reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 148 — Public Health Occupations › Section 148.5175 — Temporary Licensure.

148.5175 TEMPORARY LICENSURE.
(a) The commissioner shall issue temporary licensure as a speech-language pathologist, an audiologist, or both, to an applicant who:
(1) submits a signed and dated affidavit stating that the applicant is not the subject of a disciplinary action or past disciplinary action in this or another jurisdiction and is not disqualified on the basis of section 148.5195, subdivision 3; and
(2) either:
(i) provides a copy of a current credential as a speech-language pathologist, an audiologist, or both, held in the District of Columbia or a state or territory of the United States; or
(ii) provides a copy of a current certificate of clinical competence issued by the American Speech-Language-Hearing Association or board certification in audiology by the American Board of Audiology.
(b) A temporary license issued to a person under this subdivision expires 90 days after it is issued or on the date the commissioner grants or denies licensure, whichever occurs first.
(c) Upon application, a temporary license shall be renewed twice to a person who is able to demonstrate good cause for failure to meet the requirements for licensure within the initial temporary licensure period and who is not the subject of a disciplinary action or disqualified on the basis of section 148.5195, subdivision 3. Good cause includes but is not limited to inability to take and complete the required practical exam for dispensing prescription hearing aids.
(d) Upon application, a temporary license shall be issued to a person who meets the requirements of section 148.515, subdivisions 2a and 4, but has not completed the requirement in section 148.515, subdivision 6.
History:
1996 c 363 s 7; 2000 c 460 s 24; 2003 c 87 s 27,52; 2004 c 279 art 1 s 12; 2006 c 267 art 2 s 6; 2008 c 189 s 9; 2023 c 70 art 3 s 42
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 148 — Public Health Occupations › Section 148.518 — Licensure Following Lapse Of Licensure Status.

148.518 LICENSURE FOLLOWING LAPSE OF LICENSURE STATUS.
For an applicant whose licensure status has lapsed, the applicant must:
(1) apply for licensure renewal according to section 148.5191 and document compliance with the continuing education requirements of section 148.5193 since the applicant's license lapsed;
(2) fulfill the requirements of section 148.517;
(3) apply for renewal according to section 148.5191, provide evidence to the commissioner that the applicant holds a current and unrestricted credential for the practice of speech-language pathology from the Professional Educator Licensing and Standards Board or for the practice of speech-language pathology or audiology in another jurisdiction that has requirements equivalent to or higher than those in effect for Minnesota, and provide evidence of compliance with Professional Educator Licensing and Standards Board or that jurisdiction's continuing education requirements;
(4) apply for renewal according to section 148.5191 and submit verified documentation of successful completion of 160 hours of supervised practice approved by the commissioner. To participate in a supervised practice, the applicant shall first apply and obtain temporary licensing according to section 148.5161; or
(5) apply for renewal according to section 148.5191 and provide documentation of obtaining a qualifying score on the examination described in section 148.515, subdivision 4, within one year of the application date for license renewal.
History:
1996 c 363 s 8; 1998 c 317 s 4; 2000 c 460 s 25; 2002 c 227 s 1; 2003 c 87 s 28; 2004 c 279 art 1 s 13; 2006 c 267 art 2 s 7; 1Sp2017 c 5 art 12 s 22
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 148 — Public Health Occupations › Section 148.5191 — Licensure Renewal.

148.5191 LICENSURE RENEWAL.
Subdivision 1.
Renewal requirements.
To renew licensure, an applicant must:
(1) biennially complete a renewal application on a form provided by the commissioner and submit the biennial renewal fee;
(2) meet the continuing education requirements of section 148.5193 and submit evidence of attending continuing education courses, as required in section 148.5193, subdivision 6; and
(3) submit additional information if requested by the commissioner to clarify information presented in the renewal application. The information must be submitted within 30 days after the commissioner's request.
Subd. 2.
Late fee.
An application submitted after the renewal deadline date must be accompanied by a late fee as provided in section 148.5194, subdivision 4.
Subd. 3.
Licensure renewal notice.
Licensure renewal is on a biennial basis. At least 60 days before the licensure expiration date, the commissioner shall send out a renewal notice to the licensee's last known address. The notice shall include a renewal application and notice of fees required for renewal. If the licensee does not receive the renewal notice, the licensee is still required to meet the deadline for renewal to qualify for continuous licensure status.
Subd. 4.
Renewal deadline.
Each license, including a temporary license provided under section 148.5161, must state an expiration date. An application for licensure renewal must be received by the Department of Health or postmarked at least 30 days before the expiration date. If the postmark is illegible, the application shall be considered timely if received at least 21 days before the expiration date.
When the commissioner establishes the renewal schedule for an applicant, licensee, or temporary licensee, if the period before the expiration date is less than two years, the fee shall be prorated.
History:
1996 c 363 s 10; 1998 c 317 s 5-7; 2003 c 87 s 30
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 148 — Public Health Occupations › Section 148.5197 — Hearing Aid Dispensing.

