reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 148 — Public Health Occupations › Section 148.6432 — Supervision Of Occupational Therapy Assistants.

148.6432 SUPERVISION OF OCCUPATIONAL THERAPY ASSISTANTS.
Subdivision 1.
Applicability.
If the professional standards identified in section 148.6430 permit an occupational therapist to delegate an evaluation, reevaluation, or treatment procedure, the occupational therapist must provide supervision consistent with this section.
Subd. 2.
Evaluations.
The occupational therapist shall determine the frequency of evaluations and reevaluations for each client. The occupational therapy assistant shall inform the occupational therapist of the need for more frequent reevaluation if indicated by the client's condition or response to treatment. Before delegating a portion of a client's evaluation pursuant to section 148.6430, the occupational therapist shall ensure the service competency of the occupational therapy assistant in performing the evaluation procedure and shall provide supervision consistent with the condition of the patient or client and the complexity of the evaluation procedure.
Subd. 3.
Intervention.
(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.
Subd. 4.
Exception.
The supervision requirements of this section do not apply to an occupational therapy assistant who:
(1) works in an activities program; and
(2) does not perform occupational therapy services.
The occupational therapy assistant must meet all other applicable requirements of sections 148.6401 to 148.6449.
History:
2000 c 361 s 16; 2014 c 291 art 4 s 13; 1Sp2017 c 6 art 11 s 54; 2020 c 79 art 2 s 19
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 148 — Public Health Occupations › Section 148.6435 — Coordination Of Services.

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.
History:
2000 c 361 s 17; 2020 c 79 art 2 s 20
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 148 — Public Health Occupations › Section 148.6438 — Recipient Notification.

148.6438 RECIPIENT NOTIFICATION.
Subdivision 1.
Required 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.
Subd. 2.
Evidence of recipient notification.
The occupational therapist is responsible for providing evidence of compliance with the recipient notification requirement of this section.
History:
2000 c 361 s 18; 2020 c 115 art 4 s 73; 2022 c 58 s 86
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 148 — Public Health Occupations › Section 148.66 — State Board Of Physical Therapy, Duties.

148.66 STATE BOARD OF PHYSICAL THERAPY, DUTIES.
The state Board of Physical Therapy established under section 148.67 shall administer sections 148.65 to 148.78. As used in sections 148.65 to 148.78, "board" means the state Board of Physical Therapy.
The board shall:
(1) adopt rules necessary to administer and enforce sections 148.65 to 148.78;
(2) administer, coordinate, and enforce sections 148.65 to 148.78;
(3) evaluate the qualifications of applicants;
(4) issue subpoenas, examine witnesses, and administer oaths;
(5) conduct hearings and keep records and minutes necessary to the orderly administration of sections 148.65 to 148.78;
(6) investigate persons engaging in practices that violate sections 148.65 to 148.78; and
(7) adopt rules under chapter 14 prescribing a code of ethics for licensees.
History:
1951 c 479 s 2; 1991 c 106 s 6; 1999 c 245 art 9 s 48
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 148 — Public Health Occupations › Section 148.67 — State Board Of Physical Therapy; Membership Appointments, Vacancies, Removals.

148.67 STATE BOARD OF PHYSICAL THERAPY; MEMBERSHIP APPOINTMENTS, VACANCIES, REMOVALS.
Subdivision 1.
Board of Physical Therapy appointed.
The governor shall appoint a state Board of Physical Therapy to administer sections 148.65 to 148.78, regarding the qualifications and examination of physical therapists 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.
Subd. 2.
Recommendations for appointment.
Prior to the end of the term of a member of the board, or within 60 days after a position on the board becomes vacant, the Minnesota chapter of the American Physical Therapy Association and other interested persons and organizations may recommend to the governor members qualified to serve on the board. The governor may appoint members to the board from the list of persons recommended or from among other qualified candidates.
History:
1951 c 479 s 3; 1975 c 136 s 20; 1976 c 222 s 66; 1976 c 239 s 71; 1980 c 412 s 2; 1991 c 106 s 6; 1999 c 245 art 9 s 49; 2007 c 123 s 17; 2008 c 277 art 1 s 18
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 148 — Public Health Occupations › Section 148.691 — Officers; Executive Director.

