1.1.................... moves to amend H.F. No. 535 as follows:
1.2Delete everything after the enacting clause and insert:


1.5    Section 1. Minnesota Statutes 2008, section 214.103, subdivision 9, is amended to read:
1.6    Subd. 9. Information to complainant. A board shall furnish to a person who
1.7made a complaint a written description of the board's complaint process, and actions of
1.8the board relating to the complaint. The written notice from the board must advise the
1.9complainant of the right to appeal the board's decision to the attorney general within
1.1030 days of receipt of the notice.


1.13    Section 1. Minnesota Statutes 2008, section 148.06, subdivision 1, is amended to read:
1.14    Subdivision 1. License required; qualifications. No person shall practice
1.15chiropractic in this state without first being licensed by the state Board of Chiropractic
1.16Examiners. The applicant shall have earned at least one-half of all academic credits
1.17required for awarding of a baccalaureate degree from the University of Minnesota, or
1.18other university, college, or community college of equal standing, in subject matter
1.19determined by the board, and taken a four-year resident course of at least eight months
1.20each in a school or college of chiropractic or in a chiropractic program that is accredited
1.21by the Council on Chiropractic Education, holds a recognition agreement with the
1.22Council on Chiropractic Education, or is accredited by an agency approved by the United
1.23States Office of Education or their successors as of January 1, 1988, or is approved by a
1.24Council on Chiropractic Education member organization of the Council on Chiropractic
1.25International. The board may issue licenses to practice chiropractic without compliance
2.1with prechiropractic or academic requirements listed above if in the opinion of the board
2.2the applicant has the qualifications equivalent to those required of other applicants, the
2.3applicant satisfactorily passes written and practical examinations as required by the Board
2.4of Chiropractic Examiners, and the applicant is a graduate of a college of chiropractic
2.5with a recognition agreement with the Council on Chiropractic Education approved by a
2.6Council on Chiropractic Education member organization of the Council on Chiropractic
2.7International. The board may recommend a two-year prechiropractic course of instruction
2.8to any university, college, or community college which in its judgment would satisfy the
2.9academic prerequisite for licensure as established by this section.
2.10An examination for a license shall be in writing and shall include testing in:
2.11(a) The basic sciences including but not limited to anatomy, physiology, bacteriology,
2.12pathology, hygiene, and chemistry as related to the human body or mind;
2.13(b) The clinical sciences including but not limited to the science and art of
2.14chiropractic, chiropractic physiotherapy, diagnosis, roentgenology, and nutrition; and
2.15(c) Professional ethics and any other subjects that the board may deem advisable.
2.16The board may consider a valid certificate of examination from the National Board
2.17of Chiropractic Examiners as evidence of compliance with the examination requirements
2.18of this subdivision. The applicant shall be required to give practical demonstration in
2.19vertebral palpation, neurology, adjusting and any other subject that the board may deem
2.20advisable. A license, countersigned by the members of the board and authenticated by the
2.21seal thereof, shall be granted to each applicant who correctly answers 75 percent of the
2.22questions propounded in each of the subjects required by this subdivision and meets the
2.23standards of practical demonstration established by the board. Each application shall be
2.24accompanied by a fee set by the board. The fee shall not be returned but the applicant
2.25may, within one year, apply for examination without the payment of an additional fee. The
2.26board may grant a license to an applicant who holds a valid license to practice chiropractic
2.27issued by the appropriate licensing board of another state, provided the applicant meets
2.28the other requirements of this section and satisfactorily passes a practical examination
2.29approved by the board. The burden of proof is on the applicant to demonstrate these
2.30qualifications or satisfaction of these requirements.


2.33    Section 1. Minnesota Statutes 2008, section 151.37, subdivision 2, is amended to read:
2.34    Subd. 2. Prescribing and filing. (a) A licensed practitioner in the course of
2.35professional practice only, may prescribe, administer, and dispense a legend drug, and may
3.1cause the same to be administered by a nurse, a physician assistant, or medical student or
3.2resident under the practitioner's direction and supervision, and may cause a person who
3.3is an appropriately certified, registered, or licensed health care professional to prescribe,
3.4dispense, and administer the same within the expressed legal scope of the person's practice
3.5as defined in Minnesota Statutes. A licensed practitioner may prescribe a legend drug,
3.6without reference to a specific patient, by directing a nurse, pursuant to section 148.235,
3.7subdivisions 8 and 9 , physician assistant, or medical student or resident, or pharmacist
3.8according to section 151.01, subdivision 27, to adhere to a particular practice guideline or
3.9protocol when treating patients whose condition falls within such guideline or protocol,
3.10and when such guideline or protocol specifies the circumstances under which the legend
3.11drug is to be prescribed and administered. An individual who verbally, electronically, or
3.12otherwise transmits a written, oral, or electronic order, as an agent of a prescriber, shall
3.13not be deemed to have prescribed the legend drug. This paragraph applies to a physician
3.14assistant only if the physician assistant meets the requirements of section 147A.18.
3.15    (b) A licensed practitioner that dispenses for profit a legend drug that is to be
3.16administered orally, is ordinarily dispensed by a pharmacist, and is not a vaccine, must
3.17file with the practitioner's licensing board a statement indicating that the practitioner
3.18dispenses legend drugs for profit, the general circumstances under which the practitioner
3.19dispenses for profit, and the types of legend drugs generally dispensed. It is unlawful to
3.20dispense legend drugs for profit after July 31, 1990, unless the statement has been filed
3.21with the appropriate licensing board. For purposes of this paragraph, "profit" means (1)
3.22any amount received by the practitioner in excess of the acquisition cost of a legend drug
3.23for legend drugs that are purchased in prepackaged form, or (2) any amount received
3.24by the practitioner in excess of the acquisition cost of a legend drug plus the cost of
3.25making the drug available if the legend drug requires compounding, packaging, or other
3.26treatment. The statement filed under this paragraph is public data under section 13.03.
3.27This paragraph does not apply to a licensed doctor of veterinary medicine or a registered
3.28pharmacist. Any person other than a licensed practitioner with the authority to prescribe,
3.29dispense, and administer a legend drug under paragraph (a) shall not dispense for profit.
3.30To dispense for profit does not include dispensing by a community health clinic when the
3.31profit from dispensing is used to meet operating expenses.
3.32    (c) A prescription or drug order for the following drugs is not valid, unless it can be
3.33established that the prescription or order was based on a documented patient evaluation,
3.34including an examination, adequate to establish a diagnosis and identify underlying
3.35conditions and contraindications to treatment:
3.36    (1) controlled substance drugs listed in section 152.02, subdivisions 3 to 5;
4.1    (2) drugs defined by the Board of Pharmacy as controlled substances under section
4.2152.02, subdivisions 7 , 8, and 12;
4.3    (3) muscle relaxants;
4.4    (4) centrally acting analgesics with opioid activity;
4.5    (5) drugs containing butalbital; or
4.6    (6) phoshodiesterase type 5 inhibitors when used to treat erectile dysfunction.
4.7    (d) For the purposes of paragraph (c), the requirement for an examination shall be
4.8met if an in-person examination has been completed in any of the following circumstances:
4.9    (1) the prescribing practitioner examines the patient at the time the prescription
4.10or drug order is issued;
4.11    (2) the prescribing practitioner has performed a prior examination of the patient;
4.12    (3) another prescribing practitioner practicing within the same group or clinic as the
4.13prescribing practitioner has examined the patient;
4.14    (4) a consulting practitioner to whom the prescribing practitioner has referred the
4.15patient has examined the patient; or
4.16    (5) the referring practitioner has performed an examination in the case of a
4.17consultant practitioner issuing a prescription or drug order when providing services by
4.18means of telemedicine.
4.19    (e) Nothing in paragraph (c) or (d) prohibits a licensed practitioner from prescribing
4.20a drug through the use of a guideline or protocol pursuant to paragraph (a).
4.21    (f) Nothing in this chapter prohibits a licensed practitioner from issuing a
4.22prescription or dispensing a legend drug in accordance with the Expedited Partner Therapy
4.23in the Management of Sexually Transmitted Diseases guidance document issued by the
4.24United States Centers for Disease Control.
4.25    (g) Nothing in paragraph (c) or (d) limits prescription, administration, or dispensing
4.26of legend drugs through a public health clinic or other distribution mechanism approved
4.27by the commissioner of health or a board of health in order to prevent, mitigate, or treat
4.28a pandemic illness, infectious disease outbreak, or intentional or accidental release of a
4.29biological, chemical, or radiological agent.
4.30    (h) No pharmacist employed by, under contract to, or working for a pharmacy
4.31licensed under section 151.19, subdivision 1, may dispense a legend drug based on a
4.32prescription that the pharmacist knows, or would reasonably be expected to know, is not
4.33valid under paragraph (c).
4.34    (i) No pharmacist employed by, under contract to, or working for a pharmacy
4.35licensed under section 151.19, subdivision 2, may dispense a legend drug to a resident
5.1of this state based on a prescription that the pharmacist knows, or would reasonably be
5.2expected to know, is not valid under paragraph (c).


5.5    Section 1. Minnesota Statutes 2008, section 147C.01, is amended to read:
5.6147C.01 DEFINITIONS.
5.7    Subdivision 1. Applicability. The definitions in this section apply to this chapter.
5.8    Subd. 2. Advisory council. "Advisory council" means the Respiratory Care
5.9Practitioner Advisory Council established under section 147C.35.
5.10    Subd. 3. Approved education program. "Approved education program" means a
5.11university, college, or other postsecondary education program leading to eligibility for
5.12registry or certification in respiratory care, that, at the time the student completes the
5.13program, is accredited by a national accrediting organization approved by the board.
5.14    Subd. 4. Board. "Board" means the Board of Medical Practice or its designee.
5.15    Subd. 5. Contact hour. "Contact hour" means an instructional session of 50
5.16consecutive minutes, excluding coffee breaks, registration, meals without a speaker, and
5.17social activities.
5.18    Subd. 6. Credential. "Credential" means a license, permit, certification, registration,
5.19or other evidence of qualification or authorization to engage in respiratory care practice in
5.20this state or any other state.
5.21    Subd. 7. Credentialing examination. "Credentialing examination" means an
5.22examination administered by the National Board for Respiratory Care or other national
5.23testing organization approved by the board, its successor organization, or the Canadian
5.24Society for Respiratory Care for credentialing as a certified respiratory therapy technician,
5.25registered respiratory therapist, or other title indicating an entry or advanced level
5.26respiratory care practitioner.
5.27    Subd. 8. Health care facility. "Health care facility" means a hospital as defined in
5.28section 144.50, subdivision 2, a medical facility as defined in section 144.561, subdivision
5.291 , paragraph (b), or a nursing home as defined in section 144A.01, subdivision 5, a
5.30long-term acute care facility, a subacute care facility, an outpatient clinic, a physician's
5.31office, a rehabilitation facility, or a hospice.
5.32    Subd. 9. Qualified medical direction. "Qualified medical direction" means
5.33direction from a licensed physician who is on the staff or is a consultant of a health care
5.34facility or home care agency or home medical equipment provider and who has a special
6.1interest in and knowledge of the diagnosis and treatment of deficiencies, abnormalities,
6.2and diseases of the cardiopulmonary system.
6.3    Subd. 10. Respiratory care. "Respiratory care" means the provision of services
6.4described under section 147C.05 for the assessment, treatment, education, management,
6.5evaluation, and care of patients with deficiencies, abnormalities, and diseases of the
6.6cardiopulmonary system, under the guidance of qualified medical direction supervision of
6.7a physician and pursuant to a referral, or verbal, written, or telecommunicated order from
6.8a physician who has medical responsibility for the patient, nurse practitioner, or physician
6.9assistant. It Respiratory care includes, but is not limited to, education pertaining to health
6.10promotion, and disease prevention and management, patient care, and treatment.

6.11    Sec. 2. Minnesota Statutes 2008, section 147C.05, is amended to read:
6.12147C.05 SCOPE OF PRACTICE.
6.13(a) The practice of respiratory care by a registered licensed respiratory care
6.14practitioner therapist includes, but is not limited to, the following services:
6.15(1) providing and monitoring therapeutic administration of medical gases, aerosols,
6.16humidification, and pharmacological agents related to respiratory care procedures, but not
6.17including administration of general anesthesia;
6.18(2) carrying out therapeutic application and monitoring of mechanical ventilatory
6.19support;
6.20(3) providing cardiopulmonary resuscitation and maintenance of natural airways and
6.21insertion and maintenance of artificial airways;
6.22(4) assessing and monitoring signs, symptoms, and general behavior relating to, and
6.23general physical response to, respiratory care treatment or evaluation for treatment and
6.24diagnostic testing, including determination of whether the signs, symptoms, reactions,
6.25behavior, or general response exhibit abnormal characteristics;
6.26(5) obtaining physiological specimens and interpreting physiological data including:
6.27(i) analyzing arterial and venous blood gases;
6.28(ii) assessing respiratory secretions;
6.29(iii) measuring ventilatory volumes, pressures, and flows;
6.30(iv) testing pulmonary function;
6.31(v) testing and studying the cardiopulmonary system; and
6.32(vi) diagnostic and therapeutic testing of breathing patterns related to sleep disorders;
6.33(6) assisting hemodynamic monitoring and support of the cardiopulmonary system;
7.1(7) assessing and making suggestions for modifications in the treatment regimen
7.2based on abnormalities, protocols, or changes in patient response to respiratory care
7.3treatment;
7.4(8) providing cardiopulmonary rehabilitation including respiratory-care related
7.5educational components, postural drainage, chest physiotherapy, breathing exercises,
7.6aerosolized administration of medications, and equipment use and maintenance;
7.7(9) instructing patients and their families in techniques for the prevention, alleviation,
7.8and rehabilitation of deficiencies, abnormalities, and diseases of the cardiopulmonary
7.9system; and
7.10(10) transcribing and implementing verbal, written, or telecommunicated orders from
7.11a physician, nurse practitioner, or physician assistant orders for respiratory care services;
7.12(11) tobacco cessation and prevention programs; and
7.13(12) disease management programs, including but not limited to, asthma and chronic
7.14obstructive pulmonary disease.
7.15(b) Patient service by a practitioner must be limited to:
7.16(1) services within the training and experience of the practitioner; and
7.17(2) services within the parameters of the laws, rules, and standards of the facilities in
7.18which the respiratory care practitioner practices.
7.19(c) Respiratory care services provided by a registered respiratory care practitioner,
7.20whether delivered in a health care facility or the patient's residence, must not be provided
7.21except upon referral from a physician.
7.22(b) This section does not prohibit a respiratory therapist from performing advances
7.23in the art and techniques of respiratory care learned through formal or specialized training
7.24as approved by the Respiratory Care Advisory Council.
7.25(d) (c) This section does not prohibit an individual licensed or registered credentialed
7.26as a respiratory therapist in another state or country from providing respiratory care in an
7.27emergency in this state, providing respiratory care as a member of an organ harvesting
7.28team, or from providing respiratory care on board an ambulance as part of an ambulance
7.29treatment team.

7.30    Sec. 3. Minnesota Statutes 2008, section 147C.10, is amended to read:
7.31147C.10 UNLICENSED PRACTICE PROHIBITED; PROTECTED TITLES
7.32AND RESTRICTIONS ON USE.
7.33    Subdivision 1. Protected titles. No individual may A person who does not hold
7.34a license or temporary permit under this chapter as a respiratory therapist or whose
7.35license or permit has lapsed, been suspended, or revoked may not use the title "Minnesota
8.1registered licensed respiratory care practitioner therapist," "registered licensed respiratory
8.2care practitioner therapist," "respiratory care practitioner," "respiratory therapist,"
8.3"respiratory therapy (or care) technician," "inhalation therapist," or "inhalation therapy
8.4technician," or use, in connection with the individual's name, the letters "RCP," "RT" or
8.5"LRT" or any other titles, words, letters, abbreviations, or insignia indicating or implying
8.6that the individual is eligible for registration licensure by the state as a respiratory care
8.7practitioner therapist unless the individual has been registered licensed as a respiratory
8.8care practitioner therapist according to this chapter.
8.9    Subd. 1a. Unlicensed practice prohibited. No person shall practice respiratory
8.10care unless the person is licensed as a respiratory therapist under this chapter except
8.11as otherwise provided under this chapter.
8.12    Subd. 2. Other health care practitioners. (a) Nonphysician individuals practicing
8.13in a health care occupation or profession are not restricted in the provision of services
8.14included in section 147C.05, as long as they do not hold themselves out as respiratory care
8.15practitioners by or through the use of the titles provided in subdivision 1 in association
8.16with provision of these services. Nothing in this chapter shall prohibit the practice of any
8.17profession or occupation licensed or registered by the state by any person duly licensed or
8.18registered to practice the profession or occupation or to perform any act that falls within
8.19the scope of practice of the profession or occupation.
8.20(b) Physician practitioners are exempt from this chapter.
8.21(c) Nothing in this chapter shall be construed to require registration of a respiratory
8.22care license for:
8.23(1) a respiratory care practitioner student enrolled in a respiratory therapy or
8.24polysomnography technology education program accredited by the Commission on
8.25Accreditation of Allied Health Education Programs, its successor organization, or another
8.26national recognized accrediting organization approved by the board; and
8.27(2) a respiratory care practitioner employed in the service of the federal government
8.28therapist as a member of the United States armed forces while performing duties incident
8.29to that employment. duty;
8.30(3) an individual employed by a durable medical equipment provider or home
8.31medical equipment provider who delivers, sets up, or maintains respiratory care
8.32equipment, but does not perform assessment, education, or evaluation of the patient;
8.33(4) self-care by a patient or gratuitous care by a friend or relative who does not
8.34purport to be a licensed respiratory therapist; or
8.35(5) an individual employed in a sleep lab or center as a polysomnographic
8.36technologist under the supervision of a licensed physician.
9.1    Subd. 3. Penalty. A person who violates subdivision 1 this section is guilty of a
9.2gross misdemeanor.
9.3    Subd. 4. Identification of registered licensed practitioners. Respiratory care
9.4practitioners registered therapists licensed in Minnesota shall wear name tags that identify
9.5them as respiratory care practitioners therapists while in a professional setting. If not
9.6written in full, this must be designated as RCP "RT" or "LRT". A student attending a an
9.7accredited respiratory therapy training education program or a tutorial intern program
9.8must be identified as a student respiratory care practitioner therapist. This abbreviated
9.9designation is Student RCP RT. Unregulated individuals who work in an assisting
9.10respiratory role under the supervision of respiratory care practitioners therapists must be
9.11identified as respiratory care therapy assistants or aides.

9.12    Sec. 4. Minnesota Statutes 2008, section 147C.15, is amended to read:
9.13147C.15 REGISTRATION LICENSURE REQUIREMENTS.
9.14    Subdivision 1. General requirements for registration licensure. To be eligible
9.15for registration a license, an applicant, with the exception of those seeking registration
9.16licensure by reciprocity under subdivision 2, must:
9.17(1) submit a completed application on forms provided by the board along with all
9.18fees required under section 147C.40 that includes:
9.19(i) the applicant's name, Social Security number, home address, e-mail address, and
9.20telephone number, and business address and telephone number;
9.21(ii) the name and location of the respiratory care therapy education program the
9.22applicant completed;
9.23(iii) a list of degrees received from educational institutions;
9.24(iv) a description of the applicant's professional training beyond the first degree
9.25received;
9.26(v) the applicant's work history for the five years preceding the application, including
9.27the average number of hours worked per week;
9.28(vi) a list of registrations, certifications, and licenses held in other jurisdictions;
9.29(vii) a description of any other jurisdiction's refusal to credential the applicant;
9.30(viii) a description of all professional disciplinary actions initiated against the
9.31applicant in any jurisdiction; and
9.32(ix) any history of drug or alcohol abuse, and any misdemeanor or felony conviction;
9.33(2) submit a certificate of completion from an approved education program;
9.34(3) achieve a qualifying score on a credentialing examination within five years
9.35prior to application for registration;
10.1(4) submit a verified copy of a valid and current credential, issued by the National
10.2Board for Respiratory Care or other board-approved national organization, as a certified
10.3respiratory therapy technician therapist, registered respiratory therapist, or other entry or
10.4advanced level respiratory care practitioner therapist designation;
10.5(5) submit additional information as requested by the board, including providing
10.6any additional information necessary to ensure that the applicant is able to practice with
10.7reasonable skill and safety to the public;
10.8(6) sign a statement that the information in the application is true and correct to the
10.9best of the applicant's knowledge and belief; and
10.10(7) sign a waiver authorizing the board to obtain access to the applicant's records
10.11in this or any other state in which the applicant has completed an approved education
10.12program or engaged in the practice of respiratory care therapy.
10.13    Subd. 2. Registration Licensure by reciprocity. To be eligible for registration
10.14licensure by reciprocity, the applicant must be credentialed by the National Board for
10.15Respiratory Care or other board-approved organization and have worked at least eight
10.16weeks of the previous five years as a respiratory care practitioner therapist and must:
10.17(1) submit the application materials and fees as required by subdivision 1, clauses
10.18(1), (4), (5), (6), and (7);
10.19(2) provide a verified copy from the appropriate government body of a current and
10.20unrestricted credential or license for the practice of respiratory care therapy in another
10.21jurisdiction that has initial credentialing requirements equivalent to or higher than the
10.22requirements in subdivision 1; and
10.23(3) provide letters of verification from the appropriate government body in each
10.24jurisdiction in which the applicant holds a credential or license. Each letter must state the
10.25applicant's name, date of birth, credential number, date of issuance, a statement regarding
10.26disciplinary actions, if any, taken against the applicant, and the terms under which the
10.27credential was issued.
10.28    Subd. 3. Temporary permit. The board may issue a temporary permit to practice
10.29as a respiratory care practitioner therapist to an applicant eligible for registration
10.30licensure under this section if the application for registration licensure is complete, all
10.31applicable requirements in this section have been met, and a nonrefundable fee set by
10.32the board has been paid. The permit remains valid only until the meeting of the board
10.33at which a decision is made on the respiratory care practitioner's therapist's application
10.34for registration licensure.
10.35    Subd. 4. Temporary registration. The board may issue temporary registration as a
10.36respiratory care practitioner for a period of one year to an applicant for registration under
11.1this section if the application for registration is complete, all applicable requirements
11.2have been met with exception of completion of a credentialing examination, and a
11.3nonrefundable fee set by the board has been paid. A respiratory care practitioner with
11.4temporary registration may qualify for full registration status upon submission of verified
11.5documentation that the respiratory care practitioner has achieved a qualifying score on a
11.6credentialing examination within one year after receiving temporary registration status.
11.7Temporary registration may not be renewed.
11.8    Subd. 5. Practice limitations with temporary registration. A respiratory care
11.9practitioner with temporary registration is limited to working under the direct supervision
11.10of a registered respiratory care practitioner or physician able to provide qualified medical
11.11direction. The respiratory care practitioner or physician must be present in the health care
11.12facility or readily available by telecommunication at the time the respiratory care services
11.13are being provided. A registered respiratory care practitioner may supervise no more than
11.14two respiratory care practitioners with temporary registration status.
11.15    Subd. 6. Registration License expiration. Registrations Licenses issued under this
11.16chapter expire annually.
11.17    Subd. 7. Renewal. (a) To be eligible for registration license renewal a registrant
11.18licensee must:
11.19(1) annually, or as determined by the board, complete a renewal application on a
11.20form provided by the board;
11.21(2) submit the renewal fee;
11.22(3) provide evidence every two years of a total of 24 hours of continuing education
11.23approved by the board as described in section 147C.25; and
11.24(4) submit any additional information requested by the board to clarify information
11.25presented in the renewal application. The information must be submitted within 30 days
11.26after the board's request, or the renewal request is nullified.
11.27(b) Applicants for renewal who have not practiced the equivalent of eight full weeks
11.28during the past five years must achieve a passing score on retaking the credentialing
11.29examination, or complete no less than eight weeks of advisory council-approved
11.30supervised clinical experience having a broad base of treatment modalities and patient care.
11.31    Subd. 8. Change of address. A registrant licensee who changes addresses must
11.32inform the board within 30 days, in writing, of the change of address. All notices or
11.33other correspondence mailed to or served on a registrant licensee by the board at the
11.34registrant's licensee's address on file with the board shall be considered as having been
11.35received by the registrant licensee.
12.1    Subd. 9. Registration License renewal notice. At least 30 days before the
12.2registration license renewal date, the board shall send out a renewal notice to the last
12.3known address of the registrant licensee on file. The notice must include a renewal
12.4application and a notice of fees required for renewal. It must also inform the registrant
12.5licensee that registration the license will expire without further action by the board if an
12.6application for registration license renewal is not received before the deadline for renewal.
12.7The registrant's licensee's failure to receive this notice shall not relieve the registrant
12.8licensee of the obligation to meet the deadline and other requirements for registration
12.9license renewal. Failure to receive this notice is not grounds for challenging expiration of
12.10registered licensure status.
12.11    Subd. 10. Renewal deadline. The renewal application and fee must be postmarked
12.12on or before July 1 of the year of renewal or as determined by the board. If the postmark is
12.13illegible, the application shall be considered timely if received by the third working day
12.14after the deadline.
12.15    Subd. 11. Inactive status and return to active status. (a) A registration may be
12.16placed in inactive status upon application to the board by the registrant and upon payment
12.17of an inactive status fee.
12.18(b) Registrants seeking restoration to active from inactive status must pay the current
12.19renewal fees and all unpaid back inactive fees. They must meet the criteria for renewal
12.20specified in subdivision 7, including continuing education hours equivalent to one hour for
12.21each month of inactive status, prior to submitting an application to regain registered status.
12.22If the inactive status extends beyond five years, a qualifying score on a credentialing
12.23examination, or completion of an advisory council-approved eight-week supervised
12.24clinical training experience is required. If the registrant intends to regain active registration
12.25by means of eight weeks of advisory council-approved clinical training experience, the
12.26registrant shall be granted temporary registration for a period of no longer than six months.
12.27    Subd. 12. Registration Licensure following lapse of registration licensed status
12.28for two years or less. For any individual whose registration status license has lapsed for
12.29two years or less, to regain registration status a license, the individual must:
12.30(1) apply for registration license renewal according to subdivision 7;
12.31(2) document compliance with the continuing education requirements of section
12.32147C.25 since the registrant's licensee's initial registration licensure or last renewal; and
12.33(3) submit the fees required under section 147C.40 for the period not registered
12.34licensed, including the fee for late renewal.
12.35    Subd. 13. Cancellation due to nonrenewal. The board shall not renew, reissue,
12.36reinstate, or restore a registration license that has lapsed and has not been renewed within
13.1two annual registration renewal cycles starting July 1997. A registrant licensee whose
13.2registration license is canceled for nonrenewal must obtain a new registration license by
13.3applying for registration licensure and fulfilling all requirements then in existence for
13.4initial registration licensure as a respiratory care practitioner therapist.
13.5    Subd. 14. Cancellation of registration license in good standing. (a) A registrant
13.6licensee holding an active registration license as a respiratory care practitioner therapist in
13.7the state may, upon approval of the board, be granted registration license cancellation if
13.8the board is not investigating the person as a result of a complaint or information received
13.9or if the board has not begun disciplinary proceedings against the registrant licensee.
13.10Such action by the board shall be reported as a cancellation of registration a license in
13.11good standing.
13.12(b) A registrant licensee who receives board approval for registration license
13.13cancellation is not entitled to a refund of any registration licensure fees paid for the
13.14registration license year in which cancellation of the registration license occurred.
13.15(c) To obtain registration a license after cancellation, a registrant licensee must
13.16obtain a new registration license by applying for registration licensure and fulfilling the
13.17requirements then in existence for obtaining initial registration licensure as a respiratory
13.18care practitioner therapist.

