1.1    .................... moves to amend S. F. No. 26 as follows:
1.2Delete everything after the enacting clause and insert:

1.3    "Section 1. Minnesota Statutes 2006, section 144.121, subdivision 5, is amended to
1.4read:
1.5    Subd. 5. Examination for individual operating x-ray equipment. After January
1.61, 1997, an individual in a facility with x-ray equipment for use on humans that is
1.7registered under subdivision 1 may not operate, nor may the facility allow the individual
1.8to operate, x-ray equipment unless the individual has passed an examination approved
1.9by the commissioner of health, or an examination determined to the satisfaction of the
1.10commissioner of health to be an equivalent national, state, or regional examination,
1.11that demonstrates the individual's knowledge of basic radiation safety, proper use of
1.12x-ray equipment, darkroom and film processing, and quality assurance procedures. The
1.13commissioner shall establish by rule criteria for the approval of examinations required
1.14for an individual operating an x-ray machine in Minnesota After January 1, 2008, an
1.15individual in a facility with x-ray equipment for use on humans that is registered under
1.16subdivision 1 may not operate, nor may the facility allow the individual to operate,
1.17x-ray equipment unless the individual has passed a national examination determined
1.18to the satisfaction of the commissioner of health. The commissioner shall establish by
1.19rule criteria for the approval of examinations based on national standards, such as the
1.20examination in radiography from the American Registry of Radiologic Technologists, the
1.21examination for limited scope of practice in radiography from the American Registry
1.22of Radiologic Technologists for limited x-ray machine operators, and the American
1.23Registry of Chiropractic Radiography Technologists for limited radiography in spines and
1.24extremities; or equivalent examinations approved by other states. Equivalent examinations
1.25are to be determined by the commissioner, and must be consistent with the standards
1.26for educational and psychological testing as recommended by the American Education
1.27Research Association, the American Psychological Association, the National Council
2.1on Measurement in Education, or the National Commission for Certifying Agencies.
2.2Any costs incurred in determining the extent to which examinations meet the examining
2.3standards of this subdivision shall be paid by the individual or organization proposing the
2.4use of such examination.
2.5EFFECTIVE DATE.This section is effective January 1, 2008.

2.6    Sec. 2. Minnesota Statutes 2006, section 144.121, is amended by adding a subdivision
2.7to read:
2.8    Subd. 5a. Limited x-ray machine operator examination. The examination for
2.9limited x-ray machine operators shall include, but not be limited to:
2.10    (1) Radiation protection, equipment maintenance and operation, image production
2.11and evaluation, patient care and management; and
2.12    (2) At least one of the following regions of the human anatomy: chest, extremities,
2.13skull and sinus, spine, or ankle and foot. These examinations would include the anatomy
2.14of, and position for, the specific regions.
2.15EFFECTIVE DATE.This section is effective January 1, 2008.

2.16    Sec. 3. Minnesota Statutes 2006, section 144.121, is amended by adding a subdivision
2.17to read:
2.18    Subd. 5b. Limited x-ray machine operator practice. A limited x-ray operator
2.19may practice medical radiography on limited regions of the human anatomy for which
2.20they have successfully passed an examination outlined in subdivision 5a. They may
2.21practice using only routine radiographic procedures, for the interpretation by and under the
2.22direction of a licensed practitioner, excluding computed tomography, the use of contrast
2.23media, and the use of fluoroscopic or mammographic equipment.
2.24EFFECTIVE DATE.This section is effective January 1, 2008.

2.25    Sec. 4. Minnesota Statutes 2006, section 144.121, is amended by adding a subdivision
2.26to read:
2.27    Subd. 5c. Exemptions. X-ray machine operators who have met current regulations
2.28promulgated by the commissioner prior to January 1, 2008, or a state of Minnesota license
2.29to practice medicine, osteopathy, chiropractic, podiatry, dentistry, and dental hygiene.
2.30EFFECTIVE DATE.This section is effective January 1, 2008.

2.31    Sec. 5. Minnesota Statutes 2006, section 144.121, is amended by adding a subdivision
2.32to read:
3.1    Subd. 5d. Procedures. The commissioner shall promulgate by rule procedures
3.2to be followed for examinations.
3.3EFFECTIVE DATE.This section is effective January 1, 2008.

3.4    Sec. 6. Minnesota Statutes 2006, section 144.121, is amended by adding a subdivision
3.5to read:
3.6    Subd. 5e. Variance of scope of practice. The commissioner may grant a variance
3.7according to Minnesota Rules, parts 4717.7000 to 4717.7050, of the scope of practice of
3.8an x-ray operator in cases where the scope of practice would impose an extreme hardship
3.9on the registrant. The request for a variance must be in writing, state the circumstances
3.10that constitute extreme hardship, state the period of time the registrant wishes to have the
3.11variance for the scope of practice in place, and state the alternative measures that will be
3.12taken if the variance is granted. The commissioner shall set forth in writing, the reasons
3.13for granting or denying the variance. Variances granted by the commissioner specify in
3.14writing, the time limitation and required alternative measures to be taken by the registrant.
3.15A request for the variance shall be denied if the commissioner finds the circumstances
3.16stated by the registrant do not support a claim of extreme hardship, the requested time
3.17period for the variance is unreasonable, the alternative measures proposed by the registrant
3.18are not equivalent to the scope of practice, or the request for the variance is not submitted
3.19to the commissioner in a timely manner.
3.20EFFECTIVE DATE.This section is effective January 1, 2008.

3.21    Sec. 7. Minnesota Statutes 2006, section 147.037, subdivision 1, is amended to read:
3.22    Subdivision 1. Requirements. The board shall issue a license to practice medicine
3.23to any person who satisfies the requirements in paragraphs (a) to (g).
3.24    (a) The applicant shall satisfy all the requirements established in section 147.02,
3.25subdivision 1 , paragraphs (a), (e), (f), (g), and (h).
3.26    (b) The applicant shall present evidence satisfactory to the board that the applicant
3.27is a graduate of a medical or osteopathic school approved by the board as equivalent
3.28to accredited United States or Canadian schools based upon its faculty, curriculum,
3.29facilities, accreditation, or other relevant data. If the applicant is a graduate of a medical
3.30or osteopathic program that is not accredited by the Liaison Committee for Medical
3.31Education or the American Osteopathic Association, the applicant must may use the
3.32Federation of State Medical Boards' Federation Credentials Verification Service (FCVS)
3.33or its successor. If the applicant uses this service as required allowed under this paragraph,
3.34the physician application fee may be less than $200 but must not exceed the cost of
3.35administering this paragraph.
4.1    (c) The applicant shall present evidence satisfactory to the board that the applicant
4.2has been awarded a certificate by the Educational Council for Foreign Medical Graduates,
4.3and the applicant has a working ability in the English language sufficient to communicate
4.4with patients and physicians and to engage in the practice of medicine.
4.5    (d) The applicant shall present evidence satisfactory to the board of the completion
4.6of two years of graduate, clinical medical training in a program located in the United
4.7States, its territories, or Canada and accredited by a national accrediting organization
4.8approved by the board. This requirement does not apply:
4.9    (1) to an applicant who is admitted as a permanent immigrant to the United States on
4.10or before October 1, 1991, as a person of exceptional ability in the sciences according to
4.11Code of Federal Regulations, title 20, section 656.22(d);
4.12    (2) to an applicant holding a valid license to practice medicine in another country
4.13and issued a permanent immigrant visa after October 1, 1991, as a person of extraordinary
4.14ability in the field of science or as an outstanding professor or researcher according to
4.15Code of Federal Regulations, title 8, section 204.5(h) and (i), or a temporary nonimmigrant
4.16visa as a person of extraordinary ability in the field of science according to Code of
4.17Federal Regulations, title 8, section 214.2(o),
4.18provided that a person under clause (1) or (2) is admitted pursuant to rules of the United
4.19States Department of Labor; or
4.20    (3) to an applicant who is licensed in another state, has practiced five years without
4.21disciplinary action in the United States, its territories, or Canada, has completed one year
4.22of the graduate, clinical medical training required by this paragraph, and has passed the
4.23Special Purpose Examination of the Federation of State Medical Boards within three
4.24attempts in the 24 months before licensing.
4.25    (e) The applicant must:
4.26    (1) have passed an examination prepared and graded by the Federation of State
4.27Medical Boards, the United States Medical Licensing Examination program in accordance
4.28with section 147.02, subdivision 1, paragraph (c), clause (2), or the Medical Council
4.29of Canada; and
4.30    (2) have a current license from the equivalent licensing agency in another state or
4.31country and, if the examination in clause (1) was passed more than ten years ago, either:
4.32    (i) pass the Special Purpose Examination of the Federation of State Medical Boards
4.33with a score of 75 or better within three attempts; or
4.34    (ii) have a current certification by a specialty board of the American Board of
4.35Medical Specialties, of the American Osteopathic Association Bureau of Professional
5.1Education, of the Royal College of Physicians and Surgeons of Canada, or of the College
5.2of Family Physicians of Canada.
5.3    (f) The applicant must not be under license suspension or revocation by the licensing
5.4board of the state or jurisdiction in which the conduct that caused the suspension or
5.5revocation occurred.
5.6    (g) The applicant must not have engaged in conduct warranting disciplinary action
5.7against a licensee, or have been subject to disciplinary action other than as specified in
5.8paragraph (f). If an applicant does not satisfy the requirements stated in this paragraph,
5.9the board may issue a license only on the applicant's showing that the public will be
5.10protected through issuance of a license with conditions or limitations the board considers
5.11appropriate.
5.12EFFECTIVE DATE.This section is effective the day following final enactment.

5.13    Sec. 8. Minnesota Statutes 2006, section 147A.27, subdivision 2, is amended to read:
5.14    Subd. 2. Organization. The council shall be organized and administered under
5.15section 15.059, except that the advisory council shall expire on June 30, 2007.

5.16    Sec. 9. Minnesota Statutes 2006, section 147B.05, subdivision 2, is amended to read:
5.17    Subd. 2. Administration; compensation; removal; quorum. The advisory council
5.18is governed by section 15.059, except that the council does not expire until June 30, 2007.

5.19    Sec. 10. Minnesota Statutes 2006, section 147C.35, subdivision 2, is amended to read:
5.20    Subd. 2. Organization. The advisory council shall be organized and administered
5.21under section 15.059. The council expires June 30, 2007.

5.22    Sec. 11. Minnesota Statutes 2006, section 147D.25, subdivision 2, is amended to read:
5.23    Subd. 2. Organization. The advisory council shall be organized and administered
5.24under section 15.059. The council expires June 30, 2007.

