piers109uk/MN-Statutes huggingface dataset:
148.604 REPORTING OBLIGATIONS.
A person who has knowledge of any conduct constituting grounds for discipline under sections 148.52 to 148.62 may report the violation to the board.
Any hospital, clinic, prepaid medical plan, or other health care institution or organization located in this state shall report to the board any action taken by the institution or organization or any of its administrators or medical or other committees to revoke, suspend, restrict, or condition an optometrist's privilege to practice or treat patients in the institution, or as part of the organization, any denial of privileges, or any other disciplinary action. The institution or organization shall also report the resignation of any optometrist prior to the conclusion of any disciplinary proceeding, or prior to the commencement of formal charges but after the optometrist had knowledge that formal charges were contemplated or in preparation. Each report made under this subdivision must state the nature of the action taken, state in detail the reasons for the action, and identify the specific patient medical records upon which the action was based. No report shall be required of an optometrist voluntarily limiting the practice of the optometrist at a hospital provided that the optometrist notifies all hospitals where the optometrist has privileges of the voluntary limitation and the reasons for it.
A licensed optometrist shall report to the board personal knowledge of any conduct by any optometrist which the person reasonably believes constitutes grounds for disciplinary action under sections 148.52 to 148.62, including any conduct indicating that the person may be incompetent, may have engaged in unprofessional conduct, or may be physically unable to safely engage in the practice of optometry.
An optometrist shall report to the board any personal action which would require that a report be filed with the board by any person, health care facility, business, or organization pursuant to subdivisions 2 and 3.
Reports required by subdivisions 2 to 4 must be submitted not later than 30 days after the occurrence of the reportable event or transaction. The board may provide forms for the submission of reports required by this section, may require that reports be submitted on the forms provided, and may adopt rules necessary to ensure prompt and accurate reporting.
The board may issue subpoenas for the production of any reports required by subdivisions 2 to 4 or any related documents.
148.622 BOARD OF DIETETICS AND NUTRITION PRACTICE.
The Board of Dietetics and Nutrition Practice consists of seven members appointed by the governor.
Members of the board must have been residents of the state of Minnesota for two years immediately preceding appointment and must represent various geographic areas of the state and various employment settings, as required by this section. Two members must be dietitians registered with the commission with at least three years of dietetics practice in Minnesota. Two members must be nutritionists with at least three years of nutrition practice in Minnesota. The professional members first appointed need not be licensed under this chapter for appointment to their first terms on the board, but must possess the qualifications necessary for licensure under this chapter. Three other members must be public members as defined under section 214.02. Two of the public members must be consumers of nutrition care services or caregivers of those utilizing such services.
(a) Members must be appointed for staggered terms of four years, with terms beginning August 1 of each year. The terms of the initial board members must be determined by lot as follows: one member must be appointed for a term that expires August 1, 2000; two members must be appointed for terms that expire August 1, 1998; two members must be appointed for terms that expire August 1, 1997; and two members must be appointed for terms that expire August 1, 1995. Members of the board serve until the expiration of the term to which they have been appointed or until their successors have qualified. A person may not be appointed to serve more than two consecutive terms.
(b) The board shall organize annually and select a chair and vice-chair.
(c) Four members of the board, including two professional members and two public members, constitute a quorum to do business.
(d) The board shall hold at least two regular meetings each year. Additional meetings may be held at the call of the chair or at the written request of any three members of the board. At least 14 days' written advance notice of the board meeting is required.
(e) Board members receive compensation for their services in accordance with section 15.0575.
148.623 DUTIES OF THE BOARD.
The board shall:
(1) adopt rules necessary to administer and enforce sections 148.621 to 148.633;
(2) administer, coordinate, and enforce sections 148.621 to 148.633;
(3) evaluate the qualifications of applicants;
(4) issue subpoenas, examine witnesses, and administer oaths;
(5) conduct hearings and keep records and minutes necessary to the orderly administration of sections 148.621 to 148.633;
(6) investigate persons engaging in practices that violate sections 148.621 to 148.633; and
(7) adopt rules under chapter 14 prescribing a code of ethics for licensees.
148.625 APPLICATION.
A person desiring a license under sections 148.621 to 148.633 shall apply to the board on a form and in the manner the board prescribes. The application must be accompanied by an application fee in an amount determined by the board.
148.628 RECIPROCITY.
The board may issue a license to an applicant who is licensed as a dietitian or nutritionist in another state or the District of Columbia, provided that in the judgment of the board the standards for licensure in that state are not less stringent than the requirements set forth in sections 148.621 to 148.633.