148.5197 HEARING AID DISPENSING.
Subdivision 1.
Content of contracts.
Oral statements made by an audiologist or certified dispenser regarding the provision of warranties, refunds, and service on the prescription hearing aid or aids dispensed must be written on, and become part of, the contract of sale, specify the item or items covered, and indicate the person or business entity obligated to provide the warranty, refund, or service.
Subd. 2.
Required use of license number.
The audiologist's license number or certified dispenser's certificate number must appear on all contracts, bills of sale, and receipts used in the sale of prescription hearing aids.
Subd. 3.
Consumer rights information.
An audiologist or certified dispenser shall, at the time of the prescription, give a consumer rights brochure, prepared by the commissioner and containing information about legal requirements pertaining to dispensing of prescription hearing aids, to each potential consumer of a prescription hearing aid. The brochure must contain information about the consumer information center described in section 153A.18. A contract for a prescription hearing aid must note the receipt of the brochure by the consumer, along with the consumer's signature or initials.
Subd. 4.
Liability for contracts.
Owners of entities in the business of dispensing prescription hearing aids, employers of audiologists or persons who dispense prescription hearing aids, supervisors of trainees or audiology students, and hearing aid dispensers conducting the transaction at issue are liable for satisfying all terms of contracts, written or oral, made by their agents, employees, assignees, affiliates, or trainees, including terms relating to products, repairs, warranties, service, and refunds. The commissioner may enforce the terms of prescription hearing aid contracts against the principal, employer, supervisor, or dispenser who conducted the transaction and may impose any remedy provided for in this chapter.
History:
2005 c 147 art 7 s 9; 2023 c 70 art 3 s 45
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 148 — Public Health Occupations › Section 148.52 — Board Of Optometry.

148.52 BOARD OF OPTOMETRY.
The Board of Optometry shall consist of two public members as defined by section 214.02 and five Minnesota licensed optometrists appointed by the governor. Membership terms, compensation of members, removal of members, the filling of membership vacancies, and fiscal year and reporting requirements shall be as provided in sections 214.07 to 214.09.
The provision of staff, administrative services and office space; the review and processing of complaints; the setting of board fees; and other provisions relating to board operations shall be as provided in chapter 214.
History:
(5785) 1915 c 127 s 1; 1925 c 239 s 1; 1929 c 420 s 1; 1973 c 62 s 1; 1973 c 638 s 20; 1975 c 136 s 16; 1976 c 222 s 61; 1976 c 239 s 56; 1991 c 199 art 1 s 42; 2015 c 71 art 10 s 1
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 148 — Public Health Occupations › Section 148.53 — Powers Of Board.

148.53 POWERS OF BOARD.
The state Board of Optometry shall have the power to make any rules and to do any and all things not inconsistent with law which it may deem necessary or expedient for the effective enforcement of sections 148.52 to 148.62 or for the full and efficient performance of its duties thereunder.
History:
(5786) 1915 c 127 s 2; 1925 c 239 s 2; 1929 c 420 s 2; 1985 c 248 s 70
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 148 — Public Health Occupations › Section 148.54 — Board; Seal.

148.54 BOARD; SEAL.
The Board of Optometry shall elect from among its members a president, vice president, and secretary and may adopt a seal.
History:
(5787) 1915 c 127 s 3; 1925 c 239 s 3; 1949 c 267 s 1; 1975 c 136 s 17; 1976 c 222 s 62; 2015 c 71 art 10 s 2
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 148 — Public Health Occupations › Section 148.574 — Prohibitions Relating To Legend Drugs.

