1.1                          A bill for an act
  1.2             relating to health; establishing and modifying 
  1.3             credentialing requirements for speech-language 
  1.4             pathologists, audiologists, occupational therapists, 
  1.5             speech-language pathology assistants, physician 
  1.6             assistants, registered nurses, advanced practice 
  1.7             registered nurses, dentists, dental hygienists, dental 
  1.8             assistants, dental aides, podiatrists, alcohol and 
  1.9             drug counselors, and licensed professional counselors; 
  1.10            amending Minnesota Statutes 2002, sections 144.054, 
  1.11            subdivision 2; 147A.02; 147A.20; 148.211, subdivision 
  1.12            1; 148.284; 148.512, subdivisions 9, 19, by adding a 
  1.13            subdivision; 148.6402, by adding a subdivision; 
  1.14            148.6403, subdivision 5; 148.6405; 148.6428; 148.6443, 
  1.15            subdivisions 1, 5; 150A.01, subdivisions 5, 8; 
  1.16            150A.02, subdivision 1; 150A.03, subdivision 1; 
  1.17            150A.05, subdivision 2, by adding a subdivision; 
  1.18            150A.06, as amended; 150A.08, subdivisions 1, 4, 5, 6, 
  1.19            8; 150A.081, subdivisions 1, 2; 150A.09, subdivisions 
  1.20            1, 3, 4, 5; 150A.10, subdivision 2; 153.01, 
  1.21            subdivision 2; 153.16, subdivisions 1, 2; 153.19, 
  1.22            subdivision 1; 153.24, subdivision 4; 153.25, 
  1.23            subdivision 1; 214.18, subdivision 5; 352.91, 
  1.24            subdivision 3g; Minnesota Statutes 2003 Supplement, 
  1.25            sections 116J.70, subdivision 2a; 147A.09, subdivision 
  1.26            2; 148.212, subdivision 1; 148.511; 148.512, 
  1.27            subdivisions 12, 13; 148.513, subdivisions 1, 2; 
  1.28            148.5161, subdivisions 1, 4, 6; 148.5175; 148.518; 
  1.29            148.5193, subdivisions 1, 6a; 148.5195, subdivision 3; 
  1.30            148.5196, subdivision 3; 148B.52; 148B.53, 
  1.31            subdivisions 1, 3; 148B.54; 148B.55; 148B.59; 148C.04, 
  1.32            subdivision 6; 148C.075, subdivision 2; 148C.11, 
  1.33            subdivision 6; 148C.12, subdivisions 2, 3; 150A.08, 
  1.34            subdivision 3; Laws 2003, chapter 118, section 28; 
  1.35            Laws 2003, chapter 118, section 29; proposing coding 
  1.36            for new law in Minnesota Statutes, chapters 148; 148B; 
  1.37            repealing Minnesota Rules, parts 6900.0020, subparts 
  1.38            3, 3a, 9, 10; 6900.0400. 
  1.39  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.40                             ARTICLE 1
  1.41             SPEECH-LANGUAGE PATHOLOGY, AUDIOLOGY, AND
  1.42                        OCCUPATIONAL THERAPY
  2.1      Section 1.  Minnesota Statutes 2003 Supplement, section 
  2.2   148.511, is amended to read: 
  2.3      148.511 [SCOPE.] 
  2.4      Sections 148.511 to 148.5196 apply to persons who are 
  2.5   applicants for licensure, who use protected titles, who 
  2.6   represent that they are licensed, or who engage in the practice 
  2.7   of speech-language pathology or audiology.  Sections 148.511 to 
  2.8   148.5196 do not apply to school personnel licensed by the Board 
  2.9   of Teaching and practicing within the scope of their school 
  2.10  license under Minnesota Rules, part 8710.6000, or the 
  2.11  paraprofessionals who assist these individuals. 
  2.12     Sec. 2.  Minnesota Statutes 2002, section 148.512, 
  2.13  subdivision 9, is amended to read: 
  2.14     Subd. 9.  [CONTINUING EDUCATION.] "Continuing education" is 
  2.15  a planned learning experience in speech-language pathology or 
  2.16  audiology not including the basic educational program leading to 
  2.17  a degree if the education is used by the ~~registrant~~ licensee for 
  2.18  credit to achieve a baccalaureate or master's degree in 
  2.19  speech-language pathology or audiology.  
  2.20     Sec. 3.  Minnesota Statutes 2003 Supplement, section 
  2.21  148.512, subdivision 12, is amended to read: 
  2.22     Subd. 12.  [PRACTICE OF AUDIOLOGY.] The "practice of 
  2.23  audiology" means:  
  2.24     (1) identification, assessment, and interpretation, 
  2.25  diagnosis, rehabilitation, and prevention of hearing disorders; 
  2.26     (2) conservation of the auditory system function; 
  2.27  development and implementation of hearing conservation programs; 
  2.28     (3) measurement, assessment, and interpretation of auditory 
  2.29  and vestibular function; 
  2.30     (4) selecting, fitting, and dispensing of assistive 
  2.31  listening devices, alerting and amplification devices, and 
  2.32  systems for personal and public use, including hearing aids and 
  2.33  devices, and providing training in their use; 
  2.34     (5) aural habilitation and rehabilitation and related 
  2.35  counseling for hearing impaired individuals and their families; 
  2.36     (6) screening of speech, language, voice, or fluency for 
  3.1   the purposes of audiologic evaluation or identification of 
  3.2   possible communication disorders; or 
  3.3      (7) ~~teaching of, consultation or research about, or~~ 
  3.4   supervision of the functions in clauses (1) to (6).  
  3.5      The practice of audiology does not include the practice of 
  3.6   medicine and surgery, or osteopathic medicine and surgery, or 
  3.7   medical diagnosis that is commonly performed by a physician. 
  3.8      Sec. 4.  Minnesota Statutes 2003 Supplement, section 
  3.9   148.512, subdivision 13, is amended to read: 
  3.10     Subd. 13.  [PRACTICE OF SPEECH-LANGUAGE PATHOLOGY.] The 
  3.11  "practice of speech-language pathology" means:  
  3.12     (1) identification, assessment, and interpretation, 
  3.13  diagnosis, habilitation, rehabilitation, treatment and 
  3.14  prevention of disorders of speech, articulation, fluency, voice, 
  3.15  and language; 
  3.16     (2) identification, assessment, and interpretation, 
  3.17  diagnosis, habilitation, and rehabilitation of disorders of 
  3.18  oral-pharyngeal function and related disorders; 
  3.19     (3) identification, assessment, and interpretation, 
  3.20  diagnosis, habilitation, and rehabilitation of communication 
  3.21  disorders associated with cognition; 
  3.22     (4) assessing, selecting, and developing augmentative and 
  3.23  alternative communication systems and providing training in 
  3.24  their use; 
  3.25     (5) aural habilitation and rehabilitation and related 
  3.26  counseling for hearing impaired individuals and their families; 
  3.27     (6) enhancing speech-language proficiency and communication 
  3.28  effectiveness; 
  3.29     (7) audiometric screening for the purposes of 
  3.30  speech-language evaluation or for the identification of possible 
  3.31  hearing disorders; or 
  3.32     (8) ~~teaching of, consultation or research about, or~~ 
  3.33  supervision of the functions in clauses (1) to (7). 
  3.34     The practice of speech-language pathology does not include 
  3.35  the practice of medicine and surgery, or osteopathic medicine 
  3.36  and surgery, or medical diagnosis that is commonly performed by 
  4.1   a physician. 
  4.2      Sec. 5.  Minnesota Statutes 2002, section 148.512, is 
  4.3   amended by adding a subdivision to read: 
  4.4      Subd. 17a.  [SPEECH-LANGUAGE PATHOLOGY 
  4.5   ASSISTANT.] "Speech-language pathology assistant" means a person 
  4.6   who provides speech-language pathology services under the 
  4.7   supervision of a licensed speech-language pathologist in 
  4.8   accordance with section 148.5192.  
  4.9      Sec. 6.  Minnesota Statutes 2002, section 148.512, 
  4.10  subdivision 19, is amended to read: 
  4.11     Subd. 19.  [SUPERVISION.] "Supervision" means the direct or 
  4.12  indirect evaluation or direction of:  
  4.13     (1) a practitioner of speech-language pathology or 
  4.14  audiology; 
  4.15     (2) a person performing a function of supervised clinical 
  4.16  training as a student of speech-language pathology or audiology; 
  4.17  ~~or~~ 
  4.18     (3) a person performing a function of supervised 
  4.19  postgraduate clinical experience in speech-language pathology or 
  4.20  audiology; or 
  4.21     (4) a speech-language pathology assistant in accordance 
  4.22  with section 148.5192.  
  4.23     Sec. 7.  Minnesota Statutes 2003 Supplement, section 
  4.24  148.513, subdivision 1, is amended to read: 
  4.25     Subdivision 1.  [UNLICENSED PRACTICE PROHIBITED.] A person 
  4.26  must not engage in the practice of speech-language pathology or 
  4.27  audiology unless the person is licensed as a speech-language 
  4.28  pathologist or an audiologist under sections 148.511 to 148.5196 
  4.29  or is practicing as a speech-language pathology assistant in 
  4.30  accordance with section 148.5192.  For purposes of this 
  4.31  subdivision, a speech-language pathology assistant's duties are 
  4.32  limited to the duties described in accordance with section 
  4.33  148.5192, subdivision 2. 
  4.34     Sec. 8.  Minnesota Statutes 2003 Supplement, section 
  4.35  148.513, subdivision 2, is amended to read: 
  4.36     Subd. 2.  [PROTECTED TITLES AND RESTRICTIONS ON USE.] (a) 
  5.1   Notwithstanding paragraph (b), the use of the following terms or 
  5.2   initials which represent the following terms, alone or in 
  5.3   combination with any word or words, by any person to form an 
  5.4   occupational title is prohibited unless that person is licensed 
  5.5   under sections 148.511 to 148.5196: 
  5.6      (1) speech-language; 
  5.7      (2) speech-language pathologist, S, SP, or SLP; 
  5.8      (3) speech pathologist; 
  5.9      (4) language pathologist; 
  5.10     (5) audiologist, A, or AUD; 
  5.11     (6) speech therapist; 
  5.12     (7) speech clinician; 
  5.13     (8) speech correctionist; 
  5.14     (9) language therapist; 
  5.15     (10) voice therapist; 
  5.16     (11) voice pathologist; 
  5.17     (12) logopedist; 
  5.18     (13) communicologist; 
  5.19     (14) aphasiologist; 
  5.20     (15) phoniatrist; 
  5.21     (16) audiometrist; 
  5.22     (17) audioprosthologist; 
  5.23     (18) hearing therapist; 
  5.24     (19) hearing clinician; or 
  5.25     (20) hearing aid audiologist. 
  5.26     Use of the term "Minnesota licensed" in conjunction with 
  5.27  the titles protected under this ~~section~~ paragraph by any person 
  5.28  is prohibited unless that person is licensed under sections 
  5.29  148.511 to 148.5196.  
  5.30     (b) A speech-language pathology assistant practicing under 
  5.31  section 148.5192 must not represent, indicate, or imply to the 
  5.32  public that the assistant is a licensed speech-language 
  5.33  pathologist and shall only utilize one of the following titles:  
  5.34  "speech-language pathology assistant," "SLP assistant," or "SLP 
  5.35  asst." 
  5.36     Sec. 9.  Minnesota Statutes 2003 Supplement, section 
  6.1   148.5161, subdivision 1, is amended to read: 
  6.2      Subdivision 1.  [APPLICATION.] Clinical fellowship and 
  6.3   doctoral externship candidates must be licensed with a clinical 
  6.4   fellowship or doctoral externship license.  The commissioner 
  6.5   shall issue clinical fellowship licensure or doctoral externship 
  6.6   licensure as a speech-language pathologist or audiologist to an 
  6.7   applicant who has applied for licensure under section 148.515, 
  6.8   who is not the subject of a disciplinary action or past 
  6.9   disciplinary action, and who has not violated a provision of 
  6.10  section 148.5195, subdivision 3. 
  6.11     Sec. 10.  Minnesota Statutes 2003 Supplement, section 
  6.12  148.5161, subdivision 4, is amended to read: 
  6.13     Subd. 4.  [DOCTORAL EXTERNSHIP LICENSURE.] Doctoral 
  6.14  candidates in audiology completing their final externship as 
  6.15  part of their training program are eligible to receive a 
  6.16  ~~provisional~~ doctoral externship license in audiology and are not 
  6.17  required to complete the postgraduate clinical fellowship year.  
  6.18     Sec. 11.  Minnesota Statutes 2003 Supplement, section 
  6.19  148.5161, subdivision 6, is amended to read: 
  6.20     Subd. 6.  [TITLE USED.] A licensee with a clinical 
  6.21  fellowship or doctoral externship shall be identified by one of 
  6.22  the protected titles and a designation indicating clinical 
  6.23  fellowship status or doctoral externship status. 
  6.24     Sec. 12.  Minnesota Statutes 2003 Supplement, section 
  6.25  148.5175, is amended to read: 
  6.26     148.5175 [TEMPORARY LICENSURE.] 
  6.27     (a) The commissioner shall issue temporary licensure as a 
  6.28  speech-language pathologist, an audiologist, or both, to an 
  6.29  applicant who has applied for licensure under section 148.515, 
  6.30  148.516, 148.517, or 148.518~~, subdivisions 1 and 2,~~ and who: 
  6.31     (1) submits a signed and dated affidavit stating that the 
  6.32  applicant is not the subject of a disciplinary action or past 
  6.33  disciplinary action in this or another jurisdiction and is not 
  6.34  disqualified on the basis of section 148.5195, subdivision 3; 
  6.35  and 
  6.36     (2) either: 
  7.1      (i) provides a copy of a current credential as a 
  7.2   speech-language pathologist, an audiologist, or both, held in 
  7.3   the District of Columbia or a state or territory of the United 
  7.4   States; or 
  7.5      (ii) provides a copy of a current certificate of clinical 
  7.6   competence issued by the American Speech-Language-Hearing 
  7.7   Association or board certification in audiology by the American 
  7.8   Board of Audiology. 
  7.9      (b) A temporary license issued to a person under this 
  7.10  subdivision expires 90 days after it is issued or on the date 
  7.11  the commissioner grants or denies licensure, whichever occurs 
  7.12  first.  
  7.13     (c) Upon application, a temporary license shall be renewed 
  7.14  once to a person who is able to demonstrate good cause for 
  7.15  failure to meet the requirements for licensure within the 
  7.16  initial temporary licensure period and who is not the subject of 
  7.17  a disciplinary action or disqualified on the basis of section 
  7.18  148.5195, subdivision 3. 
  7.19     Sec. 13.  Minnesota Statutes 2003 Supplement, section 
  7.20  148.518, is amended to read: 
  7.21     148.518 [LICENSURE FOLLOWING LAPSE OF LICENSURE STATUS.] 
  7.22     For an applicant whose licensure status has lapsed, the 
  7.23  applicant must:  
  7.24     (1) apply for licensure renewal according to section 
  7.25  148.5191 and document compliance with the continuing education 
  7.26  requirements of section 148.5193 since the applicant's license 
  7.27  lapsed; 
  7.28     (2) fulfill the requirements of section 148.517; ~~or~~ 
  7.29     (3) apply for renewal according to section 148.5191, 
  7.30  provide evidence to the commissioner that the applicant holds a 
  7.31  current and unrestricted credential for the practice of 
  7.32  speech-language pathology from the Minnesota Board of Teaching 
  7.33  or for the practice of speech-language pathology or audiology in 
  7.34  another jurisdiction that has requirements equivalent to or 
  7.35  higher than those in effect for Minnesota, and provide evidence 
  7.36  of compliance with Minnesota Board of Teaching or that 
  8.1   jurisdiction's continuing education requirements; or 
  8.2      (4) apply for renewal according to section 148.5191 and 
  8.3   submit verified documentation of successful completion of 160 
  8.4   hours of supervised practice approved by the commissioner.  To 
  8.5   participate in a supervised practice, the applicant shall first 
  8.6   apply and obtain temporary licensing according to section 
  8.7   148.5161.  
  8.8      Sec. 14.  [148.5192] [SPEECH-LANGUAGE PATHOLOGY 
  8.9   ASSISTANTS.] 
  8.10     Subdivision 1.  [DELEGATION REQUIREMENTS.] A licensed 
  8.11  speech-language pathologist may delegate duties to a 
  8.12  speech-language pathology assistant in accordance with this 
  8.13  section.  Duties may only be delegated to an individual who has 
  8.14  documented with a transcript from an educational institution 
  8.15  satisfactory completion of either: 
  8.16     (1) an associate degree from a speech-language pathology 
  8.17  assistant program that is accredited by the Higher Learning 
  8.18  Commission of the North Central Association of Colleges or its 
  8.19  equivalent as approved by the commissioner; or 
  8.20     (2) a bachelor's degree in the discipline of communication 
  8.21  sciences or disorders with additional transcript credit in the 
  8.22  area of instruction in assistant-level service delivery 
  8.23  practices and has completed at least 100 hours of supervised 
  8.24  field work experience as a speech-language pathology assistant 
  8.25  student.  
  8.26     Subd. 2.  [DELEGATED DUTIES; PROHIBITIONS.] (a) A certified 
  8.27  speech-language pathology assistant may perform only those 
  8.28  duties delegated by a licensed speech-language pathologist and 
  8.29  must be limited to duties within the training and experience of 
  8.30  the speech-language pathology assistant. 
  8.31     (b) Duties may include the following as delegated by the 
  8.32  supervising speech-language pathologist: 
  8.33     (1) assist with speech language and hearing screenings; 
  8.34     (2) implement documented treatment plans or protocols 
  8.35  developed by the supervising speech-language pathologist; 
  8.36     (3) document client performance; 
  9.1      (4) assist with assessments of clients; 
  9.2      (5) assist with preparing materials and scheduling 
  9.3   activities as directed; 
  9.4      (6) perform checks and maintenance of equipment; 
  9.5      (7) support the supervising speech-language pathologist in 
  9.6   research projects, in-service training, and public relations 
  9.7   programs; and 
  9.8      (8) collect data for quality improvement.  
  9.9      (c) A speech-language pathology assistant may not: 
  9.10     (1) perform standardized or nonstandardized diagnostic 
  9.11  tests, perform formal or informal evaluations, or interpret test 
  9.12  results; 
  9.13     (2) screen or diagnose clients for feeding or swallowing 
  9.14  disorders, including using a checklist or tabulating results of 
  9.15  feeding or swallowing evaluations, or demonstrate swallowing 
  9.16  strategies or precautions to clients or the clients' families; 
  9.17     (3) participate in parent conferences, case conferences, or 
  9.18  any interdisciplinary team without the presence of the 
  9.19  supervising speech-language pathologist or other licensed 
  9.20  speech-language pathologist as authorized by the supervising 
  9.21  speech-language pathologist; 
  9.22     (4) provide client or family counseling or consult with the 
  9.23  client or the family regarding the client status or service; 
  9.24     (5) write, develop, or modify a client's individualized 
  9.25  treatment plan or individualized education program; 
  9.26     (6) select clients for service; 
  9.27     (7) discharge clients from service; 
  9.28     (8) disclose clinical or confidential information either 
  9.29  orally or in writing to anyone other than the supervising 
  9.30  speech-language pathologist; or 
  9.31     (9) make referrals for additional services.  
  9.32     (d) A speech-language pathology assistant must not sign any 
  9.33  formal documents, including treatment plans, education plans, 
  9.34  reimbursement forms, or reports.  The speech-language pathology 
  9.35  assistant must sign or initial all treatment notes written by 
  9.36  the assistant. 
 10.1      Subd. 3.  [SUPERVISION REQUIREMENTS.] (a) A supervising 
 10.2   speech-language pathologist shall authorize and accept full 
 10.3   responsibility for the performance, practice, and activity of a 
 10.4   speech-language pathology assistant. 
 10.5      (b) A supervising speech-language pathologist must meet the 
 10.6   following requirements:  
 10.7      (1) be licensed under sections 148.511 to 148.5196; 
 10.8      (2) hold a certificate of clinical competence from the 
 10.9   American Speech-Language-Hearing Association or its equivalent 
 10.10  as approved by the commissioner; and 
 10.11     (3) have completed at least one continuing education unit 
 10.12  in supervision.  
 10.13     (c) The supervision of a speech-language pathology 
 10.14  assistant shall be maintained on the following schedule:  
 10.15     (1) for the first 90 work days, within a 40-hour work week, 
 10.16  30 percent of the work performed by the speech-language 
 10.17  pathology assistant must be supervised and at least 20 percent 
 10.18  of the work performed must be under direct supervision; and 
 10.19     (2) for the work period after the initial 90-day period, 
 10.20  within a 40-hour work week, 20 percent of the work must be 
 10.21  supervised and at least ten percent of the work performed must 
 10.22  be under direct supervision.  