5.25    Sec. 12. Minnesota Statutes 2006, section 148.515, subdivision 2, is amended to read:
5.26    Subd. 2. Master's or doctoral degree required for speech-language pathology
5.27applicants. (a) An applicant for speech-language pathology must possess a master's or
5.28doctoral degree that meets the requirements of paragraph (b). If completing a doctoral
5.29program in which a master's degree has not been conferred, an applicant must submit a
5.30transcript showing or letter from the academic department chair evidencing completion of
5.31course work equivalent to, or exceeding, a master's degree that meets the requirement of
5.32paragraph (b).
5.33    (b) All of the speech-language pathology applicant's graduate coursework and
5.34clinical practicum required in the professional area for which licensure is sought must
6.1have been initiated and completed at an institution whose program meets the current
6.2requirements and was accredited by the Educational Standards Board of the Council
6.3on Academic Accreditation in Audiology and Speech-Language Pathology, a body
6.4recognized by the United States Department of Education, or an equivalent as determined
6.5by the commissioner, in the area for which licensure is sought.

6.6    Sec. 13. Minnesota Statutes 2006, section 148.515, is amended by adding a subdivision
6.7to read:
6.8    Subd. 2a. Master's or doctoral degree required for audiology applicants. An
6.9applicant for audiology must possess a master's degree or doctoral degree that meets the
6.10following requirements:
6.11(1) if graduate training is completed prior to August 30, 2007, an audiology applicant
6.12must possess a master's or doctoral degree in audiology from an accredited educational
6.13institution; or
6.14(2) if graduate training is completed after August 30, 2007, an audiology applicant
6.15must possess a doctoral degree with an emphasis in audiology, or its equivalent as
6.16determined by the commissioner, from an accredited educational institution.

6.17    Sec. 14. Minnesota Statutes 2006, section 148.65, subdivision 2, is amended to read:
6.18    Subd. 2. Physical therapist. "Physical therapist" means a person, licensed by the
6.19board, who practices physical therapy as defined in sections 148.65 to 148.78.

6.20    Sec. 15. Minnesota Statutes 2006, section 148.65, subdivision 3, is amended to read:
6.21    Subd. 3. Physical therapist assistant. "Physical therapist assistant" means
6.22a graduate of a physical therapist assistant educational program accredited by the
6.23Commission on Accreditation in Physical Therapy Education (CAPTE) or a recognized
6.24comparable national accrediting agency approved by the board. The physical therapist
6.25assistant, person, licensed by the board, who provides physical therapy under the
6.26direction and supervision of the a physical therapist, and who performs physical therapy
6.27interventions and assists with coordination, communication, and documentation;, and
6.28patient-client-related instruction. The physical therapist is not required to be on-site
6.29except as required under Minnesota Rules, part 5601.1500, but must be easily available
6.30by telecommunications.

6.31    Sec. 16. Minnesota Statutes 2006, section 148.65, is amended by adding a subdivision
6.32to read:
6.33    Subd. 8. Licensee. "Licensee" means a person licensed as a physical therapist
6.34or a physical therapist assistant.

6.35    Sec. 17. Minnesota Statutes 2006, section 148.67, subdivision 1, is amended to read:
7.1    Subdivision 1. Board of Physical Therapy appointed. The governor shall appoint
7.2a state Board of Physical Therapy to administer sections 148.65 to 148.78, regarding the
7.3qualifications and examination of physical therapists and physical therapist assistants. The
7.4board shall consist of nine members, citizens and residents of the state of Minnesota,
7.5composed of four five physical therapists, one licensed and registered doctor of medicine,
7.6one two physical therapy assistant therapist assistants and three public members. The four
7.7physical therapist members and the physical therapist assistant members must be licensed
7.8physical therapists in this state. Each of the four physical therapist members must and have
7.9at least five years' experience in physical therapy practice, physical therapy administration,
7.10or physical therapy education. The five years' experience must immediately precede
7.11appointment. Membership terms, compensation of members, removal of members,
7.12filling of membership vacancies, and fiscal year and reporting requirements shall be as
7.13provided in sections 214.07 to 214.09. The provision of staff, administrative services, and
7.14office space; the review and processing of complaints; the setting of board fees; and
7.15other provisions relating to board operations shall be as provided in chapter 214. Each
7.16member of the board shall file with the secretary of state the constitutional oath of office
7.17before beginning the term of office.

7.18    Sec. 18. Minnesota Statutes 2006, section 148.70, is amended to read:
7.19148.70 APPLICANTS, QUALIFICATIONS.
7.20    The Board of Physical Therapy must:
7.21    (1) establish the qualifications of applicants for licensing and continuing education
7.22requirements for relicensing renewal of licensure;
7.23    (2) provide for and conduct all examinations following satisfactory completion of
7.24all didactic requirements;
7.25    (3) determine the applicants who successfully pass the examination; and
7.26    (4) duly license an applicant after the applicant has presented evidence satisfactory
7.27to the board that the applicant has completed an accredited physical therapy educational
7.28program of education or continuing education approved by the board met all requirements
7.29for licensure as a physical therapist or physical therapist assistant.
7.30    The passing score for examinations taken after July 1, 1995, shall be based on
7.31objective, numerical standards, as established by a nationally recognized board approved
7.32testing service.

7.33    Sec. 19. Minnesota Statutes 2006, section 148.705, is amended to read:
7.34148.705 APPLICATION.
7.35    Subdivision 1. Form; fee. An applicant for licensing licensure as a physical
7.36therapist or physical therapist assistant shall file submit a written application on forms
8.1provided by the board together with a the appropriate fee in the amount set by the board.
8.2No portion of the fee is refundable. No applicant will be approved to sit for the national
8.3examination until the application is complete, as determined by the board.
8.4    An approved program for physical therapists shall include the following:
8.5    (1) a minimum of 60 academic semester credits or its equivalent from an accredited
8.6college, including courses in the biological and physical sciences; and
8.7    (2) an accredited course in physical therapy education which has provided adequate
8.8instruction in the basic sciences, clinical sciences, and physical therapy theory and
8.9procedures, as determined by the board. In determining whether or not a course in physical
8.10therapy is approved, the board may take into consideration the accreditation of such
8.11schools by the appropriate council of the American Medical Association, the American
8.12Physical Therapy Association, or the Canadian Medical Association.
8.13    Subd. 2. Contents of application. (a) The application must include the following
8.14information:
8.15    (1) evidence satisfactory to the board that the applicant has met the educational
8.16requirements of section 148.721 or 148.722 as demonstrated by a certified copy of a
8.17transcript;
8.18    (2) recommendations by two physical therapists registered or licensed to practice
8.19physical therapy in the United States or Canada attesting to the applicant's ethical and
8.20moral character;
8.21    (3) a recent full-face photograph of the applicant attached to the application with the
8.22affidavit on the form completed and notarized;
8.23    (4) a record of the applicant's high school, college, and board-approved physical
8.24therapy school education listing the names, locations, dates of attendance, and diplomas,
8.25degrees, or certificates awarded;
8.26    (5) a record of the applicant's postgraduate work and military service;
8.27    (6) a listing of the United States jurisdictions, and countries in which the applicant is
8.28currently licensed or registered, or has been in the past, including the applicant's license or
8.29registration certificate number, the date the license or registration was obtained, and the
8.30method by which the license or registration was received;
8.31    (7) a record of the applicant's current and previous physical therapy practice
8.32experience;
8.33    (8) a record of disciplinary action taken on past complaints, refusal of licensure or
8.34registration, or denial of examination eligibility by another state board or physical therapy
8.35society against the applicant;
9.1    (9) a record of the applicant's personal use or administration of any controlled
9.2substances and any treatment for alcohol or drug abuse;
9.3    (10) a record by the applicant of any disease, illness, or injury that impairs the
9.4applicant's ability to practice physical therapy;
9.5    (11) a record of any convictions for crimes related to the practice of physical therapy,
9.6felonies, gross misdemeanors, and crimes involving moral turpitude;
9.7    (12) a listing of any memberships in a physical therapy professional association;
9.8    (13) the applicant's name and address;
9.9    (14) the applicant's Social Security number, alien registration card number, or tax
9.10identification number, whichever is applicable;
9.11    (15) completed copies of credentials verification forms provided by the board; and
9.12    (16) any information deemed necessary by the board to evaluate the applicant.
9.13    (b) A person who has previously practiced in another state shall submit the following
9.14information for the five-year period of active practice preceding the date of filing
9.15application in this state:
9.16    (1) the name and address of the person's professional liability insurer in the other
9.17state; and
9.18    (2) the number, date, and disposition of any malpractice settlement or award made
9.19to a plaintiff relating to the quality of services provided.

9.20    Sec. 20. Minnesota Statutes 2006, section 148.706, is amended to read:
9.21148.706 SUPERVISION OF PHYSICAL THERAPIST ASSISTANTS, AIDES,
9.22AND STUDENTS.
9.23    Subdivision 1. Supervision. Every physical therapist who uses the services of a
9.24physical therapist assistant or physical therapy aide for the purpose of assisting in the
9.25practice of physical therapy is responsible for functions performed by the assistant or
9.26aide while engaged in such assistance. The physical therapist shall delegate duties to the
9.27physical therapist assistant and assign tasks to the physical therapy aide in accordance
9.28with Minnesota Rules, part 5601.1400 subdivision 2. Physical therapists who instruct
9.29student physical therapists and student physical therapist assistants are responsible for the
9.30functions performed by the students and shall supervise the students as provided under
9.31section 148.65, subdivisions 5 and 6. A licensed physical therapist may supervise no more
9.32than two physical therapist assistants at any time.
9.33    Subd. 2. Delegation of duties. The physical therapist may delegate patient
9.34treatment procedures only to a physical therapist assistant who has sufficient didactic and
9.35clinical preparation. The physical therapist may not delegate the following activities to the
10.1physical therapist assistant or to other supportive personnel: patient evaluation, treatment
10.2planning, initial treatment, change of treatment, and initial or final documentation.
10.3    Subd. 3. Observation of physical therapist assistants. When components of a
10.4patient's treatment are delegated to a physical therapist assistant, a physical therapist must
10.5provide on-site observation of the treatment and documentation of its appropriateness at
10.6least every six treatment sessions. The physical therapist is not required to be on-site, but
10.7must be easily available by telecommunications.
10.8    Subd. 4. Observation of physical therapy aides. The physical therapist must
10.9observe the patient's status before and after the treatment administered by a physical
10.10therapy aide. The physical therapy aide may perform tasks related to preparation of patient
10.11and equipment for treatment, housekeeping, transportation, clerical duties, departmental
10.12maintenance, and selected treatment procedures. The tasks must be performed under the
10.13direct supervision of a physical therapist who is readily available for advice, instruction,
10.14or immediate assistance.