148.574 PROHIBITIONS RELATING TO LEGEND DRUGS.
Notwithstanding sections 151.37 and 152.12, an optometrist is prohibited from dispensing legend drugs at retail, unless the legend drug is within the scope designated in section 148.56, subdivision 1, and is administered to the eye through an ophthalmic good as defined in section 145.711, subdivision 4.
History:
1982 c 388 s 4; 1993 c 121 s 5; 2003 c 62 s 2; 2008 c 262 s 5; 2015 c 71 art 10 s 6
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 148 — Public Health Occupations › Section 148.575 — Certificate Required For Use Of Legend Drugs.

148.575 CERTIFICATE REQUIRED FOR USE OF LEGEND DRUGS.
Subdivision 1.
[Repealed, 2015 c 71 art 10 s 34]
Subd. 2.
Requirements defined.
A licensed optometrist shall comply with the following requirements for the use of legend drugs:
(1) successful completion of at least 100 hours of study in the examination, diagnosis, and treatment of conditions of the human eye with legend drugs;
(2) successful completion of two years of supervised clinical experience in differential diagnosis of eye disease or disorders as part of optometric training or one year of that experience and ten years of actual clinical experience as a licensed optometrist; and
(3) successful completion of a nationally standardized examination approved or administered by the board on the subject of treatment and management of ocular disease.
Subd. 3.
[Repealed, 2015 c 71 art 10 s 34]
Subd. 4.
Accreditation of courses.
The Board of Optometry may approve courses of study in general or ocular pharmacology and examination, diagnosis, and treatment of conditions of the human eye only if they are taught by an institution that meets the following criteria:
(1) the institution has facilities for both didactic and clinical instruction in pharmacology and ocular disease treatment;
(2) the institution certifies to the Board of Optometry that the course of instruction is comparable in content to courses of instruction required by other health-related licensing boards whose license holders or registrants are permitted to administer pharmaceutical agents in their professional practice for either diagnostic or therapeutic purposes or both; and
(3) the institution is accredited by a regional or professional accrediting organization recognized by the Council for Higher Education Accreditation or its successor agency.
Subd. 5.
[Repealed, 2015 c 71 art 10 s 34]
Subd. 6.
[Repealed, 2015 c 71 art 10 s 34]
History:
1993 c 121 s 6; 2003 c 62 s 3,4; 2008 c 262 s 6; 2015 c 71 art 10 s 7
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 148 — Public Health Occupations › Section 148.577 — Standard Of Care.

148.577 STANDARD OF CARE.
A licensed optometrist is held to the same standard of care in the use of those legend drugs as physicians licensed by the state of Minnesota.
History:
1993 c 121 s 8; 2003 c 62 s 6; 2015 c 71 art 10 s 8
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 148 — Public Health Occupations › Section 148.59 — License Renewal; License And Registration Fees.

148.59 LICENSE RENEWAL; LICENSE AND REGISTRATION FEES.
A licensed optometrist shall pay to the state Board of Optometry a fee as set by the board in order to renew a license as provided by board rule. No fees shall be refunded. Fees may not exceed the following amounts but may be adjusted lower by board direction and are for the exclusive use of the board:
(1) optometry licensure application, $160;
(2) optometry annual licensure renewal, $200;
(3) optometry late penalty fee, $75;
(4) annual license renewal card, $10;
(5) continuing education provider application, $45;
(6) emeritus registration, $10;
(7) endorsement/reciprocity application, $160;
(8) replacement of initial license, $12;
(9) license verification, $50;
(10) state jurisprudence examination, $75;
(11) optometric education continuing education data bank registration, $25; and
(12) miscellaneous labels and data retrieval, $50.
History:
(5792) 1915 c 127 s 8; 1925 c 239 s 8; 1949 c 267 s 4; 1959 c 378 s 1; 1967 c 381 s 4; 1973 c 62 s 6; 1976 c 222 s 64; 1986 c 444; 2015 c 71 art 10 s 9; 1Sp2019 c 9 art 10 s 7
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 148 — Public Health Occupations › Section 148.595 — Temporary Military Permit; Fee.

148.595 TEMPORARY MILITARY PERMIT; FEE.
The Board of Optometry shall establish a temporary permit in accordance with section 197.4552. The fee for the temporary military permit is $250.
History:
2014 c 312 art 4 s 10
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 148 — Public Health Occupations › Section 148.60 — Expenses.

148.60 EXPENSES.
The expenses of administering sections 148.52 to 148.62 shall be paid from appropriations made to the Board of Optometry.
History:
(5793) 1915 c 127 s 9; 1925 c 239 s 9; 1955 c 847 s 14; 1973 c 638 s 21; 1975 c 136 s 19; 1976 c 222 s 65
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 148 — Public Health Occupations › Section 148.604 — Reporting Obligations.