 10.23     (d) For purposes of this section, "direct supervision" 
 10.24  means on-site, in-view observation and guidance by the 
 10.25  supervising speech-language pathologist during the performance 
 10.26  of a delegated duty.  The supervision requirements described in 
 10.27  this section are minimum requirements.  Additional supervision 
 10.28  requirements may be imposed at the discretion of the supervising 
 10.29  speech-language pathologist.  
 10.30     (e) A supervising speech-language pathologist must be 
 10.31  available to communicate with a speech-language pathology 
 10.32  assistant at any time the assistant is in direct contact with a 
 10.33  client.  
 10.34     (f) A supervising speech-language pathologist must document 
 10.35  activities performed by the assistant that are directly 
 10.36  supervised by the supervising speech-language pathologist.  At a 
 11.1   minimum, the documentation must include: 
 11.2      (1) information regarding the quality of the 
 11.3   speech-language pathology assistant's performance of the 
 11.4   delegated duties; and 
 11.5      (2) verification that any delegated clinical activity was 
 11.6   limited to duties authorized to be performed by the 
 11.7   speech-language pathology assistant under this section.  
 11.8      (g) A supervising speech-language pathologist must review 
 11.9   and cosign all informal treatment notes signed or initialed by 
 11.10  the speech-language pathology assistant.  
 11.11     (h) A full-time, speech-language pathologist may supervise 
 11.12  no more than one full-time, speech-language pathology assistant 
 11.13  or the equivalent of one full-time assistant. 
 11.14     Subd. 4.  [NOTIFICATION.] Any agency or clinic that intends 
 11.15  to utilize the services of a speech-language pathology assistant 
 11.16  must provide written notification to the client or, if the 
 11.17  client is younger than 18 years old, to the client's parent or 
 11.18  guardian before a speech-language pathology assistant may 
 11.19  perform any of the duties described in this section. 
 11.20     Sec. 15.  Minnesota Statutes 2003 Supplement, section 
 11.21  148.5193, subdivision 1, is amended to read: 
 11.22     Subdivision 1.  [NUMBER OF CONTACT HOURS REQUIRED.] (a) An 
 11.23  applicant for licensure renewal must meet the requirements for 
 11.24  continuing education stipulated by the American 
 11.25  Speech-Language-Hearing Association or the American Board of 
 11.26  Audiology, or satisfy the requirements described in paragraphs 
 11.27  (b) to (e).  
 11.28     (b) Within one month following expiration of a license, an 
 11.29  applicant for licensure renewal as either a speech-language 
 11.30  pathologist or an audiologist must provide evidence to the 
 11.31  commissioner of a minimum of 30 contact hours of continuing 
 11.32  education ~~offered by a continuing education sponsor~~ obtained 
 11.33  within the two years immediately preceding licensure ~~renewal~~ 
 11.34  expiration.  A minimum of 20 contact hours of continuing 
 11.35  education must be directly related to the licensee's area of 
 11.36  licensure.  Ten contact hours of continuing education may be in 
 12.1   areas generally related to the licensee's area of licensure.  
 12.2   Licensees who are issued licenses for a period of less than two 
 12.3   years shall prorate the number of contact hours required for 
 12.4   licensure renewal based on the number of months licensed during 
 12.5   the biennial licensure period.  Licensees shall receive contact 
 12.6   hours for continuing education activities only for the biennial 
 12.7   licensure period in which the continuing education activity was 
 12.8   performed. 
 12.9      (c) An applicant for licensure renewal as both a 
 12.10  speech-language pathologist and an audiologist must attest to 
 12.11  and document completion of a minimum of 36 contact hours of 
 12.12  continuing education offered by a continuing education sponsor 
 12.13  within the two years immediately preceding licensure renewal.  A 
 12.14  minimum of 15 contact hours must be received in the area of 
 12.15  speech-language pathology and a minimum of 15 contact hours must 
 12.16  be received in the area of audiology.  Six contact hours of 
 12.17  continuing education may be in areas generally related to the 
 12.18  licensee's areas of licensure.  Licensees who are issued 
 12.19  licenses for a period of less than two years shall prorate the 
 12.20  number of contact hours required for licensure renewal based on 
 12.21  the number of months licensed during the biennial licensure 
 12.22  period.  Licensees shall receive contact hours for continuing 
 12.23  education activities only for the biennial licensure period in 
 12.24  which the continuing education activity was performed. 
 12.25     (d) If the licensee is licensed by the Board of Teaching: 
 12.26     (1) activities that are approved in the categories of 
 12.27  Minnesota Rules, part 8700.1000, subpart 3, items A and B, and 
 12.28  that relate to speech-language pathology, shall be considered: 
 12.29     (i) offered by a sponsor of continuing education; and 
 12.30     (ii) directly related to speech-language pathology; 
 12.31     (2) activities that are approved in the categories of 
 12.32  Minnesota Rules, part 8700.1000, subpart 3, shall be considered: 
 12.33     (i) offered by a sponsor of continuing education; and 
 12.34     (ii) generally related to speech-language pathology; and 
 12.35     (3) one clock hour as defined in Minnesota Rules, part 
 12.36  8700.1000, subpart 1, is equivalent to 1.0 contact hours of 
 13.1   continuing education.  
 13.2      (e) Contact hours ~~cannot~~ may not be accumulated in advance 
 13.3   and transferred to a future continuing education period.  
 13.4      Sec. 16.  Minnesota Statutes 2003 Supplement, section 
 13.5   148.5193, subdivision 6a, is amended to read: 
 13.6      Subd. 6a.  [VERIFICATION OF ATTENDANCE.] An applicant for 
 13.7   licensure renewal must submit verification of attendance as 
 13.8   follows: 
 13.9      (1) a certificate of attendance from the sponsor with the 
 13.10  continuing education course name, course date, and licensee's 
 13.11  name.  If a certificate of attendance is not available, the 
 13.12  commissioner may accept other evidence of attendance such as a 
 13.13  confirmation or statement of registration for regional or 
 13.14  national annual conferences or conventions of professional 
 13.15  associations, a copy of the continuing education courses 
 13.16  indicating those attended, and an affidavit of attendance; 
 13.17     (2) a copy of a record of attendance from the sponsor of 
 13.18  the continuing education course; 
 13.19     (3) a signature of the presenter or a designee at the 
 13.20  continuing education activity on the continuing education report 
 13.21  form; 
 13.22     (4) a summary or outline of the educational content of an 
 13.23  audio or video educational activity if a designee is not 
 13.24  available to sign the continuing education report form; 
 13.25     (5) for self-study programs, a certificate of completion or 
 13.26  other documentation indicating that the individual has 
 13.27  demonstrated knowledge and has successfully completed the 
 13.28  program; or 
 13.29     (6) for attendance at a university, college, or vocational 
 13.30  course, an official transcript. 
 13.31     Sec. 17.  Minnesota Statutes 2003 Supplement, section 
 13.32  148.5195, subdivision 3, is amended to read: 
 13.33     Subd. 3.  [GROUNDS FOR DISCIPLINARY ACTION BY 
 13.34  COMMISSIONER.] The commissioner may take any of the disciplinary 
 13.35  actions listed in subdivision 4 on proof that the individual has:
 13.36     (1) intentionally submitted false or misleading information 
 14.1   to the commissioner or the advisory council; 
 14.2      (2) failed, within 30 days, to provide information in 
 14.3   response to a written request, via certified mail, by the 
 14.4   commissioner or advisory council; 
 14.5      (3) performed services of a speech-language pathologist or 
 14.6   audiologist in an incompetent or negligent manner; 
 14.7      (4) violated sections 148.511 to 148.5196; 
 14.8      (5) failed to perform services with reasonable judgment, 
 14.9   skill, or safety due to the use of alcohol or drugs, or other 
 14.10  physical or mental impairment; 
 14.11     (6) violated any state or federal law, rule, or regulation, 
 14.12  and the violation is a felony or misdemeanor, an essential 
 14.13  element of which is dishonesty, or which relates directly or 
 14.14  indirectly to the practice of speech-language pathology or 
 14.15  audiology.  Conviction for violating any state or federal law 
 14.16  which relates to speech-language pathology or audiology is 
 14.17  necessarily considered to constitute a violation, except as 
 14.18  provided in chapter 364; 
 14.19     (7) aided or abetted another person in violating any 
 14.20  provision of sections 148.511 to 148.5196; 
 14.21     (8) been or is being disciplined by another jurisdiction, 
 14.22  if any of the grounds for the discipline is the same or 
 14.23  substantially equivalent to those under sections 148.511 to 
 14.24  148.5196; 
 14.25     (9) not cooperated with the commissioner or advisory 
 14.26  council in an investigation conducted according to subdivision 
 14.27  1; 
 14.28     (10) advertised in a manner that is false or misleading; 
 14.29     (11) engaged in conduct likely to deceive, defraud, or harm 
 14.30  the public; or demonstrated a willful or careless disregard for 
 14.31  the health, welfare, or safety of a client; 
 14.32     (12) failed to disclose to the consumer any fee splitting 
 14.33  or any promise to pay a portion of a fee to any other 
 14.34  professional other than a fee for services rendered by the other 
 14.35  professional to the client; 
 14.36     (13) engaged in abusive or fraudulent billing practices, 
 15.1   including violations of federal Medicare and Medicaid laws, Food 
 15.2   and Drug Administration regulations, or state medical assistance 
 15.3   laws; 
 15.4      (14) obtained money, property, or services from a consumer 
 15.5   through the use of undue influence, high pressure sales tactics, 
 15.6   harassment, duress, deception, or fraud; 
 15.7      (15) performed services for a client who had no possibility 
 15.8   of benefiting from the services; 
 15.9      (16) failed to refer a client for medical evaluation or to 
 15.10  other health care professionals when appropriate or when a 
 15.11  client indicated symptoms associated with diseases that could be 
 15.12  medically or surgically treated; 
 15.13     (17) if the individual is a dispenser of hearing 
 15.14  instruments as defined by section 153A.13, subdivision 5, had 
 15.15  the certification required by chapter 153A, denied, suspended, 
 15.16  or revoked according to chapter 153A; ~~or~~ 
 15.17     (18) used the term doctor of audiology, doctor of 
 15.18  speech-language pathology, AuD, or SLPD without having obtained 
 15.19  the degree from an institution accredited by the North Central 
 15.20  Association of Colleges and Secondary Schools, the Council on 
 15.21  Academic Accreditation in Audiology and Speech-Language 
 15.22  Pathology, the United States Department of Education, or an 
 15.23  equivalent; or 
 15.24     (19) failed to comply with the requirements of section 
 15.25  148.5192, regarding supervision of speech-language pathology 
 15.26  assistants. 
 15.27     Sec. 18.  Minnesota Statutes 2003 Supplement, section 
 15.28  148.5196, subdivision 3, is amended to read: 
 15.29     Subd. 3.  [DUTIES.] The advisory council shall:  
 15.30     (1) advise the commissioner regarding speech-language 
 15.31  pathologist and audiologist licensure standards; 
 15.32     (2) advise the commissioner regarding the delegation of 
 15.33  duties to and the training required for speech-language 
 15.34  pathology assistants; 
 15.35     ~~(2)~~ (3) advise the commissioner on enforcement of sections 
 15.36  148.511 to 148.5196; 
 16.1      ~~(3)~~ (4) provide for distribution of information regarding 
 16.2   speech-language pathologist and audiologist licensure standards; 
 16.3      ~~(4)~~ (5) review applications and make recommendations to the 
 16.4   commissioner on granting or denying licensure or licensure 
 16.5   renewal; 
 16.6      ~~(5)~~ (6) review reports of investigations relating to 
 16.7   individuals and make recommendations to the commissioner as to 
 16.8   whether licensure should be denied or disciplinary action taken 
 16.9   against the individual; 
 16.10     ~~(6)~~ (7) advise the commissioner regarding approval of 
 16.11  continuing education activities provided by sponsors using the 
 16.12  criteria in section 148.5193, subdivision 2; and 
 16.13     ~~(7)~~ (8) perform other duties authorized for advisory 
 16.14  councils under chapter 214, or as directed by the commissioner. 
 16.15     Sec. 19.  Minnesota Statutes 2002, section 148.6402, is 
 16.16  amended by adding a subdivision to read: 
 16.17     Subd. 22a.  [LIMITED LICENSE.] "Limited license" means a 
 16.18  license issued according to section 148.6425, subdivision 3, 
 16.19  paragraph (c), to persons who have allowed their license to 
 16.20  lapse for four years or more and who choose a supervised 
 16.21  practice as the method for renewing their license status. 
 16.22     Sec. 20.  Minnesota Statutes 2002, section 148.6403, 
 16.23  subdivision 5, is amended to read: 
 16.24     Subd. 5.  [EXEMPT PERSONS.] This section does not apply to: 
 16.25     (1) a person employed as an occupational therapist or 
 16.26  occupational therapy assistant by the government of the United 
 16.27  States or any agency of it.  However, use of the protected 
 16.28  titles under those circumstances is allowed only in connection 
 16.29  with performance of official duties for the federal government; 
 16.30     (2) a student participating in supervised fieldwork or 
 16.31  supervised coursework that is necessary to meet the requirements 
 16.32  of section 148.6408, subdivision 1, or 148.6410, subdivision 1, 
 16.33  if the person is designated by a title which clearly indicates 
 16.34  the person's status as a student trainee.  Any use of the 
 16.35  protected titles under these circumstances is allowed only while 
 16.36  the person is performing the duties of the supervised fieldwork 
 17.1   or supervised coursework; or 
 17.2      (3) a person visiting and then leaving the state and 
 17.3   performing occupational therapy services while in the state, if 
 17.4   the services are performed no more than 30 days in a calendar 
 17.5   year as part of a professional activity that is limited in scope 
 17.6   and duration and is in association with an occupational 
 17.7   therapist licensed under sections 148.6401 to 148.6450, and 
 17.8      (i) the person is credentialed under the law of another 
 17.9   state which has credentialing requirements at least as stringent 
 17.10  as the requirements of sections 148.6401 to 148.6450; or 
 17.11     (ii) the person meets the requirements for certification as 
 17.12  an occupational therapist registered (OTR) or a certified 
 17.13  occupational therapy assistant (COTA), established by the 
 17.14  National Board for Certification in Occupational Therapy. 
 17.15     Sec. 21.  Minnesota Statutes 2002, section 148.6405, is 
 17.16  amended to read: 
 17.17     148.6405 [LICENSURE APPLICATION REQUIREMENTS~~;~~:  PROCEDURES 
 17.18  AND QUALIFICATIONS.] 
 17.19     (a) An applicant for licensure must comply with the ~~general~~ 
 17.20  ~~licensure procedures~~ application requirements in section 
 17.21  148.6420.  To qualify for licensure, an applicant must satisfy 
 17.22  one of the requirements in paragraphs (b) to (f) and not be 
 17.23  subject to denial of licensure under section 148.6448. 
 17.24     (b) A person who applies for licensure as an occupational 
 17.25  therapist and who has not been credentialed by the National 
 17.26  Board for Certification in Occupational Therapy or another 
 17.27  jurisdiction must meet the requirements in section 148.6408. 
 17.28     (c) A person who applies for licensure as an occupational 
 17.29  therapy assistant and who has not been credentialed by the 
 17.30  National Board for Certification in Occupational Therapy or 
 17.31  another jurisdiction must meet the requirements in section 
 17.32  148.6410. 
 17.33     (d) A person who is certified by the National Board for 
 17.34  Certification in Occupational Therapy may apply for licensure by 
 17.35  equivalency and must meet the requirements in section 148.6412. 
 17.36     (e) A person who is credentialed in another jurisdiction 
 18.1   may apply for licensure by reciprocity and must meet the 
 18.2   requirements in section 148.6415. 
 18.3      (f) A person who applies for temporary licensure must meet 
 18.4   the requirements in section 148.6418. 
 18.5      Sec. 22.  Minnesota Statutes 2002, section 148.6428, is 
 18.6   amended to read: 
 18.7      148.6428 [CHANGE OF ADDRESS OR EMPLOYMENT.] 
 18.8      A licensee who changes addresses or employment must inform 
 18.9   the commissioner, in writing, of the change of address, 
 18.10  employment, business address, or business telephone number 
 18.11  within 30 days.  All notices or other correspondence mailed to 
 18.12  or served on a licensee by the commissioner at the licensee's 
 18.13  address on file with the commissioner shall be considered as 
 18.14  having been received by the licensee. 
 18.15     Sec. 23.  Minnesota Statutes 2002, section 148.6443, 
 18.16  subdivision 1, is amended to read: 
 18.17     Subdivision 1.  [GENERAL REQUIREMENTS.] An occupational 
 18.18  therapist applying for licensure renewal must have completed a 
 18.19  minimum of 24 contact hours of continuing education in the two 
 18.20  years preceding licensure renewal.  An occupational therapy 
 18.21  assistant applying for licensure renewal must have completed a 
 18.22  minimum of 18 contact hours of continuing education in the two 
 18.23  years preceding licensure renewal.  Licensees who are issued 
 18.24  licenses for a period of less than two years shall prorate the 
 18.25  number of contact hours required for licensure renewal based on 
 18.26  the number of months licensed during the biennial licensure 
 18.27  period.  Licensees shall receive contact hours for continuing 
 18.28  education activities only for the biennial licensure period in 
 18.29  which the continuing education activity was performed. 
 18.30     To qualify as a continuing education activity, the activity 
 18.31  must be a minimum of one contact hour.  Contact hours must be 
 18.32  earned and reported in increments of one contact hour or 
 18.33  one-half contact hour ~~for~~ after the first contact hour of each 
 18.34  continuing education activity.  One-half contact hour means an 
 18.35  instructional session of 30 consecutive minutes, excluding 
 18.36  coffee breaks, registration, meals without a speaker, and social 
 19.1   activities. 
 19.2      Each licensee is responsible for financing the cost of the 
 19.3   licensee's continuing education activities. 
 19.4      Sec. 24.  Minnesota Statutes 2002, section 148.6443, 
 19.5   subdivision 5, is amended to read: 
 19.6      Subd. 5.  [REPORTING CONTINUING EDUCATION CONTACT HOURS.] 
 19.7   ~~At the time of~~ Within one month following licensure ~~renewal~~ 
 19.8   expiration, each licensee shall submit verification that the 
 19.9   licensee has met the continuing education requirements of this 
 19.10  section on the continuing education report form provided by the 
 19.11  commissioner.  The continuing education report form may require 
 19.12  the following information: 
 19.13     (1) title of continuing education activity; 
 19.14     (2) brief description of the continuing education activity; 
 19.15     (3) sponsor, presenter, or author; 
 19.16     (4) location and attendance dates; 
 19.17     (5) number of contact hours; and 
 19.18     (6) licensee's notarized affirmation that the information 
 19.19  is true and correct. 
 19.20                             ARTICLE 2
 19.21                        PHYSICIAN ASSISTANTS
 19.22     Section 1.  Minnesota Statutes 2002, section 147A.02, is 
 19.23  amended to read: 
 19.24     147A.02 [QUALIFICATIONS FOR REGISTRATION.] 
 19.25     Except as otherwise provided in this chapter, an individual 
 19.26  shall be registered by the board before the individual may 
 19.27  practice as a physician assistant. 
 19.28     The board may grant registration as a physician assistant 
 19.29  to an applicant who: 
 19.30     (1) submits an application on forms approved by the board; 
 19.31     (2) pays the appropriate fee as determined by the board; 
 19.32     (3) has current certification from the National Commission 
 19.33  on Certification of Physician Assistants, or its successor 
 19.34  agency as approved by the board; 
 19.35     (4) certifies that the applicant is mentally and physically 
 19.36  able to engage safely in practice as a physician assistant; 
 20.1      (5) has no licensure, certification, or registration as a 
 20.2   physician assistant under current discipline, revocation, 
 20.3   suspension, or probation for cause resulting from the 
 20.4   applicant's practice as a physician assistant, unless the board 
 20.5   considers the condition and agrees to licensure; 
 20.6      (6) ~~has a physician-physician assistant agreement, and~~ 
 20.7   ~~internal protocol and prescribing delegation form, if the~~ 
 20.8   ~~physician assistant has been delegated prescribing authority, as~~ 
 20.9   ~~described in section 147A.18 in place at the address of record;~~ 
 20.10     ~~(7)~~ submits ~~to the board a practice setting description and~~ 
 20.11  any other information the board deems necessary to evaluate the 
 20.12  applicant's qualifications; and 
 20.13     ~~(8)~~ (7) has been approved by the board. 
 20.14     All persons registered as physician assistants as of June 
 20.15  30, 1995, are eligible for continuing registration renewal.  All 
 20.16  persons applying for registration after that date shall be 
 20.17  registered according to this chapter. 
