reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 153 — Podiatry › Section 153.21 — Mental Examination; Access To Medical Data.

153.21 MENTAL EXAMINATION; ACCESS TO MEDICAL DATA.
Subdivision 1.
Submission to examination.
If the board has probable cause to believe that a doctor of podiatric medicine falls within the provisions of section 153.19, subdivision 1, clause (12), it may direct the doctor to submit to a mental or physical examination or substance use disorder evaluation. For the purpose of this subdivision, a doctor of podiatric medicine licensed under this chapter is considered 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 examiner's testimony or examination reports on the ground that the same constitute a privileged communication. Failure of a podiatrist to submit to an examination when directed constitutes an admission of the allegations against the podiatrist, unless the failure was due to circumstance beyond the podiatrist's control, in which case a default and final order may be entered without the taking of testimony or presentation of evidence. A podiatrist affected under this subdivision shall at reasonable intervals be given an opportunity to demonstrate that the podiatrist can resume the competent practice of podiatric medicine with reasonable skill and safety to patients. In any proceeding under this subdivision, neither the record of proceedings nor the orders entered by the board shall be used against a podiatrist in any other proceeding.
Subd. 2.
Access to medical data.
In addition to ordering a physical or mental examination or substance use disorder evaluation, 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 licensee's or applicant's consent if the board has probable cause to believe that a doctor of podiatric medicine falls within the provisions of section 153.19, subdivision 1, clause (12). The medical data may be requested from a provider, as defined in section 144.291, subdivision 2, paragraph (h), 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 section and is not liable in any action for damages for releasing the data requested by the board if the data are released in accordance with a written request under this section, unless the information is false and the provider giving the information knew, or had reason to believe, the information was false.
History:
1987 c 108 s 10; 1999 c 227 s 22; 2007 c 147 art 10 s 15; 2022 c 98 art 4 s 51
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 153 — Podiatry › Section 153.23 — Disciplinary Investigation.

153.23 DISCIPLINARY INVESTIGATION.
Subdivision 1.
Malpractice complaints.
Whenever the files maintained by the board show that a podiatric medical malpractice settlement or award to the plaintiff has been made against a podiatrist as reported by insurers, the executive director may initiate a complaint under section 214.10.
Subd. 2.
Access to hospital records.
The board has access to hospital and medical records of a patient treated by the podiatrist under review if the patient signs a written consent permitting that access. If no consent form has been signed, the hospital or podiatrist shall first delete data in the record that identifies the patient before providing it to the board.
History:
1987 c 108 s 12
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 153 — Podiatry › Section 153.25 — Immunity.

153.25 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 under section 153.24 or for otherwise reporting to the board violations or alleged violations of section 153.19. Reports are confidential data on individuals under section 13.02, subdivision 3, and are privileged communications.
Subd. 2.
Investigation.
(a) Members of the board and persons employed by the board or engaged in the investigation of violations and in the preparation and management of charges of violations of this chapter 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 this chapter.
(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 section 153.255.
History:
1987 c 108 s 14; 2004 c 186 s 11; 2004 c 279 art 8 s 6
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 153 — Podiatry › Section 153.255 — Reports To Commissioner Of Health.

153.255 REPORTS TO COMMISSIONER OF HEALTH.
(a) The board shall maintain a record of an event that comes to the board's attention that, in the judgment of the board or a committee of the board, qualifies as an adverse health care event under section 144.7065.
(b) Within 30 days of making a determination under paragraph (a) that an event qualifies as an adverse health care event, the board shall forward to the commissioner of health a report of the event, including the facility involved, the date of the event, and information known to the board regarding the event. The report shall not include any identifying information for any of the health care professionals, facility employees, or patients involved.
History:
2004 c 186 s 12
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 153 — Podiatry › Section 153.26 — Use Of Nitrous Oxide.

153.26 USE OF NITROUS OXIDE.
A podiatrist may use an oxygen-nitrous oxide mixture for sedation or analgesia only under the following conditions:
(1) the patient is not rendered unconscious;
(2) the nitrous oxide concentration is 70 percent of the mixture or less;
(3) the oxygen-nitrous oxide mixture is administered only by nasal inhalator equipped with scavenging system;
(4) an individual other than the attending podiatrist monitors the equipment and the patient during the administration of oxygen-nitrous oxide sedation and is medically directed and supervised by the podiatrist;
(5) the podiatrist and the individual referred to in clause (4) have successfully completed, after December 31, 1986, a course in nitrous oxide sedation approved by a school of podiatric medicine;
(6) the podiatrist and the individual referred to in clause (4) have completed, after December 31, 1986, a course in cardiopulmonary resuscitation;
(7) oxygen-nitrous oxide is not used in conjunction with any other analgesic or sedative; and
(8) the machine used for administering the oxygen-nitrous oxide mixture includes:
(i) an automatic shutoff valve in the event the oxygen concentration is less than three liters per minute;
(ii) an immediately available oxygen flush capability utilizing a positive pressure mask for pure oxygen delivery;
(iii) an automatic control over maximum nitrous oxide concentration which prevents oxygen concentration from falling below 30 percent of the mixture when nitrous oxide flow is maximal; and
(iv) color-coded valves, tanks, and knobs, and pin index and diameter index safety systems.
History:
1990 c 540 s 2
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 153A — Hearing Instrument Dispensing › Section 153A.17 — Expenses; Fees.