148.691 OFFICERS; EXECUTIVE DIRECTOR.
Subdivision 1.
Officers of the board.
The board shall elect from its members a president, a vice-president, and a secretary-treasurer. Each shall serve for one year or until a successor is elected and qualifies. The board shall appoint and employ an executive secretary. A majority of the board, including one officer, constitutes a quorum at a meeting.
Subd. 2.
Board authority to hire.
The board may employ persons needed to carry out its work.
Subd. 3.
[Repealed, 2007 c 123 s 137]
History:
1999 c 245 art 9 s 50; 2000 c 284 s 3
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 148 — Public Health Occupations › Section 148.70 — Applicants, Qualifications.

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.
History:
1951 c 479 s 6; 1973 c 725 s 17; 1975 c 136 s 21; 1980 c 412 s 3; 1986 c 444; 1988 c 549 s 1; 1991 c 106 s 6; 1995 c 18 s 10; 1999 c 245 art 9 s 51; 2007 c 123 s 18
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 148 — Public Health Occupations › Section 148.706 — Physical Therapist Assistants, Aides, And Students.

148.706 PHYSICAL THERAPIST ASSISTANTS, AIDES, AND STUDENTS.
Subdivision 1.
Supervision.
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.
Subd. 2.
Delegation of duties.
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.
Subd. 3.
Observation of physical therapist assistants.
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.
Subd. 4.
Observation of physical therapy aides.
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.
History:
1980 c 412 s 11; 1986 c 444; 2005 c 147 art 2 s 6; 2007 c 123 s 20
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 148 — Public Health Occupations › Section 148.715 — Fees.

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.
History:
2007 c 123 s 36; 2007 c 147 art 9 s 26
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 148 — Public Health Occupations › Section 148.721 — Educational Requirements For Licensed Physical Therapist.

148.721 EDUCATIONAL REQUIREMENTS FOR LICENSED PHYSICAL THERAPIST.
Subdivision 1.
Accredited program.
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.
Subd. 2.
General education.
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.
History:
2007 c 123 s 22
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 148 — Public Health Occupations › Section 148.722 — Educational Requirements For Licensed Physical Therapist Assistant.

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.
History:
2007 c 123 s 23
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 148 — Public Health Occupations › Section 148.723 — Examination For Licensed Physical Therapist.

148.723 EXAMINATION FOR LICENSED PHYSICAL THERAPIST.
Subdivision 1.
National test.
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.
Subd. 2.
Examinations taken on or before July 1, 1995.
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.
Subd. 3.
Examinations taken after July 1, 1995.
The passing score for qualifying examinations taken after July 1, 1995, shall be based on objective, numerical standards established by the administering testing agency.
History:
2007 c 123 s 24
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 148 — Public Health Occupations › Section 148.724 — Examination For Licensed Physical Therapist Assistant.

148.724 EXAMINATION FOR LICENSED PHYSICAL THERAPIST ASSISTANT.
Subdivision 1.
National test.
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.
Subd. 2.
Examinations taken on or before July 1, 1995.
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.
Subd. 3.
Examinations taken after July 1, 1995.
The passing score for qualifying examinations taken after July 1, 1995, shall be based on objective, numerical standards established by the administering testing agency.
Subd. 4.
MS 2007 Supp [Expired, 2007 c123 s 25]
History:
2007 c 123 s 25; 2023 c 25 s 52
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 148 — Public Health Occupations › Section 148.725 — Requirements For Foreign-educated Applicants.

148.725 REQUIREMENTS FOR FOREIGN-EDUCATED APPLICANTS.
Subdivision 1.
Scope and documentation.
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.
Subd. 2.
Education evaluation.
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.
Subd. 3.
English test.
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.
Subd. 4.
Experience.
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.
Subd. 5.
Examination.
The applicant must satisfactorily complete the board-approved examination as stated in section 148.723.
History:
2007 c 123 s 26; 2009 c 86 art 1 s 21; 2017 c 40 art 1 s 36
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 148 — Public Health Occupations › Section 148.73 — Renewals.