148.604 REPORTING OBLIGATIONS.
Subdivision 1.
Permission to report.
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.
Subd. 2.
Institutions.
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.
Subd. 3.
Licensed professionals.
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.
Subd. 4.
Self-reporting.
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.
Subd. 5.
Deadlines; forms; rulemaking.
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.
Subd. 6.
Subpoenas.
The board may issue subpoenas for the production of any reports required by subdivisions 2 to 4 or any related documents.
History:
2015 c 71 art 10 s 11
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 148 — Public Health Occupations › Section 148.605 — Immunity.

148.605 IMMUNITY.
Subdivision 1.
Reporting.
Any person, health care facility, business, or organization is immune from civil liability or criminal prosecution for submitting a report to the board pursuant to section 148.604 or for otherwise reporting to the board violations or alleged violations of section 148.603, if they are acting in good faith and in the exercise of reasonable care.
Subd. 2.
Investigation; indemnification.
(a) Members of the board, persons employed by the board, and consultants retained by the board for the purpose of investigation of violations, the preparation of charges, and management of board orders on behalf of the board are immune from civil liability and criminal prosecution for any actions, transactions, or publications in the execution of, or relating to, their duties under sections 148.52 to 148.62, if they are acting in good faith and in the exercise of reasonable care.
(b) Members of the board and persons employed by the board or engaged in maintaining records and making reports regarding adverse health care events are immune from civil liability and criminal prosecution for any actions, transactions, or publications in the execution of, or relating to, their duties under sections 148.52 to 148.62, if they are acting in good faith and in the exercise of reasonable care.
(c) For purposes of this section, a member of the board or a consultant described in paragraph (a) is considered a state employee under section 3.736, subdivision 9.
History:
2015 c 71 art 10 s 12
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 148 — Public Health Occupations › Section 148.606 — Optometrist Cooperation.

148.606 OPTOMETRIST COOPERATION.
An optometrist who is the subject of an investigation by or on behalf of the board shall cooperate fully with the investigation. Cooperation includes responding fully and promptly to any question raised by or on behalf of the board relating to the subject of the investigation and providing copies of patient medical records, as reasonably requested by the board, to assist the board in its investigation. If the board does not have written consent from a patient permitting access to the patient's records, the optometrist shall delete any data in the record which identifies the patient before providing it to the board. The board shall maintain any records obtained pursuant to this section as investigative data pursuant to chapter 13.
History:
2015 c 71 art 10 s 13
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 148 — Public Health Occupations › Section 148.607 — Disciplinary Actions.

148.607 DISCIPLINARY ACTIONS.
When the board finds that a licensed optometrist under section 148.57 has violated a provision or provisions of sections 148.52 to 148.62, it may do one or more of the following:
(1) revoke the license;
(2) suspend the license;
(3) impose limitations or conditions on the optometrist's practice of optometry, including the limitation of scope of practice to designated field specialties; the imposition of retraining or rehabilitation requirements; the requirement of practice under supervision; or the conditioning of continued practice on demonstration of knowledge or skills by appropriate examination or other review of skill and competence;
(4) 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 optometrist of any economic advantage gained by reason of the violation charged or to reimburse the board for the cost of the investigation and proceeding; and
(5) censure or reprimand the licensed optometrist.
History:
2015 c 71 art 10 s 14
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 148 — Public Health Occupations › Section 148.61 — Penalty.

148.61 PENALTY.
Subdivision 1.
[Repealed, 1945 c 242 s 14]
Subd. 2.
[Renumbered 148.511, subdivision 1]
Subd. 3.
[Renumbered 148.101]
Subd. 4.
[Renumbered 148.511, subd 2]
Subd. 5.
Gross misdemeanor.
Every person not licensed by the board pursuant to section 148.57 who practices optometry in this state shall be guilty of a gross misdemeanor.
History:
(5794) 1915 c 127 s 10; 1925 c 239 s 10; 2000 c 413 s 3
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 148 — Public Health Occupations › Section 148.62 — Application.

148.62 APPLICATION.
Sections 148.52 to 148.62 shall not be construed as forbidding any person licensed to practice any profession in this state from engaging in such profession as it may now be defined by law.
History:
(5796-1) 1925 c 239 s 13
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 148 — Public Health Occupations › Section 148.621 — Definitions.