153A.17 EXPENSES; FEES.
(a) The expenses for administering the certification requirements, including the complaint handling system for prescription hearing aid dispensers in sections 153A.14 and 153A.15, and the Consumer Information Center under section 153A.18, must be paid from initial application and examination fees, renewal fees, penalties, and fines. The commissioner shall only use fees collected under this section for the purposes of administering this chapter. The legislature must not transfer money generated by these fees from the state government special revenue fund to the general fund.
(b) The fees are as follows:
(1) the initial certification application fee is $772.50;
(2) the annual renewal certification application fee is $750;
(3) the initial examination fee for the practical portion is $1,200, and $600 for each time it is taken, thereafter; for individuals meeting the requirements of section 148.515, subdivision 2, the fee for the practical portion of the prescription hearing aid dispensing examination is $600 each time it is taken;
(4) the trainee application fee is $230;
(5) the penalty fee for late submission of a renewal application is $260; and
(6) the fee for verification of certification to other jurisdictions or entities is $25.
(c) The commissioner may prorate the certification fee for new applicants based on the number of quarters remaining in the annual certification period.
(d) All fees are nonrefundable. All fees, penalties, and fines received must be deposited in the state government special revenue fund.
(e) Hearing instrument dispensers who were certified before January 1, 2018, shall pay a onetime surcharge of $22.50 to renew their certification when it expires after October 31, 2020. The surcharge shall cover the commissioner's costs associated with criminal background checks.
History:
1988 c 689 art 2 s 59; 1991 c 202 s 12; 1993 c 201 s 5; 1995 c 164 s 28; 1997 c 203 art 2 s 18; 2003 c 87 s 49; 1Sp2003 c 14 art 7 s 54; 2009 c 79 art 10 s 35; 2012 c 278 art 2 s 20; 1Sp2017 c 6 art 10 s 130; 2023 c 70 art 3 s 77
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 153A — Hearing Instrument Dispensing › Section 153A.175 — Penalty Fees.

153A.175 PENALTY FEES.
(a) The penalty fee for holding oneself out as a hearing aid dispenser without a current certificate after the credential has expired and before it is renewed is one-half the amount of the certificate renewal fee for any part of the first day, plus one-half the certificate renewal fee for any part of any subsequent days up to 30 days.
(b) The penalty fee for applicants who hold themselves out as hearing aid dispensers after expiration of the trainee period and before being issued a certificate is one-half the amount of the certificate application fee for any part of the first day, plus one-half the certificate application fee for any part of any subsequent days up to 30 days. This paragraph does not apply to applicants not qualifying for a certificate who hold themselves out as hearing aid dispensers.
(c) The penalty fee for practicing prescription hearing aid dispensing and failing to submit a continuing education report by the due date with the correct number or type of hours in the correct time period is $200 plus $200 for each missing clock hour. "Missing" means not obtained between the effective and expiration dates of the certificate, the one-month period following the certificate expiration date, or the 30 days following notice of a penalty fee for failing to report all continuing education hours. The certificate holder must obtain the missing number of continuing education hours by the next reporting due date.
(d) Civil penalties and discipline incurred by certificate holders prior to August 1, 2005, for conduct described in paragraph (a), (b), or (c) shall be recorded as nondisciplinary penalty fees. Payment of a penalty fee does not preclude any disciplinary action reasonably justified by the individual case.
History:
2005 c 147 art 9 s 4; 2008 c 189 s 26; 2023 c 70 art 3 s 78
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 153A — Hearing Instrument Dispensing › Section 153A.18 — Consumer Information Center.

153A.18 CONSUMER INFORMATION CENTER.
The commissioner shall establish a Consumer Information Center to assist actual and potential purchasers of prescription hearing aids by providing them with information regarding prescription hearing aid sales. The Consumer Information Center shall disseminate information about consumers' legal rights related to prescription hearing aid sales, provide information relating to complaints about dispensers of prescription hearing aids, and provide information about outreach and advocacy services for consumers of prescription hearing aids. In establishing the center and developing the information, the commissioner shall consult with representatives of prescription hearing aid dispensers, audiologists, physicians, and consumers.
History:
1988 c 689 art 2 s 60; 1995 c 164 s 29; 2023 c 70 art 3 s 79
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 153A — Hearing Instrument Dispensing › Section 153A.20 — Hearing Aid Dispenser Advisory Council.

