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A bill for an act
relating to health occupations; modifying licensing and scope of practice for
acupuncture and herbal medicine practice, athletic training, mortuary science,
social work, dentistry practice, marriage and family therapy, pharmacy practice,
physical therapists, and advanced practice registered nurses; establishing registration
for massage therapists and Asian bodywork therapists; establishing licensure for
music therapists; modifying certain unlicensed practice provisions; establishing
advisory councils; imposing civil penalties; requiring reports; imposing fees;
appropriating money; amending Minnesota Statutes 2024, sections 144.0572,
subdivision 1; 146A.01, subdivision 4; 146A.06, subdivision 3; 146A.09, by adding
a subdivision; 147.081, subdivision 1; 147B.01, subdivisions 3, 4, 5, 9, 12, 14, 16,
16a, by adding subdivisions; 147B.02, subdivisions 4, 12; 147B.03, subdivisions
1, 2, 3, 4; 147B.05, subdivisions 1, 3; 147B.06, subdivisions 1, 5, by adding a
subdivision; 148.211, subdivision 1c, by adding a subdivision; 148.61, subdivision
5; 148.65, subdivisions 5, 6; 148.706, subdivisions 1, 2, 3; 148.7802, subdivision
6, by adding a subdivision; 148.7806; 148.7807; 148.7814; 148.941, subdivision
6; 148B.35; 148E.065, subdivision 4a; 148E.195, subdivision 2a; 148E.280;
149A.02, subdivision 26; 149A.20, subdivisions 6, 7; 149A.30, subdivision 1;
150A.01, subdivision 6a; 150A.05, subdivisions 1, 2; 150A.06, subdivisions 1,
1a, 1b, 1c, 2, 2a, 2c, 2d, 3, 8, 9, 11; 150A.08, subdivision 1; 150A.081, subdivision
1; 150A.091, subdivisions 2, 4, 5, 7, 8, 9a, 10, 20, by adding a subdivision;
150A.10, subdivisions 1, 1a, 4; 150A.105, subdivision 8; 150A.106, subdivision
3; 150A.11, subdivision 1; 151.01, subdivision 27; 151.071, subdivision 2; 151.37,
by adding a subdivision; 152.11, subdivision 2; 152.12, by adding a subdivision;
Minnesota Statutes 2025 Supplement, sections 147B.02, subdivisions 7, 9; 147B.06,
subdivision 4; 150A.06, subdivision 12; 151.01, subdivision 23; proposing coding
for new law in Minnesota Statutes, chapter 148; proposing coding for new law as
Minnesota Statutes, chapter 148H; repealing Minnesota Statutes 2024, sections
147B.01, subdivision 18; 148.7802, subdivisions 4, 5; 150A.06, subdivision 6.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
ACUPUNCTURE AND HERBAL MEDICINE PRACTICE
Section 1.
Minnesota Statutes 2024, section 146A.01, subdivision 4, is amended to read:
Subd. 4.
Complementary and alternative health care practices.
(a) "Complementary
and alternative health care practices" means the broad domain of complementary and
alternative healing methods and treatments, including but not limited to: (1) acupressure;
(2) anthroposophy; (3) aroma therapy; (4) ayurveda; (5) cranial sacral therapy; (6) culturally
traditional healing practices; (7) detoxification practices and therapies; (8) energetic healing;
(9) polarity therapy; (10) folk practices; (11) healing practices utilizing food, food
supplements, nutrients, and the physical forces of heat, cold, water, touch, and light; (12)
Gerson therapy and colostrum therapy; (13) healing touch; (14) herbology or herbalism;
(15) homeopathy; (16) nondiagnostic iridology; (17) body work, massage, and massage
therapy; (18) meditation; (19) mind-body healing practices; (20) naturopathy; (21)
noninvasive instrumentalities; and (22) traditional
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Oriental
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practices, such as Qi Gong
energy healing.
(b) Complementary and alternative health care practices do not include surgery, x-ray
radiation, administering or dispensing legend drugs and controlled substances, practices
that invade the human body by puncture of the skin, setting fractures, the use of medical
devices as defined in section
147A.01
, any practice included in the practice of dentistry as
defined in section
150A.05, subdivision 1
, or the manipulation or adjustment of articulations
of joints or the spine as described in section
146.23
or
148.01
.
(c) Complementary and alternative health care practices do not include practices that
are permitted under section
147.09
, clause (11), or
148.271
, clause (5).
(d) This chapter does not apply to, control, prevent, or restrict the practice, service, or
activity of lawfully marketing or distributing food products, including dietary supplements
as defined in the federal Dietary Supplement Health and Education Act, educating customers
about such products, or explaining the uses of such products. Under Minnesota law, an
unlicensed complementary and alternative health care practitioner may not provide a medical
diagnosis or recommend discontinuance of medically prescribed treatments.
Sec. 2.
Minnesota Statutes 2024, section 147B.01, is amended by adding a subdivision to
read:
new text begin
Subd. 2a.
new text end
new text begin
Acupuncture.
new text end
new text begin
"Acupuncture" means a unique treatment technique that uses
modern and traditional medical methods of diagnosis and treatment. Acupuncture includes
the insertion of filiform or acupuncture needles through the skin and may include the use
of other biophysical methods of acupuncture point stimulation, including the use of heat,
massage, or manual therapy techniques or electrical stimulation. Acupuncture includes but
is not limited to therapies termed "dry needling," "trigger point therapy," "intramuscular
therapy," "auricular detox treatment," and similar terms referring to the insertion of needles
past the skin for pain management, disease or symptom modification, or other related
treatments.
new text end
Sec. 3.
Minnesota Statutes 2024, section 147B.01, subdivision 3, is amended to read:
Subd. 3.
Acupuncture
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and herbal medicine
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practice.
"Acupuncture
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and herbal medicine
new text end
practice" means a
new text begin
unique and
new text end
comprehensive system of health care
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using Oriental medical
theory and its unique methods of diagnosis and treatment. Its treatment techniques include
the insertion of acupuncture needles through the skin and the use of other biophysical
methods of acupuncture point stimulation, including the use of heat, Oriental massage
techniques, electrical stimulation, herbal supplemental therapies, dietary guidelines, breathing
techniques, and exercise based on Oriental medical principles
deleted text end
new text begin
that uses traditional and
modern diagnosis, methodology, and treatment techniques based on acupuncture and herbal
medicine theory, principles, and methods. Treatment techniques include but are not limited
to acupuncture, cupping, dermal friction, therapeutic massage, herbal therapies, dietary
guidelines, mind-body exercises, and other appropriate techniques
new text end
.
Sec. 4.
Minnesota Statutes 2024, section 147B.01, subdivision 4, is amended to read:
Subd. 4.
Acupuncture needle.
"Acupuncture needle" means a needle designed
exclusively for
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acupuncture
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the
new text end
purposes
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of insertion past the skin to alleviate pain, provide
symptom relief, or modulate disease processes
new text end
. It has a solid core, with a tapered point, and
is 0.12 mm to 0.45 mm in thickness. It is constructed of stainless steel, gold, silver, or other
board-approved materials as long as the materials can be sterilized according to
recommendations of the National Centers for Disease Control and Prevention.
Sec. 5.
Minnesota Statutes 2024, section 147B.01, subdivision 5, is amended to read:
Subd. 5.
Acupuncture points.
"Acupuncture points" means specific anatomically
described locations as defined by the recognized acupuncture reference texts. These texts
are listed in the study guide to the examination for the
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NCCAOM
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NCBAHM
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certification
exam.
Sec. 6.
Minnesota Statutes 2024, section 147B.01, subdivision 9, is amended to read:
Subd. 9.
Breathing techniques.
"Breathing techniques" means
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Oriental
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breathing
exercises taught to a patient as part of a treatment plan.
Sec. 7.
Minnesota Statutes 2024, section 147B.01, subdivision 12, is amended to read:
Subd. 12.
Diplomate in acupuncture.
"Diplomate in acupuncture" means a person who
is certified by the
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NCCAOM
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NCBAHM
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as having met the standards of competence
established by the
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NCCAOM
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NCBAHM
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, who subscribes to the
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NCCAOM
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NCBAHM
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code of ethics, and who has a current and active
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NCCAOM
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new text begin
NCBAHM
new text end
certificate. Current
and active
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NCCAOM
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NCBAHM
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certification indicates successful completion of continued
professional development and previous satisfaction of
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NCCAOM
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NCBAHM
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requirements.
Sec. 8.
Minnesota Statutes 2024, section 147B.01, subdivision 14, is amended to read:
Subd. 14.
Herbal therapies
new text begin
or herbal medicine
new text end
.
"Herbal therapies"
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are
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new text begin
or "herbal
medicine" means
new text end
the use of herbs and patent herbal remedies as supplements as part of the
treatment plan of the patient.
Sec. 9.
Minnesota Statutes 2024, section 147B.01, is amended by adding a subdivision to
read:
new text begin
Subd. 14a.
new text end
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Low-level or cold laser.
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new text begin
"Low-level or cold laser" means a laser classified
as a Class IIIa laser used for stimulation of acupuncture points or channels.
new text end
Sec. 10.
Minnesota Statutes 2024, section 147B.01, is amended by adding a subdivision
to read:
new text begin
Subd. 14b.
new text end
new text begin
Low-level or cold laser acupuncture.
new text end
new text begin
"Low-level or cold laser acupuncture"
means acupuncture performed by using a low-level or cold laser to stimulate acupuncture
points or channels.
new text end
Sec. 11.
Minnesota Statutes 2024, section 147B.01, subdivision 16, is amended to read:
Subd. 16.
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NCCAOM
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new text begin
NCBAHM
new text end
.
"
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NCCAOM
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new text begin
NCBAHM
new text end
" means the National
Certification
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Commission for Acupuncture and Oriental Medicine
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Board for Acupuncture
and Herbal Medicine
new text end
, a not-for-profit corporation organized under section
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501(c)(4)
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501(c)(6)
new text end
of the Internal Revenue Code.
Sec. 12.
Minnesota Statutes 2024, section 147B.01, subdivision 16a, is amended to read:
Subd. 16a.
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NCCAOM
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new text begin
NCBAHM
new text end
certification.
"
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NCCAOM
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new text begin
NCBAHM
new text end
certification"
means a certification granted by the
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NCCAOM
deleted text end
new text begin
NCBAHM
new text end
to a person who has met the
standards of competence established for either
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NCCAOM
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new text begin
NCBAHM
new text end
certification in
acupuncture or
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NCCAOM
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new text begin
NCBAHM
new text end
certification in
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Oriental
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herbal
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medicine.
Sec. 13.
Minnesota Statutes 2024, section 147B.02, subdivision 4, is amended to read:
Subd. 4.
Exceptions.
(a) The following persons may practice acupuncture within the
scope of their practice without an acupuncture license:
(1) a physician licensed under chapter 147;
(2) an osteopathic physician licensed under chapter 147;
(3) a chiropractor licensed under chapter 148;
(4) a person who is studying in a formal course of study so long as the person's
acupuncture
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and herbal medicine
new text end
practice is supervised by a licensed acupuncturist or a
person who is exempt under clause (5);
(5) a visiting acupuncturist practicing acupuncture within an instructional setting for the
sole purpose of teaching at a school registered with the Minnesota Office of Higher
Education, who may practice without a license for a period of one year, with two one-year
extensions permitted; and
(6) a visiting acupuncturist who is in the state for the sole purpose of providing a tutorial
or workshop not to exceed 30 days in one calendar year.
(b) This chapter does not prohibit a person who does not have an acupuncturist license
from practicing specific noninvasive techniques, such as acupressure, that are within the
scope of practice as set forth in section
147B.06, subdivision 4
.
Sec. 14.
Minnesota Statutes 2025 Supplement, section 147B.02, subdivision 7, is amended
to read:
Subd. 7.
Licensure requirements.
(a) An applicant for licensure must:
(1) submit a completed application for licensure on forms provided by the board, which
must include the applicant's name and address of record, which shall be public;
(2) unless licensed under subdivision 6, submit evidence satisfactory to the board of
current
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NCCAOM
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new text begin
NCBAHM
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certification;
(3) sign a statement that the information in the application is true and correct to the best
of the applicant's knowledge and belief;
(4) submit with the application all fees required; and
(5) sign a waiver authorizing the board to obtain access to the applicant's records in this
state or any state in which the applicant has engaged in the practice of acupuncture.
(b) The board may ask the applicant to provide any additional information necessary to
ensure that the applicant is able to practice with reasonable skill and safety to the public.
(c) The board may investigate information provided by an applicant to determine whether
the information is accurate and complete. The board shall notify an applicant of action taken
on the application and the reasons for denying licensure if licensure is denied.
Sec. 15.
Minnesota Statutes 2025 Supplement, section 147B.02, subdivision 9, is amended
to read:
Subd. 9.
Renewal.
(a) To renew a license an applicant must:
(1) annually, or as determined by the board, complete a renewal application on a form
provided by the board;
(2) submit the renewal fee;
(3) provide documentation of current and active
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NCCAOM
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NCBAHM
new text end
certification; or
(4) if licensed under subdivision 6, meet the same
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NCCAOM
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new text begin
NCBAHM
new text end
professional
development activity requirements as those licensed under subdivision 7.
(b) An applicant shall submit any additional information requested by the board to clarify
information presented in the renewal application. The information must be submitted within
30 days after the board's request, or the renewal request is nullified.
(c) An applicant must maintain a correct mailing address with the board for receiving
board communications, notices, and license renewal documents. Placing the license renewal
application in first-class United States mail, addressed to the applicant at the applicant's last
known address with postage prepaid, constitutes valid service. Failure to receive the renewal
documents does not relieve an applicant of the obligation to comply with this section.
(d) The name of an applicant who does not return a complete license renewal application,
annual license fee, or late application fee, as applicable, within the time period required by
this section shall be removed from the list of individuals authorized to practice during the
current renewal period. If the applicant's license is reinstated, the applicant's name shall be
placed on the list of individuals authorized to practice.
Sec. 16.
Minnesota Statutes 2024, section 147B.02, subdivision 12, is amended to read:
Subd. 12.
Inactive status.
(a) A license may be placed in inactive status upon application
to the board and upon payment of an inactive status fee. The board may not renew or restore
a license that has lapsed and has not been renewed within two annual license renewal cycles.
(b) An inactive license may be reactivated by the license holder upon application to the
board. A licensee whose license is canceled for nonrenewal must obtain a new license by
applying for licensure and fulfilling all the requirements then in existence for the initial
license to practice acupuncture in the state of Minnesota. The application must include:
(1) evidence of current and active
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NCCAOM
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NCBAHM
new text end
certification;
(2) evidence of the certificate holder's payment of an inactive status fee;
(3) an annual fee; and
(4) all back fees since previous renewal.
(c) A person licensed under subdivision 5 who has allowed the license to reach inactive
status must become
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NCCAOM
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new text begin
NCBAHM
new text end
certified.
Sec. 17.
Minnesota Statutes 2024, section 147B.03, subdivision 1, is amended to read:
Subdivision 1.
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NCCAOM
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new text begin
NCBAHM
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requirements.
Unless a person is licensed under
section 147B.02, subdivision 6, each licensee is required to meet the
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NCCAOM
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new text begin
NCBAHM
new text end
professional development activity requirements to maintain
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NCCAOM
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NCBAHM
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certification. These requirements may be met through a board approved continuing education
program.
Sec. 18.
Minnesota Statutes 2024, section 147B.03, subdivision 2, is amended to read:
Subd. 2.
Board approval.
The board shall approve a continuing education program if
the program meets the following requirements:
(1) it directly relates to the practice of acupuncture;
(2) each member of the faculty shows expertise in the subject matter by holding a degree
or certificate from an educational institution, has verifiable experience in
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traditional Oriental
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acupuncture and herbal
new text end
medicine, or has special training in the subject area;
(3) the program lasts at least one contact hour;
(4) there are specific written objectives describing the goals of the program for the
participants; and
(5) the program sponsor maintains attendance records for four years.
Sec. 19.
Minnesota Statutes 2024, section 147B.03, subdivision 3, is amended to read:
Subd. 3.
Continuing education topics.
(a) Continuing education program topics may
include
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,
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but are not limited to
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, Oriental medical
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new text begin
acupuncture and herbal medicine
new text end
theory
and techniques including
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Oriental
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massage;
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Oriental
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nutrition;
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Oriental
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herbology and diet
therapy;
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Oriental
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exercise;
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western sciences such as
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anatomy, physiology, biochemistry,
microbiology, psychology,
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nutrition,
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new text begin
and
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history of medicine; and medical terminology or
coding.
(b) Practice management courses are excluded under this section.
Sec. 20.
Minnesota Statutes 2024, section 147B.03, subdivision 4, is amended to read:
Subd. 4.
Verification.
The board shall periodically select a random sample of
acupuncturists and require the acupuncturist to show evidence of having completed the
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NCCAOM
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new text begin
NCBAHM
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professional development activities requirements. Either the
acupuncturist, the state, or the national organization that maintains continuing education
records may provide the board documentation of the continuing education program.
Sec. 21.
Minnesota Statutes 2024, section 147B.05, subdivision 1, is amended to read:
Subdivision 1.
Creation.
The advisory council to the Board of Medical Practice for
acupuncture consists of seven members appointed by the board to three-year terms. Four
members must be
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licensed
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acupuncture practitioners
new text begin
licensed in Minnesota
new text end
, one member
must be a licensed physician or osteopathic physician who also practices acupuncture, one
member must be a licensed chiropractor who is
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NCCAOM
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NCBAHM
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certified, and one
member must be a member of the public who has received acupuncture treatment as a
primary therapy from a
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NCCAOM
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NCBAHM
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certified acupuncturist.
Sec. 22.
Minnesota Statutes 2024, section 147B.05, subdivision 3, is amended to read:
Subd. 3.
Duties.
The advisory council shall:
(1) advise the board on issuance, denial, renewal, suspension, revocation, conditioning,
or restricting of licenses to practice acupuncture;
(2) advise the board on issues related to receiving, investigating, conducting hearings,
and imposing disciplinary action in relation to complaints against acupuncture practitioners;
(3) maintain a register of acupuncture practitioners licensed under section
147B.02
;
(4) maintain a record of all advisory council actions;
(5) prescribe registration application forms, license forms, protocol forms, and other
necessary forms;
(6) review the patient visit records submitted by applicants during the transition period;
(7) advise the board regarding standards for acupuncturists;
(8) distribute information regarding acupuncture
new text begin
and herbal medicine
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practice standards;
(9) review complaints;
(10) advise the board regarding continuing education programs;
(11) review the investigation of reports of complaints and recommend to the board
whether disciplinary action should be taken; and
(12) perform other duties authorized by advisory councils under chapter 214, as directed
by the board.
Sec. 23.
Minnesota Statutes 2024, section 147B.06, subdivision 1, is amended to read:
Subdivision 1.
Practice standards.
(a) Before treatment of a patient, an acupuncture
practitioner shall ask whether the patient has been examined by a licensed physician or other
professional, as defined by section
145.61, subdivision 2
, with regard to the patient's illness
or injury, and shall review the diagnosis as reported.
(b) The practitioner shall obtain informed consent from the patient, after advising the
patient of the following information which must be supplied to the patient
deleted text begin
in writing
deleted text end
before
or at the time of the initial visit:
(1) the practitioner's qualifications including:
(i) education;
(ii) license information; and
(iii) outline of the scope of practice of acupuncturists in Minnesota; and
(2) side effects which may include the following:
(i) some pain in the treatment area;
(ii) minor bruising;
(iii) infection;
(iv) needle sickness; or
(v) broken needles.
(c) The practitioner shall obtain acknowledgment by the patient in writing that the patient
has been advised to consult with the patient's primary care physician about the acupuncture
treatment if the patient circumstances warrant or the patient chooses to do so.
(d) The practitioner shall inquire whether the patient has a pacemaker or bleeding disorder.
Sec. 24.
Minnesota Statutes 2025 Supplement, section 147B.06, subdivision 4, is amended
to read:
Subd. 4.
Scope of practice.
new text begin
(a)
new text end
The scope of practice of acupuncture
new text begin
and herbal medicine
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includes
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,
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but is not limited to
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,
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the following:
(1)
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using Oriental medical theory to assess and diagnose a patient; and
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new text begin
evaluation,
management, and treatment services using methods and techniques described in section
147B.01, subdivisions 2a, 3, and 14;
new text end
(2)
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using Oriental medical theory to develop a plan to treat a patient. The treatment
techniques that may be chosen include:
deleted text end
new text begin
diagnostic examination, testing, and procedures,
including physical examination, basic diagnostic imaging, and basic laboratory or other
diagnostic tests for the purposes of guiding treatment within the scope of practice of
acupuncture, herbal medicine, and herbal therapies, as described in section 147B.01,
subdivisions 2a, 3, and 14. When results fall outside of the education, training, and expertise
of a licensed acupuncturist, or suggest serious or emergent conditions, the acupuncturist
must facilitate referrals to other appropriate health care providers;
new text end
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(i) insertion of sterile acupuncture needles through the skin;
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(ii) acupuncture stimulation including, but not limited to, electrical stimulation or the
application of heat;
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(iii) cupping;
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(iv) dermal friction;
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(v) acupressure;
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(vi) herbal therapies;
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(vii) dietary counseling based on traditional Chinese medical principles;
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(viii) breathing techniques;
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(ix) exercise according to Oriental medical principles; or
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(x) Oriental massage.
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new text begin
(3) services included in acupuncture and herbal medicine practice;
new text end
new text begin
(4) stimulation of acupuncture points, areas of the body, or substances in the body using
acupuncture needles, heat, color, light, infrared and ultraviolet, low-level or cold lasers,
sound, vibration, pressure, magnetism, electricity, electromagnetic energy, suction, or other
devices in accordance with the training of an acupuncture practitioner;
new text end
new text begin
(5) use of physical medicine modalities, procedures, and devices, including but not
limited to cupping, dermal friction, acupressure, and massage, as described in section
147B.01, subdivisions 2a, 3, and 14;
new text end
new text begin
(6) use of therapeutic exercises, breathing techniques, meditation, and biofeedback
devices and other devices that utilize heat, color, light, infrared and ultraviolet, low-level
or cold lasers, sound, vibration, pressure, magnetism, electricity, and electromagnetic energy
for therapeutic purposes; and
new text end
new text begin
(7) general dietary guidance that is provided for wellness and supportive purposes and
that is consistent with the education and training of an acupuncture practitioner.
new text end
new text begin
(b) Low-level or cold laser acupuncture must only be performed in accordance with all
relevant acupuncture accreditation standards and federal laws, including Food and Drug
Administration rules and regulations.
new text end
new text begin
(c) Low-level or cold laser acupuncture performed on a patient's head must be outside
the orbital rim.
new text end
Sec. 25.
Minnesota Statutes 2024, section 147B.06, subdivision 5, is amended to read:
Subd. 5.
Patient records.
An acupuncturist shall maintain a patient record for each
patient treated, including:
(1) a copy of the informed consent;
(2) evidence of a patient interview concerning the patient's medical history and current
physical condition;
(3) evidence of
deleted text begin
a traditional acupuncture
deleted text end
examination and diagnosis;
(4) record of the treatment including points treated; and
(5) evidence of evaluation and instructions given to the patient.
Sec. 26.
Minnesota Statutes 2024, section 147B.06, is amended by adding a subdivision
to read:
new text begin
Subd. 8.
new text end
new text begin
Licensed health care professionals.
new text end
new text begin
Nothing in section 147B.01, subdivision
2a, shall be construed to expand or restrict the existing scope of practice of other licensed
health care professionals.
new text end
Sec. 27.
new text begin
REPEALER.
new text end
new text begin
Minnesota Statutes 2024, section 147B.01, subdivision 18,
new text end
new text begin
is repealed.
new text end
ARTICLE 2
ATHLETIC TRAINER PRACTICE
Section 1.
Minnesota Statutes 2024, section 148.7802, subdivision 6, is amended to read:
Subd. 6.
Athletic trainer.
"Athletic trainer" means a person who engages in athletic
training under section
148.7806
and is licensed under section
148.7808
.
new text begin
Athletic trainers
practice in health care settings and serve patient populations as identified by the Board of
Certification for the Athletic Trainer or its recognized successor and by approved education
programs.
new text end
Sec. 2.
Minnesota Statutes 2024, section 148.7802, is amended by adding a subdivision
to read:
new text begin
Subd. 6a.
new text end
new text begin
Athletic training.
new text end
new text begin
"Athletic training" means the following actions performed
for the purpose of treating emergent, acute, and chronic injuries and nonorthopedic conditions
and performed within the professional training and experience provided by an approved
education program and included in an athletic trainer credentialing examination:
new text end
new text begin
(1) risk reduction, wellness, and health literacy;
new text end
new text begin
(2) assessment, evaluation, and diagnosis;
new text end
new text begin
(3) critical incident management;
new text end
new text begin
(4) therapeutic intervention; and
new text end
new text begin
(5) health care administration and professional responsibility.
new text end
Sec. 3.