148.621 DEFINITIONS.
Subdivision 1.
Applicability.
The definitions in this section apply to sections 148.621 to 148.633.
Subd. 2.
Accredited college or university.
"Accredited college or university" means a college or university accredited by the regional accrediting agencies recognized by the Council on Postsecondary Accreditation, and the United States Department of Education at the time the degree was conferred.
Subd. 3.
Association.
"Association" means the American Dietetic Association.
Subd. 4.
Board.
"Board" means the Board of Dietetics and Nutrition Practice.
Subd. 5.
Commission.
"Commission" means the Commission on Dietetic Registration that is a member of the National Commission on Health Certifying Agencies, which national commission establishes national standards of competence for individuals participating in the health care delivery system.
Subd. 6.
Commissioner.
"Commissioner" means the commissioner of health.
Subd. 7.
Dietitian.
"Dietitian" means an individual who engages in dietetics or nutrition practice and uses the title dietitian.
Subd. 8.
Nutritionist.
"Nutritionist" means an individual who engages in dietetics or nutrition practice and uses the title nutritionist.
Subd. 9.
Dietetics or nutrition practice.
"Dietetics or nutrition practice" means the integration and application of scientific principles of food, nutrition, biochemistry, physiology, food management, and behavioral and social sciences to achieve and maintain human health through the provision of nutrition care services.
Subd. 10.
Nutrition care services.
"Nutrition care services" means:
(1) assessment of the nutritional needs of individuals or groups;
(2) establishment of priorities, goals, and objectives to meet nutritional needs;
(3) provision of nutrition counseling for both normal and therapeutic needs;
(4) development, implementation, and management of nutrition care services; or
(5) evaluation, adjustment, and maintenance of appropriate standards of quality in nutrition care.
Subd. 11.
Nutritional assessment.
"Nutritional assessment" means the evaluation of the nutritional needs of individuals or groups based on appropriate biochemical, anthropometric, physical, and dietary data to determine nutrient needs and recommend appropriate nutritional intake.
Subd. 12.
Nutrition counseling.
"Nutrition counseling" means advising and assisting individuals or groups on appropriate nutritional intake by integrating information from the nutritional assessment with information on food and other sources of nutrients and meal preparation consistent with cultural background and socioeconomic status.
Subd. 13.
Person.
"Person" means an individual, corporation, partnership, or other legal entity.
History:
1994 c 613 s 2
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 148 — Public Health Occupations › Section 148.622 — Board Of Dietetics And Nutrition Practice.

148.622 BOARD OF DIETETICS AND NUTRITION PRACTICE.
Subdivision 1.
Creation.
The Board of Dietetics and Nutrition Practice consists of seven members appointed by the governor.
Subd. 2.
Membership.
Members of the board must have been residents of the state of Minnesota for two years immediately preceding appointment and must represent various geographic areas of the state and various employment settings, as required by this section. Two members must be dietitians registered with the commission with at least three years of dietetics practice in Minnesota. Two members must be nutritionists with at least three years of nutrition practice in Minnesota. The professional members first appointed need not be licensed under this chapter for appointment to their first terms on the board, but must possess the qualifications necessary for licensure under this chapter. Three other members must be public members as defined under section 214.02. Two of the public members must be consumers of nutrition care services or caregivers of those utilizing such services.
Subd. 3.
Membership terms; officers; quorum; expenses.
(a) Members must be appointed for staggered terms of four years, with terms beginning August 1 of each year. The terms of the initial board members must be determined by lot as follows: one member must be appointed for a term that expires August 1, 2000; two members must be appointed for terms that expire August 1, 1998; two members must be appointed for terms that expire August 1, 1997; and two members must be appointed for terms that expire August 1, 1995. Members of the board serve until the expiration of the term to which they have been appointed or until their successors have qualified. A person may not be appointed to serve more than two consecutive terms.
(b) The board shall organize annually and select a chair and vice-chair.
(c) Four members of the board, including two professional members and two public members, constitute a quorum to do business.
(d) The board shall hold at least two regular meetings each year. Additional meetings may be held at the call of the chair or at the written request of any three members of the board. At least 14 days' written advance notice of the board meeting is required.
(e) Board members receive compensation for their services in accordance with section 15.0575.
History:
1994 c 613 s 3; 1997 c 192 s 26
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 148 — Public Health Occupations › Section 148.623 — Duties Of The Board.