153A.20 HEARING AID DISPENSER ADVISORY COUNCIL.
Subdivision 1.
Membership.
(a) The commissioner shall appoint seven persons to a Hearing Aid Dispenser Advisory Council.
(b) The seven persons must include:
(1) three public members, as defined in section 214.02. At least one of the public members shall be a prescription hearing aid user and one of the public members shall be either a prescription hearing aid user or an advocate of one;
(2) three hearing aid dispensers certified under sections 153A.14 to 153A.20, each of whom is currently, and has been for the five years immediately preceding their appointment, engaged in prescription hearing aid dispensing in Minnesota and who represent the occupation of prescription hearing aid dispensing and who are not audiologists; and
(3) one audiologist licensed as an audiologist under chapter 148 who dispenses prescription hearing aids, recommended by a professional association representing audiologists and speech-language pathologists.
(c) The factors the commissioner may consider when appointing advisory council members include, but are not limited to, professional affiliation, geographical location, and type of practice.
(d) No two members of the advisory council shall be employees of, or have binding contracts requiring sales exclusively for, the same prescription hearing aid manufacturer or the same employer.
Subd. 2.
Organization.
The advisory council shall be organized and administered according to section 15.059. The council may form committees to carry out its duties.
Subd. 3.
Duties.
At the commissioner's request, the advisory council shall:
(1) advise the commissioner regarding hearing aid dispenser certification standards;
(2) provide for distribution of information regarding hearing aid dispenser certification standards;
(3) review investigation summaries of competency violations and make recommendations to the commissioner as to whether the allegations of incompetency are substantiated; and
(4) perform other duties as directed by the commissioner.
History:
1995 c 164 s 31; 1998 c 317 s 27; 2001 c 7 s 42; 2003 c 87 s 50; 2005 c 147 art 7 s 18; 2014 c 286 art 8 s 21; 2023 c 70 art 3 s 80
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 153B — Orthotics, Prosthetics, And Pedorthics › Section 153B.10 — Short Title.

153B.10 SHORT TITLE.
This chapter may be cited as the "Minnesota Orthotist, Prosthetist, and Pedorthist Practice Act."
History:
2016 c 189 art 21 s 10
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 153B — Orthotics, Prosthetics, And Pedorthics › Section 153B.20 — Exceptions.

153B.20 EXCEPTIONS.
Nothing in this chapter shall prohibit:
(1) a physician, osteopathic physician, or podiatric physician licensed by the state of Minnesota from providing services within the physician's scope of practice;
(2) a health care professional licensed by the state of Minnesota, including, but not limited to, chiropractors, physical therapists, and occupational therapy practitioners from providing services within the professional's scope of practice, or an individual working under the supervision of a licensed physician or podiatric physician;
(3) the practice of orthotics, prosthetics, or pedorthics by a person who is employed by the federal government or any bureau, division, or agency of the federal government while in the discharge of the employee's official duties;
(4) the practice of orthotics, prosthetics, or pedorthics by:
(i) a student enrolled in an accredited or approved orthotics, prosthetics, or pedorthics education program who is performing activities required by the program;
(ii) a resident enrolled in an NCOPE-accredited residency program; or
(iii) a person working in a qualified, supervised work experience or internship who is obtaining the clinical experience necessary for licensure under this chapter; or
(5) an orthotist, prosthetist, prosthetist orthotist, pedorthist, assistant, or fitter who is licensed in another state or territory of the United States or in another country that has equivalent licensure requirements as approved by the board from providing services within the professional's scope of practice subject to this chapter, if the individual is qualified and has applied for licensure under this chapter. The individual shall be allowed to practice for no longer than six months following the filing of the application for licensure, unless the individual withdraws the application for licensure or the board denies the license.
History:
2016 c 189 art 21 s 12
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 153B — Orthotics, Prosthetics, And Pedorthics › Section 153B.25 — Orthotics, Prosthetics, And Pedorthics Advisory Council.

153B.25 ORTHOTICS, PROSTHETICS, AND PEDORTHICS ADVISORY COUNCIL.
Subdivision 1.
Creation; membership.
(a) There is established an Orthotics, Prosthetics, and Pedorthics Advisory Council that shall consist of seven voting members appointed by the board. Five members shall be licensed and practicing orthotists, prosthetists, or pedorthists. Each profession shall be represented on the advisory council. One member shall be a Minnesota-licensed doctor of podiatric medicine who is also a member of the Board of Podiatric Medicine, and one member shall be a public member.
(b) The council shall be organized and administered under section 15.059.
Subd. 2.
Duties.
The advisory council shall:
(1) advise the board on enforcement of the provisions contained in this chapter;
(2) review reports of investigations or complaints relating to individuals and make recommendations to the board as to whether a license should be denied or disciplinary action taken against an individual;
(3) advise the board regarding standards for licensure of professionals under this chapter; and
(4) perform other duties authorized for advisory councils by chapter 214, as directed by the board.
Subd. 3.
Chair.
The council must elect a chair from among its members.
Subd. 4.
Administrative provisions.
The Board of Podiatric Medicine must provide meeting space and administrative services for the council.
History:
2016 c 189 art 21 s 13
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 153B — Orthotics, Prosthetics, And Pedorthics › Section 153B.30 — Licensure.