13.19    Sec. 5. Minnesota Statutes 2008, section 147C.20, is amended to read:
13.20147C.20 BOARD ACTION ON APPLICATIONS FOR REGISTRATION
13.21LICENSURE.
13.22(a) The board shall act on each application for registration licensure according
13.23to paragraphs (b) to (d).
13.24(b) The board shall determine if the applicant meets the requirements for registration
13.25licensure under section 147C.15. The board or advisory council may investigate
13.26information provided by an applicant to determine whether the information is accurate
13.27and complete.
13.28(c) The board shall notify each applicant in writing of action taken on the application,
13.29the grounds for denying registration licensure if registration licensure is denied, and the
13.30applicant's right to review under paragraph (d).
13.31(d) Applicants denied registration licensure may make a written request to the
13.32board, within 30 days of the board's notice, to appear before the advisory council or its
13.33designee and for the advisory council to review the board's decision to deny the applicant's
13.34registration licensure. After reviewing the denial, the advisory council shall make a
14.1recommendation to the board as to whether the denial shall be affirmed. Each applicant is
14.2allowed only one request for review per yearly registration licensure period.

14.3    Sec. 6. Minnesota Statutes 2008, section 147C.25, is amended to read:
14.4147C.25 CONTINUING EDUCATION REQUIREMENTS.
14.5    Subdivision 1. Number of required contact hours. Two years after the date
14.6of initial registration licensure, and every two years thereafter, a registrant licensee
14.7applying for registration license renewal must complete a minimum of 24 contact hours
14.8of board-approved continuing education in the two years preceding registration license
14.9renewal and attest to completion of continuing education requirements by reporting to
14.10the board.
14.11    Subd. 2. Approved programs. The board shall approve continuing education
14.12programs that have been approved for continuing education credit by the American
14.13Association of Respiratory Care or the Minnesota Society for Respiratory Care or their
14.14successor organizations. The board shall also approve programs substantially related to
14.15respiratory care therapy that are sponsored by an accredited university or college, medical
14.16school, state or national medical association, national medical specialty society, or that are
14.17approved for continuing education credit by the Minnesota Board of Nursing.
14.18    Subd. 3. Approval of continuing education programs. The board shall also
14.19approve continuing education programs that do not meet the requirements of subdivision 2
14.20but that meet the following criteria:
14.21(1) the program content directly relates to the practice of respiratory care therapy;
14.22(2) each member of the program faculty is knowledgeable in the subject matter as
14.23demonstrated by a degree from an accredited education program, verifiable experience in
14.24the field of respiratory care therapy, special training in the subject matter, or experience
14.25teaching in the subject area;
14.26(3) the program lasts at least one contact hour;
14.27(4) there are specific, measurable, written objectives, consistent with the program,
14.28describing the expected outcomes for the participants; and
14.29(5) the program sponsor has a mechanism to verify participation and maintains
14.30attendance records for three years.
14.31    Subd. 4. Hospital, health care facility, or medical company in-services. Hospital,
14.32health care facility, or medical company in-service programs may qualify for continuing
14.33education credits provided they meet the requirements of this section.
15.1    Subd. 5. Accumulation of contact hours. A registrant licensee may not apply
15.2contact hours acquired in one two-year reporting period to a future continuing education
15.3reporting period.
15.4    Subd. 6. Verification of continuing education credits. The board shall periodically
15.5select a random sample of registrants licensees and require those registrants licensees to
15.6supply the board with evidence of having completed the continuing education to which
15.7they attested. Documentation may come directly from the registrant licensee or from state
15.8or national organizations that maintain continuing education records.
15.9    Subd. 7. Restriction on continuing education topics. A registrant licensee may
15.10apply no more than a combined total of eight hours of continuing education in the areas
15.11of management, risk management, personal growth, and educational techniques to a
15.12two-year reporting period.
15.13    Subd. 8. Credit for credentialing examination. A registrant licensee may fulfill
15.14the continuing education requirements for a two-year reporting period by achieving a
15.15qualifying score on one of the credentialing examinations or a specialty credentialing
15.16examination of the National Board for Respiratory Care or another board-approved testing
15.17organization. A registrant licensee may achieve 12 hours of continuing education credit
15.18by completing a National Board for Respiratory Care or other board-approved testing
15.19organization's specialty examination.

15.20    Sec. 7. Minnesota Statutes 2008, section 147C.30, is amended to read:
15.21147C.30 DISCIPLINE; REPORTING.
15.22For purposes of this chapter, registered licensed respiratory care practitioners
15.23therapists and applicants are subject to the provisions of sections 147.091 to 147.162.

15.24    Sec. 8. Minnesota Statutes 2008, section 147C.35, is amended to read:
15.25147C.35 RESPIRATORY CARE PRACTITIONER ADVISORY COUNCIL.
15.26    Subdivision 1. Membership. The board shall appoint a seven-member Respiratory
15.27Care Practitioner Advisory Council consisting of two public members as defined in section
15.28214.02 , three registered licensed respiratory care practitioners therapists, and two licensed
15.29physicians with expertise in respiratory care.
15.30    Subd. 2. Organization. The advisory council shall be organized and administered
15.31under section 15.059.
15.32    Subd. 3. Duties. The advisory council shall:
15.33(1) advise the board regarding standards for respiratory care practitioners therapists;
16.1(2) provide for distribution of information regarding respiratory care practitioner
16.2therapy standards;
16.3(3) advise the board on enforcement of sections 147.091 to 147.162;
16.4(4) review applications and recommend granting or denying registration licensure
16.5or registration license renewal;
16.6(5) advise the board on issues related to receiving and investigating complaints,
16.7conducting hearings, and imposing disciplinary action in relation to complaints against
16.8respiratory care practitioners therapists;
16.9(6) advise the board regarding approval of continuing education programs using the
16.10criteria in section 147C.25, subdivision 3; and
16.11(7) perform other duties authorized for advisory councils by chapter 214, as directed
16.12by the board.

16.13    Sec. 9. Minnesota Statutes 2008, section 147C.40, is amended to read:
16.14147C.40 FEES.
16.15    Subdivision 1. Fees. The board shall adopt rules setting:
16.16(1) registration licensure fees;
16.17(2) renewal fees;
16.18(3) late fees;
16.19(4) inactive status fees; and
16.20(5) fees for temporary permits; and
16.21(6) fees for temporary registration.
16.22    Subd. 2. Proration of fees. The board may prorate the initial annual registration
16.23license fee. All registrants licensees are required to pay the full fee upon registration
16.24license renewal.
16.25    Subd. 3. Penalty fee for late renewals. An application for registration license
16.26renewal submitted after the deadline must be accompanied by a late fee in addition to the
16.27required fees.
16.28    Subd. 4. Nonrefundable fees. All of the fees in subdivision 1 are nonrefundable.


16.31    Section 1. Minnesota Statutes 2008, section 144.1501, subdivision 1, is amended to
16.32read:
16.33    Subdivision 1. Definitions. (a) For purposes of this section, the following definitions
16.34apply.
17.1(b) "Dentist" means an individual who is licensed to practice dentistry.
17.2(c) "Designated rural area" means:
17.3(1) an area in Minnesota outside the counties of Anoka, Carver, Dakota, Hennepin,
17.4Ramsey, Scott, and Washington, excluding the cities of Duluth, Mankato, Moorhead,
17.5Rochester, and St. Cloud; or
17.6(2) a municipal corporation, as defined under section 471.634, that is physically
17.7located, in whole or in part, in an area defined as a designated rural area under clause (1).
17.8(d) "Emergency circumstances" means those conditions that make it impossible for
17.9the participant to fulfill the service commitment, including death, total and permanent
17.10disability, or temporary disability lasting more than two years.
17.11(e) "Medical resident" means an individual participating in a medical residency in
17.12family practice, internal medicine, obstetrics and gynecology, pediatrics, or psychiatry.
17.13(f) "Midlevel practitioner" means a nurse practitioner, nurse-midwife, nurse
17.14anesthetist, advanced clinical nurse specialist, or physician assistant.
17.15(g) "Nurse" means an individual who has completed training and received all
17.16licensing or certification necessary to perform duties as a licensed practical nurse or
17.17registered nurse.
17.18(h) "Nurse-midwife" means a registered nurse who has graduated from a program of
17.19study designed to prepare registered nurses for advanced practice as nurse-midwives.
17.20(i) "Nurse practitioner" means a registered nurse who has graduated from a program
17.21of study designed to prepare registered nurses for advanced practice as nurse practitioners.
17.22(j) "Pharmacist" means an individual with a valid license issued under chapter 151.
17.23(k) "Physician" means an individual who is licensed to practice medicine in the areas
17.24of family practice, internal medicine, obstetrics and gynecology, pediatrics, or psychiatry.
17.25(l) "Physician assistant" means a person registered licensed under chapter 147A.
17.26(m) "Qualified educational loan" means a government, commercial, or foundation
17.27loan for actual costs paid for tuition, reasonable education expenses, and reasonable living
17.28expenses related to the graduate or undergraduate education of a health care professional.
17.29(n) "Underserved urban community" means a Minnesota urban area or population
17.30included in the list of designated primary medical care health professional shortage areas
17.31(HPSAs), medically underserved areas (MUAs), or medically underserved populations
17.32(MUPs) maintained and updated by the United States Department of Health and Human
17.33Services.

17.34    Sec. 2. Minnesota Statutes 2008, section 144E.001, subdivision 3a, is amended to read:
18.1    Subd. 3a. Ambulance service personnel. "Ambulance service personnel" means
18.2individuals who are authorized by a licensed ambulance service to provide emergency
18.3care for the ambulance service and are:
18.4(1) EMTs, EMT-Is, or EMT-Ps;
18.5(2) Minnesota registered nurses who are: (i) EMTs, are currently practicing
18.6nursing, and have passed a paramedic practical skills test, as approved by the board
18.7and administered by a training program approved by the board; (ii) on the roster of an
18.8ambulance service on or before January 1, 2000; or (iii) after petitioning the board,
18.9deemed by the board to have training and skills equivalent to an EMT, as determined on
18.10a case-by-case basis; or
18.11(3) Minnesota registered licensed physician assistants who are: (i) EMTs, are
18.12currently practicing as physician assistants, and have passed a paramedic practical skills
18.13test, as approved by the board and administered by a training program approved by the
18.14board; (ii) on the roster of an ambulance service on or before January 1, 2000; or (iii) after
18.15petitioning the board, deemed by the board to have training and skills equivalent to an
18.16EMT, as determined on a case-by-case basis.

18.17    Sec. 3. Minnesota Statutes 2008, section 144E.001, subdivision 9c, is amended to read:
18.18    Subd. 9c. Physician assistant. "Physician assistant" means a person registered
18.19licensed to practice as a physician assistant under chapter 147A.

18.20    Sec. 4. Minnesota Statutes 2008, section 147.09, is amended to read:
18.21147.09 EXEMPTIONS.
18.22Section 147.081 does not apply to, control, prevent or restrict the practice, service,
18.23or activities of:
18.24(1) A person who is a commissioned medical officer of, a member of, or employed
18.25by, the armed forces of the United States, the United States Public Health Service, the
18.26Veterans Administration, any federal institution or any federal agency while engaged in
18.27the performance of official duties within this state, if the person is licensed elsewhere.
18.28(2) A licensed physician from a state or country who is in actual consultation here.
18.29(3) A licensed or registered physician who treats the physician's home state patients
18.30or other participating patients while the physicians and those patients are participating
18.31together in outdoor recreation in this state as defined by section 86A.03, subdivision 3.
18.32A physician shall first register with the board on a form developed by the board for that
18.33purpose. The board shall not be required to promulgate the contents of that form by rule.
18.34No fee shall be charged for this registration.
19.1(4) A student practicing under the direct supervision of a preceptor while the student
19.2is enrolled in and regularly attending a recognized medical school.
19.3(5) A student who is in continuing training and performing the duties of an intern or
19.4resident or engaged in postgraduate work considered by the board to be the equivalent of
19.5an internship or residency in any hospital or institution approved for training by the board,
19.6provided the student has a residency permit issued by the board under section 147.0391.
19.7(6) A person employed in a scientific, sanitary, or teaching capacity by the state
19.8university, the Department of Education, a public or private school, college, or other
19.9bona fide educational institution, a nonprofit organization, which has tax-exempt status
19.10in accordance with the Internal Revenue Code, section 501(c)(3), and is organized and
19.11operated primarily for the purpose of conducting scientific research directed towards
19.12discovering the causes of and cures for human diseases, or the state Department of Health,
19.13whose duties are entirely of a research, public health, or educational character, while
19.14engaged in such duties; provided that if the research includes the study of humans, such
19.15research shall be conducted under the supervision of one or more physicians licensed
19.16under this chapter.
19.17(7) Physician's Physician assistants registered licensed in this state.
19.18(8) A doctor of osteopathy duly licensed by the state Board of Osteopathy under
19.19Minnesota Statutes 1961, sections 148.11 to 148.16, prior to May 1, 1963, who has not
19.20been granted a license to practice medicine in accordance with this chapter provided that
19.21the doctor confines activities within the scope of the license.
19.22(9) Any person licensed by a health-related licensing board, as defined in section
19.23214.01, subdivision 2 , or registered by the commissioner of health pursuant to section
19.24214.13 , including psychological practitioners with respect to the use of hypnosis; provided
19.25that the person confines activities within the scope of the license.
19.26(10) A person who practices ritual circumcision pursuant to the requirements or
19.27tenets of any established religion.
19.28(11) A Christian Scientist or other person who endeavors to prevent or cure disease
19.29or suffering exclusively by mental or spiritual means or by prayer.
19.30(12) A physician licensed to practice medicine in another state who is in this state
19.31for the sole purpose of providing medical services at a competitive athletic event. The
19.32physician may practice medicine only on participants in the athletic event. A physician
19.33shall first register with the board on a form developed by the board for that purpose. The
19.34board shall not be required to adopt the contents of the form by rule. The physician shall
19.35provide evidence satisfactory to the board of a current unrestricted license in another state.
19.36The board shall charge a fee of $50 for the registration.
20.1(13) A psychologist licensed under section 148.907 or a social worker licensed
20.2under chapter 148D who uses or supervises the use of a penile or vaginal plethysmograph
20.3in assessing and treating individuals suspected of engaging in aberrant sexual behavior
20.4and sex offenders.
20.5(14) Any person issued a training course certificate or credentialed by the Emergency
20.6Medical Services Regulatory Board established in chapter 144E, provided the person
20.7confines activities within the scope of training at the certified or credentialed level.
20.8(15) An unlicensed complementary and alternative health care practitioner practicing
20.9according to chapter 146A.

20.10    Sec. 5. Minnesota Statutes 2008, section 147A.01, is amended to read:
20.11147A.01 DEFINITIONS.
20.12    Subdivision 1. Scope. For the purpose of this chapter the terms defined in this
20.13section have the meanings given them.
20.14    Subd. 2. Active status. "Active status" means the status of a person who has met all
20.15the qualifications of a physician assistant, has a physician-physician assistant agreement in
20.16force, and is registered.
20.17    Subd. 3. Administer. "Administer" means the delivery by a physician assistant
20.18authorized to prescribe legend drugs, a single dose of a legend drug, including controlled
20.19substances, to a patient by injection, inhalation, ingestion, or by any other immediate
20.20means, and the delivery by a physician assistant ordered by a physician a single dose of a
20.21legend drug by injection, inhalation, ingestion, or by any other immediate means.
20.22    Subd. 4. Agreement. "Agreement" means the document described in section
20.23147A.20 .
20.24    Subd. 5. Alternate supervising physician. "Alternate supervising physician"
20.25means a Minnesota licensed physician listed in the physician-physician assistant
20.26delegation agreement, or supplemental listing, who is responsible for supervising
20.27the physician assistant when the main primary supervising physician is unavailable.
20.28The alternate supervising physician shall accept full medical responsibility for the
20.29performance, practice, and activities of the physician assistant while under the supervision
20.30of the alternate supervising physician.
20.31    Subd. 6. Board. "Board" means the Board of Medical Practice or its designee.
20.32    Subd. 7. Controlled substances. "Controlled substances" has the meaning given it
20.33in section 152.01, subdivision 4.
21.1    Subd. 8. Delegation form. "Delegation form" means the form used to indicate the
21.2categories of drugs for which the authority to prescribe, administer, and dispense has been
21.3delegated to the physician assistant and signed by the supervising physician, any alternate
21.4supervising physicians, and the physician assistant. This form is part of the agreement
21.5described in section 147A.20, and shall be maintained by the supervising physician and
21.6physician assistant at the address of record. Copies shall be provided to the board upon
21.7request. "Addendum to the delegation form" means a separate listing of the schedules
21.8and categories of controlled substances, if any, for which the physician assistant has been
21.9delegated the authority to prescribe, administer, and dispense. The addendum shall be
21.10maintained as a separate document as described above.
21.11    Subd. 9. Diagnostic order. "Diagnostic order" means a directive to perform
21.12a procedure or test, the purpose of which is to determine the cause and nature of a
21.13pathological condition or disease.
21.14    Subd. 10. Drug. "Drug" has the meaning given it in section 151.01, subdivision 5,
21.15including controlled substances as defined in section 152.01, subdivision 4.
21.16    Subd. 11. Drug category. "Drug category" means one of the categories listed on the
21.17physician-physician assistant delegation form agreement.
21.18    Subd. 12. Inactive status. "Inactive status" means the status of a person who has
21.19met all the qualifications of a physician assistant, and is registered, but does not have a
21.20physician-physician assistant agreement in force a licensed physician assistant whose
21.21license has been placed on inactive status under section 147A.05.
21.22    Subd. 13. Internal protocol. "Internal protocol" means a document written by
21.23the supervising physician and the physician assistant which specifies the policies and
21.24procedures which will apply to the physician assistant's prescribing, administering,
21.25and dispensing of legend drugs and medical devices, including controlled substances
21.26as defined in section 152.01, subdivision 4, and lists the specific categories of drugs
21.27and medical devices, with any exceptions or conditions, that the physician assistant
21.28is authorized to prescribe, administer, and dispense. The supervising physician and
21.29physician assistant shall maintain the protocol at the address of record. Copies shall be
21.30provided to the board upon request.
21.31    Subd. 14. Legend drug. "Legend drug" has the meaning given it in section 151.01,
21.32subdivision 17 .
21.33    Subd. 14a. Licensed. "Licensed" means meeting the qualifications in section
21.34147A.02 and being issued a license by the board.
22.1    Subd. 14b. Licensure. "Licensure" means the process by which the board
22.2determines that an applicant has met the standards and qualifications in this chapter.
22.3    Subd. 15. Locum tenens permit. "Locum tenens permit" means time specific
22.4temporary permission for a physician assistant to practice as a physician assistant in
22.5a setting other than the practice setting established in the physician-physician assistant
22.6agreement.
22.7    Subd. 16. Medical device. "Medical device" means durable medical equipment and
22.8assistive or rehabilitative appliances, objects, or products that are required to implement
22.9the overall plan of care for the patient and that are restricted by federal law to use upon
22.10prescription by a licensed practitioner.
22.11    Subd. 16a. Notice of intent to practice. "Notice of intent to practice" means
22.12a document sent to the board by a licensed physician assistant that documents the
22.13adoption of a physician-physician assistant delegation agreement and provides the names,
22.14addresses, and information required by section 147A.20.
22.15    Subd. 17. Physician. "Physician" means a person currently licensed in good
22.16standing as a physician or osteopath under chapter 147.
22.17    Subd. 17a. Physician-physician assistant delegation agreement.
22.18"Physician-physician assistant delegation agreement" means the document prepared and
22.19signed by the physician and physician assistant affirming the supervisory relationship and
22.20defining the physician assistant scope of practice. Alternate supervising physicians must
22.21be identified on the delegation agreement or a supplemental listing with signed attestation
22.22that each shall accept full medical responsibility for the performance, practice, and
22.23activities of the physician assistant while under the supervision of the alternate supervising
22.24physician. The physician-physician assistant delegation agreement outlines the role of
22.25the physician assistant in the practice, describes the means of supervision, and specifies
22.26the categories of drugs, controlled substances, and medical devices that the supervising
22.27physician delegates to the physician assistant to prescribe. The physician-physician
22.28assistant delegation agreement must comply with the requirements of section 147A.20, be
22.29kept on file at the address of record, and be made available to the board or its representative
22.30upon request. A physician-physician assistant delegation agreement may not authorize a
22.31physician assistant to perform a chiropractic procedure.
22.32    Subd. 18. Physician assistant or registered licensed physician assistant.
22.33"Physician assistant" or "registered licensed physician assistant" means a person registered
22.34licensed pursuant to this chapter who is qualified by academic or practical training or
23.1both to provide patient services as specified in this chapter, under the supervision of a
23.2supervising physician meets the qualifications in section 147A.02.
23.3    Subd. 19. Practice setting description. "Practice setting description" means a
23.4signed record submitted to the board on forms provided by the board, on which:
23.5(1) the supervising physician assumes full medical responsibility for the medical
23.6care rendered by a physician assistant;
23.7(2) is recorded the address and phone number of record of each supervising
23.8physician and alternate, and the physicians' medical license numbers and DEA number;
23.9(3) is recorded the address and phone number of record of the physician assistant
23.10and the physician assistant's registration number and DEA number;
23.11(4) is recorded whether the physician assistant has been delegated prescribing,
23.12administering, and dispensing authority;
23.13(5) is recorded the practice setting, address or addresses and phone number or
23.14numbers of the physician assistant; and
23.15(6) is recorded a statement of the type, amount, and frequency of supervision.
23.16    Subd. 20. Prescribe. "Prescribe" means to direct, order, or designate by means of a
23.17prescription the preparation, use of, or manner of using a drug or medical device.
23.18    Subd. 21. Prescription. "Prescription" means a signed written order, or an oral
23.19order reduced to writing, or an electronic order meeting current and prevailing standards
23.20given by a physician assistant authorized to prescribe drugs for patients in the course
23.21of the physician assistant's practice, issued for an individual patient and containing the
23.22information required in the physician-physician assistant delegation form agreement.
23.23    Subd. 22. Registration. "Registration" is the process by which the board determines
23.24that an applicant has been found to meet the standards and qualifications found in this
23.25chapter.
23.26    Subd. 23. Supervising physician. "Supervising physician" means a Minnesota
23.27licensed physician who accepts full medical responsibility for the performance, practice,
23.28and activities of a physician assistant under an agreement as described in section 147A.20.
23.29The supervising physician who completes and signs the delegation agreement may be
23.30referred to as the primary supervising physician. A supervising physician shall not
23.31supervise more than two five full-time equivalent physician assistants simultaneously.
23.32With the approval of the board, or in a disaster or emergency situation pursuant to section
23.33147A.23, a supervising physician may supervise more than five full-time equivalent
23.34physician assistants simultaneously.
24.1    Subd. 24. Supervision. "Supervision" means overseeing the activities of, and
24.2accepting responsibility for, the medical services rendered by a physician assistant. The
24.3constant physical presence of the supervising physician is not required so long as the
24.4supervising physician and physician assistant are or can be easily in contact with one
24.5another by radio, telephone, or other telecommunication device. The scope and nature of
24.6the supervision shall be defined by the individual physician-physician assistant delegation
24.7agreement.
24.8    Subd. 25. Temporary registration license. "Temporary registration" means the
24.9status of a person who has satisfied the education requirement specified in this chapter;
24.10is enrolled in the next examination required in this chapter; or is awaiting examination
24.11results; has a physician-physician assistant agreement in force as required by this chapter,
24.12and has submitted a practice setting description to the board. Such provisional registration
24.13shall expire 90 days after completion of the next examination sequence, or after one year,
24.14whichever is sooner, for those enrolled in the next examination; and upon receipt of the
24.15examination results for those awaiting examination results. The registration shall be
24.16granted by the board or its designee. "Temporary license" means a license granted to a
24.17physician assistant who meets all of the qualifications for licensure but has not yet been
24.18approved for licensure at a meeting of the board.
24.19    Subd. 26. Therapeutic order. "Therapeutic order" means an order given to another
24.20for the purpose of treating or curing a patient in the course of a physician assistant's
24.21practice. Therapeutic orders may be written or verbal, but do not include the prescribing
24.22of legend drugs or medical devices unless prescribing authority has been delegated within
24.23the physician-physician assistant delegation agreement.
24.24    Subd. 27. Verbal order. "Verbal order" means an oral order given to another for
24.25the purpose of treating or curing a patient in the course of a physician assistant's practice.
24.26Verbal orders do not include the prescribing of legend drugs unless prescribing authority
24.27has been delegated within the physician-physician assistant delegation agreement.

24.28    Sec. 6. Minnesota Statutes 2008, section 147A.02, is amended to read:
24.29147A.02 QUALIFICATIONS FOR REGISTRATION LICENSURE.
24.30Except as otherwise provided in this chapter, an individual shall be registered
24.31licensed by the board before the individual may practice as a physician assistant.
24.32The board may grant registration a license as a physician assistant to an applicant
24.33who:
24.34(1) submits an application on forms approved by the board;
24.35(2) pays the appropriate fee as determined by the board;
25.1(3) has current certification from the National Commission on Certification of
25.2Physician Assistants, or its successor agency as approved by the board;
25.3(4) certifies that the applicant is mentally and physically able to engage safely in
25.4practice as a physician assistant;
25.5(5) has no licensure, certification, or registration as a physician assistant under
25.6current discipline, revocation, suspension, or probation for cause resulting from the
25.7applicant's practice as a physician assistant, unless the board considers the condition
25.8and agrees to licensure;
25.9(6) submits any other information the board deems necessary to evaluate the
25.10applicant's qualifications; and
25.11(7) has been approved by the board.
25.12All persons registered as physician assistants as of June 30, 1995, are eligible for
25.13continuing registration license renewal. All persons applying for registration licensure
25.14after that date shall be registered licensed according to this chapter.