148.626 CONTINUING EDUCATION REQUIRED.
Within three years of the effective date of sections 148.621 to 148.633, renewal of a license is contingent on the applicant meeting uniform continuing education requirements established by the board. Notice of initial or amended continuing education requirements must be sent to all persons licensed under sections 148.621 to 148.633 at least 12 months before a person's license renewal is dependent on satisfaction of those requirements. Continuing education requirements must be sent to new applicants with the forms on which they are to apply for licensure.
148.629 DENIAL, SUSPENSION, OR REVOCATION.
The board may refuse to renew or grant a license to, or may suspend, revoke, or restrict the license of an individual whom the board, after a hearing under the contested case provisions of chapter 14, determines:
(1) is incompetent to engage in dietetic or nutrition practice, or is found to be engaged in dietetic or nutrition practice in a manner harmful or dangerous to a client or to the public;
(2) has violated the rules of the board or the statutes the board is empowered to enforce;
(3) has obtained or attempted to obtain a license or license renewal by bribery or fraudulent representation;
(4) has knowingly made a false statement on a form required by the board for licensing or license renewal; or
(5) has sold any dietary supplement product if the sale of that product resulted in financial benefit to the individual.
For reasons it finds sufficient, the board may grant a license previously refused, restore a license that has been revoked, or reduce a period of suspension or restriction of a license.
Suspension, revocation, or restriction of a license must be reviewed by the board at the request of the licensee against whom the disciplinary action was taken.
148.630 LICENSE REQUIRED.
(a) No person may engage in dietetics or nutrition practice unless the person is licensed as a dietitian or nutritionist by the board. No person may use the title "dietitian," "licensed dietitian," "nutritionist," "licensed nutritionist," or any occupational title using the word "dietitian" or "nutritionist" unless so licensed by the board, nor shall any person hold out as a dietitian or nutritionist unless so licensed.
(b) Notwithstanding any other provision of sections 148.621 to 148.633, a dietitian registered by the commission shall have the right to use the title "registered dietitian" and the designation "RD." Notwithstanding any other provision of sections 148.621 to 148.633, a dietetic technician registered by the Commission on Dietetic Registration shall have the right to use the title "dietetic technician registered" and the designation "DTR."
148.631 PENALTY.
A person who violates sections 148.621 to 148.633 is guilty of a misdemeanor. If a person other than a licensed dietitian or nutritionist engages in an act or practice constituting an offense under sections 148.621 to 148.633, a district court on application of the board may issue an injunction or other appropriate order restraining the act or practice.
If the board finds that a licensed dietitian or nutritionist has violated a provision of sections 148.621 to 148.633 or rules adopted under them, it may impose a civil penalty not exceeding $10,000 for each separate violation, the amount of the civil penalty to be fixed so as to deprive the dietitian or nutritionist of any economic advantage gained by reason of the violation charged, to discourage similar violations, or to reimburse the board for the cost of the investigation and proceeding, including, but not limited to, fees paid for services provided by the Office of Administrative Hearings, legal and investigational services provided by the Office of the Attorney General, services of court reporters, witnesses, reproduction of records, board members' per diem compensation, board staff time, and expenses incurred by board members and staff.
148.6410 QUALIFICATIONS FOR OCCUPATIONAL THERAPY ASSISTANTS.
An applicant must successfully complete all academic and fieldwork requirements of an occupational therapy assistant program approved or accredited by the Accreditation Council for Occupational Therapy Education.
(a) An applicant for licensure must achieve a qualifying score on the credentialing examination for occupational therapy assistants.
(b) The board shall determine the qualifying score for the credentialing examination for occupational therapy assistants. In determining the qualifying score, the board shall consider the cut score recommended by the National Board for Certification in Occupational Therapy, or other national credentialing organization approved by the board, using the modified Angoff method for determining cut score or another method for determining cut score that is recognized as appropriate and acceptable by industry standards.
(c) The applicant is responsible for:
(1) making all arrangements to take the credentialing examination for occupational therapy assistants;
(2) bearing all expense associated with taking the examination; and
(3) having the examination scores sent directly to the board from the testing service that administers the examination.
148.6401 SCOPE.
Sections 148.6401 to 148.6449 apply to persons who are applicants for licensure, who are licensed, who use protected titles, or who represent that they are licensed as occupational therapists or occupational therapy assistants.
148.634 PRESCRIPTION PROTOCOL.
A licensed dietitian or licensed nutritionist may implement a protocol that does not reference a specific patient and results in a prescription of a legend drug that has been predetermined and delegated by a licensed practitioner as defined in section 151.01, subdivision 23, when caring for a patient whose condition falls within the protocol and the protocol specifies the circumstances under which the drug is to be prescribed or administered.