153B.30 LICENSURE.
Subdivision 1.
Application.
An application for a license shall be submitted to the board in the format required by the board and shall be accompanied by the required fee, which is nonrefundable.
Subd. 2.
Qualifications.
(a) To be eligible for licensure as an orthotist, prosthetist, or prosthetist orthotist, an applicant shall meet orthotist, prosthetist, or prosthetist orthotist certification requirements of either the American Board for Certification in Orthotics, Prosthetics, and Pedorthics or the Board of Certification/Accreditation in effect at the time of the individual's application for licensure and be in good standing with the certifying board.
(b) To be eligible for licensure as a pedorthist, an applicant shall meet the pedorthist certification requirements of either the American Board for Certification in Orthotics, Prosthetics, and Pedorthics or the Board of Certification/Accreditation that are in effect at the time of the individual's application for licensure and be in good standing with the certifying board.
(c) To be eligible for licensure as an orthotic or prosthetic assistant, an applicant shall meet the orthotic or prosthetic assistant certification requirements of the American Board for Certification in Orthotics, Prosthetics, and Pedorthics that are in effect at the time of the individual's application for licensure and be in good standing with the certifying board.
(d) To be eligible for licensure as an orthotic fitter, an applicant shall meet the orthotic fitter certification requirements of either the American Board for Certification in Orthotics, Prosthetics, and Pedorthics or the Board of Certification/Accreditation that are in effect at the time of the individual's application for licensure and be in good standing with the certifying board.
Subd. 3.
License term.
A license to practice is valid for a term of up to 24 months beginning on January 1 or commencing after initially fulfilling the license requirements and ending on December 31 of the following year.
History:
2016 c 189 art 21 s 14; 2017 c 40 art 1 s 42
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 153B — Orthotics, Prosthetics, And Pedorthics › Section 153B.35 — Employment By An Accredited Facility; Scope Of Practice.

153B.35 EMPLOYMENT BY AN ACCREDITED FACILITY; SCOPE OF PRACTICE.
A licensed orthotist, prosthetist, pedorthist, assistant, or orthotic fitter may provide limited, supervised orthotic or prosthetic patient care services beyond their licensed scope of practice if all of the following conditions are met:
(1) the licensee is employed by a patient care facility that is accredited by a national accrediting organization in orthotics, prosthetics, and pedorthics;
(2) written objective criteria are documented by the accredited facility to describe the knowledge and skills required by the licensee to demonstrate competency to provide additional specific and limited orthotic or prosthetic patient care services that are outside the licensee's scope of practice;
(3) the licensee provides orthotic or prosthetic patient care only at the direction of a supervisor who is licensed as an orthotist, pedorthist, or prosthetist who is employed by the facility to provide the specific orthotic or prosthetic patient care or services that are outside the licensee's scope of practice; and
(4) the supervised orthotic or prosthetic patient care occurs in compliance with facility accreditation standards.
History:
2016 c 189 art 21 s 15
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 153B — Orthotics, Prosthetics, And Pedorthics › Section 153B.40 — Continuing Education.

153B.40 CONTINUING EDUCATION.
Subdivision 1.
Requirement.
Each licensee shall obtain the number of continuing education hours required by the certifying board to maintain certification status pursuant to the specific license category.
Subd. 2.
Proof of attendance.
A licensee must submit to the board proof of attendance at approved continuing education programs during the license renewal period in which it was attended in the form of a certificate, statement of continuing education credits from the American Board for Certification in Orthotics, Prosthetics, and Pedorthics or the Board of Certification/Accreditation, descriptive receipt, or affidavit. The board may conduct random audits.
Subd. 3.
Extension of continuing education requirements.
For good cause, a licensee may apply to the board for a six-month extension of the deadline for obtaining the required number of continuing education credits. No more than two consecutive extensions may be granted. For purposes of this subdivision, "good cause" includes unforeseen hardships such as illness, family emergency, or military call-up.
History:
2016 c 189 art 21 s 16
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 153B — Orthotics, Prosthetics, And Pedorthics › Section 153B.45 — License Renewal.

153B.45 LICENSE RENEWAL.
Subdivision 1.
Submission of license renewal application.
A licensee must submit to the board a license renewal application on a form provided by the board together with the license renewal fee. The completed form must be postmarked no later than January 1 in the year of renewal. The form must be signed by the licensee in the place provided for the renewal applicant's signature, include evidence of participation in approved continuing education programs, and any other information as the board may reasonably require.
Subd. 2.
Renewal application postmarked after January 1.
A renewal application postmarked after January 1 in the renewal year shall be returned to the licensee for addition of the late renewal fee. A license renewal application postmarked after January 1 in the renewal year is not complete until the late renewal fee has been received by the board.
Subd. 3.
Failure to submit renewal application.
(a) At any time after January 1 of the applicable renewal year, the board shall send notice to a licensee who has failed to apply for license renewal. The notice shall be mailed to the licensee at the last address on file with the board and shall include the following information:
(1) that the licensee has failed to submit application for license renewal;
(2) the amount of renewal and late fees;
(3) information about continuing education that must be submitted in order for the license to be renewed;
(4) that the licensee must respond within 30 calendar days after the notice was sent by the board; and
(5) that the licensee may voluntarily terminate the license by notifying the board or may apply for license renewal by sending the board a completed renewal application, license renewal and late fees, and evidence of compliance with continuing education requirements.
(b) Failure by the licensee to notify the board of the licensee's intent to voluntarily terminate the license or to submit a license renewal application shall result in expiration of the license and termination of the right to practice. The expiration of the license and termination of the right to practice shall not be considered disciplinary action against the licensee.
(c) A license that has been expired under this subdivision may be reinstated.
History:
2016 c 189 art 21 s 17
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 153B — Orthotics, Prosthetics, And Pedorthics › Section 153B.50 — Name And Address Change.