Minnesota Statutes 2024, section 148.7806, is amended to read:
148.7806 ATHLETIC TRAINING.
deleted text begin
Athletic training by a licensed athletic trainer under section
148.7808
includes the
activities described in paragraphs (a) to (e).
deleted text end
(a) An athletic trainer shall
deleted text begin
:
deleted text end
new text begin
perform athletic training under the supervision of, on the
prescription of, and in collaboration with, a primary physician:
new text end
new text begin
(1) who is licensed in Minnesota to practice medicine, as defined in section 147.081;
and
new text end
new text begin
(2) whose license is in good standing.
new text end
deleted text begin
(1) prevent, recognize, and evaluate athletic injuries;
deleted text end
deleted text begin
(2) give emergency care and first aid;
deleted text end
deleted text begin
(3) manage and treat athletic injuries; and
deleted text end
deleted text begin
(4) rehabilitate and physically recondition athletic injuries.
deleted text end
deleted text begin
The
deleted text end
new text begin
(b) An
new text end
athletic trainer
deleted text begin
may use modalities such as cold, heat, light, sound, electricity,
exercise, and mechanical devices
deleted text end
new text begin
must use therapeutic interventions within the training and
experience of the athletic trainer according to section 148.7802, subdivision 6a
new text end
for
new text begin
the
new text end
treatment and rehabilitation of
deleted text begin
athletic injuries to athletes in the primary employment site
deleted text end
new text begin
patients
new text end
.
deleted text begin
(b)
deleted text end
new text begin
(c)
new text end
The primary physician shall establish evaluation and treatment protocols to be
used by the athletic trainer. The primary physician shall record the protocols on a form
prescribed by the board. The protocol form must be updated yearly at the athletic trainer's
license renewal time and kept on file by the athletic trainer.
deleted text begin
(c)
deleted text end
new text begin
(d)
new text end
At the primary employment site,
deleted text begin
except in a corporate setting,
deleted text end
an athletic trainer
may evaluate and treat
deleted text begin
an athlete for an athletic injury
deleted text end
new text begin
a patient who was
new text end
not previously
diagnosed for not more than 30 days
deleted text begin
, or a period of time as designated by the primary
physician on the protocol form,
deleted text end
from the date of the initial evaluation and treatment.
deleted text begin
Preventative care after resolution of the injury is
deleted text end
new text begin
Prevention, wellness, education, exercise,
and reconditioning are
new text end
not considered treatment. This paragraph does not apply to a person
who is referred for treatment by a person licensed in this state to practice medicine as defined
in section
147.081
deleted text begin
,
deleted text end
new text begin
;
new text end
to practice chiropractic as defined in section
148.01
deleted text begin
,
deleted text end
new text begin
; to practice physical
therapy as defined in section 148.65, except as provided in paragraph (f);
new text end
to practice podiatry
as defined in section
153.01
deleted text begin
,
deleted text end
new text begin
;
new text end
or to practice dentistry as defined in section
150A.05
new text begin
,
new text end
and
whose license is in good standing.
deleted text begin
(d)
deleted text end
new text begin
(e)
new text end
An athletic trainer
deleted text begin
may
deleted text end
:
(1)
new text begin
may
new text end
organize and administer an athletic training program
new text begin
,
new text end
including
deleted text begin
,
deleted text end
but not limited
to
deleted text begin
,
deleted text end
educating and counseling
deleted text begin
athletes
deleted text end
new text begin
patients
new text end
;
(2)
new text begin
must
new text end
monitor the signs, symptoms, general behavior, and general physical response
of
deleted text begin
an athlete
deleted text end
new text begin
a patient
new text end
to treatment and rehabilitation
new text begin
,
new text end
including
deleted text begin
,
deleted text end
but not limited to
deleted text begin
,
deleted text end
whether
the signs, symptoms, reactions, behavior, or general response show abnormal characteristics
new text begin
that require a change in the plan of care or a referral
new text end
; and
(3)
new text begin
must
new text end
make suggestions to the primary physician or other treating provider for a
modification in the treatment and rehabilitation of
deleted text begin
an injured athlete
deleted text end
new text begin
a patient
new text end
based on the
indicators in clause (2).
deleted text begin
(e)
deleted text end
new text begin
(f)
new text end
In a clinical, corporate, and physical therapy setting, when the service provided
is, or is represented as being, physical therapy, an athletic trainer may work only under the
direct supervision of a physical therapist as defined in section
148.65
.
Sec. 4.
Minnesota Statutes 2024, section 148.7807, is amended to read:
148.7807 LIMITATIONS ON PRACTICE.
new text begin
(a) An athletic trainer must not practice or claim to practice medicine as defined in
section 147.081; acupuncture as defined in section 147B.01; chiropractic as defined in
section 148.01; physical therapy as defined in section 148.65, except as provided under
section 148.7806, paragraph (f); podiatry as defined in section 153.01; occupational therapy
as defined in section 148.6404; or any other licensed or registered health care profession,
unless the athletic trainer also holds the appropriate license or registration to practice that
profession.
new text end
new text begin
(b)
new text end
If an athletic trainer determines that a patient's medical condition is
deleted text begin
beyond
deleted text end
new text begin
outside
new text end
the scope of practice of that athletic trainer, the athletic trainer must refer the patient to a
person licensed in this state to practice medicine as defined in section
147.081
deleted text begin
,
deleted text end
new text begin
;
new text end
to practice
chiropractic as defined in section
148.01
deleted text begin
,
deleted text end
new text begin
; to practice physical therapy as defined in section
148.65, except as provided under section 148.7806, paragraph (f);
new text end
to practice podiatry as
defined in section
153.01
deleted text begin
,
deleted text end
new text begin
;
new text end
or to practice dentistry as defined in section
150A.05
new text begin
,
new text end
and whose
license is in good standing and in accordance with established evaluation and treatment
protocols. An athletic trainer shall modify or terminate treatment of a patient that is not
beneficial to the patient, or that is not tolerated by the patient.
Sec. 5.
Minnesota Statutes 2024, section 148.7814, is amended to read:
148.7814 APPLICABILITY.
Sections
148.7801
to
148.7815
do not apply to
deleted text begin
persons who are certified as
deleted text end
new text begin
an
new text end
athletic
deleted text begin
trainers
deleted text end
new text begin
trainer who is in Minnesota temporarily with an individual or group that is
participating in a specific athletic event or series of athletic events if the athletic trainer is
licensed, certified, or registered by another state or county, or is certified as an athletic
trainer
new text end
by the Board of Certification or the board's recognized successor
deleted text begin
and come into
Minnesota for a specific athletic event or series of athletic events with an individual or
group
deleted text end
.
Sec. 6.
new text begin
REPEALER.
new text end
new text begin
Minnesota Statutes 2024, section 148.7802, subdivisions 4 and 5,
new text end
new text begin
are repealed.
new text end
ARTICLE 3
MASSAGE THERAPY AND ASIAN BODYWORK THERAPY REGISTRATION
Section 1.
Minnesota Statutes 2024, section 144.0572, subdivision 1, is amended to read:
Subdivision 1.
Criminal history background check requirements.
(a)
deleted text begin
Beginning
January 1, 2018,
deleted text end
An applicant for initial licensure, temporary licensure, or relicensure after
a lapse in licensure as an audiologist
deleted text begin
or
deleted text end
new text begin
, a
new text end
speech-language pathologist,
new text begin
or
new text end
a speech-language
pathology assistant
deleted text begin
,
deleted text end
new text begin
; an applicant for initial massage therapist or Asian bodywork therapist
registration;
new text end
or an applicant for initial certification as a hearing instrument dispenser, must
submit to a criminal history records check of state data completed by the Bureau of Criminal
Apprehension (BCA) and a national criminal history records check, including a search of
the records of the Federal Bureau of Investigation (FBI).
(b) Beginning January 1, 2020, an applicant for a renewal license or certificate as an
audiologist, speech-language pathologist, or hearing instrument dispenser who was licensed
or obtained a certificate before January 1, 2018, must submit to a criminal history records
check of state data completed by the BCA and a national criminal history records check,
including a search of the records of the FBI.
(c) An applicant must submit to a background study under chapter 245C.
(d) The criminal history records check must be structured so that any new crimes that
an applicant
deleted text begin
or
deleted text end
new text begin
,
new text end
licensee
new text begin
, registrant,
new text end
or certificate holder commits after the initial background
check are flagged in the BCA's or FBI's database and reported back to the commissioner of
human services.
Sec. 2.
Minnesota Statutes 2024, section 146A.06, subdivision 3, is amended to read:
Subd. 3.
Exchanging information.
(a) The office shall establish internal operating
procedures for:
(1) exchanging information with state boards; agencies, including the Office of
Ombudsman for Mental Health and Developmental Disabilities; health-related and law
enforcement facilities; departments responsible for licensing health-related occupations,
facilities, and programs; and law enforcement personnel in this and other states; and
(2) coordinating investigations involving matters within the jurisdiction of more than
one regulatory agency.
(b) The procedures for exchanging information must provide for the forwarding to the
entities described in paragraph (a), clause (1), of information and evidence, including the
results of investigations, that are relevant to matters within the regulatory jurisdiction of
the organizations in paragraph (a). The data have the same classification in the hands of the
agency receiving the data as they have in the hands of the agency providing the data.
(c) The office shall establish procedures for exchanging information with other states
regarding disciplinary action against unlicensed complementary and alternative health care
practitioners.
(d) The office shall forward to another governmental agency any complaints received
by the office that do not relate to the office's jurisdiction but that relate to matters within
the jurisdiction of the other governmental agency. The agency to which a complaint is
forwarded shall advise the office of the disposition of the complaint. A complaint or other
information received by another governmental agency relating to a statute or rule that the
office is empowered to enforce must be forwarded to the office to be processed in accordance
with this section.
(e) The office shall furnish to a person who made a complaint a description of the actions
of the office relating to the complaint.
new text begin
(f) Effective July 1, 2028, upon request by the commissioner, the office must share all
complaint, investigatory, and disciplinary data regarding a named individual who has
practiced or is practicing massage therapy or Asian bodywork therapy as an unlicensed
complementary and alternative health care practitioner.
new text end
Sec. 3.
Minnesota Statutes 2024, section 146A.09, is amended by adding a subdivision to
read:
new text begin
Subd. 8.
new text end
new text begin
Registered massage therapists and Asian bodywork therapists.
new text end
new text begin
Effective
July 1, 2028, a person whose registration as a massage therapist or Asian bodywork therapist
under sections 148.636 to 148.6377 has been suspended or revoked by the commissioner
of health must not practice as an unlicensed complementary and alternative health care
practitioner under this chapter during a period of suspension or revocation.
new text end
Sec. 4.
new text begin
[148.636] CITATION.
new text end
new text begin
Sections 148.636 to 148.6377 may be cited as the "Minnesota Massage Therapy and
Asian Bodywork Therapy Act."
new text end
Sec. 5.
new text begin
[148.6361] DEFINITIONS.
new text end
new text begin
Subdivision 1.
new text end
new text begin
Applicability.
new text end
new text begin
For purposes of sections 148.636 to 148.6377, the terms
defined in this section have the meanings given unless the context clearly indicates otherwise.
new text end
new text begin
Subd. 2.
new text end
new text begin
Advisory council.
new text end
new text begin
"Advisory council" means the Massage Therapy Advisory
Council established under section 148.6376.
new text end
new text begin
Subd. 3.
new text end
new text begin
Applicant.
new text end
new text begin
"Applicant" means an individual who has submitted an application
to the commissioner according to sections 148.636 to 148.6377.
new text end
new text begin
Subd. 4.
new text end
new text begin
Asian bodywork therapy.
new text end
new text begin
(a) "Asian bodywork therapy" means therapy based
upon Chinese medical principles with the intent of promoting, maintaining, and restoring
health and well-being by affecting the body.
new text end
new text begin
(b) Asian bodywork therapy may use any of the following techniques:
new text end
new text begin
(1) pressing;
new text end
new text begin
(2) soothing;
new text end
new text begin
(3) kneading;
new text end
new text begin
(4) vibration;
new text end
new text begin
(5) friction;
new text end
new text begin
(6) passive stretching within the client's physiological range of motion;
new text end
new text begin
(7) active assistive and resistive movement;
new text end
new text begin
(8) stretching; and
new text end
new text begin
(9) tapping, movement, exercising, or manipulation of the soft tissues.
new text end
new text begin
(c) Methods of assessment and evaluation for Asian bodywork therapy must include a
health history and intake interview; observation; listening; questioning; palpation; and with
the client's permission or if the client is a minor, the permission of the client's legal guardian
or parent, consultation with the client's other health care providers.
new text end
new text begin
Subd. 5.
new text end
new text begin
Client.
new text end
new text begin
"Client" means a recipient of massage therapy services or Asian
bodywork therapy services.
new text end
new text begin
Subd. 6.
new text end
new text begin
Commissioner.
new text end
new text begin
"Commissioner" means the commissioner of health.
new text end
new text begin
Subd. 7.
new text end
new text begin
Contact hours.
new text end
new text begin
"Contact hours" means the number of hours during which a
student is engaged in learning activities provided by a training program approved by the
advisory council. Contact hours include synchronous or asynchronous distance learning
and in-person learning.
new text end
new text begin
Subd. 8.
new text end
new text begin
Credentialing examination.
new text end
new text begin
"Credentialing examination" means an examination
approved by the commissioner that meets recognized psychometric principles and standards
and is administered by a national testing organization.
new text end
new text begin
Subd. 9.
new text end
new text begin
Massage therapy.
new text end
new text begin
(a) "Massage therapy" means the manual manipulation of
the soft tissues of the body to promote, maintain, and restore health and well-being.
new text end
new text begin
(b) Massage therapy may use any of the following techniques:
new text end
new text begin
(1) stroking;
new text end
new text begin
(2) gliding;
new text end
new text begin
(3) lifting;
new text end
new text begin
(4) kneading;
new text end
new text begin
(5) jostling;
new text end
new text begin
(6) vibration;
new text end
new text begin
(7) percussion;
new text end
new text begin
(8) compression;
new text end
new text begin
(9) friction;
new text end
new text begin
(10) holding;
new text end
new text begin
(11) passive stretching within the client's physiological range of motion;
new text end
new text begin
(12) movement or manipulation of the soft tissues;
new text end
new text begin
(13) active assistive and resistive movement; and
new text end
new text begin
(14) stretching.
new text end
new text begin
(c) Methods of assessment for massage therapy must include a health history and intake
interview; observation of posture and movement; palpation; range of motion assessment;
and with the client's permission or if the client is a minor, the permission of the client's legal
guardian or parent, consultation with the client's other health care providers.
new text end
new text begin
Subd. 10.
new text end
new text begin
Municipality.
new text end
new text begin
"Municipality" means a county, town, or home rule charter or
statutory city.
new text end
new text begin
Subd. 11.
new text end
new text begin
Registered Asian bodywork therapist.
new text end
new text begin
"Registered Asian bodywork therapist"
means an individual who meets the qualifications in sections 148.636 to 148.6377 to use
the protected titles for Asian bodywork therapists under section 148.6364 and is registered
with the commissioner.
new text end
new text begin
Subd. 12.
new text end
new text begin
Registered massage therapist.
new text end
new text begin
"Registered massage therapist" means an
individual who meets the qualifications in sections 148.636 to 148.6377 to use the protected
titles for massage therapists under section 148.6364 and is registered with the commissioner.
new text end
new text begin
Subd. 13.
new text end
new text begin
Registrant.
new text end
new text begin
"Registrant" means an individual registered with the commissioner
under sections 148.636 to 148.6377.
new text end
Sec. 6.
new text begin
[148.6362] DUTIES OF THE COMMISSIONER.
new text end
new text begin
The commissioner shall:
new text end
new text begin
(1) issue registrations to qualified applicants according to sections 148.636 to 148.6377;
new text end
new text begin
(2) adopt rules, including standards of practice and a professional code of ethics, necessary
to implement sections 148.636 to 148.6377;
new text end
new text begin
(3) assign duties to the advisory council that are necessary to implement sections 148.636
to 148.6377;
new text end
new text begin
(4) approve a credentialing examination;
new text end
new text begin
(5) enforce sections 148.636 to 148.6377 and investigate violations of sections 148.636
to 148.6377 by a registrant or applicant;
new text end
new text begin
(6) impose disciplinary action as described in section 148.6370;
new text end
new text begin
(7) maintain a record of names and addresses of registrants; and
new text end
new text begin
(8) distribute information regarding massage therapy and Asian bodywork therapy
standards, including applications and forms necessary to carry out sections 148.636 to
148.6377.
new text end
Sec. 7.
new text begin
[148.6363] LIMITATIONS ON PRACTICE.
new text end
new text begin
Subdivision 1.
new text end
new text begin
Limitations.
new text end
new text begin
The practice of massage therapy and Asian bodywork
therapy does not include:
new text end
new text begin
(1) performing examinations for the purpose of diagnosis;
new text end
new text begin
(2) providing treatments that are outside the scope of massage therapy or Asian bodywork
therapy practice;
new text end
new text begin
(3) attempts to adjust, manipulate, or mobilize any articulation of the body or spine by
the use of high-velocity, low-amplitude thrusting force;
new text end
new text begin
(4) attempts to stimulate various points of the body by needle insertion or interruption
of the cutaneous integrity by needle insertion to secure therapeutic relief of symptoms;
new text end
new text begin
(5) prescriptive exercise;
new text end
new text begin
(6) manual or mechanical traction when applied to the spine or extremities for the
purposes of joint mobilization or manipulation;
new text end
new text begin
(7) injection therapy;
new text end
new text begin
(8) laser therapy;
new text end
new text begin
(9) microwave diathermy;
new text end
new text begin
(10) electrical stimulation;
new text end
new text begin
(11) ultrasound;
new text end
new text begin
(12) iontophoresis; or
new text end
new text begin
(13) phonophoresis.
new text end
new text begin
Subd. 2.
new text end
new text begin
Referrals to other health care providers.
new text end
new text begin
If a registered massage therapist or
Asian bodywork therapist finds a client's medical condition is beyond the scope of practice
established by sections 148.636 to 148.6377 for a registered massage therapist or Asian
bodywork therapist, the therapist must refer the client to a licensed health care provider.
Nothing in this subdivision prohibits the registered massage therapist or Asian bodywork
therapist from continuing to comanage a client's care.
new text end
Sec. 8.
new text begin
[148.6364] PROTECTED TITLES AND RESTRICTIONS ON USE.
new text end
new text begin
Effective January 1, 2028, no person shall use any of the terms or titles "registered
massage therapist," "RMT," "registered Asian bodywork therapist," "RABT," or any other
term or title that may lead the public to believe the person is a registered massage therapist
or registered Asian bodywork therapist, unless the person is registered under sections 148.636
to 148.6377.
new text end
Sec. 9.
new text begin
[148.6365] EXEMPTIONS; OTHER HEALTH CARE PROVIDERS.
new text end
new text begin
Subdivision 1.
new text end
new text begin
Other professions.
new text end
new text begin
Nothing in sections 148.636 to 148.6377 shall be
construed to prohibit, restrict, or regulate the practice of any profession or occupation
licensed or registered in the state by an individual licensed or registered to practice the
profession or occupation or to perform any act that falls within the scope of practice of the
profession or occupation.
new text end
new text begin
Subd. 2.
new text end
new text begin
Complementary and alternative health care practitioner.
new text end
new text begin
Nothing in sections
148.636 to 148.6377 shall be construed to prohibit, restrict, or regulate the practice of any
individual who is engaged in providing complementary and alternative health care practices
as defined in section 146A.01, subdivision 4, provided that the practitioner does not use a
protected title under section 148.6364 or advertise or imply that the practitioner is registered
under sections 148.636 to 148.6377.
new text end
Sec. 10.
new text begin
[148.6366] REQUIREMENTS FOR REGISTRATION.
new text end
new text begin
Subdivision 1.
new text end
new text begin
General registration requirements.
new text end
new text begin
(a) To be eligible for registration
as a massage therapist or Asian bodywork therapist according to sections 148.636 to
148.6377, an applicant must submit to the commissioner:
new text end
new text begin
(1) a completed application on a form provided by the commissioner that includes:
new text end
new text begin
(i) the applicant's name, Social Security number, home address and telephone number,
and business address and telephone number;
new text end
new text begin
(ii) a list of credentials held by the applicant in this state or in any other jurisdiction;
new text end
new text begin
(iii) a description of any jurisdiction's refusal to license or credential the applicant;
new text end
new text begin
(iv) a description of all professional disciplinary actions initiated against the applicant
in this state or any other jurisdiction;
new text end
new text begin
(v) any misdemeanor, gross misdemeanor, or felony convictions; and
new text end
new text begin
(vi) any other additional information requested by the commissioner;
new text end
new text begin
(2) proof, as required by the commissioner, that the applicant has satisfactorily completed
a postsecondary massage therapy program or Asian bodywork therapy program through a
school or program that:
new text end
new text begin
(i) is licensed by or registered with the Office of Higher Education or has conditional
approval for a registered school and provisional license from the Office of Higher Education;
and
new text end
new text begin
(ii) meets the education and training requirements described under subdivision 2 or 3;
new text end
new text begin
(3) proof of successful passage of a credentialing examination approved by the
commissioner;
new text end
new text begin
(4) proof, as required by the commissioner, of current professional liability insurance
coverage or school liability insurance coverage, as applicable, with at least $2,000,000 of
coverage per occurrence and $6,000,000 annual aggregate; and
new text end
new text begin
(5) any applicable fees specified in section 148.6377.
new text end
new text begin
(b) The applicant must submit to a criminal background check conducted in accordance
with section 144.0572 and pay any fees associated with conducting the criminal background
check.
new text end
new text begin
(c) The applicant must sign the application certifying that the information in the
application is true and correct to the best of the applicant's knowledge and authorizing the
commissioner to obtain access to the applicant's records in this state or any other jurisdiction
in which the applicant has engaged in the practice of massage therapy or Asian bodywork
therapy.
new text end
new text begin
Subd. 2.
new text end
new text begin
Education and training requirements for massage therapy registration.
new text end
new text begin
(a)
An applicant for registration as a massage therapist under subdivision 1 whose application
is received by the commissioner before July 1, 2031, must submit to the commissioner proof
of satisfactorily completing a postsecondary program that meets the requirements in
subdivision 1, paragraph (a), clause (2), item (i), and includes education and training in:
new text end
new text begin
(1) anatomy;
new text end
new text begin
(2) physiology;
new text end
new text begin
(3) pathology;
new text end
new text begin
(4) massage therapy;
new text end
new text begin
(5) massage therapy history, theory, and research;
new text end
new text begin
(6) professional ethics;
new text end
new text begin
(7) therapeutic interpersonal communications and standards of practice;
new text end
new text begin
(8) business and legal practices related to massage therapy; and
new text end
new text begin
(9) supervised practice demonstrating safe use of equipment and supplies.
new text end
new text begin
(b) An applicant for registration as a massage therapist under subdivision 1 whose
application is received by the commissioner on or after July 1, 2031, must submit to the
commissioner proof of satisfactorily completing a postsecondary massage therapy program
that meets the requirements in subdivision 1, paragraph (a), clause (2), item (i), and either:
new text end
new text begin
(1) has programmatic accreditation for massage therapy training programs from an
agency recognized by the United States Department of Education; or
new text end
new text begin
(2) includes at least 625 contact hours of education and training composed of 500 contact
hours of instruction in the areas listed in paragraph (a) and 125 contact hours of student
clinical practice.
new text end
new text begin
(c) A program may require more than 625 total contact hours of education and training,
and may require more than 125 hours of supervised clinical practice, if at least 500 contact
hours are devoted to instruction in the subjects listed in paragraph (a).
new text end
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(d) A student shall not begin a supervised clinical practice of massage therapy without
student or professional liability insurance coverage of up to $2,000,000 per occurrence and
$6,000,000 annual aggregate. The school or program may offer to the student, the student
or professional liability insurance coverage required under this paragraph.
new text end
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Subd. 3.
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new text begin
Education and training requirements for Asian bodywork therapy
registration.
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new text begin
(a) An applicant for registration as an Asian bodywork therapist under
subdivision 1 whose application is received by the commissioner before July 1, 2031, must
submit to the commissioner proof of satisfactorily completing a postsecondary program
that meets the requirements in subdivision 1, paragraph (a), clause (2), item (i), and includes
education and training in:
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(1) anatomy;
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(2) physiology;
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(3) pathology;
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(4) Asian bodywork therapy;
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(5) traditional Chinese medicine theory;
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(6) Asian bodywork history, theory, and research;
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(7) professional ethics;
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(8) therapeutic interpersonal communications and standards of practice;
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(9) business and legal practices related to Asian bodywork therapy; and
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(10) supervised practice demonstrating safe use of equipment and supplies.
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(b) An applicant for registration as an Asian bodywork therapist under subdivision 1
whose application is received by the commissioner on or after July 1, 2031, must submit to
the commissioner proof of satisfactorily completing a postsecondary program that meets
the requirements in subdivision 1, paragraph (a), clause (2), item (i), and either:
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(1) has programmatic accreditation for Asian bodywork therapy training programs from
an agency recognized by the United States Department of Education; or
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(2) includes at least 625 contact hours of education and training composed of 500 contact
hours of instruction in the areas listed in paragraph (a) and 125 contact hours of student
clinical practice.
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(c) An Asian bodywork therapy school or program may require more than 625 total
contact hours of education and training, and may require more than 125 hours of supervised
clinical practice, if at least 500 contact hours are devoted to instruction in the subjects listed
in paragraph (a).
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(d) A student shall not begin a supervised clinical practice of Asian bodywork therapy
without providing proof to the Asian bodywork therapy school or program of professional
liability insurance coverage of up to $2,000,000 per occurrence and $6,000,000 annual
aggregate. The school or program may offer to the student the professional liability insurance
coverage required under this paragraph.
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Subd. 4.
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Registration by endorsement.
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(a) To be eligible for registration by
endorsement, an applicant must:
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(1) meet the requirements for registration in subdivision 1, with the exception of
subdivision 1, paragraph (a), clauses (2) and (3);
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(2) provide proof as required by the commissioner that the massage therapy training
program or Asian bodywork therapy training program at the time of the applicant's enrollment
met the postsecondary education requirements in the jurisdiction in which the program was
provided; and
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new text begin
(3) provide proof as required by the commissioner, with advice from the advisory council,
of a current and unrestricted equivalent credential in another jurisdiction that has qualification
requirements at least equivalent to the requirements of sections 148.636 to 148.6377.
new text end
new text begin
(b) Registrations by endorsement expire on the same schedule and must be renewed by
the procedures described under section 148.6367, subdivision 2.
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Subd. 5.
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Registration by prior experience.
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(a) To be eligible for registration by prior
experience, an applicant must:
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(1) meet the requirements for registration in subdivision 1, with the exception of
subdivision 1, paragraph (a), clauses (2) and (3); and
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(2) provide proof of experience in the practice of massage therapy or Asian bodywork
therapy for at least two of the previous five years immediately preceding the registration
application date.
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(b) Registrations issued under this subdivision expire on the same schedule and must
be renewed by the procedures described under section 148.6367, subdivision 2, unless the
registration is canceled due to nonrenewal under section 148.6367, subdivision 8, in which
case the individual must apply for a new registration under the initial registration
requirements in subdivision 1.
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(c) The application for registration by prior experience under this subdivision must be
received by the commissioner before July 1, 2031.
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Subd. 6.
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Temporary registration.
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new text begin
(a) The commissioner may issue a temporary
registration as a massage therapist or Asian bodywork therapist to an applicant eligible for
registration under this section if the application for registration is complete, all applicable
requirements have been met, and applicable fees have been paid. The temporary registration
remains valid until the commissioner takes action on the applicant's application, or 90 days
from the temporary registration's issuance, whichever is sooner.
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new text begin
(b) A temporary registration holder is considered a registrant for purposes of sections
148.6369 to 148.6374.
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Sec. 11.
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[148.6367] REGISTRATION RENEWAL.
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Subdivision 1.
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Expiration of registration.
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Registrations issued according to sections
148.636 to 148.6377 expire two years from the date of issuance.
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Subd. 2.
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Renewal.