148.6408 QUALIFICATIONS FOR OCCUPATIONAL THERAPIST.
(a) An applicant who has received professional education in the United States or its possessions or territories must successfully complete all academic and fieldwork requirements of an educational program for occupational therapists approved or accredited by the Accreditation Council for Occupational Therapy Education.
(b) An applicant who has received professional education outside the United States or its possessions or territories must successfully complete all academic and fieldwork requirements of an educational program for occupational therapists approved by a member association of the World Federation of Occupational Therapists.
(a) An applicant must achieve a qualifying score on the credentialing examination for occupational therapist.
(b) The board shall determine the qualifying score for the credentialing examination for occupational therapist. In determining the qualifying score, the board shall consider the cut score recommended by the National Board for Certification in Occupational Therapy, or other national credentialing organization approved by the board, using the modified Angoff method for determining cut score or another method for determining cut score that is recognized as appropriate and acceptable by industry standards.
(c) The applicant is responsible for:
(1) making arrangements to take the credentialing examination for occupational therapist;
(2) bearing all expenses associated with taking the examination; and
(3) having the examination scores sent directly to the board from the testing service that administers the examination.
148.6404 SCOPE OF PRACTICE.
(a) The practice of occupational therapy means the therapeutic use of everyday activities with individuals or groups for the purpose of enhancing or enabling participation. It is the promotion of health and well-being through the use of occupational therapy services that includes screening, evaluation, intervention, and consultation to develop, recover, and maintain a client's:
(1) sensory integrative, neuromuscular, motor, emotional, motivational, cognitive, or psychosocial components of performance;
(2) daily living skills;
(3) feeding and swallowing skills;
(4) play and leisure skills;
(5) educational participation skills;
(6) functional performance and work participation skills;
(7) community mobility; and
(8) health and wellness.
(b) Occupational therapy services include but are not limited to:
(1) designing, fabricating, or applying rehabilitative technology, such as selected orthotic and prosthetic devices, and providing training in the functional use of these devices;
(2) designing, fabricating, or adapting assistive technology and providing training in the functional use of assistive devices;
(3) adapting environments using assistive technology such as environmental controls, wheelchair modifications, and positioning; and
(4) employing physical agent modalities in preparation for or as an adjunct to purposeful activity to meet established functional occupational therapy goals.
(c) Occupational therapy services must be based on nationally established standards of practice.
148.6415 LICENSURE BY RECIPROCITY.
A person who is not certified by the National Board for Certification in Occupational Therapy but who holds a current credential as an occupational therapist in the District of Columbia or a state or territory of the United States whose standards for credentialing are determined by the board to be equivalent to or exceed the requirements for licensure under section 148.6408 may be eligible for licensure by reciprocity as an occupational therapist. A person who is not certified by the National Board for Certification in Occupational Therapy but who holds a current credential as an occupational therapy assistant in the District of Columbia or a state or territory of the United States whose standards for credentialing are determined by the board to be equivalent to or exceed the requirements for licensure under section 148.6410 may be eligible for licensure by reciprocity as an occupational therapy assistant. Nothing in this section limits the board's authority to deny licensure based upon the grounds for discipline in sections 148.6401 to 148.6449. An applicant must provide:
(1) the application materials as required by section 148.6420, subdivisions 1, 3, and 4;
(2) the fees required by section 148.6445;
(3) a copy of a current and unrestricted credential for the practice of occupational therapy as either an occupational therapist or occupational therapy assistant;
(4) a letter from the jurisdiction that issued the credential describing the applicant's qualifications that entitled the applicant to receive the credential; and
(5) other information necessary to determine whether the credentialing standards of the jurisdiction that issued the credential are equivalent to or exceed the requirements for licensure under sections 148.6401 to 148.6449.
148.635 FEE.
The fee for verification of licensure is $20. The fee is nonrefundable.
148.633 DISPOSITION OF FUNDS.
Money received by the board under sections 148.621 to 148.633 must be credited to the health occupations licensing account within the special revenue fund.
148.6412 LICENSURE BY EQUIVALENCY.
MS 2018 [Repealed, 2020 c 79 art 2 s 26]
The board may license any person certified by the National Board for Certification in Occupational Therapy as an occupational therapist if the board determines the requirements for certification are equivalent to or exceed the requirements for licensure as an occupational therapist under section 148.6408. The board may license any person certified by the National Board for Certification in Occupational Therapy as an occupational therapy assistant if the board determines the requirements for certification are equivalent to or exceed the requirements for licensure as an occupational therapy assistant under section 148.6410. Nothing in this section limits the board's authority to deny licensure based upon the grounds for discipline in sections 148.6401 to 148.6449.
Applicants for licensure by equivalency must provide:
(1) the application materials as required by section 148.6420, subdivisions 1, 3, and 4; and
(2) the fees required by section 148.6445.