25.15    Sec. 7. Minnesota Statutes 2008, section 147A.03, is amended to read:
25.16147A.03 PROTECTED TITLES AND RESTRICTIONS ON USE.
25.17    Subdivision 1. Protected titles. No individual may use the titles "Minnesota
25.18Registered Licensed Physician Assistant," "Registered Licensed Physician Assistant,"
25.19"Physician Assistant," or "PA" in connection with the individual's name, or any other
25.20words, letters, abbreviations, or insignia indicating or implying that the individual is
25.21registered with licensed by the state unless they have been registered licensed according
25.22to this chapter.
25.23    Subd. 2. Health care practitioners. Individuals practicing in a health care
25.24occupation are not restricted in the provision of services included in this chapter as long as
25.25they do not hold themselves out as physician assistants by or through the titles provided in
25.26subdivision 1 in association with provision of these services.
25.27    Subd. 3. Identification of registered practitioners. Physician assistants in
25.28Minnesota shall wear name tags which identify them as physician assistants.
25.29    Subd. 4. Sanctions. Individuals who hold themselves out as physician assistants by
25.30or through any of the titles provided in subdivision 1 without prior registration licensure
25.31shall be subject to sanctions or actions against continuing the activity according to section
25.32214.11 , or other authority.

25.33    Sec. 8. Minnesota Statutes 2008, section 147A.04, is amended to read:
25.34147A.04 TEMPORARY PERMIT LICENSE.
26.1The board may issue a temporary permit license to practice to a physician assistant
26.2eligible for registration licensure under this chapter only if the application for registration
26.3licensure is complete, all requirements have been met, and a nonrefundable fee set by
26.4the board has been paid. The permit temporary license remains valid only until the
26.5next meeting of the board at which a decision is made on the application for registration
26.6licensure.

26.7    Sec. 9. Minnesota Statutes 2008, section 147A.05, is amended to read:
26.8147A.05 INACTIVE REGISTRATION LICENSE.
26.9Physician assistants who notify the board in writing on forms prescribed by the board
26.10may elect to place their registrations license on an inactive status. Physician assistants
26.11with an inactive registration license shall be excused from payment of renewal fees and
26.12shall not practice as physician assistants. Persons who engage in practice while their
26.13registrations are license is lapsed or on inactive status shall be considered to be practicing
26.14without registration a license, which shall be grounds for discipline under section 147A.13.
26.15Physician assistants who provide care under the provisions of section 147A.23 shall not
26.16be considered practicing without a license or subject to disciplinary action. Physician
26.17assistants requesting restoration from inactive status who notify the board of their intent to
26.18resume active practice shall be required to pay the current renewal fees and all unpaid back
26.19fees and shall be required to meet the criteria for renewal specified in section 147A.07.

26.20    Sec. 10. Minnesota Statutes 2008, section 147A.06, is amended to read:
26.21147A.06 CANCELLATION OF REGISTRATION LICENSE FOR
26.22NONRENEWAL.
26.23The board shall not renew, reissue, reinstate, or restore a registration license that
26.24has lapsed on or after July 1, 1996, and has not been renewed within two annual renewal
26.25cycles starting July 1, 1997. A registrant licensee whose registration license is canceled
26.26for nonrenewal must obtain a new registration license by applying for registration
26.27licensure and fulfilling all requirements then in existence for an initial registration license
26.28to practice as a physician assistant.

26.29    Sec. 11. Minnesota Statutes 2008, section 147A.07, is amended to read:
26.30147A.07 RENEWAL.
26.31A person who holds a registration license as a physician assistant shall annually,
26.32upon notification from the board, renew the registration license by:
26.33(1) submitting the appropriate fee as determined by the board;
26.34(2) completing the appropriate forms; and
27.1(3) meeting any other requirements of the board;
27.2(4) submitting a revised and updated practice setting description showing evidence
27.3of annual review of the physician-physician assistant supervisory agreement.

27.4    Sec. 12. Minnesota Statutes 2008, section 147A.08, is amended to read:
27.5147A.08 EXEMPTIONS.
27.6(a) This chapter does not apply to, control, prevent, or restrict the practice, service,
27.7or activities of persons listed in section 147.09, clauses (1) to (6) and (8) to (13), persons
27.8regulated under section 214.01, subdivision 2, or persons defined in section 144.1501,
27.9subdivision 1 , paragraphs (f), (h), and (i).
27.10(b) Nothing in this chapter shall be construed to require registration licensure of:
27.11(1) a physician assistant student enrolled in a physician assistant or surgeon assistant
27.12educational program accredited by the Committee on Allied Health Education and
27.13Accreditation Review Commission on Education for the Physician Assistant or by its
27.14successor agency approved by the board;
27.15(2) a physician assistant employed in the service of the federal government while
27.16performing duties incident to that employment; or
27.17(3) technicians, other assistants, or employees of physicians who perform delegated
27.18tasks in the office of a physician but who do not identify themselves as a physician
27.19assistant.

27.20    Sec. 13. Minnesota Statutes 2008, section 147A.09, is amended to read:
27.21147A.09 SCOPE OF PRACTICE, DELEGATION.
27.22    Subdivision 1. Scope of practice. (a) Physician assistants shall practice medicine
27.23only with physician supervision. Physician assistants may perform those duties and
27.24responsibilities as delegated in the physician-physician assistant delegation agreement
27.25and delegation forms maintained at the address of record by the supervising physician
27.26and physician assistant, including the prescribing, administering, and dispensing of drugs,
27.27controlled substances, and medical devices and drugs, excluding anesthetics, other than
27.28local anesthetics, injected in connection with an operating room procedure, inhaled
27.29anesthesia and spinal anesthesia.
27.30Patient service must be limited to:
27.31(1) services within the training and experience of the physician assistant;
27.32(2) services customary to the practice of the supervising physician or alternate
27.33supervising physician;
28.1(3) services delegated by the supervising physician or alternate supervising physician
28.2under the physician-physician assistant delegation agreement; and
28.3(4) services within the parameters of the laws, rules, and standards of the facilities
28.4in which the physician assistant practices.
28.5(b) Nothing in this chapter authorizes physician assistants to perform duties
28.6regulated by the boards listed in section 214.01, subdivision 2, other than the Board of
28.7Medical Practice, and except as provided in this section.
28.8(c) Physician assistants may not engage in the practice of chiropractic.
28.9    Subd. 2. Delegation. Patient services may include, but are not limited to, the
28.10following, as delegated by the supervising physician and authorized in the delegation
28.11agreement:
28.12(1) taking patient histories and developing medical status reports;
28.13(2) performing physical examinations;
28.14(3) interpreting and evaluating patient data;
28.15(4) ordering or performing diagnostic procedures, including radiography the use of
28.16radiographic imaging systems in compliance with Minnesota Rules 2007, chapter 4732;
28.17(5) ordering or performing therapeutic procedures including the use of ionizing
28.18radiation in compliance with Minnesota Rules 2007, chapter 4732;
28.19(6) providing instructions regarding patient care, disease prevention, and health
28.20promotion;
28.21(7) assisting the supervising physician in patient care in the home and in health
28.22care facilities;
28.23(8) creating and maintaining appropriate patient records;
28.24(9) transmitting or executing specific orders at the direction of the supervising
28.25physician;
28.26(10) prescribing, administering, and dispensing legend drugs, controlled substances,
28.27and medical devices if this function has been delegated by the supervising physician
28.28pursuant to and subject to the limitations of section 147A.18 and chapter 151. For
28.29physician assistants who have been delegated the authority to prescribe controlled
28.30substances shall maintain a separate addendum to the delegation form which lists all
28.31schedules and categories such delegation shall be included in the physician-physician
28.32assistant delegation agreement, and all schedules of controlled substances which the
28.33physician assistant has the authority to prescribe. This addendum shall be maintained with
28.34the physician-physician assistant agreement, and the delegation form at the address of
28.35record shall be specified;
29.1(11) for physician assistants not delegated prescribing authority, administering
29.2legend drugs and medical devices following prospective review for each patient by and
29.3upon direction of the supervising physician;
29.4(12) functioning as an emergency medical technician with permission of the
29.5ambulance service and in compliance with section 144E.127, and ambulance service rules
29.6adopted by the commissioner of health;
29.7(13) initiating evaluation and treatment procedures essential to providing an
29.8appropriate response to emergency situations; and
29.9(14) certifying a physical disability patient's eligibility for a disability parking
29.10certificate under section 169.345, subdivision 2a 2;
29.11(15) assisting at surgery; and
29.12(16) providing medical authorization for admission for emergency care and
29.13treatment of a patient under section 253B.05, subdivision 2.
29.14Orders of physician assistants shall be considered the orders of their supervising
29.15physicians in all practice-related activities, including, but not limited to, the ordering of
29.16diagnostic, therapeutic, and other medical services.

29.17    Sec. 14. Minnesota Statutes 2008, section 147A.11, is amended to read:
29.18147A.11 EXCLUSIONS OF LIMITATIONS ON EMPLOYMENT.
29.19Nothing in this chapter shall be construed to limit the employment arrangement of a
29.20physician assistant registered licensed under this chapter.

29.21    Sec. 15. Minnesota Statutes 2008, section 147A.13, is amended to read:
29.22147A.13 GROUNDS FOR DISCIPLINARY ACTION.
29.23    Subdivision 1. Grounds listed. The board may refuse to grant registration licensure
29.24or may impose disciplinary action as described in this subdivision against any physician
29.25assistant. The following conduct is prohibited and is grounds for disciplinary action:
29.26(1) failure to demonstrate the qualifications or satisfy the requirements for
29.27registration licensure contained in this chapter or rules of the board. The burden of proof
29.28shall be upon the applicant to demonstrate such qualifications or satisfaction of such
29.29requirements;
29.30(2) obtaining registration a license by fraud or cheating, or attempting to subvert
29.31the examination process. Conduct which subverts or attempts to subvert the examination
29.32process includes, but is not limited to:
29.33(i) conduct which violates the security of the examination materials, such as
29.34removing examination materials from the examination room or having unauthorized
30.1possession of any portion of a future, current, or previously administered licensing
30.2examination;
30.3(ii) conduct which violates the standard of test administration, such as
30.4communicating with another examinee during administration of the examination, copying
30.5another examinee's answers, permitting another examinee to copy one's answers, or
30.6possessing unauthorized materials; and
30.7(iii) impersonating an examinee or permitting an impersonator to take the
30.8examination on one's own behalf;
30.9(3) conviction, during the previous five years, of a felony reasonably related to the
30.10practice of physician assistant. Conviction as used in this subdivision includes a conviction
30.11of an offense which if committed in this state would be deemed a felony without regard to
30.12its designation elsewhere, or a criminal proceeding where a finding or verdict of guilt is
30.13made or returned but the adjudication of guilt is either withheld or not entered;
30.14(4) revocation, suspension, restriction, limitation, or other disciplinary action against
30.15the person's physician assistant credentials in another state or jurisdiction, failure to
30.16report to the board that charges regarding the person's credentials have been brought in
30.17another state or jurisdiction, or having been refused registration licensure by any other
30.18state or jurisdiction;
30.19(5) advertising which is false or misleading, violates any rule of the board, or claims
30.20without substantiation the positive cure of any disease or professional superiority to or
30.21greater skill than that possessed by another physician assistant;
30.22(6) violating a rule adopted by the board or an order of the board, a state, or federal
30.23law which relates to the practice of a physician assistant, or in part regulates the practice
30.24of a physician assistant, including without limitation sections 148A.02, 609.344, and
30.25609.345 , or a state or federal narcotics or controlled substance law;
30.26(7) engaging in any unethical conduct; conduct likely to deceive, defraud, or harm
30.27the public, or demonstrating a willful or careless disregard for the health, welfare, or
30.28safety of a patient; or practice which is professionally incompetent, in that it may create
30.29unnecessary danger to any patient's life, health, or safety, in any of which cases, proof
30.30of actual injury need not be established;
30.31(8) failure to adhere to the provisions of the physician-physician assistant delegation
30.32agreement;
30.33(9) engaging in the practice of medicine beyond that allowed by the
30.34physician-physician assistant delegation agreement, including the delegation form or
30.35the addendum to the delegation form, or aiding or abetting an unlicensed person in the
30.36practice of medicine;
31.1(10) adjudication as mentally incompetent, mentally ill or developmentally disabled,
31.2or as a chemically dependent person, a person dangerous to the public, a sexually
31.3dangerous person, or a person who has a sexual psychopathic personality by a court of
31.4competent jurisdiction, within or without this state. Such adjudication shall automatically
31.5suspend a registration license for its duration unless the board orders otherwise;
31.6(11) engaging in unprofessional conduct. Unprofessional conduct includes any
31.7departure from or the failure to conform to the minimal standards of acceptable and
31.8prevailing practice in which proceeding actual injury to a patient need not be established;
31.9(12) inability to practice with reasonable skill and safety to patients by reason of
31.10illness, drunkenness, use of drugs, narcotics, chemicals, or any other type of material, or
31.11as a result of any mental or physical condition, including deterioration through the aging
31.12process or loss of motor skills;
31.13(13) revealing a privileged communication from or relating to a patient except when
31.14otherwise required or permitted by law;
31.15(14) any use of identification of a physician assistant by the title "Physician,"
31.16"Doctor," or "Dr." in a patient care setting or in a communication directed to the general
31.17public;
31.18(15) improper management of medical records, including failure to maintain
31.19adequate medical records, to comply with a patient's request made pursuant to sections
31.20144.291 to 144.298, or to furnish a medical record or report required by law;
31.21(16) engaging in abusive or fraudulent billing practices, including violations of the
31.22federal Medicare and Medicaid laws or state medical assistance laws;
31.23(17) becoming addicted or habituated to a drug or intoxicant;
31.24(18) prescribing a drug or device for other than medically accepted therapeutic,
31.25experimental, or investigative purposes authorized by a state or federal agency or referring
31.26a patient to any health care provider as defined in sections 144.291 to 144.298 for services
31.27or tests not medically indicated at the time of referral;
31.28(19) engaging in conduct with a patient which is sexual or may reasonably be
31.29interpreted by the patient as sexual, or in any verbal behavior which is seductive or
31.30sexually demeaning to a patient;
31.31(20) failure to make reports as required by section 147A.14 or to cooperate with an
31.32investigation of the board as required by section 147A.15, subdivision 3;
31.33(21) knowingly providing false or misleading information that is directly related
31.34to the care of that patient unless done for an accepted therapeutic purpose such as the
31.35administration of a placebo;
32.1(22) aiding suicide or aiding attempted suicide in violation of section 609.215 as
32.2established by any of the following:
32.3(i) a copy of the record of criminal conviction or plea of guilty for a felony in
32.4violation of section 609.215, subdivision 1 or 2;
32.5(ii) a copy of the record of a judgment of contempt of court for violating an
32.6injunction issued under section 609.215, subdivision 4;
32.7(iii) a copy of the record of a judgment assessing damages under section 609.215,
32.8subdivision 5 ; or
32.9(iv) a finding by the board that the person violated section 609.215, subdivision 1 or
32.102. The board shall investigate any complaint of a violation of section 609.215, subdivision
32.111 or 2; or
32.12(23) failure to maintain annually reviewed and updated physician-physician
32.13assistant delegation agreements, internal protocols, or prescribing delegation forms for
32.14each physician-physician assistant practice relationship, or failure to provide copies of
32.15such documents upon request by the board.
32.16    Subd. 2. Effective dates, automatic suspension. A suspension, revocation,
32.17condition, limitation, qualification, or restriction of a registration license shall be in effect
32.18pending determination of an appeal unless the court, upon petition and for good cause
32.19shown, orders otherwise.
32.20A physician assistant registration license is automatically suspended if:
32.21(1) a guardian of a registrant licensee is appointed by order of a court pursuant to
32.22sections 524.5-101 to 524.5-502, for reasons other than the minority of the registrant
32.23licensee; or
32.24(2) the registrant licensee is committed by order of a court pursuant to chapter
32.25253B. The registration license remains suspended until the registrant licensee is restored
32.26to capacity by a court and, upon petition by the registrant licensee, the suspension is
32.27terminated by the board after a hearing.
32.28    Subd. 3. Conditions on reissued registration license. In its discretion, the board
32.29may restore and reissue a physician assistant registration license, but may impose as a
32.30condition any disciplinary or corrective measure which it might originally have imposed.
32.31    Subd. 4. Temporary suspension of registration license. In addition to any other
32.32remedy provided by law, the board may, without a hearing, temporarily suspend the
32.33registration license of a physician assistant if the board finds that the physician assistant has
32.34violated a statute or rule which the board is empowered to enforce and continued practice
32.35by the physician assistant would create a serious risk of harm to the public. The suspension
32.36shall take effect upon written notice to the physician assistant, specifying the statute or
33.1rule violated. The suspension shall remain in effect until the board issues a final order
33.2in the matter after a hearing. At the time it issues the suspension notice, the board shall
33.3schedule a disciplinary hearing to be held pursuant to the Administrative Procedure Act.
33.4The physician assistant shall be provided with at least 20 days' notice of any hearing
33.5held pursuant to this subdivision. The hearing shall be scheduled to begin no later than 30
33.6days after the issuance of the suspension order.
33.7    Subd. 5. Evidence. In disciplinary actions alleging a violation of subdivision
33.81, clause (3) or (4), a copy of the judgment or proceeding under the seal of the court
33.9administrator or of the administrative agency which entered it shall be admissible into
33.10evidence without further authentication and shall constitute prima facie evidence of the
33.11contents thereof.
33.12    Subd. 6. Mental examination; access to medical data. (a) If the board has
33.13probable cause to believe that a physician assistant comes under subdivision 1, clause
33.14(1), it may direct the physician assistant to submit to a mental or physical examination.
33.15For the purpose of this subdivision, every physician assistant registered licensed under
33.16this chapter is deemed to have consented to submit to a mental or physical examination
33.17when directed in writing by the board and further to have waived all objections to the
33.18admissibility of the examining physicians' testimony or examination reports on the ground
33.19that the same constitute a privileged communication. Failure of a physician assistant to
33.20submit to an examination when directed constitutes an admission of the allegations against
33.21the physician assistant, unless the failure was due to circumstance beyond the physician
33.22assistant's control, in which case a default and final order may be entered without the
33.23taking of testimony or presentation of evidence. A physician assistant affected under this
33.24subdivision shall at reasonable intervals be given an opportunity to demonstrate that
33.25the physician assistant can resume competent practice with reasonable skill and safety
33.26to patients. In any proceeding under this subdivision, neither the record of proceedings
33.27nor the orders entered by the board shall be used against a physician assistant in any
33.28other proceeding.
33.29(b) In addition to ordering a physical or mental examination, the board may,
33.30notwithstanding sections 13.384, 144.651, or any other law limiting access to medical or
33.31other health data, obtain medical data and health records relating to a registrant licensee or
33.32applicant without the registrant's licensee's or applicant's consent if the board has probable
33.33cause to believe that a physician assistant comes under subdivision 1, clause (1).
33.34The medical data may be requested from a provider, as defined in section 144.291,
33.35subdivision 2 , paragraph (h), an insurance company, or a government agency, including
33.36the Department of Human Services. A provider, insurance company, or government
34.1agency shall comply with any written request of the board under this subdivision and is not
34.2liable in any action for damages for releasing the data requested by the board if the data
34.3are released pursuant to a written request under this subdivision, unless the information
34.4is false and the provider giving the information knew, or had reason to believe, the
34.5information was false. Information obtained under this subdivision is classified as private
34.6under chapter 13.
34.7    Subd. 7. Tax clearance certificate. (a) In addition to the provisions of subdivision
34.81, the board may not issue or renew a registration license if the commissioner of revenue
34.9notifies the board and the registrant licensee or applicant for registration licensure that the
34.10registrant licensee or applicant owes the state delinquent taxes in the amount of $500 or
34.11more. The board may issue or renew the registration license only if:
34.12(1) the commissioner of revenue issues a tax clearance certificate; and
34.13(2) the commissioner of revenue, the registrant licensee, or the applicant forwards a
34.14copy of the clearance to the board.
34.15The commissioner of revenue may issue a clearance certificate only if the registrant
34.16licensee or applicant does not owe the state any uncontested delinquent taxes.
34.17(b) For purposes of this subdivision, the following terms have the meanings given:
34.18(1) "Taxes" are all taxes payable to the commissioner of revenue, including penalties
34.19and interest due on those taxes, and
34.20(2) "Delinquent taxes" do not include a tax liability if:
34.21(i) an administrative or court action that contests the amount or validity of the
34.22liability has been filed or served;
34.23(ii) the appeal period to contest the tax liability has not expired; or
34.24(iii) the licensee or applicant has entered into a payment agreement to pay the
34.25liability and is current with the payments.
34.26(c) When a registrant licensee or applicant is required to obtain a clearance certificate
34.27under this subdivision, a contested case hearing must be held if the registrant licensee or
34.28applicant requests a hearing in writing to the commissioner of revenue within 30 days of
34.29the date of the notice provided in paragraph (a). The hearing must be held within 45 days
34.30of the date the commissioner of revenue refers the case to the Office of Administrative
34.31Hearings. Notwithstanding any law to the contrary, the licensee or applicant must be
34.32served with 20 days' notice in writing specifying the time and place of the hearing and
34.33the allegations against the registrant or applicant. The notice may be served personally or
34.34by mail.
34.35(d) The board shall require all registrants licensees or applicants to provide their
34.36Social Security number and Minnesota business identification number on all registration
35.1license applications. Upon request of the commissioner of revenue, the board must
35.2provide to the commissioner of revenue a list of all registrants licensees and applicants,
35.3including their names and addresses, Social Security numbers, and business identification
35.4numbers. The commissioner of revenue may request a list of the registrants licensees and
35.5applicants no more than once each calendar year.
35.6    Subd. 8. Limitation. No board proceeding against a licensee shall be instituted
35.7unless commenced within seven years from the date of commission of some portion of the
35.8offense except for alleged violations of subdivision 1, paragraph (19), or subdivision 7.

35.9    Sec. 16. Minnesota Statutes 2008, section 147A.16, is amended to read:
35.10147A.16 FORMS OF DISCIPLINARY ACTION.
35.11When the board finds that a registered licensed physician assistant has violated a
35.12provision of this chapter, it may do one or more of the following:
35.13(1) revoke the registration license;
35.14(2) suspend the registration license;
35.15(3) impose limitations or conditions on the physician assistant's practice, including
35.16limiting the scope of practice to designated field specialties; impose retraining or
35.17rehabilitation requirements; require practice under additional supervision; or condition
35.18continued practice on demonstration of knowledge or skills by appropriate examination
35.19or other review of skill and competence;
35.20(4) impose a civil penalty not exceeding $10,000 for each separate violation, the
35.21amount of the civil penalty to be fixed so as to deprive the physician assistant of any
35.22economic advantage gained by reason of the violation charged or to reimburse the board
35.23for the cost of the investigation and proceeding;
35.24(5) order the physician assistant to provide unremunerated professional service
35.25under supervision at a designated public hospital, clinic, or other health care institution; or
35.26(6) censure or reprimand the registered licensed physician assistant.
35.27Upon judicial review of any board disciplinary action taken under this chapter, the
35.28reviewing court shall seal the administrative record, except for the board's final decision,
35.29and shall not make the administrative record available to the public.

35.30    Sec. 17. Minnesota Statutes 2008, section 147A.18, is amended to read:
35.31147A.18 DELEGATED AUTHORITY TO PRESCRIBE, DISPENSE, AND
35.32ADMINISTER DRUGS AND MEDICAL DEVICES.
35.33    Subdivision 1. Delegation. (a) A supervising physician may delegate to a
35.34physician assistant who is registered with licensed by the board, certified by the National
36.1Commission on Certification of Physician Assistants or successor agency approved by the
36.2board, and who is under the supervising physician's supervision, the authority to prescribe,
36.3dispense, and administer legend drugs, medical devices, and controlled substances, and
36.4medical devices subject to the requirements in this section. The authority to dispense
36.5includes, but is not limited to, the authority to request, receive, and dispense sample drugs.
36.6This authority to dispense extends only to those drugs described in the written agreement
36.7developed under paragraph (b).
36.8(b) The delegation agreement between the physician assistant and supervising
36.9physician and any alternate supervising physicians must include a statement by the
36.10supervising physician regarding delegation or nondelegation of the functions of
36.11prescribing, dispensing, and administering of legend drugs, controlled substances, and
36.12medical devices to the physician assistant. The statement must include a protocol
36.13indicating categories of drugs for which the supervising physician delegates prescriptive
36.14and dispensing authority including controlled substances when applicable. The delegation
36.15must be appropriate to the physician assistant's practice and within the scope of the
36.16physician assistant's training. Physician assistants who have been delegated the authority
36.17to prescribe, dispense, and administer legend drugs, controlled substances, and medical
36.18devices shall provide evidence of current certification by the National Commission
36.19on Certification of Physician Assistants or its successor agency when registering or
36.20reregistering applying for licensure or license renewal as physician assistants. Physician
36.21assistants who have been delegated the authority to prescribe controlled substances must
36.22present evidence of the certification and also hold a valid DEA certificate registration.
36.23Supervising physicians shall retrospectively review the prescribing, dispensing, and
36.24administering of legend and controlled drugs, controlled substances, and medical devices
36.25by physician assistants, when this authority has been delegated to the physician assistant as
36.26part of the physician-physician assistant delegation agreement between the physician and
36.27the physician assistant. This review must take place as outlined in the internal protocol.
36.28The process and schedule for the review must be outlined in the physician-physician
36.29assistant delegation agreement.
36.30(c) The board may establish by rule:
36.31(1) a system of identifying physician assistants eligible to prescribe, administer, and
36.32dispense legend drugs and medical devices;
36.33(2) a system of identifying physician assistants eligible to prescribe, administer, and
36.34dispense controlled substances;
37.1(3) a method of determining the categories of legend and controlled drugs, controlled
37.2substances, and medical devices that each physician assistant is allowed to prescribe,
37.3administer, and dispense; and
37.4(4) a system of transmitting to pharmacies a listing of physician assistants eligible to
37.5prescribe legend and controlled drugs, controlled substances, and medical devices.
37.6    Subd. 2. Termination and reinstatement of prescribing authority. (a) The
37.7authority of a physician assistant to prescribe, dispense, and administer legend drugs,
37.8controlled substances, and medical devices shall end immediately when:
37.9(1) the physician-physician assistant delegation agreement is terminated;
37.10(2) the authority to prescribe, dispense, and administer is terminated or withdrawn
37.11by the supervising physician; or
37.12(3) the physician assistant reverts to assistant's license is placed on inactive status,
37.13loses National Commission on Certification of Physician Assistants or successor agency
37.14certification, or loses or terminates registration status;
37.15(4) the physician assistant loses National Commission on Certification of Physician
37.16Assistants or successor agency certification; or
37.17(5) the physician assistant loses or terminates licensure status.
37.18(b) The physician assistant must notify the board in writing within ten days of the
37.19occurrence of any of the circumstances listed in paragraph (a).
37.20(c) Physician assistants whose authority to prescribe, dispense, and administer
37.21has been terminated shall reapply for reinstatement of prescribing authority under this
37.22section and meet any requirements established by the board prior to reinstatement of the
37.23prescribing, dispensing, and administering authority.
37.24    Subd. 3. Other requirements and restrictions. (a) The supervising physician and
37.25the physician assistant must complete, sign, and date an internal protocol which lists each
37.26category of drug or medical device, or controlled substance the physician assistant may
37.27prescribe, dispense, and administer. The supervising physician and physician assistant
37.28shall submit the internal protocol to the board upon request. The supervising physician
37.29may amend the internal protocol as necessary, within the limits of the completed delegation
37.30form in subdivision 5. The supervising physician and physician assistant must sign and
37.31date any amendments to the internal protocol. Any amendments resulting in a change to
37.32an addition or deletion to categories delegated in the delegation form in subdivision 5 must
37.33be submitted to the board according to this chapter, along with the fee required.
37.34(b) The supervising physician and physician assistant shall review delegation of
37.35prescribing, dispensing, and administering authority on an annual basis at the time of
37.36reregistration. The internal protocol must be signed and dated by the supervising physician
38.1and physician assistant after review. Any amendments to the internal protocol resulting in
38.2changes to the delegation form in subdivision 5 must be submitted to the board according
38.3to this chapter, along with the fee required.
38.4(c) (a) Each prescription initiated by a physician assistant shall indicate the
38.5following:
38.6(1) the date of issue;
38.7(2) the name and address of the patient;
38.8(3) the name and quantity of the drug prescribed;
38.9(4) directions for use; and
38.10(5) the name and address of the prescribing physician assistant.
38.11(d) (b) In prescribing, dispensing, and administering legend drugs, controlled
38.12substances, and medical devices, including controlled substances as defined in section
38.13152.01, subdivision 4, a physician assistant must conform with the agreement, chapter
38.14151, and this chapter.
38.15    Subd. 4. Notification of pharmacies. (a) The board shall annually provide to the
38.16Board of Pharmacy and to registered pharmacies within the state a list of those physician
38.17assistants who are authorized to prescribe, administer, and dispense legend drugs and
38.18medical devices, or controlled substances.
38.19(b) The board shall provide to the Board of Pharmacy a list of physician assistants
38.20authorized to prescribe legend drugs and medical devices every two months if additional
38.21physician assistants are authorized to prescribe or if physician assistants have authorization
38.22to prescribe withdrawn.
38.23(c) The list must include the name, address, telephone number, and Minnesota
38.24registration number of the physician assistant, and the name, address, telephone number,
38.25and Minnesota license number of the supervising physician.
38.26(d) The board shall provide the form in subdivision 5 to pharmacies upon request.
38.27(e) The board shall make available prototype forms of the physician-physician
38.28assistant agreement, the internal protocol, the delegation form, and the addendum form.
38.29    Subd. 5. Delegation form for physician assistant prescribing. The delegation
38.30form for physician assistant prescribing must contain a listing by drug category of the
38.31legend drugs and controlled substances for which prescribing authority has been delegated
38.32to the physician assistant.