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new text begin
To be eligible for registration renewal, an applicant must every two
years, or as determined by the commissioner, submit to the commissioner:
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(1) a completed renewal application on a form provided by the commissioner;
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(2) any applicable fees specified in section 148.6377;
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(3) proof of current professional liability coverage with at least $2,000,000 of coverage
per occurrence and $6,000,000 annual aggregate; and
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(4) any additional information requested by the commissioner to clarify information
presented in the renewal application. The applicant must submit the information within 30
days after the commissioner's request, or the renewal application is canceled.
new text end
new text begin
Subd. 3.
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new text begin
Change of address.
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new text begin
A registrant or applicant who changes addresses must
inform the commissioner in writing within 30 days of the change of address. Notices or
other correspondence mailed to or served on a registrant or applicant at the registrant's or
applicant's current address on file are considered received by the registrant or applicant.
new text end
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Subd. 4.
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Registration renewal notice.
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(a) At least 60 days before the registration's
expiration date, the commissioner shall send out a renewal notice to the registrant. The
notice must include:
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(1) a renewal application;
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(2) a notice of fees required for renewal; and
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(3) information stating that the registration will expire without further action by the
commissioner if a renewal application is not received before the deadline for renewal.
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(b) The registrant's failure to receive the renewal notice does not relieve the registrant
of the obligation to meet the deadline and other requirements for registration renewal. Failure
to receive the notice is not grounds for challenging expiration of the registration.
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Subd. 5.
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Renewal deadline.
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The renewal application and fee must be received by the
commissioner or must be postmarked before the registration's expiration date. If the postmark
is illegible, the application is timely if received by the third working day after the deadline.
new text end
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Subd. 6.
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Inactive status and return to active status.
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(a) A registration may be placed
in inactive status upon application to the commissioner by the registrant and upon payment
of an inactive status fee as specified in section 148.6377. Failure to pay the annual inactive
status fee shall result in a lapse of registration.
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(b) A registrant seeking registration restoration to active status from inactive status must:
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(1) apply to the commissioner for registration renewal according to subdivision 2;
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(2) submit the applicable reactivation fee as specified in section 148.6377; and
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(3) if the registration has been in inactive status for more than five years, submit evidence
of having received a passing score on a credentialing examination.
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Subd. 7.
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Registration following lapse for two years or less.
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To regain active registration
status for a registration that has lapsed for two years or less, the applicant must:
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(1) apply to the commissioner for registration renewal according to subdivision 2; and
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(2) submit all applicable renewal fees for the period not registered, including the fee for
late renewal.
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Subd. 8.
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Cancellation due to nonrenewal.
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new text begin
The commissioner shall not renew, reissue,
reinstate, or restore a registration that has lapsed and has not been renewed within two years.
An individual whose registration is canceled for nonrenewal must obtain a new registration
by applying for registration and fulfilling all requirements under section 148.6366,
subdivision 1, for initial registration as a massage therapist or Asian bodywork therapist.
new text end
Sec. 12.
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[148.6368] COMMISSIONER ACTION ON APPLICATIONS.
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new text begin
Subdivision 1.
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new text begin
General.
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new text begin
(a) The commissioner must act on each application for
registration or renewal according to this section.
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new text begin
(b) The commissioner shall determine if the applicant meets the requirements for
registration or renewal under section 148.6366 or 148.6367. The commissioner may
investigate information provided by an applicant to determine whether the information is
accurate and complete and may request additional information or documentation.
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(c) The commissioner shall notify each applicant in writing of action taken on the
application, the grounds for denying registration if registration is denied, and the applicant's
right to review under paragraph (d).
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(d) An applicant denied registration may make a written request to the commissioner
within 30 days of the commissioner's notice to appear before the advisory council and for
the advisory council to review the commissioner's decision to deny registration. After
reviewing the denial, the advisory council shall make a recommendation to the commissioner
as to whether the denial must be affirmed. Each applicant is allowed only one request for
review per registration period.
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Subd. 2.
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Registration prohibited.
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new text begin
(a) Except as provided in paragraph (b), the
commissioner shall deny an application for registration if an applicant:
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new text begin
(1) has been convicted in this state of any of the following crimes or of equivalent crimes
in another state:
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new text begin
(i) labor or sex trafficking under section 609.281, 609.282, 609.283, or 609.322;
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(ii) criminal sexual conduct under sections 609.342 to 609.3451 or 609.3453; or
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(iii) a violent crime as defined under section 611A.08, subdivision 6;
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(2) is a registered sex offender under section 243.166;
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new text begin
(3) has been subject to disciplinary action under section 146A.09, if the commissioner
determines that such denial is necessary to protect the public; or
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new text begin
(4) is charged with or under investigation for a complaint in this state or any other
jurisdiction that would constitute a violation of statutes or rules established for massage
therapy or Asian bodywork therapy registration in this state and the charge or complaint
has not been resolved in favor of the applicant.
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new text begin
(b) The commissioner may establish criteria whereby an individual convicted of an
offense listed in paragraph (a) may become registered if the criteria:
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(1) utilize a rebuttable presumption that the applicant is not suitable for registration;
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(2) provide a standard for overcoming the presumption; and
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(3) require that a minimum of one year has elapsed since the applicant was released
from incarceration or supervisory jurisdiction related to the offense.
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(c) The commissioner shall not consider an application under paragraph (b) if the
commissioner determines that the victim involved in the offense was a client of the applicant
at the time of the offense.
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Sec. 13.
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[148.6369] GROUNDS FOR DISCIPLINARY ACTION.
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new text begin
Subdivision 1.
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new text begin
Grounds listed.
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new text begin
(a) The commissioner may deny, revoke, suspend, limit,
or condition the registration of a registrant or may otherwise discipline a registrant. The
fact that massage therapy or Asian bodywork therapy may be considered a less customary
approach to health care must not by itself constitute the basis for disciplinary action.
new text end
new text begin
(b) The following are grounds for disciplinary action regardless of whether injury to a
client is established:
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new text begin
(1) failing to demonstrate the qualifications or to satisfy the requirements for registration
under sections 148.636 to 148.6377 or rules of the commissioner. In the case of an applicant,
the burden of proof is on the applicant to demonstrate the qualifications or satisfy the
requirements;
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new text begin
(2) advertising in a false, fraudulent, deceptive, or misleading manner, including but not
limited to:
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(i) advertising or holding oneself out as a "registered massage therapist," "RMT,"
"registered Asian bodywork therapist," "RABT," or any abbreviation or derivation thereof
to indicate such a title, when such registration is not valid or current for any reason;
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new text begin
(ii) advertising or holding oneself out as a "registered massage therapist," "registered
Asian bodywork therapist," or any abbreviation or derivation thereof to indicate such a title,
except if the individual holds a registration in another state or jurisdiction and does not
provide services in Minnesota;
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new text begin
(iii) advertising a service, the provision of which would constitute a violation of sections
148.636 to 148.6377 or rules established by the commissioner; and
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new text begin
(iv) using fraud, deceit, or misrepresentation when communicating with the general
public, health care providers, or other business professionals;
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new text begin
(3) falsifying information in a massage therapy or Asian bodywork therapy registration
or renewal application; attempting to obtain registration, renewal, or reinstatement by fraud,
deception, or misrepresentation; or aiding and abetting any of these acts;
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new text begin
(4) engaging in conduct with a client that is sexual or may reasonably be interpreted by
the client as sexual, or engaging in any verbal behavior that is seductive or sexually
demeaning to a client, or engaging in sexual exploitation of a client, without regard to who
initiates such behaviors;
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(5) committing an act of gross malpractice, negligence, or incompetency, or failing to
practice massage therapy or Asian bodywork therapy with the level of care, skill, and
treatment that is recognized by a registrant as being acceptable under similar conditions and
circumstances;
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new text begin
(6) having an actual or potential inability to practice massage therapy or Asian bodywork
therapy with reasonable skill and safety to clients by reason of illness, as a result of any
mental or physical condition, or use of alcohol, drugs, chemicals, or any other material.
Being adjudicated as mentally incompetent, mentally ill, a chemically dependent person,
or a person dangerous to the public by a court of competent jurisdiction, inside or outside
of this state, may be considered evidence of an inability to practice massage therapy or
Asian bodywork therapy;
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new text begin
(7) being the subject of disciplinary action as a massage therapist or Asian bodywork
therapist in another state or jurisdiction if the commissioner or advisory council determines
that the cause of the disciplinary action would be a violation under this state's statutes or
rules of the commissioner had the violation occurred in this state;
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(8) failing to notify the commissioner of revocation or suspension of a credential, or any
other disciplinary action taken by this or any other state, territory, or country, including any
restrictions on the right to practice; or the surrender or voluntary termination of a credential
during a commissioner investigation of a complaint, as part of a disciplinary order, or while
under a disciplinary order;
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(9) conviction of a crime, including a finding or verdict of guilt, an admission of guilt,
or a no-contest plea, in any court in Minnesota or any other jurisdiction in the United States,
reasonably related to engaging in massage therapy practices or Asian bodywork therapy
practices. Conviction, as used in this clause, includes a conviction for an offense that, if
committed in this state, would be deemed a felony, gross misdemeanor, or misdemeanor
regardless of its designation elsewhere, or a criminal proceeding where a finding or verdict
of guilty is made or returned but the adjudication of guilt is either withheld or not entered;
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(10) if a registrant is on probation, failing to abide by terms of probation;
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(11) practicing or offering to practice beyond the scope of the practice of massage therapy
or Asian bodywork therapy;
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new text begin
(12) managing client records and information improperly, including but not limited to
failing to maintain adequate client records, comply with a client's request made according
to sections 144.291 to 144.298, or furnish a client record or report required by law;
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new text begin
(13) revealing a privileged communication from or relating to a client except when
otherwise required or permitted by law;
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(14) providing massage therapy services or Asian bodywork therapy services that are
linked to the financial gain of a referral source;
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(15) obtaining money, property, or services from a client, other than reasonable fees for
services provided to the client, through the use of undue influence, harassment, duress,
deception, or fraud;
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(16) engaging in abusive or fraudulent billing practices, including violations of federal
Medicare and Medicaid laws or state medical assistance laws;
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(17) failing to consult with a client's health care provider who prescribed a course of
massage therapy treatment or Asian bodywork therapy treatment if the treatment needs to
be altered from the original written order to conform with standards in the massage therapy
or Asian bodywork therapy field or the registrant's level of training or experience;
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(18) failing to cooperate with an investigation of the commissioner or the commissioner's
representatives, including failing to: respond fully and promptly to any question raised by
or on behalf of the commissioner relating to the subject of the investigation; execute all
releases requested by the commissioner; provide copies of client records as reasonably
requested by the commissioner to assist in the commissioner's investigation; and appear at
conferences or hearings scheduled by the commissioner or the commissioner's staff;
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(19) interfering with an investigation or disciplinary proceeding, including by willful
misrepresentation of facts or by the use of threats or harassment to prevent a person from
providing evidence in a disciplinary proceeding or any legal action;
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(20) violating a statute, rule, order, or agreement for corrective action that the
commissioner issued or is otherwise authorized or empowered to enforce;
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(21) aiding or abetting a person in violating sections 148.636 to 148.6377;
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(22) failing to report to the commissioner other massage therapists and Asian bodywork
therapists who commit violations of sections 148.636 to 148.6377; and
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(23) failing to notify the commissioner in writing of the entry of a final judgment by a
court of competent jurisdiction against the registrant for malpractice of massage therapy or
Asian bodywork therapy, or any settlement by the registrant in response to charges or
allegations of malpractice of massage therapy or Asian bodywork therapy. The notice must
be provided to the commissioner within 60 days after the entry of a judgment or date of
settlement, and must contain the name of the court, case number, and the names of all parties
to the action.
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new text begin
Subd. 2.
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new text begin
Evidence.
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new text begin
In disciplinary actions alleging a violation of subdivision 1, a copy
of the judgment or proceeding under the seal of the court administrator or of the
administrative agency must be admissible into evidence without further authentication and
must constitute prima facie evidence of the violation.
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new text begin
Subd. 3.
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new text begin
Examination; access to medical data.
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new text begin
(a) The commissioner may take the
following actions if the commissioner has probable cause to believe that grounds for
disciplinary action exist under subdivision 1, paragraph (b), clause (6).
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new text begin
(b) The commissioner may direct the applicant or registrant to submit to a mental or
physical examination or substance use disorder evaluation. For the purpose of this
subdivision, when an applicant or registrant is directed in writing by the commissioner to
submit to a mental or physical examination or substance use disorder evaluation, that
applicant or registrant is considered to have consented and to have waived all objections to
admissibility on the grounds of privilege. Failure of the applicant or registrant to submit to
an examination when directed constitutes an admission of the allegations against the applicant
or registrant, unless the failure was due to circumstances beyond the applicant's or registrant's
control, and the commissioner may enter a default and final order without taking testimony
or allowing evidence to be presented. A registrant affected under this paragraph shall, at
reasonable intervals, be given an opportunity to demonstrate that the registrant can resume
the competent practice of massage therapy or Asian bodywork therapy with reasonable skill
and safety to clients. Neither the record of proceedings nor the orders entered by the
commissioner in a proceeding under this paragraph may be used against a registrant in any
other proceeding.
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(c) The commissioner may, notwithstanding section 13.384, 144.651, or 595.02, or any
other law limiting access to medical or other health data, obtain medical data and health
records relating to an applicant or registrant without the applicant's or registrant's consent.
The medical data may be requested from a provider, as defined in section 144.291,
subdivision 2, paragraph (i); an insurance company; or a government agency, including the
Department of Human Services and Direct Care and Treatment. A provider, insurance
company, or government agency shall comply with any written request of the commissioner
under this subdivision and is not liable in any action for damages for releasing the data
requested by the commissioner if the data are released pursuant to a written request under
this subdivision unless the information is false and the provider giving the information
knew, or had reason to believe, the information was false. Information obtained under this
subdivision is classified as private data on individuals as defined in section 13.02.
new text end
Sec. 14.
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[148.6370] DISCIPLINARY ACTIONS.
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new text begin
Subdivision 1.
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new text begin
Forms of disciplinary action.
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new text begin
When the commissioner finds that grounds
for disciplinary action exist under section 148.6369, subdivision 1, the commissioner may
take one or more of the following actions:
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(1) deny the registration;
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(2) revoke the registration;
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(3) suspend the registration;
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(4) impose limitations on the practice of massage therapy or Asian bodywork therapy,
including but not limited to limitation of scope of practice or a requirement to practice under
supervision;
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new text begin
(5) impose conditions on the retention of a registration, including but not limited to
imposing retraining or rehabilitation requirements or conditioning continued practice on a
demonstration of knowledge or skills by appropriate examination, monitoring, or other
review;
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(6) impose a civil penalty not exceeding $10,000 for each separate violation, the amount
of the civil penalty (i) to be fixed as to deprive the massage therapist or Asian bodywork
therapist of any economic advantage gained by reason of the violation charged, (ii) to
reimburse the commissioner for the cost of counsel, investigation, and proceeding, and (iii)
to discourage repeated violations;
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(7) order the registrant to provide unremunerated service;
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(8) censure or reprimand the registrant; or
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(9) any other action justified by the facts of the case.
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new text begin
Subd. 2.
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new text begin
Automatic suspension.
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new text begin
(a) Unless the commissioner orders otherwise, a
registration is automatically suspended if:
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new text begin
(1) a guardian for the registrant is appointed by order of a court under sections 524.5-101
to 524.5-502;
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new text begin
(2) the registrant is committed by order of a court under chapter 253B; or
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(3) the registrant is determined to be mentally incompetent, mentally ill, chemically
dependent, or a person dangerous to the public by a court of competent jurisdiction within
or outside this state.
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new text begin
(b) A registration suspended under this subdivision remains suspended until the registrant
is restored to capacity by a court and, upon petition by the registrant, the suspension is
terminated by the commissioner after a hearing or upon agreement between the commissioner
and the registrant.
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new text begin
Subd. 3.
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new text begin
Temporary suspension.
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new text begin
In addition to any other remedy provided by law, the
commissioner, acting through a person to whom the commissioner has delegated this
authority and without a hearing, may temporarily suspend the registration of a massage
therapist or Asian bodywork therapist if the commissioner's delegate finds that the registrant
has violated a statute or rule that the commissioner is empowered to enforce and that
continued practice would create a serious risk of harm to others. The suspension is in effect
upon service of a written order on the registrant specifying the statute or rule violated. The
order remains in effect until the commissioner issues a final order in the matter after a
hearing or upon agreement between the commissioner and the registrant. Service of the
order is effective if the order is served on the registrant or counsel of record personally or
by first class mail. Within ten days of service of the order, the commissioner shall hold a
hearing on the sole issue of whether there is a reasonable basis to continue, modify, or lift
the suspension. Evidence presented by the commissioner or registrant shall be in affidavit
form only. The registrant or the counsel of record may appear for oral argument. Within
five working days after the hearing, the commissioner shall issue the commissioner's order
and, if the suspension is continued, schedule a contested case hearing within 45 days after
issuance of the order. The administrative law judge shall issue a report within 30 days after
closing of the contested case hearing record. The commissioner shall issue a final order
within 30 days after receipt of that report.
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new text begin
Subd. 4.
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Hearings.
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new text begin
If the commissioner proposes to take action against the applicant or
registrant as described in subdivision 1, the commissioner must first notify the applicant or
registrant against whom the action is proposed to be taken and provide the applicant or
registrant with an opportunity to request a hearing under the contested case provisions of
chapter 14. If the applicant or registrant does not request a hearing by notifying the
commissioner within 30 days after service of the notice of the proposed action, the
commissioner may proceed with the action without a hearing.
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Subd. 5.
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Reissuance.
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new text begin
The commissioner may reinstate and reissue a registration, but as
a condition may impose any disciplinary or corrective measure that the commissioner might
originally have imposed. Any person whose registration has been revoked, suspended, or
limited may have the registration reinstated when, in the discretion of the commissioner,
the action is warranted, provided that the person shall be required by the commissioner to
pay the costs of the proceedings resulting in the revocation, suspension, or limitation of the
registration and reinstatement of the registration and to pay the fee for the current registration
period. The cost of proceedings shall include but not be limited to the cost paid by the
commissioner to the Court of Administrative Hearings and the Office of the Attorney General
for legal and investigative services, the costs of a court reporter and witnesses, reproduction
of records, and Department of Health staff time, travel, and expenses.
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Sec. 15.
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[148.6371] REPORTING OBLIGATIONS.
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Subdivision 1.
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Permission to report.
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new text begin
A person who has knowledge of any conduct
constituting grounds for disciplinary action relating to massage therapy or Asian bodywork
therapy under sections 148.636 to 148.6377 may report the violation to the commissioner.
new text end
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Subd. 2.
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new text begin
Institutions.
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new text begin
A state agency, political subdivision, agency of a local unit of
government, private agency, hospital, clinic, prepaid medical plan, or other health care
institution or organization located in this state shall report to the commissioner any action
taken by the agency, institution, or organization or any of its administrators or medical or
other committees to revoke, suspend, restrict, or condition a registrant's privilege to practice
or treat clients in the institution or, as part of the organization, any denial of privileges or
any other disciplinary action for conduct that might constitute grounds for disciplinary
action under sections 148.636 to 148.6377. The institution, organization, or governmental
entity shall also report the resignation of a registrant prior to the conclusion of any
disciplinary action proceeding for conduct that might constitute grounds for disciplinary
action under sections 148.636 to 148.6377 or prior to the commencement of formal charges
but after the registrant had knowledge that formal charges were contemplated or were being
prepared.
new text end
new text begin
Subd. 3.
new text end
new text begin
Professional societies.
new text end
new text begin
A state or local professional society for massage
therapists or Asian bodywork therapists shall report to the commissioner any termination,
revocation, or suspension of membership or any other disciplinary action taken against a
registrant. If the society has received a complaint that might be grounds for disciplinary
action under sections 148.636 to 148.6377 against a member for whom the society has not
taken any disciplinary action, the society shall report the complaint and the reason the society
has not taken action on the complaint to the commissioner, or shall direct the complainant
to the commissioner.
new text end
new text begin
Subd. 4.
new text end
new text begin
Licensed health professionals.
new text end
new text begin
(a) For purposes of this subdivision, "client"
means an individual receiving health services from a licensed health professional.
new text end
new text begin
(b) A licensed health professional shall report to the commissioner personal knowledge
of any conduct by a registrant that the licensed health professional reasonably believes
constitutes grounds for disciplinary action under sections 148.636 to 148.6377, including
conduct indicating that the individual may be incompetent or may be mentally or physically
unable to engage safely in the provision of services. If the information was obtained in the
course of a client relationship, the client is a registrant, and the treating individual successfully
counsels the client to limit or withdraw from practice to the extent required by the
impairment, the commissioner may deem this limitation of or withdrawal from practice to
be sufficient disciplinary action.
new text end
new text begin
Subd. 5.
new text end
new text begin
Insurers.
new text end
new text begin
(a) Four times each year as prescribed by the commissioner, each
insurer authorized to sell insurance described in section 60A.06, subdivision 1, clause (13),
that provided professional liability insurance to massage therapists or Asian bodywork
therapists, or the Joint Underwriting Association under chapter 62I shall submit to the
commissioner a report concerning the registrants against whom malpractice settlements or
awards have been made. The report must contain at least the following information:
new text end
new text begin
(1) the total number of malpractice settlements or awards made;
new text end
new text begin
(2) the dates the malpractice settlements or awards were made;
new text end
new text begin
(3) the allegations contained in the claims or complaints leading to the settlements or
awards made;
new text end
new text begin
(4) the dollar amount of each malpractice settlement or award;
new text end
new text begin
(5) the regular address of the practice of each registrant against whom an award was
made or with whom a settlement was made; and
new text end
new text begin
(6) the name of each registrant against whom an award was made or with whom a
settlement was made.
new text end
new text begin
(b) In addition to the information specified in paragraph (a), the insurer shall submit to
the commissioner any information, records, and files, including client charts and records,
the insurer possesses that tend to substantiate a charge that a registrant may have engaged
in conduct that violates sections 148.636 to 148.6377.
new text end
new text begin
Subd. 6.
new text end
new text begin
Courts.
new text end
new text begin
The court administrator of district court or any other court of competent
jurisdiction shall report to the commissioner any judgment or other determination of the
court that adjudges or includes a finding that a registrant is mentally ill, mentally incompetent,
guilty of a felony, guilty of a violation of federal or state narcotics laws or controlled
substances act, or guilty of abuse or fraud under Medicare or Medicaid; that appoints a
guardian of a registrant under sections 524.5-101 to 524.5-502; or that commits a registrant
under chapter 253B.
new text end
new text begin
Subd. 7.
new text end
new text begin
Self-reporting.
new text end
new text begin
A registrant shall report to the commissioner:
new text end
new text begin
(1) any personal action that would require a report to be filed under subdivisions 2 to 5
by any person, health care facility, business, or organization;
new text end
new text begin
(2) the revocation, suspension, restriction, limitation, or other disciplinary action against
the registrant's license, certificate, registration, or right of practice in another state or
jurisdiction for offenses that would subject the registrant to disciplinary action in this state;
and
new text end
new text begin
(3) the filing of charges regarding their license, certificate, registration, or right of practice
in another state or jurisdiction.
new text end
new text begin
Subd. 8.
new text end
new text begin
Deadlines; forms.
new text end
new text begin
Reports required in subdivisions 2 to 4, 6, and 7 must be
submitted no later than 30 days after the reporter learns of the occurrence of the reportable
event or transaction. The commissioner may provide forms for the submission of reports
required in this section, may require reports to be submitted on the forms provided, and
may adopt rules necessary to ensure prompt and accurate reporting.
new text end
Sec. 16.
new text begin
[148.6372] IMMUNITY.
new text end
new text begin
Subdivision 1.
new text end
new text begin
Reporting.
new text end
new text begin
Any health care facility, business, organization, or person,
other than the registrant who committed the violation, is immune from civil liability or
criminal prosecution for, in good faith, submitting a report to the commissioner, for otherwise
reporting to the commissioner violations or alleged violations of sections 148.636 to
148.6377, or for cooperating with an investigation of a report, except as provided in this
subdivision. Any person who knowingly or recklessly makes a false report is liable in a
civil suit for any damages suffered by the person or persons so reported and for any punitive
damages set by the court or jury. An action requires clear and convincing evidence that the
defendant made the statement with knowledge of falsity or with reckless disregard for its
truth or falsity. The report or statement or any statement made in cooperation with an
investigation or as part of a disciplinary proceeding is privileged except in an action brought
under this subdivision.
new text end
new text begin
Subd. 2.
new text end
new text begin
Investigation.
new text end
new text begin
The commissioner and employees of the Department of Health
and other persons engaged in the investigation of violations and in the preparation,
presentation, and management of and testimony pertaining to charges of violations of sections
148.636 to 148.6377 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
148.636 to 148.6377.
new text end
Sec. 17.
new text begin
[148.6373] COOPERATION.
new text end
new text begin
(a) A registrant who is the subject of an investigation by or on behalf of the commissioner
shall cooperate fully with the investigation. Cooperation includes:
new text end
new text begin
(1) responding fully and promptly to any question raised by or on behalf of the
commissioner relating to the subject of the investigation;
new text end
new text begin
(2) providing copies of client or other records in the registrant's possession, as reasonably
requested by the commissioner, to assist the commissioner in the investigation; and
new text end
new text begin
(3) appearing at conferences and hearings scheduled by the commissioner.
new text end
new text begin
(b) The commissioner shall pay for copies requested. If the commissioner does not have
a written consent from a client permitting access to the client's records, the registrant shall
delete any data in the record that identify the client before providing data to the commissioner.