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.
History:
1951 c 479 s 9; 1959 c 282 s 1; 1961 c 323 s 1; 1980 c 412 s 7; 1986 c 444; 1988 c 549 s 2; 1999 c 245 art 9 s 57; 2007 c 123 s 27
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 148 — Public Health Occupations › Section 148.735 — Cancellation Of License In Good Standing.

148.735 CANCELLATION OF LICENSE IN GOOD STANDING.
Subdivision 1.
Board approval; reporting.
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.
Subd. 2.
Fees nonrefundable.
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.
Subd. 3.
New license after cancellation.
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.
History:
2005 c 147 art 2 s 7; 2007 c 123 s 28
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 148 — Public Health Occupations › Section 148.736 — Cancellation Of Credentials Under Disciplinary Order.

148.736 CANCELLATION OF CREDENTIALS UNDER DISCIPLINARY ORDER.
Subdivision 1.
Board approval; reporting.
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.
Subd. 2.
Fees nonrefundable.
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.
Subd. 3.
New credential after cancellation.
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.
History:
2005 c 147 art 2 s 8; 2007 c 123 s 29; 2008 c 277 art 1 s 19,20
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 148 — Public Health Occupations › Section 148.737 — Cancellation Of License For Nonrenewal.

148.737 CANCELLATION OF LICENSE FOR NONRENEWAL.
The Board of Physical Therapy shall not renew, reissue, reinstate, or restore a license that has lapsed on or after January 1, 2006, and has not been renewed within two annual license renewal cycles starting January 1, 2008. A licensee whose license is canceled for nonrenewal must obtain a new license by applying for licensure and fulfilling all requirements then in existence for an initial license to practice physical therapy in Minnesota.
History:
2005 c 147 art 2 s 9
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 148 — Public Health Occupations › Section 148.74 — Rules.

148.74 RULES.
The board may adopt rules needed to carry out sections 148.65 to 148.78.
History:
1951 c 479 s 10; 1977 c 305 s 45; 1980 c 412 s 8; 1985 c 248 s 70; 1988 c 549 s 3; 1999 c 245 art 9 s 58; 2007 c 123 s 30
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 148 — Public Health Occupations › Section 148.741 — Applicability Of Rules.

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.
History:
2007 c 123 s 135; 2013 c 125 art 1 s 33; 2016 c 158 art 1 s 68
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 148 — Public Health Occupations › Section 148.754 — Examination; Access To Medical Data.

148.754 EXAMINATION; ACCESS TO MEDICAL DATA.
(a) If the board has probable cause to believe that a licensee comes under section 148.75, paragraph (a), clause (2), it may direct the licensee to submit to a mental or physical examination. For the purpose of this paragraph, every licensee is deemed to have consented to submit to a mental or physical examination when directed in writing by the board and further to have waived all objections to the admissibility of the examining physicians' testimony or examination reports on the ground that they constitute a privileged communication. Failure of the licensee to submit to an examination when directed constitutes an admission of the allegations against the person, unless the failure was due to circumstances beyond the person's control, in which case a default and final order may be entered without the taking of testimony or presentation of evidence. A licensee affected under this paragraph shall, at reasonable intervals, be given an opportunity to demonstrate that the person can resume the competent practice of physical therapy with reasonable skill and safety to the public.
(b) In any proceeding under paragraph (a), neither the record of proceedings nor the orders entered by the board shall be used against a licensee in any other proceeding.
(c) In addition to ordering a physical or mental examination, the board may, notwithstanding section 13.384, 144.651, or any other law limiting access to medical or other health data, obtain medical data and health records relating to a licensee or applicant without the person's or applicant's consent if the board has probable cause to believe that the person comes under paragraph (a). The medical data may be requested from a provider, as defined in section 144.291, subdivision 2, paragraph (i), an insurance company, or a government agency, including the Department of Human Services. A provider, insurance company, or government agency shall comply with any written request of the board under this paragraph and is not liable in any action for damages for releasing the data requested by the board if the data are released pursuant to a written request under this paragraph, unless the information is false and the provider giving the information knew, or had reason to believe, the information was false. Information obtained under this paragraph is classified as private under sections 13.01 to 13.87.
History:
2005 c 147 art 2 s 11; 2007 c 123 s 32; 2007 c 147 art 10 s 15; 2020 c 83 art 2 s 10
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 148 — Public Health Occupations › Section 148.755 — Temporary Suspension Of License.