148.623 DUTIES OF THE BOARD.
The board shall:
(1) adopt rules necessary to administer and enforce sections 148.621 to 148.633;
(2) administer, coordinate, and enforce sections 148.621 to 148.633;
(3) evaluate the qualifications of applicants;
(4) issue subpoenas, examine witnesses, and administer oaths;
(5) conduct hearings and keep records and minutes necessary to the orderly administration of sections 148.621 to 148.633;
(6) investigate persons engaging in practices that violate sections 148.621 to 148.633; and
(7) adopt rules under chapter 14 prescribing a code of ethics for licensees.
History:
1994 c 613 s 4
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 148 — Public Health Occupations › Section 148.625 — Application.

148.625 APPLICATION.
A person desiring a license under sections 148.621 to 148.633 shall apply to the board on a form and in the manner the board prescribes. The application must be accompanied by an application fee in an amount determined by the board.
History:
1994 c 613 s 6
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 148 — Public Health Occupations › Section 148.626 — Continuing Education Required.

148.626 CONTINUING EDUCATION REQUIRED.
Within three years of the effective date of sections 148.621 to 148.633, renewal of a license is contingent on the applicant meeting uniform continuing education requirements established by the board. Notice of initial or amended continuing education requirements must be sent to all persons licensed under sections 148.621 to 148.633 at least 12 months before a person's license renewal is dependent on satisfaction of those requirements. Continuing education requirements must be sent to new applicants with the forms on which they are to apply for licensure.
History:
1994 c 613 s 7
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 148 — Public Health Occupations › Section 148.628 — Reciprocity.

148.628 RECIPROCITY.
The board may issue a license to an applicant who is licensed as a dietitian or nutritionist in another state or the District of Columbia, provided that in the judgment of the board the standards for licensure in that state are not less stringent than the requirements set forth in sections 148.621 to 148.633.
History:
1994 c 613 s 9
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 148 — Public Health Occupations › Section 148.629 — Denial, Suspension, Or Revocation.

148.629 DENIAL, SUSPENSION, OR REVOCATION.
Subdivision 1.
Grounds.
The board may refuse to renew or grant a license to, or may suspend, revoke, or restrict the license of an individual whom the board, after a hearing under the contested case provisions of chapter 14, determines:
(1) is incompetent to engage in dietetic or nutrition practice, or is found to be engaged in dietetic or nutrition practice in a manner harmful or dangerous to a client or to the public;
(2) has violated the rules of the board or the statutes the board is empowered to enforce;
(3) has obtained or attempted to obtain a license or license renewal by bribery or fraudulent representation;
(4) has knowingly made a false statement on a form required by the board for licensing or license renewal; or
(5) has sold any dietary supplement product if the sale of that product resulted in financial benefit to the individual.
Subd. 2.
Restoring license.
For reasons it finds sufficient, the board may grant a license previously refused, restore a license that has been revoked, or reduce a period of suspension or restriction of a license.
Subd. 3.
Review.
Suspension, revocation, or restriction of a license must be reviewed by the board at the request of the licensee against whom the disciplinary action was taken.
History:
1994 c 613 s 10
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 148 — Public Health Occupations › Section 148.630 — License Required.

148.630 LICENSE REQUIRED.
(a) No person may engage in dietetics or nutrition practice unless the person is licensed as a dietitian or nutritionist by the board. No person may use the title "dietitian," "licensed dietitian," "nutritionist," "licensed nutritionist," or any occupational title using the word "dietitian" or "nutritionist" unless so licensed by the board, nor shall any person hold out as a dietitian or nutritionist unless so licensed.
(b) Notwithstanding any other provision of sections 148.621 to 148.633, a dietitian registered by the commission shall have the right to use the title "registered dietitian" and the designation "RD." Notwithstanding any other provision of sections 148.621 to 148.633, a dietetic technician registered by the Commission on Dietetic Registration shall have the right to use the title "dietetic technician registered" and the designation "DTR."
History:
1994 c 613 s 11
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 148 — Public Health Occupations › Section 148.631 — Penalty.