The commissioner shall maintain any records obtained pursuant to this section as investigative
data under chapter 13. The registrant shall not be excused from giving testimony or producing
any documents, books, records, or correspondence on the grounds of self-incrimination,
but the testimony or evidence may not be used against the registrant in any criminal case.
new text end
Sec. 18.
new text begin
[148.6374] DISCIPLINARY RECORD ON JUDICIAL REVIEW.
new text end
new text begin
Upon judicial review of any disciplinary action taken by the commissioner under sections
148.636 to 148.6377, the reviewing court shall seal the administrative record, except for
the commissioner's final decision, and shall not make the administrative record available
to the public.
new text end
Sec. 19.
new text begin
[148.6375] EFFECT ON MUNICIPAL ORDINANCES.
new text end
new text begin
Subdivision 1.
new text end
new text begin
License authority.
new text end
new text begin
Effective July 1, 2028, sections 148.636 to 148.6377
preempt the licensure and regulation of massage therapists or Asian bodywork therapists
by a municipality, including, without limitation, conducting a criminal background
investigation and examination of a massage therapist or Asian bodywork therapist, or
applicant for a municipality's credential to practice massage therapy or Asian bodywork
therapy.
new text end
new text begin
Subd. 2.
new text end
new text begin
Municipal regulation.
new text end
new text begin
Sections 148.636 to 148.6377 do not limit a municipality
from:
new text end
new text begin
(1) requiring a massage therapy or Asian bodywork therapy establishment to obtain a
business license or permit to conduct business in the municipality; or
new text end
new text begin
(2) conducting a criminal background investigation on any owners of a massage therapy
or Asian bodywork therapy establishment who are not registered massage therapists or
registered Asian bodywork therapists.
new text end
Sec. 20.
new text begin
[148.6376] MASSAGE THERAPY ADVISORY COUNCIL.
new text end
new text begin
Subdivision 1.
new text end
new text begin
Creation; membership.
new text end
new text begin
(a) The Massage Therapy Advisory Council is
created and is composed of five members appointed by the commissioner. All members
must have resided in this state for at least three years immediately preceding appointment.
The advisory council consists of:
new text end
new text begin
(1) two public members, as defined in section 214.02; and
new text end
new text begin
(2) three members who are registered under sections 148.636 to 148.6377, two of whom
must be registered massage therapists.
new text end
new text begin
(b) No more than one member of the advisory council may be an owner or administrator
of a massage therapy education provider.
new text end
new text begin
Subd. 2.
new text end
new text begin
Administration.
new text end
new text begin
The advisory council is established and administered under
section 15.059.
new text end
new text begin
Subd. 3.
new text end
new text begin
Chair.
new text end
new text begin
The advisory council shall elect a chair from among its members.
new text end
new text begin
Subd. 4.
new text end
new text begin
Duties.
new text end
new text begin
The advisory council shall:
new text end
new text begin
(1) advise the commissioner on establishing standards of practice and a code of ethics
for registered massage therapists and Asian bodywork therapists;
new text end
new text begin
(2) advise the commissioner on distributing information regarding massage therapy and
Asian bodywork therapy practice standards;
new text end
new text begin
(3) establish educational requirements, approve massage therapy and Asian bodywork
therapy schools or programs, and conduct or provide for surveys of schools, programs, and
courses; and
new text end
new text begin
(4) perform other duties authorized for advisory councils under chapter 214, as directed
by the commissioner.
new text end
new text begin
Subd. 5.
new text end
new text begin
Expiration.
new text end
new text begin
Notwithstanding section 15.059, the advisory council does not
expire.
new text end
Sec. 21.
new text begin
[148.6377] FEES.
new text end
new text begin
Subdivision 1.
new text end
new text begin
Fees.
new text end
new text begin
Fees are as follows:
new text end
new text begin
(1) initial registration with application fee must not exceed $640.50;
new text end
new text begin
(2) biennial registration renewal fee must not exceed $640.50;
new text end
new text begin
(3) late fee, $50;
new text end
new text begin
(4) annual inactive status, $50;
new text end
new text begin
(5) inactive to active status reactivation, $50;
new text end
new text begin
(6) temporary registration, $50; and
new text end
new text begin
(7) returned check, $35.
new text end
new text begin
Subd. 2.
new text end
new text begin
Late renewal fee.
new text end
new text begin
An application for registration renewal submitted after the
deadline must be accompanied by a late fee in addition to the required fees.
new text end
new text begin
Subd. 3.
new text end
new text begin
Nonrefundable fees.
new text end
new text begin
All of the fees in this section are nonrefundable.
new text end
new text begin
Subd. 4.
new text end
new text begin
Deposit.
new text end
new text begin
Fees collected by the commissioner under this section must be deposited
into the state government special revenue fund.
new text end
Sec. 22.
new text begin
INITIAL MASSAGE THERAPY ADVISORY COUNCIL.
new text end
new text begin
Subdivision 1.
new text end
new text begin
Initial member appointments.
new text end
new text begin
The commissioner of health shall make
the initial appointments to the Massage Therapy Advisory Council authorized under
Minnesota Statutes, section 148.6376, by January 1, 2027. The initial therapist members
appointed to the advisory council need not be registered under Minnesota Statutes, sections
148.636 to 148.6377, prior to initial appointment, but must be a practicing massage therapist
or Asian bodywork therapist with at least five years of experience in the practice of massage
therapy or Asian bodywork therapy. A massage therapist or Asian bodywork therapist
initially appointed to the advisory council must become registered under Minnesota Statutes,
sections 148.636 to 148.6377, by January 1, 2028. If the massage therapist or Asian bodywork
therapist member does not become registered by January 1, 2028, the member must be
removed from the advisory council by the commissioner and a new member who is registered
under Minnesota Statutes, sections 148.636 to 148.6377, must be appointed by the
commissioner.
new text end
new text begin
Subd. 2.
new text end
new text begin
First advisory council meeting; initial chair.
new text end
new text begin
The commissioner of health
shall designate one member from the initial appointments to call the first meeting of the
advisory council. The first meeting must be convened by May 15, 2027. The advisory
council shall elect a chair from its members at the first advisory council meeting.
new text end
ARTICLE 4
MORTUARY SCIENCE
Section 1.
Minnesota Statutes 2024, section 149A.02, subdivision 26, is amended to read:
Subd. 26.
Intern.
"Intern" means an individual
deleted text begin
that
deleted text end
new text begin
who: (1)(i)
new text end
has met the educational
and testing requirements for a license to practice mortuary science in Minnesota
deleted text begin
,
deleted text end
new text begin
; (ii) has
completed a mortuary science program accredited by the American Board of Funeral Service
Education; or (iii) is enrolled in a mortuary science program accredited by the American
Board of Funeral Service Education; (2)
new text end
has registered with the commissioner of health
deleted text begin
,
deleted text end
new text begin
;
new text end
and
new text begin
(3)
new text end
is engaged in the practice of mortuary science under the direction and supervision
of a currently licensed Minnesota mortuary science practitioner.
Sec. 2.
Minnesota Statutes 2024, section 149A.20, subdivision 6, is amended to read:
Subd. 6.
Internship.
(a) A person
deleted text begin
who attains a passing score on both examinations in
subdivision 5
deleted text end
must complete a registered internship under the direct supervision of an
individual currently licensed to practice mortuary science in Minnesota.
deleted text begin
Interns must file
with the commissioner:
deleted text end
new text begin
A person may begin the registered internship while the person is
enrolled in a mortuary science program accredited by the American Board of Funeral Service
Education, upon completion of the accredited mortuary science program, or after attaining
a passing score on both examinations in subdivision 5.
new text end
new text begin
(b) An applicant for an internship must file with the commissioner:
new text end
(1) the appropriate fee;
deleted text begin
and
deleted text end
(2) a registration form indicating the name and home address of the
deleted text begin
intern,
deleted text end
new text begin
applicant;
new text end
the date the internship begins
deleted text begin
, and
deleted text end
new text begin
;
new text end
the name, license number, and business address of the
new text begin
primary
new text end
supervising mortuary science licensee
deleted text begin
.
deleted text end
new text begin
; and the name, license number, and business
address of the alternate supervising mortuary science licensee, if applicable; and
new text end
new text begin
(3) if the applicant is currently enrolled in a mortuary science program accredited by
the American Board of Funeral Service Education, a letter from the program specifying the
name and address of the program; verifying the applicant's enrollment, number of credit
hours completed, and anticipated graduation date; and specifying whether the applicant has
completed coursework in embalming and restorative arts.
new text end
deleted text begin
(b)
deleted text end
new text begin
(c)
new text end
Any changes in information provided in the registration must be immediately
reported to the commissioner. The internship shall be a minimum of 2,080 hours to be
completed
deleted text begin
within a three-year period, however,
deleted text end
new text begin
during enrollment in a mortuary science
program accredited by the American Board of Funeral Service Education, after graduation,
or both during enrollment and after graduation.
new text end
The commissioner may waive up to 520
hours of the internship time requirement upon satisfactory completion of a clinical or
practicum in mortuary science administered through the program of mortuary science of
the University of Minnesota or a
deleted text begin
substantially similar
deleted text end
new text begin
mortuary science
new text end
program
deleted text begin
approved
by the commissioner
deleted text end
new text begin
accredited by the American Board of Funeral Service Education
new text end
.
Registrations must be renewed on an annual basis if they exceed one calendar year. During
the internship period, the intern must be under the direct supervision of a person holding a
current license to practice mortuary science in Minnesota. An intern may be registered under
only one
new text begin
registered primary supervising
new text end
licensee
new text begin
and one registered alternate supervising
licensee
new text end
at any given time and may be directed and supervised only by the registered
new text begin
primary
supervising
new text end
licensee
new text begin
or registered alternate supervising licensee
new text end
. The registered
new text begin
primary
supervising
new text end
licensee shall have only one intern registered at any given time. The
commissioner shall issue to each registered intern a registration permit that must be displayed
with the other establishment and practice licenses. While under the direct supervision of
the
new text begin
registered primary supervising or alternate supervising
new text end
licensee, the intern must complete
25 case reports in each of the following areas: embalming, funeral arrangements, and services.
new text begin
An intern who has not completed coursework in embalming and restorative arts must be in
the physical presence of the primary or alternate supervising licensee in order to perform
surgical procedures and embalming.
new text end
Case reports, on forms provided by the commissioner,
shall be completed by the intern and filed with the commissioner prior to the completion
of the internship. Information contained in these reports that identifies the subject or the
family of the subject embalmed or the subject or the family of the subject of the funeral
shall be classified as licensing data under section
13.41, subdivision 2
.
Sec. 3.
Minnesota Statutes 2024, section 149A.20, subdivision 7, is amended to read:
Subd. 7.
Application procedure and documentation.
After completing the registered
internship, the applicant for an initial license to practice mortuary science must submit to
the commissioner a complete application and the appropriate fee. A complete application
includes:
(1) a completed application form, as provided by the commissioner;
(2) proof of age;
(3) an official transcript from each post high school educational institution attended,
including colleges of funeral service education;
(4) certification of a passing score on the National Board Examination from the
commissioner of the Conference of Funeral Service Examining Boards of the United States,
Inc.;
(5) a copy of the notification of a passing score on the state licensing examination; and
(6) a signed, dated, and notarized affidavit from the
new text begin
registered primary supervising
new text end
licensee who supervised the Minnesota internship stating the date the internship began and
ended and that both the applicant and the
new text begin
registered primary
new text end
supervising licensee fulfilled
the requirements under subdivision 6.
Upon receipt of the completed application and appropriate fee, the commissioner shall
review and verify all information. Upon completion of the verification process and resolution
of any deficiencies in the application information, the commissioner shall make a
determination, based on all the information available, to grant or deny licensure. If the
commissioner's determination is to grant licensure, the applicant shall be notified and the
license shall issue and remain valid for a period prescribed on the license, but not to exceed
one calendar year from the date of issuance of the license. If the commissioner's determination
is to deny licensure, the commissioner must notify the applicant, in writing, of the denial
and provide the specific reason for the denial.
Sec. 4.
Minnesota Statutes 2024, section 149A.30, subdivision 1, is amended to read:
Subdivision 1.
Licensees of other states.
new text begin
(a)
new text end
The commissioner may issue a
new text begin
reciprocal
new text end
license to practice mortuary science to a person who holds a current license or other credential
from another jurisdiction if the
deleted text begin
commissioner determines that the requirements for that
license or other credential are substantially similar to the requirements under this chapter.
The individual seeking reciprocal licensing must
deleted text end
new text begin
person
new text end
:
(1)
deleted text begin
attain
deleted text end
new text begin
attains:
new text end
new text begin
(i)
new text end
a passing score on the Minnesota state licensing examination;
new text begin
and
new text end
new text begin
(ii) a passing score on the National Board Examination administered by the International
Conference of Funeral Service Examining Boards of the United States, Inc., or another
examination determined by the commissioner to adequately and accurately assess the
knowledge and skills required to practice mortuary science;
new text end
(2)
deleted text begin
submit
deleted text end
new text begin
submits
new text end
to the commissioner the documentation described in section
149A.20,
subdivision 7
, clauses (1) and (5)
new text begin
, and certification of a passing score on an examination
described in clause (1), item (ii)
new text end
;
deleted text begin
and
deleted text end
(3)
deleted text begin
pay
deleted text end
new text begin
pays
new text end
the appropriate licensing fee
deleted text begin
.
deleted text end
new text begin
;
new text end
new text begin
(4) submits to the commissioner:
new text end
new text begin
(i) documentation that the person meets one of the educational requirements in section
149A.20, subdivision 4; or
new text end
new text begin
(ii) documentation that the person has been licensed or credentialed in another jurisdiction
and a signed, dated affidavit from the person declaring that the person has engaged in at
least three years of practice in that jurisdiction performing the duties of a licensed mortician;
new text end
new text begin
(5) submits to the commissioner a signed, dated affidavit from the person declaring that
the person is not subject to any pending investigations by the mortuary science licensing or
credentialing authority in any other jurisdiction and is not currently practicing as a licensed
mortician in any other jurisdiction under a restricted license or credential;
new text end
new text begin
(6) submits to the commissioner a signed, dated affidavit from the person declaring that
the person has performed at least 25 services, completed at least 25 funeral arrangements,
and performed at least 25 embalming cases; and
new text end
new text begin
(7) submits to the commissioner documentation that the person has completed the
continuing education hours required under section 149A.40, subdivision 11, within the
two-year period prior to applying for licensure under this subdivision.
new text end
new text begin
(b)
new text end
When, in the determination of the commissioner, all of the requirements of this
subdivision have been met, the commissioner shall, based on all the information available,
grant or deny licensure. If the commissioner grants licensure, the applicant shall be notified
and the license shall issue and remain valid for a period prescribed on the license, but not
to exceed one calendar year from the date of issuance of the license. If the commissioner
denies licensure, the commissioner must notify the applicant, in writing, of the denial and
provide the specific reason for denial.
ARTICLE 5
MUSIC THERAPY LICENSURE
Section 1.
Minnesota Statutes 2024, section 144.0572, subdivision 1, is amended to read:
Subdivision 1.
Criminal history background check requirements.
(a)
deleted text begin
Beginning
January 1, 2018,
deleted text end
An applicant for initial licensure, temporary licensure, or relicensure after
a lapse in licensure as an audiologist
deleted text begin
or
deleted text end
new text begin
,
new text end
speech-language pathologist,
new text begin
music therapist,
new text end
a
speech-language pathology assistant, or
deleted text begin
an
deleted text end
applicant for initial certification as a hearing
instrument dispenser, must submit to a criminal history records check of state data completed
by the Bureau of Criminal Apprehension (BCA) and a national criminal history records
check, including a search of the records of the Federal Bureau of Investigation (FBI).
(b)
deleted text begin
Beginning January 1, 2020,
deleted text end
An applicant for a renewal license or certificate as an
audiologist, speech-language pathologist,
new text begin
music therapist,
new text end
or hearing instrument dispenser
who was licensed or obtained a certificate before January 1, 2018, must submit to a criminal
history records check of state data completed by the BCA and a national criminal history
records check, including a search of the records of the FBI.
(c) An applicant must submit to a background study under chapter 245C.
(d) The criminal history records check must be structured so that any new crimes that
an applicant or licensee or certificate holder commits after the initial background check are
flagged in the BCA's or FBI's database and reported back to the commissioner of human
services.
new text begin
EFFECTIVE DATE.
new text end
new text begin
This section is effective January 1, 2028.
new text end
Sec. 2.
new text begin
[148H.01] SCOPE.
new text end
new text begin
Sections 148H.01 to 148H.16 apply to individuals who are applicants for licensure, who
are licensed, who use protected titles, or who represent that they are licensed as music
therapists.
new text end
Sec. 3.
new text begin
[148H.02] DEFINITIONS.
new text end
new text begin
Subdivision 1.
new text end
new text begin
Scope.
new text end
new text begin
The following terms have the meanings given them and apply to
this chapter.
new text end
new text begin
Subd. 2.
new text end
new text begin
Advisory council.
new text end
new text begin
"Advisory council" means the Music Therapy Advisory
Council established in section 148H.03.
new text end
new text begin
Subd. 3.
new text end
new text begin
Board-certified music therapist.
new text end
new text begin
"Board-certified music therapist" means an
individual who holds a current board certification from the Certification Board for Music
Therapists.
new text end
new text begin
Subd. 4.
new text end
new text begin
Commissioner.
new text end
new text begin
"Commissioner" means the commissioner of health or a
designee.
new text end
new text begin
Subd. 5.
new text end
new text begin
License or licensed.
new text end
new text begin
"License" or "licensed" means the act or status of a person
who meets the requirements of general licensure under section 148H.06, temporary licensure
under section 148H.08, or licensure by reciprocity under section 148H.09.
new text end
new text begin
Subd. 6.
new text end
new text begin
Licensed professional music therapist or LPMT.
new text end
new text begin
"Licensed professional
music therapist" or "LPMT" means an individual licensed to practice music therapy pursuant
to this chapter.
new text end
new text begin
Subd. 7.
new text end
new text begin
Music-based interventions.
new text end
new text begin
(a) "Music-based interventions" means the use of
music within a therapeutic relationship to accomplish individualized goals for persons of
all ages and abilities.
new text end
new text begin
(b) Music-based interventions include but are not limited to music improvisation,
receptive music listening, song writing, lyric discussion, music and imagery, singing, music
performance, learning through music, music combined with other arts, music-assisted
relaxation, music-based patient education, electronic music intervention, and movement to
music.
new text end
new text begin
Subd. 8.
new text end
new text begin
Practice of music therapy.
new text end
new text begin
(a) "Practice of music therapy" means the use of
music-based interventions.
new text end
new text begin
(b) The practice of music therapy includes but is not limited to developing individualized
music therapy treatment plans specific to the needs and strengths of the client or clients
treated individually or in groups in a manner appropriate for the specific client and setting.
new text end
new text begin
(c) The practice of music therapy does not include the screening, diagnosis, or assessment
of any physical, mental, or communication disorder.
new text end
new text begin
Subd. 9.
new text end
new text begin
Temporary licensure.
new text end
new text begin
"Temporary licensure" means the method of licensure
described in section 148H.08, by which an individual who has completed an approved or
accredited education program, but has not met the examination requirements, may practice
music therapy on a temporary basis.
new text end
Sec. 4.
new text begin
[148H.03] MUSIC THERAPY ADVISORY COUNCIL.
new text end
new text begin
Subdivision 1.
new text end
new text begin
Establishment.
new text end
new text begin
The Music Therapy Advisory Council is hereby
established to:
new text end
new text begin
(1) advise the commissioner regarding music therapy licensure standards;
new text end
new text begin
(2) advise the commissioner regarding enforcement of this chapter;
new text end
new text begin
(3) review investigation summaries of competency violations and make recommendations
to the commissioner as to whether the allegations of incompetency are substantiated;
new text end
new text begin
(4) provide for the distribution of information regarding music therapist licensure
standards;
new text end
new text begin
(5) review applications and make recommendations to the commissioner on granting or
denying licensure or licensure renewal;
new text end
new text begin
(6) review reports of investigations relating to individuals and make recommendations
to the commissioner as to whether licensure should be denied or disciplinary action should
be taken against the individual; and
new text end
new text begin
(7) perform other duties, as directed by the commissioner.
new text end
new text begin
Subd. 2.
new text end
new text begin
Membership.
new text end
new text begin
The commissioner shall appoint six members to the Music
Therapy Advisory Council consisting of the following:
new text end
new text begin
(1) three professional music therapists licensed under this chapter who must be employed
in a different practice area or employment setting and must include:
new text end
new text begin
(i) at least one licensed professional music therapist member who is currently engaged
and for five years immediately preceding their appointment has been engaged in the practice
of music therapy in Minnesota; and
new text end
new text begin
(ii) at least one licensed professional music therapist member employed outside the
seven-county metropolitan area; and
new text end
new text begin
(2) three public members as defined in section 214.02 who must include:
new text end
new text begin
(i) two public members who are either personally receiving music therapy services or
are family members of or caregivers to a person receiving music therapy services; and
new text end
new text begin
(ii) at least one public member who is a professional from a related profession, including
but not limited to the professions of speech-language pathology, registered hospice nursing,
special education services, and psychology.
new text end
new text begin
Subd. 3.
new text end
new text begin
Administration.
new text end
new text begin
(a) The advisory council is organized and administered under
section 15.059.
new text end
new text begin
(b) Upon request of the advisory council, the commissioner must provide meeting space
and administrative services for the council.
new text end
new text begin
(c) The members of the advisory council must elect a chair from members of the advisory
council at the initial meeting.
new text end
new text begin
Subd. 4.
new text end
new text begin
Term limits.
new text end
new text begin
Advisory council members must not serve for more than two full
consecutive terms.
new text end
new text begin
Subd. 5.
new text end
new text begin
Recommendations for appointment.
new text end
new text begin
The Music Therapy Association of
Minnesota and other interested persons and organizations may recommend to the
commissioner members qualified for appointment to fill a vacancy or anticipated vacancy
to the council. Recommendations under this subdivision must be communicated to the
commissioner no later than 60 days after a position on the board becomes vacant. The
commissioner may appoint members to the board from the list of persons recommended or
from among other qualified candidates.
new text end
new text begin
Subd. 6.
new text end
new text begin
Initial Music Therapy Advisory Council.
new text end
new text begin
(a) The first music therapist members
appointed to the Music Therapy Advisory Council need not be licensed under this chapter
but must meet the qualifications for licensure under section 148H.06. The commissioner
shall make the initial appointments to the Music Therapy Advisory Council by August 1,
2027.
new text end
new text begin
(b) The commissioner shall convene the first meeting of the Music Therapy Advisory
Council by September 1, 2027.
new text end
new text begin
Subd. 7.
new text end
new text begin
Expiration.
new text end
new text begin
Notwithstanding section 15.059, the advisory council does not
expire.
new text end
Sec. 5.
new text begin
[148H.04] UNAUTHORIZED PRACTICE; PROTECTED TITLES; EXEMPT
PERSONS.
new text end
new text begin
Subdivision 1.
new text end
new text begin
Unlicensed practice prohibited.
new text end
new text begin
Effective January 1, 2028, an individual
must be licensed as a music therapist under this chapter to practice music therapy.
new text end
new text begin
Subd. 2.
new text end
new text begin
Protected titles and restrictions on use.
new text end
new text begin
(a) Use of the term "licensed music
therapist," "music therapist," "licensed professional music therapist," "LPMT," or similar
titles or terms to indicate or imply that the person is licensed by the state as a music therapist
is prohibited unless that person is licensed under this chapter.
new text end
new text begin
(b) Use of the term "board-certified music therapist" or similar titles or terms to indicate
or imply that the person is certified by the Certification Board for Music Therapists is
prohibited unless the person is licensed under this chapter and holds a valid certification
from the Certification Board for Music Therapists.
new text end
new text begin
Subd. 3.
new text end
new text begin
Exempt persons.
new text end
new text begin
This chapter does not apply to:
new text end
new text begin
(1) any person who is licensed, registered, or certified under the laws of this state in
another profession or occupation who is performing services including the use of music
incidental to the practice of that profession or occupation in which the person is licensed,
registered, or certified if the person does not represent themselves to the public as a music
therapist. This exception includes but is not limited to licensed physicians, psychologists,
registered nurses, advance practice registered nurses, professional counselors, social workers,
occupational therapists, alcohol and drug counselors, speech-language pathologists,
audiologists, or personnel supervised by a licensed professional;
new text end
new text begin
(2) a person employed as a music therapist by the government of the United States or
any federal agency. A person who is exempt under this clause may use the protected titles
identified in subdivision 2, but only in connection with performing official duties for the
federal government;
new text end
new text begin
(3) the practice of music therapy as an integral part of a program of study for students
enrolled in an accredited music therapy program;
new text end
new text begin
(4) a person who practices music therapy under the supervision of a licensed professional
music therapist, if the person is not represented to the public as a music therapist; or
new text end
new text begin
(5) a person who is trained and certified by a nationally accredited certifying organization
as a music healing professional and who practices within the scope of the specific training
and certification of the specific music healing profession, if the person is not represented
to the public as a music therapist.
new text end
Sec. 6.
new text begin
[148H.05] LICENSURE QUALIFICATIONS.
new text end
new text begin
(a) An applicant for licensure must comply with the relevant application requirements
for general licensure under section 148H.06, temporary licensure under section 148H.08,
or licensure by reciprocity under section 148H.09.
new text end
new text begin
(b) To qualify for licensure, an applicant must not be subject to denial of licensure under
section 148H.15 and must satisfy one of the following:
new text end
new text begin
(1) meet the general licensure requirements in section 148H.06;
new text end
new text begin
(2) meet the temporary licensure requirements in section 148H.08; or
new text end
new text begin
(3) meet the licensure by reciprocity requirements in section 148H.09.
new text end
Sec. 7.
new text begin
[148H.06] GENERAL LICENSURE REQUIREMENTS.
new text end
new text begin
(a) An applicant for licensure must:
new text end
new text begin
(1) be 18 years of age or older;
new text end
new text begin
(2) have completed all academic and fieldwork to obtain a bachelor's degree or higher
in music therapy, or its equivalent, from a music therapy program at a college or university
approved or accredited by the American Music Therapy Association; and
new text end
new text begin
(3) have passed the examination for board certification offered by the Certification Board
for Music Therapists or any successor organization or have been transitioned into board
certification.
new text end
new text begin
(b) The applicant is responsible for making all arrangements and incurring all expenses
for taking the board certification examination under paragraph (a), clause (3). The applicant
must send their examination scores under paragraph (a), clause (3), directly to the
commissioner.
new text end
Sec. 8.
new text begin
[148H.07] GENERAL APPLICATION PROCEDURES.
new text end
new text begin
Subdivision 1.
new text end
new text begin
Application for general licensure.
new text end
new text begin
(a) An applicant for general licensure
must submit:
new text end
new text begin
(1) a completed application in writing on a form prescribed by the commissioner;
new text end
new text begin
(2) documentation of current board certification by the Certification Board of Music
Therapists;
new text end
new text begin
(3) a signed statement attesting that the information in the application is true and correct
to the best of the applicant's knowledge and belief;
new text end
new text begin
(4) a waiver authorizing the commissioner to obtain access to the applicant's professional
records in this or any other state in which the applicant has practiced music therapy;
new text end
new text begin
(5) all relevant fees required under section 148H.16;
new text end
new text begin
(6) a fingerprint-based background check as required under section 144.0572; and
new text end
new text begin
(7) any other information requested by the commissioner.
new text end
new text begin
(b) An applicant must complete a new criminal history background check if more than
one year has elapsed since the applicant last applied for a license.
new text end
new text begin
Subd. 2.
new text end
new text begin
Application form requirements.
new text end
new text begin
The application form for licensure must
include, at a minimum, the applicant's:
new text end
new text begin
(1) name;
new text end
new text begin
(2) board certification number;
new text end
new text begin
(3) business address and telephone number, or home address and telephone number if
the applicant practices music therapy out of the applicant's home; and
new text end
new text begin
(4) education, training, and experience, including previous work history for the five
years immediately preceding the date of application.
new text end
new text begin
Subd. 3.
new text end
new text begin
Action on application for licensure.
new text end
new text begin
(a) The commissioner shall act on all
applications for licensure. The commissioner shall approve, approve with conditions, or
deny an application. The commissioner shall address an application according to paragraphs
(b) to (e).
new text end
new text begin
(b) The commissioner shall determine if the applicant meets the requirements for
licensure. The commissioner or the advisory council may investigate information provided
by the applicant to determine whether the information is accurate and complete.
new text end
new text begin
(c) The commissioner shall not issue a license to an applicant who refuses to consent to
a background study within 90 days after the submission of an application or who fails to
submit fingerprints to the Department of Human Services. The applicant forfeits any fees
paid to the Department of Health if the applicant refuses to consent to a background study.
new text end
new text begin
(d) The commissioner shall notify the applicant by electronic notification as required
under sections 15.991 to 15.992 of the action taken on the application and, if licensure is
denied or approved with conditions, the grounds for the commissioner's determination.
new text end
new text begin
(e) An applicant denied licensure or granted licensure with conditions may make a
written request to the commissioner, within 30 days of the date of the commissioner's
determination, for reconsideration of the commissioner's determination. An applicant
requesting reconsideration may submit information that the applicant wants considered in
the reconsideration. After reconsideration of the commissioner's determination, the
commissioner shall determine whether the original determination is affirmed or modified.