153B.50 NAME AND ADDRESS CHANGE.
(a) A licensee who has changed names must notify the board in writing within 90 days and request a revised license. The board may require official documentation of the legal name change.
(b) A licensee must maintain with the board a correct mailing address to receive board communications and notices. A licensee who has changed addresses must notify the board in writing within 90 days. Mailing a notice by United States mail to a licensee's last known mailing address constitutes valid mailing.
History:
2016 c 189 art 21 s 18
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 153B — Orthotics, Prosthetics, And Pedorthics › Section 153B.55 — Inactive Status.

153B.55 INACTIVE STATUS.
(a) A licensee who notifies the board in the format required by the board may elect to place the licensee's credential on inactive status and shall be excused from payment of renewal fees until the licensee notifies the board in the format required by the board of the licensee's plan to return to practice.
(b) A person requesting restoration from inactive status shall be required to pay the current renewal fee and comply with section 153B.45.
(c) A person whose license has been placed on inactive status shall not practice in this state.
History:
2016 c 189 art 21 s 19
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 153B — Orthotics, Prosthetics, And Pedorthics › Section 153B.60 — License Lapse Due To Military Service.

153B.60 LICENSE LAPSE DUE TO MILITARY SERVICE.
A licensee whose license has expired while on active duty in the armed forces of the United States, with the National Guard while called into service or training, or while in training or education preliminary to induction into military service may have the licensee's license renewed or restored without paying a late fee or license restoration fee if the licensee provides verification to the board within two years of the termination of service obligation.
History:
2016 c 189 art 21 s 20
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 153B — Orthotics, Prosthetics, And Pedorthics › Section 153B.65 — Endorsement.

153B.65 ENDORSEMENT.
The board may license, without examination and on payment of the required fee, an applicant who is an orthotist, prosthetist, prosthetist orthotist, pedorthist, assistant, or fitter who is certified by the American Board for Certification in Orthotics, Prosthetics, and Pedorthics or a national certification organization with educational, experiential, and testing standards equal to or higher than the licensing requirements in Minnesota.
History:
2016 c 189 art 21 s 21
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 153B — Orthotics, Prosthetics, And Pedorthics › Section 153B.75 — Investigation; Notice And Hearings.

153B.75 INVESTIGATION; NOTICE AND HEARINGS.
The board has the authority to investigate alleged violations of this chapter, conduct hearings, and impose corrective or disciplinary action as provided in section 214.103.
History:
2016 c 189 art 21 s 23
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 153B — Orthotics, Prosthetics, And Pedorthics › Section 153B.80 — Unlicensed Practice.

153B.80 UNLICENSED PRACTICE.
Subdivision 1.
License required.
Effective January 1, 2018, no individual shall practice as an orthotist, prosthetist, prosthetist orthotist, pedorthist, orthotic or prosthetic assistant, or orthotic fitter, unless the individual holds a valid license issued by the board under this chapter, except as permitted under section 153B.20 or 153B.35.
Subd. 2.
Designation.
No individual shall represent themselves to the public as a licensed orthotist, prosthetist, prosthetist orthotist, pedorthist, orthotic or prosthetic assistant, or an orthotic fitter, unless the individual is licensed under this chapter.
Subd. 3.
Penalties.
Any individual who violates this section is guilty of a misdemeanor. The board shall have the authority to seek a cease and desist order against any individual who is engaged in the unlicensed practice of a profession regulated by the board under this chapter.
History:
2016 c 189 art 21 s 24
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 153B — Orthotics, Prosthetics, And Pedorthics › Section 153B.85 — Fees.

153B.85 FEES.
Subdivision 1.
Fees.
(a) The application fee for initial licensure shall not exceed $600.
(b) The biennial renewal fee for a license to practice as an orthotist, prosthetist, prosthetist orthotist, or pedorthist shall not exceed $600.
(c) The biennial renewal fee for a license to practice as an assistant or a fitter shall not exceed $300.
(d) The fee for license restoration shall not exceed $600.
(e) The fee for license verification shall not exceed $30.
(f) The fee to obtain a list of licensees shall not exceed $25.
Subd. 2.
Proration of fees.
For the first renewal period following initial licensure, the renewal fee is the fee specified in subdivision 1, paragraph (b) or (c), prorated to the nearest dollar that is represented by the ratio of the number of days the license is held in the initial licensure period to 730 days.
Subd. 3.
Late fee.
The fee for late license renewal is the license renewal fee in effect at the time of renewal plus $100.
Subd. 4.
Nonrefundable fees.
All fees are nonrefundable.
Subd. 5.
Deposit.
Fees collected by the board under this section shall be deposited in the state government special revenue fund.
History:
2016 c 189 art 21 s 25
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 154 — Barbers › Section 154.001 — Board Of Barber Examiners Created; Terms.