 20.18     Sec. 2.  Minnesota Statutes 2003 Supplement, section 
 20.19  147A.09, subdivision 2, is amended to read: 
 20.20     Subd. 2.  [DELEGATION.] Patient services may include, but 
 20.21  are not limited to, the following, as delegated by the 
 20.22  supervising physician and authorized in the agreement: 
 20.23     (1) taking patient histories and developing medical status 
 20.24  reports; 
 20.25     (2) performing physical examinations; 
 20.26     (3) interpreting and evaluating patient data; 
 20.27     (4) ordering or performing diagnostic procedures, including 
 20.28  radiography; 
 20.29     (5) ordering or performing therapeutic procedures; 
 20.30     (6) providing instructions regarding patient care, disease 
 20.31  prevention, and health promotion; 
 20.32     (7) assisting the supervising physician in patient care in 
 20.33  the home and in health care facilities; 
 20.34     (8) creating and maintaining appropriate patient records; 
 20.35     (9) transmitting or executing specific orders at the 
 20.36  direction of the supervising physician; 
 21.1      (10) prescribing, administering, and dispensing legend 
 21.2   drugs and medical devices if this function has been delegated by 
 21.3   the supervising physician pursuant to and subject to the 
 21.4   limitations of section ~~147.34~~ 147A.18 and chapter 151.  
 21.5   Physician assistants who have been delegated the authority to 
 21.6   prescribe controlled substances shall maintain a separate 
 21.7   addendum to the delegation form which lists all schedules and 
 21.8   categories of controlled substances which the physician 
 21.9   assistant has the authority to prescribe.  This addendum shall 
 21.10  be maintained with the physician-physician assistant agreement, 
 21.11  and the delegation form at the address of record; 
 21.12     (11) for physician assistants not delegated prescribing 
 21.13  authority, administering legend drugs and medical devices 
 21.14  following prospective review for each patient by and upon 
 21.15  direction of the supervising physician; 
 21.16     (12) functioning as an emergency medical technician with 
 21.17  permission of the ambulance service and in compliance with 
 21.18  section 144E.127, and ambulance service rules adopted by the 
 21.19  commissioner of health; 
 21.20     (13) initiating evaluation and treatment procedures 
 21.21  essential to providing an appropriate response to emergency 
 21.22  situations; and 
 21.23     (14) certifying a physical disability under section 
 21.24  169.345, subdivision 2a.  
 21.25     Orders of physician assistants shall be considered the 
 21.26  orders of their supervising physicians in all practice-related 
 21.27  activities, including, but not limited to, the ordering of 
 21.28  diagnostic, therapeutic, and other medical services. 
 21.29     Sec. 3.  Minnesota Statutes 2002, section 147A.20, is 
 21.30  amended to read: 
 21.31     147A.20 [PHYSICIAN AND PHYSICIAN ASSISTANT AGREEMENT.] 
 21.32     (a) A physician assistant and supervising physician must 
 21.33  sign an agreement which specifies scope of practice and amount 
 21.34  and manner of supervision as required by the board.  The 
 21.35  agreement must contain: 
 21.36     (1) a description of the practice setting; 
 22.1      (2) a statement of practice type/specialty; 
 22.2      (3) a listing of categories of delegated duties; 
 22.3      (4) a description of supervision type, amount, and 
 22.4   frequency; and 
 22.5      (5) a description of the process and schedule for review of 
 22.6   prescribing, dispensing, and administering legend and controlled 
 22.7   drugs and medical devices by the physician assistant authorized 
 22.8   to prescribe.  
 22.9      (b) The agreement must be maintained by the supervising 
 22.10  physician and physician assistant and made available to the 
 22.11  board upon request.  If there is a delegation of prescribing, 
 22.12  administering, and dispensing of legend drugs, controlled 
 22.13  substances, and medical devices, the agreement shall include an 
 22.14  internal protocol and delegation form.  Physician assistants 
 22.15  shall have a separate agreement for each place of employment.  
 22.16  Agreements must be reviewed and updated on an annual basis.  The 
 22.17  supervising physician and physician assistant must maintain the 
 22.18  agreement, delegation form, and internal protocol at the address 
 22.19  of record.  Copies shall be provided to the board upon request. 
 22.20     (c) Physician assistants must provide written notification 
 22.21  to the board within 30 days of the following: 
 22.22     (1) name change; 
 22.23     (2) address of record change; 
 22.24     (3) telephone number of record change; and 
 22.25     (4) addition or deletion of alternate supervising physician 
 22.26  provided that the information submitted includes, for an 
 22.27  additional alternate physician, an affidavit of consent to act 
 22.28  as an alternate supervising physician signed by the alternate 
 22.29  supervising physician. 
 22.30     (d) Modifications requiring submission prior to the 
 22.31  effective date are changes to the practice setting description 
 22.32  which include: 
 22.33     (1) supervising physician change, excluding alternate 
 22.34  supervising physicians; or 
 22.35     (2) delegation of prescribing, administering, or dispensing 
 22.36  of legend drugs, controlled substances, or medical devices. 
 23.1      (e) The agreement must be completed and the practice 
 23.2   setting description submitted to the board before providing 
 23.3   medical care as a physician assistant.  
 23.4      Sec. 4.  [EXCEPTION TO REGISTRATION REQUIREMENTS.] 
 23.5      Notwithstanding the requirements of Minnesota Statutes, 
 23.6   section 147A.02, the Board of Medical Practice shall register an 
 23.7   individual as a physician assistant if the individual: 
 23.8      (1) is ineligible for the certification examination by the 
 23.9   National Commission on the Certification of Physician Assistants 
 23.10  because the individual's education took place in a nonaccredited 
 23.11  institution, or the individual was informally trained on the 
 23.12  job; 
 23.13     (2) trained and served in the United States military as a 
 23.14  medic or hospital corpsman on active duty and has continuously 
 23.15  practiced as a physician or surgeon's assistant in Minnesota 
 23.16  since 1976, including a practice which combined in-office 
 23.17  surgical practice with the individual's supervised autonomous 
 23.18  schedule and with assisting in a hospital operating room on 
 23.19  cases warranting a first assistant; 
 23.20     (3) meets the requirements for registration described under 
 23.21  Minnesota Statutes, section 147A.02, clauses (1), (2), (4), (5), 
 23.22  (6), and (7); 
 23.23     (4) submits satisfactory recommendations from a supervising 
 23.24  physician; and 
 23.25     (5) achieves a satisfactory result on any criminal 
 23.26  background or health check required by the board. 
 23.27  The board must accept applications under this section only until 
 23.28  January 1, 2005.  
 23.29     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 23.30  following final enactment.  
 23.31     Sec. 5.  [PROVISIONAL REGISTRATION.] 
 23.32     An individual registered under section 1 is deemed to hold 
 23.33  a provisional registration for two years from the date of 
 23.34  registration.  If there have been no substantiated complaints 
 23.35  against an individual during the provisional period, the board 
 23.36  shall extend full registration to the individual upon completion 
 24.1   of the provisional period. 
 24.2      <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 24.3   following final enactment.  
 24.4                              ARTICLE 3
 24.5                           BOARD OF NURSING
 24.6      Section 1.  Minnesota Statutes 2002, section 148.211, 
 24.7   subdivision 1, is amended to read: 
 24.8      Subdivision 1.  [LICENSURE BY EXAMINATION.] (a) An 
 24.9   applicant for a license to practice as a registered nurse or 
 24.10  licensed practical nurse shall apply to the board for a license 
 24.11  by examination on forms prescribed by the board and pay a fee in 
 24.12  an amount determined by ~~rule~~ statute.  An applicant applying for 
 24.13  reexamination shall pay a fee in an amount determined by 
 24.14  ~~rule~~ law.  In no case may fees be refunded. 
 24.15     ~~Before being scheduled for examination, the applicant shall~~ 
 24.16  ~~provide written evidence verified by oath that the applicant (1)~~ 
 24.17  ~~has not engaged in conduct warranting disciplinary action as set~~ 
 24.18  ~~forth in section 148.261; (2) meets secondary education~~ 
 24.19  ~~requirements as determined by the board and other preliminary~~ 
 24.20  ~~qualification requirements the board may prescribe by rule; and~~ 
 24.21  ~~(3) has completed a course of study in a nursing program~~ 
 24.22  ~~approved by the board, another United States nursing board, or a~~ 
 24.23  ~~Canadian province.  An applicant who graduates from a nursing~~ 
 24.24  ~~program in another country, except Canada, must also~~ 
 24.25  ~~successfully complete the Commission on Graduates of Foreign~~ 
 24.26  ~~Nursing Schools Qualifying Examination.  The nursing program~~ 
 24.27  ~~must be approved for the preparation of applicants for the type~~ 
 24.28  ~~of license for which the application has been submitted.~~ 
 24.29     ~~The applicant must pass a written examination in the~~ 
 24.30  ~~subjects the board may determine.  Written examination includes~~ 
 24.31  ~~both paper and pencil examinations and examinations administered~~ 
 24.32  ~~with a computer and related technology.  Each written~~ 
 24.33  ~~examination may be supplemented by an oral or practical~~ 
 24.34  ~~examination.~~  (b) The applicant must satisfy the following 
 24.35  requirements for licensure by examination: 
 24.36     (1) present evidence the applicant has not engaged in 
 25.1   conduct warranting disciplinary action as set forth in section 
 25.2   148.261; 
 25.3      (2) present evidence of completion of a nursing education 
 25.4   program approved by the board, another United States nursing 
 25.5   board, or a Canadian province which prepared the applicant for 
 25.6   the type of license for which the application has been 
 25.7   submitted; and 
 25.8      (3) pass a national nurse licensure written examination.  
 25.9   "Written examination" includes paper and pencil examinations and 
 25.10  examinations administered with a computer and related technology 
 25.11  and may include supplemental oral or practical examinations 
 25.12  approved by the board.  
 25.13     (c) An applicant who graduated from an approved nursing 
 25.14  education program in Canada and was licensed in Canada or 
 25.15  another United States jurisdiction without passing the national 
 25.16  nurse licensure examination, must also submit a verification of 
 25.17  licensure from the original Canadian licensure authority or from 
 25.18  the United States jurisdiction. 
 25.19     (d) An applicant who graduated from a nursing program in a 
 25.20  country other than the United States or Canada must also satisfy 
 25.21  the following requirements: 
 25.22     (1) present verification of graduation from a nursing 
 25.23  education program which prepared the applicant for the type of 
 25.24  license for which the application has been submitted and is 
 25.25  determined to be equivalent to the education required in the 
 25.26  same type of nursing education programs in the United States as 
 25.27  evaluated by a credentials evaluation service acceptable to the 
 25.28  board.  The credentials evaluation service must submit the 
 25.29  evaluation and verification directly to the board; 
 25.30     (2) demonstrate successful completion of coursework to 
 25.31  resolve identified nursing education deficiencies; and 
 25.32     (3) pass examinations acceptable to the board that test 
 25.33  written and spoken English, unless the applicant graduated from 
 25.34  a nursing education program conducted in English and located in 
 25.35  an English-speaking country.  The results of the examinations 
 25.36  must be submitted directly to the board from the testing service.
 26.1      (e) An applicant failing to pass the examination may apply 
 26.2   for reexamination. 
 26.3      ~~Upon submission by the applicant of an affidavit of~~ 
 26.4   ~~graduation or transcript from an approved nursing program as~~ 
 26.5   ~~well as proof that the applicant has passed the examination,~~ 
 26.6   ~~paid the required fees, and~~ (f) When the applicant has met all 
 26.7   ~~other~~ requirements stated in this subdivision, the board shall 
 26.8   issue a license to the applicant.  The board may issue a license 
 26.9   with conditions and limitations if it considers it necessary to 
 26.10  protect the public.  
 26.11     Sec. 2.  Minnesota Statutes 2003 Supplement, section 
 26.12  148.212, subdivision 1, is amended to read: 
 26.13     Subdivision 1.  [ISSUANCE.] Upon receipt of the applicable 
 26.14  licensure or reregistration fee and permit fee, and in 
 26.15  accordance with rules of the board, the board may issue a 
 26.16  nonrenewable temporary permit to practice professional or 
 26.17  practical nursing to an applicant for licensure or 
 26.18  reregistration who is not the subject of a pending investigation 
 26.19  or disciplinary action, nor disqualified for any other reason, 
 26.20  under the following circumstances: 
 26.21     (a) The applicant for licensure by examination under 
 26.22  section 148.211, subdivision 1, has graduated from an approved 
 26.23  nursing program within the 60 days preceding board receipt of an 
 26.24  affidavit of graduation or transcript and has been authorized by 
 26.25  the board to write the licensure examination for the first time 
 26.26  in the United States.  The permit holder must practice 
 26.27  professional or practical nursing under the direct supervision 
 26.28  of a registered nurse.  The permit is valid from the date of 
 26.29  issue until the date the board takes action on the application 
 26.30  or for 60 days whichever occurs first. 
 26.31     (b) The applicant for licensure by endorsement under 
 26.32  section 148.211, subdivision 2, is currently licensed to 
 26.33  practice professional or practical nursing in another state, 
 26.34  territory, or Canadian province.  The permit is valid from 
 26.35  submission of a proper request until the date of board action on 
 26.36  the application. 
 27.1      (c) The applicant for licensure by endorsement under 
 27.2   section 148.211, subdivision 2, or for reregistration under 
 27.3   section 148.231, subdivision 5, is currently registered in a 
 27.4   formal, structured refresher course or its equivalent for nurses 
 27.5   that includes clinical practice. 
 27.6      (d) The applicant for licensure by examination under 
 27.7   section 148.211, subdivision 1, ~~has been issued a Commission on~~ 
 27.8   ~~Graduates of Foreign Nursing Schools certificate,~~ who graduated 
 27.9   from a nursing program in a country other than the United States 
 27.10  or Canada has completed all requirements for licensure 
 27.11  except ~~the~~ registering for and taking the nurse licensure 
 27.12  examination~~, and has been authorized by the board to write the~~ 
 27.13  ~~licensure examination~~ for the first time in the United States.  
 27.14  The permit holder must practice professional nursing under the 
 27.15  direct supervision of a registered nurse.  The permit is valid 
 27.16  from the date of issue until the date the board takes action on 
 27.17  the application or for 60 days, whichever occurs first. 
 27.18     Sec. 3.  Minnesota Statutes 2002, section 148.284, is 
 27.19  amended to read: 
 27.20     148.284 [CERTIFICATION OF ADVANCED PRACTICE REGISTERED 
 27.21  NURSES.] 
 27.22     (a) No person shall practice advanced practice registered 
 27.23  nursing or use any title, abbreviation, or other designation 
 27.24  tending to imply that the person is an advanced practice 
 27.25  registered nurse, clinical nurse specialist, nurse anesthetist, 
 27.26  nurse-midwife, or nurse practitioner unless the person is 
 27.27  certified for such advanced practice registered nursing by a 
 27.28  national nurse certification organization. 
 27.29     (b) ~~Paragraph~~ Paragraphs (a) ~~does~~ and (e) do not apply to 
 27.30  an advanced practice registered nurse who is within six months 
 27.31  after completion of an advanced practice registered nurse course 
 27.32  of study and is awaiting certification, provided that the person 
 27.33  has not previously failed the certification examination.  
 27.34     (c) An advanced practice registered nurse who has completed 
 27.35  a formal course of study as an advanced practice registered 
 27.36  nurse and has been certified by a national nurse certification 
 28.1   organization prior to January 1, 1999, may continue to practice 
 28.2   in the field of nursing in which the advanced practice 
 28.3   registered nurse is practicing as of July 1, 1999, regardless of 
 28.4   the type of certification held if the advanced practice 
 28.5   registered nurse is not eligible for the proper certification. 
 28.6      (d) Prior to July 1, 2007, a clinical nurse specialist may 
 28.7   petition the board for waiver from the certification requirement 
 28.8   in paragraph (a) if the clinical nurse specialist is 
 28.9   academically prepared as a clinical nurse specialist in a 
 28.10  specialty area for which there is no certification within the 
 28.11  clinical nurse specialist role and specialty or a related 
 28.12  specialty.  The board may determine that an available 
 28.13  certification as a clinical nurse specialist in a related 
 28.14  specialty must be obtained in lieu of the specific specialty or 
 28.15  subspecialty.  The petitioner must be academically prepared as a 
 28.16  clinical nurse specialist in a specific field of clinical nurse 
 28.17  specialist practice with a master's degree in nursing that 
 28.18  included clinical experience in the clinical specialty and must 
 28.19  have 1,000 hours of supervised clinical experience in the 
 28.20  clinical specialty for which the individual was academically 
 28.21  prepared with a minimum of 500 hours of supervised clinical 
 28.22  practice after graduation.  The board may grant a nonrenewable 
 28.23  permit for no longer than 12 months for the supervised 
 28.24  postgraduate clinical experience.  The board may renew the 
 28.25  waiver for three-year periods provided the clinical nurse 
 28.26  specialist continues to be ineligible for certification as a 
 28.27  clinical nurse specialist by an organization acceptable to the 
 28.28  board. 
 28.29     (e) An advanced practice registered nurse who practices 
 28.30  advanced practice registered nursing without current 
 28.31  certification or current waiver of certification as a clinical 
 28.32  nurse specialist, nurse midwife, nurse practitioner, or 
 28.33  registered nurse anesthetist, or practices with current 
 28.34  certification but fails to notify the board of current 
 28.35  certification, shall pay a penalty fee of $200 for the first 
 28.36  month or part of a month and an additional $100 for each 
 29.1   subsequent month or parts of months of practice.  The amount of 
 29.2   the penalty fee shall be calculated from the first day the 
 29.3   advanced practice registered nurse practiced without current 
 29.4   advanced practice registered nurse certification or current 
 29.5   waiver of certification to the date of last practice or from the 
 29.6   first day the advanced practice registered nurse practiced 
 29.7   without the current status on file with the board until the day 
 29.8   the current certification is filed with the board.  
 29.9                              ARTICLE 4
 29.10                         BOARD OF DENTISTRY
 29.11     Section 1.  Minnesota Statutes 2003 Supplement, section 
 29.12  116J.70, subdivision 2a, is amended to read: 
 29.13     Subd. 2a.  [LICENSE; EXCEPTIONS.] "Business license" or 
 29.14  "license" does not include the following:  
 29.15     (1) any occupational license or registration issued by a 
 29.16  licensing board listed in section 214.01 or any occupational 
 29.17  registration issued by the commissioner of health pursuant to 
 29.18  section 214.13; 
 29.19     (2) any license issued by a county, home rule charter city, 
 29.20  statutory city, township, or other political subdivision; 
 29.21     (3) any license required to practice the following 
 29.22  occupation regulated by the following sections:  
 29.23     (i) abstracters regulated pursuant to chapter 386; 
 29.24     (ii) accountants regulated pursuant to chapter 326A; 
 29.25     (iii) adjusters regulated pursuant to chapter 72B; 
 29.26     (iv) architects regulated pursuant to chapter 326; 
 29.27     (v) assessors regulated pursuant to chapter 270; 
 29.28     (vi) athletic trainers regulated pursuant to chapter 148; 
 29.29     (vii) attorneys regulated pursuant to chapter 481; 
 29.30     (viii) auctioneers regulated pursuant to chapter 330; 
 29.31     (ix) barbers regulated pursuant to chapter 154; 
 29.32     (x) beauticians regulated pursuant to chapter 155A; 
 29.33     (xi) boiler operators regulated pursuant to chapter 183; 
 29.34     (xii) chiropractors regulated pursuant to chapter 148; 
 29.35     (xiii) collection agencies regulated pursuant to chapter 
 29.36  332; 
 30.1      (xiv) cosmetologists regulated pursuant to chapter 155A; 
 30.2      (xv) dentists, ~~registered~~ dental assistants, and dental 
 30.3   hygienists regulated pursuant to chapter 150A; 
 30.4      (xvi) detectives regulated pursuant to chapter 326; 
 30.5      (xvii) electricians regulated pursuant to chapter 326; 
 30.6      (xviii) mortuary science practitioners regulated pursuant 
 30.7   to chapter 149A; 
 30.8      (xix) engineers regulated pursuant to chapter 326; 
 30.9      (xx) insurance brokers and salespersons regulated pursuant 
 30.10  to chapter 60A; 
 30.11     (xxi) certified interior designers regulated pursuant to 
 30.12  chapter 326; 
 30.13     (xxii) midwives regulated pursuant to chapter 147D; 
 30.14     (xxiii) nursing home administrators regulated pursuant to 
 30.15  chapter 144A; 
 30.16     (xxiv) optometrists regulated pursuant to chapter 148; 
 30.17     (xxv) osteopathic physicians regulated pursuant to chapter 
 30.18  147; 
 30.19     (xxvi) pharmacists regulated pursuant to chapter 151; 
 30.20     (xxvii) physical therapists regulated pursuant to chapter 
 30.21  148; 
 30.22     (xxviii) physician assistants regulated pursuant to chapter 
 30.23  147A; 
 30.24     (xxix) physicians and surgeons regulated pursuant to 
 30.25  chapter 147; 
 30.26     (xxx) plumbers regulated pursuant to chapter 326; 
 30.27     (xxxi) podiatrists regulated pursuant to chapter 153; 
 30.28     (xxxii) practical nurses regulated pursuant to chapter 148; 
 30.29     (xxxiii) professional fund-raisers regulated pursuant to 
 30.30  chapter 309; 
 30.31     (xxxiv) psychologists regulated pursuant to chapter 148; 
 30.32     (xxxv) real estate brokers, salespersons, and others 
 30.33  regulated pursuant to chapters 82 and 83; 
 30.34     (xxxvi) registered nurses regulated pursuant to chapter 
 30.35  148; 
 30.36     (xxxvii) securities brokers, dealers, agents, and 
 31.1   investment advisers regulated pursuant to chapter 80A; 
 31.2      (xxxviii) steamfitters regulated pursuant to chapter 326; 
 31.3      (xxxix) teachers and supervisory and support personnel 
 31.4   regulated pursuant to chapter 125; 
 31.5      (xl) veterinarians regulated pursuant to chapter 156; 
 31.6      (xli) water conditioning contractors and installers 
 31.7   regulated pursuant to chapter 326; 
 31.8      (xlii) water well contractors regulated pursuant to chapter 
 31.9   103I; 
 31.10     (xliii) water and waste treatment operators regulated 
 31.11  pursuant to chapter 115; 
 31.12     (xliv) motor carriers regulated pursuant to chapter 221; 
 31.13     (xlv) professional firms regulated under chapter 319B; 
 31.14     (xlvi) real estate appraisers regulated pursuant to chapter 
 31.15  82B; 
 31.16     (xlvii) residential building contractors, residential 
 31.17  remodelers, residential roofers, manufactured home installers, 
 31.18  and specialty contractors regulated pursuant to chapter 326; 
 31.19     (xlviii) licensed professional counselors regulated 
 31.20  pursuant to chapter 148B; 
 31.21     (4) any driver's license required pursuant to chapter 171; 
 31.22     (5) any aircraft license required pursuant to chapter 360; 
 31.23     (6) any watercraft license required pursuant to chapter 
 31.24  86B; 
 31.25     (7) any license, permit, registration, certification, or 
 31.26  other approval pertaining to a regulatory or management program 
 31.27  related to the protection, conservation, or use of or 
 31.28  interference with the resources of land, air, or water, which is 
 31.29  required to be obtained from a state agency or instrumentality; 
 31.30  and 
 31.31     (8) any pollution control rule or standard established by 
 31.32  the Pollution Control Agency or any health rule or standard 
 31.33  established by the commissioner of health or any licensing rule 
 31.34  or standard established by the commissioner of human services. 