38.33    Sec. 18. Minnesota Statutes 2008, section 147A.19, is amended to read:
38.34147A.19 IDENTIFICATION REQUIREMENTS.
39.1Physician assistants registered licensed under this chapter shall keep their
39.2registration license available for inspection at their primary place of business and shall,
39.3when engaged in their professional activities, wear a name tag identifying themselves as
39.4a "physician assistant."

39.5    Sec. 19. Minnesota Statutes 2008, section 147A.20, is amended to read:
39.6147A.20 PHYSICIAN AND PHYSICIAN PHYSICIAN-PHYSICIAN
39.7ASSISTANT AGREEMENT DOCUMENTS.
39.8    Subdivision 1. Physician-physician assistant delegation agreement. (a) A
39.9physician assistant and supervising physician must sign an a physician-physician assistant
39.10delegation agreement which specifies scope of practice and amount and manner of
39.11supervision as required by the board. The agreement must contain:
39.12(1) a description of the practice setting;
39.13(2) a statement of practice type/specialty;
39.14(3) a listing of categories of delegated duties;
39.15(4) (3) a description of supervision type, amount, and frequency; and
39.16(5) (4) a description of the process and schedule for review of prescribing,
39.17dispensing, and administering legend and controlled drugs and medical devices by the
39.18physician assistant authorized to prescribe.
39.19(b) The agreement must be maintained by the supervising physician and physician
39.20assistant and made available to the board upon request. If there is a delegation of
39.21prescribing, administering, and dispensing of legend drugs, controlled substances, and
39.22medical devices, the agreement shall include an internal protocol and delegation form a
39.23description of the prescriptive authority delegated to the physician assistant. Physician
39.24assistants shall have a separate agreement for each place of employment. Agreements
39.25must be reviewed and updated on an annual basis. The supervising physician and
39.26physician assistant must maintain the physician-physician assistant delegation agreement,
39.27delegation form, and internal protocol at the address of record. Copies shall be provided to
39.28the board upon request.
39.29(c) Physician assistants must provide written notification to the board within 30
39.30days of the following:
39.31(1) name change;
39.32(2) address of record change; and
39.33(3) telephone number of record change; and
39.34(4) addition or deletion of alternate supervising physician provided that the
39.35information submitted includes, for an additional alternate physician, an affidavit of
40.1consent to act as an alternate supervising physician signed by the alternate supervising
40.2physician.
40.3(d) Modifications requiring submission prior to the effective date are changes to the
40.4practice setting description which include:
40.5(1) supervising physician change, excluding alternate supervising physicians; or
40.6(2) delegation of prescribing, administering, or dispensing of legend drugs,
40.7controlled substances, or medical devices.
40.8(e) The agreement must be completed and the practice setting description submitted
40.9to the board before providing medical care as a physician assistant.
40.10(d) Any alternate supervising physicians must be identified in the physician-physician
40.11assistant delegation agreement, or a supplemental listing, and must sign the agreement
40.12attesting that they shall provide the physician assistant with supervision in compliance
40.13with this chapter, the delegation agreement, and board rules.
40.14    Subd. 2. Notification of intent to practice. A licensed physician assistant shall
40.15submit a notification of intent to practice to the board prior to beginning practice. The
40.16notification shall include the name, business address, and telephone number of the
40.17supervising physician and the physician assistant. Individuals who practice without
40.18submitting a notification of intent to practice shall be subject to disciplinary action under
40.19section 147A.13 for practicing without a license, unless the care is provided in response to
40.20a disaster or emergency situation pursuant to section 147A.23.

40.21    Sec. 20. Minnesota Statutes 2008, section 147A.21, is amended to read:
40.22147A.21 RULEMAKING AUTHORITY.
40.23The board shall adopt rules:
40.24(1) setting registration license fees;
40.25(2) setting renewal fees;
40.26(3) setting fees for locum tenens permits;
40.27(4) setting fees for temporary registration licenses; and
40.28(5) (4) establishing renewal dates.

40.29    Sec. 21. Minnesota Statutes 2008, section 147A.23, is amended to read:
40.30147A.23 RESPONDING TO DISASTER SITUATIONS.
40.31(a) A registered physician assistant or a physician assistant duly licensed or
40.32credentialed in a United States jurisdiction or by a federal employer who is responding
40.33to a need for medical care created by an emergency according to section 604A.01, or a
40.34state or local disaster may render such care as the physician assistant is able trained to
41.1provide, under the physician assistant's license, registration, or credential, without the
41.2need of a physician and physician physician-physician assistant delegation agreement or
41.3a notice of intent to practice as required under section 147A.20. Physician supervision,
41.4as required under section 147A.09, must be provided under the direction of a physician
41.5licensed under chapter 147 who is involved with the disaster response. The physician
41.6assistant must establish a temporary supervisory agreement with the physician providing
41.7supervision before rendering care. A physician assistant may provide emergency care
41.8without physician supervision or under the supervision that is available.
41.9(b) The physician who provides supervision to a physician assistant while the
41.10physician assistant is rendering care in a disaster in accordance with this section may do
41.11so without meeting the requirements of section 147A.20.
41.12(c) The supervising physician who otherwise provides supervision to a physician
41.13assistant under a physician and physician physician-physician assistant delegation
41.14agreement described in section 147A.20 shall not be held medically responsible for the
41.15care rendered by a physician assistant pursuant to paragraph (a). Services provided by
41.16a physician assistant under paragraph (a) shall be considered outside the scope of the
41.17relationship between the supervising physician and the physician assistant.

41.18    Sec. 22. Minnesota Statutes 2008, section 147A.24, is amended to read:
41.19147A.24 CONTINUING EDUCATION REQUIREMENTS.
41.20    Subdivision 1. Amount of education required. Applicants for registration license
41.21renewal or reregistration must either meet standards for continuing education through
41.22current certification by the National Commission on Certification of Physician Assistants,
41.23or its successor agency as approved by the board, or attest to and document provide
41.24evidence of successful completion of at least 50 contact hours of continuing education
41.25within the two years immediately preceding registration license renewal, reregistration,
41.26or attest to and document taking the national certifying examination required by this
41.27chapter within the past two years.
41.28    Subd. 2. Type of education required. Approved Continuing education is approved
41.29if it is equivalent to category 1 credit hours as defined by the American Osteopathic
41.30Association Bureau of Professional Education, the Royal College of Physicians and
41.31Surgeons of Canada, the American Academy of Physician Assistants, or by organizations
41.32that have reciprocal arrangements with the physician recognition award program of the
41.33American Medical Association.

41.34    Sec. 23. Minnesota Statutes 2008, section 147A.26, is amended to read:
42.1147A.26 PROCEDURES.
42.2The board shall establish, in writing, internal operating procedures for receiving and
42.3investigating complaints, accepting and processing applications, granting registrations
42.4licenses, and imposing enforcement actions. The written internal operating procedures
42.5may include procedures for sharing complaint information with government agencies in
42.6this and other states. Procedures for sharing complaint information must be consistent
42.7with the requirements for handling government data under chapter 13.

42.8    Sec. 24. Minnesota Statutes 2008, section 147A.27, is amended to read:
42.9147A.27 PHYSICIAN ASSISTANT ADVISORY COUNCIL.
42.10    Subdivision 1. Membership. (a) The Physician Assistant Advisory Council is
42.11created and is composed of seven persons appointed by the board. The seven persons
42.12must include:
42.13(1) two public members, as defined in section 214.02;
42.14(2) three physician assistants registered licensed under this chapter who meet the
42.15criteria for a new applicant under section 147A.02; and
42.16(3) two licensed physicians with experience supervising physician assistants.
42.17(b) No member shall serve more than a total of two consecutive terms. If a member
42.18is appointed for a partial term and serves more than half of that term it shall be considered
42.19a full term. Members serving on the council as of July 1, 2000, shall be allowed to
42.20complete their current terms.
42.21    Subd. 2. Organization. The council shall be organized and administered under
42.22section 15.059.
42.23    Subd. 3. Duties. The council shall advise the board regarding:
42.24(1) physician assistant registration licensure standards;
42.25(2) enforcement of grounds for discipline;
42.26(3) distribution of information regarding physician assistant registration licensure
42.27standards;
42.28(4) applications and recommendations of applicants for registration licensure or
42.29registration license renewal; and
42.30(5) complaints and recommendations to the board regarding disciplinary matters and
42.31proceedings concerning applicants and registrants licensees according to sections 214.10;
42.32214.103 ; and 214.13, subdivisions 6 and 7; and
42.33(6) issues related to physician assistant practice and regulation.
42.34The council shall perform other duties authorized for the council by chapter 214
42.35as directed by the board.

43.1    Sec. 25. Minnesota Statutes 2008, section 169.345, subdivision 2, is amended to read:
43.2    Subd. 2. Definitions. (a) For the purpose of section 168.021 and this section, the
43.3following terms have the meanings given them in this subdivision.
43.4(b) "Health professional" means a licensed physician, registered licensed physician
43.5assistant, advanced practice registered nurse, or licensed chiropractor.
43.6(c) "Long-term certificate" means a certificate issued for a period greater than 12
43.7months but not greater than 71 months.
43.8(d) "Organization certificate" means a certificate issued to an entity other than a
43.9natural person for a period of three years.
43.10(e) "Permit" refers to a permit that is issued for a period of 30 days, in lieu of the
43.11certificate referred to in subdivision 3, while the application is being processed.
43.12(f) "Physically disabled person" means a person who:
43.13(1) because of disability cannot walk without significant risk of falling;
43.14(2) because of disability cannot walk 200 feet without stopping to rest;
43.15(3) because of disability cannot walk without the aid of another person, a walker, a
43.16cane, crutches, braces, a prosthetic device, or a wheelchair;
43.17(4) is restricted by a respiratory disease to such an extent that the person's forced
43.18(respiratory) expiratory volume for one second, when measured by spirometry, is less
43.19than one liter;
43.20(5) has an arterial oxygen tension (PAO2) of less than 60 mm/Hg on room air at rest;
43.21(6) uses portable oxygen;
43.22(7) has a cardiac condition to the extent that the person's functional limitations are
43.23classified in severity as class III or class IV according to standards set by the American
43.24Heart Association;
43.25(8) has lost an arm or a leg and does not have or cannot use an artificial limb; or
43.26(9) has a disability that would be aggravated by walking 200 feet under normal
43.27environmental conditions to an extent that would be life threatening.
43.28(g) "Short-term certificate" means a certificate issued for a period greater than six
43.29months but not greater than 12 months.
43.30(h) "Six-year certificate" means a certificate issued for a period of six years.
43.31(i) "Temporary certificate" means a certificate issued for a period not greater than
43.32six months.

43.33    Sec. 26. Minnesota Statutes 2008, section 253B.02, subdivision 7, is amended to read:
44.1    Subd. 7. Examiner. "Examiner" means a person who is knowledgeable, trained, and
44.2practicing in the diagnosis and assessment or in the treatment of the alleged impairment,
44.3and who is:
44.4(1) a licensed physician;
44.5(2) a licensed psychologist who has a doctoral degree in psychology or who became
44.6a licensed consulting psychologist before July 2, 1975; or
44.7(3) an advanced practice registered nurse certified in mental health or a licensed
44.8physician assistant, except that only a physician or psychologist meeting these
44.9requirements may be appointed by the court as described by sections 253B.07, subdivision
44.103 ; 253B.092, subdivision 8, paragraph (b); 253B.17, subdivision 3; 253B.18, subdivision
44.112 ; and 253B.19, subdivisions 1 and 2, and only a physician or psychologist may conduct
44.12an assessment as described by Minnesota Rules of Criminal Procedure, rule 20.

44.13    Sec. 27. Minnesota Statutes 2008, section 253B.05, subdivision 2, is amended to read:
44.14    Subd. 2. Peace or health officer authority. (a) A peace or health officer may take a
44.15person into custody and transport the person to a licensed physician or treatment facility if
44.16the officer has reason to believe, either through direct observation of the person's behavior,
44.17or upon reliable information of the person's recent behavior and knowledge of the person's
44.18past behavior or psychiatric treatment, that the person is mentally ill or developmentally
44.19disabled and in danger of injuring self or others if not immediately detained. A peace or
44.20health officer or a person working under such officer's supervision, may take a person
44.21who is believed to be chemically dependent or is intoxicated in public into custody and
44.22transport the person to a treatment facility. If the person is intoxicated in public or is
44.23believed to be chemically dependent and is not in danger of causing self-harm or harm to
44.24any person or property, the peace or health officer may transport the person home. The
44.25peace or health officer shall make written application for admission of the person to the
44.26treatment facility. The application shall contain the peace or health officer's statement
44.27specifying the reasons for and circumstances under which the person was taken into
44.28custody. If danger to specific individuals is a basis for the emergency hold, the statement
44.29must include identifying information on those individuals, to the extent practicable. A
44.30copy of the statement shall be made available to the person taken into custody.
44.31(b) As far as is practicable, a peace officer who provides transportation for a person
44.32placed in a facility under this subdivision may not be in uniform and may not use a vehicle
44.33visibly marked as a law enforcement vehicle.
44.34(c) A person may be admitted to a treatment facility for emergency care and
44.35treatment under this subdivision with the consent of the head of the facility under the
45.1following circumstances: (1) a written statement shall only be made by the following
45.2individuals who are knowledgeable, trained, and practicing in the diagnosis and treatment
45.3of mental illness or developmental disability; the medical officer, or the officer's designee
45.4on duty at the facility, including a licensed physician, a registered licensed physician
45.5assistant, or an advanced practice registered nurse who after preliminary examination has
45.6determined that the person has symptoms of mental illness or developmental disability
45.7and appears to be in danger of harming self or others if not immediately detained; or (2) a
45.8written statement is made by the institution program director or the director's designee
45.9on duty at the facility after preliminary examination that the person has symptoms
45.10of chemical dependency and appears to be in danger of harming self or others if not
45.11immediately detained or is intoxicated in public.

45.12    Sec. 28. Minnesota Statutes 2008, section 256B.0625, subdivision 28a, is amended to
45.13read:
45.14    Subd. 28a. Registered Licensed physician assistant services. Medical assistance
45.15covers services performed by a registered licensed physician assistant if the service is
45.16otherwise covered under this chapter as a physician service and if the service is within the
45.17scope of practice of a registered licensed physician assistant as defined in section 147A.09.

45.18    Sec. 29. Minnesota Statutes 2008, section 256B.0751, subdivision 1, is amended to
45.19read:
45.20    Subdivision 1. Definitions. (a) For purposes of sections 256B.0751 to 256B.0753,
45.21the following definitions apply.
45.22    (b) "Commissioner" means the commissioner of human services.
45.23    (c) "Commissioners" means the commissioner of humans services and the
45.24commissioner of health, acting jointly.
45.25    (d) "Health plan company" has the meaning provided in section 62Q.01, subdivision
45.264.
45.27    (e) "Personal clinician" means a physician licensed under chapter 147, a physician
45.28assistant registered licensed and practicing under chapter 147A, or an advanced practice
45.29nurse licensed and registered to practice under chapter 148.
45.30    (f) "State health care program" means the medical assistance, MinnesotaCare, and
45.31general assistance medical care programs.

45.32    Sec. 30. REPEALER.
45.33Minnesota Statutes 2008, section 147A.22, is repealed.

45.34    Sec. 31. EFFECTIVE DATE.
46.1    Sections 1 to 30 are effective July 1, 2009.


46.4    Section 1. Minnesota Statutes 2008, section 150A.01, is amended by adding a
46.5subdivision to read:
46.6    Subd. 6b. Oral health practitioner. "Oral health practitioner" means a person
46.7licensed under this chapter to perform the services authorized under section 150A.105 or
46.8any other services authorized under this chapter.

46.9    Sec. 2. Minnesota Statutes 2008, section 150A.01, is amended by adding a subdivision
46.10to read:
46.11    Subd. 6c. Dental therapist. "Dental therapist" means a person licensed under this
46.12chapter to perform the services authorized under section 150A.106 or any other services
46.13authorized under this chapter.

46.14    Sec. 3. Minnesota Statutes 2008, section 150A.05, is amended by adding a subdivision
46.15to read:
46.16    Subd. 1b. Practice of oral health practitioners. A person shall be deemed to be
46.17practicing as an oral health practitioner within the meaning of this chapter who:
46.18(1) works under the supervision of a Minnesota-licensed dentist under a collaborative
46.19management agreement as specified under section 150A.105;
46.20(2) practices in settings that serve low-income, uninsured, and underserved patients
46.21or are located in dental health professional shortage areas; and
46.22(3) provides oral health care services, including preventive, primary diagnostic,
46.23educational, palliative, therapeutic, and restorative services as authorized under section
46.24150A.105 and within the context of a collaborative management agreement.

46.25    Sec. 4. Minnesota Statutes 2008, section 150A.05, is amended by adding a subdivision
46.26to read:
46.27    Subd. 1c. Practice of dental therapy. A person shall be deemed to be practicing
46.28dental therapy within the meaning of sections 150A.01 to 150A.12 who:
46.29    (1) works under the supervision of a Minnesota-licensed dentist as specified under
46.30section 150A.106;
46.31    (2) practices in settings that serve low-income and underserved patients or are
46.32located in dental health professional shortage areas; and
47.1    (3) provides oral health care services, including preventive, evaluative, and
47.2educational services as authorized under section 150A.106 and within the context of
47.3a collaborative management agreement.

47.4    Sec. 5. Minnesota Statutes 2008, section 150A.05, subdivision 2, is amended to read:
47.5    Subd. 2. Exemptions and exceptions of certain practices and operations.
47.6Sections 150A.01 to 150A.12 do not apply to:
47.7(1) the practice of dentistry or dental hygiene in any branch of the armed services of
47.8the United States, the United States Public Health Service, or the United States Veterans
47.9Administration;
47.10(2) the practice of dentistry, dental hygiene, or dental assisting by undergraduate
47.11dental students, oral health practitioner students, dental therapy students, dental hygiene
47.12students, and dental assisting students of the University of Minnesota, schools of dental
47.13hygiene, schools with an oral health practitioner education program accredited under
47.14section 150A.06, schools with a dental therapy education program, or schools of dental
47.15assisting approved by the board, when acting under the direction and supervision of a
47.16licensed dentist, a licensed oral health practitioner, a licensed dental therapist, or a licensed
47.17dental hygienist acting as an instructor;
47.18(3) the practice of dentistry by licensed dentists of other states or countries while
47.19appearing as clinicians under the auspices of a duly approved dental school or college, or a
47.20reputable dental society, or a reputable dental study club composed of dentists;
47.21(4) the actions of persons while they are taking examinations for licensure or
47.22registration administered or approved by the board pursuant to sections 150A.03,
47.23subdivision 1 , and 150A.06, subdivisions 1, 2, and 2a;
47.24(5) the practice of dentistry by dentists and dental hygienists licensed by other states
47.25during their functioning as examiners responsible for conducting licensure or registration
47.26examinations administered by regional and national testing agencies with whom the
47.27board is authorized to affiliate and participate under section 150A.03, subdivision 1,
47.28and the practice of dentistry by the regional and national testing agencies during their
47.29administering examinations pursuant to section 150A.03, subdivision 1;
47.30(6) the use of X-rays or other diagnostic imaging modalities for making radiographs
47.31or other similar records in a hospital under the supervision of a physician or dentist or
47.32by a person who is credentialed to use diagnostic imaging modalities or X-ray machines
47.33for dental treatment, roentgenograms, or dental diagnostic purposes by a credentialing
47.34agency other than the Board of Dentistry; or
48.1(7) the service, other than service performed directly upon the person of a patient, of
48.2constructing, altering, repairing, or duplicating any denture, partial denture, crown, bridge,
48.3splint, orthodontic, prosthetic, or other dental appliance, when performed according to
48.4a written work order from a licensed dentist or a licensed oral health practitioner in
48.5accordance with section 150A.10, subdivision 3.

48.6    Sec. 6. Minnesota Statutes 2008, section 150A.06, is amended by adding a subdivision
48.7to read:
48.8    Subd. 1d. Oral health practitioners. A person, of good moral character who has
48.9graduated with a baccalaureate degree or a master's degree from an oral health practitioner
48.10education program that has been approved by the board or accredited by the Commission
48.11on Dental Accreditation or another board-approved national accreditation organization,
48.12may apply for licensure.
48.13The applicant must submit an application and fee as prescribed by the board and a
48.14diploma or certificate from an oral health practitioner education program. Prior to being
48.15licensed, the applicant must pass a comprehensive, competency-based clinical examination
48.16that is approved by the board and administered independently of an institution providing
48.17oral health practitioner education. The applicant must also pass an examination testing
48.18the applicant's knowledge of the Minnesota laws and rules relating to the practice of
48.19dentistry. An applicant who has failed the clinical examination twice is ineligible to retake
48.20the clinical examination until further education and training are obtained as specified by
48.21the board. A separate, nonrefundable fee may be charged for each time a person applies.
48.22An applicant who passes the examination in compliance with subdivision 2b, abides by
48.23professional ethical conduct requirements, and meets all the other requirements of the
48.24board shall be licensed as an oral health practitioner.

48.25    Sec. 7. Minnesota Statutes 2008, section 150A.06, is amended by adding a subdivision
48.26to read:
48.27    Subd. 1e. Dental therapists. A person of good moral character who has graduated
48.28from a dental therapy education program in a dental school or dental college accredited by
48.29the Commission on Dental Accreditation may apply for licensure.
48.30    The applicant must submit an application and fee as prescribed by the board and a
48.31diploma or certificate from a dental therapy education program. Prior to being licensed,
48.32the applicant must pass a comprehensive, competency-based clinical examination that is
48.33approved by the board and administered independently of an institution providing dental
48.34therapy education. The applicant must also pass an examination testing the applicant's
48.35knowledge of the laws of Minnesota relating to the practice of dentistry and of the rules of
49.1the board. An applicant is ineligible to retake the clinical examination required by the
49.2board after failing it twice until further education and training are obtained as specified by
49.3board rule. A separate, nonrefundable fee may be charged for each time a person applies.
49.4An applicant who passes the examination in compliance with subdivision 2b, abides by
49.5professional ethical conduct requirements, and meets all the other requirements of the
49.6board shall be licensed as a dental therapist.

49.7    Sec. 8. Minnesota Statutes 2008, section 150A.06, is amended by adding a subdivision
49.8to read:
49.9    Subd. 1f. Resident dental providers. A person who is a graduate of an
49.10undergraduate program and is an enrolled graduate student of an advanced dental
49.11education program shall obtain from the board a license to practice as a resident dental
49.12hygienist or oral health practitioner. The license must be designated "resident dental
49.13provider license" and authorizes the licensee to practice only under the supervision of a
49.14licensed dentist or licensed oral health practitioner. A resident dental provider license
49.15must be renewed annually by the board. An applicant for a resident dental provider license
49.16shall pay a nonrefundable fee set by the board for issuing and renewing the license. The
49.17requirements of sections 150A.01 to 150A.21 apply to resident dental providers except as
49.18specified in rules adopted by the board. A resident dental provider license does not qualify
49.19a person for licensure under subdivision 1d or 2.