10.15    Sec. 21. Minnesota Statutes 2006, section 148.71, is amended to read:
10.16148.71 LICENSING TEMPORARY PERMITS.
10.17    Subdivision 1. Qualified applicant. The state Board of Physical Therapy shall
10.18license as a physical therapist and shall furnish a license to an applicant who successfully
10.19passes an examination provided for in sections 148.65 to 148.78 for licensing as a physical
10.20therapist and who is otherwise qualified as required in sections 148.65 to 148.78.
10.21    Subd. 2. Temporary permit Issuance. (a) The board may, upon completion of
10.22the application prescribed by the board and payment of a fee set by the board, issue a
10.23temporary permit to practice physical therapy under supervision to a physical therapist
10.24who is a graduate of an approved school of physical therapy an applicant for licensure as a
10.25physical therapist or physical therapist assistant who meets the educational requirements
10.26of section 148.701 or 148.702 and qualified for admission to examination for licensing as
10.27a physical therapist or physical therapist assistant. A temporary permit to practice physical
10.28therapy under supervision may be issued only once and cannot be renewed. It expires 90
10.29days after the next examination for licensing given by the board or on the date on which
10.30the board, after examination of the applicant, grants or denies the applicant a license to
10.31practice, whichever occurs first. A temporary permit expires on the first day the board
10.32begins its next examination for license after the permit is issued if the holder does not
10.33submit to examination on that date. The holder of a temporary permit to practice physical
10.34therapy under supervision may practice physical therapy as defined in section 148.65 if
11.1the entire practice is under the supervision of a person holding a valid license to practice
11.2physical therapy in this state. The supervision shall be direct, immediate, and on premises.
11.3    (b) A physical therapist An applicant from another state who is licensed or otherwise
11.4registered in good standing as a physical therapist by that state and meets the requirements
11.5for licensing under section 148.72 does not require supervision to practice physical therapy
11.6while holding a temporary permit in this state. The temporary permit remains valid only
11.7until the meeting of the board at which the application for licensing is considered.
11.8    Subd. 3. Foreign-trained Foreign-educated physical therapists; temporary
11.9permits. (a) The Board of Physical Therapy may issue a temporary permit to a
11.10foreign-trained foreign-educated physical therapist who:
11.11    (1) is enrolled in a supervised physical therapy traineeship that meets the
11.12requirements under paragraph (b);
11.13    (2) has completed a physical therapy education program equivalent to that under
11.14section 148.705 and Minnesota Rules, part 5601.0800, subpart 2 148.701, and has
11.15provided to the board a Foreign Credentialing Commission on Physical Therapy
11.16(FCCPT) comprehensive credentials evaluation (Type I certificate) or FCCPT educational
11.17credentials review demonstrating completion of the program;
11.18    (3) has achieved a passing score of at least 550 pursuant to section 148.735,
11.19subdivision 3, on the test of English as a foreign language or a score of at least 85 on
11.20the Minnesota battery test an alternate equivalent examination, as determined by the
11.21board; and
11.22    (4) has paid a nonrefundable fee set by the board.
11.23    A foreign-trained foreign-educated physical therapist must have the temporary
11.24permit before beginning a traineeship.
11.25    (b) A supervised physical therapy traineeship must:
11.26    (1) be at least six months;
11.27    (2) be at a board-approved facility;
11.28    (3) provide a broad base of clinical experience to the foreign-trained foreign-educated
11.29physical therapist including a variety of physical agents, therapeutic exercises, evaluation
11.30procedures, and patient diagnoses;
11.31    (4) be supervised by a physical therapist who has at least three years of clinical
11.32experience and is licensed under subdivision 1; and
11.33    (5) be approved by the board before the foreign-trained foreign-educated physical
11.34therapist begins the traineeship.
11.35    (c) A temporary permit is effective on the first day of a traineeship and expires 90
11.36days after the next examination for licensing given by the board following successful
12.1completion of the traineeship or on the date on which the board, after examination of the
12.2applicant, grants or denies the applicant a license to practice, whichever occurs first.
12.3    (d) A foreign-trained foreign-educated physical therapist must successfully complete
12.4a traineeship to be licensed as a physical therapist under subdivision 1. The traineeship
12.5may be waived for a foreign-trained foreign-educated physical therapist who is licensed
12.6or otherwise registered in good standing in another state and has successfully practiced
12.7physical therapy in that state under the supervision of a licensed or registered physical
12.8therapist for at least six months at a facility that meets the requirements under paragraph
12.9(b), clauses (2) and (3).
12.10    (e) A temporary permit will not be issued to a foreign-trained foreign-educated
12.11applicant who has been issued a temporary permit for longer than six months in any
12.12other state.

12.13    Sec. 22. [148.721] EDUCATIONAL REQUIREMENTS FOR LICENSED
12.14PHYSICAL THERAPIST.
12.15    Subdivision 1. Accredited program. All applicants for licensure as a physical
12.16therapist must complete a course in physical therapy education accredited by the
12.17Commission on Accreditation in Physical Therapy Education (CAPTE) or which meets
12.18the accreditation requirements of CAPTE, as determined by the board.
12.19    Subd. 2. General education. In addition to completion of the accredited program
12.20required in subdivision 1, applicants must complete an additional 60 academic semester
12.21credits or its quarter equivalent from an institution of higher education that is accredited
12.22by a regional accrediting organization. Coursework used to satisfy this requirement may
12.23not have been earned as part of the accredited program requirement of subdivision 1.

12.24    Sec. 23. [148.722] EDUCATIONAL REQUIREMENTS FOR LICENSED
12.25PHYSICAL THERAPIST ASSISTANT.
12.26    All applicants for licensure as a physical therapist assistant must graduate from
12.27a physical therapist assistant educational program accredited by the Commission
12.28on Accreditation in Physical Therapy Education (CAPTE) or meet its standards, as
12.29determined by the board.

12.30    Sec. 24. [148.723] EXAMINATION FOR LICENSED PHYSICAL THERAPIST.
12.31    Subdivision 1. National test. All applicants for licensure as a physical therapist
12.32must take and pass the National Physical Therapy Examination (NPTE) administered by
12.33the Federation of State Boards of Physical Therapy (FSBPT) or an alternate national
12.34examination determined by the board to be equivalent. For purposes of this section,
12.35passing scores are defined in subdivisions 2 and 3.
13.1    Subd. 2. Examinations taken on or before July 1, 1995. The passing score for
13.2qualifying examinations taken prior to July 1, 1995, is one standard deviation below the
13.3mean of all persons taking the examination.
13.4    Subd. 3. Examinations taken after July 1, 1995. The passing score for qualifying
13.5examinations taken after July 1, 1995, shall be based on objective, numerical standards
13.6established by the administering testing agency.

13.7    Sec. 25. [148.724] EXAMINATION FOR LICENSED PHYSICAL THERAPIST
13.8ASSISTANT.
13.9    Subdivision 1. National test. All applicants for licensure as a physical therapist
13.10assistant must take and pass the National Physical Therapy Examination (NPTE) for
13.11physical therapist assistants administered by the Federation of State Boards of Physical
13.12Therapy (FSBPT) or an alternate national examination determined by the board to be
13.13equivalent. For purposes of this section, passing scores are defined in subdivisions 1 to 3.
13.14    Subd. 2. Examinations taken on or before July 1, 1995. The passing score for
13.15qualifying examinations taken prior to July 1, 1995, is one standard deviation below the
13.16mean of all persons taking the examination.
13.17    Subd. 3. Examinations taken after July 1, 1995. The passing score for qualifying
13.18examinations taken after July 1, 1995, shall be based on objective, numerical standards
13.19established by the administering testing agency.
13.20    Subd. 4. Grandparenting provision. Applicants for licensure as a physical
13.21therapist assistant who meet the educational requirements of section 148.722 prior to
13.22September 1, 2007, are not required to take and pass the examination required by this
13.23section. This provision expires on July 1, 2008.

13.24    Sec. 26. [148.725] REQUIREMENTS FOR FOREIGN-EDUCATED
13.25APPLICANTS.
13.26    Subdivision 1. Scope and documentation. An applicant for licensure who is a
13.27foreign-educated physical therapist must fulfill the requirements in subdivisions 2 to 5,
13.28providing certified English translations of board-required relevant documentation.
13.29    Subd. 2. Education evaluation. The applicant must present evidence of completion
13.30of physical therapy schooling equivalent to that required in section 148.721 by having a
13.31Type I comprehensive credentials evaluation or educational credentials review performed
13.32by the Foreign Credentialing Commission on Physical Therapy (FCCPT). The evaluation
13.33must be sent directly to the board from the FCCPT. The applicant shall be responsible for
13.34the expenses incurred as a result of the evaluation.
14.1    Subd. 3. English test. If not completed as part of the FCCPT Type I comprehensive
14.2credentials evaluation, the applicant must demonstrate English language proficiency by
14.3taking the test of English as a foreign language examination (TOEFL) and achieving a
14.4passing score as established by the board, or a passing score on a comparable nationally
14.5recognized examination approved by the board. For purposes of this subdivision, the
14.6passing score adopted by the board shall be applied prospectively.
14.7    Subd. 4. Experience. The applicant must have practiced satisfactorily for at least
14.8six months under the supervision of a licensed physical therapist at a board-approved
14.9facility. A facility that offers such practice must provide a broad base of experience
14.10including a variety of physical agents, therapeutic exercises, evaluation procedures, and
14.11patient diagnoses. Supervision must be provided by a licensed physical therapist with at
14.12least three years of clinical experience. A proposed outline of clinical experiences must be
14.13approved by the board before the facility begins offering the experience.
14.14    Subd. 5. Examination. The applicant must satisfactorily complete the
14.15board-approved examination as stated in section 148.72 or 148.73.

14.16    Sec. 27. Minnesota Statutes 2006, section 148.73, is amended to read:
14.17148.73 RENEWALS.
14.18    Every licensed physical therapist and physical therapist assistant shall, during each
14.19January before January 1 each year, apply to the board for an extension of a license and
14.20pay a fee in the amount set by the board. The extension of the license is contingent
14.21upon demonstration that the continuing education requirements set by the board under
14.22section 148.70 have been satisfied. For purposes of this section, the continuing education
14.23requirements for physical therapist assistants are the same as those for physical therapists.

14.24    Sec. 28. Minnesota Statutes 2006, section 148.735, is amended to read:
14.25148.735 CANCELLATION OF LICENSE IN GOOD STANDING.
14.26    Subdivision 1. Board approval; reporting. A physical therapist or physical
14.27therapist assistant holding an active license to practice physical therapy in the state may,
14.28upon approval of the board, be granted license cancellation if the board is not investigating
14.29the person as a result of a complaint or information received or if the board has not begun
14.30disciplinary proceedings against the person. Such action by the board shall be reported as
14.31a cancellation of a license in good standing.
14.32    Subd. 2. Fees nonrefundable. A physical therapist or physical therapist assistant
14.33who receives board approval for license cancellation is not entitled to a refund of any
14.34license fees paid for the licensure year in which cancellation of the license occurred.
15.1    Subd. 3. New license after cancellation. If a physical therapist or physical therapist
15.2assistant who has been granted board approval for license cancellation desires to resume
15.3the practice of physical therapy in Minnesota, that physical therapist or physical therapist
15.4assistant must obtain a new license by applying for licensure and fulfilling the requirements
15.5then in existence for obtaining an initial license to practice physical therapy in Minnesota.