 31.35     Sec. 2.  Minnesota Statutes 2002, section 144.054, 
 31.36  subdivision 2, is amended to read: 
 32.1      Subd. 2.  [HIV; HBV.] The commissioner may subpoena 
 32.2   privileged medical information of patients who may have been 
 32.3   exposed by a licensed dental hygienist, dentist, physician, 
 32.4   nurse, podiatrist, ~~a registered~~ or dental assistant~~,~~ or a 
 32.5   physician's assistant who is infected with the human 
 32.6   immunodeficiency virus (HIV) or hepatitis B virus (HBV) when the 
 32.7   commissioner has determined that it may be necessary to notify 
 32.8   those patients that they may have been exposed to HIV or HBV. 
 32.9      Sec. 3.  Minnesota Statutes 2002, section 150A.01, 
 32.10  subdivision 5, is amended to read: 
 32.11     Subd. 5.  [DENTAL ~~ASSISTANT~~ AIDE.] "Dental ~~assistant~~ aide" 
 32.12  means a person performing acts authorized under section 150A.10, 
 32.13  subdivision 2.  
 32.14     Sec. 4.  Minnesota Statutes 2002, section 150A.01, 
 32.15  subdivision 8, is amended to read: 
 32.16     Subd. 8.  [~~REGISTERED~~ DENTAL ASSISTANT.] "~~Registered~~ Dental 
 32.17  assistant" means a person ~~registered~~ licensed pursuant to 
 32.18  ~~section 150A.06~~ sections 150A.01 to 150A.12 to perform the 
 32.19  services authorized pursuant to sections 150A.05, subdivision 
 32.20  1b, and 150A.10, subdivision 2. 
 32.21     Sec. 5.  Minnesota Statutes 2002, section 150A.02, 
 32.22  subdivision 1, is amended to read: 
 32.23     Subdivision 1.  There is hereby created a Board of 
 32.24  Dentistry whose duty it shall be to carry out the purposes and 
 32.25  enforce the provisions of sections 150A.01 to 150A.12.  The 
 32.26  board shall consist of two public members as defined by section 
 32.27  214.02, five qualified resident dentists, one qualified resident 
 32.28  ~~registered~~ dental assistant, and one qualified resident dental 
 32.29  hygienist appointed by the governor.  Membership terms, 
 32.30  compensation of members, removal of members, the filling of 
 32.31  membership vacancies, and fiscal year and reporting requirements 
 32.32  shall be as provided in sections 214.07 to 214.09.  The 
 32.33  provision of staff, administrative services and office space; 
 32.34  the review and processing of board complaints; the setting of 
 32.35  board fees; and other provisions relating to board operations 
 32.36  shall be as provided in chapter 214.  Each board member who is a 
 33.1   dentist, ~~registered~~ dental assistant, or dental hygienist shall 
 33.2   have been lawfully in active practice in this state for five 
 33.3   years immediately preceding appointment; and no board member 
 33.4   shall be eligible for appointment to more than two consecutive 
 33.5   four-year terms, and members serving on the board at the time of 
 33.6   the enactment hereof shall be eligible to reappointment provided 
 33.7   they shall not have served more than nine consecutive years at 
 33.8   the expiration of the term to which they are to be appointed.  
 33.9   At least 90 days prior to the expiration of the terms of 
 33.10  dentists, ~~registered~~ dental assistants, or dental hygienists, 
 33.11  the Minnesota Dental Association, Minnesota Dental Assistants 
 33.12  Association, or the Minnesota State Dental Hygiene Association 
 33.13  shall recommend to the governor for each term expiring not less 
 33.14  than two dentists, two ~~registered~~ dental assistants, or two 
 33.15  dental hygienists, respectively, who are qualified to serve on 
 33.16  the board, and from the list so recommended the governor may 
 33.17  appoint members to the board for the term of four years, the 
 33.18  appointments to be made within 30 days after the expiration of 
 33.19  the terms.  Within 60 days after the occurrence of a dentist, 
 33.20  ~~registered~~ dental assistant, or dental hygienist vacancy, prior 
 33.21  to the expiration of the term, in the board, the Minnesota 
 33.22  Dental Association, the Minnesota Dental Assistants Association, 
 33.23  or the Minnesota State Dental Hygiene Association shall 
 33.24  recommend to the governor not less than two dentists, two 
 33.25  ~~registered~~ dental assistants, or two dental hygienists, who are 
 33.26  qualified to serve on the board and from the list so recommended 
 33.27  the governor, within 30 days after receiving such list of 
 33.28  dentists, may appoint one member to the board for the unexpired 
 33.29  term occasioned by such vacancy.  Any appointment to fill a 
 33.30  vacancy shall be made within 90 days after the occurrence of 
 33.31  such vacancy.  The first four-year term of the dental hygienist 
 33.32  and of the ~~registered~~ dental assistant shall commence on the 
 33.33  first Monday in January, 1977. 
 33.34     Sec. 6.  Minnesota Statutes 2002, section 150A.03, 
 33.35  subdivision 1, is amended to read: 
 33.36     Subdivision 1.  [OFFICERS.] The board shall elect from its 
 34.1   members a president, a vice-president, and a secretary.  The 
 34.2   board shall have a common seal.  It may hold meetings at such 
 34.3   times as may be necessary and as it may determine.  The board 
 34.4   may affiliate and participate, both in and out-of-state, with 
 34.5   regional and national testing agencies for the purpose of 
 34.6   conducting examinations for licensure ~~and registration~~.  The fee 
 34.7   charged by such an agency for conducting the examination may be 
 34.8   in addition to the application fee established by the board 
 34.9   pursuant to section 150A.06. 
 34.10     Sec. 7.  Minnesota Statutes 2002, section 150A.05, is 
 34.11  amended by adding a subdivision to read: 
 34.12     Subd. 1b.  [PRACTICE OF DENTAL ASSISTING.] A person shall 
 34.13  be deemed to be practicing as a dental assistant within the 
 34.14  meaning of sections 150A.01 to 150A.12 who performs any duty or 
 34.15  related services delegated by a licensed dentist as permitted by 
 34.16  the rules of the board. 
 34.17     Sec. 8.  Minnesota Statutes 2002, section 150A.05, 
 34.18  subdivision 2, is amended to read: 
 34.19     Subd. 2.  [EXEMPTIONS AND EXCEPTIONS OF CERTAIN PRACTICES 
 34.20  AND OPERATIONS.] Sections 150A.01 to 150A.12 do not apply to: 
 34.21     (1) the practice of dentistry ~~or~~, dental hygiene, or dental 
 34.22  assisting in any branch of the armed services of the United 
 34.23  States, the United States Public Health Service, or the United 
 34.24  States Veterans Administration; 
 34.25     (2) the practice of dentistry, dental hygiene, or dental 
 34.26  assisting by undergraduate dental students, dental hygiene 
 34.27  students, and dental assisting students of the University of 
 34.28  Minnesota, schools of dental hygiene, or schools of dental 
 34.29  assisting approved by the board, when acting under the direction 
 34.30  and supervision of a licensed dentist ~~or~~, a licensed dental 
 34.31  hygienist, or a licensed dental assistant acting as an 
 34.32  instructor; 
 34.33     (3) the practice of dentistry by licensed dentists of other 
 34.34  states or countries while appearing as clinicians under the 
 34.35  auspices of a duly approved dental school or college, or a 
 34.36  reputable dental society, or a reputable dental study club 
 35.1   composed of dentists; 
 35.2      (4) the actions of persons while they are taking 
 35.3   examinations for licensure ~~or registration~~ administered or 
 35.4   approved by the board pursuant to sections 150A.03, subdivision 
 35.5   1, and 150A.06, subdivisions 1, 2, and 2a; 
 35.6      (5) the practice of dentistry by dentists and dental 
 35.7   hygienists licensed by other states during their functioning as 
 35.8   examiners responsible for conducting licensure ~~or registration~~ 
 35.9   examinations administered by regional and national testing 
 35.10  agencies with whom the board is authorized to affiliate and 
 35.11  participate under section 150A.03, subdivision 1, and the 
 35.12  practice of dentistry by the regional and national testing 
 35.13  agencies during their administering examinations pursuant to 
 35.14  section 150A.03, subdivision 1; 
 35.15     (6) the use of X-rays or other diagnostic imaging 
 35.16  modalities for making radiographs or other similar records in a 
 35.17  hospital under the supervision of a physician or dentist or by a 
 35.18  person who is credentialed to use diagnostic imaging modalities 
 35.19  or X-ray machines for dental treatment, roentgenograms, or 
 35.20  dental diagnostic purposes by a credentialing agency other than 
 35.21  the Board of Dentistry; or 
 35.22     (7) the service, other than service performed directly upon 
 35.23  the person of a patient, of constructing, altering, repairing, 
 35.24  or duplicating any denture, partial denture, crown, bridge, 
 35.25  splint, orthodontic, prosthetic, or other dental appliance, when 
 35.26  performed according to a written work order from a licensed 
 35.27  dentist in accordance with section 150A.10, subdivision 3. 
 35.28     Sec. 9.  Minnesota Statutes 2002, section 150A.06, as 
 35.29  amended by Laws 2003, First Special Session chapter 5, sections 
 35.30  1, 2, and 3, is amended to read: 
 35.31     150A.06 [LICENSURE.] 
 35.32     Subdivision 1.  [DENTISTS.] A person of good moral 
 35.33  character ~~not already a licensed dentist of the state~~ who has 
 35.34  graduated from a dental program accredited by the Commission on 
 35.35  Dental Accreditation of the American Dental Association, having 
 35.36  submitted an application and fee as prescribed by the board ~~and~~ 
 36.1   ~~the diploma or equivalent awarded to the person by a dental~~ 
 36.2   ~~college approved by the board~~, may be examined by the board or 
 36.3   by an agency pursuant to section 150A.03, subdivision 1, in a 
 36.4   manner to test the applicant's fitness to practice dentistry.  A 
 36.5   graduate of a dental college in another country must not be 
 36.6   disqualified from examination solely because of the applicant's 
 36.7   foreign training if the board determines that the training is 
 36.8   equivalent to or higher than that provided by a dental college 
 36.9   ~~approved~~ accredited by the Commission on Dental Accreditation of 
 36.10  the American Dental Association ~~or a successor organization~~.  In 
 36.11  the case of examinations conducted pursuant to section 150A.03, 
 36.12  subdivision 1, applicants ~~may~~ shall take the examination prior 
 36.13  to applying to the board for licensure.  The examination shall 
 36.14  include an examination of the applicant's knowledge of the laws 
 36.15  of Minnesota relating to dentistry and the rules of the board.  
 36.16  An applicant is ineligible to retake the clinical examination 
 36.17  required by the board after failing it twice until further 
 36.18  education and training are obtained as specified by the board by 
 36.19  rule.  A separate, nonrefundable fee may be charged for each 
 36.20  time a person applies.  An applicant who passes the examination 
 36.21  in compliance with subdivision 2b, abides by professional 
 36.22  ethical conduct requirements, and meets all other requirements 
 36.23  of the board shall be licensed to practice dentistry 
 36.24  and ~~supplied with~~ granted a general dentist license by the board.
 36.25     Subd. 1a.  [FACULTY DENTISTS.] (a) Faculty members of a 
 36.26  school of dentistry must be licensed ~~or registered~~ in order to 
 36.27  practice dentistry as defined in section 150A.05.  The board may 
 36.28  issue to members of the faculty of a school of dentistry a 
 36.29  license designated as either a "limited faculty license" or a 
 36.30  "full faculty license" entitling the holder to practice 
 36.31  dentistry within the terms described in paragraph (b) or (c).  
 36.32  The dean of ~~the~~ a school of dentistry and program directors of 
 36.33  ~~accredited~~ a Minnesota dental hygiene or dental assisting 
 36.34  ~~schools~~ school accredited by the Commission on Dental 
 36.35  Accreditation of the American Dental Association shall certify 
 36.36  to the board those members of the school's faculty who practice 
 37.1   dentistry but are not licensed to practice dentistry in 
 37.2   Minnesota.  A faculty member who practices dentistry as defined 
 37.3   in section 150A.05, before beginning duties in ~~the~~ a school of 
 37.4   dentistry or a dental hygiene or dental assisting school, shall 
 37.5   apply to the board for a limited or full faculty license.  The 
 37.6   license expires the next July 1 and may, at the discretion of 
 37.7   the board, be renewed on a yearly basis.  The faculty applicant 
 37.8   shall pay a nonrefundable fee set by the board for issuing and 
 37.9   renewing the faculty license.  The faculty license is valid 
 37.10  during the time the holder remains a member of the faculty of a 
 37.11  school of dentistry or a dental hygiene or dental assisting 
 37.12  school and subjects the holder to this chapter.  
 37.13     (b) The board may issue to dentist members of the faculty 
 37.14  of ~~an accredited~~ a Minnesota school of dentistry, dental 
 37.15  hygiene, or dental assisting accredited by the Commission on 
 37.16  Dental Accreditation of the American Dental Association, a 
 37.17  license designated as a limited faculty license entitling the 
 37.18  holder to practice dentistry within the school and its 
 37.19  affiliated teaching facilities, but only for the purposes 
 37.20  of ~~instructing~~ teaching or conducting research.  The practice of 
 37.21  dentistry at a school facility for purposes other than 
 37.22  ~~instruction~~ teaching or research is not allowed unless the 
 37.23  ~~faculty member is licensed under subdivision 1 or is~~ dentist was 
 37.24  a faculty member on August 1, 1993.  
 37.25     (c) The board may issue to dentist members of the faculty 
 37.26  of ~~an accredited~~ a Minnesota school of dentistry, dental 
 37.27  hygiene, or dental assisting accredited by the Commission on 
 37.28  Dental Accreditation of the American Dental Association, a 
 37.29  license designated as a full faculty license entitling the 
 37.30  holder to practice dentistry within the school and its 
 37.31  affiliated teaching facilities and elsewhere if the holder of 
 37.32  the license is employed 50 percent time or more by the school in 
 37.33  the practice of teaching or research, and upon successful review 
 37.34  by the board of the applicant's qualifications as described in 
 37.35  subdivisions 1, 1c, and 4, and board rule.  The board, at its 
 37.36  discretion, may waive specific licensing prerequisites. 
 38.1      Subd. 1b.  [RESIDENT DENTISTS.] A person who is a graduate 
 38.2   of a dental school and is an enrolled graduate student or 
 38.4   student of an accredited advanced dental education program and 
 38.5   who is not licensed to practice dentistry in the state shall 
 38.6   obtain from the board a license to practice dentistry as a 
 38.7   resident dentist.  The license must be designated "resident 
 38.8   dentist license" and authorizes the licensee to practice 
 38.9   dentistry only under the supervision of a licensed dentist.  A 
 38.10  resident dentist license must be renewed annually pursuant to 
 38.11  the board's rules.  An applicant for a resident dentist license 
 38.12  shall pay a nonrefundable fee set by the board for issuing and 
 38.13  renewing the license.  The requirements of sections 150A.01 to 
 38.14  150A.21 apply to resident dentists except as specified in rules 
 38.15  adopted by the board.  A resident dentist license does not 
 38.16  qualify a person for licensure under subdivision 1.  ~~This~~ 
 38.17  ~~subdivision takes effect on September 1 following the date that~~ 
 38.18  ~~the rules adopted under this subdivision become effective.~~  
 38.19     Subd. 1c.  [SPECIALTY DENTISTS.] (a) The board may grant a 
 38.20  specialty license in the ~~following~~ specialty areas of dentistry~~:~~ 
 38.21     ~~(1) endodontics;~~ 
 38.22     ~~(2) oral and maxillofacial surgery;~~ 
 38.23     ~~(3) oral pathology;~~ 
 38.24     ~~(4) orthodontics;~~ 
 38.25     ~~(5) pediatric dentistry;~~ 
 38.26     ~~(6) periodontics;~~ 
 38.27     ~~(7) prosthodontics; and~~ 
 38.28     ~~(8) public health~~ that are recognized by the American 
 38.29  Dental Association. 
 38.30     (b) ~~Notwithstanding section 147.081, subdivision 3, a~~ 
 38.31  ~~person practicing in the specialty area of oral and~~ 
 38.32  ~~maxillofacial surgery must either be licensed by the board under~~ 
 38.33  ~~subdivision 1, or have a specialty license in the oral and~~ 
 38.34  ~~maxillofacial surgery specialty area.  Notwithstanding paragraph~~ 
 38.35  ~~(c), an oral and maxillofacial surgery specialty license may be~~ 
 38.36  ~~issued to a person not licensed under subdivision 1.~~  An 
 38.37  applicant for a specialty license shall: 
 39.1      (1) have successfully completed a postdoctoral specialty 
 39.2   education program accredited by the Commission on Dental 
 39.3   Accreditation of the American Dental Association, or have 
 39.4   announced a limitation of practice before 1967; 
 39.5      (2) have been certified by a specialty examining board 
 39.6   approved by the Minnesota Board of Dentistry, or provide 
 39.7   evidence of having passed a clinical examination for licensure 
 39.8   in another state or Canadian province, or in the case of oral 
 39.9   and maxillofacial surgeons only, have a Minnesota medical 
 39.10  license in good standing; 
 39.11     (3) have been in active practice or a postdoctoral 
 39.12  specialty education program or United States government service 
 39.13  at least 2,000 hours in the 36 months prior to applying for a 
 39.14  specialty license; 
 39.15     (4) be interviewed by a committee of the board, which may 
 39.16  include the assistance of specialists in the evaluation process, 
 39.17  and satisfactorily respond to questions designed to determine 
 39.18  the applicant's knowledge of dental subjects and ability to 
 39.19  practice; 
 39.20     (5) if requested by the board, present complete records on 
 39.21  a sample of patients treated by the applicant.  The sample must 
 39.22  be drawn from patients treated by the applicant during the 36 
 39.23  months preceding the date of application.  The number of records 
 39.24  shall be established by the board.  The records shall be 
 39.25  reasonably representative of the treatment typically provided by 
 39.26  the applicant; 
 39.27     (6) at board discretion, pass a board-approved English 
 39.28  proficiency test if English is not the applicant's primary 
 39.29  language; 
 39.30     (7) pass all components of the National Dental Board 
 39.31  examinations; 
 39.32     (8) pass the Minnesota Board of Dentistry jurisprudence 
 39.33  examination; 
 39.34     (9) abide by professional ethical conduct requirements; and 
 39.35     (10) meet all other requirements prescribed by the Board of 
 39.36  Dentistry. 
 40.1      (c) ~~An applicant for a specialty license shall~~ The 
 40.2   application must include: 
 40.3      ~~(1) have successfully completed an advanced education~~ 
 40.4   ~~program approved by the Commission on Accreditation in one of~~ 
 40.5   ~~the specialty areas;~~ 
 40.6      ~~(2) have announced a limitation of practice before 1967; or~~ 
 40.7      ~~(3) have been certified by a specialty examining board~~ 
 40.8   ~~approved by the board.~~  
 40.9      ~~The board shall also require the applicant to be licensed~~ 
 40.10  ~~under subdivision 1 or have an equivalent license in another~~ 
 40.11  ~~state as determined by the board, meet all other requirements~~ 
 40.12  ~~prescribed by the board, and pay a nonrefundable fee set by the~~ 
 40.13  ~~board.~~ 
 40.14     (1) a completed application furnished by the board; 
 40.15     (2) at least two character references from two different 
 40.16  dentists, one of whom must be a dentist practicing in the same 
 40.17  specialty area, and the other the director of the specialty 
 40.18  program attended; 
 40.19     (3) a licensed physician's statement attesting to the 
 40.20  applicant's physical and mental condition; 
 40.21     (4) a statement from a licensed ophthalmologist or 
 40.22  optometrist attesting to the applicant's visual acuity; 
 40.23     (5) a nonrefundable fee set by the board; and 
 40.24     (6) a notarized, unmounted passport-type photograph, three 
 40.25  inches by three inches, taken not more than six months before 
 40.26  the date of application. 