49.20    Sec. 9. Minnesota Statutes 2008, section 150A.06, subdivision 2d, is amended to read:
49.21    Subd. 2d. Continuing education and professional development waiver. (a) The
49.22board shall grant a waiver to the continuing education requirements under this chapter for
49.23a licensed dentist, licensed oral health practitioner, a licensed dental therapist, licensed
49.24dental hygienist, or registered dental assistant who documents to the satisfaction of the
49.25board that the dentist, oral health practitioner, a dental therapist, dental hygienist, or
49.26registered dental assistant has retired from active practice in the state and limits the
49.27provision of dental care services to those offered without compensation in a public
49.28health, community, or tribal clinic or a nonprofit organization that provides services to
49.29the indigent or to recipients of medical assistance, general assistance medical care, or
49.30MinnesotaCare programs.
49.31(b) The board may require written documentation from the volunteer and retired
49.32dentist, oral health practitioner, a dental therapist, dental hygienist, or registered dental
49.33assistant prior to granting this waiver.
49.34(c) The board shall require the volunteer and retired dentist, oral health practitioner,
49.35dental hygienist, or registered dental assistant to meet the following requirements:
50.1(1) a licensee or registrant seeking a waiver under this subdivision must complete
50.2and document at least five hours of approved courses in infection control, medical
50.3emergencies, and medical management for the continuing education cycle; and
50.4(2) provide documentation of certification in advanced or basic cardiac life support
50.5recognized by the American Heart Association, the American Red Cross, or an equivalent
50.6entity.

50.7    Sec. 10. Minnesota Statutes 2008, section 150A.06, subdivision 5, is amended to read:
50.8    Subd. 5. Fraud in securing licenses or registrations. Every person implicated
50.9in employing fraud or deception in applying for or securing a license or registration to
50.10practice dentistry, dental hygiene, or dental therapy, or dental assisting, or as an oral health
50.11practitioner or in annually renewing a license or registration under sections 150A.01 to
50.12150A.12 is guilty of a gross misdemeanor.

50.13    Sec. 11. Minnesota Statutes 2008, section 150A.06, subdivision 6, is amended to read:
50.14    Subd. 6. Display of name and certificates. The initial license and subsequent
50.15renewal, or current registration certificate, of every dentist, oral health practitioner, a dental
50.16therapist, dental hygienist, or dental assistant shall be conspicuously displayed in every
50.17office in which that person practices, in plain sight of patients. Near or on the entrance
50.18door to every office where dentistry is practiced, the name of each dentist practicing there,
50.19as inscribed on the current license certificate, shall be displayed in plain sight.

50.20    Sec. 12. Minnesota Statutes 2008, section 150A.08, subdivision 1, is amended to read:
50.21    Subdivision 1. Grounds. The board may refuse or by order suspend or revoke, limit
50.22or modify by imposing conditions it deems necessary, any the license to practice dentistry
50.23or dental hygiene of a dentist, oral health practitioner, dental therapist, or dental hygienist,
50.24or the registration of any dental assistant upon any of the following grounds:
50.25(1) fraud or deception in connection with the practice of dentistry or the securing of
50.26a license or registration certificate;
50.27(2) conviction, including a finding or verdict of guilt, an admission of guilt, or a no
50.28contest plea, in any court of a felony or gross misdemeanor reasonably related to the
50.29practice of dentistry as evidenced by a certified copy of the conviction;
50.30(3) conviction, including a finding or verdict of guilt, an admission of guilt, or a
50.31no contest plea, in any court of an offense involving moral turpitude as evidenced by a
50.32certified copy of the conviction;
50.33(4) habitual overindulgence in the use of intoxicating liquors;
51.1(5) improper or unauthorized prescription, dispensing, administering, or personal
51.2or other use of any legend drug as defined in chapter 151, of any chemical as defined in
51.3chapter 151, or of any controlled substance as defined in chapter 152;
51.4(6) conduct unbecoming a person licensed to practice dentistry, dental therapy
51.5or dental hygiene or as an oral health practitioner or registered as a dental assistant, or
51.6conduct contrary to the best interest of the public, as such conduct is defined by the rules
51.7of the board;
51.8(7) gross immorality;
51.9(8) any physical, mental, emotional, or other disability which adversely affects a
51.10dentist's, oral health practitioner's, dental therapist's, dental hygienist's, or registered dental
51.11assistant's ability to perform the service for which the person is licensed or registered;
51.12(9) revocation or suspension of a license, registration, or equivalent authority to
51.13practice, or other disciplinary action or denial of a license or registration application taken
51.14by a licensing, registering, or credentialing authority of another state, territory, or country
51.15as evidenced by a certified copy of the licensing authority's order, if the disciplinary action
51.16or application denial was based on facts that would provide a basis for disciplinary action
51.17under this chapter and if the action was taken only after affording the credentialed person
51.18or applicant notice and opportunity to refute the allegations or pursuant to stipulation
51.19or other agreement;
51.20(10) failure to maintain adequate safety and sanitary conditions for a dental office in
51.21accordance with the standards established by the rules of the board;
51.22(11) employing, assisting, or enabling in any manner an unlicensed person to
51.23practice dentistry;
51.24(12) failure or refusal to attend, testify, and produce records as directed by the board
51.25under subdivision 7;
51.26(13) violation of, or failure to comply with, any other provisions of sections 150A.01
51.27to 150A.12, the rules of the Board of Dentistry, or any disciplinary order issued by the
51.28board, sections 144.291 to 144.298 or 595.02, subdivision 1, paragraph (d), or for any
51.29other just cause related to the practice of dentistry. Suspension, revocation, modification
51.30or limitation of any license shall not be based upon any judgment as to therapeutic or
51.31monetary value of any individual drug prescribed or any individual treatment rendered,
51.32but only upon a repeated pattern of conduct;
51.33(14) knowingly providing false or misleading information that is directly related
51.34to the care of that patient unless done for an accepted therapeutic purpose such as the
51.35administration of a placebo; or
52.1(15) aiding suicide or aiding attempted suicide in violation of section 609.215 as
52.2established by any of the following:
52.3(i) a copy of the record of criminal conviction or plea of guilty for a felony in
52.4violation of section 609.215, subdivision 1 or 2;
52.5(ii) a copy of the record of a judgment of contempt of court for violating an
52.6injunction issued under section 609.215, subdivision 4;
52.7(iii) a copy of the record of a judgment assessing damages under section 609.215,
52.8subdivision 5 ; or
52.9(iv) a finding by the board that the person violated section 609.215, subdivision
52.101 or 2. The board shall investigate any complaint of a violation of section 609.215,
52.11subdivision 1 or 2.

52.12    Sec. 13. Minnesota Statutes 2008, section 150A.08, subdivision 3a, is amended to read:
52.13    Subd. 3a. Costs; additional penalties. (a) The board may impose a civil penalty
52.14not exceeding $10,000 for each separate violation, the amount of the civil penalty to
52.15be fixed so as to deprive a licensee or registrant of any economic advantage gained by
52.16reason of the violation, to discourage similar violations by the licensee or registrant or any
52.17other licensee or registrant, or to reimburse the board for the cost of the investigation and
52.18proceeding, including, but not limited to, fees paid for services provided by the Office of
52.19Administrative Hearings, legal and investigative services provided by the Office of the
52.20Attorney General, court reporters, witnesses, reproduction of records, board members'
52.21per diem compensation, board staff time, and travel costs and expenses incurred by board
52.22staff and board members.
52.23(b) In addition to costs and penalties imposed under paragraph (a), the board may
52.24also:
52.25(1) order the dentist, oral health practitioner, dental therapist, dental hygienist, or
52.26dental assistant to provide unremunerated service;
52.27(2) censure or reprimand the dentist, oral health practitioner, dental therapist, dental
52.28hygienist, or dental assistant; or
52.29(3) any other action as allowed by law and justified by the facts of the case.

52.30    Sec. 14. Minnesota Statutes 2008, section 150A.08, subdivision 5, is amended to read:
52.31    Subd. 5. Medical examinations. If the board has probable cause to believe that
52.32a dentist, oral health practitioner, dental therapist, dental hygienist, registered dental
52.33assistant, or applicant engages in acts described in subdivision 1, clause (4) or (5), or
52.34has a condition described in subdivision 1, clause (8), it shall direct the dentist, oral
52.35health practitioner, dental therapist, dental hygienist, assistant, or applicant to submit to a
53.1mental or physical examination or a chemical dependency assessment. For the purpose
53.2of this subdivision, every dentist, oral health practitioner, dental therapist, hygienist, or
53.3assistant licensed or registered under this chapter or person submitting an application for a
53.4license or registration is deemed to have given consent to submit to a mental or physical
53.5examination when directed in writing by the board and to have waived all objections
53.6in any proceeding under this section to the admissibility of the examining physician's
53.7testimony or examination reports on the ground that they constitute a privileged
53.8communication. Failure to submit to an examination without just cause may result in an
53.9application being denied or a default and final order being entered without the taking of
53.10testimony or presentation of evidence, other than evidence which may be submitted by
53.11affidavit, that the licensee, registrant, or applicant did not submit to the examination.
53.12A dentist, oral health practitioner, dental therapist, dental hygienist, registered dental
53.13assistant, or applicant affected under this section shall at reasonable intervals be afforded
53.14an opportunity to demonstrate ability to start or resume the competent practice of dentistry
53.15or perform the duties of a an oral health practitioner, dental therapist, dental hygienist, or
53.16registered dental assistant with reasonable skill and safety to patients. In any proceeding
53.17under this subdivision, neither the record of proceedings nor the orders entered by the
53.18board is admissible, is subject to subpoena, or may be used against the dentist, oral health
53.19practitioner, dental therapist, dental hygienist, registered dental assistant, or applicant in
53.20any proceeding not commenced by the board. Information obtained under this subdivision
53.21shall be classified as private pursuant to the Minnesota Government Data Practices Act.

53.22    Sec. 15. Minnesota Statutes 2008, section 150A.09, subdivision 1, is amended to read:
53.23    Subdivision 1. Registration information and procedure. On or before the license
53.24or registration certificate expiration date every licensed dentist, oral health practitioner,
53.25dental therapist, dental hygienist, and registered dental assistant shall transmit to the
53.26executive secretary of the board, pertinent information required by the board, together
53.27with the fee established by the board. At least 30 days before a license or registration
53.28certificate expiration date, the board shall send a written notice stating the amount and due
53.29date of the fee and the information to be provided to every licensed dentist, oral health
53.30practitioner, dental therapist, dental hygienist, and registered dental assistant.

53.31    Sec. 16. Minnesota Statutes 2008, section 150A.09, subdivision 3, is amended to read:
53.32    Subd. 3. Current address, change of address. Every dentist, oral health
53.33practitioner, dental therapist, dental hygienist, and registered dental assistant shall
53.34maintain with the board a correct and current mailing address. For dentists engaged in the
53.35practice of dentistry, the address shall be that of the location of the primary dental practice.
54.1Within 30 days after changing addresses, every dentist, oral health practitioner, dental
54.2therapist, dental hygienist, and registered dental assistant shall provide the board written
54.3notice of the new address either personally or by first class mail.

54.4    Sec. 17. Minnesota Statutes 2008, section 150A.10, subdivision 1, is amended to read:
54.5    Subdivision 1. Dental hygienists. Any licensed dentist, licensed dental therapist,
54.6public institution, or school authority may obtain services from a licensed dental hygienist.
54.7Such The licensed dental hygienist may provide those services defined in section 150A.05,
54.8subdivision 1a . Such The services provided shall not include the establishment of a final
54.9diagnosis or treatment plan for a dental patient. Such All services shall be provided
54.10under supervision of a licensed dentist. Any licensed dentist who shall permit any dental
54.11service by a dental hygienist other than those authorized by the Board of Dentistry, shall
54.12be deemed to be violating the provisions of sections 150A.01 to 150A.12, and any such
54.13unauthorized dental service by a dental hygienist shall constitute a violation of sections
54.14150A.01 to 150A.12.

54.15    Sec. 18. Minnesota Statutes 2008, section 150A.10, subdivision 2, is amended to read:
54.16    Subd. 2. Dental assistants. Every licensed dentist , oral health practitioner, and
54.17dental therapist who uses the services of any unlicensed person for the purpose of
54.18assistance in the practice of dentistry or dental therapy, or within the practice of an oral
54.19health practitioner, shall be responsible for the acts of such unlicensed person while
54.20engaged in such assistance. Such The dentist , oral health practitioner, or dental therapist
54.21shall permit such the unlicensed assistant to perform only those acts which are authorized
54.22to be delegated to unlicensed assistants by the Board of Dentistry. Such The acts shall
54.23be performed under supervision of a licensed dentist, licensed oral health practitioner, or
54.24dental therapist. A licensed oral health practitioner or a licensed dental therapist shall not
54.25supervise more than four registered dental assistants at any one practice setting. The
54.26board may permit differing levels of dental assistance based upon recognized educational
54.27standards, approved by the board, for the training of dental assistants. The board may also
54.28define by rule the scope of practice of registered and nonregistered dental assistants. The
54.29board by rule may require continuing education for differing levels of dental assistants,
54.30as a condition to their registration or authority to perform their authorized duties. Any
54.31licensed dentist , oral health practitioner, or dental therapist who shall permit such
54.32permits an unlicensed assistant to perform any dental service other than that authorized
54.33by the board shall be deemed to be enabling an unlicensed person to practice dentistry,
54.34and commission of such an act by such an unlicensed assistant shall constitute a violation
54.35of sections 150A.01 to 150A.12.

55.1    Sec. 19. Minnesota Statutes 2008, section 150A.10, subdivision 3, is amended to read:
55.2    Subd. 3. Dental technicians. Every licensed dentist , oral health practitioner, and
55.3dental therapist who uses the services of any unlicensed person, other than under the
55.4dentist's or oral health practitioner's supervision and within such dentist's own office the
55.5same practice setting, for the purpose of constructing, altering, repairing or duplicating
55.6any denture, partial denture, crown, bridge, splint, orthodontic, prosthetic or other dental
55.7appliance, shall be required to furnish such unlicensed person with a written work order
55.8in such form as shall be prescribed by the rules of the board; said. The work order shall
55.9be made in duplicate form, a duplicate copy to be retained in a permanent file in of the
55.10dentist's office dentist or oral health practitioner at the practice setting for a period of two
55.11years, and the original to be retained in a permanent file for a period of two years by
55.12such the unlicensed person in that person's place of business. Such The permanent file
55.13of work orders to be kept by such the dentist, oral health practitioner, or by such the
55.14unlicensed person shall be open to inspection at any reasonable time by the board or
55.15its duly constituted agent.

55.16    Sec. 20. Minnesota Statutes 2008, section 150A.10, subdivision 4, is amended to read:
55.17    Subd. 4. Restorative procedures. (a) Notwithstanding subdivisions 1, 1a, and 2,
55.18a licensed dental hygienist or a registered dental assistant may perform the following
55.19restorative procedures:
55.20(1) place, contour, and adjust amalgam restorations;
55.21(2) place, contour, and adjust glass ionomer;
55.22(3) adapt and cement stainless steel crowns; and
55.23(4) place, contour, and adjust class I and class V supragingival composite restorations
55.24where the margins are entirely within the enamel.
55.25(b) The restorative procedures described in paragraph (a) may be performed only if:
55.26(1) the licensed dental hygienist or the registered dental assistant has completed a
55.27board-approved course on the specific procedures;
55.28(2) the board-approved course includes a component that sufficiently prepares the
55.29dental hygienist or registered dental assistant to adjust the occlusion on the newly placed
55.30restoration;
55.31(3) a licensed dentist or licensed oral health practitioner has authorized the procedure
55.32to be performed; and
55.33(4) a licensed dentist or licensed oral health practitioner is available in the clinic
55.34while the procedure is being performed.
56.1(c) The dental faculty who teaches the educators of the board-approved courses
56.2specified in paragraph (b) must have prior experience teaching these procedures in an
56.3accredited dental education program.

56.4    Sec. 21. [150A.105] ORAL HEALTH PRACTITIONER.
56.5    Subdivision 1. General. An oral health practitioner licensed under this chapter
56.6may practice under the supervision of a Minnesota-licensed dentist pursuant to a written
56.7collaborative management agreement and the requirements of this chapter.
56.8    Subd. 2. Limited practice settings. An oral health practitioner licensed under this
56.9chapter is limited to primarily practicing in settings that serve low-income, uninsured, and
56.10underserved patients or are located in a dental health professional shortage area.
56.11    Subd. 3. Collaborative management agreement. (a) Prior to performing any of
56.12the services authorized under this chapter, an oral health practitioner must enter into
56.13a written collaborative management agreement with a Minnesota-licensed dentist. The
56.14agreement must include:
56.15(1) practice settings where services may be provided and the populations to be
56.16served;
56.17(2) any limitations on the services that may be provided by the oral health
56.18practitioner, including the level of supervision required by the collaborating dentist and
56.19consultation criteria;
56.20(3) age and procedure specific practice protocols, including case selection criteria,
56.21examination guidelines, and imaging frequency;
56.22(4) a procedure for creating and maintaining dental records for the patients that
56.23are treated by the oral health practitioner;
56.24(5) a plan to manage medical emergencies in each practice setting where the oral
56.25health practitioner provides care;
56.26(6) a quality assurance plan for monitoring care provided by the oral health
56.27practitioner, including patient care review, referral follow-up, and a quality assurance
56.28chart review;
56.29(7) protocols for prescribing, administering, and dispensing medications authorized
56.30under subdivision 5, including the specific conditions and circumstances under which
56.31these medications are to be prescribed, dispensed, and administered;
56.32(8) criteria relating to the provision of care to patients with specific medical
56.33conditions or complex medication histories, including any requirements for consultation
56.34prior to the initiation of care;
56.35(9) criteria for the supervision of allied dental personnel;
57.1(10) a plan for the provision of clinical referrals in situations that are beyond the
57.2diagnostic or treatment capabilities of the oral health practitioner; and
57.3(11) a description of any financial arrangement, if applicable, between the oral
57.4health practitioner and collaborating dentist.
57.5(b) A collaborating dentist must be licensed and practicing in Minnesota. The
57.6collaborating dentist shall accept responsibility for all services authorized and performed
57.7by the oral health practitioner under the collaborative management agreement. Any
57.8licensed dentist who permits an oral health practitioner to perform a dental service other
57.9than those authorized under this section or by the board or any oral health practitioner who
57.10performs unauthorized services shall be in violation sections 150A.01 to 150A.12.
57.11(c) Both the collaborating dentist and the oral health practitioner must maintain
57.12professional liability coverage. Proof of professional liability coverage shall be submitted
57.13to the board as part of the collaborative management agreement.
57.14(d) Collaborative management agreements must be signed and maintained by the
57.15collaborating dentist and the oral health practitioner. Agreements must be reviewed,
57.16updated, and submitted to the board on an annual basis.
57.17(e) A collaborating dentist shall accept any patient referred by the oral health
57.18practitioner or have a referral process for patients that are referred by the oral health
57.19practitioner.
57.20(f) A collaborating dentist must conduct periodic oversight reviews of each oral
57.21health practitioner in which the dentist has entered into a collaborative management
57.22agreement.
57.23    Subd. 4. Scope of practice. (a) A licensed oral health practitioner may perform
57.24dental services as authorized under this section within the parameters of the collaborative
57.25management agreement.
57.26(b) The services a licensed oral health practitioner may perform include preventive,
57.27primary diagnostic, educational, palliative, therapeutic, and restorative oral health services
57.28as specified in paragraph (c), and within the parameters of the collaborative management
57.29agreement.
57.30(c) A licensed oral health practitioner may perform the following services under
57.31general supervision, unless restricted or prohibited in the collaborative management
57.32agreement:
57.33(1) preventive, palliative, diagnostic, and assessment services:
57.34(i) oral health instruction and disease prevention education, including nutritional
57.35counseling and dietary analysis;
58.1(ii) diagnostic services, including an examination, evaluation, and assessment to
58.2identify oral disease and conditions;
58.3(iii) formulation of a diagnosis and individualized treatment plan, including
58.4preliminary charting of the oral cavity;
58.5(iv) taking of radiographs;
58.6(vi) fabrication of athletic mouthguards;
58.7(vii) application of topical preventive or prophylactic agents, including fluoride
58.8varnishes and pit and fissure sealants;
58.9(ix) emergency palliative treatment of dental pain;
58.10(x) pulp vitality testing;
58.11(xi) application of desensitizing medication or resin; and
58.12(xii) space maintainer removal;
58.13(2) restorative services:
58.14(i) cavity preparation class I-IV;
58.15(ii) restoration of primary and permanent teeth class I-IV;
58.16(iii) placement of temporary crowns;
58.17(iv) placement of temporary restorations;
58.18(v) preparation and placement of preformed crowns;
58.19(vi) pulpotomies on primary teeth;
58.20(vii) indirect and direct pulp capping on primary and permanent teeth;
58.21(viii) repair of defective prosthetic appliances;
58.22(ix) recementing of permanent crowns;
58.23(x) administering nitrous oxide inhalation analgesia;
58.24(xi) administering injections of local anesthetic agents;
58.25(xiv) soft-tissue reline and conditioning;
58.26(xv) atraumatic restorative technique; and
58.27(xvi) opening permanent teeth for pulpal debridement and opening chamber; and
58.28(3) surgical services:
58.29(i) extractions of primary and permanent teeth;
58.30(ii) suture placement and removal;
58.31(iii) dressing change;
58.32(iv) brush biopsies;
58.33(v) tooth reimplantation stabilization; and
58.34(vi) abscess incision and drainage;
58.35    (vii) placement of space maintainers; and
58.36    (viii) fabrication of soft-occlusal guards.
59.1(d) A licensed oral health practitioner may perform the following services under
59.2the indirect supervision, unless restricted or prohibited in the collaborative management
59.3agreement:
59.4(1) placement of space maintainers; and
59.5(2) fabrication of soft-occlusal guards.
59.6(e) For purposes of this section, "general supervision" has the meaning given in
59.7Minnesota Rules, part 3100.0100, subpart 21.
59.8    Subd. 5. Prescribing authority. (a) A licensed oral health practitioner may
59.9prescribe, dispense, and administer the following drugs within the parameters of the
59.10collaborative management agreement and within the scope of practice of the oral health
59.11practitioner: analgesics, anti-inflammatories, and antibiotics.
59.12(b) The authority to prescribe, dispense, and administer shall extend only to the
59.13categories of drugs identified in this subdivision, and may be further limited by the
59.14collaborative management agreement.
59.15(c) The authority to dispense includes the authority to dispense sample drugs within
59.16the categories identified in this subdivision if dispensing is permitted by the collaborative
59.17management agreement.
59.18(d) Notwithstanding paragraph (a), a licensed oral health practitioner is prohibited
59.19from dispensing, prescribing, or administering a narcotic drug as defined in section
59.20152.01, subdivision 10.
59.21    Subd. 6. Application of other laws. A licensed oral health practitioner authorized
59.22to practice under this chapter is not in violation of section 150A.05 as it relates to the
59.23unauthorized practice of dentistry if the practice is authorized under this chapter and is
59.24within the parameters of the collaborative management agreement.
59.25    Subd. 7. Use of dental allied personnel. (a) A licensed oral health practitioner
59.26may supervise registered and unregistered dental assistants to the extent permitted in the
59.27collaborative management agreement and according to section 150A.10.
59.28(b) Notwithstanding paragraph (a), a licensed oral health practitioner is limited to
59.29supervising no more than four registered dental assistants at any one practice setting.
59.30    Subd. 8. Definitions. (a) For the purposes of this section, the following definitions
59.31apply.
59.32(b) "Practice settings that serve the low-income, uninsured, and underserved" mean:
59.33(1) critical access dental provider settings as designated by the commissioner of
59.34human services under section 256B.76, paragraph (c);
59.35(2) dental hygiene collaborative practice settings identified in section 150A.10,
59.36subdivision 1a, paragraph (e), medical facilities, assisted living facilities, local and state
60.1correctional facilities, federally qualified health centers, and organizations eligible to
60.2receive a community clinic grant under section 145.9268, subdivision 1;
60.3(3) military and veterans administration hospitals, clinics, and care settings;
60.4(4) a patient's residence or home when the patient is homebound or receiving or
60.5eligible to receive home care services or home and community-based waivered services,
60.6regardless of the patient's income;
60.7(5) oral health educational institutions; or
60.8(6) any other clinic or practice setting, including mobile dental units, in which at
60.9least 50 percent of the oral health practitioner's total patient base in that clinic or practice
60.10setting are patients who:
60.11(i) are enrolled in a Minnesota health care program;
60.12(ii) have a medical disability or chronic condition that creates a significant barrier
60.13to receiving dental care;
60.14(iii) reside in geographically isolated or medically underserved areas; or
60.15(iv) do not have dental health coverage either through a Minnesota health care
60.16program or private insurance, and whose family gross income is equal to or less than 275
60.17percent of the federal poverty guidelines.
60.18(c) "Dental health professional shortage area" means an area that meets the criteria
60.19established by the secretary of the United States Department of Health and Human
60.20Services and is designated as such under United States Code, title 42, section 254e.