148.6428 CHANGE OF CONTACT INFORMATION OR EMPLOYMENT.
A licensee who changes a name, primary email address, address, employment, business address, or business telephone number must inform the board of the change of name, primary email address, address, employment, business address, or business telephone number within 30 calendar days from the effective date of the change. A change in name must be accompanied by a copy of a marriage certificate or court order. All notices or other correspondence served on a licensee by the board at the licensee's contact information on file with the board must be considered as having been received by the licensee.
148.6430 DELEGATION OF DUTIES; ASSIGNMENT OF TASKS.
The occupational therapist is responsible for all duties delegated to the occupational therapy assistant or tasks assigned to direct service personnel. The occupational therapist may delegate to an occupational therapy assistant those portions of a client's evaluation, reevaluation, and intervention that, according to prevailing national practice standards, can be performed by an occupational therapy assistant. The occupational therapist may not delegate portions of an evaluation or reevaluation of a person whose condition is changing rapidly.
148.6435 COORDINATION OF SERVICES.
An occupational therapist must:
(1) collect information necessary to ensure that the provision of occupational therapy services are consistent with the client's physical and mental health status. The information required to make this determination may include, but is not limited to, contacting the client's licensed health care professional for health history, current health status, current medications, and precautions;
(2) modify or terminate occupational therapy intervention of a client that is not beneficial to the client, not tolerated by the client, or refused by the client, and if intervention was terminated for a medical reason, notify the client's licensed health care professional by correspondence postmarked or delivered to the licensed health care professional within one week of the termination of intervention;
(3) refer a client to an appropriate health care, social service, or education practitioner if the client's condition requires services not within the occupational therapist's service competency or not within the practice of occupational therapy generally; and
(4) participate and cooperate in the coordination of occupational therapy services with other related services, as a member of the professional community serving the client.
148.6432 SUPERVISION OF OCCUPATIONAL THERAPY ASSISTANTS.
If the professional standards identified in section 148.6430 permit an occupational therapist to delegate an evaluation, reevaluation, or treatment procedure, the occupational therapist must provide supervision consistent with this section.
The occupational therapist shall determine the frequency of evaluations and reevaluations for each client. The occupational therapy assistant shall inform the occupational therapist of the need for more frequent reevaluation if indicated by the client's condition or response to treatment. Before delegating a portion of a client's evaluation pursuant to section 148.6430, the occupational therapist shall ensure the service competency of the occupational therapy assistant in performing the evaluation procedure and shall provide supervision consistent with the condition of the patient or client and the complexity of the evaluation procedure.
(a) The occupational therapist must determine the frequency and manner of supervision of an occupational therapy assistant performing intervention procedures delegated pursuant to section 148.6430 based on the condition of the patient or client, the complexity of the intervention procedure, and the service competency of the occupational therapy assistant.
(b) Face-to-face collaboration between the occupational therapist and the occupational therapy assistant must occur every ten intervention days or every 30 days, whichever comes first, during which time the occupational therapist is responsible for:
(1) planning and documenting an initial intervention plan and discharge from interventions;
(2) reviewing intervention goals, therapy programs, and client progress;
(3) supervising changes in the intervention plan;
(4) conducting or observing intervention procedures for selected clients and documenting appropriateness of intervention procedures. Clients must be selected based on the occupational therapy services provided to the client and the role of the occupational therapist and the occupational therapy assistant in those services; and
(5) ensuring the service competency of the occupational therapy assistant in performing delegated intervention procedures.
(c) Face-to-face collaboration must occur more frequently if necessary to meet the requirements of paragraph (a) or (b).
(d) The occupational therapist must document compliance with this subdivision in the client's file or chart.
The supervision requirements of this section do not apply to an occupational therapy assistant who:
(1) works in an activities program; and
(2) does not perform occupational therapy services.
The occupational therapy assistant must meet all other applicable requirements of sections 148.6401 to 148.6449.
148.6445 FEES.
The initial licensure fee for occupational therapists is $185. The initial licensure fee for occupational therapy assistants is $105.
The biennial licensure renewal fee for occupational therapists is $185. The biennial licensure renewal fee for occupational therapy assistants is $105.
The fee for a duplicate license is $30.
The fee for late submission of a renewal application is $50.
The fee for temporary licensure is $75.
The fee for limited licensure is $100.
The fee for course approval after lapse of licensure is $100.
The fee for verification of licensure to other states is $25.
The fee for verification of licensure to institutions is $10.
[Repealed, 1Sp2003 c 14 art 7 s 89]
(a) All fees are nonrefundable. The board shall only use fees collected under this section for the purposes of administering this chapter. The legislature must not transfer money generated by these fees from the state government special revenue fund to the general fund.
