrative law judge shall issue a report within 30
days after closing the contested case hearing record. The board shall issue a final order within 30
days of receipt of the administrative law judge's report.
Subd. 4.
Cooperation of applicants or licensees with investigations. (a) An applicant or
licensee of the board 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 records, as reasonably requested by the board to assist it in its
investigation, and appearing at conferences or hearings scheduled by the board or its staff.
(b) If the board does not have a written consent from a client permitting access to the
client's records, the licensee may delete any data in the record which identify the client before
providing it to the board. The board shall maintain any records obtained pursuant to this section
as investigative data pursuant to chapter 13.
Subd. 5.
Evidence of past sexual conduct. In a proceeding for the suspension or revocation
of a license or other disciplinary action for unethical or unprofessional conduct involving sexual
contact with a client or former client, the board or administrative law judge shall not consider
evidence of the client's previous sexual conduct nor shall any reference to this conduct be made
during the proceedings or in the findings, except by motion of the client, unless the evidence
would be admissible under applicable provisions of section
609.347, subdivision 3.
Subd. 6.
Violation. Persons who engage in the unlicensed practice of psychology or who
misrepresent themselves as psychologists or psychological practitioners are guilty of a gross
misdemeanor.
Subd. 7.
Limitation period. (a) For complaints against providers received by the board after
July 31, 2001, a board proceeding against a provider must not be instituted unless it is begun
within seven years from the date of some portion of the alleged misconduct that is complained of.
(b) The following are exceptions to the limitation period in paragraph (a):
(1) complaints alleging a violation of subdivision 2, paragraph (a), clauses (2), (4), (5),
and (6);
(2) complaints alleging sexual intercourse or other physical intimacies with a client, or any
verbal or physical behavior that is sexually seductive or sexually demeaning to the client; or
complaints alleging sexual intercourse or other physical intimacies with a former client, or any
verbal or physical behavior that is sexually demeaning to the former client, for a period of two
years following the date of the last professional contact with the former client, whether or not
the provider has formally terminated the professional relationship. Physical intimacies include
handling of the breasts, genital areas, buttocks, or thighs of either sex by either the provider or
the client.
(c) If a complaint is received by the board less than 12 months from the expiration of the
limitation period in paragraph (a), the limitation period is extended for a period of 12 months
from the date the complaint is received by the board.
(d) If alleged misconduct is complained of that involves a client who is a minor, the
limitation period in paragraph (a) does not begin until the minor reaches the age of 18.
(e) For purposes of this subdivision only, "proceeding" means the service of a notice of
conference, or in cases in which a notice of conference was not served, a notice of hearing.
Subd. 8.
Mental, physical, or chemical dependency examination or evaluation. (a) If
the board has probable cause to believe that an individual who is regulated by the board has
demonstrated an inability to practice psychology with reasonable skill and safety to clients due
to any mental or physical illness or condition, the board may direct the individual to submit to
an independent mental, physical, or chemical dependency examination or evaluation. For the
purpose of this subdivision, an individual regulated by the board is deemed to have consented to
submit to the examination or evaluation when directed to do so by written notice by the board and
to have waived all objections to the admissibility of the examiner's or evaluator's testimony or
reports on the grounds that the same constitutes a privileged communication. Failure to submit
to an examination or evaluation without just cause, as determined by the board, shall authorize
the board to consider the allegations as true for the purposes of further action by the board. Such
action may include an application being denied, a license being suspended, or a default and
final order being entered without the taking of testimony or presentation of evidence, other than
evidence that may be submitted by affidavit that explains why the individual did not submit to the
examination or evaluation.
(b) An individual regulated by the board who is affected under this subdivision shall, at
reasonable intervals, be given an opportunity to demonstrate that the individual is fit to resume the
competent practice of psychology with reasonable skill and safety to the public.
(c) In a proceeding under this subdivision, neither the record of the proceedings nor the
orders entered by the board is admissible, is subject to subpoena, or may be used against the
individual regulated by the board in any proceeding not commenced by the board.
(d) Information obtained under this subdivision is classified as private under section
13.02,
subdivision 12
.