An applicant is allowed no more than one request for reconsideration of the commissioner's
determination to deny licensure or approve licensure with conditions in any two-year period.
new text end
new text begin
Subd. 4.
new text end
new text begin
Reconsideration
new text end
new text begin
(a) If a provisional licensee whose music therapy license has
been denied or extended with conditions disagrees with the conclusions of the commissioner,
the provisional licensee may request a reconsideration by the commissioner. The
reconsideration request process must be conducted internally by the commissioner and
chapter 14 does not apply.
new text end
new text begin
(b) The provisional licensee requesting the reconsideration must make the request in
writing and must list and describe the reasons why the provisional licensee disagrees with
the decision to deny the music therapy license or the decision to extend the provisional
license with conditions.
new text end
new text begin
(c) The reconsideration request and supporting documentation must be received by the
commissioner within 15 calendar days after the date the provisional licensee receives the
denial or provisional license with conditions.
new text end
Sec. 9.
new text begin
[148H.08] TEMPORARY LICENSURE.
new text end
new text begin
Subdivision 1.
new text end
new text begin
Eligibility for temporary licensure.
new text end
new text begin
The commissioner shall issue a
temporary license to practice music therapy to applicants who submit all required information
and fees required by subdivision 2 and who are not the subject of a current or past disciplinary
action or disqualified based on actions listed under section 148H.15.
new text end
new text begin
Subd. 2.
new text end
new text begin
Application for temporary licensure.
new text end
new text begin
(a) An applicant for temporary licensure
must submit:
new text end
new text begin
(1) a completed application for temporary licensure on forms provided by the
commissioner;
new text end
new text begin
(2) any applicable fees under section 148H.16; and
new text end
new text begin
(3) evidence of one of the following:
new text end
new text begin
(i) completion of all academic and fieldwork requirements of a college or university
program for music therapists that is approved or accredited by the American Music Therapy
Association and either (1) the initiation of sitting for the board certification exam for the
first time, or (2) sitting to retake the board certification exam after receiving a failing score;
new text end
new text begin
(ii) a copy of a current and unrestricted credential to practice music therapy in another
jurisdiction; or
new text end
new text begin
(iii) a copy of a current and unrestricted certificate from the Certification Board for
Music Therapists stating that the applicant is certified as a music therapist.
new text end
new text begin
(b) An applicant for temporary licensure under paragraph (a), clause (3), item (ii) or
(iii), must provide an affidavit with the application for temporary licensure stating that the
applicant is not the subject of a pending investigation or disciplinary action and has not
been the subject of a past disciplinary action.
new text end
new text begin
Subd. 3.
new text end
new text begin
Qualifying examination requirements; expiration and renewability.
new text end
new text begin
(a) An
individual issued a temporary license must demonstrate to the commissioner successful
completion of the qualifying examination requirements under section 148H.06 within the
temporary licensure period. It is the temporary license holder's obligation to submit to the
commissioner the temporary license holder's qualifying examination score. A temporary
license holder who fails to submit a qualifying examination score within the temporary
licensure period is subject to disciplinary action pursuant to section 148H.15.
new text end
new text begin
(b) A temporary license issued under this section expires 12 months from the date of
issuance or on the date the commissioner grants or denies licensure, whichever occurs first.
new text end
new text begin
(c) A temporary license is not renewable.
new text end
Sec. 10.
new text begin
[148H.09] LICENSURE BY RECIPROCITY.
new text end
new text begin
The commissioner shall issue a license to an applicant for a music therapy license if an
applicant has submitted:
new text end
new text begin
(1) an application in a form and manner prescribed by the commissioner, accompanied
by applicable fees under section 148H.16;
new text end
new text begin
(2) evidence satisfactory to the commissioner that the applicant is licensed and in good
standing as a music therapist in another jurisdiction where the qualifications required are
equivalent to or higher than those required in this chapter at the date of application;
new text end
new text begin
(3) letters of verification from each other jurisdiction in which the applicant has practiced
music therapy in the last five years including the following information:
new text end
new text begin
(i) the applicant's name;
new text end
new text begin
(ii) the applicant's date of birth;
new text end
new text begin
(iii) the applicant's credential number in that jurisdiction;
new text end
new text begin
(iv) the date and terms of issuance of the credential in that jurisdiction; and
new text end
new text begin
(v) a statement regarding disciplinary actions, if any, taken against the applicant; and
new text end
new text begin
(4) a fingerprint-based background check as required under section 144.0572.
new text end
Sec. 11.
new text begin
[148H.10] CONTINUING EDUCATION REQUIREMENTS.
new text end
new text begin
(a) Upon obtaining initial board certification, licensees and applicants must engage in
continuing education.
new text end
new text begin
(b) The five-year cycle for completing continuing education requirements begins a year
after a licensee or applicant passes the examination for board certification offered by the
Certification Board for Music Therapists or any successor organization.
new text end
new text begin
(c) An applicant must include proof of completion of Continuing Music Therapy
Education (CMTE) requirements with their certification from the Certification Board for
Music Therapists or any successor organization each time they renew their license to practice
music therapy.
new text end
Sec. 12.
new text begin
[148H.11] RENEWAL OF LICENSE; LICENSE LAPSE.
new text end
new text begin
Subdivision 1.
new text end
new text begin
Renewal requirements.
new text end
new text begin
To be eligible for license renewal, a licensee
must submit:
new text end
new text begin
(1) a completed and signed application for license renewal on a form provided by the
commissioner;
new text end
new text begin
(2) the renewal fee required under section 148H.16;
new text end
new text begin
(3) proof that the licensee has met and maintained the continuing education requirements
under section 148H.10 and board certification as a board-certified music therapist; and
new text end
new text begin
(4) additional information as requested by the commissioner to clarify information
presented in the renewal application. The applicant for license renewal must submit any
additional information requested by the commissioner within 30 calendar days of the request.
new text end
new text begin
Subd. 2.
new text end
new text begin
Renewal deadline.
new text end
new text begin
(a) Licenses must be renewed every two years. The effective
date of a renewed license is the day following the expiration date of the expired license.
new text end
new text begin
(b) Each license must state an expiration date.
new text end
new text begin
(c) A completed application for license renewal must be received by the commissioner
at least 30 days before the license expiration date.
new text end
new text begin
(d) A completed application for license renewal not received within the time required
under paragraph (c), but received on or before the expiration date, must be accompanied
by a late fee in addition to the renewal fee in section 148H.16.
new text end
new text begin
Subd. 3.
new text end
new text begin
Licensure renewal notice.
new text end
new text begin
At least 60 calendar days before the expiration date
in subdivision 2, the commissioner must send a renewal notice to the licensee's email address
on file with the commissioner. The notice must include information on how to apply for
licensure renewal and notice of fees required for renewal. The licensee's failure to receive
the notice does not relieve the licensee of the obligation to meet the renewal deadline and
other requirements for licensure renewal.
new text end
new text begin
Subd. 4.
new text end
new text begin
Failure to renew.
new text end
new text begin
(a) If a licensee fails to renew a license, the license lapses.
The license may be restored within four years of the expiration date upon completion of the
requirements in subdivision 1 and payment of the late fee in section 148H.16.
new text end
new text begin
(b) A person who requests reinstatement of a lapsed license more than four years after
the license expiration date is required to reapply for licensure as a new applicant and must
comply with the requirements for new licensees at the time of application.
new text end
Sec. 13.
new text begin
[148H.12] CHANGE OF NAME, ADDRESS, OR EMPLOYMENT.
new text end
new text begin
A licensee who changes their name, address, employment, business address, or business
telephone number must inform the commissioner of the change in writing within 30 days
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 mailed to or served on the licensee by
the commissioner at the licensee's address on file with the commissioner is considered
received by the licensee.
new text end
Sec. 14.
new text begin
[148H.13] PRACTICE OF MUSIC THERAPY.
new text end
new text begin
Subdivision 1.
new text end
new text begin
Referrals.
new text end
new text begin
A licensed music therapist may accept referrals for music
therapy services from medical, developmental, mental health, or education professionals;
family members; clients; caregivers; or others involved and authorized to provide services
to the client.
new text end
new text begin
Subd. 2.
new text end
new text begin
Assessment.
new text end
new text begin
A licensed music therapist must conduct a music therapy
assessment of a client to determine if treatment is indicated. If treatment is indicated, the
licensee must collect systematic, comprehensive, and accurate information to determine the
appropriateness and type of music therapy services to provide the client.
new text end
new text begin
Subd. 3.
new text end
new text begin
Knowledge and skill.
new text end
new text begin
A licensed music therapist must use appropriate
knowledge and skills when providing music therapy services, including the use of research,
reasoning, and problem-solving skills to determine appropriate actions in the context of
each specific clinical setting.
new text end
new text begin
Subd. 4.
new text end
new text begin
Treatment plan.
new text end
new text begin
A licensed music therapist must develop an individualized
music therapy treatment plan for the client based on the results of the music therapy
assessment under paragraph (c). The music therapy treatment plan must include
individualized goals and objectives that focus on the assessed needs and strengths of the
client and must specify music therapy approaches and interventions to be used to address
the goals and objectives. The individualized music therapy treatment plan must be consistent
with any other developmental, rehabilitative, habilitative, medical, mental health, preventive,
wellness care, or educational services being provided to the client.
new text end
new text begin
Subd. 5.
new text end
new text begin
Evaluation; client progress.
new text end
new text begin
A licensed music therapist shall evaluate on an
ongoing basis the client's response to music therapy and to the music therapy treatment
plan, document the client's progress, and make modifications to the plan, as appropriate. A
licensed music therapist shall determine when music therapy services are no longer needed
in collaboration with the client, the client's health care provider or providers, family members
of the client, and other appropriate individuals upon whom the client relies for support.
new text end
new text begin
Subd. 6.
new text end
new text begin
Communication with client and others.
new text end
new text begin
A licensed music therapist shall
collaborate with and educate the client and the client's family, caregiver, and any other
appropriate individual regarding the needs of the client being addressed in music therapy
and the manner in which the music therapy treatment addresses those needs. A licensed
music therapist shall minimize any barriers to ensure that the client receives music therapy
services in the least restrictive environment.
new text end
Sec. 15.
new text begin
[148H.14] REVIEW OF CLIENT DOCUMENTATION; COLLABORATION
WITH OTHER TREATING PROFESSIONALS.
new text end
new text begin
Subdivision 1.
new text end
new text begin
Review of diagnosis, treatment, and educational plans.
new text end
new text begin
Before a
licensed professional music therapist provides music therapy services to a client for an
identified clinical or developmental need, the music therapist shall review the client's
diagnosis, treatment needs, and treatment plan with any care or support team involved in
the client's care. Before a licensed professional music therapist provides music therapy
services to a client for an identified educational need in a special education setting, the
music therapist shall review the student's diagnosis, treatment needs, and any treatment plan
with the individualized family care team or individualized education program team.
new text end
new text begin
Subd. 2.
new text end
new text begin
Collaboration with treatment team.
new text end
new text begin
During the provision of music therapy
services to a client, the licensed professional music therapist shall collaborate as applicable
with the client's treatment team, including the client's physician, psychologist, licensed
clinical social worker, or other mental health professional.
new text end
new text begin
Subd. 3.
new text end
new text begin
Collaboration with and services provided by an audiologist or
speech-language pathologist.
new text end
new text begin
(a) During the provision of music therapy services to a client
with a communication disorder, the licensed professional music therapist shall collaborate
and discuss the music therapy treatment plan with the client's audiologist or speech-language
pathologist before a licensed professional music therapist is permitted to work with the
client and address communication skills.
new text end
new text begin
(b) When providing educational or health care services, a licensed professional music
therapist must not replace the services provided by an audiologist or a speech-language
pathologist. Unless authorized to practice speech-language pathology, licensed professional
music therapists must not evaluate, examine, instruct, or counsel on speech, language,
communication, or swallowing disorders and conditions.
new text end
new text begin
(c) An individual licensed as a licensed professional music therapist must not represent
to the public that the individual is authorized to treat a communication disorder. This does
not prohibit an individual licensed as a professional music therapist from representing to
the public that the individual may work with clients who have a communication disorder
and address communication skills.
new text end
Sec. 16.
new text begin
[148H.15] GROUNDS FOR DENIAL OF LICENSURE AND DISCIPLINE;
DISCIPLINARY ACTION.
new text end
new text begin
Subdivision 1.
new text end
new text begin
Grounds for denial of license or discipline.
new text end
new text begin
The commissioner may
revoke, suspend, deny, approve with conditions, or refuse to issue or renew a license, or
may discipline a licensee using any of the disciplinary actions listed in subdivision 3, on
evidence that the individual has:
new text end
new text begin
(1) intentionally submitted false or misleading information to the commissioner;
new text end
new text begin
(2) failed, within 30 days, to provide information in response to a written request by the
board;
new text end
new text begin
(3) performed services of a licensed professional music therapist in an incompetent or
negligent manner or in a manner that falls below the community standard of care;
new text end
new text begin
(4) violated sections 148H.01 to 148H.16;
new text end
new text begin
(5) aided or abetted another person in violating any provision of sections 148H.01 to
148H.16;
new text end
new text begin
(6) failed to perform services with reasonable judgment, skill, or safety due to the use
of alcohol or drugs, or other physical or mental impairment;
new text end
new text begin
(7) been convicted of violating any state or federal law, rule, or regulation which directly
relates to the practice of music therapy;
new text end
new text begin
(8) been disciplined for conduct in the practice of an occupation by the state of Minnesota,
another jurisdiction, or a national professional association, if any of the grounds for discipline
are the same or substantially equivalent to those in sections 148H.01 to 148H.16;
new text end
new text begin
(9) not cooperated with the board in an investigation conducted according to subdivision
2;
new text end
new text begin
(10) advertised in a manner that is false or misleading;
new text end
new text begin
(11) engaged in dishonest, unethical, or unprofessional conduct in connection with the
practice of music therapy that is likely to deceive, defraud, or harm the public;
new text end
new text begin
(12) demonstrated a willful or careless disregard for the health, welfare, or safety of a
client;
new text end
new text begin
(13) provided intervention, other than music therapy, without being licensed to do so
under the laws of this state;
new text end
new text begin
(14) paid or promised to pay a commission or part of a fee to any person who contacts
the licensed professional music therapist for consultation or sends patients to the music
therapist for intervention;
new text end
new text begin
(15) engaged in an incentive payment arrangement, other than that prohibited by clause
(14), that promotes music therapy overutilization, whereby the referring person or person
who controls the availability of music therapy services to a client profits unreasonably as
a result of client intervention;
new text end
new text begin
(16) engaged in abusive or fraudulent billing practices, including violations of federal
Medicare and Medicaid laws, Food and Drug Administration regulations, or state medical
assistance laws;
new text end
new text begin
(17) obtained money, property, or services from a consumer using undue influence,
high-pressure sales tactics, harassment, duress, deception, or fraud;
new text end
new text begin
(18) performed services for a client who had no possibility of benefiting from the services;
new text end
new text begin
(19) failed to refer a client for medical evaluation when appropriate or when a client
indicated symptoms associated with diseases that could be medically or surgically treated;
new text end
new text begin
(20) engaged in conduct with a client that is sexual or may reasonably be interpreted by
a client as sexual, or in any verbal behavior that is sexual or sexually demeaning to a patient;
new text end
new text begin
(21) violated a federal or state court order, including a conciliation court judgment, or
a disciplinary order issued by the board, related to the person's music therapy practice; or
new text end
new text begin
(22) any other just cause related to the practice of music therapy.
new text end
new text begin
Subd. 2.
new text end
new text begin
Investigation of complaints.
new text end
new text begin
The commissioner may initiate an investigation
upon receiving a complaint or other oral or written communication that alleges or implies
that a person has violated any part of this chapter.
new text end
new text begin
Subd. 3.
new text end
new text begin
Disciplinary actions.
new text end
new text begin
If the commissioner finds that a licensed professional
music therapist has engaged in any action listed in subdivision 1, the commissioner may
take one or more of the following actions:
new text end
new text begin
(1) refuse to grant or renew a license;
new text end
new text begin
(2) approve licensure with conditions;
new text end
new text begin
(3) revoke licensure;
new text end
new text begin
(4) suspend licensure;
new text end
new text begin
(5) any reasonable lesser action, including but not limited to reprimand or restriction on
licensure;
new text end
new text begin
(6) any action authorized by statute; or
new text end
new text begin
(7) impose a civil penalty not to exceed $10,000 for each separate violation, the amount
of the civil penalty to be fixed so as to deprive the licensed professional music therapist of
any economic advantage gained by reason of the violation charged, to discourage similar
violations, or to reimburse the Department of Health 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 investigative services provided by the Office of the
Attorney General, court reporters, witnesses, reproduction of records, advisory council
members' per diem compensation, advisory council or Department of Health staff time, and
travel costs and expenses incurred by advisory council staff and members and Department
of Health staff.
new text end
new text begin
Subd. 4.
new text end
new text begin
Effect of specific disciplinary action on use of title.
new text end
new text begin
Upon notice from the
commissioner denying licensure renewal or upon notice that the commissioner imposed
disciplinary action and the person is no longer entitled to practice music therapy and use
the music therapy and licensed titles, the person shall cease to practice music therapy, to
use titles protected by section 148H.04, and to represent to the public that the person is
licensed by the commissioner.
new text end
new text begin
Subd. 5.
new text end
new text begin
Reinstatement requirements after disciplinary action.
new text end
new text begin
A person who has
had licensure suspended may request and provide justification for reinstatement following
the period of suspension specified by the commissioner. The requirements of section 148H.11
for renewing licensure and any other conditions imposed with the suspension must be met
before licensure may be reinstated.
new text end
Sec. 17.
new text begin
[148H.16] FEES.
new text end
new text begin
Subdivision 1.
new text end
new text begin
Licensing fees.
new text end
new text begin
(a) Licensing fees shall not exceed the following amounts:
new text end
new text begin
(1) initial licensure fee, $296;
new text end
new text begin
(2) temporary licensure fee, $75;
new text end
new text begin
(3) licensure renewal fee, $296;
new text end
new text begin
(4) licensure renewal late fee, $115;
new text end
new text begin
(5) license verification, $25; and
new text end
new text begin
(6) duplicate license fee, $20.
new text end
new text begin
(b) Fees are nonrefundable.
new text end
new text begin
(c) Fees received under this chapter shall be deposited in the state government special
revenue fund.
new text end
new text begin
Subd. 2.
new text end
new text begin
Penalty fees.
new text end
new text begin
(a) The penalty fee for practicing music therapy or using protected
titles without a current license after the credential has expired and before it is renewed is
$100 for any part of the first month, plus $100 for any part of any subsequent month up to
12 months.
new text end
new text begin
(b) The penalty fee for applicants who engage in the unauthorized practice of music
therapy or use protected titles before being issued a license is $200 for any part of the first
month, plus $200 for any part of any subsequent month up to six months. This paragraph
does not apply to applicants not qualifying for a license who engage in the unauthorized
practice of music therapy.
new text end
new text begin
(c) For conduct described in paragraph (a) or (b) exceeding six months, payment of a
penalty fee does not preclude any disciplinary action reasonably justified by the individual
case.
new text end
ARTICLE 6
SOCIAL WORK PRACTICE
Section 1.
Minnesota Statutes 2024, section 148E.065, subdivision 4a, is amended to read:
Subd. 4a.
City, county, and state social workers.
new text begin
(a)
new text end
Beginning July 1, 2016, the
licensure of city, county, and state agency social workers is voluntary, except an individual
who is newly employed by a city or state agency after July 1, 2016, must be licensed if the
individual who provides social work services, as those services are defined in section
148E.010, subdivision 11
, paragraph (b), is presented to the public by any title incorporating
the words "social work" or "social worker."
new text begin
(b) Beginning July 1, 2026, a county agency social worker who does not hold a
baccalaureate degree or graduate degree in social work or who is not licensed under this
chapter must not be presented to the public by any title incorporating the words "social
work" or "social worker," unless the individual was employed by the county agency prior
to July 1, 2027. This paragraph is not grounds for the modification or removal of any right
or benefit accrued under a collective bargaining agreement ratified before July 1, 2026.
new text end
Sec. 2.
Minnesota Statutes 2024, section 148E.195, subdivision 2a, is amended to read:
Subd. 2a.
Representations.
Effective July 1, 2016:
(a) No applicant or other individual may be represented to the public by any title
incorporating the words "social work" or "social worker" unless the individual is employed
by a county
new text begin
and meets the requirements under section 148E.065, subdivision 4a,
new text end
or holds
a license according to this chapter.
(b) In all professional use of a social worker's name, the social worker must use the
license designation "LSW" or "licensed social worker" for a licensed social worker, "LGSW"
or "licensed graduate social worker" for a licensed graduate social worker, "LISW" or
"licensed independent social worker" for a licensed independent social worker, or "LICSW"
or "licensed independent clinical social worker" for a licensed independent clinical social
worker.
(c) Public statements or advertisements must not be untruthful, misleading, false,
fraudulent, deceptive, or potentially exploitative of clients, former clients, interns, students,
supervisees, or the public.
(d) A social worker must not:
(1) use licensure status as a claim, promise, or guarantee of successful service;
(2) obtain a license by cheating or employing fraud or deception;
(3) make false statements or misrepresentations to the board or in materials submitted
to the board; or
(4) engage in conduct that has the potential to deceive or defraud a social work client,
intern, student, supervisee, or the public.
Sec. 3.
Minnesota Statutes 2024, section 148E.280, is amended to read:
148E.280 USE OF TITLES.
No individual may be presented to the public by any title incorporating the words "social
work" or "social worker" or in the titles in section
148E.195
, unless that individual is
employed by a county
new text begin
and meets the requirements under section 148E.065, subdivision 4a,
new text end
or holds a license under this chapter.
ARTICLE 7
DENTISTRY PRACTICE
Section 1.
Minnesota Statutes 2024, section 150A.01, subdivision 6a, is amended to read:
Subd. 6a.
Faculty dentist.
"Faculty dentist" means a person who is licensed to practice
dentistry as a faculty member of a
deleted text begin
school of dentistry
deleted text end
new text begin
dental education program
new text end
, pursuant
to section
150A.06, subdivision 1a
.
Sec. 2.
Minnesota Statutes 2024, section 150A.05, subdivision 1, is amended to read:
Subdivision 1.
Practice of dentistry.
A person shall be deemed to be practicing dentistry
within the meaning of sections
150A.01
to
150A.12
:
(1) who uses a dental degree, or designation, or card, device, directory, sign, or other
media whereby the person represents an ability to diagnose, treat, prescribe, or operate for
any disease, pain, deformity, deficiency, injury, or physical condition of the human tooth,
teeth, alveolar process, gums or jaw, or adjacent or associated structures;
(2) who is a manager, proprietor, operator or conductor of a place where dental operations
are performed;
(3) who performs dental operations of any kind gratuitously, or for a fee, gift,
compensation or reward, paid or to be paid, to any person or agency;
(4) who uses a roentgen or x-ray machine for dental treatment, roentgenograms or for
dental diagnostic purposes;
(5) who extracts a human tooth or teeth, or corrects or attempts to correct malpositions
of the human teeth or jaws;
(6) who offers and undertakes, by any means or method, to diagnose, treat or remove
stains or accretions from human teeth or jaws;
(7) who takes impressions of the human tooth, teeth, or jaws or performs any phase of
any operation incident to the replacement of a part of a tooth, a tooth, teeth or associated
tissues by means of a filling, a crown, a bridge, a denture or other appliance;
(8) who furnishes, supplies, constructs, reproduces, repairs, or offers to furnish, supply,
construct, reproduce or repair prosthetic dentures or plates, bridges or other substitutes for
natural teeth, to the user or prospective user thereof; or
(9) who performs any clinical operation included in the curricula of recognized dental
deleted text begin
schools and colleges
deleted text end
new text begin
education programs
new text end
.
Sec. 3.
Minnesota Statutes 2024, section 150A.05, subdivision 2, is amended to read:
Subd. 2.
Exemptions and exceptions of certain practices and operations.