15.6    Sec. 29. Minnesota Statutes 2006, section 148.736, subdivision 1, is amended to read:
15.7    Subdivision 1. Board approval; reporting. A physical therapist or physical
15.8therapist assistant, whose right to practice is under suspension, condition, limitation,
15.9qualification, or restriction by the board may be granted cancellation of credentials by
15.10approval of the board. Such action by the board shall be reported as cancellation while
15.11under discipline. Credentials, for purposes of this section, means board authorized
15.12documentation of the privilege to practice physical therapy.

15.13    Sec. 30. Minnesota Statutes 2006, section 148.74, is amended to read:
15.14148.74 RULES.
15.15    The board may adopt rules needed to carry out sections 148.65 to 148.78. The
15.16secretary-treasurer of the board shall keep a record of proceedings under these sections
15.17and a register of all persons licensed under it. The register shall show the name, address,
15.18date and number of the license, and the renewal of the license. Any other interested
15.19person in the state may obtain a copy of the list on request to the board upon paying an
15.20amount fixed by the board. The amount shall not exceed the cost of the list furnished. The
15.21board shall provide blanks, books, certificates, and stationery and assistance necessary to
15.22transact business of the board. All money received by the board under sections 148.65 to
15.23148.78 shall be paid into the state treasury as provided for by law. The board shall set by
15.24rule the amounts of the application fee and the annual licensing fee. The fees collected by
15.25the board must be sufficient to cover the costs of administering sections 148.65 to 148.78.

15.26    Sec. 31. Minnesota Statutes 2006, section 148.75, is amended to read:
15.27148.75 LICENSES; DENIAL, SUSPENSION, REVOCATION DISCIPLINARY
15.28ACTION.
15.29    (a) The state board of Physical Therapy may refuse to grant a license to any physical
15.30therapist, or may suspend or revoke the license of any physical therapist for any of the
15.31following grounds may impose disciplinary action specified in paragraph (b) against an
15.32applicant or licensee whom the board, by a preponderance of the evidence, determines:
15.33    (1) using drugs or intoxicating liquors to an extent which affects professional
15.34competence;
15.35    (2) conviction of a felony;
16.1    (1) has violated a statute, rule, order, or agreement for corrective action that the
16.2board issued or is otherwise authorized or empowered to enforce;
16.3    (2) is unable to practice physical therapy with reasonable skill and safety by reason
16.4of any mental or physical illness or condition, including deterioration through the aging
16.5process or loss of motor skills, or use of alcohol, drugs, narcotics, chemicals, or any
16.6other type of material;
16.7    (3) has been convicted of or has pled guilty or nolo contendere to a felony or other
16.8crime, an element of which is dishonesty or fraud, or has been shown to have engaged
16.9in acts or practices tending to show that the applicant or licensee is incompetent or has
16.10engaged in conduct reflecting adversely on the applicant's or licensee's ability or fitness to
16.11engage in the practice of physical therapy;
16.12    (3) conviction (4) has been convicted for violating any state or federal narcotic law;
16.13    (4) obtaining (5) has obtained or attempted to obtain a license or attempting to
16.14obtain a license, approval of continuing education activities, or passed an examination, by
16.15fraud or deception;
16.16    (5) conduct unbecoming a person licensed as a physical therapist or conduct
16.17detrimental to the best interests of the public;
16.18    (6) has engaged in unprofessional conduct or any other conduct which has the
16.19potential for causing harm to the public, including any departure from or failure to
16.20conform to the minimum standards of acceptable and prevailing practice without actual
16.21injury having to be established;
16.22    (6) (7) has engaged in gross negligence in the practice of physical therapy as a
16.23physical therapist;
16.24    (7) treating (8) has treated human ailments by physical therapy after an initial 30-day
16.25period of patient admittance to treatment has lapsed, except by the order or referral of a
16.26person licensed in this state in the practice of medicine as defined in section 147.081, the
16.27practice of chiropractic as defined in section 148.01, the practice of podiatry as defined
16.28in section 153.01, or the practice of dentistry as defined in section 150A.05 and whose
16.29license is in good standing; or when a previous diagnosis exists indicating an ongoing
16.30condition warranting physical therapy treatment, subject to periodic review defined by
16.31board of physical therapy rule;
16.32    (8) treating (9) has treated human ailments, without referral, by physical therapy
16.33treatment without first having practiced one year under a physician's orders as verified by
16.34the board's records;
16.35    (9) failing (10) has failed to consult with the patient's health care provider who
16.36prescribed the physical therapy treatment if the treatment is altered by the physical
17.1therapist from the original written order. The provision does not include written orders to
17.2"evaluate and treat";
17.3    (10) treating human ailments other than by physical therapy unless duly licensed or
17.4registered to do so under the laws of this state;
17.5    (11) inappropriate delegation has inappropriately delegated to a physical therapist
17.6assistant or inappropriate task assignment inappropriately assigned tasks to an aide, or
17.7inadequate supervision of inadequately supervised a student physical therapist, physical
17.8therapist assistant, student physical therapist assistant, or a physical therapy aide;
17.9    (12) practicing has practiced as a physical therapist performing medical diagnosis,
17.10the practice of medicine as defined in section 147.081, or the practice of chiropractic as
17.11defined in section 148.01;
17.12    (13) failing has failed to comply with a reasonable request to obtain appropriate
17.13clearance for mental or physical conditions that would interfere with the ability to practice
17.14physical therapy, and that may be potentially harmful to patients;
17.15    (14) dividing has divided fees with, or paying or promising to pay a commission or
17.16part of the fee to, any person who contacts the physical therapist for consultation or sends
17.17patients to the physical therapist for treatment;
17.18    (15) engaging has engaged in an incentive payment arrangement, other than that
17.19prohibited by clause (14), that tends to promote physical therapy overuse, that allows the
17.20referring person or person who controls the availability of physical therapy services to a
17.21client to profit unreasonably as a result of patient treatment;
17.22    (16) practicing physical therapy and failing has failed to refer to a licensed health
17.23care professional a patient whose medical condition at the time of evaluation has been
17.24determined by the physical therapist to be beyond the scope of practice of a physical
17.25therapist;
17.26    (17) failing has failed to report to the board other licensed physical therapists
17.27licensees who violate this section; and
17.28    (18) practicing has engaged in the practice of physical therapy under lapsed or
17.29nonrenewed credentials.;
17.30    (19) has had a license, certificate, charter, registration, privilege to take an
17.31examination, or other similar authority denied, revoked, suspended, canceled, limited,
17.32reprimanded, or otherwise disciplined, or not renewed for cause in any jurisdiction; or has
17.33surrendered or voluntarily terminated a license or certificate during a board investigation
17.34of a complaint, as part of a disciplinary order, or while under a disciplinary order;
17.35    (20) has been subject to a corrective action or similar action in another jurisdiction
17.36or by another regulatory authority; or
18.1    (21) has failed to cooperate with an investigation of the board, including responding
18.2fully and promptly to any question raised by or on behalf of the board relating to the
18.3subject of the investigation, executing all releases requested by the board, providing copies
18.4of patient records, as reasonably requested by the board to assist it in its investigation, and
18.5appearing at conferences or hearings scheduled by the board or its staff.
18.6    (b) If grounds for disciplinary action exist under paragraph (a), the board may take
18.7one or more of the following actions:
18.8    (1) deny the application for licensure;
18.9    (2) deny the renewal of the license;
18.10    (3) revoke the license;
18.11    (4) suspend the license;
18.12    (5) impose limitations or conditions on the licensee's practice of physical therapy,
18.13including the: (i) limitation of scope of practice to designated field specialties; (ii)
18.14imposition of retraining or rehabilitation requirements; (iii) requirement of practice under
18.15supervision; or (iv) conditioning of continued practice on demonstration of knowledge or
18.16skills by appropriate examination, monitoring, or other review of skill and competence;
18.17    (6) impose a civil penalty not to exceed $10,000 for each separate violation,
18.18the amount of the civil penalty to be fixed so as to deprive the physical therapist of
18.19any economic advantage gained by reason of the violation charged, to discourage
18.20similar violations, or to reimburse the board for the cost of the investigation and
18.21proceeding including, but not limited to, fees paid for services provided by the Office of
18.22Administrative Hearings, legal and investigative services provided by the Office of the
18.23Attorney General, court reporters, witnesses, reproduction of records, board members'
18.24per diem compensation, board staff time, and travel costs and expenses incurred by board
18.25staff and board members;
18.26    (7) order the licensee to provide unremunerated service;
18.27    (8) censure or reprimand the licensee; or
18.28    (9) any other action as allowed by law and justified by the facts of the case.
18.29    (b) (c) A license to practice as a physical therapist or physical therapist assistant is
18.30automatically suspended if (1) a guardian of the physical therapist licensee is appointed
18.31by order of a court pursuant to sections 524.5-101 to 524.5-502, for reasons other than
18.32the minority of the physical therapist licensee; or (2) the physical therapist licensee is
18.33committed by order of a court pursuant to chapter 253B. The license remains suspended
18.34until the physical therapist licensee is restored to capacity by a court and, upon petition
18.35by the physical therapist licensee, the suspension is terminated by the Board of Physical
18.36Therapy after a hearing.

19.1    Sec. 32. Minnesota Statutes 2006, section 148.754, is amended to read:
19.2148.754 EXAMINATION; ACCESS TO MEDICAL DATA.
19.3    (a) If the board has probable cause to believe that a physical therapist licensee
19.4comes under section 148.75, paragraph (a), clause (2), it may direct the physical therapist
19.5licensee to submit to a mental or physical examination. For the purpose of this paragraph,
19.6every physical therapist licensee is deemed to have consented to submit to a mental or
19.7physical examination when directed in writing by the board and further to have waived
19.8all objections to the admissibility of the examining physicians' testimony or examination
19.9reports on the ground that they constitute a privileged communication. Failure of the
19.10physical therapist licensee to submit to an examination when directed constitutes an
19.11admission of the allegations against the person, unless the failure was due to circumstances
19.12beyond the person's control, in which case a default and final order may be entered without
19.13the taking of testimony or presentation of evidence. A physical therapist licensee affected
19.14under this paragraph shall, at reasonable intervals, be given an opportunity to demonstrate
19.15that the person can resume the competent practice of physical therapy with reasonable
19.16skill and safety to the public.
19.17    (b) In any proceeding under paragraph (a), neither the record of proceedings nor
19.18the orders entered by the board shall be used against a physical therapist licensee in any
19.19other proceeding.
19.20    (c) In addition to ordering a physical or mental examination, the board may,
19.21notwithstanding section 13.384, 144.651, or any other law limiting access to medical
19.22or other health data, obtain medical data and health records relating to a physical
19.23therapist licensee or applicant without the person's or applicant's consent if the board has
19.24probable cause to believe that a physical therapist the person comes under paragraph
19.25(a). The medical data may be requested from a provider, as defined in section 144.335,
19.26subdivision 1 , paragraph (b), an insurance company, or a government agency, including
19.27the Department of Human Services. A provider, insurance company, or government
19.28agency shall comply with any written request of the board under this paragraph and is
19.29not liable in any action for damages for releasing the data requested by the board if the
19.30data are released pursuant to a written request under this paragraph, unless the information
19.31is false and the provider giving the information knew, or had reason to believe, the
19.32information was false. Information obtained under this paragraph is classified as private
19.33under sections 13.01 to 13.87.