148.755 TEMPORARY SUSPENSION OF LICENSE.
In addition to any other remedy provided by law, the board may, without a hearing, temporarily suspend the license of a licensee if the board finds that the licensee has violated a statute or rule which the board is empowered to enforce and continued practice by the licensee would create a serious risk of harm to the public. The suspension shall take effect upon written notice to the licensee, specifying the statute or rule violated. The suspension shall remain in effect until the board issues a final order in the matter after a hearing. At the time it issues the suspension notice, the board shall schedule a disciplinary hearing to be held pursuant to the Administrative Procedure Act, chapter 14. The licensee shall be provided with at least 20 days' notice of any hearing held pursuant to this section. The hearing shall be scheduled to begin no later than 30 days after the issuance of the suspension order.
History:
2005 c 147 art 2 s 12; 2007 c 123 s 33
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 148 — Public Health Occupations › Section 148.78 — Prosecution, Allegations.

148.78 PROSECUTION, ALLEGATIONS.
In the prosecution of any person for violation of sections 148.65 to 148.78 as specified in section 148.76, it shall not be necessary to allege or prove want of a valid license as a physical therapist or physical therapist assistant, but shall be a matter of defense to be established by the accused.
History:
1951 c 749 s 14; 1980 c 412 s 13; 1999 c 245 art 9 s 62; 2007 c 123 s 35
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 148 — Public Health Occupations › Section 148.7802 — Definitions.

148.7802 DEFINITIONS.
Subdivision 1.
Applicability.
The definitions in this section apply to this chapter.
Subd. 2.
Approved continuing education program.
"Approved continuing education program" means a continuing education program that meets the maintenance of competence requirements in section 148.7812 and is approved by the board.
Subd. 3.
Approved education program.
"Approved education program" means an education program offered by an accredited university, college, or other postsecondary institution that, at the time the student completes the program, makes the student eligible to attain national certification as an athletic trainer from the Board of Certification for the Athletic Trainer or its recognized successor.
Subd. 4.
Athlete.
"Athlete" means a person participating in exercises, sports, games, or recreation requiring physical strength, agility, flexibility, range of motion, speed, or stamina.
Subd. 5.
Athletic injury.
"Athletic injury" means an injury sustained by a person as a result of the person's participation in exercises, sports, games, or recreation requiring physical strength, agility, flexibility, range of motion, speed, or stamina.
Subd. 6.
Athletic trainer.
"Athletic trainer" means a person who engages in athletic training under section 148.7806 and is licensed under section 148.7808.
Subd. 7.
Board.
"Board" means the Board of Medical Practice.
Subd. 8.
Credential.
"Credential" means a license, permit, certification, registration, or other evidence of qualification or authorization to practice as an athletic trainer in this state or any other state.
Subd. 9.
Credentialing examination.
"Credentialing examination" means an examination administered by the Board of Certification for the Athletic Trainer or its recognized successor.
Subd. 10.
Primary employment site.
"Primary employment site" means the institution, organization, corporation, or sports team where the athletic trainer is employed for the practice of athletic training.
Subd. 11.
Primary physician.
"Primary physician" means a licensed medical physician who serves as a medical consultant to an athletic trainer.
History:
1993 c 232 s 3; 2014 c 291 art 4 s 14,15; 2018 c 143 s 1-4; 2019 c 50 art 1 s 51
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 148 — Public Health Occupations › Section 148.7803 — Prohibited Practice Or Use Of Titles; Penalty.