154.001 BOARD OF BARBER EXAMINERS CREATED; TERMS.
Subdivision 1.
Definition.
For the purposes of this chapter, "board" means the Board of Barber Examiners.
Subd. 2.
Board of Barber Examiners.
(a) A Board of Barber Examiners is established to consist of four barber members and one public member, as defined in section 214.02, appointed by the governor.
(b) The barber members shall be persons who have practiced as registered barbers in this state for at least five years immediately prior to their appointment; shall be graduates from the 12th grade of a high school or have equivalent education, and shall have knowledge of the matters to be taught in registered barber schools, as set forth in section 154.07. One of the barber members shall be a member of, or recommended by, a union of journeymen barbers that has existed at least two years, and one barber member shall be a member of, or recommended by, a professional organization of barbers.
Subd. 3.
Membership terms.
(a) 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.
(b) Members appointed to fill vacancies caused by death, resignation, or removal shall serve during the unexpired term of their predecessors.
Subd. 4.
Comprehensive examination.
"Comprehensive examination" means all parts of a test administered by the board, including but not limited to written, oral, and practical components.
History:
(5846-21) 1927 c 316 s 21; 1929 c 270 s 22; 1973 c 376 s 4; 1973 c 638 s 34; 1975 c 136 s 38; 1976 c 222 s 105; 1976 c 239 s 60; 1991 c 199 art 1 s 47; 1991 c 282 s 22; 2004 c 269 art 3 s 18; 2005 c 27 s 2,9; 2009 c 78 art 6 s 9; 2013 c 85 art 5 s 2; 2016 c 189 art 13 s 29
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 154 — Barbers › Section 154.002 — Officers; Compensation; Fees; Expenses.

154.002 OFFICERS; COMPENSATION; FEES; EXPENSES.
The Board of Barber Examiners shall annually elect a chair and secretary. It shall adopt and use a common seal for the authentication of its orders and records. The board shall appoint an executive secretary or enter into an interagency agreement to procure the services of an executive secretary. The executive secretary shall not be a member of the board and shall be in the unclassified civil service. The position of executive secretary may be a part-time position.
The executive secretary shall keep a record of all proceedings of the board. The expenses of administering this chapter shall be paid from the appropriations made to the Board of Barber Examiners.
Each member of the board shall take the oath provided by law for public officers.
A majority of the board, in meeting assembled, may perform and exercise all the duties and powers devolving upon the board.
The members of the board shall receive compensation, as provided in section 214.09, for each day spent on board activities, but not to exceed 20 days in any calendar month nor 100 days in any calendar year.
The board shall have authority to employ such inspectors, clerks, deputies, and other assistants as it may deem necessary to carry out the provisions of this chapter.
History:
(5846-22) 1927 c 316 s 22; 1929 c 270 s 23; 1947 c 36 s 1; 1949 c 31 s 1; 1951 c 83 s 1; 1955 c 847 s 17; 1963 c 757 s 1; 1967 c 692 s 4; 1973 c 638 s 35; 1975 c 136 s 39; 1976 c 222 s 106; 1986 c 444; 2004 c 269 art 3 s 19; 2005 c 27 s 9; 2009 c 78 art 6 s 26; 2010 c 215 art 8 s 3; 2016 c 189 art 13 s 30
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 154 — Barbers › Section 154.003 — Fees.

154.003 FEES.
(a) The fees collected, as required in this chapter, chapter 214, and the rules of the board, shall be paid to the board. The board shall deposit the fees in the general fund in the state treasury.
(b) The board shall charge the following fees:
(1) examination and certificate, registered barber, $85;
(2) retake of written examination, $10;
(3) examination and certificate, instructor, $180;
(4) certificate, instructor, $65;
(5) temporary teacher permit, $80;
(6) temporary registered barber, military, $85;
(7) temporary barber instructor, military, $180;
(8) renewal of registration, registered barber, $80;
(9) renewal of registration, instructor, $80;
(10) renewal of temporary teacher permit, $65;
(11) student permit, $45;
(12) renewal of student permit, $25;
(13) initial shop registration, $85;
(14) initial school registration, $1,030;
(15) renewal shop registration, $85;
(16) renewal school registration, $280;
(17) restoration of registered barber registration, $95;
(18) restoration of shop registration, $105;
(19) change of ownership or location, $55;
(20) duplicate registration, $40;
(21) home study course, $75;
(22) letter of registration verification, $25; and
(23) reinspection, $100.
History:
(5846-18) 1927 c 316 s 18; 1929 c 270 s 18; 1947 c 373 s 1; 1967 c 593 s 3; 1967 c 692 s 3; 1973 c 376 s 3; 1986 c 444; 1988 c 476 s 4; 1991 c 282 s 21; 2004 c 269 art 3 s 15; 2005 c 27 s 1,9; 2007 c 135 art 3 s 2; 2009 c 78 art 6 s 10; 2010 c 215 art 8 s 4; 2013 c 85 art 5 s 3,49; 2015 c 77 art 2 s 26; 2016 c 189 art 13 s 31
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 154 — Barbers › Section 154.01 — Registration Mandatory.