History: 1993 c 206 s 18; 1996 c 424 s 16-19; 1997 c 134 s 5; 1999 c 109 s 7,8; 2000 c
363 s 9; 2001 c 66 s 1,2; 2003 c 122 s 5; 2005 c 147 art 3 s 9
148.952 IMMUNITY.
(a) Any person, health care facility, business, or organization is immune from civil liability
and criminal prosecution for reporting in good faith to the board violations or alleged violations of
the Psychology Practice Act.
(b) Any person, health care facility, business, or organization is immune from civil liability
and criminal prosecution for cooperating with the board in good faith in the investigation of
violations or alleged violations of the Psychology Practice Act.
(c) Consultants, advisors, and experts retained by the board for the investigation of alleged
violations and for the preparation, presentation, and provision of testimony pertaining to
allegations, charges, or violations of the Psychology Practice Act are immune from civil liability
and criminal prosecution for any actions, transactions, or publications made in good faith in the
execution of, or relating to, their duties on behalf of the board.
(d) Paragraphs (a) and (b) do not apply to a person whose report pertains to the person's
own conduct.
History: 1999 c 109 s 9
148.96 PRESENTATION TO PUBLIC.
Subdivision 1.
Requirements for professional identification. All licensees, when
representing themselves in activities relating to the practice of psychology, including in written
materials or advertising, shall identify the academic degree upon which their licensure is based,
as well as their level of licensure. Individuals licensed on the basis of the equivalent of a
master's degree in a doctoral program shall similarly use the designation "M. Eq." to identify the
educational status on which their licensure is based, as well as their level of licensure.
Subd. 2.
Disclosure of education. At the initial meeting, a licensee shall display or make
available to each new client accurate information about the qualifications and competencies of the
licensee, in accordance with regulations of the board.
Subd. 3.
Requirements for representations to public. (a) Unless licensed under sections
148.88 to
148.98, except as provided in paragraphs (b) through (e), persons shall not represent
themselves or permit themselves to be represented to the public by:
(1) using any title or description of services incorporating the words "psychology,"
"psychological," "psychological practitioner," or "psychologist"; or
(2) representing that the person has expert qualifications in an area of psychology.
(b) Psychologically trained individuals who are employed by an educational institution
recognized by a regional accrediting organization, by a federal, state, county, or local government
institution, agency, or research facility, may represent themselves by the title designated by
that organization provided that the title does not indicate that the individual is credentialed by
the board.
(c) A psychologically trained individual from an institution described in paragraph (b) may
offer lecture services and is exempt from the provisions of this section.
(d) A person who is preparing for the practice of psychology under supervision in accordance
with board statutes and rules may be designated as a "psychological intern," "psychological
trainee," or by other terms clearly describing the person's training status.
(e) Former licensees who are completely retired from the practice of psychology may
represent themselves using the descriptions in paragraph (a), clauses (1) and (2), but shall not
represent themselves or allow themselves to be represented as current licensees of the board.
(f) Nothing in this section shall be construed to prohibit the practice of school psychology by
a person licensed in accordance with chapters 122A and 129.
Subd. 4.
Persons or techniques not regulated by this board. (a) Nothing in sections
148.88 to
148.98 shall be construed to limit the occupational pursuits consistent with their
training and codes of ethics of professionals such as teachers in recognized public and private
schools, members of the clergy, physicians, social workers, school psychologists, alcohol or drug
counselors, optometrists, or attorneys. However, in such performance any title used shall be
in accordance with section
148.96.
(b) Use of psychological techniques by business and industrial organizations for their own
personnel purposes or by employment agencies or state vocational rehabilitation agencies for
the evaluation of their own clients prior to recommendation for employment is also specifically
allowed. However, no representative of an industrial or business firm or corporation may sell,
offer, or provide any psychological services as specified in section
148.89 unless such services are
performed or supervised by individuals licensed under sections
148.88 to
148.98.
Subd. 5.
Other professions not authorized. Nothing in sections
148.88 to
148.98 shall
be construed to authorize a person licensed under sections
148.88 to
148.98 to engage in the
practice of any profession regulated under Minnesota law unless the person is duly licensed or
registered in that profession.