148.7803 PROHIBITED PRACTICE OR USE OF TITLES; PENALTY.
Subdivision 1.
License required.
No person shall engage in athletic training without first being licensed under sections 148.7801 to 148.7815. A person engages in athletic training if the person performs or offers to perform athletic training as defined in section 148.7806.
Subd. 2.
Designation.
(a) A person shall not use in connection with the person's name or in any form of advertising, professional literature, or billing that relates to the person's occupation or profession as an athletic trainer, the words or letters registered athletic trainer; licensed athletic trainer; Minnesota registered athletic trainer; athletic trainer; AT; LAT; ATR; or any words, letters, abbreviations, or insignia indicating or implying that the person is an athletic trainer, without being licensed as an athletic trainer under sections 148.7801 to 148.7815.
(b) Any person who is exempt from licensure under subdivision 3 must not use any of the titles identified in paragraph (a), or any description stating or implying that they are engaged in the practice of athletic training or that they are licensed to engage in the practice of athletic training.
Subd. 3.
Exceptions.
(a) Nothing in sections 148.7801 to 148.7815 shall be construed to prohibit the practice of any profession or occupation licensed or registered by the state or to perform any act that falls within the scope of practice of the licensed or registered profession or occupation.
(b) Nothing in sections 148.7801 to 148.7815 shall be construed to require an athletic trainer license for:
(1) a student engaged in athletic training as part of an accredited athletic training program if the student is under the direct supervision of a licensed athletic trainer and is identified as an "athletic training student"; or
(2) an athletic trainer as a member of the United States armed forces while performing duties incident to duty.
Subd. 4.
Penalty.
A person who violates this section is guilty of a misdemeanor and subject to section 214.11.
History:
1993 c 232 s 4; 2014 c 291 art 4 s 16; 2018 c 143 s 5
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 148 — Public Health Occupations › Section 148.7804 — Powers Of The Board.

148.7804 POWERS OF THE BOARD.
The board, acting under the advice of the Athletic Trainers Advisory Council, shall issue all licenses and shall exercise the following powers and duties:
(1) adopt rules necessary to implement sections 148.7801 to 148.7815;
(2) prescribe license application forms, license forms, protocol forms, and other necessary forms;
(3) approve a licensure examination;
(4) keep a complete record of licensed athletic trainers, prepare a current official listing of the names and addresses of licensed athletic trainers, and make a copy of the list available to any person requesting it upon payment of a copying fee established by the board;
(5) keep a permanent record of all its proceedings; and
(6) establish the duties of, and employ, clerical personnel.
History:
1993 c 232 s 5; 2018 c 143 s 6
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 148 — Public Health Occupations › Section 148.7805 — Athletic Trainers Advisory Council.

148.7805 ATHLETIC TRAINERS ADVISORY COUNCIL.
Subdivision 1.
Membership.
The Athletic Trainers Advisory Council is created and is composed of eight members appointed by the board. The advisory council consists of:
(1) two public members as defined in section 214.02;
(2) three members who are licensed athletic trainers, one being both a licensed physical therapist and licensed athletic trainer as submitted by the Minnesota American Physical Therapy Association;
(3) two members who are medical physicians licensed by the state and have experience with athletic training and sports medicine; and
(4) one member who is a doctor of chiropractic licensed by the state and has experience with athletic training and sports injuries.
Subd. 2.
Administration.
The advisory council is established and administered under section 15.059.
Subd. 3.
Duties.
The advisory council shall:
(1) advise the board regarding standards for athletic trainers;
(2) distribute information regarding athletic trainer standards;
(3) advise the board on enforcement of sections 148.7801 to 148.7815;
(4) review license applications and license renewal applications and make recommendations to the board;
(5) review complaints in accordance with sections 214.10 and 214.13, subdivision 6;
(6) review investigation reports of complaints and recommend to the board whether disciplinary action should be taken;
(7) advise the board regarding evaluation and treatment protocols;
(8) advise the board regarding approval of continuing education programs; and
(9) perform other duties authorized for advisory councils under chapter 214, as directed by the board.
History:
1993 c 232 s 6; 2000 c 260 s 25; 2014 c 286 art 8 s 20; 2014 c 291 art 4 s 17; 2018 c 143 s 7,8
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 148 — Public Health Occupations › Section 148.7806 — Athletic Training.