60.21    Sec. 22. [150A.106] DENTAL THERAPIST.
60.22    Subdivision 1. General. A dental therapist licensed under this chapter shall practice
60.23under the supervision of a Minnesota-licensed dentist and under the requirements of
60.24this chapter.
60.25    Subd. 2. Limited practice settings. A dental therapist licensed under this chapter is
60.26limited to primarily practicing in settings that serve low-income and underserved patients
60.27or in a dental health professional shortage area.
60.28    Subd. 3. Collaborative management agreement. (a) Prior to performing any of
60.29the services authorized under this chapter, a dental therapist must enter into a written
60.30collaborative management agreement with a Minnesota-licensed dentist. The agreement
60.31must include:
60.32(1) practice settings where services may be provided and the populations to be
60.33served;
60.34(2) any limitations on the services that may be provided by the dental therapist,
60.35including the level of supervision required by the collaborating dentist;
61.1(3) age and procedure specific practice protocols, including case selection criteria,
61.2assessment guidelines, and imaging frequency;
61.3(4) a procedure for creating and maintaining dental records for the patients that
61.4are treated by the dental therapist;
61.5(5) a plan to manage medical emergencies in each practice setting where the dental
61.6therapist provides care;
61.7(6) a quality assurance plan for monitoring care provided by the dental therapist,
61.8including patient care review, referral follow-up, and a quality assurance chart review;
61.9(7) protocols for administering and dispensing medications authorized under
61.10subdivision 5, including the specific conditions and circumstance under which these
61.11medications are to be dispensed and administered;
61.12(8) criteria relating to the provision of care to patients with specific medical
61.13conditions or complex medication histories, including requirements for consultation prior
61.14to the initiation of care;
61.15(9) supervision criteria of registered and nonregistered dental assistants; and
61.16(10) a plan for the provision of clinical resources and referrals in situations which
61.17are beyond the capabilities of the dental therapist.
61.18(b) A collaborating dentist must be licensed and practicing in Minnesota. The
61.19collaborating dentist shall accept responsibility for all services authorized and performed
61.20by the dental therapist pursuant to the management agreement. Any licensed dentist who
61.21permits a dental therapist to perform a dental service other than those authorized under
61.22this section or by the board, or any dental therapist who performs an unauthorized service,
61.23shall be deemed to be in violation of the provisions in sections 150A.01 to 150A.12.
61.24(c) Collaborative management agreements must be signed and maintained by the
61.25collaborating dentist and the dental therapist. Agreements must be reviewed, updated, and
61.26submitted to the board on an annual basis.
61.27    Subd. 4. Scope of practice. (a) A licensed dental therapist may perform dental
61.28services as authorized under this section within the parameters of the collaborative
61.29management agreement.
61.30(b) The services authorized to be performed by a licensed dental therapist include
61.31preventive, evaluative, and educational oral health services, as specified in paragraphs (c),
61.32(d), and (e), and within the parameters of the collaborative management agreement.
61.33(c) A licensed dental therapist may perform the following preventive, evaluative,
61.34and assessment services under general supervision, unless restricted or prohibited in
61.35the collaborative management agreement:
62.1(1) oral health instruction and disease prevention education, including nutritional
62.2counseling and dietary analysis;
62.3(2) assessment services, including an evaluation and assessment to identify oral
62.4disease and conditions;
62.5    (3) preliminary charting of the oral cavity;
62.6    (4) making radiographs;
62.7    (5) mechanical polishing;
62.8    (6) application of topical preventive or prophylactic agents, including fluoride
62.9varnishes and pit and fissure sealants;
62.10    (7) pulp vitality testing; and
62.11    (8) application of desensitizing medication or resin.
62.12    (d) A licensed dental therapist may perform the following services under indirect
62.13supervision:
62.14    (1) fabrication of athletic mouthguards;
62.15    (2) emergency palliative treatment of dental pain;
62.16    (3) space maintainer removal;
62.17    (4) restorative services:
62.18    (i) cavity preparation class I-IV;
62.19    (ii) restoration of primary and permanent teeth class I-IV;
62.20    (iii) placement of temporary crowns;
62.21    (iv) placement of temporary restorations;
62.22    (v) preparation and placement of preformed crowns; and
62.23    (vi) pulpotomies on primary teeth;
62.24    (5) indirect and direct pulp capping on primary and permanent teeth;
62.25    (6) fabrication of soft-occlusal guards;
62.26    (7) soft-tissue reline and conditioning;
62.27    (8) atraumatic restorative technique;
62.28    (9) surgical services:
62.29    (i) extractions of primary teeth;
62.30    (ii) suture removal; and
62.31    (iii) dressing change;
62.32    (10) tooth reimplantation and stabilization;
62.33    (11) administration of local anesthetic; and
62.34    (12) administration of nitrous oxide.
62.35    (e) A licensed dental therapist may perform the following services under direct
62.36supervision:
63.1    (1) placement of space maintainers; and
63.2    (2) recementing of permanent crowns.
63.3    (f) For purposes of this section, "general supervision," "indirect supervision,"
63.4and "direct supervision" have the meanings given in Minnesota Rules, part 3100.0100,
63.5subpart 21.
63.6    Subd. 5. Dispensing authority. (a) A licensed dental therapist may dispense and
63.7administer the following drugs within the parameters of the collaborative management
63.8agreement and within the scope of practice of the dental therapist: analgesics,
63.9anti-inflammatories, and antibiotics.
63.10    (b) The authority to dispense and administer shall extend only to the categories
63.11of drugs identified in this subdivision, and may be further limited by the collaborative
63.12management agreement.
63.13    (c) The authority to dispense includes the authority to dispense sample drugs within
63.14the categories identified in this subdivision if dispensing is permitted by the collaborative
63.15management agreement.
63.16    (d) A licensed dental therapist is prohibited from dispensing or administering a
63.17narcotic drug as defined in section 152.01, subdivision 10.
63.18    Subd. 6. Application of other laws. A licensed dental therapist authorized to
63.19practice under this chapter is not in violation of section 150A.05 as it relates to the
63.20unauthorized practice of dentistry if the practice is authorized under this chapter and is
63.21within the parameters of the collaborative management agreement.
63.22    Subd. 7. Use of dental assistants. (a) A licensed dental therapist may supervise
63.23registered and unregistered dental assistants to the extent permitted in the collaborative
63.24management agreement and according to section 150A.10, subdivision 2.
63.25    (b) Notwithstanding paragraph (a), a licensed dental therapist is limited to
63.26supervising no more than two registered dental assistants or nonregistered dental assistants
63.27at any one practice setting.
63.28    Subd. 8. Definitions. (a) For the purposes of this section, the following definitions
63.29apply.
63.30    (b) "Practice settings that serve the low-income and underserved" mean:
63.31    (1) critical access dental provider settings as designated by the commissioner of
63.32human services under section 256B.76, subdivision 4, paragraph (c);
63.33    (2) dental hygiene collaborative practice settings identified in section 150A.10,
63.34subdivision 1a, paragraph (e), and including medical facilities, assisted living facilities,
63.35federally qualified health centers, and organizations eligible to receive a community clinic
63.36grant under section 145.9268, subdivision 1;
64.1    (3) military and veterans administration hospitals, clinics, and care settings;
64.2    (4) a patient's residence or home when the patient is home-bound or receiving or
64.3eligible to receive home care services or home and community-based waivered services,
64.4regardless of the patient's income;
64.5    (5) oral health educational institutions; or
64.6    (6) any other clinic or practice setting, including mobile dental units, in which at least
64.750 percent of the total patient base of the clinic or practice setting consists of patients who:
64.8    (i) are enrolled in a Minnesota health care program;
64.9    (ii) have a medical disability or chronic condition that creates a significant barrier to
64.10receiving dental care; or
64.11    (iii) do not have dental health coverage, either through a public health care program
64.12or private insurance, and have an annual gross family income equal to or less than 200
64.13percent of the federal poverty guidelines.
64.14    (c) "Dental health professional shortage area" means an area that meets the criteria
64.15established by the secretary of the United States Department of Health and Human
64.16Services and is designated as such under United States Code, title 42, section 254e.

64.17    Sec. 23. Minnesota Statutes 2008, section 150A.11, subdivision 4, is amended to read:
64.18    Subd. 4. Dividing fees. It shall be unlawful for any dentist to divide fees with or
64.19promise to pay a part of the dentist's fee to, or to pay a commission to, any dentist or
64.20other person who calls the dentist in consultation or who sends patients to the dentist for
64.21treatment, or operation, but nothing herein shall prevent licensed dentists from forming
64.22a bona fide partnership for the practice of dentistry, nor to the actual employment by a
64.23licensed dentist of, a licensed oral health practitioner, a licensed dental therapist, a licensed
64.24dental hygienist or another licensed dentist.

64.25    Sec. 24. Minnesota Statutes 2008, section 150A.12, is amended to read:
64.26150A.12 VIOLATION AND DEFENSES.
64.27Every person who violates any of the provisions of sections 150A.01 to 150A.12
64.28for which no specific penalty is provided herein, shall be guilty of a gross misdemeanor;
64.29and, upon conviction, punished by a fine of not more than $3,000 or by imprisonment in
64.30the county jail for not more than one year or by both such fine and imprisonment. In the
64.31prosecution of any person for violation of sections 150A.01 to 150A.12, it shall not be
64.32necessary to allege or prove lack of a valid license to practice dentistry or, dental hygiene,
64.33or dental therapy, or as an oral health practitioner but such matter shall be a matter of
64.34defense to be established by the defendant.

65.1    Sec. 25. Minnesota Statutes 2008, section 150A.21, subdivision 1, is amended to read:
65.2    Subdivision 1. Patient's name and Social Security number. Every complete
65.3upper and lower denture and removable dental prosthesis fabricated by a dentist licensed
65.4under section 150A.06, or fabricated pursuant to the dentist's or oral health practitioner's
65.5work order, shall be marked with the name and Social Security number of the patient for
65.6whom the prosthesis is intended. The markings shall be done during fabrication and shall
65.7be permanent, legible and cosmetically acceptable. The exact location of the markings
65.8and the methods used to apply or implant them shall be determined by the dentist, oral
65.9health practitioner, or dental laboratory fabricating the prosthesis. If in the professional
65.10judgment of the dentist, oral health practitioner, or dental laboratory, this identification is
65.11not practicable, identification shall be provided as follows:
65.12(a) The Social Security number of the patient may be omitted if the name of the
65.13patient is shown;
65.14(b) The initials of the patient may be shown alone, if use of the name of the patient is
65.15impracticable;
65.16(c) The identification marks may be omitted in their entirety if none of the forms of
65.17identification specified in clauses (a) and (b) are practicable or clinically safe.

65.18    Sec. 26. Minnesota Statutes 2008, section 150A.21, subdivision 4, is amended to read:
65.19    Subd. 4. Failure to comply. Failure of any dentist or oral health practitioner to
65.20comply with this section shall be deemed to be a violation for which the dentist or oral
65.21health practitioner may be subject to proceedings pursuant to section 150A.08, provided
65.22the dentist or oral health practitioner is charged with the violation within two years of
65.23initial insertion of the dental prosthetic device.

65.24    Sec. 27. Minnesota Statutes 2008, section 151.01, subdivision 23, is amended to read:
65.25    Subd. 23. Practitioner. "Practitioner" means a licensed doctor of medicine, licensed
65.26doctor of osteopathy duly licensed to practice medicine, licensed doctor of dentistry,
65.27licensed doctor of optometry, licensed podiatrist, or licensed veterinarian. For purposes
65.28of sections 151.15, subdivision 4, 151.37, subdivision 2, paragraphs (b), (e), and (f),
65.29and 151.461, "practitioner" also means a physician assistant authorized to prescribe,
65.30dispense, and administer under chapter 147A, or an advanced practice nurse authorized
65.31to prescribe, dispense, and administer under section 148.235, or a licensed oral health
65.32practitioner authorized to prescribe, dispense, and administer under chapter 150A. For
65.33purposes of sections 151.15, subdivision 4; 151.37, subdivision 2, paragraph (b); and
65.34151.461, "practitioner" also means a dental therapist authorized to dispense and administer
65.35under chapter 150A..

66.1    Sec. 28. Minnesota Statutes 2008, section 151.37, subdivision 2, is amended to read:
66.2    Subd. 2. Prescribing and filing. (a) A licensed practitioner in the course of
66.3professional practice only, may prescribe, administer, and dispense a legend drug,
66.4and may cause the same to be administered by a nurse, a physician assistant, an oral
66.5health practitioner, or medical student or resident under the practitioner's direction and
66.6supervision, and may cause a person who is an appropriately certified, registered, or
66.7licensed health care professional to prescribe, dispense, and administer the same within
66.8the expressed legal scope of the person's practice as defined in Minnesota Statutes. A
66.9licensed practitioner may prescribe a legend drug, without reference to a specific patient,
66.10by directing a nurse, pursuant to section 148.235, subdivisions 8 and 9, an oral health
66.11practitioner under chapter 150A, a physician assistant, or a medical student or resident to
66.12adhere to a particular practice guideline or protocol when treating patients whose condition
66.13falls within such guideline or protocol, and when such guideline or protocol specifies the
66.14circumstances under which the legend drug is to be prescribed and administered. An
66.15individual who verbally, electronically, or otherwise transmits a written, oral, or electronic
66.16order, as an agent of a prescriber, shall not be deemed to have prescribed the legend drug.
66.17This paragraph applies to a physician assistant only if the physician assistant meets the
66.18requirements of section 147A.18.
66.19    (b) A licensed practitioner that dispenses for profit a legend drug that is to be
66.20administered orally, is ordinarily dispensed by a pharmacist, and is not a vaccine, must
66.21file with the practitioner's licensing board a statement indicating that the practitioner
66.22dispenses legend drugs for profit, the general circumstances under which the practitioner
66.23dispenses for profit, and the types of legend drugs generally dispensed. It is unlawful to
66.24dispense legend drugs for profit after July 31, 1990, unless the statement has been filed
66.25with the appropriate licensing board. For purposes of this paragraph, "profit" means (1)
66.26any amount received by the practitioner in excess of the acquisition cost of a legend drug
66.27for legend drugs that are purchased in prepackaged form, or (2) any amount received
66.28by the practitioner in excess of the acquisition cost of a legend drug plus the cost of
66.29making the drug available if the legend drug requires compounding, packaging, or other
66.30treatment. The statement filed under this paragraph is public data under section 13.03.
66.31This paragraph does not apply to a licensed doctor of veterinary medicine or a registered
66.32pharmacist. Any person other than a licensed practitioner with the authority to prescribe,
66.33dispense, and administer a legend drug under paragraph (a) shall not dispense for profit.
66.34To dispense for profit does not include dispensing by a community health clinic when the
66.35profit from dispensing is used to meet operating expenses.
67.1    (c) A prescription or drug order for the following drugs is not valid, unless it can be
67.2established that the prescription or order was based on a documented patient evaluation,
67.3including an examination, adequate to establish a diagnosis and identify underlying
67.4conditions and contraindications to treatment:
67.5    (1) controlled substance drugs listed in section 152.02, subdivisions 3 to 5;
67.6    (2) drugs defined by the Board of Pharmacy as controlled substances under section
67.7152.02, subdivisions 7 , 8, and 12;
67.8    (3) muscle relaxants;
67.9    (4) centrally acting analgesics with opioid activity;
67.10    (5) drugs containing butalbital; or
67.11    (6) phoshodiesterase type 5 inhibitors when used to treat erectile dysfunction.
67.12    (d) For the purposes of paragraph (c), the requirement for an examination shall be
67.13met if an in-person examination has been completed in any of the following circumstances:
67.14    (1) the prescribing practitioner examines the patient at the time the prescription
67.15or drug order is issued;
67.16    (2) the prescribing practitioner has performed a prior examination of the patient;
67.17    (3) another prescribing practitioner practicing within the same group or clinic as the
67.18prescribing practitioner has examined the patient;
67.19    (4) a consulting practitioner to whom the prescribing practitioner has referred the
67.20patient has examined the patient; or
67.21    (5) the referring practitioner has performed an examination in the case of a
67.22consultant practitioner issuing a prescription or drug order when providing services by
67.23means of telemedicine.
67.24    (e) Nothing in paragraph (c) or (d) prohibits a licensed practitioner from prescribing
67.25a drug through the use of a guideline or protocol pursuant to paragraph (a).
67.26    (f) Nothing in this chapter prohibits a licensed practitioner from issuing a
67.27prescription or dispensing a legend drug in accordance with the Expedited Partner Therapy
67.28in the Management of Sexually Transmitted Diseases guidance document issued by the
67.29United States Centers for Disease Control.
67.30    (g) Nothing in paragraph (c) or (d) limits prescription, administration, or dispensing
67.31of legend drugs through a public health clinic or other distribution mechanism approved
67.32by the commissioner of health or a board of health in order to prevent, mitigate, or treat
67.33a pandemic illness, infectious disease outbreak, or intentional or accidental release of a
67.34biological, chemical, or radiological agent.
67.35    (h) No pharmacist employed by, under contract to, or working for a pharmacy
67.36licensed under section 151.19, subdivision 1, may dispense a legend drug based on a
68.1prescription that the pharmacist knows, or would reasonably be expected to know, is not
68.2valid under paragraph (c).
68.3    (i) No pharmacist employed by, under contract to, or working for a pharmacy
68.4licensed under section 151.19, subdivision 2, may dispense a legend drug to a resident
68.5of this state based on a prescription that the pharmacist knows, or would reasonably be
68.6expected to know, is not valid under paragraph (c).

68.7    Sec. 29. IMPACT OF ORAL HEALTH PRACTITIONERS AND DENTAL
68.8THERAPISTS.
68.9(a) The Board of Dentistry shall evaluate the impact of the use of oral health
68.10practitioners and dental therapists on the delivery of and access to dental services.
68.11The board shall report to the chairs and ranking minority members of the legislative
68.12committees with jurisdiction over health care by January 15, 2014:
68.13(1) the number of oral health practitioners and dental therapists annually licensed
68.14by the board beginning in 2011;
68.15(2) the settings where licensed oral health practitioners and dental therapists are
68.16practicing and the populations being served;
68.17(3) the number of complaints filed against oral health practitioners and dental
68.18therapists and the basis for each complaint; and
68.19(4) the number of disciplinary actions taken against oral health practitioners and
68.20dental therapists.
68.21(b) The board, in consultation with the Department of Human Services, shall also
68.22include the number and type of dental services that were performed by oral health
68.23practitioners and dental therapists and reimbursed by the state under the Minnesota state
68.24health care programs for the 2013 fiscal year.
68.25(c) The Board of Dentistry, in consultation with the Department of Health, shall
68.26develop an evaluation process that focuses on assessing the impact of oral health
68.27practitioners and dental therapists in terms of patient safety, cost effectiveness, and access
68.28to dental services. The process shall focus on the following outcome measures:
68.29(1) number of new patients served;
68.30(2) reduction in waiting times for needed services;
68.31(3) decreased travel time for patients;
68.32(4) impact on emergency room usage for dental care; and
68.33(5) costs to the public health care system.

68.34    Sec. 30. REPEALER.
68.35Minnesota Statutes 2008, section 150A.061, is repealed.


69.3    Section 1. Minnesota Statutes 2008, section 62M.09, subdivision 3a, is amended to
69.4read:
69.5    Subd. 3a. Mental health and substance abuse reviews. (a) A peer of the treating
69.6mental health or substance abuse provider or a physician must review requests for
69.7outpatient services in which the utilization review organization has concluded that a
69.8determination not to certify a mental health or substance abuse service for clinical reasons
69.9is appropriate, provided that any final determination not to certify treatment is made
69.10by a psychiatrist certified by the American Board of Psychiatry and Neurology and
69.11appropriately licensed in this state or by a doctoral-level psychologist licensed in this state
69.12if the treating provider is a psychologist.
69.13(b) Notwithstanding the notification requirements of section 62M.05, a utilization
69.14review organization that has made an initial decision to certify in accordance with the
69.15requirements of section 62M.05 may elect to provide notification of a determination to
69.16continue coverage through facsimile or mail.
69.17(c) This subdivision does not apply to determinations made in connection with
69.18policies issued by a health plan company that is assessed less than three percent of the
69.19total amount assessed by the Minnesota Comprehensive Health Association.

69.20    Sec. 2. Minnesota Statutes 2008, section 62U.09, subdivision 2, is amended to read:
69.21    Subd. 2. Members. (a) The Health Care Reform Review Council shall consist of 14
69.2215 members who are appointed as follows:
69.23    (1) two members appointed by the Minnesota Medical Association, at least one
69.24of whom must represent rural physicians;
69.25    (2) one member appointed by the Minnesota Nurses Association;
69.26    (3) two members appointed by the Minnesota Hospital Association, at least one of
69.27whom must be a rural hospital administrator;
69.28    (4) one member appointed by the Minnesota Academy of Physician Assistants;
69.29    (5) one member appointed by the Minnesota Business Partnership;
69.30    (6) one member appointed by the Minnesota Chamber of Commerce;
69.31    (7) one member appointed by the SEIU Minnesota State Council;
69.32    (8) one member appointed by the AFL-CIO;
69.33    (9) one member appointed by the Minnesota Council of Health Plans;
69.34    (10) one member appointed by the Smart Buy Alliance;
70.1    (11) one member appointed by the Minnesota Medical Group Management
70.2Association; and
70.3    (12) one consumer member appointed by AARP Minnesota; and
70.4(13) one member appointed by the Minnesota Psychological Association.
70.5    (b) If a member is no longer able or eligible to participate, a new member shall be
70.6appointed by the entity that appointed the outgoing member.

70.7    Sec. 3. Minnesota Statutes 2008, section 148.89, subdivision 5, is amended to read:
70.8    Subd. 5. Practice of psychology. "Practice of psychology" means the observation,
70.9description, evaluation, interpretation, or modification of human behavior by the
70.10application of psychological principles, methods, or procedures for any reason, including
70.11to prevent, eliminate, or manage symptomatic, maladaptive, or undesired behavior and to
70.12enhance interpersonal relationships, work, life and developmental adjustment, personal
70.13and organizational effectiveness, behavioral health, and mental health. The practice of
70.14psychology includes, but is not limited to, the following services, regardless of whether
70.15the provider receives payment for the services:
70.16(1) psychological research and teaching of psychology;
70.17(2) assessment, including psychological testing and other means of evaluating
70.18personal characteristics such as intelligence, personality, abilities, interests, aptitudes, and
70.19neuropsychological functioning;
70.20(3) a psychological report, whether written or oral, including testimony of a provider
70.21as an expert witness, concerning the characteristics of an individual or entity;
70.22(4) psychotherapy, including but not limited to, categories such as behavioral,
70.23cognitive, emotive, systems, psychophysiological, or insight-oriented therapies;
70.24counseling; hypnosis; and diagnosis and treatment of:
70.25(i) mental and emotional disorder or disability;
70.26(ii) alcohol and substance dependence or abuse;
70.27(iii) disorders of habit or conduct;
70.28(iv) the psychological aspects of physical illness or condition, accident, injury, or
70.29disability, including the psychological impact of medications;
70.30(v) life adjustment issues, including work-related and bereavement issues; and
70.31(vi) child, family, or relationship issues;
70.32(5) psychoeducational services and treatment; and
70.33(6) consultation and supervision.

70.34    Sec. 4. DEADLINE FOR APPOINTMENT.
71.1The Minnesota Psychological Association must appoint its member to the Health
71.2Care Reform Review Council under section 2 no later than October 1, 2009.


71.5    Section 1. Minnesota Statutes 2008, section 148.624, subdivision 2, is amended to read:
71.6    Subd. 2. Nutrition. The board shall issue a license as a nutritionist to a person who
71.7files a completed application, pays all required fees, and certifies and furnishes evidence
71.8satisfactory to the board that the applicant:
71.9(1) meets the following qualifications:
71.10(i) has received a master's or doctoral degree from an accredited or approved college
71.11or university with a major in human nutrition, public health nutrition, clinical nutrition,
71.12nutrition education, community nutrition, or food and nutrition; and
71.13(ii) has completed a documented supervised preprofessional practice experience
71.14component in dietetic practice of not less than 900 hours under the supervision of a
71.15registered dietitian, a state licensed nutrition professional, or an individual with a doctoral
71.16degree conferred by a United States regionally accredited college or university with a
71.17major course of study in human nutrition, nutrition education, food and nutrition, dietetics,
71.18or food systems management. Supervised practice experience must be completed in the
71.19United States or its territories. Supervisors who obtain their doctoral degree outside the
71.20United States and its territories must have their degrees validated as equivalent to the
71.21doctoral degree conferred by a United States regionally accredited college or university; or
71.22(2) has qualified as a diplomate of the American Board of Nutrition, Springfield,
71.23Virginia received certification as a Certified Nutrition Specialist by the Certification Board
71.24for Nutrition Specialists.

71.25    Sec. 2. REPEALER.
71.26Minnesota Statutes 2008, section 148.627, subdivisions 1, 2, 3, 4, and 5, are repealed.


71.29    Section 1. Minnesota Statutes 2008, section 148D.010, is amended by adding a
71.30subdivision to read:
71.31    Subd. 6a. Clinical supervision. "Clinical supervision" means supervision, as
71.32defined in subdivision 16, of a social worker engaged in clinical practice, as defined in
71.33subdivision 6.

72.1    Sec. 2. Minnesota Statutes 2008, section 148D.010, is amended by adding a
72.2subdivision to read:
72.3    Subd. 6b. Graduate degree. "Graduate degree" means a master's degree in social
72.4work from a program accredited by the Council on Social Work Education, the Canadian
72.5Association of Schools of Social Work, or a similar accreditation body designated by the
72.6board, or a doctorate in social work from an accredited university.

72.7    Sec. 3. Minnesota Statutes 2008, section 148D.010, subdivision 9, is amended to read:
72.8    Subd. 9. Practice of social work. (a) "Practice of social work" means working
72.9to maintain, restore, or improve behavioral, cognitive, emotional, mental, or social
72.10functioning of clients, in a manner that applies accepted professional social work
72.11knowledge, skills, and values, including the person-in-environment perspective, by
72.12providing in person or through telephone, video conferencing, or electronic means one or
72.13more of the social work services described in paragraph (b), clauses (1) to (3). Social work
72.14services may address conditions that impair or limit behavioral, cognitive, emotional,
72.15mental, or social functioning. Such conditions include, but are not limited to, the
72.16following: abuse and neglect of children or vulnerable adults, addictions, developmental
72.17disorders, disabilities, discrimination, illness, injuries, poverty, and trauma. Practice
72.18of social work also means providing social work services in a position for which the
72.19educational basis is the individual's degree in social work described in subdivision 13.
72.20(b) Social work services include:
72.21(1) providing assessment and intervention through direct contact with clients,
72.22developing a plan based on information from an assessment, and providing services which
72.23include, but are not limited to, assessment, case management, client-centered advocacy,
72.24client education, consultation, counseling, crisis intervention, and referral;
72.25(2) providing for the direct or indirect benefit of clients through administrative,
72.26educational, policy, or research services including, but not limited to:
72.27(i) advocating for policies, programs, or services to improve the well-being of clients;
72.28(ii) conducting research related to social work services;
72.29(iii) developing and administering programs which provide social work services;
72.30(iv) engaging in community organization to address social problems through
72.31planned collective action;
72.32(v) supervising individuals who provide social work services to clients;
72.33(vi) supervising social workers in order to comply with the supervised practice
72.34requirements specified in sections 148D.100 to 148D.125; and
72.35(vii) teaching professional social work knowledge, skills, and values to students; and
73.1(3) engaging in clinical practice.

73.2    Sec. 4. Minnesota Statutes 2008, section 148D.010, subdivision 15, is amended to read:
73.3    Subd. 15. Supervisee. "Supervisee" means an individual provided evaluation and
73.4supervision or direction by a social worker an individual who meets the requirements of
73.5section 148D.120.

73.6    Sec. 5. Minnesota Statutes 2008, section 148D.010, is amended by adding a
73.7subdivision to read:
73.8    Subd. 17. Supervisor. "Supervisor" means an individual who provides evaluation
73.9and direction through supervision as specified in subdivision 16, in order to comply with
73.10sections 148D.100 to 148D.125.

73.11    Sec. 6. Minnesota Statutes 2008, section 148D.025, subdivision 2, is amended to read:
73.12    Subd. 2. Qualifications of board members. (a) All social worker members must
73.13have engaged in the practice of social work in Minnesota for at least one year during
73.14the ten years preceding their appointments.
73.15(b) Five social worker members must be licensed social workers according to
73.16section 148D.055, subdivision 2. The other five members must be include a licensed
73.17graduate social worker, a licensed independent social worker, or a and at least two licensed
73.18independent clinical social worker workers.
73.19(c) Eight social worker members must be engaged at the time of their appointment in
73.20the practice of social work in Minnesota in the following settings:
73.21(1) one member must be engaged in the practice of social work in a county agency;
73.22(2) one member must be engaged in the practice of social work in a state agency;
73.23(3) one member must be engaged in the practice of social work in an elementary,
73.24middle, or secondary school;
73.25(4) one member must be employed in a hospital or nursing home licensed under
73.26chapter 144 or 144A;
73.27(5) two members one member must be engaged in the practice of social work in a
73.28private agency;
73.29(6) one member two members must be engaged in the practice of social work in a
73.30clinical social work setting; and
73.31(7) one member must be an educator engaged in regular teaching duties at a
73.32program of social work accredited by the Council on Social Work Education or a similar
73.33accreditation body designated by the board.
74.1(d) At the time of their appointments, at least six members must reside outside of the
74.2seven-county 11-county metropolitan area.
74.3(e) At the time of their appointments, at least five members must be persons with
74.4expertise in communities of color.