 40.27     (d) ~~A dentist with an equivalent license in another state~~ 
 40.28  ~~and a specialty license in Minnesota is limited in Minnesota to~~ 
 40.29  ~~practicing only in the specialty license area as defined by the~~ 
 40.30  ~~board.~~  A specialty dentist holding a specialty license is 
 40.31  limited to practicing in the dentist's designated specialty 
 40.32  area.  The scope of practice must be defined by each national 
 40.33  specialty board recognized by the American Dental Association. 
 40.34     (e) A specialty dentist holding a general dentist license 
 40.35  is limited to practicing in the dentist's designated specialty 
 40.36  area if the dentist has announced a limitation of practice.  The 
 41.1   scope of practice must be defined by each national specialty 
 41.2   board recognized by the American Dental Association. 
 41.3      (f) All specialty dentists who have fulfilled the specialty 
 41.4   dentist requirements and who intend to limit their practice to a 
 41.5   particular specialty area after January 1, 2005, must apply for 
 41.6   a specialty license.  Dentists who were licensed under section 
 41.7   150A.06 prior to January 1, 2005, and who limit their practice 
 41.8   to a specialty recognized by the American Dental Association, 
 41.9   may apply for a specialty license but are not required to do so. 
 41.10     Subd. 2.  [DENTAL HYGIENISTS.] A person of good moral 
 41.11  character ~~not already a licensed dental hygienist of this state~~, 
 41.12  who has graduated from a dental hygiene program ~~established in~~ 
 41.13  ~~an institution that is accredited by an accrediting agency~~ 
 41.14  ~~recognized by the United States Department of Education to offer~~ 
 41.15  ~~college-level programs~~ accredited by the Commission on Dental 
 41.16  Accreditation of the American Dental Association may apply for 
 41.17  licensure.  The dental hygiene program must provide a minimum of 
 41.18  two academic years of dental hygiene ~~curriculum and be~~ 
 41.19  ~~accredited by the American Dental Association Commission on~~ 
 41.20  ~~Dental Accreditation~~ education.  The applicant must submit an 
 41.21  application and fee as prescribed by the board and a diploma or 
 41.22  certificate of dental hygiene.  Prior to being licensed, the 
 41.23  applicant must pass the National Board of Dental Hygiene 
 41.24  examination and a board approved examination designed to 
 41.25  determine the applicant's clinical competency.  In the case of 
 41.26  examinations conducted pursuant to section 150A.03, subdivision 
 41.27  1, applicants ~~may~~ shall take the examination before applying to 
 41.28  the board for licensure.  The applicant must also pass an 
 41.29  examination testing the applicant's knowledge of the laws of 
 41.30  Minnesota relating to the practice of dentistry and of the rules 
 41.31  of the board.  An applicant is ineligible to retake the clinical 
 41.32  examination required by the board after failing it twice until 
 41.33  further education and training are obtained as specified by ~~the~~ 
 41.34  board ~~by~~ rule.  A separate, nonrefundable fee may be charged for 
 41.35  each time a person applies.  An applicant who passes the 
 41.36  examination in compliance with subdivision 2b, abides by 
 42.1   professional ethical conduct requirements, and meets all the 
 42.2   other requirements of the board shall be licensed as a dental 
 42.3   hygienist ~~and supplied with a license by the board~~.  
 42.4      Subd. 2a.  [~~REGISTERED~~ DENTAL ~~ASSISTANT~~ ASSISTANTS.] A 
 42.5   person of good moral character, who has ~~submitted~~ graduated from 
 42.6   a dental assisting program accredited by the Commission on 
 42.7   Dental Accreditation of the American Dental Association may 
 42.8   apply for registration.  The applicant must submit an 
 42.9   application and fee as prescribed by the board and the diploma 
 42.10  or ~~equivalent awarded to the person by a training school~~ 
 42.11  ~~for~~ certificate of dental ~~assistants or its equivalent approved~~ 
 42.12  ~~by the board, may be examined by the board or by an agency~~ 
 42.13  ~~pursuant to section 150A.03, subdivision 1, in a manner to test~~ 
 42.14  ~~the applicant's fitness to perform as a registered dental~~ 
 42.15  ~~assistant~~ assisting.  In the case of examinations conducted 
 42.16  pursuant to section 150A.03, subdivision 1, applicants ~~may~~ shall 
 42.17  take the examination before applying to the board 
 42.18  for ~~registration~~ licensure.  The examination shall include an 
 42.19  examination of the applicant's knowledge of the laws of 
 42.20  Minnesota relating to dentistry and the rules of the board.  An 
 42.21  applicant is ineligible to retake the ~~clinical~~ license 
 42.22  examination required by the board after failing it twice until 
 42.23  further education and training are obtained as specified by ~~the~~ 
 42.24  board ~~by~~ rule.  A separate, nonrefundable fee may be charged for 
 42.25  each time a person applies.  An applicant who passes the 
 42.26  examination in compliance with subdivision 2b, abides by 
 42.27  professional ethical conduct requirements, and meets all the 
 42.28  other requirements of the board shall be ~~registered~~ licensed as 
 42.29  a dental assistant.  ~~The examination fee set by the board in~~ 
 42.30  ~~rule is the application fee until the board amends, repeals, or~~ 
 42.31  ~~otherwise changes the rules pursuant to chapter 14.~~ 
 42.32     Subd. 2b.  [EXAMINATION.] When the Board ~~members administer~~ 
 42.33  of Dentistry administers the examination for licensure ~~or~~ 
 42.34  ~~registration~~, only those board members or board-appointed deputy 
 42.35  examiners qualified for the particular examination may 
 42.36  administer it.  An examination which the board requires as a 
 43.1   condition of licensure ~~or registration~~ must have been taken 
 43.2   within the five years before the board receives the application 
 43.3   for licensure ~~or registration~~.  
 43.4      Subd. 2c.  [GUEST LICENSE ~~OR REGISTRATION~~.] (a) The board 
 43.5   shall grant a guest license to practice as a dentist ~~or~~, dental 
 43.6   hygienist, or a ~~guest registration to practice as a~~ dental 
 43.7   assistant if the following conditions are met: 
 43.8      (1) the dentist, dental hygienist, or dental assistant is 
 43.9   currently licensed ~~or registered~~ in good standing in North 
 43.10  Dakota, South Dakota, Iowa, or Wisconsin; 
 43.11     (2) the dentist, dental hygienist, or dental assistant is 
 43.12  currently engaged in the practice of that person's respective 
 43.13  profession in North Dakota, South Dakota, Iowa, or Wisconsin; 
 43.14     (3) the dentist, dental hygienist, or dental assistant ~~is~~ 
 43.15  ~~seeking to~~ will limit that person's practice ~~in~~ to a public 
 43.16  health setting in Minnesota that (i) is approved by the board; 
 43.17  (ii) was established by a nonprofit organization that is tax 
 43.18  exempt under chapter 501(c)(3) of the Internal Revenue Code of 
 43.19  1986; and (iii) provides dental care to patients who have 
 43.20  difficulty accessing dental care; 
 43.21     (4) the dentist, dental hygienist, or dental assistant 
 43.22  agrees to treat indigent patients who meet the eligibility 
 43.23  criteria established by the clinic; and 
 43.24     (5) the dentist, dental hygienist, or dental assistant has 
 43.25  applied to the board for a guest license ~~or registration,~~ 
 43.26  ~~providing evidence of being currently licensed or registered in~~ 
 43.27  ~~good standing in North Dakota, South Dakota, Iowa, or Wisconsin,~~ 
 43.28  and has paid a nonrefundable license fee to the board ~~of $50~~ not 
 43.29  to exceed $75. 
 43.30     (b) ~~A dentist, dental hygienist, or dental assistant~~ 
 43.31  ~~practicing under a guest license or registration may only~~ 
 43.32  ~~practice at a single, specific location in Minnesota.~~  A guest 
 43.33  license ~~or registration~~ must be renewed annually with the board 
 43.34  and pay an annual renewal fee ~~of $50 must be paid to the board.~~  
 43.35  ~~If the clinic in Minnesota at which a dentist, dental hygienist,~~ 
 43.36  ~~or dental assistant seeks to practice permanently ceases~~ 
 44.1   ~~operation, the guest license or registration issued under this~~ 
 44.2   ~~subdivision is automatically revoked~~ not to exceed $75. 
 44.3      (c) A dentist, dental hygienist, or dental assistant 
 44.4   practicing under a guest license ~~or registration~~ under this 
 44.5   subdivision shall have the same obligations as a dentist, dental 
 44.6   hygienist, or dental assistant who is licensed in Minnesota and 
 44.7   shall be subject to the laws and rules of Minnesota and the 
 44.8   regulatory authority of the board.  If the board suspends or 
 44.9   revokes the guest license ~~or registration~~ of, or otherwise 
 44.10  disciplines, a dentist, dental hygienist, or dental assistant 
 44.11  practicing under this subdivision, the board shall promptly 
 44.12  report such disciplinary action to the dentist's, dental 
 44.13  hygienist's, or dental assistant's regulatory board in the 
 44.14  border state. 
 44.15     Subd. 2d.  [VOLUNTEER AND RETIRED DENTISTS, DENTAL 
 44.16  HYGIENISTS, AND REGISTERED DENTAL ASSISTANTS CONTINUING 
 44.17  EDUCATION AND PROFESSIONAL DEVELOPMENT WAIVER.] (a) The board 
 44.18  shall grant a waiver to the continuing education requirements 
 44.19  under this chapter for a licensed dentist, licensed dental 
 44.20  hygienist, or ~~registered~~ licensed dental assistant who documents 
 44.21  to the satisfaction of the board that the dentist, dental 
 44.22  hygienist, or ~~registered~~ dental assistant has retired from 
 44.23  active practice in the state and limits the provision of dental 
 44.24  care services to those offered without compensation in a public 
 44.25  health, community, or tribal clinic or a nonprofit organization 
 44.26  that provides services to the indigent or to recipients of 
 44.27  medical assistance, general assistance medical care, or 
 44.28  MinnesotaCare programs. 
 44.29     (b) The board may require written documentation from the 
 44.30  volunteer and retired dentist, dental hygienist, or ~~registered~~ 
 44.31  dental assistant prior to granting this waiver. 
 44.32     (c) The board shall require the volunteer and retired 
 44.33  dentist, dental hygienist, or ~~registered~~ dental assistant to 
 44.34  meet the following requirements: 
 44.35     (1) a licensee ~~or registrant~~ seeking a waiver under this 
 44.36  subdivision must complete and document at least five hours of 
 45.1   approved courses in infection control, medical emergencies, and 
 45.2   medical management for the continuing education cycle; and 
 45.3      (2) provide documentation of certification in advanced or 
 45.4   basic cardiac life support recognized by the American Heart 
 45.5   Association, the American Red Cross, or an equivalent entity. 
 45.6      Subd. 3.  [WAIVER OF EXAMINATION.] (a) All or any part of 
 45.7   the examination for dentists or dental hygienists, except that 
 45.8   pertaining to the law of Minnesota relating to dentistry and the 
 45.9   rules of the board, may, at the discretion of the board, be 
 45.10  waived for an applicant who presents a certificate of 
 45.11  qualification from the National Board of Dental Examiners or 
 45.12  evidence of having maintained an adequate scholastic standing as 
 45.13  determined by the board, in dental school as to dentists, or 
 45.14  dental hygiene school as to dental hygienists. 
 45.15     (b) Effective January 1, 2004, the board shall waive the 
 45.16  clinical examination required for licensure for any dentist 
 45.17  applicant who is a graduate of a dental school accredited by the 
 45.18  Commission on Dental Accreditation of the American Dental 
 45.19  Association ~~or an equivalent organization as determined by the~~ 
 45.20  ~~board~~, who has successfully completed ~~parts I and II~~ all 
 45.21  components of the National ~~boards~~ Dental Board examination, and 
 45.22  who has satisfactorily completed a Minnesota-based postdoctoral 
 45.23  general dentistry residency program accredited by the Commission 
 45.24  on Dental Accreditation of the American Dental Association if 
 45.25  the program is of at least one year's duration and includes an 
 45.26  outcome assessment evaluation assessing the resident's 
 45.27  competence to practice dentistry.  The board may require the 
 45.28  applicant to submit any information deemed necessary by the 
 45.29  board to determine whether the waiver is applicable.  The board 
 45.30  may waive the clinical examination for an applicant who meets 
 45.31  the requirements of this paragraph and has satisfactorily 
 45.32  completed an accredited postdoctoral general dentistry residency 
 45.33  program located outside of Minnesota. 
 45.34     Subd. 4.  [LICENSURE BY CREDENTIALS.] (a) Any ~~person who is~~ 
 45.35  ~~lawfully practicing dentistry or dental hygiene in another state~~ 
 45.36  ~~or Canadian province having and maintaining a standard of~~ 
 46.1   ~~examination for licensure and of laws regulating the practice~~ 
 46.2   ~~within that state or Canadian province, substantially equivalent~~ 
 46.3   ~~to Minnesota's, as determined by the board, who is a reputable~~ 
 46.4   ~~dentist or dental hygienist of good moral character, and who~~ 
 46.5   ~~deposits, in person, with the Board of Dentistry a certificate~~ 
 46.6   ~~from the Board of Dentistry of the state or Canadian province in~~ 
 46.7   ~~which the applicant is licensed, certifying to the fact of~~ 
 46.8   ~~licensure and that the applicant is of good moral character and~~ 
 46.9   ~~professional attainments, shall, upon payment of the fee~~ 
 46.10  ~~established by the board, be interviewed by the board.  The~~ 
 46.11  ~~interview shall consist of assessing the applicant's knowledge~~ 
 46.12  ~~of dental subjects.  If the applicant does not demonstrate the~~ 
 46.13  ~~minimum knowledge in dental subjects required for licensure~~ 
 46.14  ~~under subdivisions 1 and 2, the application shall be denied.~~  
 46.15  ~~When denying a license, the board may notify the applicant of~~ 
 46.16  ~~any specific course that the applicant could take which, if~~ 
 46.17  ~~passed, would qualify the applicant for licensure.  The denial~~ 
 46.18  ~~shall not prohibit the applicant from applying for licensure~~ 
 46.19  ~~under subdivisions 1 and 2.  If the applicant demonstrates the~~ 
 46.20  ~~minimum knowledge in dental subjects required for licensure~~ 
 46.21  ~~under subdivisions 1 and 2 and meets the other requirements of~~ 
 46.22  ~~this subdivision, a license shall be granted to practice in this~~ 
 46.23  ~~state, if the applicant passes an examination on the laws of~~ 
 46.24  ~~Minnesota relating to dentistry and the rules of the Board of~~ 
 46.25  ~~Dentistry.~~ dentist or dental hygienist may, upon application and 
 46.26  payment of a fee established by the board, apply for licensure 
 46.27  based on their performance record in lieu of passing a 
 46.28  board-approved examination as defined in section 150A.03, 
 46.29  subdivision 1, and be interviewed by the board to determine if 
 46.30  the applicant: 
 46.31     (1) has been in active practice at least 2,000 hours within 
 46.32  36 months of the application date, or passed a board-approved 
 46.33  re-entry program within 36 months of the application date; 
 46.34     (2) currently has a license in another state or Canadian 
 46.35  province and is not subject to any pending or final disciplinary 
 46.36  action, or if not currently licensed, previously had a license 
 47.1   in another state or Canadian province in good standing that was 
 47.2   not subject to any final or pending disciplinary action at the 
 47.3   time of surrender; 
 47.4      (3) is of good moral character and abides by professional 
 47.5   ethical conduct requirements; 
 47.6      (4) at board discretion, has passed a board-approved 
 47.7   English proficiency test if English is not the applicant's 
 47.8   primary language; and 
 47.9      (5) meets other credentialing requirements specified in 
 47.10  board rule. 
 47.11     (b) An applicant who fulfills the conditions of this 
 47.12  subdivision and demonstrates the minimum knowledge in dental 
 47.13  subjects required for licensure under subdivision 1 or 2 must be 
 47.14  licensed to practice the applicant's profession. 
 47.15     (c) If the applicant does not demonstrate the minimum 
 47.16  knowledge in dental subjects required for licensure under 
 47.17  subdivision 1 or 2, the application must be denied.  When 
 47.18  denying a license, the board may notify the applicant of any 
 47.19  specific remedy that the applicant could take which, when 
 47.20  passed, would qualify the applicant for licensure.  A denial 
 47.21  does not prohibit the applicant from applying for licensure 
 47.22  under subdivision 1 or 2. 
 47.23     (d) A candidate whose application has been denied may 
 47.24  appeal the decision to the board according to subdivision 4a. 
 47.25     Subd. 4a.  [APPEAL OF DENIAL OF APPLICATION.] A person 
 47.26  whose application for licensure by credentials has been denied 
 47.27  may appeal the decision to the board.  The board shall establish 
 47.28  an appeals process and inform a denied candidate of the right to 
 47.29  appeal and the process for filing the appeal. 
 47.30     Subd. 5.  [FRAUD IN SECURING LICENSES.] Every person 
 47.31  implicated in employing fraud or deception in applying for or 
 47.32  securing a license to practice dentistry ~~or~~, dental hygiene, or 
 47.33  ~~in applying for or securing a registration to practice~~ dental 
 47.34  assisting or in annually ~~registering~~ renewing a license ~~or~~ 
 47.35  ~~registration~~ under sections 150A.01 to 150A.12 is guilty of a 
 47.36  gross misdemeanor. 
 48.1      Subd. 6.  [DISPLAY OF NAME AND CERTIFICATES.] The ~~name,~~ 
 48.2   initial license ~~certificate,~~ and ~~annual registration certificate~~ 
 48.3   subsequent renewal of every ~~licensed~~ dentist, dental hygienist, 
 48.4   or ~~registered~~ dental assistant shall be conspicuously displayed 
 48.5   in every office in which that person practices, in plain sight 
 48.6   of patients.  ~~If there is more than one dentist, dental~~ 
 48.7   ~~hygienist, or registered dental assistant practicing or employed~~ 
 48.8   ~~in any office, the manager or proprietor of the office shall~~ 
 48.9   ~~display in plain sight the name, license certificate and annual~~ 
 48.10  ~~registration certificate of each dentist, dental hygienist, or~~ 
 48.11  ~~registered dental assistant practicing or employed there.~~  Near 
 48.12  or on the entrance door to every office where dentistry is 
 48.13  practiced, the name of each dentist practicing there, as 
 48.14  inscribed on the current license certificate ~~and annual~~ 
 48.15  ~~registration certificate of each dentist~~, shall be displayed in 
 48.16  plain sight.  
 48.17     Subd. 7.  [ADDITIONAL REMEDIES FOR LICENSURE.] On a 
 48.18  case-by-case basis, for initial or renewal of licensure, the 
 48.19  board may add additional remedies for deficiencies found based 
 48.20  on the applicant's performance, character, and education. 
 48.21     Subd. 8.  [LICENSURE BY CREDENTIALS.] (a) Any dental 
 48.22  assistant may, upon application and payment of a fee established 
 48.23  by the board, apply for licensure based on an evaluation of 
 48.24  their education, experience, and performance record in lieu of 
 48.25  completing a board-approved dental assisting program for 
 48.26  expanded functions as defined in rule, and may be interviewed by 
 48.27  the board to determine if the applicant: 
 48.28     (1) has graduated from an accredited dental assisting 
 48.29  program accredited by the Commission of Dental Accreditation of 
 48.30  the American Dental Association, or is currently certified by 
 48.31  the Dental Assisting National Board; 
 48.32     (2) is not subject to any pending or final disciplinary 
 48.33  action in another state or Canadian province, or if not 
 48.34  currently certified, licensed, or registered, previously had a 
 48.35  certification, licensure, or registration in another state or 
 48.36  Canadian province in good standing that was not subject to any 
 49.1   final or pending disciplinary action at the time of surrender; 
 49.2      (3) is of good moral character and abides by professional 
 49.3   ethical conduct requirements; 
 49.4      (4) at board discretion, has passed a board-approved 
 49.5   English proficiency test if English is not the applicant's 
 49.6   primary language; and 
 49.7      (5) has met all expanded functions curriculum equivalency 
 49.8   requirements of a Minnesota board-approved dental assisting 
 49.9   program. 