Sections
150A.01
to
150A.12
do not apply to:
(1) the practice of dentistry or dental hygiene in any branch of the armed services of the
United States, the United States Public Health Service, or the United States Veterans
Administration;
(2) the practice of dentistry, dental hygiene, or dental assisting by undergraduate dental
students, dental therapy students, dental hygiene students, and dental assisting students of
the University of Minnesota
deleted text begin
, schools of dentistry
deleted text end
new text begin
or dental or allied dental education programs
new text end
that are accredited by the Commission on Dental Accreditation (CODA),
deleted text begin
schools of dental
hygiene, schools with a dental therapy education program, or schools of dental assisting
approved by the board,
deleted text end
when acting under the indirect supervision of a Minnesota licensed
dentist and under the instruction of a licensed dentist, licensed dental therapist, licensed
dental hygienist, or licensed dental assistant;
(3) the practice of dentistry by licensed dentists of other states or countries while
appearing as clinicians under the auspices of a duly approved dental
deleted text begin
school or college
deleted text end
new text begin
education program
new text end
, or a reputable dental society, or a reputable dental study club composed
of dentists;
(4) the actions of persons while they are taking examinations for licensure administered
or approved by the board pursuant to sections
150A.03, subdivision 1
, and
150A.06,
subdivisions 1, 2, and 2a
;
(5) the practice of dentistry by dentists and dental hygienists licensed by other states
during their functioning as examiners responsible for conducting licensure examinations
administered by regional and national testing agencies with whom the board is authorized
to affiliate and participate under section
150A.03, subdivision 1
, and the practice of dentistry
by the regional and national testing agencies during their administering examinations pursuant
to section
150A.03, subdivision 1
;
(6) the use of x-rays or other diagnostic imaging modalities for making radiographs or
other similar records in a hospital under the supervision of a physician or dentist or by a
person who is credentialed to use diagnostic imaging modalities or x-ray machines for dental
treatment, roentgenograms, or dental diagnostic purposes by a credentialing agency other
than the Board of Dentistry; or
(7) the service, other than service performed directly upon the person of a patient, of
constructing, altering, repairing, or duplicating any denture, partial denture, crown, bridge,
splint, orthodontic, prosthetic, or other dental appliance, when performed according to a
written work order from a licensed dentist or a licensed advanced dental therapist in
accordance with section
150A.10, subdivision 3
.
Sec. 4.
Minnesota Statutes 2024, section 150A.06, subdivision 1, is amended to read:
Subdivision 1.
Dentists.
A person of good moral character who has graduated from a
dental
new text begin
education
new text end
program accredited by the Commission on Dental Accreditation, having
submitted an application and fee as prescribed by the board, may be examined by the board
or by an agency pursuant to section
150A.03, subdivision 1
, in a manner to test the applicant's
fitness to practice dentistry. A graduate of a dental
deleted text begin
college
deleted text end
new text begin
education program
new text end
in another
country must not be disqualified from examination solely because of the applicant's foreign
training if the board determines that the training is equivalent to or higher than that provided
by a dental
deleted text begin
college
deleted text end
new text begin
education program
new text end
accredited by the Commission on Dental Accreditation.
In the case of examinations conducted pursuant to section
150A.03, subdivision 1
, applicants
shall take the examination prior to applying to the board for licensure. The examination
shall include an examination of the applicant's knowledge of the laws of Minnesota relating
to dentistry and the rules of the board. An applicant is ineligible to retake the clinical
examination required by the board after failing it twice until further education and training
are obtained as specified by the board by rule. A separate, nonrefundable fee may be charged
for each time a person applies. An applicant who passes the examination in compliance
with subdivision 2b, abides by professional ethical conduct requirements, and meets all
other requirements of the board shall be licensed to practice dentistry and granted a general
dentist license by the board.
Sec. 5.
Minnesota Statutes 2024, section 150A.06, subdivision 1a, is amended to read:
Subd. 1a.
Faculty dentists.
(a) Faculty members of a
deleted text begin
school of dentistry
deleted text end
new text begin
dental education
program
new text end
must be licensed in order to practice dentistry as defined in section
150A.05
. The
board may issue to members of the faculty of a
deleted text begin
school of dentistry
deleted text end
new text begin
dental education program
new text end
a license designated as either a "limited faculty license" or a "full faculty license" entitling
the holder to practice dentistry within the terms described in paragraph (b) or (c). The dean
of a
deleted text begin
school of dentistry
deleted text end
new text begin
dental education program
new text end
and program directors of a Minnesota
dental hygiene or dental assisting
deleted text begin
school
deleted text end
new text begin
education program
new text end
accredited by the Commission
on Dental Accreditation shall certify to the board those members of the
deleted text begin
school's
deleted text end
new text begin
education
program
new text end
faculty who practice dentistry but are not licensed to practice dentistry in Minnesota.
A faculty member who practices dentistry as defined in section
150A.05
, before beginning
duties in a
deleted text begin
school of dentistry or a dental hygiene or dental assisting school
deleted text end
new text begin
dental or allied
dental education program
new text end
, shall apply to the board for a limited or full faculty license.
Pursuant to Minnesota Rules, chapter 3100, and at the discretion of the board, a limited
faculty license must be renewed annually and a full faculty license must be renewed
biennially. The faculty applicant shall pay a nonrefundable fee set by the board for issuing
and renewing the faculty license. The faculty license is valid during the time the holder
remains a member of the faculty of a
deleted text begin
school of dentistry or a dental hygiene or dental
assisting school
deleted text end
new text begin
dental or allied dental education program
new text end
and subjects the holder to this
chapter.
(b) The board may issue to dentist members of the faculty
deleted text begin
of
deleted text end
new text begin
teaching in
new text end
a Minnesota
deleted text begin
school of dentistry, dental hygiene, or dental assisting
deleted text end
new text begin
dental or allied dental education
program
new text end
accredited by the Commission on Dental Accreditation, a license designated as a
limited faculty license entitling the holder to practice dentistry within the
deleted text begin
school
deleted text end
new text begin
education
program
new text end
and its affiliated teaching facilities, but only for the purposes of teaching or
conducting research. The practice of dentistry at
deleted text begin
a school
deleted text end
new text begin
an education program
new text end
facility for
purposes other than teaching or research is not allowed unless the dentist was a faculty
member on August 1, 1993.
(c) The board may issue to dentist members of the faculty
deleted text begin
of
deleted text end
new text begin
teaching in
new text end
a Minnesota
deleted text begin
school of dentistry, dental hygiene, or dental assisting
deleted text end
new text begin
dental or allied dental education
program
new text end
accredited by the Commission on Dental Accreditation a license designated as a
full faculty license entitling the holder to practice dentistry within the
deleted text begin
school
deleted text end
new text begin
education
program
new text end
and its affiliated teaching facilities and elsewhere if the holder of the license is
employed 50 percent time or more by the
deleted text begin
school
deleted text end
new text begin
education program
new text end
in the practice of
teaching or research, and upon successful review by the board of the applicant's qualifications
as described in subdivisions 1, 1c, and 4 and board rule. The board, at its discretion, may
waive specific licensing prerequisites.
Sec. 6.
Minnesota Statutes 2024, section 150A.06, subdivision 1b, is amended to read:
Subd. 1b.
Resident dentists.
A person who is a graduate of a dental
deleted text begin
school
deleted text end
new text begin
education
program
new text end
and is an enrolled graduate student or student of an accredited advanced dental
education program and who is not licensed to practice dentistry in the state shall obtain
from the board a license to practice dentistry as a resident dentist. The license must be
designated "resident dentist license" and authorizes the licensee to practice dentistry only
under the supervision of a licensed dentist. A University of Minnesota School of Dentistry
dental resident holding a resident dentist license is eligible for enrollment in medical
assistance, as provided under section
256B.0625, subdivision 9b
. A resident dentist license
must be renewed annually pursuant to the board's rules. An applicant for a resident dentist
license shall pay a nonrefundable fee set by the board for issuing and renewing the license.
The requirements of sections
150A.01
to
150A.21
apply to resident dentists except as
specified in rules adopted by the board. A resident dentist license does not qualify a person
for licensure under subdivision 1.
Sec. 7.
Minnesota Statutes 2024, section 150A.06, subdivision 1c, is amended to read:
Subd. 1c.
Specialty dentists.
(a) The board may grant one or more specialty licenses in
the specialty areas of dentistry that are recognized by the
new text begin
National
new text end
Commission on
new text begin
Recognition of
new text end
Dental
deleted text begin
Accreditation
deleted text end
new text begin
Specialties and Certifying Board (National Commission)
new text end
.
(b) An applicant for a specialty license shall:
(1) have successfully completed a postdoctoral specialty
new text begin
education
new text end
program accredited
by the Commission on Dental Accreditation, or have announced a limitation of practice
before 1967;
(2) have been certified by a specialty board approved by the Minnesota Board of
Dentistry, or provide evidence of having passed a clinical examination for licensure required
for practice in any state or Canadian province, or in the case of oral and maxillofacial
surgeons only, have a Minnesota medical license in good standing;
(3) have been in active practice or a postdoctoral specialty education program or United
States government service at least 2,000 hours in the 36 months prior to applying for a
specialty license;
deleted text begin
(4) if requested by the board, be interviewed by a committee of the board, which may
include the assistance of specialists in the evaluation process, and satisfactorily respond to
questions designed to determine the applicant's knowledge of dental subjects and ability to
practice;
deleted text end
deleted text begin
(5) if requested by the board, present complete records on a sample of patients treated
by the applicant. The sample must be drawn from patients treated by the applicant during
the 36 months preceding the date of application. The number of records shall be established
by the board. The records shall be reasonably representative of the treatment typically
provided by the applicant for each specialty area;
deleted text end
deleted text begin
(6) at board discretion, pass a board-approved English proficiency test if English is not
the applicant's primary language;
deleted text end
deleted text begin
(7)
deleted text end
new text begin
(4)
new text end
pass all components of the National Board Dental Examinations;
deleted text begin
(8)
deleted text end
new text begin
(5)
new text end
pass the Minnesota Board of Dentistry jurisprudence examination;
deleted text begin
(9)
deleted text end
new text begin
(6)
new text end
abide by professional ethical conduct requirements; and
deleted text begin
(10)
deleted text end
new text begin
(7)
new text end
meet all other requirements prescribed by the Board of Dentistry.
(c) The application must include:
(1) a completed application furnished by the board;
(2) a nonrefundable fee; and
(3) a copy of the applicant's government-issued photo identification card.
(d) A specialty dentist holding one or more specialty licenses is limited to practicing in
the dentist's designated specialty area or areas. The scope of practice must be defined by
each national specialty board recognized by the
new text begin
National
new text end
Commission
deleted text begin
on Dental
Accreditation
deleted text end
.
(e) All specialty dentists who have fulfilled the specialty dentist requirements and who
intend to limit their practice to a particular specialty area or areas may apply for one or more
specialty licenses.
Sec. 8.
Minnesota Statutes 2024, section 150A.06, subdivision 2, is amended to read:
Subd. 2.
Dental hygienists.
A person of good moral character, who has graduated from
a dental hygiene
new text begin
education
new text end
program accredited by the Commission on Dental Accreditation
and established in an institution accredited by an agency recognized by the United States
Department of Education to offer college-level programs, may apply for licensure. The
dental hygiene
new text begin
education
new text end
program must provide a minimum of two academic years of dental
hygiene education. The applicant must submit an application and fee as prescribed by the
board and a diploma or certificate of dental hygiene. Prior to being licensed, the applicant
must pass the National Board of Dental Hygiene examination and a board approved
examination designed to determine the applicant's clinical competency. In the case of
examinations conducted pursuant to section
150A.03, subdivision 1
, applicants shall take
the examination before applying to the board for licensure. The applicant must also pass an
examination testing the applicant's knowledge of the laws of Minnesota relating to the
practice of dentistry and of the rules of the board. An applicant is ineligible to retake the
clinical examination required by the board after failing it twice until further education and
training are obtained as specified by board rule. A separate, nonrefundable fee may be
charged for each time a person applies. An applicant who passes the examination in
compliance with subdivision 2b, abides by professional ethical conduct requirements, and
meets all the other requirements of the board shall be licensed as a dental hygienist.
Sec. 9.
Minnesota Statutes 2024, section 150A.06, subdivision 2a, is amended to read:
Subd. 2a.
Licensed dental assistant.
A person of good moral character, who has
graduated from a dental assisting
new text begin
education
new text end
program accredited by the Commission on
Dental Accreditation, may apply for licensure. The applicant must submit an application
and fee as prescribed by the board and the diploma or certificate of dental assisting. In the
case of examinations conducted pursuant to section
150A.03, subdivision 1
, applicants shall
take the examination before applying to the board for licensure. The examination shall
include an examination of the applicant's knowledge of the laws of Minnesota relating to
dentistry and the rules of the board.
deleted text begin
An applicant is ineligible to retake the licensure
examination required by the board after failing it twice until further education and training
are obtained as specified by board rule.
deleted text end
A separate, nonrefundable fee may be charged for
each time a person applies. An applicant who passes the examination in compliance with
subdivision 2b, abides by professional ethical conduct requirements, and meets all the other
requirements of the board shall be licensed as a dental assistant.
Sec. 10.
Minnesota Statutes 2024, section 150A.06, subdivision 2c, is amended to read:
Subd. 2c.
Guest license.
(a) The board shall grant a guest license to practice as a dentist,
new text begin
dental therapist,
new text end
dental hygienist, or licensed dental assistant if the following conditions are
met:
(1) the dentist,
new text begin
dental therapist,
new text end
dental hygienist, or dental assistant is currently licensed
in good standing in another United States jurisdiction;
(2) the dentist,
new text begin
dental therapist,
new text end
dental hygienist, or dental assistant is currently engaged
in the practice of that person's respective profession in another United States jurisdiction;
(3) the dentist,
new text begin
dental therapist,
new text end
dental hygienist, or dental assistant will limit that person's
practice to a public health setting in Minnesota that (i) is approved by the board; (ii) was
established by a nonprofit organization that is tax exempt under chapter 501(c)(3) of the
Internal Revenue Code of 1986; and (iii) provides dental care to patients who have difficulty
accessing dental care;
(4) the dentist,
new text begin
dental therapist,
new text end
dental hygienist, or dental assistant agrees to treat indigent
patients who meet the eligibility criteria established by the clinic; and
(5) the dentist,
new text begin
dental therapist,
new text end
dental hygienist, or dental assistant has applied to the
board for a guest license and has paid a nonrefundable license fee to the board.
(b) A guest license must be renewed annually with the board and an annual renewal fee
must be paid to the board. Guest licenses expire on December 31 of each year.
(c) A dentist,
new text begin
dental therapist,
new text end
dental hygienist, or dental assistant practicing under a
guest license under this subdivision shall have the same obligations as a dentist,
new text begin
dental
therapist,
new text end
dental hygienist, or dental assistant who is licensed in Minnesota and shall be
subject to the laws and rules of Minnesota and the regulatory authority of the board. If the
board suspends or revokes the guest license of, or otherwise disciplines, a dentist,
new text begin
dental
therapist,
new text end
dental hygienist, or dental assistant practicing under this subdivision, the board
shall promptly report such disciplinary action to the dentist's,
new text begin
dental therapist's,
new text end
dental
hygienist's, or dental assistant's regulatory board in the jurisdictions in which they are
licensed.
(d) The board may grant a guest license to a dentist,
new text begin
dental therapist,
new text end
dental hygienist,
or dental assistant licensed in another United States jurisdiction to provide dental care to
patients on a voluntary basis without compensation for a limited period of time. The board
shall not assess a fee for the guest license for volunteer services issued under this paragraph.
(e) The board shall issue a guest license for volunteer services if:
(1) the board determines that the applicant's services will provide dental care to patients
who have difficulty accessing dental care;
(2) the care will be provided without compensation; and
(3) the applicant provides adequate proof of the status of all licenses to practice in other
jurisdictions. The board may require such proof on an application form developed by the
board.
(f) The guest license for volunteer services shall limit the licensee to providing dental
care services for a period of time not to exceed ten days in a calendar year. Guest licenses
expire on December 31 of each year.
(g) The holder of a guest license for volunteer services shall be subject to state laws and
rules regarding dentistry and the regulatory authority of the board. The board may revoke
the license of a dentist,
new text begin
dental therapist,
new text end
dental hygienist, or dental assistant practicing under
this subdivision or take other regulatory action against the dentist,
new text begin
dental therapist,
new text end
dental
hygienist, or dental assistant. If an action is taken, the board shall report the action to the
regulatory board of those jurisdictions where an active license is held by the dentist,
new text begin
dental
therapist,
new text end
dental hygienist, or dental assistant.
Sec. 11.
Minnesota Statutes 2024, section 150A.06, subdivision 2d, is amended to read:
Subd. 2d.
Continuing education and professional development waiver.
(a) The board
shall grant a waiver to the continuing education requirements under this chapter for a licensed
dentist, licensed dental therapist, licensed dental hygienist, or licensed dental assistant who
documents to the satisfaction of the board that the dentist, dental therapist, dental hygienist,
or licensed dental assistant has retired from active practice in the state and limits the provision
of dental care services to those offered without compensation in a public health, community,
or tribal clinic or a nonprofit organization that provides services to
deleted text begin
the indigent or to
recipients of medical assistance or MinnesotaCare programs
deleted text end
new text begin
patients who do not have dental
health coverage, either through a state public health care program or private insurance, and
whose annual family gross income is equal to or less than 200 percent of the federal poverty
guidelines
new text end
.
(b) The board may require written documentation from the volunteer and retired dentist,
dental therapist, dental hygienist, or licensed dental assistant prior to granting this waiver.
(c) The board shall require the volunteer and retired dentist, dental therapist, dental
hygienist, or licensed dental assistant to meet the following requirements:
(1) a licensee seeking a waiver under this subdivision must complete and document at
least five hours of approved courses in infection control, medical emergencies, and medical
management for the continuing education cycle; and
(2) provide documentation of current CPR certification
deleted text begin
from completion of the American
Heart Association healthcare provider course or the American Red Cross professional rescuer
course
deleted text end
.
Sec. 12.
Minnesota Statutes 2024, section 150A.06, subdivision 3, is amended to read:
Subd. 3.
Waiver of examination.
(a) All or any part of the examination for dentists,
dental therapists, dental hygienists, or dental assistants, except that pertaining to the law of
Minnesota relating to dentistry and the rules of the board, may, at the discretion of the board,
be waived for an applicant who presents a certificate of having passed all components of
the National Board Dental Examinations or evidence of having maintained an adequate
scholastic standing as determined by the board.
(b) The board shall waive the clinical examination required for licensure for any dentist
applicant who is a graduate of a dental
deleted text begin
school
deleted text end
new text begin
education program
new text end
accredited by the
Commission on Dental Accreditation, who has passed all components of the National Board
Dental Examinations, and who has satisfactorily completed a postdoctoral general dentistry
residency program (GPR) or an advanced education in general dentistry (AEGD) program
after January 1, 2004. The postdoctoral program must be accredited by the Commission on
Dental Accreditation, be of at least one year's duration, and include an outcome assessment
evaluation assessing the resident's competence to practice dentistry. The board may require
the applicant to submit any information deemed necessary by the board to determine whether
the waiver is applicable.
Sec. 13.
Minnesota Statutes 2024, section 150A.06, subdivision 8, is amended to read:
Subd. 8.
Licensure by credentials; dental assistant.
(a) Any dental assistant may, upon
application and payment of a fee established by the board, apply for licensure based on an
evaluation of the applicant's education, experience, and performance record in lieu of
completing a board-approved dental assisting
new text begin
education
new text end
program for expanded functions
as defined in rule, and may be interviewed by the board to determine if the applicant:
(1) has graduated from
deleted text begin
an accredited
deleted text end
new text begin
a
new text end
dental assisting
new text begin
education
new text end
program accredited
by the Commission on Dental Accreditation or is currently certified by the Dental Assisting
National Board;
(2) is not subject to any pending or final disciplinary action in another state or Canadian
province, or if not currently certified or registered, previously had a certification or
registration in another state or Canadian province in good standing that was not subject to
any final or pending disciplinary action at the time of surrender;
(3) is of good moral character and abides by professional ethical conduct requirements;
(4) at board discretion, has passed a board-approved English proficiency test if English
is not the applicant's primary language; and
(5) has met all expanded functions curriculum equivalency requirements of a Minnesota
board-approved dental assisting
new text begin
education
new text end
program.
(b) The board, at its discretion, may waive specific licensure requirements in paragraph
(a).
(c) An applicant who fulfills the conditions of this subdivision and demonstrates the
minimum knowledge in dental subjects required for licensure under subdivision 2a must
be licensed to practice the applicant's profession.
(d) If the applicant does not demonstrate the minimum knowledge in dental subjects
required for licensure under subdivision 2a, the application must be denied. If licensure is
denied, the board may notify the applicant of any specific remedy that the applicant could
take which, when passed, would qualify the applicant for licensure. A denial does not
prohibit the applicant from applying for licensure under subdivision 2a.
(e) A candidate whose application has been denied may appeal the decision to the board
according to subdivision 4a.
Sec. 14.
Minnesota Statutes 2024, section 150A.06, subdivision 9, is amended to read:
Subd. 9.
Graduates of nonaccredited dental
new text begin
education
new text end
programs.
A graduate of a
nonaccredited dental
new text begin
education
new text end
program who successfully completes the clinical licensure
examination, and meets all other applicant requirements of the board shall be licensed to
practice dentistry and granted a limited general dentist license by the board. The board shall
place limitations on the licensee's authority to practice by requiring the licensee to practice
under the general supervision of a Minnesota-licensed dentist approved by the board. A
person licensed under this subdivision must practice for three consecutive years in Minnesota
pursuant to a written agreement, approved by the board, between the licensee and a
Minnesota-licensed dentist who may limit the types of services authorized. At the conclusion
of the three-year period, the board shall grant an unlimited license without further restrictions
if all supervising dentists who had entered into written agreements with the licensee during
any part of the three-year period recommend unlimited licensure, and if no corrective action
or disciplinary action has been taken by the board against the licensee.
Sec. 15.
Minnesota Statutes 2024, section 150A.06, subdivision 11, is amended to read:
Subd. 11.
Emeritus active licensure.
(a) A person licensed to practice dentistry, dental
therapy, dental hygiene, or dental assisting may apply for an emeritus active license if the
person is retired from active practice, is in compliance with board requirements, and is not
the subject of current disciplinary action resulting in suspension, revocation, disqualification,
condition, or restriction of the license to practice dentistry, dental therapy, dental hygiene,
or dental assisting.
(b) An emeritus active licensee may engage only in the following types of practice:
(1) pro bono or volunteer dental practice;
(2) paid practice not to exceed 500 hours per calendar year for the exclusive purpose of
providing licensing supervision to meet the board's requirements; or
(3) paid consulting services not to exceed 500 hours per calendar year.
(c) An emeritus active licensee shall not hold out as a full licensee and may only hold
out as authorized to practice as described in this subdivision. The board may take disciplinary
or corrective action against an emeritus active licensee based on violations of applicable
law or board requirements.
(d) A person may apply for an emeritus active license by completing an application form
specified by the board and must pay the application fee pursuant to section
150A.091
,
subdivision 20.
(e) If an emeritus active license is not renewed every two years, the license expires
new text begin
30
days after notification from the board that the licensee failed to timely renew the license
new text end
.
The renewal date is the same as the licensee's renewal date when the licensee was in active
practice. In order to renew an emeritus active license, the licensee must:
(1) complete an application form as specified by the board;
(2) pay the required renewal fee pursuant to section
150A.091, subdivision 20
; and
deleted text begin
(3) report at least 25 continuing education hours completed since the last renewal, which
must include:
deleted text end
deleted text begin
(i) at least one hour in two different required CORE areas;
deleted text end
deleted text begin
(ii) at least one hour of mandatory infection control;
deleted text end
deleted text begin
(iii) for dentists and dental therapists, at least 15 hours of fundamental credits for dentists
and dental therapists, and for dental hygienists and dental assistants, at least seven hours of
fundamental credits; and
deleted text end
deleted text begin
(iv) for dentists and dental therapists, no more than ten elective credits, and for dental
hygienists and dental assistants, no more than six elective credits.
deleted text end
new text begin
(3) comply with the professional development requirements in Minnesota Rules, part
3100.1350, subpart 4.
new text end
Sec. 16.
Minnesota Statutes 2025 Supplement, section 150A.06, subdivision 12, is amended
to read:
Subd. 12.
Licensure by credentials; dental therapist.
(a) Any dental therapist may,
upon application and payment of a fee established by the board, apply for licensure based
on an evaluation of the applicant's education, experience, and performance record. The
applicant may be interviewed by the board to determine if the applicant:
(1) graduated with a baccalaureate or master's degree from a dental therapy
new text begin
education
new text end
program accredited by the Commission on Dental Accreditation;
(2) provided evidence of successfully completing the board's jurisprudence examination;
(3) actively practiced at least 2,000 hours within 36 months of the application date or
passed a board-approved reentry program within 36 months of the application date;
(4) either:
(i) is currently licensed in another state or Canadian province and not subject to any
pending or final disciplinary action; or
(ii) was previously licensed in another state or Canadian province in good standing and
not subject to any final or pending disciplinary action at the time of surrender;
(5) passed a board-approved English proficiency test if English is not the applicant's
primary language required at the board's discretion; and
(6) met all curriculum equivalency requirements regarding dental therapy scope of
practice in Minnesota.
(b) The 2,000 practice hours required by paragraph (a), clause (3), may count toward
the 2,000 practice hours required for consideration for advanced dental therapy certification,
provided that all other requirements of section
150A.106, subdivision 1
, are met.
(c) The board, at its discretion, may waive specific licensure requirements in paragraph
(a).
(d) The board must license an applicant who fulfills the conditions of this subdivision
and demonstrates the minimum knowledge in dental subjects required for licensure under
subdivision 1d to practice the applicant's profession.
(e) The board must deny the application if the applicant does not demonstrate the
minimum knowledge in dental subjects required for licensure under subdivision 1d. If
licensure is denied, the board may notify the applicant of any specific remedy the applicant
could take to qualify for licensure. A denial does not prohibit the applicant from applying
for licensure under subdivision 1d.
(f) A candidate may appeal a denied application to the board according to subdivision
4a.
Sec. 17.
Minnesota Statutes 2024, section 150A.08, subdivision 1, is amended to read:
Subdivision 1.
Grounds.