74.5    Sec. 7. Minnesota Statutes 2008, section 148D.025, subdivision 3, is amended to read:
74.6    Subd. 3. Officers. The board must annually biennially elect from its membership a
74.7chair, vice-chair, and secretary-treasurer.

74.8    Sec. 8. Minnesota Statutes 2008, section 148D.061, subdivision 6, is amended to read:
74.9    Subd. 6. Evaluation by supervisor. (a) After being issued a provisional license
74.10under subdivision 1, the licensee licensee's supervisor must submit an evaluation by the
74.11licensee's supervisor every six months during the first 2,000 hours of social work practice.
74.12The evaluation must meet the requirements in section 148D.063. The supervisor must
74.13meet the eligibility requirements specified in section 148D.062.
74.14    (b) After completion of 2,000 hours of supervised social work practice, the licensee's
74.15supervisor must submit a final evaluation and attest to the applicant's ability to engage in
74.16the practice of social work safely and competently and ethically.

74.17    Sec. 9. Minnesota Statutes 2008, section 148D.061, subdivision 8, is amended to read:
74.18    Subd. 8. Disciplinary or other action. The board may take action according to
74.19sections 148D.260 to 148D.270 if:
74.20    (1) the licensee's supervisor does not submit an evaluation as required by section
74.21148D.062 148D.063;
74.22    (2) an evaluation submitted according to section 148D.062 148D.063 indicates that
74.23the licensee cannot practice social work competently and safely ethically; or
74.24    (3) the licensee does not comply with the requirements of subdivisions 1 to 7.

74.25    Sec. 10. Minnesota Statutes 2008, section 148D.062, subdivision 2, is amended to read:
74.26    Subd. 2. Practice requirements. The supervision required by subdivision 1 must
74.27be obtained during the first 2,000 hours of social work practice after the effective date of
74.28the provisional license. At least three hours of supervision must be obtained during every
74.29160 hours of practice under a provisional license until a permanent license is issued.

74.30    Sec. 11. Minnesota Statutes 2008, section 148D.063, subdivision 2, is amended to read:
75.1    Subd. 2. Evaluation. (a) When a supervisee licensee's supervisor submits an
75.2evaluation to the board according to section 148D.061, subdivision 6, the supervisee and
75.3supervisor must provide the following information on a form provided by the board:
75.4    (1) the name of the supervisee, the name of the agency in which the supervisee is
75.5being supervised, and the supervisee's position title;
75.6    (2) the name and qualifications of the supervisor;
75.7    (3) the number of hours and dates of each type of supervision completed;
75.8    (4) the supervisee's position description;
75.9    (5) a declaration that the supervisee has not engaged in conduct in violation of the
75.10standards of practice in sections 148D.195 to 148D.240;
75.11    (6) a declaration that the supervisee has practiced competently and ethically
75.12according to professional social work knowledge, skills, and values; and
75.13    (7) on a form provided by the board, an evaluation of the licensee's practice in
75.14the following areas:
75.15    (i) development of professional social work knowledge, skills, and values;
75.16    (ii) practice methods;
75.17    (iii) authorized scope of practice;
75.18    (iv) ensuring continuing competence;
75.19    (v) ethical standards of practice; and
75.20    (vi) clinical practice, if applicable.
75.21    (b) The information provided on the evaluation form must demonstrate supervisor
75.22must attest to the satisfaction of the board that the supervisee has met or has made progress
75.23on meeting the applicable supervised practice requirements.

75.24    Sec. 12. Minnesota Statutes 2008, section 148D.125, subdivision 1, is amended to read:
75.25    Subdivision 1. Supervision plan. (a) A social worker must submit, on a form
75.26provided by the board, a supervision plan for meeting the supervision requirements
75.27specified in sections 148D.100 to 148D.120.
75.28    (b) The supervision plan must be submitted no later than 90 60 days after the
75.29licensee begins a social work practice position after becoming licensed.
75.30    (c) For failure to submit the supervision plan within 90 60 days after beginning a
75.31social work practice position, a licensee must pay the supervision plan late fee specified in
75.32section 148D.180 when the licensee applies for license renewal.
75.33    (d) A license renewal application submitted pursuant to section 148D.070,
75.34subdivision 3 , must not be approved unless the board has received a supervision plan.
75.35    (e) The supervision plan must include the following:
76.1    (1) the name of the supervisee, the name of the agency in which the supervisee is
76.2being supervised, and the supervisee's position title;
76.3    (2) the name and qualifications of the person providing the supervision;
76.4    (3) the number of hours of one-on-one in-person supervision and the number and
76.5type of additional hours of supervision to be completed by the supervisee;
76.6    (4) the supervisee's position description;
76.7    (5) a brief description of the supervision the supervisee will receive in the following
76.8content areas:
76.9    (i) clinical practice, if applicable;
76.10    (ii) development of professional social work knowledge, skills, and values;
76.11    (iii) practice methods;
76.12    (iv) authorized scope of practice;
76.13    (v) ensuring continuing competence; and
76.14    (vi) ethical standards of practice; and
76.15    (6) if applicable, a detailed description of the supervisee's clinical social work
76.16practice, addressing:
76.17    (i) the client population, the range of presenting issues, and the diagnoses;
76.18    (ii) the clinical modalities that were utilized; and
76.19    (iii) the process utilized for determining clinical diagnoses, including the diagnostic
76.20instruments used and the role of the supervisee in the diagnostic process. An applicant for
76.21licensure as a licensed professional clinical counselor must present evidence of completion
76.22of a degree equivalent to that required in section 148B.5301, subdivision 1, clause (3).
76.23    (f) The board must receive a revised supervision plan within 90 60 days of any
76.24of the following changes:
76.25    (1) the supervisee has a new supervisor;
76.26    (2) the supervisee begins a new social work position;
76.27    (3) the scope or content of the supervisee's social work practice changes substantially;
76.28    (4) the number of practice or supervision hours changes substantially; or
76.29    (5) the type of supervision changes as supervision is described in section 148D.100,
76.30subdivision 3 , or 148D.105, subdivision 3, or as required in section 148D.115, subdivision
76.314 .
76.32    (g) For failure to submit a revised supervision plan as required in paragraph (f), a
76.33supervisee must pay the supervision plan late fee specified in section 148D.180, when
76.34the supervisee applies for license renewal.
76.35    (h) The board must approve the supervisor and the supervision plan.

76.36    Sec. 13. Minnesota Statutes 2008, section 148D.125, subdivision 3, is amended to read:
77.1    Subd. 3. Verification of supervised practice. (a) In addition to receiving the
77.2attestation required pursuant to subdivision 2, The board must receive verification of
77.3supervised practice if when:
77.4(1) the board audits the supervision of a supervisee licensee submits the license
77.5renewal application form pursuant to section 148D.070, subdivision 3; or
77.6(2) an applicant applies for a license as a licensed independent social worker or as a
77.7licensed independent clinical social worker.
77.8(b) When verification of supervised practice is required pursuant to paragraph (a),
77.9the board must receive from the supervisor the following information on a form provided
77.10by the board:
77.11(1) the name of the supervisee, the name of the agency in which the supervisee is
77.12being supervised, and the supervisee's position title;
77.13(2) the name and qualifications of the supervisor;
77.14(3) the number of hours and dates of each type of supervision completed;
77.15(4) the supervisee's position description;
77.16(5) a declaration that the supervisee has not engaged in conduct in violation of the
77.17standards of practice specified in sections 148D.195 to 148D.240;
77.18(6) a declaration that the supervisee has practiced ethically and competently in
77.19accordance with professional social work knowledge, skills, and values;
77.20(7) a list of the content areas in which the supervisee has received supervision,
77.21including the following:
77.22(i) clinical practice, if applicable;
77.23(ii) development of professional social work knowledge, skills, and values;
77.24(iii) practice methods;
77.25(iv) authorized scope of practice;
77.26(v) ensuring continuing competence; and
77.27(vi) ethical standards of practice; and
77.28(8) if applicable, a detailed description of the supervisee's clinical social work
77.29practice, addressing:
77.30(i) the client population, the range of presenting issues, and the diagnoses;
77.31(ii) the clinical modalities that were utilized; and
77.32(iii) the process utilized for determining clinical diagnoses, including the diagnostic
77.33instruments used and the role of the supervisee in the diagnostic process.
77.34(c) The information provided on the verification form must demonstrate to the board's
77.35satisfaction that the supervisee has met the applicable supervised practice requirements.

77.36    Sec. 14. REPEALER.
78.1Minnesota Statutes 2008, sections 148D.062, subdivision 5; 148D.125, subdivision
78.22; and 148D.180, subdivision 8, are repealed.

78.3    Sec. 15. EFFECTIVE DATE.
78.4This article is effective the day following final enactment.


78.7    Section 1. Minnesota Statutes 2008, section 148E.010, is amended by adding a
78.8subdivision to read:
78.9    Subd. 5a. Client system. "Client system" means the client and those in the client's
78.10environment who are potentially influential in contributing to a resolution of the client's
78.11issues.

78.12    Sec. 2. Minnesota Statutes 2008, section 148E.010, is amended by adding a subdivision
78.13to read:
78.14    Subd. 7a. Direct clinical client contact. "Direct clinical client contact" means
78.15in-person or electronic media interaction with a client, including client systems and
78.16service providers, related to the client's mental and emotional functioning, differential
78.17diagnosis, and treatment, in subdivision 6.

78.18    Sec. 3. Minnesota Statutes 2008, section 148E.010, subdivision 11, is amended to read:
78.19    Subd. 11. Practice of social work. (a) "Practice of social work" means working
78.20to maintain, restore, or improve behavioral, cognitive, emotional, mental, or social
78.21functioning of clients, in a manner that applies accepted professional social work
78.22knowledge, skills, and values, including the person-in-environment perspective, by
78.23providing in person or through telephone, video conferencing, or electronic means one or
78.24more of the social work services described in paragraph (b), clauses (1) to (3). Social work
78.25services may address conditions that impair or limit behavioral, cognitive, emotional,
78.26mental, or social functioning. Such conditions include, but are not limited to, the
78.27following: abuse and neglect of children or vulnerable adults, addictions, developmental
78.28disorders, disabilities, discrimination, illness, injuries, poverty, and trauma. Practice
78.29of social work also means providing social work services in a position for which the
78.30educational basis is the individual's degree in social work described in subdivision 13.
78.31(b) Social work services include:
78.32    (1) providing assessment and intervention through direct contact with clients,
78.33developing a plan based on information from an assessment, and providing services which
79.1include, but are not limited to, assessment, case management, client-centered advocacy,
79.2client education, consultation, counseling, crisis intervention, and referral;
79.3    (2) providing for the direct or indirect benefit of clients through administrative,
79.4educational, policy, or research services including, but not limited to:
79.5    (i) advocating for policies, programs, or services to improve the well-being of clients;
79.6    (ii) conducting research related to social work services;
79.7    (iii) developing and administering programs which provide social work services;
79.8    (iv) engaging in community organization to address social problems through
79.9planned collective action;
79.10    (v) supervising individuals who provide social work services to clients;
79.11    (vi) supervising social workers in order to comply with the supervised practice
79.12requirements specified in sections 148E.100 to 148E.125; and
79.13    (vii) teaching professional social work knowledge, skills, and values to students; and
79.14    (3) engaging in clinical practice.

79.15    Sec. 4. Minnesota Statutes 2008, section 148E.010, subdivision 17, is amended to read:
79.16    Subd. 17. Supervisee. "Supervisee" means an individual provided evaluation and
79.17supervision or direction by a social worker an individual who meets the requirements
79.18under section 148E.120.

79.19    Sec. 5. Minnesota Statutes 2008, section 148E.010, is amended by adding a subdivision
79.20to read:
79.21    Subd. 19. Supervisor. "Supervisor" means an individual who provides evaluation
79.22and direction through supervision as described in subdivision 18 in order to comply with
79.23sections 148E.100 to 148E.125.

79.24    Sec. 6. Minnesota Statutes 2008, section 148E.025, subdivision 2, is amended to read:
79.25    Subd. 2. Qualifications of board members. (a) All social worker members must
79.26have engaged in the practice of social work in Minnesota for at least one year during
79.27the ten years preceding their appointments.
79.28    (b) Five social worker members must be licensed social workers under section
79.29148E.055, subdivision 2. The other five members must be include a licensed graduate
79.30social worker, a licensed independent social worker, or a and at least two licensed
79.31independent clinical social worker workers.
79.32    (c) Eight social worker members must be engaged at the time of their appointment in
79.33the practice of social work in Minnesota in the following settings:
79.34    (1) one member must be engaged in the practice of social work in a county agency;
80.1    (2) one member must be engaged in the practice of social work in a state agency;
80.2    (3) one member must be engaged in the practice of social work in an elementary,
80.3middle, or secondary school;
80.4    (4) one member must be employed in a hospital or nursing home licensed under
80.5chapter 144 or 144A;
80.6    (5) two members one member must be engaged in the practice of social work in a
80.7private agency;
80.8    (6) one member two members must be engaged in the practice of social work in a
80.9clinical social work setting; and
80.10    (7) one member must be an educator engaged in regular teaching duties at a
80.11program of social work accredited by the Council on Social Work Education or a similar
80.12accreditation body designated by the board.
80.13    (d) At the time of their appointments, at least six members must reside outside
80.14of the seven 11-county metropolitan area.
80.15    (e) At the time of their appointments, at least five members must be persons with
80.16expertise in communities of color.

80.17    Sec. 7. Minnesota Statutes 2008, section 148E.025, subdivision 3, is amended to read:
80.18    Subd. 3. Officers. The board must annually biennially elect from its membership a
80.19chair, vice-chair, and secretary-treasurer.

80.20    Sec. 8. Minnesota Statutes 2008, section 148E.055, subdivision 5, is amended to read:
80.21    Subd. 5. Licensure by examination; licensed independent clinical social worker.
80.22    (a) To be licensed as a licensed independent clinical social worker, an applicant for
80.23licensure by examination must provide evidence satisfactory to the board that the applicant:
80.24    (1) has received a graduate degree in social work from a program accredited by
80.25the Council on Social Work Education, the Canadian Association of Schools of Social
80.26Work, or a similar accreditation body designated by the board, or a doctorate in social
80.27work from an accredited university;
80.28    (2) has completed 360 clock hours (one semester credit hour = 15 clock hours) in
80.29the following clinical knowledge areas:
80.30    (i) 108 clock hours (30 percent) in differential diagnosis and biopsychosocial
80.31assessment, including normative development and psychopathology across the life span;
80.32    (ii) 36 clock hours (ten percent) in assessment-based clinical treatment planning with
80.33measurable goals;
80.34    (iii) 108 clock hours (30 percent) in clinical intervention methods informed by
80.35research and current standards of practice;
81.1    (iv) 18 clock hours (five percent) in evaluation methodologies;
81.2    (v) 72 clock hours (20 percent) in social work values and ethics, including cultural
81.3context, diversity, and social policy; and
81.4    (vi) 18 clock hours (five percent) in culturally specific clinical assessment and
81.5intervention;
81.6    (3) has practiced clinical social work as defined in section 148E.010, including both
81.7diagnosis and treatment, and has met the supervised practice requirements specified in
81.8sections 148E.100 to 148E.125;
81.9    (4) has passed the clinical or equivalent examination administered by the Association
81.10of Social Work Boards or a similar examination body designated by the board. Unless an
81.11applicant applies for licensure by endorsement according to subdivision 7, an examination
81.12is not valid if it was taken and passed eight or more years prior to submitting a completed,
81.13signed application form provided by the board;
81.14    (5) has submitted a completed, signed application form provided by the board,
81.15including the applicable application fee specified in section 148E.180. For applications
81.16submitted electronically, a "signed application" means providing an attestation as specified
81.17by the board;
81.18    (6) has submitted the criminal background check fee and a form provided by the
81.19board authorizing a criminal background check according to subdivision 8;
81.20    (7) has paid the license fee specified in section 148E.180; and
81.21    (8) has not engaged in conduct that was or would be in violation of the standards
81.22of practice specified in sections 148E.195 to 148E.240. If the applicant has engaged in
81.23conduct that was or would be in violation of the standards of practice, the board may take
81.24action according to sections 148E.255 to 148E.270.
81.25    (b) The requirement in paragraph (a), clause (2), may be satisfied through: (1)
81.26a graduate degree program accredited by the Council on Social Work Education, the
81.27Canadian Association of Schools of Social Work, or a similar accreditation body
81.28designated by the board; or a doctorate in social work from an accredited university; (2)
81.29postgraduate graduate coursework from an accredited institution of higher learning; or
81.30(3) up to 90 continuing education hours, not to exceed 20 hours of independent study
81.31as specified in section 148E.130, subdivision 5. The continuing education must have a
81.32course description available for public review and must include a posttest. Compliance
81.33with this requirement must be documented on a form provided by the board. The board
81.34may conduct audits of the information submitted in order to determine compliance with
81.35the requirements of this section.
82.1    (c) An application which is not completed and signed, or which is not accompanied
82.2by the correct fee, must be returned to the applicant, along with any fee submitted, and is
82.3void.
82.4    (d) By submitting an application for licensure, an applicant authorizes the board to
82.5investigate any information provided or requested in the application. The board may
82.6request that the applicant provide additional information, verification, or documentation.
82.7    (e) Within one year of the time the board receives an application for licensure, the
82.8applicant must meet all the requirements specified in paragraph (a) and must provide all of
82.9the information requested by the board according to paragraph (d). If within one year the
82.10applicant does not meet all the requirements, or does not provide all of the information
82.11requested, the applicant is considered ineligible and the application for licensure must
82.12be closed.
82.13    (f) Except as provided in paragraph (g), an applicant may not take more than three
82.14times the clinical or equivalent examination administered by the Association of Social
82.15Work Boards or a similar examination body designated by the board. An applicant must
82.16receive a passing score on the clinical or equivalent examination administered by the
82.17Association of Social Work Boards or a similar examination body designated by the board
82.18no later than 18 months after the first time the applicant failed the examination.
82.19    (g) Notwithstanding paragraph (f), the board may allow an applicant to take, for a
82.20fourth or subsequent time, the clinical or equivalent examination administered by the
82.21Association of Social Work Boards or a similar examination body designated by the
82.22board if the applicant:
82.23    (1) meets all requirements specified in paragraphs (a) to (e) other than passing the
82.24clinical or equivalent examination administered by the Association of Social Work Boards
82.25or a similar examination body designated by the board;
82.26    (2) provides to the board a description of the efforts the applicant has made to
82.27improve the applicant's score and demonstrates to the board's satisfaction that the efforts
82.28are likely to improve the score; and
82.29    (3) provides to the board letters of recommendation from two licensed social
82.30workers attesting to the applicant's ability to practice social work competently and
82.31ethically according to professional social work knowledge, skills, and values.
82.32    (h) An individual must not practice social work until the individual passes the
82.33examination and receives a social work license under this section or section 148E.060. If
82.34the board has reason to believe that an applicant may be practicing social work without a
82.35license, and the applicant has failed the clinical or equivalent examination administered
82.36by the Association of Social Work Boards or a similar examination body designated by
83.1the board, the board may notify the applicant's employer that the applicant is not licensed
83.2as a social worker.

83.3    Sec. 9. Minnesota Statutes 2008, section 148E.100, is amended by adding a subdivision
83.4to read:
83.5    Subd. 2a. Supervised practice obtained prior to August 1, 2011. (a)
83.6Notwithstanding the requirements in subdivisions 1 and 2, the board shall approve hours
83.7of supervised practice completed prior to August 1, 2011, which comply with sections
83.8148D.100 to 148D.125. These hours must apply to supervised practice requirements in
83.9effect as specified in this section.
83.10(b) Any additional hours of supervised practice obtained effective August 1, 2011,
83.11must comply with the increased requirements specified in this section.

83.12    Sec. 10. Minnesota Statutes 2008, section 148E.100, subdivision 3, is amended to read:
83.13    Subd. 3. Types of supervision. Of the 100 hours of supervision required under
83.14subdivision 1:
83.15    (1) 50 hours must be provided through one-on-one supervision, including: (i)
83.16a minimum of 25 hours of in-person supervision, and (ii) no more than 25 hours of
83.17supervision via eye-to-eye electronic media, while maintaining visual contact; and
83.18    (2) 50 hours must be provided through: (i) one-on-one supervision, or (ii) group
83.19supervision. The supervision may be in person, by telephone, or via eye-to-eye electronic
83.20media, while maintaining visual contact. The supervision must not be provided by e-mail.
83.21Group supervision is limited to six members not counting the supervisor or supervisors
83.22supervisees.

83.23    Sec. 11. Minnesota Statutes 2008, section 148E.100, subdivision 4, is amended to read:
83.24    Subd. 4. Supervisor requirements. The supervision required by subdivision 1 must
83.25be provided by a supervisor who meets the requirements specified in section 148E.120.
83.26The supervision must be provided by a:
83.27    (1) is a licensed social worker who has completed the supervised practice
83.28requirements;
83.29    (2) is a licensed graduate social worker, licensed independent social worker, or
83.30licensed independent clinical social worker; or
83.31    (3) supervisor who meets the requirements specified in section 148E.120,
83.32subdivision 2 .

83.33    Sec. 12. Minnesota Statutes 2008, section 148E.100, subdivision 5, is amended to read:
84.1    Subd. 5. Supervisee requirements. The supervisee must:
84.2    (1) to the satisfaction of the supervisor, practice competently and ethically according
84.3to professional social work knowledge, skills, and values;
84.4    (2) receive supervision in the following content areas:
84.5    (i) development of professional values and responsibilities;
84.6    (ii) practice skills;
84.7    (iii) authorized scope of practice;
84.8    (iv) ensuring continuing competence; and
84.9    (v) ethical standards of practice;
84.10    (3) submit a supervision plan according to section 148E.125, subdivision 1; and
84.11    (4) if the board audits the supervisee's supervised practice, submit verification of
84.12supervised practice according to section 148E.125, subdivision 3, when a licensed social
84.13worker applies for the renewal of a license.

84.14    Sec. 13. Minnesota Statutes 2008, section 148E.100, subdivision 6, is amended to read:
84.15    Subd. 6. After completion of supervision requirements. A licensed social worker
84.16who fulfills the supervision requirements specified in subdivisions 1 to 5 this section is not
84.17required to be supervised after completion of the supervision requirements.

84.18    Sec. 14. Minnesota Statutes 2008, section 148E.100, subdivision 7, is amended to read:
84.19    Subd. 7. Attestation Verification of supervised practice. The social worker and
84.20the social worker's supervisor must attest submit verification that the supervisee has met
84.21or has made progress on meeting the applicable supervision requirements according to
84.22section 148E.125, subdivision 2 3.

84.23    Sec. 15. Minnesota Statutes 2008, section 148E.105, subdivision 1, is amended to read:
84.24    Subdivision 1. Supervision required after licensure. After receiving a license
84.25from the board as a licensed graduate social worker, a licensed graduate social worker
84.26not engaged in clinical practice must obtain at least 100 hours of supervision according to
84.27the requirements of this section.

84.28    Sec. 16. Minnesota Statutes 2008, section 148E.105, is amended by adding a
84.29subdivision to read:
84.30    Subd. 2a. Supervised practice obtained prior to August 1, 2011. (a)
84.31Notwithstanding the requirements in subdivisions 1 and 2, the board shall approve hours
84.32of supervised practice completed prior to August 1, 2011, which comply with sections
85.1148D.100 to 148D.125. These hours shall apply to supervised practice requirements in
85.2effect as specified in this section.
85.3(b) Any additional hours of supervised practice obtained effective August 1, 2011,
85.4must comply with the increased requirements specified in this section.

85.5    Sec. 17. Minnesota Statutes 2008, section 148E.105, subdivision 3, is amended to read:
85.6    Subd. 3. Types of supervision. Of the 100 hours of supervision required under
85.7subdivision 1:
85.8    (1) 50 hours must be provided though one-on-one supervision, including: (i)
85.9a minimum of 25 hours of in-person supervision, and (ii) no more than 25 hours of
85.10supervision via eye-to-eye electronic media, while maintaining visual contact; and
85.11    (2) 50 hours must be provided through: (i) one-on-one supervision, or (ii) group
85.12supervision. The supervision may be in person, by telephone, or via eye-to-eye electronic
85.13media, while maintaining visual contact. The supervision must not be provided by e-mail.
85.14Group supervision is limited to six supervisees.

85.15    Sec. 18. Minnesota Statutes 2008, section 148E.105, subdivision 5, is amended to read:
85.16    Subd. 5. Supervisee requirements. The supervisee must:
85.17    (1) to the satisfaction of the supervisor, practice competently and ethically according
85.18to professional social work knowledge, skills, and values;
85.19    (2) receive supervision in the following content areas:
85.20    (i) development of professional values and responsibilities;
85.21    (ii) practice skills;
85.22    (iii) authorized scope of practice;
85.23    (iv) ensuring continuing competence; and
85.24    (v) ethical standards of practice;
85.25    (3) submit a supervision plan according to section 148E.125, subdivision 1; and
85.26    (4) verify supervised practice according to section 148E.125, subdivision 3, if when:
85.27    (i) the board audits the supervisee's supervised practice a licensed graduate social
85.28worker applies for the renewal of a license; or
85.29    (ii) a licensed graduate social worker applies for a licensed independent social
85.30worker license.

85.31    Sec. 19. Minnesota Statutes 2008, section 148E.105, subdivision 7, is amended to read:
85.32    Subd. 7. Attestation Verification of supervised practice. A social worker and the
85.33social worker's supervisor must attest submit verification that the supervisee has met
86.1or has made progress on meeting the applicable supervision requirements according to
86.2section 148E.125, subdivision 2 3.

86.3    Sec. 20. Minnesota Statutes 2008, section 148E.106, subdivision 1, is amended to read:
86.4    Subdivision 1. Supervision required after licensure. After receiving a license
86.5from the board as a licensed graduate social worker, a licensed graduate social worker
86.6engaged in clinical practice must obtain at least 200 hours of supervision according to
86.7the requirements of this section.:
86.8(1) a minimum of four hours and a maximum of eight hours of supervision must be
86.9obtained during every 160 hours of practice until the licensed graduate social worker is
86.10issued a licensed independent clinical social worker license;
86.11(2) a minimum of 200 hours of supervision must be completed, in addition to all
86.12other requirements according to sections 148E.115 to 148E.125, to be eligible to apply for
86.13the licensed independent clinical social worker license; and
86.14(3) the supervisee and supervisor are required to adjust the rate of supervision
86.15obtained, based on the ratio of four hours of supervision during every 160 hours of
86.16practice, to ensure compliance with the requirements in subdivision 2.