(b) Licensure fees are for the exclusive use of the board and shall be established by the board not to exceed the nonrefundable amounts in this section.
(a) The penalty fee for practicing occupational therapy or using protected titles without a current license after the credential has expired and before it is renewed is the amount of the license renewal fee for any part of the first month, plus the license renewal fee for any part of any subsequent month up to 36 months.
(b) The penalty fee for applicants who engage in the unauthorized practice of occupational therapy or use protected titles before being issued a license is the amount of the license application fee for any part of the first month, plus the license application fee for any part of any subsequent month up to 36 months. This paragraph does not apply to applicants not qualifying for a license who engage in the unauthorized practice of occupational therapy.
(c) When an occupational therapy practitioner fails to submit a requested continuing education report by the due date with the correct number or type of hours in the correct time period the practitioner must pay either: (1) a $100 penalty fee and complete the missing contact hours within 30 calendar days from the date of the penalty fee notice; or (2) a $100 penalty fee and $20 for each missing contact hour, and complete the missing number of contact hours by the next reporting due date. "Missing" means not obtained between the effective and expiration dates of the license.
(d) Civil penalties and discipline incurred by licensees for conduct described in paragraph (a), (b), or (c) shall be recorded as nondisciplinary penalty fees. For conduct described in paragraph (a) or (b) exceeding six months, payment of a penalty fee does not preclude any disciplinary action reasonably justified by the individual case.
148.6449 BOARD OF OCCUPATIONAL THERAPY PRACTICE.
The Board of Occupational Therapy Practice consists of 11 members appointed by the governor. The members are:
(1) five occupational therapists licensed under sections 148.6401 to 148.6449;
(2) three occupational therapy assistants licensed under sections 148.6401 to 148.6449; and
(3) three public members, including two members who have received occupational therapy services or have a family member who has received occupational therapy services, and one member who is a health care professional or health care provider licensed in Minnesota.
(a) The occupational therapy practitioners appointed to the board must represent a variety of practice areas and settings.
(b) At least two occupational therapy practitioners must be employed outside the seven-county metropolitan area.
(c) Board members must not serve for more than two full consecutive terms.
Prior to the end of the term of a member of the board, or within 60 days after a position on the board becomes vacant, the Minnesota Occupational Therapy Association and other interested persons and organizations may recommend to the governor members qualified to serve on the board. The governor may appoint members to the board from the list of persons recommended or from among other qualified candidates.
The board shall biennially elect from its membership a chair, vice-chair, and secretary-treasurer. Each officer shall serve until a successor is elected.
The board shall appoint and employ an executive director who is not a member of the board. The employment of the executive director shall be subject to the terms described in section 214.04, subdivision 2a.
Membership terms, compensation of members, removal of members, the filling of membership vacancies, and fiscal year and reporting requirements shall be as provided in chapter 214. The provision of staff, administrative services, and office space; the review and processing of complaints; the setting of board fees; and other activities relating to board operations shall be conducted according to chapter 214.
(a) The board shall:
(1) adopt and enforce rules and laws necessary for licensing occupational therapy practitioners;
(2) adopt and enforce rules for regulating the professional conduct of the practice of occupational therapy;
(3) issue licenses to qualified individuals in accordance with sections 148.6401 to 148.6449;
(4) assess and collect fees for the issuance and renewal of licenses;
(5) educate the public about the requirements for licensing occupational therapy practitioners, educate occupational therapy practitioners about the rules of conduct, and enable the public to file complaints against applicants and licensees who may have violated sections 148.6401 to 148.6449; and
(6) investigate individuals engaging in practices that violate sections 148.6401 to 148.6449 and take necessary disciplinary, corrective, or other action according to section 148.6448.
(b) The board may adopt rules necessary to define standards or carry out the provisions of sections 148.6401 to 148.6449. Rules shall be adopted according to chapter 14.
148.6438 RECIPIENT NOTIFICATION.
In the absence of a physician, advanced practice registered nurse, or physician assistant referral or prior authorization, and before providing occupational therapy services for remuneration or expectation of payment from the client, an occupational therapist must provide the following written notification in all capital letters of 12-point or larger boldface type, to the client, parent, or guardian:
"Your health care provider, insurer, or plan may require a physician, advanced practice registered nurse, or physician assistant referral or prior authorization and you may be obligated for partial or full payment for occupational therapy services rendered."
Information other than this notification may be included as long as the notification remains conspicuous on the face of the document. A nonwritten disclosure format may be used to satisfy the recipient notification requirement when necessary to accommodate the physical condition of a client or client's guardian.
The occupational therapist is responsible for providing evidence of compliance with the recipient notification requirement of this section.