19.34    Sec. 33. Minnesota Statutes 2006, section 148.755, is amended to read:
19.35148.755 TEMPORARY SUSPENSION OF LICENSE.
20.1    In addition to any other remedy provided by law, the board may, without a hearing,
20.2temporarily suspend the license of a physical therapist licensee if the board finds that the
20.3physical therapist licensee has violated a statute or rule which the board is empowered to
20.4enforce and continued practice by the physical therapist licensee would create a serious
20.5risk of harm to the public. The suspension shall take effect upon written notice to the
20.6physical therapist licensee, specifying the statute or rule violated. The suspension shall
20.7remain in effect until the board issues a final order in the matter after a hearing. At the
20.8time it issues the suspension notice, the board shall schedule a disciplinary hearing to be
20.9held pursuant to the Administrative Procedure Act, chapter 14. The physical therapist
20.10licensee shall be provided with at least 20 days' notice of any hearing held pursuant to this
20.11section. The hearing shall be scheduled to begin no later than 30 days after the issuance
20.12of the suspension order.

20.13    Sec. 34. Minnesota Statutes 2006, section 148.76, subdivision 1, is amended to read:
20.14    Subdivision 1. Licensure required. No person shall:
20.15    (1) provide physical therapy unless the person is licensed as a physical therapist or
20.16physical therapist assistant under sections 148.65 to 148.78;
20.17    (2) use the title of physical therapist without a license as a physical therapist, or use
20.18the title physical therapist assistant without a license as a physical therapist assistant
20.19issued under sections 148.65 to 148.78;
20.20    (3) in any manner hold out as a physical therapist, or use in connection with the
20.21person's name the words or letters Physical Therapist, Physiotherapist, Physical Therapy
20.22Technician, Registered Physical Therapist, Licensed Physical Therapist, PT, PTT, RPT,
20.23LPT, or any letters, words, abbreviations or insignia indicating or implying that the person
20.24is a physical therapist, without a license as a physical therapist issued under sections
20.25148.65 to 148.78. To do so is a gross misdemeanor;
20.26    (4) in any manner hold out as a physical therapist assistant, or use in connection with
20.27the person's name the words or letters Physical Therapist Assistant, P.T.A., or any letters,
20.28words, abbreviations, or insignia indicating or implying that the person is a physical
20.29therapist assistant, without a license as a physical therapist assistant under sections 148.65
20.30to 148.78. To do so is a gross misdemeanor; or
20.31    (4) (5) employ fraud or deception in applying for or securing a license as a physical
20.32therapist or physical therapist assistant.
20.33    Nothing in sections 148.65 to 148.78 prohibits a person licensed or registered in this
20.34state under another law from carrying out the therapy or practice for which the person is
20.35duly licensed or registered.

20.36    Sec. 35. Minnesota Statutes 2006, section 148.78, is amended to read:
21.1148.78 PROSECUTION, ALLEGATIONS.
21.2    In the prosecution of any person for violation of sections 148.65 to 148.78 as
21.3specified in section 148.76, it shall not be necessary to allege or prove want of a valid
21.4license as a physical therapist or physical therapist assistant, but shall be a matter of
21.5defense to be established by the accused.

21.6    Sec. 36. [148.785] FEES.
21.7    The fees charged by the board are fixed at the following rates:
21.8    (1) application fee for physical therapists and physical therapist assistants, $100;
21.9    (2) annual licensure for physical therapists and physical therapist assistants, $60;
21.10    (3) licensure renewal late fee, $20;
21.11    (4) temporary permit, $25;
21.12    (5) duplicate license or registration, $20;
21.13    (6) certification letter, $25;
21.14    (7) education or training program approval, $100;
21.15    (8) report creation and generation, $60 per hour billed in quarter-hour increments
21.16with a quarter-hour minimum; and
21.17    (9) examination administration:
21.18    (i) half day, $50; and
21.19    (ii) full day, $80.

21.20    Sec. 37. Minnesota Statutes 2006, section 148D.050, subdivision 1, is amended to read:
21.21    Subdivision 1. Requirements. The practice of social work A person licensed under
21.22section 148D.055 or 148D.061 must comply with the requirements of subdivision 2,
21.233, 4, or 5.

21.24    Sec. 38. Minnesota Statutes 2006, section 148D.055, subdivision 2, is amended to read:
21.25    Subd. 2. Qualifications for licensure by examination as a licensed social worker.
21.26    (a) Except as provided in paragraph (i), To be licensed as a licensed social worker, an
21.27applicant for licensure by examination must provide evidence satisfactory to the board
21.28that the applicant:
21.29    (1) has received a baccalaureate degree in social work from a program accredited by
21.30the Council on Social Work Education, the Canadian Association of Schools of Social
21.31Work, or a similar accreditation body designated by the board;
21.32    (2) has passed the bachelors or equivalent examination administered by the
21.33Association of Social Work Boards or a similar examination body designated by the board.
21.34Unless an applicant applies for licensure by endorsement pursuant to subdivision 7, an
21.35examination is not valid if it was taken and passed eight or more years prior to submitting
22.1a completed, signed application form provided by the board. The examination may be
22.2taken prior to completing degree requirements;
22.3    (3) has submitted a completed, signed application form provided by the board,
22.4including the applicable application fee specified in section 148D.180. For applications
22.5submitted electronically, a "signed application" means providing an attestation as specified
22.6by the board;
22.7    (4) has submitted the criminal background check fee and a form provided by the
22.8board authorizing a criminal background check pursuant to subdivision 8;
22.9    (5) has paid the applicable license fee specified in section 148D.180; and
22.10    (6) has not engaged in conduct that was or would be in violation of the standards
22.11of practice specified in sections 148D.195 to 148D.240. If the applicant has engaged in
22.12conduct that was or would be in violation of the standards of practice, the board may take
22.13action pursuant to sections 148D.255 to 148D.270.
22.14    (b) An application that is not completed and signed, or that is not accompanied by the
22.15correct fee, must be returned to the applicant, along with any fee submitted, and is void.
22.16    (c) A licensee granted a license by the board pursuant to paragraph (a) must meet
22.17the supervised practice requirements specified in sections 148D.100 to 148D.125. If a
22.18licensee does not meet the supervised practice requirements, the board may take action
22.19pursuant to sections 148D.255 to 148D.270.
22.20    (d) By submitting an application for licensure, an applicant authorizes the board to
22.21investigate any information provided or requested in the application. The board may
22.22request that the applicant provide additional information, verification, or documentation.
22.23    (e) Within one year of the time the board receives an application for licensure, the
22.24applicant must meet all the requirements specified in paragraph (a) and must provide all of
22.25the information requested by the board pursuant to paragraph (d). If within one year the
22.26applicant does not meet all the requirements, or does not provide all of the information
22.27requested, the applicant is considered ineligible and the application for licensure must
22.28be closed.
22.29    (f) Except as provided in paragraph (g), an applicant may not take more than three
22.30times the bachelors or equivalent examination administered by the Association of Social
22.31Work Boards, or a similar examination body designated by the board. An applicant must
22.32receive a passing score on the bachelors or equivalent examination administered by the
22.33Association of Social Work Boards or a similar examination body designated by the board
22.34in no more than 18 months after the date the applicant first failed the examination.
22.35    (g) Notwithstanding paragraph (f), the board may allow an applicant to take, for a
22.36fourth or subsequent time, the bachelors or equivalent examination administered by the
23.1Association of Social Work Boards or a similar examination body designated by the
23.2board if the applicant:
23.3    (1) meets all requirements specified in paragraphs (a) to (e) other than passing the
23.4bachelors or equivalent examination administered by the Association of Social Work
23.5Boards or a similar examination body designated by the board;
23.6    (2) provides to the board a description of the efforts the applicant has made to
23.7improve the applicant's score and demonstrates to the board's satisfaction that the efforts
23.8are likely to improve the score; and
23.9    (3) provides to the board letters of recommendation from two licensed social workers
23.10attesting to the applicant's ability to practice social work competently and ethically in
23.11accordance with professional social work knowledge, skills, and values.
23.12    (h) An individual must not practice social work until the individual passes the
23.13examination and receives a social work license under this section or section 148D.060. If
23.14the board has reason to believe that an applicant may be practicing social work without a
23.15license, and the applicant has failed the bachelors or equivalent examination administered
23.16by the Association of Social Work Boards or a similar examination body designated by
23.17the board, the board may notify the applicant's employer that the applicant is not licensed
23.18as a social worker.
23.19    (i) An applicant who was born in a foreign country, who has taken and failed to
23.20pass the examination specified in paragraph (a), clause (2), at least once since January
23.211, 2000, and for whom English is a second language, is eligible for licensure as a social
23.22worker if the applicant:
23.23    (1) provides evidence to the board of compliance with the requirements in paragraph
23.24(a), clauses (1) and (3) to (6), and in paragraphs (b) to (e) and (h); and
23.25    (2) provides to the board letters of recommendation and experience ratings from two
23.26licensed social workers and one professor from the applicant's social work program who
23.27can attest to the applicant's competence.
23.28This paragraph expires August 1, 2007.