The board may refuse or by order suspend or revoke, limit or
modify by imposing conditions it deems necessary, the license of a dentist, dental therapist,
dental hygienist, or dental assistant upon any of the following grounds:
(1) fraud or deception in connection with the practice of dentistry or the securing of a
license certificate;
new text begin
(2) conviction, including a finding or verdict of guilt, an admission of guilt, or a no
contest plea, in any court of a felony-level criminal sexual conduct offense pursuant to
sections 609.342 to 609.345 or similar statutes in another jurisdiction, as evidenced by
public court records. A license that has been denied or revoked pursuant to this clause is
not subject to chapter 364;
new text end
deleted text begin
(2)
deleted text end
new text begin
(3)
new text end
conviction, including a finding or verdict of guilt, an admission of guilt, or a no
contest plea, in any court of a felony or gross misdemeanor reasonably related to the practice
of dentistry as evidenced by
deleted text begin
a certified copy of the conviction
deleted text end
new text begin
public court records
new text end
;
deleted text begin
(3)
deleted text end
new text begin
(4)
new text end
conviction, including a finding or verdict of guilt, an admission of guilt, or a no
contest plea, in any court of an offense involving moral turpitude as evidenced by
deleted text begin
a certified
copy of the conviction
deleted text end
new text begin
public court records
new text end
;
deleted text begin
(4) habitual overindulgence in the use of intoxicating liquors;
deleted text end
(5) improper or unauthorized prescription, dispensing, administering, or personal or
other use of any legend drug as defined in chapter 151, of any chemical as defined in chapter
151, or of any controlled substance as defined in chapter 152;
(6) conduct unbecoming a person licensed to practice dentistry, dental therapy, dental
hygiene, or dental assisting, or conduct contrary to the best interest of the public, as
deleted text begin
such
conduct is
deleted text end
defined
deleted text begin
by the rules of the board
deleted text end
new text begin
in Minnesota Rules, part 3100.6200
new text end
;
(7) gross immorality;
(8) any physical, mental, emotional, or other disability which adversely affects a dentist's,
dental therapist's, dental hygienist's, or dental assistant's ability to perform the service for
which the person is licensed;
(9) revocation or suspension of a license or equivalent authority to practice, or other
disciplinary action or denial of a license application taken by a licensing or credentialing
authority of another state, territory, or country as evidenced by a certified copy of the
licensing authority's order, if the disciplinary action or application denial was based on facts
that would provide a basis for disciplinary action under this chapter and if the action was
taken only after affording the credentialed person or applicant notice and opportunity to
refute the allegations or pursuant to stipulation or other agreement;
(10) failure to maintain adequate safety and sanitary conditions for a dental office in
accordance with the standards established by the rules of the board;
(11) employing, assisting, or enabling in any manner an unlicensed person to practice
dentistry;
(12) failure or refusal to attend, testify, and produce records as directed by the board
under subdivision 7;
(13) violation of, or failure to comply with, any other provisions of sections
150A.01
to
150A.12
, the rules of the Board of Dentistry, or any disciplinary order issued by the board,
sections
144.291
to 144.298 or
595.02, subdivision 1
, paragraph (d), or for any other just
cause related to the practice of dentistry. Suspension, revocation, modification or limitation
of any license shall not be based upon any judgment as to therapeutic or monetary value of
any individual drug prescribed or any individual treatment rendered, but only upon a repeated
pattern of conduct;
(14) knowingly providing false or misleading information that is directly related to the
care of that patient unless done for an accepted therapeutic purpose such as the administration
of a placebo; or
(15) aiding suicide
deleted text begin
or
deleted text end
new text begin
,
new text end
aiding attempted suicide
deleted text begin
in violation of
deleted text end
new text begin
, being subject to injunctive
relief, or being assessed civil damages according to
new text end
section
609.215
as established by any
of the following:
(i) a copy of the record of criminal conviction or plea of guilty for a felony in violation
of section
609.215, subdivision 1
or 2;
(ii) a copy of the record of a judgment of contempt of court for violating an injunction
issued under section
609.215, subdivision 4
;
(iii) a copy of the record of a judgment assessing damages under section
609.215,
subdivision 5
; or
(iv) a finding by the board that the person violated section
609.215, subdivision 1
or 2.
The board shall investigate any complaint of a violation of section
609.215, subdivision 1
or 2.
Sec. 18.
Minnesota Statutes 2024, section 150A.081, subdivision 1, is amended to read:
Subdivision 1.
Access to data on licensee.
When the board has probable cause to believe
that a licensee's condition meets a ground listed in section
150A.08, subdivision 1
, clause
deleted text begin
(4) or
deleted text end
(8), it may, notwithstanding sections
13.384
,
144.651
, or any other law limiting access
to medical data, obtain medical or health records on the licensee without the licensee's
consent. 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. A provider,
insurance company, or government agency shall comply with a written request of the board
under this subdivision and is not liable in any action for damages for releasing the data
requested by the board if the data are released under the written request, unless the
information is false and the entity providing the information knew, or had reason to believe,
the information was false.
Sec. 19.
Minnesota Statutes 2024, section 150A.091, subdivision 2, is amended to read:
Subd. 2.
Application and initial license or registration fees.
Each applicant shall
submit with a license, advanced dental therapist certificate, or
deleted text begin
permit
deleted text end
new text begin
registration
new text end
application
a nonrefundable fee in the following amounts in order to administratively process an
application:
(1) dentist, $308;
(2) full faculty dentist, $308;
(3) limited faculty dentist, $140;
(4) resident dentist or dental provider, $55;
(5) advanced dental therapist, $100;
(6) dental therapist, $220;
(7) dental hygienist, $115;
(8) licensed dental assistant, $115;
(9) dental assistant with limited radiology registration as described in Minnesota Rules,
part
3100.1320
, $27; and
(10) guest license, $50.
Sec. 20.
Minnesota Statutes 2024, section 150A.091, subdivision 4, is amended to read:
Subd. 4.
Annual license renewal fees.
Each
deleted text begin
limited faculty or resident dentist
deleted text end
new text begin
applicant
new text end
shall submit with an annual license renewal application a fee established by the board not
to exceed the following amounts:
(1) limited faculty dentist, $168;
deleted text begin
and
deleted text end
(2) resident dentist or dental provider, $85
deleted text begin
.
deleted text end
new text begin
; and
new text end
new text begin
(3) guest license, $50.
new text end
Sec. 21.
Minnesota Statutes 2024, section 150A.091, subdivision 5, is amended to read:
Subd. 5.
Biennial license or registration renewal fees.
Each of the following applicants
shall submit with a biennial license or
deleted text begin
permit
deleted text end
new text begin
registration
new text end
renewal application a fee as
established by the board, not to exceed the following amounts:
(1) dentist or full faculty dentist, $475;
(2) dental therapist, $300;
(3) dental hygienist, $200;
(4) licensed dental assistant, $150; and
(5) dental assistant with a limited radiology registration as described in Minnesota Rules,
part
3100.1320
, $24.
Sec. 22.
Minnesota Statutes 2024, section 150A.091, subdivision 7, is amended to read:
Subd. 7.
Biennial license or
deleted text begin
permit
deleted text end
new text begin
registration
new text end
late fee.
Applications for renewal of
any license or
deleted text begin
permit
deleted text end
new text begin
registration
new text end
received after the time specified in Minnesota Rules, part
3100.1700
, must be assessed a late fee equal to 25 percent of the biennial renewal fee.
Sec. 23.
Minnesota Statutes 2024, section 150A.091, subdivision 8, is amended to read:
Subd. 8.
Duplicate
deleted text begin
license or
deleted text end
new text begin
renewal
new text end
certificate
new text begin
or registration
new text end
fee.
Each applicant
shall submit, with a request for issuance of a duplicate
deleted text begin
of the original license, or of an
deleted text end
annual
or biennial renewal certificate for a license or
deleted text begin
permit
deleted text end
new text begin
registration
new text end
, a fee in the following
amounts:
deleted text begin
(1) original dentist, full faculty dentist, dental therapist, dental hygiene, or dental assistant
license, $35; and
deleted text end
deleted text begin
(2)
deleted text end
new text begin
(1)
new text end
annual or biennial renewal certificates, $10
deleted text begin
.
deleted text end
new text begin
; and
new text end
new text begin
(2) biennial renewal registration, $10.
new text end
Sec. 24.
Minnesota Statutes 2024, section 150A.091, subdivision 9a, is amended to read:
Subd. 9a.
Credential review; nonaccredited dental
deleted text begin
institution
deleted text end
new text begin
education
program
new text end
.
Applicants who have graduated from a nonaccredited dental
deleted text begin
college
deleted text end
new text begin
education
program
new text end
desiring licensure as a dentist pursuant to section
150A.06, subdivision 1
, shall
submit an application for credential review and an application fee not to exceed the amount
of $200.
Sec. 25.
Minnesota Statutes 2024, section 150A.091, subdivision 10, is amended to read:
Subd. 10.
Reinstatement fee.
No dentist, dental therapist, dental hygienist, or dental
assistant whose license has been suspended or revoked may have the license reinstated or
a new license issued until a fee has been submitted to the board in the following amounts:
(1) dentist, $140;
(2) dental therapist, $85;
(3) dental hygienist, $55;
deleted text begin
and
deleted text end
(4) dental assistant, $35
deleted text begin
.
deleted text end
new text begin
; and
new text end
new text begin
(5) dental assistant with a limited radiology registration, $24.
new text end
Sec. 26.
Minnesota Statutes 2024, section 150A.091, subdivision 20, is amended to read:
Subd. 20.
Emeritus active license.
An individual applying for emeritus active licensure
under section
150A.06, subdivision 11
, must pay a fee upon application and upon renewal
every two years. The fees for emeritus active license application and
new text begin
biennial
new text end
renewal are
as follows: dentist, $212; dental therapist, $100; dental hygienist, $75; and dental assistant,
$55.
Sec. 27.
Minnesota Statutes 2024, section 150A.091, is amended by adding a subdivision
to read:
new text begin
Subd. 20a.
new text end
new text begin
Emeritus active license late fee.
new text end
new text begin
The board must assess a late fee equal to
25 percent of the biennial renewal fee on applications for renewal of an emeritus active
license received after the time specified in Minnesota Rules, part 3100.1350, subpart 3.
new text end
Sec. 28.
Minnesota Statutes 2024, section 150A.10, subdivision 1, is amended to read:
Subdivision 1.
Dental hygienists.
Any licensed dentist, licensed dental therapist, public
institution, or
deleted text begin
school
deleted text end
new text begin
education program
new text end
authority may obtain services from a licensed dental
hygienist. The licensed dental hygienist may provide those services defined in section
150A.05, subdivision 1a
. The services provided shall not include the establishment of a
final diagnosis or treatment plan for a dental patient. All services shall be provided under
supervision of a licensed dentist. Any licensed dentist who shall permit any dental service
by a dental hygienist other than those authorized by the Board of Dentistry, shall be deemed
to be violating the provisions of sections
150A.01
to
150A.12
, and any unauthorized dental
service by a dental hygienist shall constitute a violation of sections
150A.01
to
150A.12
.
Sec. 29.
Minnesota Statutes 2024, section 150A.10, subdivision 1a, is amended to read:
Subd. 1a.
Collaborative practice authorization for dental hygienists in community
settings.
(a) Notwithstanding subdivision 1, a dental hygienist licensed under this chapter
may be employed or retained by a health care facility, program, nonprofit organization, or
licensed dentist to perform the dental hygiene services listed in Minnesota Rules, part
3100.8700
, subpart 1, without the patient first being examined by a licensed dentist if the
dental hygienist:
(1) has entered into a collaborative agreement with a licensed dentist that designates
authorization for the services provided by the dental hygienist; and
(2) has documented completion of a course on medical emergencies within each
continuing education cycle.
(b) A collaborating dentist must be licensed under this chapter and may enter into a
collaborative agreement with no more than
deleted text begin
four
deleted text end
new text begin
eight
new text end
dental hygienists unless otherwise
authorized by the board. The board shall develop parameters and a process for obtaining
authorization to collaborate with more than
deleted text begin
four
deleted text end
new text begin
eight
new text end
dental hygienists. The collaborative
agreement must include:
(1) consideration for medically compromised patients and medical conditions for which
a dental evaluation and treatment plan must occur prior to the provision of dental hygiene
services;
(2) age- and procedure-specific standard collaborative practice protocols, including
recommended intervals for the performance of dental hygiene services and a period of time
in which an examination by a dentist should occur;
(3) copies of consent to treatment form provided to the patient by the dental hygienist;
(4) specific protocols for the placement of pit and fissure sealants and requirements for
follow-up care to ensure efficacy; and
(5) the procedure for creating and maintaining dental records for patients who are treated
by the dental hygienist under Minnesota Rules, part
3100.9600
, including specifying where
records will be located.
(c) The collaborative agreement must be:
(1) signed and maintained by the dentist; the dental hygienist; and the facility, program,
or organization;
(2) reviewed annually by the collaborating dentist and the dental hygienist; and
(3) made available to the board upon request.
(d) Before performing any services authorized under this subdivision, a dental hygienist
must provide the patient with a consent to treatment form which must include a statement
advising the patient that the dental hygiene services provided are not a substitute for a dental
examination by a licensed dentist. When the patient requires a referral for additional dental
services, the dental hygienist shall complete a referral form and provide a copy to the patient,
the facility, if applicable, the dentist to whom the patient is being referred, and the
collaborating dentist, if specified in the collaborative agreement. A copy of the referral form
shall be maintained in the patient's health care record. The patient does not become a new
patient of record of the dentist to whom the patient was referred until the dentist accepts
the patient for follow-up services after referral from the dental hygienist.
(e) For the purposes of this subdivision, a "health care facility, program, or nonprofit
organization" includes a hospital; nursing home; home health agency; group home serving
the elderly, disabled, or juveniles; state-operated facility licensed by the commissioner of
human services or the commissioner of corrections; a state-agency-administered public
health program or event; and federal, state, or local public health facility, community clinic,
tribal clinic,
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school
deleted text end
new text begin
education program
new text end
authority, Head Start program, or nonprofit
organization that serves individuals who are uninsured or who are Minnesota health care
public program recipients.
(f) For purposes of this subdivision, a "collaborative agreement" means a written
agreement with a licensed dentist who authorizes and accepts responsibility for the services
performed by the dental hygienist.
(g) A collaborative practice dental hygienist must be reimbursed for all services performed
through a health care facility, program, nonprofit organization, or licensed dentist.
Sec. 30.
Minnesota Statutes 2024, section 150A.10, subdivision 4, is amended to read:
Subd. 4.
Restorative procedures.
(a) Notwithstanding subdivisions 1, 1a, and 2, a
licensed dental hygienist or licensed dental assistant may perform the following restorative
procedures:
(1) place, contour, and adjust amalgam restorations;
(2) place, contour, and adjust glass ionomer;
(3) adapt and cement stainless steel crowns; and
(4) place, contour, and adjust
deleted text begin
class I, II, and V supragingival
deleted text end
composite restorations
deleted text begin
on
primary and permanent dentition
deleted text end
.
(b) The restorative procedures described in paragraph (a) may be performed only if:
(1) the licensed dental hygienist or licensed dental assistant has completed a
board-approved course on the specific procedures;
(2) the board-approved course includes a component that sufficiently prepares the licensed
dental hygienist or licensed dental assistant to adjust the occlusion on the newly placed
restoration;
(3) a licensed dentist or licensed advanced dental therapist has authorized the procedure
to be performed; and
(4) a licensed dentist or licensed advanced dental therapist is available in the clinic while
the procedure is being performed.
(c) The dental faculty who teaches the educators of the board-approved courses specified
in paragraph (b) must have prior experience teaching these procedures in an accredited
dental education program.
Sec. 31.
Minnesota Statutes 2024, section 150A.105, subdivision 8, is amended to read:
Subd. 8.
Definitions.
(a) For the purposes of this section, the following definitions apply.
(b) "Practice settings that serve the low-income and underserved" mean:
(1) critical access dental provider settings as designated by the commissioner of human
services under section
256B.76, subdivision 4
;
(2) dental hygiene collaborative practice settings identified in section
150A.10
,
subdivision 1a, paragraph (e), and including medical facilities, assisted living facilities,
federally qualified health centers, and organizations eligible to receive a community clinic
grant under section
145.9268, subdivision 1
;
(3) military and veterans administration hospitals, clinics, and care settings;
(4) a patient's residence or home when the patient is home-bound or receiving or eligible
to receive home care services or home and community-based waivered services, regardless
of the patient's income;
(5) oral health educational institutions; or
(6) any other clinic or practice setting, including mobile dental units, in which at least
50 percent of the total patient base of the dental therapist or advanced dental therapist
consists of patients who:
(i) are enrolled in a Minnesota health care program;
(ii) have a medical disability or chronic condition that creates a significant barrier to
receiving dental care;
new text begin
or
new text end
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(iii) do not have dental health coverage, either through a public health care program or
private insurance, and have an annual gross family income equal to or less than 200 percent
of the federal poverty guidelines; or
deleted text end
deleted text begin
(iv)
deleted text end
new text begin
(iii)
new text end
do not have dental health coverage, either through a state public health care
program or private insurance, and whose family
new text begin
annual
new text end
gross income is equal to or less than
200 percent of the federal poverty guidelines.
(c) "Dental health professional shortage area" means an area that meets the criteria
established by the secretary of the United States Department of Health and Human Services
and is designated as such under United States Code, title 42, section 254e.
Sec. 32.
Minnesota Statutes 2024, section 150A.106, subdivision 3, is amended to read:
Subd. 3.
Practice limitation.
(a) An advanced practice dental therapist shall not perform
any service or procedure described in subdivision 2 except as authorized by the collaborating
dentist.
(b) An advanced dental therapist may perform nonsurgical extractions of periodontally
diseased permanent teeth with tooth mobility of +3 to +4 under general supervision if
authorized in advance by the collaborating dentist. The advanced dental therapist shall not
extract a tooth for any patient if the tooth is unerupted, impacted, fractured, or needs to be
sectioned for removal.
deleted text begin
(c) The collaborating dentist is responsible for directly providing or arranging for another
dentist or specialist to provide any necessary advanced services needed by the patient.
deleted text end
deleted text begin
(d)
deleted text end
new text begin
(c)
new text end
An advanced dental therapist in accordance with the collaborative management
agreement must refer patients to another qualified dental or health care professional to
receive any needed services that exceed the scope of practice of the advanced dental therapist.
deleted text begin
(e)
deleted text end
new text begin
(d)
new text end
In addition to the collaborative management agreement requirements described
in section
150A.105
, a collaborative management agreement entered into with an advanced
dental therapist must include specific written protocols to govern situations in which the
advanced dental therapist encounters a patient who requires treatment that exceeds the
authorized scope of practice of the advanced dental therapist. The collaborating dentist must
ensure that a dentist is available to the advanced dental therapist for timely consultation
during treatment if needed and must either provide or arrange with another dentist or
specialist to provide the necessary treatment to any patient who requires more treatment
than the advanced dental therapist is authorized to provide.
Sec. 33.
Minnesota Statutes 2024, section 150A.11, subdivision 1, is amended to read:
Subdivision 1.
Unlawful practice.
It is unlawful for any person to: enable an unlicensed
person to practice dentistry; to practice or attempt to practice dentistry without a license;
to practice dentistry under the name of a corporation or company; or to practice under any
name that may tend to deceive the public or imply professional superiority to or greater
skill than that possessed by another dentist. If a dentist practices under the dentist's own
name, any public display or cards shall include the initials of the dentist's dental degree,
such as D.D.S. or D.M.D., following the name. If a dentist practices under another name,
the name shall include some designation which makes clear that the person is practicing
dentistry or a specialty of dentistry; and that the names of all of the participating dentists
practicing under the name be clearly identified on letterheads and building or office signs
that display a name other than the dentist's own name. Any communication between dentist
and patient shall clearly indicate the name of the dentist treating the patient. The board may
promulgate rules regarding the name under which a dentist may practice. No corporation
shall practice dentistry or engage in it, or hold itself out as being entitled to practice dentistry,
or furnish dental services or dentists, or advertise under or assume the title of dentists or
dental surgeons or equivalent title. No corporation shall furnish dental advice, or advertise
or hold itself out with any other person or alone, that it has or owns a dental office or can
furnish dental service, dentists, or dental surgeons, or solicit, through itself, or its agents,
officers, employees, directors or trustees, dental patronage for any dentist or dental surgeon.
This section:
(1) Does not apply to any licensee while acting as an instructor in or under the University
of Minnesota, the Mayo Foundation, or any other
deleted text begin
school
deleted text end
new text begin
education program
new text end
in the state
recognized by the state Board of Dentistry;
(2) Does not prohibit dentists from incorporating their practice of dentistry for business
purposes under the special provisions of a corporate practice act for dentistry;
(3) Shall not be construed to change or amend the right of licensed dentists to provide
dental care under any form of organization that is lawful under the laws of this state, or to
contract to sell their services in any manner that is lawful under the laws of this state.
Sec. 34.
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REPEALER.
new text end
new text begin
Minnesota Statutes 2024, section 150A.06, subdivision 6,
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new text begin
is repealed.
new text end
ARTICLE 8
MARRIAGE AND FAMILY THERAPY PRACTICE
Section 1.
Minnesota Statutes 2024, section 148B.35, is amended to read:
148B.35 RECIPROCITY WITH OTHER STATES.
The board shall issue a marriage and family therapist's license to an individual who holds
a current license as a marriage and family therapist from another jurisdiction if the
deleted text begin
board
determines that the standards for licensure in the other jurisdiction are at least equivalent
to or exceed the requirements of sections
148B.29
to
148B.392
and the rules of the board.
deleted text end
new text begin
individual:
new text end
new text begin
(1) completes an application for licensure by reciprocity on a form provided by the board
and submits the applicable fees under section 148B.392;
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new text begin
(2) holds a current, valid, and unrestricted license from another jurisdiction to practice
as a marriage and family therapist;
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new text begin
(3) is licensed in good standing in each jurisdiction in which the individual currently
holds a license to practice as a marriage and family therapist and is not the subject of
disciplinary action or a pending investigation by any jurisdiction's licensing authority for
marriage and family therapists;
new text end
new text begin
(4) has not been convicted of a crime that would disqualify the individual from licensure,
as determined by the board; and
new text end
new text begin
(5) has passed a Minnesota jurisprudence examination approved by the board.
new text end
ARTICLE 9
PHARMACY PRACTICE
Section 1.
Minnesota Statutes 2025 Supplement, section 151.01, subdivision 23, is amended
to read:
Subd. 23.
Practitioner.
"Practitioner" means a licensed doctor of medicine, licensed
doctor of osteopathic medicine duly licensed to practice medicine, licensed doctor of
dentistry, licensed doctor of optometry, licensed podiatrist, licensed veterinarian, licensed
advanced practice registered nurse, licensed certified midwife, or licensed physician assistant.
For purposes of sections
151.15, subdivision 4
;
151.211
, subdivision 3;
151.252, subdivision
3
;
151.37, subdivision 2
, paragraph (b); and
151.461
, "practitioner" also means a dental
therapist authorized to dispense and administer under chapter 150A. For purposes of sections
151.252, subdivision 3
, and
151.461
, "practitioner" also means a pharmacist authorized to
prescribe
deleted text begin
self-administered hormonal contraceptives, nicotine replacement medications, or
opiate antagonists under section
151.37, subdivision 14
, 15, or 16, or authorized to prescribe
drugs to prevent the acquisition of human immunodeficiency virus (HIV) under
deleted text end
new text begin
drug therapy
according to subdivision 27 or
new text end
section
151.37
deleted text begin
, subdivision 17
deleted text end
.
Sec. 2.
Minnesota Statutes 2024, section 151.01, subdivision 27, is amended to read:
Subd. 27.
Practice of pharmacy.
"Practice of pharmacy" means:
(1) interpretation and evaluation of prescription drug orders;
(2) compounding, labeling, and dispensing drugs and devices (except labeling by a
manufacturer or packager of nonprescription drugs or commercially packaged legend drugs
and devices);
(3) participation in clinical interpretations and monitoring of drug therapy for assurance
of safe and effective use of drugs, including ordering and performing laboratory tests that
are waived under the federal Clinical Laboratory Improvement Act of 1988, United States
Code, title 42, section 263a et seq. A pharmacist may collect specimens, interpret results,
notify the patient of results, and refer the patient to other health care providers for follow-up
care and may initiate, modify, or discontinue drug therapy only pursuant to a protocol or
collaborative practice agreement. A pharmacist may delegate the authority to administer
tests under this clause to a pharmacy technician or pharmacy intern. A pharmacy technician
or pharmacy intern may perform tests authorized under this clause if the technician or intern
is working under the direct supervision of a pharmacist;
(4) participation in drug and therapeutic device selection; drug administration for first
dosage and medical emergencies; intramuscular and subcutaneous drug administration under
a prescription drug order; drug regimen reviews; and drug or drug-related research;
(5) drug administration, through intramuscular and subcutaneous administration used
to treat mental illnesses as permitted under the following conditions:
(i) upon the order of a
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prescriber
deleted text end
new text begin
practitioner
new text end
and the
deleted text begin
prescriber
deleted text end
new text begin
practitioner
new text end
is notified
after administration is complete; or
(ii) pursuant to a protocol or collaborative practice agreement as defined by section
151.01, subdivisions 27b
and 27c, and participation in the initiation, management,
modification, administration, and discontinuation of drug therapy is according to the protocol
or collaborative practice agreement between the pharmacist and a dentist, optometrist,
physician, physician assistant, podiatrist, or veterinarian, or an advanced practice registered
nurse authorized to prescribe, dispense, and administer under section
148.235
. Any changes
in drug therapy or medication administration made pursuant to a protocol or collaborative
practice agreement must be documented by the pharmacist in the patient's medical record
or reported by the pharmacist to a practitioner responsible for the patient's care;
(6) initiating, ordering, and administering influenza and COVID-19 or SARS-CoV-2
vaccines authorized or approved by the United States Food and Drug Administration to all
eligible individuals three years of age and older and all other United States Food and Drug
Administration-approved vaccines to patients six years of age and older according to the
federal Advisory Committee on Immunization Practices recommendations. A pharmacist
may delegate the authority to administer vaccines under this clause to a pharmacy technician
or pharmacy intern who has completed training in vaccine administration if:
(i) the pharmacist and the pharmacy technician or pharmacy intern have successfully
completed a program approved by the Accreditation Council for Pharmacy Education
(ACPE) specifically for the administration of immunizations or a program approved by the
board;
(ii) the pharmacist utilizes the Minnesota Immunization Information Connection to
assess the immunization status of individuals prior to the administration of vaccines, except
when administering influenza vaccines to individuals age nine and older;
(iii) the pharmacist reports the administration of the immunization to the Minnesota
Immunization Information Connection;
(iv) if the patient is 18 years of age or younger, the pharmacist, pharmacy technician,
or pharmacy intern informs the patient and any adult caregiver accompanying the patient
of the importance of a well-child visit with a pediatrician or other licensed primary care
provider; and
(v) in the case of a pharmacy technician administering vaccinations while being
supervised by a licensed pharmacist:
(A) the supervision is in-person and must not be done through telehealth as defined
under section
62A.673, subdivision 2
;
(B) the pharmacist is readily and immediately available to the immunizing pharmacy
technician;
(C) the pharmacy technician has a current certificate in basic cardiopulmonary
resuscitation;
(D) the pharmacy technician has completed a minimum of two hours of ACPE-approved,
immunization-related continuing pharmacy education as part of the pharmacy technician's
two-year continuing education schedule; and
(E) the pharmacy technician has completed one of two training programs listed under
Minnesota Rules, part
6800.3850
, subpart 1h, item B;
(7) participation in the initiation, management, modification, and discontinuation of
drug therapy according to a written protocol or collaborative practice agreement between:
(i) one or more pharmacists and one or more dentists, optometrists, physicians, physician
assistants, podiatrists, or veterinarians; or (ii) one or more pharmacists and one or more
physician assistants authorized to prescribe, dispense, and administer under chapter 147A,
or advanced practice registered nurses authorized to prescribe, dispense, and administer
under section
148.235
. Any changes in drug therapy made pursuant to a protocol or
collaborative practice agreement must be documented by the pharmacist in the patient's
medical record or reported by the pharmacist to a practitioner responsible for the patient's
care;
(8) participation in the storage of drugs and the maintenance of records;
(9) patient counseling on therapeutic values, content, hazards, and uses of drugs and
devices;
(10) offering or performing those acts, services, operations, or transactions necessary
in the conduct, operation, management, and control of a pharmacy;
(11) participation in the initiation, management, modification, and discontinuation of
therapy with opiate antagonists, as defined in section
604A.04, subdivision 1
, pursuant to:
(i) a written protocol as allowed under clause (7); or
(ii) a written protocol with a community health board medical consultant or a practitioner
designated by the commissioner of health, as allowed under section
151.37
, subdivision 13;
(12) prescribing self-administered hormonal contraceptives; nicotine replacement
medications; and opiate antagonists for the treatment of an acute opiate overdose pursuant
to section
151.37, subdivision 14
, 15, or 16;
(13) participation in the placement of drug monitoring devices according to a prescription,
protocol, or collaborative practice agreement;
(14) prescribing, dispensing, and administering drugs for preventing the acquisition of
human immunodeficiency virus (HIV) if the pharmacist meets the requirements in section
151.37, subdivision 17
;
deleted text begin
and
deleted text end
(15) ordering, conducting, and interpreting laboratory tests necessary for therapies that
use drugs for preventing the acquisition of HIV, if the pharmacist meets the requirements
in section
151.37, subdivision 17
deleted text begin
.
deleted text end
new text begin
; and
new text end
new text begin
(16) initiating, prescribing, dispensing, and administering drugs for the treatment of
opioid use disorder pursuant to section 151.37, subdivision 18.
new text end
Sec. 3.