148.66 STATE BOARD OF PHYSICAL THERAPY, DUTIES.
The state Board of Physical Therapy established under section 148.67 shall administer sections 148.65 to 148.78. As used in sections 148.65 to 148.78, "board" means the state Board of Physical Therapy.
The board shall:
(1) adopt rules necessary to administer and enforce sections 148.65 to 148.78;
(2) administer, coordinate, and enforce sections 148.65 to 148.78;
(3) evaluate the qualifications of applicants;
(4) issue subpoenas, examine witnesses, and administer oaths;
(5) conduct hearings and keep records and minutes necessary to the orderly administration of sections 148.65 to 148.78;
(6) investigate persons engaging in practices that violate sections 148.65 to 148.78; and
(7) adopt rules under chapter 14 prescribing a code of ethics for licensees.
148.67 STATE BOARD OF PHYSICAL THERAPY; MEMBERSHIP APPOINTMENTS, VACANCIES, REMOVALS.
The governor shall appoint a state Board of Physical Therapy to administer sections 148.65 to 148.78, regarding the qualifications and examination of physical therapists and physical therapist assistants. The board shall consist of 11 members, citizens and residents of the state of Minnesota, composed of five physical therapists, one licensed and registered doctor of medicine, two physical therapist assistants, and three public members. The physical therapist members and the physical therapist assistant members must be licensed in this state and have at least five years' experience in physical therapy practice, physical therapy administration, or physical therapy education. The five years' experience must immediately precede appointment. Membership terms, compensation of members, removal of members, filling of membership vacancies, and fiscal year and reporting requirements shall be as provided in sections 214.07 to 214.09. The provision of staff, administrative services, and office space; the review and processing of complaints; the setting of board fees; and other provisions relating to board operations shall be as provided in chapter 214. Each member of the board shall file with the secretary of state the constitutional oath of office before beginning the term of office.
Prior to the end of the term of a member of the board, or within 60 days after a position on the board becomes vacant, the Minnesota chapter of the American Physical Therapy Association and other interested persons and organizations may recommend to the governor members qualified to serve on the board. The governor may appoint members to the board from the list of persons recommended or from among other qualified candidates.
148.70 APPLICANTS, QUALIFICATIONS.
The Board of Physical Therapy must:
(1) establish the qualifications of applicants for licensing and continuing education requirements for renewal of licensure;
(2) provide for and conduct all examinations following satisfactory completion of all didactic requirements;
(3) determine the applicants who successfully pass the examination; and
(4) duly license an applicant after the applicant has presented evidence satisfactory to the board that the applicant has met all requirements for licensure as a physical therapist or physical therapist assistant.
148.691 OFFICERS; EXECUTIVE DIRECTOR.
The board shall elect from its members a president, a vice-president, and a secretary-treasurer. Each shall serve for one year or until a successor is elected and qualifies. The board shall appoint and employ an executive secretary. A majority of the board, including one officer, constitutes a quorum at a meeting.
The board may employ persons needed to carry out its work.
[Repealed, 2007 c 123 s 137]
148.705 APPLICATION.
An applicant for licensure as a physical therapist or physical therapist assistant shall submit a written application on forms provided by the board together with the appropriate fee in the amount set by the board. No portion of the fee is refundable. No applicant will be approved to sit for the national examination until the application is complete, as determined by the board.
(a) The application must include the following information:
(1) evidence satisfactory to the board that the applicant has met the educational requirements of section 148.721 or 148.722 as demonstrated by a certified copy of a transcript;
(2) recommendations by two physical therapists registered or licensed to practice physical therapy in the United States or Canada attesting to the applicant's ethical and moral character;
(3) a recent full-face photograph of the applicant attached to the application with the affidavit on the form completed and notarized;
(4) a record of the applicant's high school, college, and board-approved physical therapy school education listing the names, locations, dates of attendance, and diplomas, degrees, or certificates awarded;
(5) a record of the applicant's postgraduate work and military service;
(6) a listing of the United States jurisdictions, and countries in which the applicant is currently licensed or registered, or has been in the past, including the applicant's license or registration certificate number, the date the license or registration was obtained, and the method by which the license or registration was received;
(7) a record of the applicant's current and previous physical therapy practice experience;
(8) a record of disciplinary action taken on past complaints, refusal of licensure or registration, or denial of examination eligibility by another state board or physical therapy society against the applicant;
(9) a record of the applicant's personal use or administration of any controlled substances and any treatment for alcohol or drug abuse;
(10) a record by the applicant of any disease, illness, or injury that impairs the applicant's ability to practice physical therapy;
(11) a record of any convictions for crimes related to the practice of physical therapy, felonies, gross misdemeanors, and crimes involving moral turpitude;
(12) a listing of any memberships in a physical therapy professional association;
(13) the applicant's name and address;
(14) the applicant's Social Security number, alien registration card number, or tax identification number, whichever is applicable;
(15) completed copies of credentials verification forms provided by the board; and
(16) any information deemed necessary by the board to evaluate the applicant.