23.29    Sec. 39. Minnesota Statutes 2006, section 148D.055, subdivision 3, is amended to read:
23.30    Subd. 3. Qualifications for licensure by examination as licensed graduate
23.31social worker. (a) Except as provided in paragraph (i), To be licensed as a licensed
23.32graduate social worker, an applicant for licensure by examination must provide evidence
23.33satisfactory to the board that the applicant:
23.34    (1) has received a graduate degree in social work from a program accredited by the
23.35Council on Social Work Education, the Canadian Association of Schools of Social Work,
23.36or a similar accreditation body designated by the board;
24.1    (2) has passed the masters or equivalent examination administered by the Association
24.2of Social Work Boards or a similar examination body designated by the board. Unless an
24.3applicant applies for licensure by endorsement pursuant to section 148D.055, subdivision
24.47 , an examination is not valid if it was taken and passed eight or more years prior to
24.5submitting a completed, signed application form provided by the board. The examination
24.6may be taken prior to completing degree requirements;
24.7    (3) has submitted a completed, signed application form provided by the board,
24.8including the applicable application fee specified in section 148D.180. For applications
24.9submitted electronically, a "signed application" means providing an attestation as specified
24.10by the board;
24.11    (4) has submitted the criminal background check fee and a form provided by the
24.12board authorizing a criminal background check pursuant to subdivision 8;
24.13    (5) has paid the applicable license fee specified in section 148D.180; and
24.14    (6) has not engaged in conduct that was or would be in violation of the standards
24.15of practice specified in sections 148D.195 to 148D.240. If the applicant has engaged in
24.16conduct that was or would be in violation of the standards of practice, the board may take
24.17action pursuant to sections 148D.255 to 148D.270.
24.18    (b) An application which is not completed and signed, or which is not accompanied
24.19by the correct fee, must be returned to the applicant, along with any fee submitted, and is
24.20void.
24.21    (c) A licensee granted a license by the board pursuant to paragraph (a) must meet
24.22the supervised practice requirements specified in sections 148D.100 to 148D.125. If a
24.23licensee does not meet the supervised practice requirements, the board may take action
24.24pursuant to sections 148D.255 to 148D.270.
24.25    (d) By submitting an application for licensure, an applicant authorizes the board to
24.26investigate any information provided or requested in the application. The board may
24.27request that the applicant provide additional information, verification, or documentation.
24.28    (e) Within one year of the time the board receives an application for licensure, the
24.29applicant must meet all the requirements specified in paragraph (a) and must provide all of
24.30the information requested by the board pursuant to paragraph (d). If within one year the
24.31applicant does not meet all the requirements, or does not provide all of the information
24.32requested, the applicant is considered ineligible and the application for licensure must
24.33be closed.
24.34    (f) Except as provided in paragraph (g), an applicant may not take more than three
24.35times the masters or equivalent examination administered by the Association of Social
24.36Work Boards or a similar examination body designated by the board. An applicant must
25.1receive a passing score on the masters or equivalent examination administered by the
25.2Association of Social Work Boards or a similar examination body designated by the board
25.3in no more than 18 months after the date the applicant first failed the examination.
25.4    (g) Notwithstanding paragraph (f), the board may allow an applicant to take, for a
25.5fourth or subsequent time, the masters or equivalent examination administered by the
25.6Association of Social Work Boards or a similar examination body designated by the
25.7board if the applicant:
25.8    (1) meets all requirements specified in paragraphs (a) to (e) other than passing the
25.9masters or equivalent examination administered by the Association of Social Work boards
25.10or a similar examination body designated by the board;
25.11    (2) provides to the board a description of the efforts the applicant has made to
25.12improve the applicant's score and demonstrates to the board's satisfaction that the efforts
25.13are likely to improve the score; and
25.14    (3) provides to the board letters of recommendation from two licensed social workers
25.15attesting to the applicant's ability to practice social work competently and ethically in
25.16accordance with professional social work knowledge, skills, and values.
25.17    (h) An individual must not practice social work until the individual passes the
25.18examination and receives a social work license under this section or section 148D.060. If
25.19the board has reason to believe that an applicant may be practicing social work without a
25.20license, and the applicant has failed the masters or equivalent examination administered
25.21by the Association of Social Work Boards or a similar examination body designated by
25.22the board, the board may notify the applicant's employer that the applicant is not licensed
25.23as a social worker.
25.24    (i) An applicant who was born in a foreign country, who has taken and failed to
25.25pass the examination specified in paragraph (a), clause (2), at least once since January
25.261, 2000, and for whom English is a second language, is eligible for licensure as a social
25.27worker if the applicant:
25.28    (1) provides evidence to the board of compliance with the requirements in paragraph
25.29(a), clauses (1) and (3) to (6), and in paragraphs (b) to (e) and (h); and
25.30    (2) provides to the board letters of recommendation and experience ratings from two
25.31licensed social workers and one professor from the applicant's social work program who
25.32can attest to the applicant's competence.
25.33This paragraph expires August 1, 2007.

25.34    Sec. 40. Minnesota Statutes 2006, section 148D.055, subdivision 4, is amended to read:
25.35    Subd. 4. Licensure by examination; licensed independent social worker.
25.36    (a) Except as provided in paragraph (i), To be licensed as a licensed independent social
26.1worker, an applicant for licensure by examination must provide evidence satisfactory
26.2to the board that the applicant:
26.3    (1) has received a graduate degree in social work from a program accredited by the
26.4Council on Social Work Education, the Canadian Association of Schools of Social Work,
26.5or a similar accreditation body designated by the board;
26.6    (2) has practiced social work as defined in section 148D.010, and has met the
26.7supervised practice requirements specified in sections 148D.100 to 148D.125;
26.8    (3) has passed the advanced generalist or equivalent examination administered by
26.9the Association of Social Work Boards or a similar examination body designated by the
26.10board. Unless an applicant applies for licensure by endorsement pursuant to subdivision
26.117, an examination is not valid if it was taken and passed eight or more years prior to
26.12submitting a completed, signed application form provided by the board;
26.13    (4) has submitted a completed, signed application form provided by the board,
26.14including the applicable application fee specified in section 148D.180. For applications
26.15submitted electronically, a "signed application" means providing an attestation as specified
26.16by the board;
26.17    (5) has submitted the criminal background check fee and a form provided by the
26.18board authorizing a criminal background check pursuant to subdivision 8;
26.19    (6) has paid the applicable license fee specified in section 148D.180; and
26.20    (7) has not engaged in conduct that was or would be in violation of the standards
26.21of practice specified in sections 148D.195 to 148D.240. If the applicant has engaged in
26.22conduct that was or would be in violation of the standards of practice, the board may take
26.23action pursuant to sections 148D.255 to 148D.270.
26.24    (b) An application which is not completed and signed, or which is not accompanied
26.25by the correct fee, must be returned to the applicant, along with any fee submitted, and is
26.26void.
26.27    (c) A licensed independent social worker who practices clinical social work must
26.28meet the supervised practice requirements specified in sections 148D.100 to 148D.125. If
26.29a licensee does not meet the supervised practice requirements, the board may take action
26.30pursuant to sections 148D.255 to 148D.270.
26.31    (d) By submitting an application for licensure, an applicant authorizes the board to
26.32investigate any information provided or requested in the application. The board may
26.33request that the applicant provide additional information, verification, or documentation.
26.34    (e) Within one year of the time the board receives an application for licensure, the
26.35applicant must meet all the requirements specified in paragraph (a) and must provide all of
26.36the information requested by the board pursuant to paragraph (d). If within one year the
27.1applicant does not meet all the requirements, or does not provide all of the information
27.2requested, the applicant is considered ineligible and the application for licensure must
27.3be closed.
27.4    (f) Except as provided in paragraph (g), an applicant may not take more than
27.5three times the advanced generalist or equivalent examination administered by the
27.6Association of Social Work Boards or a similar examination body designated by the
27.7board. An applicant must receive a passing score on the masters or equivalent examination
27.8administered by the Association of Social Work Boards or a similar examination body
27.9designated by the board in no more than 18 months after the first time the applicant failed
27.10the examination.
27.11    (g) Notwithstanding paragraph (f), the board may allow an applicant to take, for a
27.12fourth or subsequent time, the advanced generalist or equivalent examination administered
27.13by the Association of Social Work Boards or a similar examination body designated by
27.14the board if the applicant:
27.15    (1) meets all requirements specified in paragraphs (a) to (e) other than passing the
27.16advanced generalist or equivalent examination administered by the Association of Social
27.17Work Boards or a similar examination body designated by the board;
27.18    (2) provides to the board a description of the efforts the applicant has made to
27.19improve the applicant's score and demonstrates to the board's satisfaction that the efforts
27.20are likely to improve the score; and
27.21    (3) provides to the board letters of recommendation from two licensed social workers
27.22attesting to the applicant's ability to practice social work competently and ethically in
27.23accordance with professional social work knowledge, skills, and values.
27.24    (h) An individual must not practice social work until the individual passes the
27.25examination and receives a social work license under this section or section 148D.060. If
27.26the board has reason to believe that an applicant may be practicing social work without a
27.27license, except as provided in section 148D.065, and the applicant has failed the advanced
27.28generalist or equivalent examination administered by the Association of Social Work
27.29Boards or a similar examination body designated by the board, the board may notify the
27.30applicant's employer that the applicant is not licensed as a social worker.
27.31    (i) An applicant who was born in a foreign country, who has taken and failed to
27.32pass the examination specified in paragraph (a), clause (3), at least once since January
27.331, 2000, and for whom English is a second language, is eligible for licensure as a social
27.34worker if the applicant:
27.35    (1) provides evidence to the board of compliance with the requirements in paragraph
27.36(a), clauses (1), (2), and (4) to (7), and in paragraphs (b) to (e) and (h); and
28.1    (2) provides to the board letters of recommendation and experience ratings from two
28.2licensed social workers and one professor from the applicant's social work program who
28.3can attest to the applicant's competence.
28.4This paragraph expires August 1, 2007.