History: 1973 c 685 s 9; 1986 c 444; 1991 c 255 s 14; 1996 c 424 s 20; 1997 c 102 s 5,6;
1998 c 397 art 11 s 3; 1999 c 109 s 10; 2000 c 260 s 26; 2005 c 147 art 3 s 10
148.965 TEST SECURITY.
Notwithstanding section
144.335, subdivision 2, paragraphs (a) and (b), a provider shall
not be required to provide copies of psychological tests, test materials, or scoring keys to any
individual who has completed a test, or to an individual not qualified to administer, score, and
interpret the test, if the provider reasonably determines that access would compromise the
objectivity, fairness, or integrity of the testing process for the individual or others. If the provider
makes this determination, the provider shall, at the discretion of the individual who has completed
the test, release the information either to another provider who is qualified to administer, score,
and interpret the test or instead furnish a summary of the test results to the individual or to a third
party designated by the individual.
History: 1999 c 58 s 1
148.975 DUTY TO WARN; LIMITATION ON LIABILITY; VIOLENT BEHAVIOR OF
PATIENT.
Subdivision 1.
Definitions. (a) The definitions in this subdivision apply to this section.
(b) "Other person" means an immediate family member or someone who personally knows
the client and has reason to believe the client is capable of and will carry out the serious, specific
threat of harm to a specific, clearly identified or identifiable victim.
(c) "Reasonable efforts" means communicating the serious, specific threat to the potential
victim and if unable to make contact with the potential victim, communicating the serious,
specific threat to the law enforcement agency closest to the potential victim or the client.
Subd. 2.
Duty to warn. The duty to predict, warn of, or take reasonable precautions
to provide protection from, violent behavior arises only when a client or other person has
communicated to the licensee a specific, serious threat of physical violence against a specific,
clearly identified or identifiable potential victim. If a duty to warn arises, the duty is discharged
by the licensee if reasonable efforts, as defined in subdivision 1, paragraph (c), are made to
communicate the threat.
Subd. 3.[Renumbered subd 2]
Subd. 3.
Liability standard. If no duty to warn exists under subdivision 2, then no monetary
liability and no cause of action may arise against a licensee for failure to predict, warn of, or take
reasonable precautions to provide protection from, a client's violent behavior.
Subd. 4.
Disclosure of confidences. Good faith compliance with the duty to warn shall not
constitute a breach of confidence and shall not result in monetary liability or a cause of action
against the licensee.
Subd. 5.
Continuity of care. Nothing in subdivision 2 shall be construed to authorize a
licensee to terminate treatment of a client as a direct result of a client's violent behavior or
threat of physical violence unless the client is referred to another practitioner or appropriate
health care facility.
Subd. 6.
Exception. This section does not apply to a threat to commit suicide or other
threats by a client to harm the client, or to a threat by a client who is adjudicated mentally ill
and dangerous under chapter 253B.
Subd. 7.
Optional disclosure. Nothing in section
148.975 shall be construed to prohibit a
licensee from disclosing confidences to third parties in a good-faith effort to warn against or take
precautions against a client's violent behavior or threat to commit suicide for which a duty to
warn does not arise.
Subd. 8.
Limitation on liability. No monetary liability and no cause of action, or disciplinary
action by the board may arise against a licensee for disclosure of confidences to third parties,
for failure to disclose confidences to third parties, or for erroneous disclosure of confidences to
third parties in a good-faith effort to warn against or take precautions against a client's violent
behavior or threat of suicide for which a duty to warn does not arise.
History: 1986 c 380 s 1; 1996 c 424 s 21
148.98 RULES OF CONDUCT.
The board shall adopt rules of conduct to govern an applicant's or licensee's practices or
behavior. The board shall publish the rules in the State Register and file the rules with the
secretary of state at least 30 days prior to the effective date of the rules. The rules of conduct shall
include, but are not limited to, the principles in paragraphs (a) to (c).
(a) Applicants or licensees shall recognize the boundaries of their competence and the
limitations of their techniques and shall not offer services or use techniques that fail to meet
usual and customary professional standards.
(b) An applicant or licensee who engages in practice shall assist clients in obtaining
professional help for all important aspects of the client's problems that fall outside the boundaries
of the applicant's or licensee's competence.
(c) Applicants or licensees shall not claim either directly or by implication professional
qualifications that differ from their actual qualifications, nor shall they misrepresent their
affiliations with any institution, organization, or individual, nor lead others to assume affiliations
that do not exist.
History: 1973 c 685 s 11; 1976 c 222 s 72; 1986 c 444; 1991 c 255 s 16; 1993 c 206 s
19; 1996 c 424 s 22