Minnesota Statutes 2024, section 151.071, subdivision 2, is amended to read:
Subd. 2.
Grounds for disciplinary action.
The following conduct is prohibited and is
grounds for disciplinary action:
(1) failure to demonstrate the qualifications or satisfy the requirements for a license or
registration contained in this chapter or the rules of the board. The burden of proof is on
the applicant to demonstrate such qualifications or satisfaction of such requirements;
(2) obtaining a license by fraud or by misleading the board in any way during the
application process or obtaining a license by cheating, or attempting to subvert the licensing
examination process. Conduct that subverts or attempts to subvert the licensing examination
process includes, but is not limited to: (i) conduct that violates the security of the examination
materials, such as removing examination materials from the examination room or having
unauthorized possession of any portion of a future, current, or previously administered
licensing examination; (ii) conduct that violates the standard of test administration, such as
communicating with another examinee during administration of the examination, copying
another examinee's answers, permitting another examinee to copy one's answers, or
possessing unauthorized materials; or (iii) impersonating an examinee or permitting an
impersonator to take the examination on one's own behalf;
(3) for a pharmacist, pharmacy technician, pharmacist intern, applicant for a pharmacist
or pharmacy license, or applicant for a pharmacy technician or pharmacist intern registration,
conviction of a felony reasonably related to the practice of pharmacy. Conviction as used
in this subdivision includes a conviction of an offense that if committed in this state would
be deemed a felony without regard to its designation elsewhere, or a criminal proceeding
where a finding or verdict of guilt is made or returned but the adjudication of guilt is either
withheld or not entered thereon. The board may delay the issuance of a new license or
registration if the applicant has been charged with a felony until the matter has been
adjudicated;
(4) for a facility, other than a pharmacy, licensed or registered by the board, if an owner
or applicant is convicted of a felony reasonably related to the operation of the facility. The
board may delay the issuance of a new license or registration if the owner or applicant has
been charged with a felony until the matter has been adjudicated;
(5) for a controlled substance researcher, conviction of a felony reasonably related to
controlled substances or to the practice of the researcher's profession. The board may delay
the issuance of a registration if the applicant has been charged with a felony until the matter
has been adjudicated;
(6) disciplinary action taken by another state or by one of this state's health licensing
agencies:
(i) revocation, suspension, restriction, limitation, or other disciplinary action against a
license or registration in another state or jurisdiction, failure to report to the board that
charges or allegations regarding the person's license or registration have been brought in
another state or jurisdiction, or having been refused a license or registration by any other
state or jurisdiction. The board may delay the issuance of a new license or registration if an
investigation or disciplinary action is pending in another state or jurisdiction until the
investigation or action has been dismissed or otherwise resolved; and
(ii) revocation, suspension, restriction, limitation, or other disciplinary action against a
license or registration issued by another of this state's health licensing agencies, failure to
report to the board that charges regarding the person's license or registration have been
brought by another of this state's health licensing agencies, or having been refused a license
or registration by another of this state's health licensing agencies. The board may delay the
issuance of a new license or registration if a disciplinary action is pending before another
of this state's health licensing agencies until the action has been dismissed or otherwise
resolved;
(7) for a pharmacist, pharmacy, pharmacy technician, or pharmacist intern, violation of
any order of the board, of any of the provisions of this chapter or any rules of the board or
violation of any federal, state, or local law or rule reasonably pertaining to the practice of
pharmacy;
(8) for a facility, other than a pharmacy, licensed by the board, violations of any order
of the board, of any of the provisions of this chapter or the rules of the board or violation
of any federal, state, or local law relating to the operation of the facility;
(9) engaging in any unethical conduct; conduct likely to deceive, defraud, or harm the
public, or demonstrating a willful or careless disregard for the health, welfare, or safety of
a patient; or pharmacy practice that is professionally incompetent, in that it may create
unnecessary danger to any patient's life, health, or safety, in any of which cases, proof of
actual injury need not be established;
(10) aiding or abetting an unlicensed person in the practice of pharmacy, except that it
is not a violation of this clause for a pharmacist to supervise a properly registered pharmacy
technician or pharmacist intern if that person is performing duties allowed by this chapter
or the rules of the board;
(11) for an individual licensed or registered by the board, adjudication as mentally ill
or developmentally disabled, or as a chemically dependent person, a person dangerous to
the public, a sexually dangerous person, or a person who has a sexual psychopathic
personality, by a court of competent jurisdiction, within or without this state. Such
adjudication shall automatically suspend a license for the duration thereof unless the board
orders otherwise;
(12) for a pharmacist or pharmacy intern, engaging in unprofessional conduct as specified
in the board's rules. In the case of a pharmacy technician, engaging in conduct specified in
board rules that would be unprofessional if it were engaged in by a pharmacist or pharmacist
intern or performing duties specifically reserved for pharmacists under this chapter or the
rules of the board;
(13) for a pharmacy, operation of the pharmacy without a pharmacist present and on
duty except as allowed by a variance approved by the board;
(14) for a pharmacist, the inability to practice pharmacy with reasonable skill and safety
to patients by reason of illness, use of alcohol, drugs, narcotics, chemicals, or any other type
of material or as a result of any mental or physical condition, including deterioration through
the aging process or loss of motor skills. In the case of registered pharmacy technicians,
pharmacist interns, or controlled substance researchers, the inability to carry out duties
allowed under this chapter or the rules of the board with reasonable skill and safety to
patients by reason of illness, use of alcohol, drugs, narcotics, chemicals, or any other type
of material or as a result of any mental or physical condition, including deterioration through
the aging process or loss of motor skills;
(15) for a pharmacist, pharmacy, pharmacist intern, pharmacy technician, medical gas
dispenser, or controlled substance researcher, revealing a privileged communication from
or relating to a patient except when otherwise required or permitted by law;
(16) for a pharmacist or pharmacy, improper management of patient records, including
failure to maintain adequate patient records, to comply with a patient's request made pursuant
to sections
144.291
to
144.298
, or to furnish a patient record or report required by law;
(17) fee splitting, including without limitation:
(i) paying, offering to pay, receiving, or agreeing to receive, a commission, rebate,
kickback, or other form of remuneration, directly or indirectly, for the referral of patients;
(ii) referring a patient to any health care provider as defined in sections
144.291
to
144.298
in which the licensee or registrant has a financial or economic interest as defined
in section
144.6521, subdivision 3
, unless the licensee or registrant has disclosed the
licensee's or registrant's financial or economic interest in accordance with section
144.6521
;
and
(iii) any arrangement through which a pharmacy, in which the prescribing practitioner
does not have a significant ownership interest, fills a prescription drug order and the
prescribing practitioner is involved in any manner, directly or indirectly, in setting the price
for the filled prescription that is charged to the patient, the patient's insurer or pharmacy
benefit manager, or other person paying for the prescription or, in the case of veterinary
patients, the price for the filled prescription that is charged to the client or other person
paying for the prescription, except that a veterinarian and a pharmacy may enter into such
an arrangement provided that the client or other person paying for the prescription is notified,
in writing and with each prescription dispensed, about the arrangement, unless such
arrangement involves pharmacy services provided for livestock, poultry, and agricultural
production systems, in which case client notification would not be required;
(18) engaging in abusive or fraudulent billing practices, including violations of the
federal Medicare and Medicaid laws or state medical assistance laws or rules;
(19) engaging in conduct with a patient that is sexual or may reasonably be interpreted
by the patient as sexual, or in any verbal behavior that is seductive or sexually demeaning
to a patient;
(20) failure to make reports as required by section
151.072
or to cooperate with an
investigation of the board as required by section
151.074
;
(21) knowingly providing false or misleading information that is directly related to the
care of a patient unless done for an accepted therapeutic purpose such as the dispensing and
administration of a placebo;
(22) aiding suicide or aiding attempted suicide in violation of section
609.215
as
established by any of the following:
(i) a copy of the record of criminal conviction or plea of guilty for a felony in violation
of section
609.215, subdivision 1
or 2;
(ii) a copy of the record of a judgment of contempt of court for violating an injunction
issued under section
609.215, subdivision 4
;
(iii) a copy of the record of a judgment assessing damages under section
609.215
,
subdivision 5; or
(iv) a finding by the board that the person violated section
609.215, subdivision
1 or 2.
The board must investigate any complaint of a violation of section
609.215
, subdivision 1
or 2;
(23) for a pharmacist, practice of pharmacy under a lapsed or nonrenewed license. For
a pharmacist intern, pharmacy technician, or controlled substance researcher, performing
duties permitted to such individuals by this chapter or the rules of the board under a lapsed
or nonrenewed registration. For a facility required to be licensed under this chapter, operation
of the facility under a lapsed or nonrenewed license or registration;
(24) for a pharmacist, pharmacist intern, or pharmacy technician, termination or discharge
from the health professionals services program for reasons other than the satisfactory
completion of the program;
deleted text begin
and
deleted text end
(25) for a manufacturer, a violation of section
62J.842
or
62J.845
deleted text begin
.
deleted text end
new text begin
; and
new text end
new text begin
(26) for a pharmacist or pharmacist intern, engaging in conduct that departs from or fails
to conform with accepted standards for health care that would be provided in a similar
setting by a reasonable and prudent pharmacist or pharmacist intern.
new text end
Sec. 4.
Minnesota Statutes 2024, section 151.37, is amended by adding a subdivision to
read:
new text begin
Subd. 18.
new text end
new text begin
Treatment of opioid use disorder.
new text end
new text begin
(a) A pharmacist is authorized to prescribe,
administer, and dispense legend drugs and controlled substances in Schedules III through
V of section 152.02 to treat opioid use disorder if:
new text end
new text begin
(1) the pharmacist has determined, based on medically acceptable standards, that treatment
is indicated and necessary; and
new text end
new text begin
(2) the pharmacist documents in the patient's health record the assessment, treatment,
response, and monitoring activities performed according to an individual treatment plan.
new text end
new text begin
(b) In order to prescribe a drug described in paragraph (a), the pharmacist must first:
new text end
new text begin
(1) successfully complete a training program specifically developed for practitioners for
the treatment of substance use disorders, in accordance with United States Code, title 21,
section 823(m); and
new text end
new text begin
(2) obtain the appropriate federal Drug Enforcement Administration registration number
required for the schedule in which that drug is included, if the drug to be prescribed is a
controlled substance.
new text end
new text begin
(c) Before dispensing a drug described in paragraph (a) that is prescribed by the
pharmacist, the pharmacist must provide counseling to the patient on the proper use of the
drug, the need for follow-up, and any additional information listed in Minnesota Rules, part
6800.0910, subpart 2, that must be provided during patient counseling.
new text end
new text begin
(d) A pharmacist is prohibited from delegating the prescribing authority under this
subdivision to any other person. A pharmacist intern registered under section 151.101 may
prepare the prescription, but before the prescription is processed or dispensed, a pharmacist
authorized to prescribe under this subdivision must review, approve, and sign the prescription.
new text end
new text begin
(e) Nothing in this subdivision prohibits a pharmacist from participating in the initiation,
management, modification, and discontinuation of drug therapy according to a protocol for
opioid use disorder as authorized in this section and section 151.01, subdivision 27.
new text end
new text begin
(f) Nothing in this subdivision prohibits a pharmacist from dispensing or administering
drugs for the treatment of opioid use disorder in accordance with a valid prescription issued
by another practitioner.
new text end
new text begin
(g) Nothing in this subdivision prohibits a pharmacist from charging for a service
authorized under this subdivision.
new text end
Sec. 5.
Minnesota Statutes 2024, section 152.11, subdivision 2, is amended to read:
Subd. 2.
Prescription requirements for Schedule III or IV controlled substances.
(a)
Except as provided in paragraph (b), no person may dispense a controlled substance included
in Schedule III or IV of section
152.02
without a prescription issued, as permitted under
subdivision 1, by a doctor of medicine, a doctor of osteopathic medicine licensed to practice
medicine, a doctor of dental surgery, a doctor of dental medicine, a doctor of podiatry, a
doctor of optometry limited to Schedule IV,
new text begin
a pharmacist limited to Schedule III or IV and
in accordance with section 151.37,
new text end
or a doctor of veterinary medicine, lawfully licensed to
prescribe in this state or from a practitioner licensed to prescribe controlled substances by
the state in which the prescription is issued, and having a current federal drug enforcement
administration registration number. Such prescription may not be dispensed or refilled
except with the documented consent of the prescriber, and in no event more than six months
after the date on which such prescription was issued and no such prescription may be refilled
more than five times.
(b) This subdivision does not apply to cannabis plants, cannabis flower, cannabis products,
or hemp-derived consumer products sold or transferred in compliance with chapter 342.
Sec. 6.
Minnesota Statutes 2024, section 152.12, is amended by adding a subdivision to
read:
new text begin
Subd. 2a.
new text end
new text begin
Pharmacist.
new text end
new text begin
A licensed pharmacist, in good faith and in the course of
professional practice only, may prescribe, administer, and dispense a controlled substance
that is included in Schedules III through V of section 152.02 and that the pharmacist is
authorized to prescribe, administer, and dispense under section 151.37, subdivision 18, and
may cause the same to be administered by a pharmacist intern under the direction and
supervision of the pharmacist.
new text end
ARTICLE 10
PHYSICAL THERAPY PRACTICE
Section 1.
Minnesota Statutes 2024, section 148.65, subdivision 5, is amended to read:
Subd. 5.
Student physical therapist.
"Student physical therapist" means a person in a
professional educational program, approved by the board under section
148.705
, who is
satisfying supervised clinical education requirements by performing physical therapy under
the
deleted text begin
on-site
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new text begin
direct
new text end
supervision of a licensed physical therapist.
deleted text begin
"On-site supervision" means
the physical therapist is easily available for instruction to the student physical therapist. The
physical therapist shall have direct contact with the patient during at least every second
treatment session by the student physical therapist.
deleted text end
new text begin
"Direct supervision" means that the
physical therapist is physically present and immediately available for supervision.
new text end
Telecommunications
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, except within the
deleted text end
deleted text begin
facility,
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does not meet the requirement of
deleted text begin
on-site
deleted text end
new text begin
direct
new text end
supervision.
Sec. 2.
Minnesota Statutes 2024, section 148.65, subdivision 6, is amended to read:
Subd. 6.
Student physical therapist assistant.
"Student physical therapist assistant"
means a person in a physical therapist assistant educational program accredited by the
Commission on Accreditation in Physical Therapy Education (CAPTE) or a recognized
comparable national accrediting agency approved by the board. The student physical therapist
assistant, under the direct supervision of the physical therapist, or the direct supervision of
the physical therapist and physical therapist assistant
new text begin
team
new text end
, performs physical therapy
interventions and assists with coordination, communication, documentation, and
patient-client-related instruction. "Direct supervision" means the physical therapist
new text begin
or
physical therapist assistant when supervising a student physical therapist assistant as part
of a physical therapist and physical therapist assistant team
new text end
is physically present and
immediately available to provide instruction to the student physical therapist assistant.
new text begin
Telecommunications does not meet the requirement of direct supervision.
new text end
Sec. 3.
Minnesota Statutes 2024, section 148.706, subdivision 1, is amended to read:
Subdivision 1.
Supervision.
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(a)
new text end
Every physical therapist who uses the services of a
physical therapist assistant or physical therapy aide for the purpose of assisting in the practice
of physical therapy is responsible for functions performed by the assistant or aide while
engaged in such assistance. The physical therapist shall
deleted text begin
delegate
deleted text end
new text begin
direct
new text end
duties to the physical
therapist assistant and assign tasks to the physical therapy aide in accordance with subdivision
2.
deleted text begin
Physical therapists who instruct student physical therapists and student physical therapist
assistants are responsible for the functions performed by the students and shall supervise
the students as provided under section
148.65
, subdivisions 5 and 6. A licensed physical
therapist may supervise no more than two physical therapist assistants at any time.
deleted text end
new text begin
(b) A licensed physical therapist may supervise no more than two physical therapist
assistants at any time. A physical therapist supervising physical therapist assistants is not
required to be on site, but must be easily available by telecommunications.
new text end
new text begin
(c) Physical therapists who instruct student physical therapists and student physical
therapist assistants are responsible for the functions performed by the students and shall
supervise the students as provided under section 148.65, subdivisions 5 and 6. A physical
therapist supervising a student physical therapist must have direct contact with the patient
during at least every second treatment session by the student physical therapist. A physical
therapist or physical therapist assistant as part of a physical therapist and physical therapist
assistant team who is supervising a student physical therapist assistant must have direct
contact with the patient during at least every second treatment session by the student physical
therapist assistant.
new text end
Sec. 4.
Minnesota Statutes 2024, section 148.706, subdivision 2, is amended to read:
Subd. 2.
deleted text begin
Delegation
deleted text end
new text begin
Direction
new text end
of duties.
The physical therapist
deleted text begin
may delegate
deleted text end
new text begin
is
authorized to direct
new text end
patient treatment procedures only to a physical therapist assistant who
has sufficient didactic and clinical preparation. The physical therapist may not
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delegate
deleted text end
new text begin
direct
new text end
the following activities to
deleted text begin
the
deleted text end
new text begin
a
new text end
physical therapist assistant or to other supportive
personnel:
new text begin
initial
new text end
patient
new text begin
examination and
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evaluation,
deleted text begin
treatment planning, initial treatment,
change of treatment,
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new text begin
development and modification of the plan of care,
new text end
and initial or final
documentation.
Sec. 5.
Minnesota Statutes 2024, section 148.706, subdivision 3, is amended to read:
Subd. 3.
Observation of
new text begin
and collaboration with
new text end
physical therapist assistants.
When
new text begin
a physical therapist directs
new text end
components of a patient's treatment
deleted text begin
are delegated
deleted text end
to a physical
therapist assistant, a physical therapist must
deleted text begin
provide on-site observation of the treatment
and documentation of its appropriateness at least every six treatment sessions. The physical
therapist is not required to be on site, but must be easily available by telecommunications.
deleted text end
new text begin
do the following at least every six treatment sessions that the physical therapist assistant
provides services:
new text end
new text begin
(1) observe a portion of the patient treatment session with the physical therapist assistant,
either in person or remotely via telehealth; and
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new text begin
(2) document a collaborative discussion with the physical therapist assistant and the
continued appropriateness of the plan of care.
new text end
ARTICLE 11
ADVANCED PRACTICE REGISTERED NURSE PRACTICE
Section 1.
Minnesota Statutes 2024, section 148.211, subdivision 1c, is amended to read:
Subd. 1c.
Postgraduate practice.
A nurse practitioner or clinical nurse specialist who
qualifies for licensure as an advanced practice registered nurse must practice for at least
2,080 hours, within the context of a collaborative agreement
deleted text begin
, within a hospital or integrated
clinical setting where advanced practice registered nurses and physicians work together to
provide patient care
deleted text end
. The nurse practitioner or clinical nurse specialist shall submit written
evidence to the board with the application, or upon completion of the required collaborative
practice experience. For purposes of this subdivision, a collaborative agreement is a mutually
agreed upon plan for the overall working relationship between a nurse practitioner or clinical
nurse specialist, and one or more
deleted text begin
physicians licensed under chapter 147 or in another state
or United States territory, or one or more advanced practice registered nurses licensed under
this section that designates the scope of collaboration necessary to manage the care of
patients. The nurse practitioner or clinical nurse specialist, and one of the collaborating
physicians or advanced practice registered nurses, must have experience in providing care
to patients with the same or similar medical problems
deleted text end
new text begin
of the following:
new text end
new text begin
(1) physicians licensed under chapter 147 or in another state or United States territory
who have experience in providing care to patients with the same or similar medical problems;
or
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new text begin
(2) advanced practice registered nurses licensed under this section who have at least
three years of practice as an advanced practice registered nurse and who have experience
providing care to patients with the same or similar medical problems
new text end
.
Sec. 2.
Minnesota Statutes 2024, section 148.211, is amended by adding a subdivision to
read:
new text begin
Subd. 1d.
new text end
new text begin
Postgraduate practice in certain specialties.
new text end
new text begin
Notwithstanding subdivision
1c, a nurse practitioner or clinical nurse specialist who provides services other than primary
care services or mental health services in their first 2,080 hours of practice must complete
their collaborative practice agreement in a setting where advanced practice registered nurses
and physicians work together to provide patient care.
new text end
ARTICLE 12
HEALTH-RELATED PROFESSIONS; PRACTICING WITHOUT A LICENSE
Section 1.
Minnesota Statutes 2024, section 147.081, subdivision 1, is amended to read:
Subdivision 1.
Unlawful practice of medicine.
new text begin
It is unlawful for any person who is not
a natural person to practice medicine as defined in subdivision 3.
new text end
It is unlawful for any
new text begin
natural
new text end
person to practice medicine as defined in subdivision 3 in this state unless:
(1) the person holds a valid license issued according to this chapter; or
(2) the person is registered to provide interstate telehealth services according to section
147.032
.
Sec. 2.
Minnesota Statutes 2024, section 148.61, subdivision 5, is amended to read:
Subd. 5.
Gross misdemeanor.
new text begin
It is unlawful for any person who is not a natural person
to practice optometry in this state.
new text end
Every
new text begin
natural
new text end
person not licensed by the board pursuant
to section
148.57
who practices optometry in this state shall be guilty of a gross misdemeanor.
Sec. 3.
Minnesota Statutes 2024, section 148.941, subdivision 6, is amended to read:
Subd. 6.
Violation.
new text begin
It is unlawful for any person who is not a natural person to engage
in the practice of psychology or misrepresent themselves as a psychologist or psychological
practitioner. Natural
new text end
persons who engage in the unlicensed practice of psychology or who
misrepresent themselves as psychologists or psychological practitioners are guilty of a gross
misdemeanor.
ARTICLE 13
APPROPRIATIONS
Section 1.
new text begin
APPROPRIATION; MASSAGE THERAPIST AND ASIAN BODYWORK
THERAPIST REGISTRATION.
new text end
new text begin
$147,000 in fiscal year 2027 is appropriated from the state government special revenue
fund to the commissioner of health to administer regulatory requirements for massage
therapists and Asian bodywork therapists under Minnesota Statutes, sections 148.636 to
148.6377. The base for this appropriation is $1,758,000 in fiscal year 2028 and $1,815,000
in fiscal year 2029.
new text end
Sec. 2.
new text begin
APPROPRIATION; MUSIC THERAPIST LICENSURE.
new text end
new text begin
$87,000 in fiscal year 2027 is appropriated from the state government special revenue
fund to the commissioner of health to administer licensing requirements for music therapists
under Minnesota Statutes, sections 148H.01 to 148H.16. The base for this appropriation is
$55,000 in fiscal year 2028 and $55,000 in fiscal year 2029.
new text end
APPENDIX
Repealed Minnesota Statutes: H3825-1
147B.01 DEFINITIONS.
Subd. 18.
Oriental medicine.
"Oriental medicine" means a system of healing arts that perceives the circulation and balance of energy in the body as being fundamental to the well-being of the individual. It implements the theory through specialized methods of analyzing the energy status of the body and treating the body with acupuncture and other related modalities for the purpose of strengthening the body, improving energy balance, maintaining or restoring health, improving physiological function, and reducing pain.
148.7802 DEFINITIONS.
Subd. 4.
Athlete.
"Athlete" means a person participating in exercises, sports, games, or recreation requiring physical strength, agility, flexibility, range of motion, speed, or stamina.
Subd. 5.
Athletic injury.
"Athletic injury" means an injury sustained by a person as a result of the person's participation in exercises, sports, games, or recreation requiring physical strength, agility, flexibility, range of motion, speed, or stamina.
150A.06 LICENSURE.
Subd. 6.
Display of name and certificates.
(a) The renewal certificate of every licensee or registrant must be conspicuously displayed in plain sight of patients in every office in which that person practices. Duplicate renewal certificates may be obtained from the board.
(b) Near or on the entrance door to every office where dentistry is practiced, the name of each dentist practicing there, as inscribed on the current license certificate, must be displayed in plain sight.
(c) The board must allow the display of a mini-license for guest license holders performing volunteer dental services. There is no fee for the mini-license for guest volunteers.