28.5    Sec. 41. Minnesota Statutes 2006, section 148D.055, subdivision 5, is amended to read:
28.6    Subd. 5. Licensure by examination; licensed independent clinical social worker.
28.7    (a) Except as provided in paragraph (h), To be licensed as a licensed independent
28.8clinical social worker, an applicant for licensure by examination must provide evidence
28.9satisfactory to the board that the applicant:
28.10    (1) has received a graduate degree in social work from a program accredited by the
28.11Council on Social Work Education, the Canadian Association of Schools of Social Work,
28.12or a similar accreditation body designated by the board;
28.13    (2) has practiced clinical social work as defined in section 148D.010, including both
28.14diagnosis and treatment, and has met the supervised practice requirements specified in
28.15sections 148D.100 to 148D.125;
28.16    (3) has passed the clinical or equivalent examination administered by the Association
28.17of Social Work Boards or a similar examination body designated by the board. Unless an
28.18applicant applies for licensure by endorsement pursuant to subdivision 7, an examination
28.19is not valid if it was taken and passed eight or more years prior to submitting a completed,
28.20signed application form provided by the board;
28.21    (4) has submitted a completed, signed application form provided by the board,
28.22including the applicable application fee specified in section 148D.180. For applications
28.23submitted electronically, a "signed application" means providing an attestation as specified
28.24by the board;
28.25    (5) has submitted the criminal background check fee and a form provided by the
28.26board authorizing a criminal background check pursuant to subdivision 8;
28.27    (6) has paid the license fee specified in section 148D.180; and
28.28    (7) has not engaged in conduct that was or would be in violation of the standards
28.29of practice specified in sections 148D.195 to 148D.240. If the applicant has engaged in
28.30conduct that was or would be in violation of the standards of practice, the board may take
28.31action pursuant to sections 148D.255 to 148D.270.
28.32    (b) An application which is not completed and signed, or which is not accompanied
28.33by the correct fee, must be returned to the applicant, along with any fee submitted, and is
28.34void.
29.1    (c) By submitting an application for licensure, an applicant authorizes the board to
29.2investigate any information provided or requested in the application. The board may
29.3request that the applicant provide additional information, verification, or documentation.
29.4    (d) Within one year of the time the board receives an application for licensure, the
29.5applicant must meet all the requirements specified in paragraph (a) and must provide all of
29.6the information requested by the board pursuant to paragraph (c). If within one year the
29.7applicant does not meet all the requirements, or does not provide all of the information
29.8requested, the applicant is considered ineligible and the application for licensure must
29.9be closed.
29.10    (e) Except as provided in paragraph (f), an applicant may not take more than three
29.11times the clinical or equivalent examination administered by the Association of Social
29.12Work Boards or a similar examination body designated by the board. An applicant must
29.13receive a passing score on the clinical or equivalent examination administered by the
29.14Association of Social Work Boards or a similar examination body designated by the board
29.15no later than 18 months after the first time the applicant failed the examination.
29.16    (f) Notwithstanding paragraph (e), the board may allow an applicant to take, for a
29.17fourth or subsequent time, the clinical or equivalent examination administered by the
29.18Association of Social Work Boards or a similar examination body designated by the
29.19board if the applicant:
29.20    (1) meets all requirements specified in paragraphs (a) to (d) other than passing the
29.21clinical or equivalent examination administered by the Association of Social Work Boards
29.22or a similar examination body designated by the board;
29.23    (2) provides to the board a description of the efforts the applicant has made to
29.24improve the applicant's score and demonstrates to the board's satisfaction that the efforts
29.25are likely to improve the score; and
29.26    (3) provides to the board letters of recommendation from two licensed social workers
29.27attesting to the applicant's ability to practice social work competently and ethically in
29.28accordance with professional social work knowledge, skills, and values.
29.29    (g) An individual must not practice social work until the individual passes the
29.30examination and receives a social work license under this section or section 148D.060. If
29.31the board has reason to believe that an applicant may be practicing social work without a
29.32license, and the applicant has failed the clinical or equivalent examination administered
29.33by the Association of Social Work Boards or a similar examination body designated by
29.34the board, the board may notify the applicant's employer that the applicant is not licensed
29.35as a social worker.
30.1    (h) An applicant who was born in a foreign country, who has taken and failed to
30.2pass the examination specified in paragraph (a), clause (3), at least once since January
30.31, 2000, and for whom English is a second language, is eligible for licensure as a social
30.4worker if the applicant:
30.5    (1) provides evidence to the board of compliance with the requirements in paragraph
30.6(a), clauses (1), (2), and (4) to (7), and paragraphs (b) to (d) and (g); and
30.7    (2) provides to the board letters of recommendation and experience ratings from two
30.8licensed social workers and one professor from the applicant's social work program who
30.9can attest to the applicant's competence.
30.10This paragraph expires August 1, 2007.

30.11    Sec. 42. Minnesota Statutes 2006, section 148D.055, is amended by adding a
30.12subdivision to read:
30.13    Subd. 7a. Provisional licensure. An applicant for provisional licensure must meet
30.14the license requirements in subdivisions 2 to 8, except the applicant does not have to
30.15pass an examination administered by the Association of Social Work Boards or a similar
30.16examination body designated by the board.

30.17    Sec. 43. Minnesota Statutes 2006, section 148D.060, is amended by adding a
30.18subdivision to read:
30.19    Subd. 2a. Programs in candidacy status. The board may issue a temporary
30.20license to practice social work to an applicant who has completed the requirements for a
30.21baccalaureate or graduate degree in social work from a program in candidacy status with
30.22the Council on Social Work Education, the Canadian Association of Schools of Social
30.23Work, or a similar accreditation body designated by the board, and has:
30.24    (1) applied for a license under section 148D.055;
30.25    (2) applied for a temporary license on a form provided by the board;
30.26    (3) submitted a form provided by the board authorizing the board to complete a
30.27criminal background check;
30.28    (4) passed the applicable licensure examination provided for in section 148D.055;
30.29and
30.30    (5) not engaged in conduct that is in violation of the standards of practice specified
30.31in sections 148D.195 to 148D.240. If the applicant has engaged in conduct that is in
30.32violation of the standards of practice, the board may take action according to sections
30.33148D.255 to 148D.270.

30.34    Sec. 44. Minnesota Statutes 2006, section 148D.060, subdivision 5, is amended to read:
31.1    Subd. 5. Temporary license term. (a) A temporary license is valid until expiration,
31.2or until the board issues or denies the license pursuant to section 148D.055, or until the
31.3board revokes the temporary license, whichever comes first. A temporary license is
31.4nonrenewable.
31.5    (b) A temporary license issued pursuant to subdivision 1 or 2 expires after six
31.6months.
31.7    (c) A temporary license issued pursuant to subdivision 2a expires after 12 months
31.8but may be extended at the board's discretion upon a showing that the social work program
31.9remains in good standing with the Council on Social Work Education, the Canadian
31.10Association of Schools of Social Work, or a similar accreditation body designated by
31.11the board. If the board receives notice from the Council on Social Work Education,
31.12the Canadian Association of Schools of Social Work, or a similar accreditation body
31.13designated by the board that the social work program is not in good standing, or that
31.14the accreditation will not be granted to the social work program, the temporary license
31.15is immediately revoked.
31.16    (c) (d) A temporary license issued pursuant to subdivision 3 2a4 expires after 12
31.17months.

31.18    Sec. 45. Minnesota Statutes 2006, section 148D.060, subdivision 6, is amended to read:
31.19    Subd. 6. Licensee with temporary license; baccalaureate degree. A licensee
31.20with a temporary license who has provided evidence to the board that the licensee has
31.21completed the requirements for a baccalaureate degree in social work from a program
31.22accredited by, or in candidacy status with, the Council on Social Work Education,
31.23the Canadian Association of Schools of Social Work, or a similar accreditation body
31.24designated by the board may temporarily engage in social work practice except that a
31.25licensee with a temporary license may not engage in clinical social work practice.

31.26    Sec. 46. Minnesota Statutes 2006, section 148D.060, subdivision 7, is amended to read:
31.27    Subd. 7. Licensee with temporary license; graduate degree. A licensee with a
31.28temporary license who has provided evidence to the board that the licensee has completed
31.29the requirements for a graduate degree in social work from a program accredited by, or in
31.30candidacy status with, the Council on Social Work Education, the Canadian Association
31.31of Schools of Social Work, or a similar accreditation body designated by the board may
31.32temporarily engage in social work practice, including clinical practice.

31.33    Sec. 47. Minnesota Statutes 2006, section 148D.060, subdivision 13, is amended to
31.34read:
32.1    Subd. 13. Revocation of temporary license. The board may immediately revoke
32.2the temporary license of any licensee who violates any requirements of this section. The
32.3revocation must be made for cause, without notice or opportunity to be heard. A licensee
32.4whose temporary license is revoked must immediately return the temporary license to
32.5the board.

32.6    Sec. 48. [148D.061] PROVISIONAL LICENSES.
32.7    Subdivision 1. Requirements for a provisional license. An applicant may be
32.8issued a provisional license if the applicant:
32.9    (1) was born in a foreign country;
32.10    (2) communicates in English as a second language;
32.11    (3) has failed the Association of Social Work Boards examination a second time in
32.12no more than 12 months after the date the applicant first failed the examination;
32.13    (4) has met all other requirements for licensure; and
32.14    (5) complies with the requirements of subdivisions 2 to 7.
32.15    Subd. 2. License term. (a) A provisional license is valid until expiration, or until
32.16the board issues or denies a license under section 148D.055, or until the board revokes the
32.17provisional license, whichever occurs first.
32.18    (b) A provisional license expires three years after the effective date of the license.
32.19    Subd. 3. Scope of practice. A licensee who is issued a provisional license must
32.20comply with the requirements of section 148D.050.
32.21    Subd. 4. Fee. A licensee who is issued a provisional license must pay the
32.22appropriate license fee specified in section 148D.180.
32.23    Subd. 5. Supervised practice requirements. A licensee who is issued a provisional
32.24license must document supervised practice as provided in section 148D.062. If a licensee
32.25issued a provisional license is granted a license under section 148D.055, the licensee
32.26must also meet the supervised practice requirements in sections 148D.100 to 148D.115.
32.27The supervised practice completed under a provisional license does not apply to this
32.28requirement.
32.29    Subd. 6. Evaluation by supervisor. (a) After being issued a provisional license
32.30under subdivision 1, the licensee must submit an evaluation by the licensee's supervisor
32.31every six months during the first 2,000 hours of social work practice. The evaluation must
32.32meet the requirements in section 148D.063. The supervisor must meet the eligibility
32.33requirements specified in section 148D.062.
33.1    (b) After completion of 2,000 hours of supervised social work practice, the licensee's
33.2supervisor must submit a final evaluation and attest to the applicant's ability to engage in
33.3the practice of social work safely and competently.
33.4    Subd. 7. Completion of requirements. Upon completion of the requirements for
33.5a provisional license under subdivisions 1 to 8, an applicant shall not practice social
33.6work in Minnesota except as provided in section 148D.065, unless licensed according to
33.7section 148D.055.
33.8    Subd. 8. Disciplinary or other action. The board may take action according to
33.9sections 148D.260 to 148D.270 if:
33.10    (1) the licensee's supervisor does not submit an evaluation as required by section
33.11148D.062;
33.12    (2) an evaluation submitted according to section 148D.062 indicates that the licensee
33.13cannot practice social work competently and safely; or
33.14    (3) the licensee does not comply with the requirements of subdivisions 1 to 7.
33.15    Subd. 9. Revocation of provisional license. The board may immediately revoke
33.16the provisional license of a licensee who violates any requirements of this section. The
33.17revocation must be made for cause. A licensee whose provisional license is revoked must
33.18immediately return the provisional license to the board.