154.01 REGISTRATION MANDATORY.
(a) The registration of the practice of barbering serves the public health and safety of the people of the state of Minnesota by ensuring that individuals seeking to practice the profession of barbering are appropriately trained in the use of the chemicals, tools, and implements of barbering and demonstrate the skills necessary to conduct barber services in a safe, sanitary, and appropriate environment required for infection control.
(b) No person shall practice, offer to practice, or attempt to practice barbering without a current certificate of registration as a registered barber, issued pursuant to provisions of sections 154.001, 154.002, 154.003, 154.01 to 154.162, 154.19 to 154.21, and 154.24 to 154.28 by the Board of Barber Examiners.
(c) A registered barber must only provide barbering services in a registered barber shop or barber school, unless prior authorization is given by the board.
(d) No person shall operate a barber shop unless it is at all times under the direct supervision and management of a registered barber and the owner or operator of the barber shop possesses a current shop registration card, issued to the barber shop establishment address, under sections 154.001, 154.002, 154.003, 154.01 to 154.162, 154.19 to 154.21, and 154.24 to 154.28 by the Board of Barber Examiners.
(e) No person shall serve, offer to serve, or attempt to serve as an instructor of barbering without a current certificate of registration as a registered instructor of barbering or a temporary permit as an instructor of barbering, as provided for the board by rule, issued under sections 154.001, 154.002, 154.003, 154.01 to 154.162, 154.19 to 154.21, and 154.24 to 154.28 by the Board of Barber Examiners. Barber instruction must be provided in registered barber schools only.
(f) No person shall operate a barber school unless the owner or operator possesses a current certificate of registration as a barber school, issued under sections 154.001, 154.002, 154.003, 154.01 to 154.162, 154.19 to 154.21, and 154.24 to 154.28 by the Board of Barber Examiners.
History:
(5846-1) 1927 c 316 s 1; 1929 c 270 s 1; 1986 c 444; 1991 c 282 s 1; 2004 c 269 art 3 s 2; 2005 c 27 s 9; 2009 c 78 art 6 s 26; 2016 c 189 art 13 s 32
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 154 — Barbers › Section 154.02 — Definitions.

154.02 DEFINITIONS.
Subdivision 1.
What constitutes barbering.
Any one or any combination of the following practices when done upon the head, face, and neck for cosmetic purposes and not for the treatment of disease or physical or mental ailments and when done for payment directly or indirectly or without payment for the public generally constitutes the practice of barbering within the meaning of sections 154.001, 154.002, 154.003, 154.01 to 154.162, 154.19 to 154.21, and 154.24 to 154.28: to shave the face or neck, trim the beard, clean, condition, cut, color, shape, or straighten the hair of any person of either sex for compensation or other reward received by the person performing such service or any other person; to give facial and scalp massage with oils, creams, lotions, or other preparations either by hand or mechanical appliances; to singe, shampoo the hair, or apply hair tonics; or to apply cosmetic preparations, antiseptics, powders, oils, clays, or lotions to hair, scalp, face, or neck.
Subd. 2.
Barber school.
A "barber school" is a place that holds a registration as a barber school in which barbering, as defined in subdivision 1, is practiced by registered student barbers under the direction of registered barber instructors for the purpose of learning and teaching barber skills.
Subd. 3.
Barber shop.
A "barber shop" is a place other than a barber school that holds a registration as a barber shop under this chapter in which barbering, as defined in subdivision 1, is practiced.
Subd. 4.
Certificate of registration.
A "certificate of registration" means the certificate issued to an individual, barber shop, or barber school that is in compliance with the requirements of sections 154.001, 154.002, 154.003, 154.01 to 154.162, 154.19 to 154.21, and 154.24 to 154.28.
Subd. 5.
Designated registered barber.
The "designated registered barber" is a registered barber designated as the manager of a barber shop.
Subd. 6.
Registered barber.
A "registered barber" is an individual who, for compensation, performs the personal services as defined in subdivision 1, in compliance with this chapter.
History:
(5846-2) 1927 c 316 s 2; 1929 c 270 s 2; 1935 c 229 s 1; 2004 c 269 art 3 s 3; 2005 c 27 s 9; 2013 c 85 art 5 s 4; 2016 c 189 art 13 s 33
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 154 — Barbers › Section 154.04 — Persons Exempt From Registration.