 49.10     (b) The board, at its discretion, may waive specific 
 49.11  licensure requirements in paragraph (a). 
 49.12     (c) An applicant who fulfills the conditions of this 
 49.13  subdivision and demonstrates the minimum knowledge in dental 
 49.14  subjects required for licensure under subdivision 2a must be 
 49.15  licensed to practice the applicant's profession. 
 49.16     (d) If the applicant does not demonstrate the minimum 
 49.17  knowledge in dental subjects required for licensure under 
 49.18  subdivision 2a, the application must be denied.  If licensure is 
 49.19  denied, the board may notify the applicant of any specific 
 49.20  remedy that the applicant could take, which when passed, would 
 49.21  qualify the applicant for licensure.  A denial does not prohibit 
 49.22  the applicant from applying for licensure under subdivision 2a. 
 49.23     (e) A candidate whose application has been denied may 
 49.24  appeal the decision to the board according to subdivision 4a. 
 49.25     Sec. 10.  Minnesota Statutes 2002, section 150A.08, 
 49.26  subdivision 1, is amended to read: 
 49.27     Subdivision 1.  [GROUNDS.] The board may refuse or by order 
 49.28  suspend or revoke, limit or modify by imposing conditions it 
 49.29  deems necessary, any license to practice dentistry ~~or~~, dental 
 49.30  hygiene, or ~~the registration of any~~ dental ~~assistant~~ assisting 
 49.31  upon any of the following grounds: 
 49.32     (1) fraud or deception in connection with the practice of 
 49.33  dentistry or the securing of a license ~~or annual registration~~ 
 49.34  ~~certificate~~; 
 49.35     (2) conviction, including a finding or verdict of guilt, an 
 49.36  admission of guilt, or a no contest plea, in any court of a 
 50.1   felony or gross misdemeanor reasonably related to the practice 
 50.2   of dentistry as evidenced by a certified copy of the conviction; 
 50.3      (3) conviction, including a finding or verdict of guilt, an 
 50.4   admission of guilt, or a no contest plea, in any court of an 
 50.5   offense involving moral turpitude as evidenced by a certified 
 50.6   copy of the conviction; 
 50.7      (4) habitual overindulgence in the use of intoxicating 
 50.8   liquors; 
 50.9      (5) improper or unauthorized prescription, dispensing, 
 50.10  administering, or personal or other use of any legend drug as 
 50.11  defined in chapter 151, of any chemical as defined in chapter 
 50.12  151, or of any controlled substance as defined in chapter 152; 
 50.13     (6) conduct unbecoming a person licensed to practice 
 50.14  dentistry ~~or~~, dental hygiene, or ~~registered as a~~ dental 
 50.15  ~~assistant~~ assisting, or conduct contrary to the best interest of 
 50.16  the public, as such conduct is defined by the rules of the 
 50.17  board; 
 50.18     (7) gross immorality; 
 50.19     (8) any physical, mental, emotional, or other disability 
 50.20  which adversely affects a dentist's, dental hygienist's, or 
 50.21  ~~registered~~ licensed dental assistant's ability to perform the 
 50.22  service for which the person is licensed ~~or registered~~; 
 50.23     (9) revocation or suspension of a license, ~~registration,~~ or 
 50.24  equivalent authority to practice, or other disciplinary action 
 50.25  or denial of a license ~~or registration~~ application taken by a 
 50.26  licensing, registering, or credentialing authority of another 
 50.27  state, territory, or country as evidenced by a certified copy of 
 50.28  the licensing authority's order, if the disciplinary action or 
 50.29  application denial was based on facts that would provide a basis 
 50.30  for disciplinary action under this chapter and if the action was 
 50.31  taken only after affording the credentialed person or applicant 
 50.32  notice and opportunity to refute the allegations or pursuant to 
 50.33  stipulation or other agreement; 
 50.34     (10) failure to maintain adequate safety and sanitary 
 50.35  conditions for a dental office in accordance with the standards 
 50.36  established by the rules of the board; 
 51.1      (11) failure to maintain malpractice insurance related to 
 51.2   the practice of dentistry; 
 51.3      (12) employing, assisting, or enabling in any manner an 
 51.4   unlicensed person to practice dentistry; 
 51.5      ~~(12)~~ (13) failure or refusal to attend, testify, and 
 51.6   produce records as directed by the board under subdivision 7; 
 51.7      ~~(13)~~ (14) violation of, or failure to comply with, any 
 51.8   other provisions of sections 150A.01 to 150A.12, the rules of 
 51.9   the Board of Dentistry, or any disciplinary order issued by the 
 51.10  board, section 144.335 or 595.02, subdivision 1, paragraph (d), 
 51.11  or for any other just cause related to the practice of 
 51.12  dentistry.  Suspension, revocation, modification or limitation 
 51.13  of any license shall not be based upon any judgment as to 
 51.14  therapeutic or monetary value of any individual drug prescribed 
 51.15  or any individual treatment rendered, but only upon a repeated 
 51.16  pattern of conduct; 
 51.17     ~~(14)~~ (15) knowingly providing false or misleading 
 51.18  information that is directly related to the care of that patient 
 51.19  unless done for an accepted therapeutic purpose such as the 
 51.20  administration of a placebo; or 
 51.21     ~~(15)~~ (16) aiding suicide or aiding attempted suicide in 
 51.22  violation of section 609.215 as established by any of the 
 51.23  following:  
 51.24     (i) a copy of the record of criminal conviction or plea of 
 51.25  guilty for a felony in violation of section 609.215, subdivision 
 51.26  1 or 2; 
 51.27     (ii) a copy of the record of a judgment of contempt of 
 51.28  court for violating an injunction issued under section 609.215, 
 51.29  subdivision 4; 
 51.30     (iii) a copy of the record of a judgment assessing damages 
 51.31  under section 609.215, subdivision 5; or 
 51.32     (iv) a finding by the board that the person violated 
 51.33  section 609.215, subdivision 1 or 2.  The board shall 
 51.34  investigate any complaint of a violation of section 609.215, 
 51.35  subdivision 1 or 2. 
 51.36     Sec. 11.  Minnesota Statutes 2003 Supplement, section 
 52.1   150A.08, subdivision 3, is amended to read: 
 52.2      Subd. 3.  [REINSTATEMENT.] Any licensee ~~or registrant~~ whose 
 52.3   license ~~or registration~~ has been suspended or revoked may have 
 52.4   the license ~~or registration~~ reinstated or a new license ~~or~~ 
 52.5   ~~registration~~ issued, as the case may be, when the board deems 
 52.6   the action is warranted.  
 52.7      Sec. 12.  Minnesota Statutes 2002, section 150A.08, 
 52.8   subdivision 4, is amended to read: 
 52.9      Subd. 4.  [RECORDS.] The executive secretary of the board 
 52.10  shall keep a record of all licenses ~~and registration~~ 
 52.11  ~~certificates~~ issued, suspended, or revoked. 
 52.12     Sec. 13.  Minnesota Statutes 2002, section 150A.08, 
 52.13  subdivision 5, is amended to read: 
 52.14     Subd. 5.  [MEDICAL EXAMINATIONS.] If the board has probable 
 52.15  cause to believe that a dentist, dental hygienist, ~~registered~~ 
 52.16  dental assistant, or applicant engages in acts described in 
 52.17  subdivision 1, clause (4) or (5), or has a condition described 
 52.18  in subdivision 1, clause (8), it shall direct the dentist, 
 52.19  dental hygienist, dental assistant, or applicant to submit to a 
 52.20  mental or physical examination or a chemical dependency 
 52.21  assessment.  For the purpose of this subdivision, every dentist, 
 52.22  hygienist, or assistant licensed ~~or registered~~ under this 
 52.23  chapter or person submitting an application for a license ~~or~~ 
 52.24  ~~registration~~ is deemed to have given consent to submit to a 
 52.25  mental or physical examination when directed in writing by the 
 52.26  board and to have waived all objections in any proceeding under 
 52.27  this section to the admissibility of the examining physician's 
 52.28  testimony or examination reports on the ground that they 
 52.29  constitute a privileged communication.  Failure to submit to an 
 52.30  examination without just cause may result in an application 
 52.31  being denied or a default and final order being entered without 
 52.32  the taking of testimony or presentation of evidence, other than 
 52.33  evidence which may be submitted by affidavit, that the licensee~~,~~ 
 52.34  ~~registrant,~~ or applicant did not submit to the examination.  A 
 52.35  dentist, dental hygienist, ~~registered~~ dental assistant, or 
 52.36  applicant affected under this section shall at reasonable 
 53.1   intervals be afforded an opportunity to demonstrate ability to 
 53.2   start or resume the competent practice of dentistry or perform 
 53.3   the duties of a dental hygienist or ~~registered~~ dental assistant 
 53.4   with reasonable skill and safety to patients.  In any proceeding 
 53.5   under this subdivision, neither the record of proceedings nor 
 53.6   the orders entered by the board is admissible, is subject to 
 53.7   subpoena, or may be used against the dentist, dental 
 53.8   hygienist, ~~registered~~ dental assistant, or applicant in any 
 53.9   proceeding not commenced by the board.  Information obtained 
 53.10  under this subdivision shall be classified as private pursuant 
 53.11  to the Minnesota Government Data Practices Act.  
 53.12     Sec. 14.  Minnesota Statutes 2002, section 150A.08, 
 53.13  subdivision 6, is amended to read: 
 53.14     Subd. 6.  [MEDICAL RECORDS.] Notwithstanding contrary 
 53.15  provisions of sections 13.384 and 144.651 or any other statute 
 53.16  limiting access to medical or other health data, the board may 
 53.17  obtain medical data and health records of a licensee~~,~~ 
 53.18  ~~registrant,~~ or applicant without the licensee's~~, registrant's,~~ 
 53.19  or applicant's consent if the information is requested by the 
 53.20  board as part of the process specified in subdivision 5.  The 
 53.21  medical data may be requested from a provider, as defined in 
 53.22  section 144.335, subdivision 1, clause (b), an insurance 
 53.23  company, or a government agency, including the Department of 
 53.24  Human Services.  A provider, insurance company, or government 
 53.25  agency shall comply with any written request of the board under 
 53.26  this subdivision and shall not be liable in any action for 
 53.27  damages for releasing the data requested by the board if the 
 53.28  data are released pursuant to a written request under this 
 53.29  subdivision, unless the information is false and the provider 
 53.30  giving the information knew, or had reason to believe, the 
 53.31  information was false.  Information obtained under this 
 53.32  subdivision shall be classified as private under the Minnesota 
 53.33  Government Data Practices Act.  
 53.34     Sec. 15.  Minnesota Statutes 2002, section 150A.08, 
 53.35  subdivision 8, is amended to read: 
 53.36     Subd. 8.  [SUSPENSION OF LICENSE.] In addition to any other 
 54.1   remedy provided by law, the board may, through its designated 
 54.2   board members pursuant to section 214.10, subdivision 2, 
 54.3   temporarily suspend a license ~~or registration~~ without a hearing 
 54.4   if the board finds that the licensee ~~or registrant~~ has violated 
 54.5   a statute or rule which the board is empowered to enforce and 
 54.6   continued practice by the licensee ~~or registrant~~ would create an 
 54.7   imminent risk of harm to others.  The suspension shall take 
 54.8   effect upon written notice to the licensee ~~or registrant~~ served 
 54.9   by first class mail specifying the statute or rule violated, and 
 54.10  the time, date, and place of the hearing before the board.  If 
 54.11  the notice is returned by the post office, the notice shall be 
 54.12  effective upon reasonable attempts to locate and serve the 
 54.13  licensee ~~or registrant~~.  Within ten days of service of the 
 54.14  notice, the board shall hold a hearing before its own members on 
 54.15  the sole issue of whether there is a reasonable basis to 
 54.16  continue, modify, or lift the suspension.  Evidence presented by 
 54.17  the board~~,~~ or licensee~~, or registrant,~~ shall be in affidavit 
 54.18  form only.  The licensee ~~or registrant~~ or counsel of the 
 54.19  licensee ~~or registrant~~ may appear for oral argument.  Within 
 54.20  five working days after the hearing, the board shall issue its 
 54.21  order and, if the suspension is continued, the board shall 
 54.22  schedule a disciplinary hearing to be held pursuant to the 
 54.23  Administrative Procedure Act within 45 days of issuance of the 
 54.24  order.  The administrative law judge shall issue a report within 
 54.25  30 days of the closing of the contested case hearing record.  
 54.26  The board shall issue a final order within 30 days of receiving 
 54.27  that report.  The board may allow a person who was licensed by 
 54.28  any state to practice dentistry and whose license has been 
 54.29  suspended to practice dentistry under the supervision of a 
 54.30  licensed dentist for the purpose of demonstrating competence and 
 54.31  eligibility for reinstatement.  
 54.32     Sec. 16.  Minnesota Statutes 2002, section 150A.081, 
 54.33  subdivision 1, is amended to read: 
 54.34     Subdivision 1.  [ACCESS TO DATA ON LICENSEE ~~OR REGISTRANT~~.] 
 54.35  When the board has probable cause to believe that a 
 54.36  licensee's ~~or registrant's~~ condition meets a ground listed in 
 55.1   section 150A.08, subdivision 1, clause (4) or (8), it may, 
 55.2   notwithstanding sections 13.384, 144.651, or any other law 
 55.3   limiting access to medical data, obtain medical or health 
 55.4   records on the licensee ~~or registrant~~ without the licensee's ~~or~~ 
 55.5   ~~registrant's~~ consent.  The medical data may be requested from a 
 55.6   provider, as defined in section 144.335, subdivision 1, 
 55.7   paragraph (b), an insurance company, or a government agency.  A 
 55.8   provider, insurance company, or government agency shall comply 
 55.9   with a written request of the board under this subdivision and 
 55.10  is not liable in any action for damages for releasing the data 
 55.11  requested by the board if the data are released under the 
 55.12  written request, unless the information is false and the entity 
 55.13  providing the information knew, or had reason to believe, the 
 55.14  information was false. 
 55.15     Sec. 17.  Minnesota Statutes 2002, section 150A.081, 
 55.16  subdivision 2, is amended to read: 
 55.17     Subd. 2.  [ACCESS TO DATA ON PATIENTS.] The board has 
 55.18  access to medical records of a patient treated by a licensee ~~or~~ 
 55.19  ~~registrant~~ under review if the patient signs a written consent 
 55.20  permitting access.  If the patient has not given consent, the 
 55.21  licensee ~~or registrant~~ must delete data from which a patient may 
 55.22  be identified before releasing medical records to the board. 
 55.23     Sec. 18.  Minnesota Statutes 2002, section 150A.09, 
 55.24  subdivision 1, is amended to read: 
 55.25     Subdivision 1.  [~~REGISTRATION~~ RENEWAL INFORMATION AND 
 55.26  PROCEDURE.] On or before the license ~~or registration certificate~~ 
 55.27  expiration date, every licensed dentist, dental hygienist, 
 55.28  and ~~registered~~ dental assistant shall transmit to the executive 
 55.29  secretary of the board, pertinent information required by the 
 55.30  board, together with the fee established by the board.  At least 
 55.31  30 days before a license ~~or registration certificate~~ expiration 
 55.32  date, the board shall send a written notice stating the amount 
 55.33  and due date of the fee and the information to be provided to 
 55.34  every licensed dentist, dental hygienist, and ~~registered~~ dental 
 55.35  assistant. 
 55.36     Sec. 19.  Minnesota Statutes 2002, section 150A.09, 
 56.1   subdivision 3, is amended to read: 
 56.2      Subd. 3.  [CURRENT ADDRESS, CHANGE OF ADDRESS.] Every 
 56.3   dentist, dental hygienist, and ~~registered~~ dental assistant shall 
 56.4   maintain with the board a correct and current mailing address.  
 56.5   For dentists engaged in the practice of dentistry, the address 
 56.6   shall be that of the location of the primary dental practice.  
 56.7   Within 30 days after changing addresses, every dentist, dental 
 56.8   hygienist, and ~~registered~~ dental assistant shall provide the 
 56.9   board written notice of the new address either personally or by 
 56.10  first class mail. 
 56.11     Sec. 20.  Minnesota Statutes 2002, section 150A.09, 
 56.12  subdivision 4, is amended to read: 
 56.13     Subd. 4.  [DUPLICATE CERTIFICATES.] Duplicate licenses or 
 56.14  duplicate ~~annual~~ certificates of license renewal may be issued 
 56.15  by the board upon satisfactory proof of the need for the 
 56.16  duplicates and upon payment of the fee established by the board. 
 56.17     Sec. 21.  Minnesota Statutes 2002, section 150A.09, 
 56.18  subdivision 5, is amended to read: 
 56.19     Subd. 5.  [LATE FEE.] A late fee established by the board 
 56.20  shall be paid if the information and fee required by subdivision 
 56.21  1 is not received by the executive secretary of the board on or 
 56.22  before the ~~registration or~~ license renewal date. 
 56.23     Sec. 22.  Minnesota Statutes 2002, section 150A.10, 
 56.24  subdivision 2, is amended to read: 
 56.25     Subd. 2.  [DENTAL ASSISTANTS AND DENTAL AIDES.] Every 
 56.26  licensed dentist who uses the services of ~~any unlicensed~~ 
 56.27  ~~person~~ a licensed dental assistant or a dental aide for the 
 56.28  purpose of assistance in the practice of dentistry shall be 
 56.29  responsible for the acts of such ~~unlicensed~~ person while engaged 
 56.30  in such assistance.  ~~Such dentist shall permit such unlicensed~~ 
 56.31  ~~assistant to perform only those acts which are authorized to be~~ 
 56.32  ~~delegated to unlicensed assistants by the Board of Dentistry~~ A 
 56.33  licensed dental assistant may provide any service delegated by a 
 56.34  licensed dentist as permitted by the rules of the board.  A 
 56.35  dental aide may only perform those services that are authorized 
 56.36  to be delegated by a licensed dentist to a dental aide by the 
 57.1   Board of Dentistry.  Such ~~acts~~ services shall be performed under 
 57.2   supervision of a licensed dentist.  The board may permit 
 57.3   differing levels of dental assistance based upon recognized 
 57.4   educational standards, approved by the board, for the training 
 57.5   of dental assistants.  The board may also define by rule the 
 57.6   scope of practice of ~~registered and nonregistered~~ licensed 
 57.7   dental assistants and dental aides.  The board by rule may 
 57.8   require continuing education for differing levels of dental 
 57.9   assistants and dental aides, as a condition to 
 57.10  their ~~registration~~ licensure or authority to perform their 
 57.11  authorized duties.  Any licensed dentist who ~~shall permit such~~ 
 57.12  ~~unlicensed~~ permits a licensed dental assistant or a dental aide 
 57.13  to perform any dental service other than ~~that~~ those authorized 
 57.14  by the board shall be deemed to be enabling an unlicensed person 
 57.15  to practice dentistry, and commission of such an act by ~~such~~ 
 57.16  ~~unlicensed~~ a licensed assistant or a dental aide shall 
 57.17  constitute a violation of sections 150A.01 to 150A.12. 
 57.18     Sec. 23.  Minnesota Statutes 2002, section 214.18, 
 57.19  subdivision 5, is amended to read: 
 57.20     Subd. 5.  [REGULATED PERSON.] "Regulated person" means a 
 57.21  licensed dental hygienist, dentist, physician, nurse who is 
 57.22  currently registered as a registered nurse or licensed practical 
 57.23  nurse, podiatrist, ~~a registered~~ or dental assistant, a 
 57.24  physician's assistant, and for purposes of sections 214.19, 
 57.25  subdivisions 4 and 5; 214.20, paragraph (a); and 214.24, a 
 57.26  chiropractor. 
 57.27     Sec. 24.  Minnesota Statutes 2002, section 352.91, 
 57.28  subdivision 3g, is amended to read: 
 57.29     Subd. 3g.  [ADDITIONAL CORRECTIONS DEPARTMENT PERSONNEL.] 
 57.30  (a) "Covered correctional service" means service by a state 
 57.31  employee in one of the employment positions at the designated 
 57.32  Minnesota correctional facility specified in paragraph (b), 
 57.33  provided that at least 75 percent of the employee's working time 
 57.34  is spent in direct contact with inmates and the fact of this 
 57.35  direct contact is certified to the executive director by the 
 57.36  commissioner of corrections. 