148.7806 ATHLETIC TRAINING.
Athletic training by a licensed athletic trainer under section 148.7808 includes the activities described in paragraphs (a) to (e).
(a) An athletic trainer shall:
(1) prevent, recognize, and evaluate athletic injuries;
(2) give emergency care and first aid;
(3) manage and treat athletic injuries; and
(4) rehabilitate and physically recondition athletic injuries.
The athletic trainer may use modalities such as cold, heat, light, sound, electricity, exercise, and mechanical devices for treatment and rehabilitation of athletic injuries to athletes in the primary employment site.
(b) The primary physician shall establish evaluation and treatment protocols to be used by the athletic trainer. The primary physician shall record the protocols on a form prescribed by the board. The protocol form must be updated yearly at the athletic trainer's license renewal time and kept on file by the athletic trainer.
(c) At the primary employment site, except in a corporate setting, an athletic trainer may evaluate and treat an athlete for an athletic injury not previously diagnosed for not more than 30 days, or a period of time as designated by the primary physician on the protocol form, from the date of the initial evaluation and treatment. Preventative care after resolution of the injury is not considered treatment. This paragraph does not apply to a person who is referred for treatment by a person licensed in this state to practice medicine as defined in section 147.081, to practice chiropractic as defined in section 148.01, to practice podiatry as defined in section 153.01, or to practice dentistry as defined in section 150A.05 and whose license is in good standing.
(d) An athletic trainer may:
(1) organize and administer an athletic training program including, but not limited to, educating and counseling athletes;
(2) monitor the signs, symptoms, general behavior, and general physical response of an athlete to treatment and rehabilitation including, but not limited to, whether the signs, symptoms, reactions, behavior, or general response show abnormal characteristics; and
(3) make suggestions to the primary physician or other treating provider for a modification in the treatment and rehabilitation of an injured athlete based on the indicators in clause (2).
(e) In a clinical, corporate, and physical therapy setting, when the service provided is, or is represented as being, physical therapy, an athletic trainer may work only under the direct supervision of a physical therapist as defined in section 148.65.
History:
1993 c 232 s 7; 2018 c 143 s 9
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 148 — Public Health Occupations › Section 148.7807 — Limitations On Practice.

148.7807 LIMITATIONS ON PRACTICE.
If an athletic trainer determines that a patient's medical condition is beyond the scope of practice of that athletic trainer, the athletic trainer must refer the patient to a person licensed in this state to practice medicine as defined in section 147.081, to practice chiropractic as defined in section 148.01, to practice podiatry as defined in section 153.01, or to practice dentistry as defined in section 150A.05 and whose license is in good standing and in accordance with established evaluation and treatment protocols. An athletic trainer shall modify or terminate treatment of a patient that is not beneficial to the patient, or that is not tolerated by the patient.
History:
1993 c 232 s 8
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 148 — Public Health Occupations › Section 148.7808 — Licensure; Requirements.

148.7808 LICENSURE; REQUIREMENTS.
Subdivision 1.
Licensure.
The board may issue an athletic trainer license to applicants who meet the requirements under this section. An applicant for licensure as an athletic trainer shall:
(1) pay a fee under section 148.7815;
(2) file a written application on a form, provided by the board, that includes:
(i) the applicant's name, Social Security number, home address and telephone number, business address and telephone number, and business setting;
(ii) evidence satisfactory to the board of current national credentialing as a certified athletic trainer by the Board of Certification for the Athletic Trainer or its recognized successor;
(iii) educational background;
(iv) credentials held in this state or in other jurisdictions;
(v) a description of any jurisdiction's refusal to credential the applicant;
(vi) a description of all professional disciplinary actions initiated against the applicant in any jurisdiction;
(vii) any history of drug or alcohol abuse, and any misdemeanor or felony conviction;
(viii) additional information as requested by the board;
(ix) the applicant's signature on a statement that the information in the application is true and correct to the best of the applicant's knowledge and belief; and
(x) the applicant's signature on a waiver authorizing the board to obtain access to the applicant's records in this state or any other state in which the applicant has completed an education program approved by the board, engaged in the practice of athletic training, or held other professional credentials;
(3) if the applicant holds or has held a credential as an athletic trainer in another jurisdiction, provide verification from the credentialing body in each jurisdiction that the applicant holds or has held a credential for the practice of athletic training; and
(4) if the applicant holds or has held a credential as another health professional in this state or another jurisdiction, provide verification from the credentialing body for that profession that the applicant holds or has held a credential for the practice of that profession.
Subd. 2.
[Repealed, 2014 c 291 art 4 s 59]
Subd. 3.
MS 2016 [Repealed, 2018 c 143 s 26]
Subd. 4.
MS 2016 [Repealed, 2018 c 143 s 26]
Subd. 5.
MS 2016 [Repealed, 2018 c 143 s 26]
History:
1993 c 232 s 9; 1999 c 33 s 7,8; 2014 c 291 art 4 s 18,19; 2018 c 143 s 10,25
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 148 — Public Health Occupations › Section 148.7809 — License Renewal.