154.04 PERSONS EXEMPT FROM REGISTRATION.
The following persons are exempt from the provisions of sections 154.001, 154.002, 154.003, 154.01 to 154.162, 154.19 to 154.21, and 154.24 to 154.28 while in the proper discharge of their professional duties:
(1) persons authorized by the law of this state to practice medicine, surgery, osteopathic medicine, and chiropractic;
(2) commissioned medical or surgical officers of the United States armed services;
(3) registered nurses, licensed practical nurses, and nursing aides performing services under the direction and supervision of a licensed physician or licensed registered nurse, provided, however, that no additional compensation shall be paid for such service and patients who are so attended shall not be charged for barbering;
(4) licensed cosmetologists, when providing cosmetology services as defined in section 155A.23, subdivision 3, provided, however, that cosmetologists shall not hold themselves out as barbers or practice their occupation in a barber shop; and
(5) persons who perform barbering services for charitable purposes in nursing homes, shelters, missions, individual homes, or other similar facilities, provided, however, that no direct or indirect compensation is received for the services, and that persons who receive barbering services are not charged for the services.
History:
(5846-4) 1927 c 316 s 4; 1929 c 270 s 4; 1973 c 597 s 1; 1974 c 62 s 2; 1976 c 222 s 104; 1991 c 282 s 3; 1995 c 59 s 1; 2004 c 269 art 3 s 5; 2005 c 27 s 9; 2013 c 85 art 5 s 49; 2016 c 119 s 7; 2016 c 189 art 13 s 34
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 154 — Barbers › Section 154.05 — Who May Receive Certificates Of Registration As A Registered Barber.

154.05 WHO MAY RECEIVE CERTIFICATES OF REGISTRATION AS A REGISTERED BARBER.
(a) A person is qualified to receive a certificate of registration as a registered barber if the person:
(1) has successfully completed ten grades of education;
(2) has successfully completed 1,500 hours of study in a board-approved barber school; and
(3) has passed an examination conducted by the board to determine fitness to practice barbering.
(b) A first-time applicant for a certificate of registration to practice as a registered barber who fails to pass the comprehensive examination conducted by the board and who fails to pass a onetime retake of the written examination, shall complete an additional 500 hours of barber education before being eligible to retake the comprehensive examination as many times as necessary to pass.
History:
(5846-5) 1927 c 316 s 5; 1929 c 270 s 5; 1945 c 160 s 1; 1986 c 444; 1988 c 476 s 1; 1991 c 282 s 4; 2013 c 85 art 5 s 5; 2016 c 189 art 13 s 35
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 154 — Barbers › Section 154.065 — Barber Schools And Colleges.

154.065 BARBER SCHOOLS AND COLLEGES.
Subdivision 1.
[Repealed, 1991 c 282 s 23]
Subd. 2.
Qualifications.
A person is qualified to receive a certificate of registration as an instructor of barbering who:
(1) is a graduate of an approved high school, or its equivalent, as determined by examination by the Department of Education;
(2) has successfully completed vocational instructor training from a board-approved program or accredited college or university program that includes the following courses or their equivalents as determined by the board:
(i) introduction to career and technical education training;
(ii) philosophy and practice of career and technical education;
(iii) course development for career and technical education;
(iv) instructional methods for career and technical education; and
(v) human relations;
(3) is currently a registered barber and has at least three years experience as a registered barber in this state, or its equivalent in another state or jurisdiction as determined by the board; and
(4) has passed an examination conducted by the board to determine fitness to instruct in barbering.
Subd. 3.
[Repealed, 1991 c 282 s 23]
Subd. 4.
Examinations.
Examinations under this section shall be held not to exceed twice a year at times and at a place or places to be determined by the board. In case of an emergency, there being no registered instructor of barbering available, a temporary certificate as an instructor of barbering may be issued upon such terms and conditions as the board may prescribe.
Subd. 5.
[Repealed, 1991 c 282 s 23]
Subd. 6.
[Repealed, 1976 c 222 s 209]
Subd. 7.
[Repealed, 1991 c 282 s 23]
Subd. 8.
[Repealed, 1991 c 282 s 23]
History:
1945 c 159; 1967 c 692 s 1,2; 1985 c 248 s 70; 1986 c 444; 1989 c 62 s 1; 1991 c 282 s 6,7; 1Sp1995 c 3 art 16 s 13; 2003 c 130 s 12; 2013 c 85 art 5 s 7; 2016 c 189 art 13 s 36,37
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 154 — Barbers › Section 154.08 — Application; Fee.

154.08 APPLICATION; FEE.
Each applicant for an examination shall:
(1) make application to the Board of Barber Examiners on blank forms prepared and furnished by it, the application to contain proof under the applicant's oath of the particular qualifications and identity of the applicant;
(2) provide all documentation required in support of the application;
(3) pay to the board the required fee; and
(4) upon acceptance of the notarized application present a corresponding government-issued photo identification when the applicant appears for examination.
History:
(5846-8) 1927 c 316 s 8; 1929 c 270 s 8; 2004 c 269 art 3 s 8; 2009 c 78 art 6 s 26; 2013 c 85 art 5 s 9; 2016 c 189 art 13 s 39