1.1    .................... moves to amend S. F. No. 26, the delete everything amendment
1.2(S0026DE1), as follows:
1.3Page 1, line 14, before "After" insert "(a)"
1.4Page 2, line 4, after the period insert "The commissioner shall issue a certificate to
1.5examinees who pass an approved examination."
1.6Page 2, after line 4, insert:
1.7    "(b) Individuals who have met current regulations to operate x-ray equipment prior
1.8to January 1, 2008, in a facility with x-ray equipment for use on humans that is registered
1.9under subdivision 1, shall not be required to take a national examination as required
1.10in paragraph (a)."
1.11Page 2, line 28, delete everything after the second comma and insert "are exempt
1.12from the requirements of subdivision 5 to subdivision 5e, but must meet the continuing
1.13education requirements provided in subdivision 5f."
1.14Page 2, delete line 29 and insert "Subdivision 5 to subdivision 5f of this section do
1.15not apply to dental hygienists, dental assistants, and individuals that are licensed in the
1.16state of Minnesota to practice medicine, osteopathy, chiropractics, podiatry and dentistry."
1.17Page 3, delete section 6 and insert:

1.18    "Sec. 6. Minnesota Statutes 2006, section 144.121, is amended by adding a subdivision
1.19to read:
1.20    Subd. 5e. Variance of scope and practice. The commissioner may grant a variance
1.21according to Minnesota Rules, parts 4717.7000 to 4717.7050, to a facility for the scope of
1.22practice of an x-ray operator in cases where the delivery of health care would otherwise be
1.23compromised if a variance were not granted. The request for a variance must be in writing,
1.24state the circumstances that constitute hardship, state the period of time the facility wishes
1.25to have the variance for the scope of practice in place, and state the alternative measures
1.26that will be taken if the variance is granted. The commissioner shall set forth in writing,
1.27the reasons for granting or denying the variance. Variances granted by the commissioner
2.1specify in writing, the time limitation and required alternative measures to be taken by
2.2the facility. A request for the variance shall be denied if the commissioner finds the
2.3circumstances stated by the facility do not support a claim of extreme hardship, the
2.4requested time period for the variance is unreasonable, the alternative measures proposed
2.5by the facility are not equivalent to the scope of practice, or the request for the variance
2.6is not submitted to the commissioner in a timely manner.
2.7EFFECTIVE DATE.This section is effective January 1, 2008.

2.8    Sec. 7. Minnesota Statutes 2006, section 144.121, is amended by adding a subdivision
2.9to read:
2.10    Subd. 5f. Continuing education requirements. The commissioner shall approve
2.11continuing education programs for limited x-ray operators that offer x-ray specific courses,
2.12including, but not limited to, courses offered online. A limited x-ray operator shall
2.13complete four hours of continuing education during every two-year period and pay a $20
2.14fee every two years in order to remain certified. The first two-year period ends January
2.151, 2010. A limited x-ray operator who is out of compliance shall be given three months
2.16to comply with this subdivision. After that three-month period, an individual who is out
2.17of compliance shall be required to take an examination, as provided in subdivision 5,
2.18in order to be recertified"
2.19Renumber the sections in sequence and correct the internal references
2.20Amend the title accordingly