 58.1      (b) The employment positions and correctional facilities 
 58.2   are: 
 58.3      (1) corrections discipline unit supervisor, at the 
 58.4   Minnesota Correctional Facility-Faribault, the Minnesota 
 58.5   Correctional Facility-Lino Lakes, the Minnesota Correctional 
 58.6   Facility-Oak Park Heights, and the Minnesota Correctional 
 58.7   Facility-St. Cloud; 
 58.8      (2) dental assistant ~~registered~~, at the Minnesota 
 58.9   Correctional Facility-Faribault, the Minnesota Correctional 
 58.10  Facility-Lino Lakes, the Minnesota Correctional Facility-Moose 
 58.11  Lake, the Minnesota Correctional Facility-Oak Park Heights, and 
 58.12  the Minnesota Correctional Facility-Red Wing; 
 58.13     (3) dental hygienist, at the Minnesota Correctional 
 58.14  Facility-Shakopee; 
 58.15     (4) psychologist 2, at the Minnesota Correctional 
 58.16  Facility-Faribault, the Minnesota Correctional Facility-Lino 
 58.17  Lakes, the Minnesota Correctional Facility-Moose Lake, the 
 58.18  Minnesota Correctional Facility-Oak Park Heights, the Minnesota 
 58.19  Correctional Facility-Red Wing, the Minnesota Correctional 
 58.20  Facility-St. Cloud, the Minnesota Correctional 
 58.21  Facility-Shakopee, and the Minnesota Correctional 
 58.22  Facility-Stillwater; and 
 58.23     (5) sentencing to service crew leader involved with the 
 58.24  inmate community work crew program, at the Minnesota 
 58.25  Correctional Facility-Faribault and the Minnesota Correctional 
 58.26  Facility-Lino Lakes. 
 58.27                             ARTICLE 5
 58.28                         PODIATRIC MEDICINE
 58.29     Section 1.  Minnesota Statutes 2002, section 153.01, 
 58.30  subdivision 2, is amended to read: 
 58.31     Subd. 2.  [PODIATRIC MEDICINE.] "Podiatric medicine" means 
 58.32  the diagnosis or medical, mechanical, or surgical treatment of 
 58.33  the ailments of the human hand, foot, ankle, and the soft tissue 
 58.34  of the lower leg distal to the tibial tuberosity~~, including~~.  
 58.35  Medical or surgical treatment includes partial foot 
 58.36  amputation ~~of the toe, but not including~~ and excludes amputation 
 59.1   of the ~~foot,~~ hand~~,~~ or fingers~~, or the~~.  Use of local 
 59.2   anesthetics is within the scope of medical and surgical 
 59.3   management in patient care.  Use of anesthetics, other than 
 59.4   local ~~anesthetics~~, is excluded, except as provided in section 
 59.5   153.26.  Podiatric medicine includes the prescribing or 
 59.6   recommending of appliances, devices, or shoes for the correction 
 59.7   or relief of foot ailments.  Podiatric medicine includes the 
 59.8   prescribing or administering of any drugs or medications 
 59.9   necessary or helpful to the practice of ~~podiatry~~ podiatric 
 59.10  medicine as defined by this subdivision~~, provided, however, that~~ 
 59.11  ~~licensed podiatrists shall be restricted in their prescribing or~~ 
 59.12  ~~administering of any drugs or medications by the limitations~~ 
 59.13  ~~imposed on the scope of practice of podiatric medicine as~~ 
 59.14  ~~defined in this chapter~~.  The scope of practice of podiatric 
 59.15  medicine includes the performance of routine medical history and 
 59.16  physical examination for emergency hospital admission and for 
 59.17  preoperative clearance for podiatric surgery.  Podiatric 
 59.18  medicine also includes the cosigning of a medical history and 
 59.19  physical examination by a licensed podiatric physician that has 
 59.20  been performed by a physician licensed under chapter 147 who 
 59.21  does not have privileges or credentials at the facility where 
 59.22  podiatric surgery is to be performed. 
 59.23     Sec. 2.  Minnesota Statutes 2002, section 153.16, 
 59.24  subdivision 1, is amended to read: 
 59.25     Subdivision 1.  [LICENSE REQUIREMENTS.] The board shall 
 59.26  issue a license to practice podiatric medicine to a person who 
 59.27  meets the following requirements:  
 59.28     (a) The applicant for a license shall file a written 
 59.29  notarized application on forms provided by the board, showing to 
 59.30  the board's satisfaction that the applicant is of good moral 
 59.31  character and satisfies the requirements of this section.  
 59.32     (b) The applicant shall present evidence satisfactory to 
 59.33  the board of being a graduate of a podiatric medical school 
 59.34  approved by the board based upon its faculty, curriculum, 
 59.35  facilities, accreditation by a recognized national accrediting 
 59.36  organization approved by the board, and other relevant factors. 
 60.1      (c) The applicant must have ~~passed an examination~~ received 
 60.2   a passing score on each part of the national board examinations, 
 60.3   parts one and two, prepared and graded by the National Board of 
 60.4   Podiatric Medical Examiners ~~and also pass a state clinical~~ 
 60.5   ~~examination prepared and graded by the state Board of Podiatric~~ 
 60.6   ~~Medicine or a national clinical examination prepared and graded~~ 
 60.7   ~~by the National Board of Podiatric Medical Examiners.  The board~~ 
 60.8   ~~shall by rule determine what score constitutes a passing score~~ 
 60.9   ~~in each examination~~.  The passing score for each part of the 
 60.10  national board examinations, parts one and two, is as defined by 
 60.11  the National Board of Podiatric Medical Examiners. 
 60.12     (d) Applicants graduating after 1986 from a podiatric 
 60.13  medical school shall present evidence satisfactory to the board 
 60.14  of the completion of (1) one year of graduate, clinical 
 60.15  residency or preceptorship in a program accredited by a national 
 60.16  accrediting organization approved by the board or (2) other 
 60.17  graduate training that meets standards equivalent to those of an 
 60.18  approved national accrediting organization or school of 
 60.19  podiatric medicine.  
 60.20     (e) The applicant shall appear in person before the board 
 60.21  or its designated representative to show that the applicant 
 60.22  satisfies the requirements of this section, including knowledge 
 60.23  of laws, rules, and ethics pertaining to the practice of 
 60.24  podiatric medicine.  The board may establish as internal 
 60.25  operating procedures the procedures or requirements for the 
 60.26  applicant's personal presentation.  
 60.27     (f) The applicant shall pay a fee established by the board 
 60.28  by rule.  The fee shall not be refunded.  
 60.29     (g) The applicant must not have engaged in conduct 
 60.30  warranting disciplinary action against a licensee.  If the 
 60.31  applicant does not satisfy the requirements of this paragraph, 
 60.32  the board may refuse to issue a license unless it determines 
 60.33  that the public will be protected through issuance of a license 
 60.34  with conditions and limitations the board considers appropriate. 
 60.35     (h) Upon payment of a fee as the board may require, an 
 60.36  applicant who fails to pass an examination and is refused a 
 61.1   license is entitled to reexamination within one year of the 
 61.2   board's refusal to issue the license.  No more than two 
 61.3   reexaminations are allowed without a new application for a 
 61.4   license. 
 61.5      Sec. 3.  Minnesota Statutes 2002, section 153.16, 
 61.6   subdivision 2, is amended to read: 
 61.7      Subd. 2.  [APPLICANTS LICENSED IN ANOTHER STATE.] The board 
 61.8   shall issue a license to practice podiatric medicine to any 
 61.9   person currently or formerly licensed to practice podiatric 
 61.10  medicine in another state who satisfies the requirements of this 
 61.11  section: 
 61.12     (a) The applicant shall satisfy the requirements 
 61.13  established in subdivision 1.  
 61.14     (b) The applicant shall present evidence satisfactory to 
 61.15  the board indicating the current status of a license to practice 
 61.16  podiatric medicine issued by the ~~proper agency in another state~~ 
 61.17  ~~or country~~ first state of licensure and all other states and 
 61.18  countries in which the individual has held a license. 
 61.19     (c) If the applicant ~~must not have~~ has had a license 
 61.20  revoked, engaged in conduct warranting disciplinary action 
 61.21  against ~~a licensee~~ the applicant's license, or been subjected to 
 61.22  disciplinary action, in another state~~.  If an applicant does not~~ 
 61.23  ~~satisfy the requirements of this paragraph~~, the board may refuse 
 61.24  to issue a license unless it determines that the public will be 
 61.25  protected through issuance of a license with conditions or 
 61.26  limitations the board considers appropriate.  
 61.27     (d) The applicant shall submit with the license application 
 61.28  the following additional information for the five-year period 
 61.29  preceding the date of filing of the application:  (1) the name 
 61.30  and address of the applicant's professional liability insurer in 
 61.31  the other state; and (2) the number, date, and disposition of 
 61.32  any podiatric medical malpractice settlement or award made to 
 61.33  the plaintiff relating to the quality of podiatric medical 
 61.34  treatment. 
 61.35     (e) If the license is active, the applicant shall submit 
 61.36  with the license application evidence of compliance with the 
 62.1   continuing education requirements in the current state of 
 62.2   licensure. 
 62.3      (f) If the license is inactive, the applicant shall submit 
 62.4   with the license application evidence of participation in 
 62.5   one-half the number of hours of acceptable continuing education 
 62.6   required for biennial renewal, as specified under Minnesota 
 62.7   Rules, up to five years.  If the license has been inactive for 
 62.8   more than two years, the amount of acceptable continuing 
 62.9   education required must be obtained during the two years 
 62.10  immediately before application or the applicant must provide 
 62.11  other evidence as the board may reasonably require. 
 62.12     Sec. 4.  Minnesota Statutes 2002, section 153.19, 
 62.13  subdivision 1, is amended to read: 
 62.14     Subdivision 1.  [GROUNDS LISTED.] The board may refuse to 
 62.15  grant a license or may impose disciplinary action as described 
 62.16  in this section against any doctor of podiatric medicine.  The 
 62.17  following conduct is prohibited and is grounds for disciplinary 
 62.18  action: 
 62.19     (1) failure to demonstrate the qualifications or satisfy 
 62.20  the requirements for a license contained in this chapter or 
 62.21  rules of the board; the burden of proof shall be upon the 
 62.22  applicant to demonstrate the qualifications or satisfaction of 
 62.23  the requirements; 
 62.24     (2) obtaining a license by fraud or cheating or attempting 
 62.25  to subvert the licensing examination process; 
 62.26     (3) conviction, during the previous five years, of a felony 
 62.27  reasonably related to the practice of podiatric medicine; 
 62.28     (4) revocation, suspension, restriction, limitation, or 
 62.29  other disciplinary action against the person's podiatric medical 
 62.30  license in another state or jurisdiction, failure to report to 
 62.31  the board that charges regarding the person's license have been 
 62.32  brought in another state or jurisdiction, or having been refused 
 62.33  a license by any other state or jurisdiction; 
 62.34     (5) advertising that is false or misleading; 
 62.35     (6) violating a rule adopted by the board or an order of 
 62.36  the board, a state, or federal law that relates to the practice 
 63.1   of podiatric medicine, or in part regulates the practice of 
 63.2   podiatric medicine, or a state or federal narcotics or 
 63.3   controlled substance law; 
 63.4      (7) engaging in any unethical conduct; conduct likely to 
 63.5   deceive, defraud, or harm the public, or demonstrating a willful 
 63.6   or careless disregard for the health, welfare, or safety of a 
 63.7   patient; or podiatric medical practice that is professionally 
 63.8   incompetent, in that it may create unnecessary danger to any 
 63.9   patient's life, health, or safety, in any of which cases, proof 
 63.10  of actual injury need not be established; 
 63.11     (8) failure to supervise a preceptor ~~or~~, resident, other 
 63.12  graduate trainee, or undergraduate student; 
 63.13     (9) aiding or abetting an unlicensed person in the practice 
 63.14  of podiatric medicine, except that it is not a violation of this 
 63.15  clause for a podiatrist to employ, supervise, or delegate 
 63.16  functions to a qualified person who may or may not be required 
 63.17  to obtain a license or registration to provide health services 
 63.18  if that person is practicing within the scope of that person's 
 63.19  license or registration or delegated authority; 
 63.20     (10) adjudication as mentally incompetent, or a person who 
 63.21  is mentally ill, or as a chemically dependent person, a person 
 63.22  dangerous to the public, a sexually dangerous person, or a 
 63.23  person who has a sexual psychopathic personality by a court of 
 63.24  competent jurisdiction, within or without this state; 
 63.25     (11) engaging in unprofessional conduct that includes any 
 63.26  departure from or the failure to conform to the minimal 
 63.27  standards of acceptable and prevailing podiatric medical 
 63.28  practice, but actual injury to a patient need not be 
 63.29  established; 
 63.30     (12) inability to practice podiatric medicine with 
 63.31  reasonable skill and safety to patients by reason of illness or 
 63.32  chemical dependency or as a result of any mental or physical 
 63.33  condition, including deterioration through the aging process or 
 63.34  loss of motor skills; 
 63.35     (13) revealing a privileged communication from or relating 
 63.36  to a patient except when otherwise required or permitted by law; 
 64.1      (14) improper management of medical records, including 
 64.2   failure to maintain adequate medical records, to comply with a 
 64.3   patient's request made under section 144.335 or to furnish a 
 64.4   medical record or report required by law; 
 64.5      (15) accepting, paying, or promising to pay a part of a fee 
 64.6   in exchange for patient referrals; 
 64.7      (16) engaging in abusive or fraudulent billing practices, 
 64.8   including violations of the federal Medicare and Medicaid laws 
 64.9   or state medical assistance laws; 
 64.10     (17) becoming addicted or habituated to a drug or 
 64.11  intoxicant; 
 64.12     (18) prescribing a drug for other than medically accepted 
 64.13  therapeutic or experimental or investigative purposes authorized 
 64.14  by a state or federal agency; 
 64.15     (19) engaging in sexual conduct with a patient or conduct 
 64.16  that may reasonably be interpreted by the patient as sexual, or 
 64.17  in verbal behavior which is seductive or sexually demeaning to a 
 64.18  patient; 
 64.19     (20) failure to make reports as required by section 153.24 
 64.20  or to cooperate with an investigation of the board as required 
 64.21  by section 153.20; 
 64.22     (21) knowingly providing false or misleading information 
 64.23  that is directly related to the care of that patient unless done 
 64.24  for an accepted therapeutic purpose such as the administration 
 64.25  of a placebo. 
 64.26     Sec. 5.  Minnesota Statutes 2002, section 153.24, 
 64.27  subdivision 4, is amended to read: 
 64.28     Subd. 4.  [INSURERS.] Four times a year ~~as prescribed by~~ 
 64.29  ~~the board~~, by the first day of the months of February, May, 
 64.30  August, and November of each year, each insurer authorized to 
 64.31  sell insurance described in section 60A.06, subdivision 1, 
 64.32  clause (13), and providing professional liability insurance to 
 64.33  podiatrists shall submit to the board a report concerning the 
 64.34  podiatrists against whom podiatric medical malpractice 
 64.35  settlements or awards have been made to the plaintiff.  The 
 64.36  report must contain at least the following information:  
 65.1      (1) the total number of podiatric malpractice settlements 
 65.2   or awards made to the plaintiff; 
 65.3      (2) the date the podiatric malpractice settlements or 
 65.4   awards to the plaintiff were made; 
 65.5      (3) the allegations contained in the claim or complaint 
 65.6   leading to the settlements or awards made to the plaintiff; 
 65.7      (4) the dollar amount of each podiatric malpractice 
 65.8   settlement or award; 
 65.9      (5) the regular address of the practice of the podiatrist 
 65.10  against whom an award was made or with whom a settlement was 
 65.11  made; and 
 65.12     (6) the name of the podiatrist against whom an award was 
 65.13  made or with whom a settlement was made.  
 65.14     The insurance company shall, in addition to the foregoing 
 65.15  information, report to the board any information it has that 
 65.16  tends to substantiate a charge that a podiatrist may have 
 65.17  engaged in conduct violating the law as specified in this 
 65.18  chapter.  
 65.19     Sec. 6.  Minnesota Statutes 2002, section 153.25, 
 65.20  subdivision 1, is amended to read: 
 65.21     Subdivision 1.  [REPORTING.] Any person, health care 
 65.22  facility, business, or organization is immune from civil 
 65.23  liability or criminal prosecution for submitting a report to the 
 65.24  board under section 153.24 or for otherwise reporting to the 
 65.25  board violations or alleged violations of section 
 65.26  153.19.  Reports are confidential data on individuals under 
 65.27  section 13.02, subdivision 3, and are privileged communications. 
 65.28     Sec. 7.  [REPEALER.] 
 65.29     Minnesota Rules, parts 6900.0020, subparts 3, 3a, 9, and 
 65.30  10; and 6900.0400, are repealed.  
 65.31                             ARTICLE 6
 65.32                    ALCOHOL AND DRUG COUNSELORS
 65.33     Section 1.  Minnesota Statutes 2003 Supplement, section 
 65.34  148C.04, subdivision 6, is amended to read: 
 65.35     Subd. 6.  [TEMPORARY PERMIT REQUIREMENTS.] (a) The 
 65.36  commissioner shall issue a temporary permit to practice alcohol 
 66.1   and drug counseling prior to being licensed under this chapter 
 66.2   if the person: 
 66.3      (1) either: 
 66.4      (i) submits verification of a current and unrestricted 
 66.5   credential for the practice of alcohol and drug counseling from 
 66.6   a national certification body or a certification or licensing 
 66.7   body from another state, United States territory, or federally 
 66.8   recognized tribal authority; 
 66.9      (ii) submits verification of the completion of at least 64 
 66.10  semester credits, including 270 clock hours or 18 semester 
 66.11  credits of formal classroom education in alcohol and drug 
 66.12  counseling and at least 880 clock hours of alcohol and drug 
 66.13  counseling practicum from an accredited school or educational 
 66.14  program; ~~or~~ 
 66.15     (iii) applies to renew a lapsed license according to the 
 66.16  requirements of section 148C.055, subdivision 3, clauses (1) and 
 66.17  (2), or section 148C.055, subdivision 4, clauses (1) and (2); or 
 66.18     (iv) meets the requirements of section 148C.11, subdivision 
 66.19  6, clauses (1), (2), and (5); 
 66.20     (2) applies, in writing, on an application form provided by 
 66.21  the commissioner, which includes the nonrefundable temporary 
 66.22  permit fee as specified in section 148C.12 and an affirmation by 
 66.23  the person's supervisor, as defined in paragraph (c), clause 
 66.24  (1), which is signed and dated by the person and the person's 
 66.25  supervisor; and 
 66.26     (3) has not been disqualified to practice temporarily on 
 66.27  the basis of a background investigation under section 148C.09, 
 66.28  subdivision 1a.  
 66.29     (b) The commissioner must notify the person in writing 
 66.30  within 90 days from the date the completed application and all 
 66.31  required information is received by the commissioner whether the 
 66.32  person is qualified to practice under this subdivision. 
 66.33     (c) A person practicing under this subdivision: 
 66.34     (1) may practice under tribal jurisdiction or under the 
 66.35  direct supervision of a person who is licensed under this 
 66.36  chapter; 
 67.1      (2) is subject to the Rules of Professional Conduct set by 
 67.2   rule; and 
 67.3      (3) is not subject to the continuing education requirements 
 67.4   of section 148C.075. 
 67.5      (d) A person practicing under this subdivision must use the 
 67.6   title or description stating or implying that the person is a 
 67.7   trainee engaged in the practice of alcohol and drug counseling. 
 67.8      (e) A person practicing under this subdivision must 
 67.9   annually submit a renewal application on forms provided by the 
 67.10  commissioner with the renewal fee required in section 148C.12, 
 67.11  subdivision 3, and the commissioner may renew the temporary 
 67.12  permit if the trainee meets the requirements of this 
 67.13  subdivision.  A trainee may renew a practice permit no more than 
 67.14  five times. 
 67.15     (f) A temporary permit expires if not renewed, upon a 
 67.16  change of employment of the trainee or upon a change in 
 67.17  supervision, or upon the granting or denial by the commissioner 
 67.18  of a license.  
 67.19     Sec. 2.  Minnesota Statutes 2003 Supplement, section 
 67.20  148C.075, subdivision 2, is amended to read: 
 67.21     Subd. 2.  [CONTINUING EDUCATION REQUIREMENTS FOR LICENSEE'S 
 67.22  FIRST FOUR YEARS.] A licensee must, as part of meeting the clock 
 67.23  hour requirement of this section, obtain and document 18 hours 
 67.24  of cultural diversity training within the first four years after 
 67.25  the licensee's initial license effective date according to the 
 67.26  commissioner's reporting schedule.  Cultural diversity training 
 67.27  includes gaining knowledge in areas described in Minnesota 
 67.28  Rules, part 4747.1100, subpart 2, and in identified population 
 67.29  groups defined in Minnesota Rules, part 4747.0030, subpart 20. 