(b) A person who has previously practiced in another state shall submit the following information for the five-year period of active practice preceding the date of filing application in this state:
(1) the name and address of the person's professional liability insurer in the other state; and
(2) the number, date, and disposition of any malpractice settlement or award made to a plaintiff relating to the quality of services provided.
148.706 PHYSICAL THERAPIST ASSISTANTS, AIDES, AND STUDENTS.
Every physical therapist who uses the services of a physical therapist assistant or physical therapy aide for the purpose of assisting in the practice of physical therapy is responsible for functions performed by the assistant or aide while engaged in such assistance. The physical therapist shall delegate duties to the physical therapist assistant and assign tasks to the physical therapy aide in accordance with subdivision 2. Physical therapists who instruct student physical therapists and student physical therapist assistants are responsible for the functions performed by the students and shall supervise the students as provided under section 148.65, subdivisions 5 and 6. A licensed physical therapist may supervise no more than two physical therapist assistants at any time.
The physical therapist may delegate patient treatment procedures only to a physical therapist assistant who has sufficient didactic and clinical preparation. The physical therapist may not delegate the following activities to the physical therapist assistant or to other supportive personnel: patient evaluation, treatment planning, initial treatment, change of treatment, and initial or final documentation.
When components of a patient's treatment are delegated to a physical therapist assistant, a physical therapist must provide on-site observation of the treatment and documentation of its appropriateness at least every six treatment sessions. The physical therapist is not required to be on site, but must be easily available by telecommunications.
The physical therapist must observe the patient's status before and after the treatment administered by a physical therapy aide. The physical therapy aide may perform tasks related to preparation of patient and equipment for treatment, housekeeping, transportation, clerical duties, departmental maintenance, and selected treatment procedures. The tasks must be performed under the direct supervision of a physical therapist who is readily available for advice, instruction, or immediate assistance.
148.715 FEES.
The fees charged by the board are fixed at the following rates:
(1) application fee for physical therapists and physical therapist assistants, $100;
(2) annual licensure for physical therapists and physical therapist assistants, $60;
(3) licensure renewal late fee, $20;
(4) temporary permit, $25;
(5) duplicate license or registration, $20;
(6) certification letter, $25;
(7) education or training program approval, $100;
(8) report creation and generation, $60 per hour billed in quarter-hour increments with a quarter-hour minimum; and
(9) examination administration:
(i) half day, $50; and
(ii) full day, $80.
148.721 EDUCATIONAL REQUIREMENTS FOR LICENSED PHYSICAL THERAPIST.
All applicants for licensure as a physical therapist must complete a course in physical therapy education accredited by the Commission on Accreditation in Physical Therapy Education (CAPTE) or which meets the accreditation requirements of CAPTE, as determined by the board.
In addition to completion of the accredited program required in subdivision 1, applicants must complete an additional 60 academic semester credits or its quarter equivalent from an institution of higher education that is accredited by a regional accrediting organization. Coursework used to satisfy this requirement may not have been earned as part of the accredited program requirement of subdivision 1.
148.722 EDUCATIONAL REQUIREMENTS FOR LICENSED PHYSICAL THERAPIST ASSISTANT.
All applicants for licensure as a physical therapist assistant must graduate from a physical therapist assistant educational program accredited by the Commission on Accreditation in Physical Therapy Education (CAPTE) or meet its standards, as determined by the board.
148.723 EXAMINATION FOR LICENSED PHYSICAL THERAPIST.
All applicants for licensure as a physical therapist must take and pass the National Physical Therapy Examination (NPTE) administered by the Federation of State Boards of Physical Therapy (FSBPT) or an alternate national examination determined by the board to be equivalent. For purposes of this section, passing scores are defined in subdivisions 2 and 3.
The passing score for qualifying examinations taken prior to July 1, 1995, is one standard deviation below the mean of all persons taking the examination.
The passing score for qualifying examinations taken after July 1, 1995, shall be based on objective, numerical standards established by the administering testing agency.
148.724 EXAMINATION FOR LICENSED PHYSICAL THERAPIST ASSISTANT.
All applicants for licensure as a physical therapist assistant must take and pass the National Physical Therapy Examination (NPTE) for physical therapist assistants administered by the Federation of State Boards of Physical Therapy (FSBPT) or an alternate national examination determined by the board to be equivalent. For purposes of this section, passing scores are defined in subdivisions 2 and 3.