86.17    Sec. 21. Minnesota Statutes 2008, section 148E.106, subdivision 2, is amended to read:
86.18    Subd. 2. Practice requirements. The supervision required by subdivision 1 must
86.19be obtained during the first 4,000 hours of postgraduate social work practice authorized by
86.20law. At least:
86.21(1) in no less than 4,000 hours and no more than 8,000 hours of postgraduate,
86.22clinical social work practice authorized by law, including at least 1,800 hours of direct
86.23clinical client contact; and
86.24(2) a minimum of four hours and a maximum of eight hours of supervision must be
86.25obtained during every 160 hours of practice.

86.26    Sec. 22. Minnesota Statutes 2008, section 148E.106, is amended by adding a
86.27subdivision to read:
86.28    Subd. 2a. Supervised practice obtained prior to August 1, 2011. (a)
86.29Notwithstanding the requirements in subdivisions 1 and 2, the board shall approve hours
86.30of supervised practice completed prior to August 1, 2011, which comply with sections
86.31148D.100 to 148D.125. These hours shall apply to supervised practice requirements in
86.32effect as specified in this section.
86.33(b) Any additional hours of supervised practice obtained effective August 1, 2011,
86.34must comply with the increased requirements specified in this section.
87.1(c) Notwithstanding the requirements in subdivision 2, clause (1), direct clinical
87.2client contact hours are (i) not required prior to August 1, 2011, and (ii) not required of
87.3a licensed graduate social worker engaged in clinical practice with a licensed graduate
87.4social worker license issue date prior to August 1, 2011.

87.5    Sec. 23. Minnesota Statutes 2008, section 148E.106, subdivision 3, is amended to read:
87.6    Subd. 3. Types of supervision. Of the 200 hours of supervision required under
87.7subdivision 1:
87.8    (1) 100 hours must be provided through one-on-one supervision, including: (i)
87.9a minimum of 50 hours of in-person supervision, and (ii) no more than 50 hours of
87.10supervision via eye-to-eye electronic media, while maintaining visual contact; and
87.11    (2) 100 hours must be provided through: (i) one-on-one supervision, or (ii) group
87.12supervision. The supervision may be in person, by telephone, or via eye-to-eye electronic
87.13media, while maintaining visual contact. The supervision must not be provided by e-mail.
87.14Group supervision is limited to six supervisees.

87.15    Sec. 24. Minnesota Statutes 2008, section 148E.106, subdivision 4, is amended to read:
87.16    Subd. 4. Supervisor requirements. The supervision required by subdivision 1 must
87.17be provided by a supervisor who meets the requirements specified in section 148E.120.
87.18The supervision must be provided by a:
87.19    (1) by a licensed independent clinical social worker; or
87.20    (2) by a supervisor who meets the requirements specified in section 148E.120,
87.21subdivision 2.

87.22    Sec. 25. Minnesota Statutes 2008, section 148E.106, subdivision 5, is amended to read:
87.23    Subd. 5. Supervisee requirements. The supervisee must:
87.24    (1) to the satisfaction of the supervisor, practice competently and ethically according
87.25to professional social work knowledge, skills, and values;
87.26    (2) receive supervision in the following content areas:
87.27    (i) development of professional values and responsibilities;
87.28    (ii) practice skills;
87.29    (iii) authorized scope of practice;
87.30    (iv) ensuring continuing competence; and
87.31    (v) ethical standards of practice;
87.32    (3) submit a supervision plan according to section 148E.125, subdivision 1; and
87.33    (4) verify supervised practice according to section 148E.125, subdivision 3, if when:
88.1    (i) the board audits the supervisee's supervised practice a licensed graduate social
88.2worker applies for the renewal of a license; or
88.3    (ii) a licensed graduate social worker applies for a licensed independent clinical
88.4social worker license.

88.5    Sec. 26. Minnesota Statutes 2008, section 148E.106, subdivision 8, is amended to read:
88.6    Subd. 8. Eligibility to apply for licensure as a licensed independent clinical
88.7social worker. Upon completion of not less than 4,000 hours and not more than 8,000
88.8hours of clinical social work practice, including at least 1,800 hours of direct clinical
88.9client contact and 200 hours of supervision according to the requirements of this section,
88.10a licensed graduate social worker is eligible to apply for a licensed independent clinical
88.11social worker license under section 148E.115, subdivision 1.

88.12    Sec. 27. Minnesota Statutes 2008, section 148E.106, subdivision 9, is amended to read:
88.13    Subd. 9. Attestation Verification of supervised practice. A social worker and the
88.14social worker's supervisor must attest submit verification that the supervisee has met
88.15or has made progress on meeting the applicable supervision requirements according to
88.16section 148E.125, subdivision 2 3.

88.17    Sec. 28. Minnesota Statutes 2008, section 148E.110, subdivision 1, is amended to read:
88.18    Subdivision 1. Supervision required before licensure. Before becoming licensed
88.19as a licensed independent social worker, a person must have obtained at least 100 hours
88.20of supervision during 4,000 hours of postgraduate social work practice required by law
88.21according to the requirements of section 148E.105, subdivisions 3, 4, and 5. At least four
88.22hours of supervision must be obtained during every 160 hours of practice.

88.23    Sec. 29. Minnesota Statutes 2008, section 148E.110, is amended by adding a
88.24subdivision to read:
88.25    Subd. 1a. Supervised practice obtained prior to August 1, 2011. (a)
88.26Notwithstanding subdivision 1, the board shall approve supervised practice hours
88.27completed prior to August 1, 2011, which comply with sections 148D.100 to 148D.125.
88.28These hours must apply to supervised practice requirements in effect as specified in this
88.29section.
88.30(b) Any additional hours of supervised practice obtained on or after August 1, 2011,
88.31must comply with the increased requirements in this section.

88.32    Sec. 30. Minnesota Statutes 2008, section 148E.110, subdivision 2, is amended to read:
89.1    Subd. 2. Licensed independent social workers; clinical social work after
89.2licensure. After licensure, a licensed independent social worker must not engage in
89.3clinical social work practice except under supervision by a licensed independent clinical
89.4social worker who meets the requirements in section 148E.120, subdivision 1, or an
89.5alternate supervisor designated according to section 148E.120, subdivision 2.

89.6    Sec. 31. Minnesota Statutes 2008, section 148E.110, is amended by adding a
89.7subdivision to read:
89.8    Subd. 5. Supervision; licensed independent social worker engaged in clinical
89.9social work practice. (a) After receiving a license from the board as a licensed
89.10independent social worker, a licensed independent social worker engaged in clinical social
89.11work practice must obtain at least 200 hours of supervision according to the requirements
89.12of this section.
89.13(b) A minimum of four hours and a maximum of eight hours of supervision must be
89.14obtained during every 160 hours of practice until the licensed independent social worker is
89.15issued a licensed independent clinical social worker license.
89.16(c) A minimum of 200 hours of supervision must be completed, in addition to all
89.17other requirements according to sections 148E.115 to 148E.125, to be eligible to apply
89.18for the licensed independent clinical social worker license.
89.19(d) The supervisee and supervisor are required to adjust the rate of supervision
89.20obtained based on the ratio of four hours of supervision during every 160 hours of practice
89.21to ensure compliance with the requirements in subdivision 1a.

89.22    Sec. 32. Minnesota Statutes 2008, section 148E.110, is amended by adding a
89.23subdivision to read:
89.24    Subd. 6. Practice requirements after licensure as licensed independent social
89.25worker; clinical social work practice. (a) The supervision required by subdivision 5
89.26must be obtained:
89.27(1) in no less than 4,000 hours and no more than 8,000 hours of postgraduate clinical
89.28social work practice authorized by law, including at least 1,800 hours of direct clinical
89.29client contact; and
89.30(2) a minimum of four hours and a maximum of eight hours of supervision must be
89.31obtained during every 160 hours of practice.
89.32(b) Notwithstanding paragraph (a), clause (1), direct clinical client contact hours are
89.33(i) not required prior to August 1, 2011, and (ii) not required of a licensed independent
89.34social worker engaged in clinical practice with a licensed independent social worker
89.35license issue date prior to August 1, 2011.

90.1    Sec. 33. Minnesota Statutes 2008, section 148E.110, is amended by adding a
90.2subdivision to read:
90.3    Subd. 7. Supervision; clinical social work practice after licensure as licensed
90.4independent social worker. Of the 200 hours of supervision required under subdivision 5:
90.5(1) 100 hours must be provided through one-on-one supervision, including:
90.6(i) a minimum of 50 hours of in-person supervision; and
90.7(ii) no more than 50 hours of supervision via eye-to-eye electronic media, while
90.8maintaining visual contact; and
90.9(2) 100 hours must be provided through:
90.10(i) one-on-one supervision; or
90.11(ii) group supervision.
90.12The supervision may be in person, by telephone, or via eye-to-eye electronic media, while
90.13maintaining visual contact. The supervision must not be provided by e-mail. Group
90.14supervision is limited to six supervisees.

90.15    Sec. 34. Minnesota Statutes 2008, section 148E.110, is amended by adding a
90.16subdivision to read:
90.17    Subd. 8. Supervision; clinical social work practice after licensure. The
90.18supervision required by subdivision 5 must be provided by a supervisor who meets the
90.19requirements specified in section 148E.120. The supervision must be provided by a:
90.20(1) licensed independent clinical social worker; or
90.21(2) supervisor who meets the requirements specified in section 148E.120,
90.22subdivision 2.

90.23    Sec. 35. Minnesota Statutes 2008, section 148E.110, is amended by adding a
90.24subdivision to read:
90.25    Subd. 9. Supervisee requirements; clinical social work practice after licensure.
90.26The supervisee must:
90.27(1) to the satisfaction of the supervisor, practice competently and ethically according
90.28to professional social work knowledge, skills, and values;
90.29(2) receive supervision in the following content areas:
90.30(i) development of professional values and responsibilities;
90.31(ii) practice skills;
90.32(iii) authorized scope of practice;
90.33(iv) ensuring continuing competence; and
90.34(v) ethical standards of practice;
90.35(3) submit a supervision plan according to section 148E.125, subdivision 1; and
91.1(4) verify supervised practice according to section 148E.125, subdivision 3, when:
91.2(i) a licensed independent social worker applies for the renewal of a license; or
91.3(ii) a licensed independent social worker applies for a licensed independent clinical
91.4social worker license.

91.5    Sec. 36. Minnesota Statutes 2008, section 148E.110, is amended by adding a
91.6subdivision to read:
91.7    Subd. 10. Limit on practice of clinical social work. (a) Except as provided in
91.8paragraph (b), a licensed independent social worker must not engage in clinical social
91.9work practice under supervision for more than 8,000 hours. In order to practice clinical
91.10social work for more than 8,000 hours, a licensed independent social worker must obtain a
91.11licensed independent clinical social worker license.
91.12(b) Notwithstanding the requirements of paragraph (a), the board may grant a
91.13licensed independent social worker permission to engage in clinical social work practice
91.14for more than 8,000 hours if the licensed independent social worker petitions the board
91.15and demonstrates to the board's satisfaction that for reasons of personal hardship the
91.16licensed independent social worker should be granted an extension to continue practicing
91.17clinical social work under supervision for up to an additional 2,000 hours.

91.18    Sec. 37. Minnesota Statutes 2008, section 148E.110, is amended by adding a
91.19subdivision to read:
91.20    Subd. 11. Eligibility for licensure; licensed independent clinical social worker.
91.21Upon completion of not less than 4,000 hours and not more than 8,000 hours of clinical
91.22social work practice, including at least 1,800 hours of direct clinical client contact and 200
91.23hours of supervision according to the requirements of this section, a licensed independent
91.24social worker is eligible to apply for a licensed independent clinical social worker license
91.25under section 148E.115, subdivision 1.

91.26    Sec. 38. Minnesota Statutes 2008, section 148E.110, is amended by adding a
91.27subdivision to read:
91.28    Subd. 12. Verification of supervised practice. A social worker and the social
91.29worker's supervisor must submit verification that the supervisee has met or has made
91.30progress on meeting the applicable supervision requirements according to section
91.31148E.125, subdivision 3.

91.32    Sec. 39. Minnesota Statutes 2008, section 148E.115, subdivision 1, is amended to read:
92.1    Subdivision 1. Supervision required before licensure; licensed independent
92.2clinical social worker. Before becoming licensed as a licensed independent clinical social
92.3worker, a person must have obtained at least 200 hours of supervision during at the rate
92.4of a minimum of four and a maximum of eight hours of supervision for every 160 hours
92.5of practice, in not less than 4,000 hours and not more than 8,000 hours of postgraduate
92.6clinical practice required by law, including at least 1,800 hours of direct clinical client
92.7contact, according to the requirements of section 148E.106.

92.8    Sec. 40. Minnesota Statutes 2008, section 148E.115, is amended by adding a
92.9subdivision to read:
92.10    Subd. 1a. Supervised practice obtained prior to August 1, 2011. (a)
92.11Notwithstanding subdivisions 1 and 2, applicants and licensees who have completed hours
92.12of supervised practice prior to August 1, 2011, which comply with sections 148D.100 to
92.13148D.125, may have that supervised practice applied to the licensing requirement.
92.14(b) Any additional hours of supervised practice obtained on or after August 1, 2011,
92.15must comply with the increased requirements in this section.
92.16(c) Notwithstanding subdivision 1, in order to qualify for the licensed independent
92.17clinical social work license, direct clinical client contact hours are:
92.18(1) not required prior to August 1, 2011; and
92.19(2) not required of either a licensed graduate social worker or a licensed independent
92.20social worker engaged in clinical practice with a license issued prior to August 1, 2011.

92.21    Sec. 41. Minnesota Statutes 2008, section 148E.120, is amended to read:
92.22148E.120 REQUIREMENTS OF SUPERVISORS.
92.23    Subdivision 1. Supervisors licensed as social workers. (a) Except as provided
92.24in paragraph (b) (d), to be eligible to provide supervision under this section, a social
92.25worker must:
92.26    (1) have at least 2,000 hours of experience in authorized social work practice. If
92.27the person is providing clinical supervision, the 2,000 hours must include 1,000 hours of
92.28experience in clinical practice;
92.29    (2) have completed 30 hours of training in supervision through coursework from
92.30an accredited college or university, or through continuing education in compliance with
92.31sections 148E.130 to 148E.170;
92.32    (3) (2) be competent in the activities being supervised; and
92.33    (4) (3) attest, on a form provided by the board, that the social worker has met the
92.34applicable requirements specified in this section and sections 148E.100 to 148E.115. The
93.1board may audit the information provided to determine compliance with the requirements
93.2of this section.
93.3(b) A licensed independent clinical social worker providing clinical licensing
93.4supervision to a licensed graduate social worker or a licensed independent social worker
93.5must have at least 2,000 hours of experience in authorized social work practice, including
93.61,000 hours of experience in clinical practice after obtaining a licensed independent
93.7clinical social worker license.
93.8(c) A licensed social worker, licensed graduate social worker, licensed independent
93.9social worker, or licensed independent clinical social worker providing nonclinical
93.10licensing supervision must have completed the supervised practice requirements specified
93.11in section 148E.100, 148E.105, 148E.106, 148E.110, or 148E.115, as applicable.
93.12    (b) (d) If the board determines that supervision is not obtainable from an individual
93.13meeting the requirements specified in paragraph (a), the board may approve an alternate
93.14supervisor according to subdivision 2.
93.15    Subd. 2. Alternate supervisors. (a) The board may approve an alternate supervisor
93.16if:
93.17    (1) the board determines that supervision is not obtainable according to paragraph
93.18(b);
93.19    (2) the licensee requests in the supervision plan submitted according to section
93.20148E.125, subdivision 1 , that an alternate supervisor conduct the supervision;
93.21    (3) the licensee describes the proposed supervision and the name and qualifications
93.22of the proposed alternate supervisor; and
93.23    (4) the requirements of paragraph (d) are met.
93.24    (b) The board may determine that supervision is not obtainable if:
93.25    (1) the licensee provides documentation as an attachment to the supervision plan
93.26submitted according to section 148E.125, subdivision 1, that the licensee has conducted a
93.27thorough search for a supervisor meeting the applicable licensure requirements specified
93.28in sections 148E.100 to 148E.115;
93.29    (2) the licensee demonstrates to the board's satisfaction that the search was
93.30unsuccessful; and
93.31    (3) the licensee describes the extent of the search and the names and locations of
93.32the persons and organizations contacted.
93.33    (c) The requirements specified in paragraph (b) do not apply to obtaining licensing
93.34supervision for clinical social work practice if the board determines that there are five or
93.35fewer licensed independent clinical social workers supervisors meeting the applicable
94.1licensure requirements in sections 148E.100 to 148E.115 in the county where the licensee
94.2practices social work.
94.3    (d) An alternate supervisor must:
94.4    (1) be an unlicensed social worker who is employed in, and provides the supervision
94.5in, a setting exempt from licensure by section 148E.065, and who has qualifications
94.6equivalent to the applicable requirements specified in sections 148E.100 to 148E.115;
94.7    (2) be a social worker engaged in authorized practice in Iowa, Manitoba, North
94.8Dakota, Ontario, South Dakota, or Wisconsin, and has the qualifications equivalent to the
94.9applicable requirements specified in sections 148E.100 to 148E.115; or
94.10    (3) be a licensed marriage and family therapist or a mental health professional
94.11as established by section 245.462, subdivision 18, or 245.4871, subdivision 27, or an
94.12equivalent mental health professional, as determined by the board, who is licensed or
94.13credentialed by a state, territorial, provincial, or foreign licensing agency.
94.14    (e) In order to qualify to provide clinical supervision of a licensed graduate social
94.15worker or licensed independent social worker engaged in clinical practice, the alternate
94.16supervisor must be a mental health professional as established by section 245.462,
94.17subdivision 18 , or 245.4871, subdivision 27, or an equivalent mental health professional,
94.18as determined by the board, who is licensed or credentialed by a state, territorial,
94.19provincial, or foreign licensing agency.

94.20    Sec. 42. Minnesota Statutes 2008, section 148E.125, subdivision 1, is amended to read:
94.21    Subdivision 1. Supervision plan. (a) A social worker must submit, on a form
94.22provided by the board, a supervision plan for meeting the supervision requirements
94.23specified in sections 148E.100 to 148E.120.
94.24    (b) The supervision plan must be submitted no later than 90 60 days after the
94.25licensee begins a social work practice position after becoming licensed.
94.26    (c) For failure to submit the supervision plan within 90 60 days after beginning a
94.27social work practice position, a licensee must pay the supervision plan late fee specified in
94.28section 148E.180 when the licensee applies for license renewal.
94.29    (d) A license renewal application submitted according to paragraph (a) must not be
94.30approved unless the board has received a supervision plan.
94.31    (e) The supervision plan must include the following:
94.32    (1) the name of the supervisee, the name of the agency in which the supervisee is
94.33being supervised, and the supervisee's position title;
94.34    (2) the name and qualifications of the person providing the supervision;
95.1    (3) the number of hours of one-on-one in-person supervision and the number and
95.2type of additional hours of supervision to be completed by the supervisee;
95.3    (4) the supervisee's position description;
95.4    (5) a brief description of the supervision the supervisee will receive in the following
95.5content areas:
95.6    (i) clinical practice, if applicable;
95.7    (ii) development of professional social work knowledge, skills, and values;
95.8    (iii) practice methods;
95.9    (iv) authorized scope of practice;
95.10    (v) ensuring continuing competence; and
95.11    (vi) ethical standards of practice; and
95.12    (6) if applicable, a detailed description of the supervisee's clinical social work
95.13practice, addressing:
95.14    (i) the client population, the range of presenting issues, and the diagnoses;
95.15    (ii) the clinical modalities that were utilized; and
95.16    (iii) the process utilized for determining clinical diagnoses, including the diagnostic
95.17instruments used and the role of the supervisee in the diagnostic process.
95.18    (f) The board must receive a revised supervision plan within 90 60 days of any
95.19of the following changes:
95.20    (1) the supervisee has a new supervisor;
95.21    (2) the supervisee begins a new social work position;
95.22    (3) the scope or content of the supervisee's social work practice changes substantially;
95.23    (4) the number of practice or supervision hours changes substantially; or
95.24    (5) the type of supervision changes as supervision is described in section 148E.100,
95.25subdivision 3 , or 148E.105, subdivision 3, or as required in section 148E.115.
95.26    (g) For failure to submit a revised supervision plan as required in paragraph (f), a
95.27supervisee must pay the supervision plan late fee specified in section 148E.180, when
95.28the supervisee applies for license renewal.
95.29    (h) The board must approve the supervisor and the supervision plan.

95.30    Sec. 43. Minnesota Statutes 2008, section 148E.125, subdivision 3, is amended to read:
95.31    Subd. 3. Verification of supervised practice. (a) In addition to receiving the
95.32attestation required under subdivision 2, The board must receive verification of supervised
95.33practice if when:
95.34    (1) the board audits the supervision of a supervisee licensee submits the license
95.35renewal application form; or
96.1    (2) an applicant applies for a license as a licensed independent social worker or as a
96.2licensed independent clinical social worker.
96.3    (b) When verification of supervised practice is required according to paragraph (a),
96.4the board must receive from the supervisor the following information on a form provided
96.5by the board:
96.6    (1) the name of the supervisee, the name of the agency in which the supervisee is
96.7being supervised, and the supervisee's position title;
96.8    (2) the name and qualifications of the supervisor;
96.9    (3) the number of hours and dates of each type of supervision completed;
96.10    (4) the supervisee's position description;
96.11    (5) a declaration that the supervisee has not engaged in conduct in violation of the
96.12standards of practice specified in sections 148E.195 to 148E.240;
96.13    (6) a declaration that the supervisee has practiced ethically and competently
96.14according to professional social work knowledge, skills, and values;
96.15    (7) a list of the content areas in which the supervisee has received supervision,
96.16including the following:
96.17    (i) clinical practice, if applicable;
96.18    (ii) development of professional social work knowledge, skills, and values;
96.19    (iii) practice methods;
96.20    (iv) authorized scope of practice;
96.21    (v) ensuring continuing competence; and
96.22    (vi) ethical standards of practice; and
96.23    (8) if applicable, a detailed description of the supervisee's clinical social work
96.24practice, addressing:
96.25    (i) the client population, the range of presenting issues, and the diagnoses;
96.26    (ii) the clinical modalities that were utilized; and
96.27    (iii) the process utilized for determining clinical diagnoses, including the diagnostic
96.28instruments used and the role of the supervisee in the diagnostic process.
96.29    (c) The information provided on the verification form must demonstrate to the board's
96.30satisfaction that the supervisee has met the applicable supervised practice requirements.

96.31    Sec. 44. Minnesota Statutes 2008, section 148E.130, is amended by adding a
96.32subdivision to read:
96.33    Subd. 1a. Increased clock hours required effective August 1, 2011. (a)
96.34Notwithstanding the requirements in subdivision 8, the clock hours specified in
97.1subdivisions 1 and 4 to 6 apply to all new licenses issued effective August 1, 2011, under
97.2section 148E.055.
97.3(b) Any licensee issued a license prior to August 1, 2011, under section 148D.055
97.4must comply with the increased clock hours in subdivisions 1 and 4 to 6, and must
97.5document the clock hours at the first two-year renewal term after August 1, 2011.

97.6    Sec. 45. Minnesota Statutes 2008, section 148E.130, subdivision 2, is amended to read:
97.7    Subd. 2. Ethics requirement. At least two of the clock hours required under
97.8subdivision 1 must be in social work ethics., including at least one of the following:
97.9(1) the history and evolution of values and ethics in social work;
97.10(2) ethics theories;
97.11(3) professional standards of social work practice, as specified in the ethical codes of
97.12the National Association of Social Workers, the Association of Canadian Social Workers,
97.13the Clinical Social Work Federation, and the Council on Social Work Education;
97.14(4) the legal requirements and other considerations for each jurisdiction that
97.15registers, certifies, or licenses social workers; or
97.16(5) the ethical decision-making process.

97.17    Sec. 46. Minnesota Statutes 2008, section 148E.130, subdivision 5, is amended to read:
97.18    Subd. 5. Independent study. Independent study must not consist of more than ten
97.1915 clock hours of continuing education per renewal term. Independent study must be for
97.20publication, public presentation, or professional development. Independent study includes,
97.21but is not limited to, electronic study. For purposes of subdivision 6 4, independent study
97.22includes consultation with an experienced supervisor regarding the practice of supervision
97.23or training regarding supervision with a licensed professional who has demonstrated
97.24supervisory skills.

97.25    Sec. 47. Minnesota Statutes 2008, section 148E.165, subdivision 1, is amended to read:
97.26    Subdivision 1. Records retention; licensees. For one year following the expiration
97.27date of a license, the licensee must maintain documentation of clock hours earned during
97.28the previous renewal term. The documentation must include the following:
97.29    (1) for educational workshops or seminars offered by an organization or at a
97.30conference, a copy of the certificate of attendance issued by the presenter or sponsor
97.31giving the following information:
97.32    (i) the name of the sponsor or presenter of the program;
97.33    (ii) the title of the workshop or seminar;
97.34    (iii) the dates the licensee participated in the program; and
98.1    (iv) the number of clock hours completed;
98.2    (2) for academic coursework offered by an institution of higher learning, a copy of a
98.3transcript giving the following information:
98.4    (i) the name of the institution offering the course;
98.5    (ii) the title of the course;
98.6    (iii) the dates the licensee participated in the course; and
98.7    (iv) the number of credits completed;
98.8    (3) for staff training offered by public or private employers, a copy of the certificate
98.9of attendance issued by the employer giving the following information:
98.10    (i) the name of the employer;
98.11    (ii) the title of the staff training;
98.12    (iii) the dates the licensee participated in the program; and
98.13    (iv) the number of clock hours completed; and
98.14    (4) for independent study, including electronic study, or consultation or training
98.15regarding supervision, a written summary of the study activity conducted, including the
98.16following information:
98.17    (i) the topics studied covered;
98.18    (ii) a description of the applicability of the study activity to the licensee's authorized
98.19scope of practice;
98.20    (iii) the titles and authors of books and articles consulted or the name of the
98.21organization offering the study activity, or the name and title of the licensed professional
98.22consulted regarding supervision;
98.23    (iv) the dates the licensee conducted the study activity; and
98.24    (v) the number of clock hours the licensee conducted the study activity.

98.25    Sec. 48. REPEALER.
98.26Minnesota Statutes 2008, sections 148E.106, subdivision 6; and 148E.125,
98.27subdivision 2, are repealed August 1, 2011.

98.28    Sec. 49. EFFECTIVE DATE.
98.29Sections 1 to 47 are effective August 1, 2011."