148.7809 LICENSE RENEWAL.
Subdivision 1.
Requirements for license renewal.
An athletic trainer license issued under section 148.7808 expires annually. To renew a license, an athletic trainer shall pay a fee as required by section 148.7815 and complete a renewal application on a form provided by the board that includes:
(1) the athletic trainer's name, Minnesota athletic trainer license number, home address and telephone number, business address and telephone number, and business setting;
(2) work history for the past year, including the average number of hours worked per week;
(3) a report of any change in status since initial licensure or previous license renewal;
(4) evidence satisfactory to the board of having met the continuing education requirements of section 148.7812;
(5) the athletic trainer's signature on a statement that a current copy of the protocol form is on file at the athletic trainer's primary employment site;
(6) any history of drug or alcohol abuse, and any misdemeanor or felony conviction; and
(7) any disciplinary action on any credential held in this state or in another jurisdiction.
Subd. 2.
License renewal notice.
The board shall annually send out a renewal notice to an athletic trainer's last known address on file with the board. The notice shall include an application for license renewal and notice of the fees required for renewal. An athletic trainer who does not receive a renewal notice must still meet the requirements for license renewal under this section.
Subd. 3.
Renewal deadline.
(a) An application for renewal of licensure must be postmarked on or before July 1 of each year. If the postmark is illegible, the application is considered timely if received in the board office by the third working day after July 1.
(b) An application for renewal of licensure submitted after the deadline date must include a late fee under section 148.7815.
Subd. 4.
Licensure following lapse of licensed status for two years or less.
(a) In order to regain licensed status, an athletic trainer whose license has lapsed for two years or less must:
(1) apply for license renewal under subdivision 1;
(2) document compliance with the continuing education requirements in section 148.7812 since the athletic trainer's initial licensure or last renewal; and
(3) submit the fees required by section 148.7815 for the period the athletic trainer was not licensed, including the fee for late renewal.
(b) The board shall not renew, reissue, reinstate, or restore a license that has lapsed after June 30, 1999, and has not been renewed within two annual renewal cycles starting July 1, 2001. An athletic trainer whose 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.
History:
1993 c 232 s 10; 2001 c 31 s 2; 2018 c 143 s 11-13,25
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 148 — Public Health Occupations › Section 148.7810 — Board Action On Applications.

148.7810 BOARD ACTION ON APPLICATIONS.
Subdivision 1.
Verification of application information.
The board or advisory council, with the approval of the board, may verify information provided by an applicant for licensure under section 148.7808 and license renewal under section 148.7809 to determine whether the information is accurate and complete.
Subd. 2.
Notification of board action.
Within 120 days of receipt of the application, the board shall notify each applicant in writing of the action taken on the application.
Subd. 3.
Request for hearing by applicant denied licensure.
An applicant denied licensure shall be notified of the determination, and the grounds for it, and may request a hearing on the determination under Minnesota Rules, part 5615.0300, by filing a written statement of issues with the board within 20 days after receipt of the notice from the board. After the hearing, the board shall notify the applicant in writing of its decision.
History:
1993 c 232 s 11; 2018 c 143 s 14,15
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 148 — Public Health Occupations › Section 148.7811 — Change Of Address.

148.7811 CHANGE OF ADDRESS.
A licensed athletic trainer must notify the board, in writing, within 30 days of a change of address.
History:
1993 c 232 s 12; 2018 c 143 s 16