 67.30     Sec. 3.  Minnesota Statutes 2003 Supplement, section 
 67.31  148C.11, subdivision 6, is amended to read: 
 67.32     Subd. 6.  [TRANSITION PERIOD FOR HOSPITAL AND CITY, COUNTY, 
 67.33  AND STATE AGENCY ALCOHOL AND DRUG COUNSELORS.] For the period 
 67.34  between July 1, 2003, and January 1, 2006, the commissioner 
 67.35  shall grant a license to an individual who is employed as an 
 67.36  alcohol and drug counselor at a Minnesota school district or 
 68.1   hospital, or a city, county, or state agency in Minnesota, if 
 68.2   the individual:  
 68.3      (1) was employed as an alcohol and drug counselor at 
 68.4   a school district, a hospital, or a city, county, or state 
 68.5   agency before August 1, 2002; 
 68.6      (2) has 8,000 hours of alcohol and drug counselor work 
 68.7   experience; 
 68.8      (3) has completed a written case presentation and 
 68.9   satisfactorily passed an oral examination established by the 
 68.10  commissioner; 
 68.11     (4) has satisfactorily passed a written examination as 
 68.12  established by the commissioner; and 
 68.13     (5) meets the requirements in section 148C.0351. 
 68.14     Sec. 4.  Minnesota Statutes 2003 Supplement, section 
 68.15  148C.12, subdivision 2, is amended to read: 
 68.16     Subd. 2.  [BIENNIAL RENEWAL FEE.] The license renewal fee 
 68.17  is $295.  If the commissioner ~~changes~~ establishes the renewal 
 68.18  schedule and the expiration date is less than two years, the fee 
 68.19  must be prorated.  
 68.20     Sec. 5.  Minnesota Statutes 2003 Supplement, section 
 68.21  148C.12, subdivision 3, is amended to read: 
 68.22     Subd. 3.  [TEMPORARY PERMIT FEE.] The initial fee for 
 68.23  applicants under section 148C.04, subdivision 6, paragraph (a), 
 68.24  is $100.  The fee for annual renewal of a temporary permit is 
 68.25  $100, but when the first expiration date occurs in less or more 
 68.26  than one year, the fee must be prorated. 
 68.27                             ARTICLE 7 
 68.28               BOARD OF BEHAVIORAL HEALTH AND THERAPY 
 68.29     Section 1.  Minnesota Statutes 2003 Supplement, section 
 68.30  148B.52, is amended to read: 
 68.31     148B.52 [DUTIES OF THE BOARD.] 
 68.32     (a) The Board of Behavioral Health and Therapy shall: 
 68.33     (1) establish by rule appropriate techniques, including 
 68.34  examinations and other methods, for determining whether 
 68.35  applicants and licensees are qualified under sections 148B.50 to 
 68.36  148B.593; 
 69.1      (2) establish by rule standards for professional conduct, 
 69.2   including adoption of a Code of Professional Ethics and 
 69.3   requirements for continuing education and supervision; 
 69.4      (3) issue licenses to individuals qualified under sections 
 69.5   148B.50 to 148B.593; 
 69.6      (4) establish by rule standards for initial education 
 69.7   including coursework for licensure and content of professional 
 69.8   education; 
 69.9      (5) ~~establish by rule procedures, including a standard~~ 
 69.10  ~~disciplinary process, to assess whether individuals licensed as~~ 
 69.11  ~~licensed professional counselors comply with the board's rules;~~ 
 69.12     ~~(6)~~ establish, maintain, and publish annually a register of 
 69.13  current licensees and approved supervisors; 
 69.14     ~~(7)~~ (6) establish initial and renewal application and 
 69.15  examination fees sufficient to cover operating expenses of the 
 69.16  board and its agents; 
 69.17     ~~(8)~~ (7) educate the public about the existence and content 
 69.18  of the laws and rules for licensed professional counselors to 
 69.19  enable consumers to file complaints against licensees who may 
 69.20  have violated the rules; 
 69.21     ~~(9) establish rules and regulations pertaining to treatment~~ 
 69.22  ~~for impaired practitioners;~~ and 
 69.23     ~~(10)~~ (8) periodically evaluate its rules in order to refine 
 69.24  the standards for licensing professional counselors and to 
 69.25  improve the methods used to enforce the board's standards.  
 69.26     (b) The board may appoint a professional discipline 
 69.27  committee for each occupational licensure regulated by the 
 69.28  board, and may appoint a board member as chair.  The 
 69.29  professional discipline committee shall consist of five members 
 69.30  representative of the licensed occupation and shall provide 
 69.31  recommendations to the board with regard to rule techniques, 
 69.32  standards, procedures, and related issues specific to the 
 69.33  licensed occupation.  
 69.34     Sec. 2.  Minnesota Statutes 2003 Supplement, section 
 69.35  148B.53, subdivision 1, is amended to read: 
 69.36     Subdivision 1.  [GENERAL REQUIREMENTS.] (a) To be licensed 
 70.1   as a licensed professional counselor (LPC), an applicant must 
 70.2   provide evidence satisfactory to the board that the applicant: 
 70.3      (1) is at least 18 years of age; 
 70.4      (2) is of good moral character; 
 70.5      (3) has completed a master's degree program in counseling 
 70.6   that includes a minimum of 48 semester hours and a supervised 
 70.7   field experience of not fewer than 700 hours that is counseling 
 70.8   in nature; 
 70.9      (4) has submitted to the board a plan for supervision 
 70.10  during the first 2,000 hours of professional practice or has 
 70.11  submitted proof of supervised professional practice that is 
 70.12  acceptable to the board; and 
 70.13     (5) has demonstrated competence in professional counseling 
 70.14  by passing the National Counseling Exam (NCE) administered by 
 70.15  the National Board for Certified Counselors, Inc. (NBCC) 
 70.16  including obtaining a passing score on the examination accepted 
 70.17  by the board based on the determinations made by the NBCC and 
 70.18  oral and situational examinations if prescribed by the board~~;~~ 
 70.19     ~~(6) will conduct all professional activities as a licensed~~ 
 70.20  ~~professional counselor in accordance with standards for~~ 
 70.21  ~~professional conduct established by the rules of the board; and~~ 
 70.22     ~~(7) has declared to the board and agrees to continue to~~ 
 70.23  ~~declare areas of professional competencies through a statement~~ 
 70.24  ~~of professional disclosure, describing the intended use of the~~ 
 70.25  ~~license and the population to be served~~.  
 70.26     (b) The degree described in paragraph (a), clause (3), must 
 70.27  be from a counseling program recognized by the Council for 
 70.28  Accreditation of Counseling and Related Education Programs 
 70.29  (CACREP) or from an institution of higher education that is 
 70.30  accredited by a regional accrediting organization recognized by 
 70.31  the Council for Higher Education Accreditation (CHEA).  Specific 
 70.32  academic course content and training must meet standards 
 70.33  established by the CACREP, including course work in the 
 70.34  following subject areas: 
 70.35     (1) the helping relationship, including counseling theory 
 70.36  and practice; 
 71.1      (2) human growth and development; 
 71.2      (3) lifestyle and career development; 
 71.3      (4) group dynamics, processes, counseling, and consulting; 
 71.4      (5) assessment and appraisal; 
 71.5      (6) social and cultural foundations, including 
 71.6   multicultural issues; 
 71.7      (7) principles of etiology, treatment planning, and 
 71.8   prevention of mental and emotional disorders and dysfunctional 
 71.9   behavior; 
 71.10     (8) family counseling and therapy; 
 71.11     (9) research and evaluation; and 
 71.12     (10) professional counseling orientation and ethics. 
 71.13     (c) To be licensed as a professional counselor, a 
 71.14  psychological practitioner licensed under section 148.908 need 
 71.15  only show evidence of licensure under that section and is not 
 71.16  required to comply with paragraph (a) or (b). 
 71.17     Sec. 3.  Minnesota Statutes 2003 Supplement, section 
 71.18  148B.53, subdivision 3, is amended to read: 
 71.19     Subd. 3.  [FEE.] Each applicant shall pay a nonrefundable 
 71.20  fee ~~set by the board~~ as follows: 
 71.21     (1) initial license application fee for licensed 
 71.22  professional counseling (LPC) - $250; 
 71.23     (2) annual active license renewal fee for LPC - $200 or 
 71.24  equivalent; 
 71.25     (3) annual inactive license renewal fee for LPC - $100; 
 71.26     (4) license renewal late fee - $100 per month or portion 
 71.27  thereof; 
 71.28     (5) copy of board order or stipulation - $10; 
 71.29     (6) certificate of good standing or license verification - 
 71.30  $10; 
 71.31     (7) duplicate certificate fee - $10; 
 71.32     (8) professional firm renewal fee - $25; 
 71.33     (9) initial registration fee - $50; and 
 71.34     (10) annual registration renewal fee - $25. 
 71.35     Sec. 4.  Minnesota Statutes 2003 Supplement, section 
 71.36  148B.54, is amended to read: 
 72.1      148B.54 [LICENSE RENEWAL REQUIREMENTS.] 
 72.2      Subdivision 1.  [RENEWAL.] Licensees shall renew licenses 
 72.3   at the time and in the manner established by the rules of the 
 72.4   board. 
 72.5      Subd. 2.  [CONTINUING EDUCATION.] At the completion of the 
 72.6   first two years of licensure, a licensee must provide evidence 
 72.7   satisfactory to the board of completion of 12 additional 
 72.8   postgraduate semester credit hours or its equivalent in 
 72.9   counseling as determined by the board, except that no licensee 
 72.10  shall be required to show evidence of greater than 60 semester 
 72.11  hours or its equivalent.  Thereafter, at the time of renewal, 
 72.12  each licensee shall provide evidence satisfactory to the board 
 72.13  that the licensee has completed during each two-year period at 
 72.14  least the equivalent of 40 clock hours of professional 
 72.15  postdegree continuing education in programs approved by the 
 72.16  board and continues to be qualified to practice under sections 
 72.17  148B.50 to 148B.593.  
 72.18     Sec. 5.  Minnesota Statutes 2003 Supplement, section 
 72.19  148B.55, is amended to read: 
 72.20     148B.55 [LICENSES; TRANSITION PERIOD.] 
 72.21     For two years beginning July 1, 2003, the board shall issue 
 72.22  a license without examination to an applicant if the board 
 72.23  determines that the applicant otherwise satisfies the 
 72.24  requirements in section 148B.53, subdivision 1, if the applicant 
 72.25  is a licensed psychological practitioner, a licensed marriage 
 72.26  and family therapist, or a licensed alcohol and drug counselor, 
 72.27  or is in the process of being so licensed.  An applicant 
 72.28  licensed under this section must also agree to conduct all 
 72.29  professional activities as a licensed professional counselor in 
 72.30  accordance with standards for professional conduct established 
 72.31  by the board by rule.  This section expires July 1, 2005.  
 72.32     Sec. 6.  Minnesota Statutes 2003 Supplement, section 
 72.33  148B.59, is amended to read: 
 72.34     148B.59 [GROUNDS FOR DISCIPLINARY ACTION; FORMS OF 
 72.35  DISCIPLINARY ACTION; RESTORATION OF LICENSE.] 
 72.36     (a) The board may impose disciplinary action as described 
 73.1   in paragraph (b) against an applicant or licensee whom the 
 73.2   board, by a preponderance of the evidence, determines:  
 73.3      (1) has violated a statute, rule, or order that the board 
 73.4   issued or is empowered to enforce; 
 73.5      (2) has engaged in fraudulent, deceptive, or dishonest 
 73.6   conduct, whether or not the conduct relates to the practice of 
 73.7   licensed professional counseling, that adversely affects the 
 73.8   person's ability or fitness to practice professional counseling; 
 73.9      (3) has engaged in unprofessional conduct or any other 
 73.10  conduct which has the potential for causing harm to the public, 
 73.11  including any departure from or failure to conform to the 
 73.12  minimum standards of acceptable and prevailing practice without 
 73.13  actual injury having to be established; 
 73.14     (4) has been convicted of or has pled guilty or nolo 
 73.15  contendere to a felony or other crime, an element of which is 
 73.16  dishonesty or fraud, or has been shown to have engaged in acts 
 73.17  or practices tending to show that the applicant or licensee is 
 73.18  incompetent or has engaged in conduct reflecting adversely on 
 73.19  the applicant's or licensee's ability or fitness to engage in 
 73.20  the practice of professional counseling; 
 73.21     (5) has employed fraud or deception in obtaining or 
 73.22  renewing a license, or in passing an examination; 
 73.23     (6) has had any counseling license, certificate, 
 73.24  registration, privilege to take an examination, or other similar 
 73.25  authority denied, revoked, suspended, canceled, limited, or not 
 73.26  renewed for cause in any jurisdiction; 
 73.27     (7) has failed to meet any requirement for the issuance or 
 73.28  renewal of the person's license.  The burden of proof is on the 
 73.29  applicant or licensee to demonstrate the qualifications or 
 73.30  satisfy the requirements for a license under the licensed 
 73.31  professional counseling act; 
 73.32     (8) has failed to cooperate with an investigation of the 
 73.33  board; 
 73.34     (9) has demonstrated an inability to practice professional 
 73.35  counseling with reasonable skill and safety to clients due to 
 73.36  any mental or physical illness or condition; ~~or~~ 
 74.1      (10) has engaged in fee splitting.  This clause does not 
 74.2   apply to the distribution of revenues from a partnership, group 
 74.3   practice, nonprofit corporation, or professional corporation to 
 74.4   its partners, shareholders, members, or employees if the 
 74.5   revenues consist only of fees for services performed by the 
 74.6   licensee or under a licensee's administrative authority.  Fee 
 74.7   splitting includes, but is not limited to: 
 74.8      (i) dividing fees with another person or a professional 
 74.9   corporation, unless the division is in proportion to the 
 74.10  services provided and the responsibility assumed by each 
 74.11  professional; and 
 74.12     (ii) referring a client to any health care provider as 
 74.13  defined in section 144.335 in which the referring licensee has a 
 74.14  significant financial interest, unless the licensee has 
 74.15  disclosed in advance to the client the licensee's own financial 
 74.16  interest; or 
 74.17     (11) has engaged in conduct with a patient that is sexual 
 74.18  or may reasonably be interpreted by the patient as sexual, or in 
 74.19  any verbal behavior that is seductive or sexually demeaning to a 
 74.20  patient. 
 74.21     (b) If grounds for disciplinary action exist under 
 74.22  paragraph (a), the board may take one or more of the following 
 74.23  actions: 
 74.24     (1) refuse to grant or renew a license; 
 74.25     (2) revoke a license; 
 74.26     (3) suspend a license; 
 74.27     (4) impose limitations or conditions on a licensee's 
 74.28  practice of professional counseling, including, but not limited 
 74.29  to, limiting the scope of practice to designated competencies, 
 74.30  imposing retraining or rehabilitation requirements, requiring 
 74.31  the licensee to practice under supervision, or conditioning 
 74.32  continued practice on the demonstration of knowledge or skill by 
 74.33  appropriate examination or other review of skill and competence; 
 74.34     (5) censure or reprimand the licensee; 
 74.35     (6) refuse to permit an applicant to take the licensure 
 74.36  examination or refuse to release an applicant's examination 
 75.1   grade if the board finds that it is in the public interest; or 
 75.2      (7) impose a civil penalty not exceeding $10,000 for each 
 75.3   separate violation, the amount of the civil penalty to be fixed 
 75.4   so as to deprive the ~~physical therapist~~ applicant or licensee of 
 75.5   any economic advantage gained by reason of the violation 
 75.6   charged, to discourage similar violations or to reimburse the 
 75.7   board for the cost of the investigation and proceeding, 
 75.8   including, but not limited to, fees paid for services provided 
 75.9   by the Office of Administrative Hearings, legal and 
 75.10  investigative services provided by the Office of the Attorney 
 75.11  General, court reporters, witnesses, reproduction of records, 
 75.12  board members' per diem compensation, board staff time, and 
 75.13  travel costs and expenses incurred by board staff and board 
 75.14  members.  
 75.15     (c) In lieu of or in addition to paragraph (b), the board 
 75.16  may require, as a condition of continued licensure, termination 
 75.17  of suspension, reinstatement of license, examination, or release 
 75.18  of examination grades, that the applicant or licensee: 
 75.19     (1) submit to a quality review, as specified by the board, 
 75.20  of the applicant's or licensee's ability, skills, or quality of 
 75.21  work; and 
 75.22     (2) complete to the satisfaction of the board educational 
 75.23  courses specified by the board. 
 75.24  The board may also refer a licensee, if appropriate, to the 
 75.25  health professionals services program described in sections 
 75.26  214.31 to 214.37. 
 75.27     (d) Service of the order is effective if the order is 
 75.28  served on the applicant, licensee, or counsel of record 
 75.29  personally or by mail to the most recent address provided to the 
 75.30  board for the licensee, applicant, or counsel of record.  The 
 75.31  order shall state the reasons for the entry of the order. 
 75.32     Sec. 7.  [148B.5915] [PROFESSIONAL COOPERATION; APPLICANT 
 75.33  OR LICENSEE.] 
 75.34     An applicant or a licensee who is the subject of an 
 75.35  investigation or who is questioned in connection with an 
 75.36  investigation by or on behalf of the board shall cooperate fully 
 76.1   with the investigation.  Cooperation includes responding fully 
 76.2   and promptly to any question raised by or on behalf of the board 
 76.3   relating to the subject of the investigation, executing all 
 76.4   releases requested by the board, providing copies of client and 
 76.5   other records in the applicant's or licensee's possession 
 76.6   relating to the matter under investigation and executing 
 76.7   releases for records, as reasonably requested by the board, and 
 76.8   appearing at conferences or hearings scheduled by the board.  
 76.9   The board shall pay for copies requested.  The board shall be 
 76.10  allowed access to any records of a client provided services by 
 76.11  the applicant or licensee under review.  If the client has not 
 76.12  signed a consent permitting access to the client's records, the 
 76.13  applicant or licensee shall delete any data in the record that 
 76.14  identifies the client before providing them to the board.  The 
 76.15  board shall maintain any records obtained under this section as 
 76.16  investigative data pursuant to chapter 13. 
 76.17     Sec. 8.  [148B.5916] [IMMUNITY.] 
 76.18     Subdivision 1.  [REPORTING.] A person, health care 
 76.19  facility, business, or organization is immune from civil 
 76.20  liability or criminal prosecution for reporting to the board 
 76.21  violations or alleged violations of sections 148B.50 to 148B.593.
 76.22  All such reports are classified under section 13.41. 
 76.23     Subd. 2.  [INVESTIGATION.] Members of the board, persons 
 76.24  employed by the board, and consultants retained by the board for 
 76.25  the purpose of investigation of violations or the preparation 
 76.26  and management of charges of violations of this chapter on 
 76.27  behalf of the board are immune from civil liability and criminal 
 76.28  prosecution for any actions, transactions, or publications in 
 76.29  the execution of, or relating to, their duties under sections 
 76.30  148B.50 to 148B.593. 
 76.31     Sec. 9.  Laws 2003, chapter 118, section 28, is amended to 
 76.32  read: 
 76.33     Sec. 28.  [REVISOR INSTRUCTION.] 
 76.34     (a) The revisor of statutes shall insert the "board of 
 76.35  behavioral health and therapy" or "board" wherever "commissioner 
 76.36  of health" or "commissioner" appears in Minnesota Statutes, 
 77.1   chapter 148C, and Minnesota Rules, chapter 4747.  
 77.2      <b>[EFFECTIVE DATE.]</b> This paragraph is effective July 1, 2005. 
 77.3      (b) The revisor of statutes shall strike the terms 
 77.4   "unlicensed mental health practitioner" and "the office of 
 77.5   unlicensed mental health practitioner" from Minnesota Statutes 
 77.6   and Minnesota Rules.  
 77.7      <b>[EFFECTIVE DATE.]</b> This paragraph is effective July 1, 
 77.8   ~~2004~~ 2005. 
 77.9      Sec. 10.  Laws 2003, chapter 118, section 29, is amended to 
 77.10  read: 
 77.11     Sec. 29.  [REPEALER.] 
 77.12     (a) Minnesota Statutes 2002, sections 148B.60; 148B.61; 
 77.13  148B.63; 148B.64; 148B.65; 148B.66; 148B.67; 148B.68; 148B.69; 
 77.14  148B.70; and 148B.71, are repealed.  
 77.15     <b>[EFFECTIVE DATE.]</b> This paragraph is effective July 1, 
 77.16  ~~2004~~ 2005.  
 77.17     (b) Minnesota Statutes 2002, section 148C.01, subdivision 
 77.18  6, is repealed. 
 77.19     <b>[EFFECTIVE DATE.]</b> This paragraph is effective July 1, 2005. 
 77.20     Sec. 11.  [TRANSITION PLAN.] 
 77.21     The commissioner of health, in consultation with the 
 77.22  executive directors of the health-related licensing boards, must 
 77.23  develop a transition plan to transfer the authority for licensed 
 77.24  alcohol and drug counselors from the commissioner of health to 
 77.25  the Board of Behavioral Health and Therapy and for the 
 77.26  regulation of unlicensed mental health practitioners by the 
 77.27  Board of Behavioral Health and Therapy after July 1, 2005.  The 
 77.28  transition plan must include any necessary legislative language 
 77.29  to transfer authority and corresponding funding to the board, 
 77.30  identify critical licensing activities, and specify a schedule 
 77.31  for transferring all duties and activities.  
 77.32     Sec. 12.  [EFFECTIVE DATE.] 
 77.33     Sections 1 to 8 are effective the day following final 
 77.34  enactment.