148.631 PENALTY.
A person who violates sections 148.621 to 148.633 is guilty of a misdemeanor. If a person other than a licensed dietitian or nutritionist engages in an act or practice constituting an offense under sections 148.621 to 148.633, a district court on application of the board may issue an injunction or other appropriate order restraining the act or practice.
If the board finds that a licensed dietitian or nutritionist has violated a provision of sections 148.621 to 148.633 or rules adopted under them, it may impose a civil penalty not exceeding $10,000 for each separate violation, the amount of the civil penalty to be fixed so as to deprive the dietitian or nutritionist of any economic advantage gained by reason of the violation charged, to discourage similar violations, or to reimburse the board for the cost of the investigation and proceeding, including, but not limited to, fees paid for services provided by the Office of Administrative Hearings, legal and investigational services provided by the Office of the Attorney General, services of court reporters, witnesses, reproduction of records, board members' per diem compensation, board staff time, and expenses incurred by board members and staff.
History:
1994 c 613 s 12; 2003 c 66 s 4
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 148 — Public Health Occupations › Section 148.633 — Disposition Of Funds.

148.633 DISPOSITION OF FUNDS.
Money received by the board under sections 148.621 to 148.633 must be credited to the health occupations licensing account within the special revenue fund.
History:
1994 c 613 s 14
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 148 — Public Health Occupations › Section 148.634 — Prescription Protocol.

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.
History:
2013 c 55 s 1
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 148 — Public Health Occupations › Section 148.6401 — Scope.

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.
History:
2000 c 361 s 1; 1Sp2017 c 6 art 11 s 54
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 148 — Public Health Occupations › Section 148.6404 — Scope Of Practice.

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.
History:
2000 c 361 s 4; 2014 c 291 art 4 s 11; 2020 c 79 art 2 s 6
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 148 — Public Health Occupations › Section 148.6408 — Qualifications For Occupational Therapist.

148.6408 QUALIFICATIONS FOR OCCUPATIONAL THERAPIST.
Subdivision 1.
Education required.
(a) An applicant who has received professional education in the United States or its possessions or territories must successfully complete all academic and fieldwork requirements of an educational program for occupational therapists approved or accredited by the Accreditation Council for Occupational Therapy Education.
(b) An applicant who has received professional education outside the United States or its possessions or territories must successfully complete all academic and fieldwork requirements of an educational program for occupational therapists approved by a member association of the World Federation of Occupational Therapists.
Subd. 2.
Qualifying examination score required.
(a) An applicant must achieve a qualifying score on the credentialing examination for occupational therapist.
(b) The 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.
History:
2000 c 361 s 6; 1Sp2017 c 6 art 11 s 9
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 148 — Public Health Occupations › Section 148.6410 — Qualifications For Occupational Therapy Assistants.

148.6410 QUALIFICATIONS FOR OCCUPATIONAL THERAPY ASSISTANTS.
Subdivision 1.
Education required.
An applicant must successfully complete all academic and fieldwork requirements of an occupational therapy assistant program approved or accredited by the Accreditation Council for Occupational Therapy Education.
Subd. 2.
Qualifying examination score required.
(a) An applicant for licensure must achieve a qualifying score on the credentialing examination for occupational therapy assistants.
(b) The 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.
History:
2000 c 361 s 7; 1Sp2017 c 6 art 11 s 10
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 148 — Public Health Occupations › Section 148.6412 — Licensure By Equivalency.

148.6412 LICENSURE BY EQUIVALENCY.
Subdivision 1.
MS 2018 [Repealed, 2020 c 79 art 2 s 26]
Subd. 2.
Persons certified by National Board for Certification in Occupational Therapy.
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.
Subd. 3.
Application procedures.
Applicants for licensure by equivalency must provide:
(1) the application materials as required by section 148.6420, subdivisions 1, 3, and 4; and
(2) the fees required by section 148.6445.
History:
2000 c 361 s 8; 1Sp2017 c 6 art 11 s 11; 2020 c 79 art 2 s 8
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 148 — Public Health Occupations › Section 148.6415 — Licensure By Reciprocity.

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.
History:
2000 c 361 s 9; 1Sp2017 c 6 art 11 s 12; 2020 c 79 art 2 s 9
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 148 — Public Health Occupations › Section 148.6428 — Change Of Contact Information Or Employment.

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.
History:
2000 c 361 s 14; 2004 c 279 art 1 s 22; 2008 c 189 s 15; 1Sp2017 c 6 art 11 s 23; 2020 c 79 art 2 s 17
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 148 — Public Health Occupations › Section 148.6430 — Delegation Of Duties; Assignment Of Tasks.

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.
History:
2000 c 361 s 15; 2014 c 291 art 4 s 12; 2020 c 79 art 2 s 18