The passing score for qualifying examinations taken prior to July 1, 1995, is one standard deviation below the mean of all persons taking the examination.
The passing score for qualifying examinations taken after July 1, 1995, shall be based on objective, numerical standards established by the administering testing agency.
MS 2007 Supp [Expired, 2007 c123 s 25]
148.725 REQUIREMENTS FOR FOREIGN-EDUCATED APPLICANTS.
An applicant for licensure who is a foreign-educated physical therapist must fulfill the requirements in subdivisions 2 to 5, providing certified English translations of board-required relevant documentation.
The applicant must present evidence of completion of physical therapy schooling equivalent to that required in section 148.721 by having a Type I comprehensive credentials evaluation or educational credentials review performed by the Foreign Credentialing Commission on Physical Therapy (FCCPT). The evaluation must be sent directly to the board from the FCCPT. The applicant shall be responsible for the expenses incurred as a result of the evaluation.
If not completed as part of the FCCPT Type I comprehensive credentials evaluation, the applicant must demonstrate English language proficiency by taking the test of English as a foreign language examination (TOEFL) and achieving a passing score as established by the board, or a passing score on a comparable nationally recognized examination approved by the board. For purposes of this subdivision, the passing score adopted by the board shall be applied prospectively.
The applicant must have practiced satisfactorily for at least six months under the supervision of a licensed physical therapist at a board-approved facility. A facility that offers such practice must provide a broad base of experience including a variety of physical agents, therapeutic exercises, evaluation procedures, and patient diagnoses. Supervision must be provided by a licensed physical therapist with at least three years of clinical experience. A proposed outline of clinical experiences must be approved by the board before the facility begins offering the experience.
The applicant must satisfactorily complete the board-approved examination as stated in section 148.723.
148.73 RENEWALS.
Every licensed physical therapist and physical therapist assistant shall, before January 1 each year, apply to the board for an extension of a license and pay a fee in the amount set by the board. The extension of the license is contingent upon demonstration that the continuing education requirements set by the board under section 148.70 have been satisfied. For purposes of this section, the continuing education requirements for physical therapist assistants are the same as those for physical therapists.
148.735 CANCELLATION OF LICENSE IN GOOD STANDING.
A physical therapist or physical therapist assistant holding an active license to practice physical therapy in the state may, upon approval of the board, be granted license cancellation if the board is not investigating the person as a result of a complaint or information received or if the board has not begun disciplinary proceedings against the person. Such action by the board shall be reported as a cancellation of a license in good standing.
A physical therapist or physical therapist assistant who receives board approval for license cancellation is not entitled to a refund of any license fees paid for the licensure year in which cancellation of the license occurred.
If a physical therapist or physical therapist assistant who has been granted board approval for license cancellation desires to resume the practice of physical therapy in Minnesota, that physical therapist or physical therapist assistant must obtain a new license by applying for licensure and fulfilling the requirements then in existence for obtaining an initial license to practice physical therapy in Minnesota.
148.736 CANCELLATION OF CREDENTIALS UNDER DISCIPLINARY ORDER.
A physical therapist or physical therapist assistant whose right to practice is under suspension, condition, limitation, qualification, or restriction by the board may be granted cancellation of credentials by approval of the board. Such action by the board shall be reported as cancellation while under discipline. Credentials, for purposes of this section, means board authorized documentation of the privilege to practice physical therapy.
A physical therapist or physical therapist assistant who receives board approval for credential cancellation is not entitled to a refund of any fees paid for the credentialing year in which cancellation of the credential occurred.
If a physical therapist or physical therapist assistant who has been granted board approval for credential cancellation desires to resume the practice of physical therapy in Minnesota, that physical therapist or physical therapist assistant must obtain a new credential by applying to the board and fulfilling the requirements then in existence for obtaining an initial credential to practice physical therapy in Minnesota.
148.737 CANCELLATION OF LICENSE FOR NONRENEWAL.
The Board of Physical Therapy shall not renew, reissue, reinstate, or restore a license that has lapsed on or after January 1, 2006, and has not been renewed within two annual license renewal cycles starting January 1, 2008. A licensee whose license is canceled for nonrenewal must obtain a new license by applying for licensure and fulfilling all requirements then in existence for an initial license to practice physical therapy in Minnesota.
148.74 RULES.
The board may adopt rules needed to carry out sections 148.65 to 148.78.
148.741 APPLICABILITY OF RULES.
Minnesota Rules, parts 5601.0100 to 5601.3200, apply both to physical therapists and physical therapist assistants, except parts 5601.1300; 5601.2000; 5601.3200, subpart 2, item D; and 5601.3200, subpart 5, only apply to physical therapists.