33.19    Sec. 49. [148D.062] PROVISIONAL LICENSE; SUPERVISED PRACTICE.
33.20    Subdivision 1. Supervision required after licensure. After receiving a provisional
33.21license from the board, the licensee must obtain at least 37.5 hours of supervision
33.22according to the requirements of this section.
33.23    Subd. 2. Practice requirements. The supervision required by subdivision 1 must
33.24be obtained during the first 2,000 hours of social work practice after the effective date
33.25of the provisional license. At least three hours of supervision must be obtained during
33.26every 160 hours of practice.
33.27    Subd. 3. Types of supervision. (a) Twenty-five hours of supervision required by
33.28subdivision 1 must consist of one-on-one in-person supervision.
33.29    (b) Twelve and one-half hours of supervision must consist of one or more of the
33.30following types of supervision:
33.31    (1) in-person one-on-one supervision; or
33.32    (2) in-person group supervision.
33.33    (c) To qualify as in-person group supervision, the group must not exceed seven
33.34members including the supervisor.
34.1    Subd. 4. Supervisor requirements. (a) The supervision required by subdivision
34.21 must be provided by a supervisor who meets the requirements in section 148D.120
34.3and has either:
34.4    (1) 5,000 hours experience engaged in authorized social work practice; or
34.5    (2) completed 30 hours of training in supervision, which may be satisfied by
34.6completing academic coursework in supervision or continuing education courses in
34.7supervision as defined in section 148D.010, subdivision 16.
34.8    (b) Supervision must be provided:
34.9    (1) if the supervisee is not engaged in clinical practice and the supervisee has a
34.10provisional license to practice as a licensed social worker, by a licenced social worker
34.11who has completed the supervised practice requirements;
34.12    (2) if the supervisee is not engaged in clinical practice and the supervisee has a
34.13provisional license to practice as a licensed graduate social worker, licensed independent
34.14social worker, or licensed independent clinical social worker, by:
34.15    (i) a licensed graduate social worker who has completed the supervised practice
34.16requirements;
34.17    (ii) a licensed independent social worker; or
34.18    (iii) a licensed independent clinical social worker;
34.19    (3) if the supervisee is engaged in clinical practice and the supervisee has a
34.20provisional license to practice as a licensed graduate social worker, licensed independent
34.21social worker, or licensed independent clinical social worker, by a licensed independent
34.22clinical social worker; or
34.23    (4) by a supervisor who meets the requirements in section 148D.120, subdivision 2.
34.24    Subd. 5. Expiration. This section expires August 1, 2011.

34.25    Sec. 50. [148D.063] PROVISIONAL LICENSE; DOCUMENTATION OF
34.26SUPERVISION.
34.27    Subdivision 1. Supervision plan. (a) An applicant granted a provisional license
34.28must submit, on a form provided by the board, a supervision plan for meeting the
34.29supervision requirements in section 148D.062.
34.30    (b) The supervision plan must be submitted no later than 30 days after the licensee
34.31begins a social work practice position.
34.32    (c) The board may revoke a licensee's provisional license for failure to submit the
34.33supervision plan within 30 days after beginning a social work practice position.
34.34    (d) The supervision plan must include the following:
34.35    (1) the name of the supervisee, the name of the agency in which the supervisee is
34.36being supervised, and the supervisee's position title;
35.1    (2) the name and qualifications of the person providing the supervision;
35.2    (3) the number of hours of one-on-one in-person supervision and the number and
35.3type of additional hours of supervision to be completed by the supervisee;
35.4    (4) the supervisee's position description;
35.5    (5) a brief description of the supervision the supervisee will receive in the following
35.6content areas:
35.7    (i) clinical practice, if applicable;
35.8    (ii) development of professional social work knowledge, skills, and values;
35.9    (iii) practice methods;
35.10    (iv) authorized scope of practice;
35.11    (v) ensuring continuing competence; and
35.12    (vi) ethical standards of practice; and
35.13    (6) if applicable, a detailed description of the supervisee's clinical social work
35.14practice, addressing:
35.15    (i) the client population, the range of presenting issues, and the diagnoses;
35.16    (ii) the clinical modalities that were utilized; and
35.17    (iii) the process utilized for determining clinical diagnoses, including the diagnostic
35.18instruments used and the role of the supervisee in the diagnostic process.
35.19    (e) The board must receive a revised supervision plan within 30 days of any of the
35.20following changes:
35.21    (1) the supervisee has a new supervisor;
35.22    (2) the supervisee begins a new social work position;
35.23    (3) the scope or content of the supervisee's social work practice changes substantially;
35.24    (4) the number of practice or supervision hours changes substantially; or
35.25    (5) the type of supervision changes as supervision is described in section 148D.062.
35.26    (f) the board may revoke a licensee's provisional license for failure to submit a
35.27revised supervision plan as required in paragraph (e).
35.28    (g) The board must approve the supervisor and the supervision plan.
35.29    Subd. 2. Evaluation. (a) When a supervisee submits an evaluation to the board
35.30according to section 148D.061, subdivision 6, the supervisee and supervisor must provide
35.31the following information on a form provided by the board:
35.32    (1) the name of the supervisee, the name of the agency in which the supervisee is
35.33being supervised, and the supervisee's position title;
35.34    (2) the name and qualifications of the supervisor;
35.35    (3) the number of hours and dates of each type of supervision completed;
35.36    (4) the supervisee's position description;
36.1    (5) a declaration that the supervisee has not engaged in conduct in violation of the
36.2standards of practice in sections 148D.195 to 148D.240;
36.3    (6) a declaration that the supervisee has practiced competently and ethically
36.4according to professional social work knowledge, skills, and values; and
36.5    (7) on a form provided by the board, an evaluation of the licensee's practice in
36.6the following areas:
36.7    (i) development of professional social work knowledge, skills, and values;
36.8    (ii) practice methods;
36.9    (iii) authorized scope of practice;
36.10    (iv) ensuring continuing competence;
36.11    (v) ethical standards of practice; and
36.12    (vi) clinical practice, if applicable.
36.13    (b) The information provided on the evaluation form must demonstrate that the
36.14supervisee has met or has made progress on meeting the applicable supervised practice
36.15requirements.
36.16    Subd. 3. Alternative verification of supervised practice. Notwithstanding the
36.17requirements of subdivision 2, the board may accept alternative verification of supervised
36.18practice if a supervisee demonstrates that the supervisee is unable to locate a former
36.19supervisor to provide the required information.

36.20    Sec. 51. Minnesota Statutes 2006, section 148D.120, subdivision 2, is amended to read:
36.21    Subd. 2. Alternate supervisors. (a) The board may approve an alternate supervisor
36.22if:
36.23    (1) the board determines that supervision is not obtainable pursuant to paragraph (b);
36.24    (2) the licensee requests in the supervision plan submitted pursuant to section
36.25148D.062, subdivision 1, or 148D.125, subdivision 1, that an alternate supervisor conduct
36.26the supervision;
36.27    (3) the licensee describes the proposed supervision and the name and qualifications
36.28of the proposed alternate supervisor; and
36.29    (4) the requirements of paragraph (d) are met.
36.30    (b) The board may determine that supervision is not obtainable if:
36.31    (1) the licensee provides documentation as an attachment to the supervision plan
36.32submitted pursuant to section 148D.062, subdivision 1, or 148D.125, subdivision 1, that
36.33the licensee has conducted a thorough search for a supervisor meeting the applicable
36.34licensure requirements specified in sections 148D.100 to 148D.115;
36.35    (2) the licensee demonstrates to the board's satisfaction that the search was
36.36unsuccessful; and
37.1    (3) the licensee describes the extent of the search and the names and locations of
37.2the persons and organizations contacted.
37.3    (c) The following are not grounds for a determination that supervision is
37.4unobtainable:
37.5    (1) obtaining a supervisor who meets the requirements of subdivision 1 would
37.6present the licensee with a financial hardship;
37.7    (2) the licensee is unable to obtain a supervisor who meets the requirements of
37.8subdivision 1 within the licensee's agency or organization and the agency or organization
37.9will not allow outside supervision; or
37.10    (3) the specialized nature of the licensee's practice requires supervision from a
37.11practitioner other than an individual licensed as a social worker.
37.12    (d) An alternate supervisor must:
37.13    (1) be an unlicensed social worker who is employed in, and provides the supervision
37.14in, a setting exempt from licensure by section 148D.065, and who has qualifications
37.15equivalent to the applicable requirements specified in sections 148D.100 to 148D.115; or
37.16    (2) be a licensed marriage and family therapist or a mental health professional
37.17as established by section 245.462, subdivision 18, or 245.4871, subdivision 27, or an
37.18equivalent mental health professional, as determined by the board, who is licensed or
37.19credentialed by a state, territorial, provincial, or foreign licensing agency.
37.20    In order to qualify to provide clinical supervision of a licensed graduate social
37.21worker or licensed independent social worker engaged in clinical practice, the alternate
37.22supervisor must be a mental health professional as established by section 245.462,
37.23subdivision 18 , or 245.4871, subdivision 27, or an equivalent mental health professional,
37.24as determined by the board, who is licensed or credentialed by a state, territorial,
37.25provincial, or foreign licensing agency.

37.26    Sec. 52. Minnesota Statutes 2006, section 148D.125, subdivision 1, is amended to read:
37.27    Subdivision 1. Supervision plan. (a) A social worker must submit, on a form
37.28provided by the board, a supervision plan for meeting the supervision requirements
37.29specified in sections 148D.100 to 148D.120.
37.30    (b) The supervision plan must be submitted no later than 90 days after the licensee
37.31begins a social work practice position after becoming licensed.
37.32    (c) For failure to submit the supervision plan within 90 days after beginning a social
37.33work practice position, a licensee must pay the supervision plan late fee specified in
37.34section 148D.180 when the licensee applies for license renewal.
38.1    (d) A license renewal application submitted pursuant to paragraph (a) section
38.2148D.070, subdivision 3, must not be approved unless the board has received a supervision
38.3plan.
38.4    (e) The supervision plan must include the following:
38.5    (1) the name of the supervisee, the name of the agency in which the supervisee is
38.6being supervised, and the supervisee's position title;
38.7    (2) the name and qualifications of the person providing the supervision;
38.8    (3) the number of hours of one-on-one in-person supervision and the number and
38.9type of additional hours of supervision to be completed by the supervisee;
38.10    (4) the supervisee's position description;
38.11    (5) a brief description of the supervision the supervisee will receive in the following
38.12content areas:
38.13    (i) clinical practice, if applicable;
38.14    (ii) development of professional social work knowledge, skills, and values;
38.15    (iii) practice methods;
38.16    (iv) authorized scope of practice;
38.17    (v) ensuring continuing competence; and
38.18    (vi) ethical standards of practice; and
38.19    (6) if applicable, a detailed description of the supervisee's clinical social work
38.20practice, addressing:
38.21    (i) the client population, the range of presenting issues, and the diagnoses;
38.22    (ii) the clinical modalities that were utilized; and
38.23    (iii) the process utilized for determining clinical diagnoses, including the diagnostic
38.24instruments used and the role of the supervisee in the diagnostic process.
38.25    (f) The board must receive a revised supervision plan within 90 days of any of the
38.26following changes:
38.27    (1) the supervisee has a new supervisor;
38.28    (2) the supervisee begins a new social work position;
38.29    (3) the scope or content of the supervisee's social work practice changes substantially;
38.30    (4) the number of practice or supervision hours changes substantially; or
38.31    (5) the type of supervision changes as supervision is described in section 148D.100,
38.32subdivision 3 , or 148D.105, subdivision 3, or as required in section 148D.115, subdivision
38.334 .
38.34    (g) For failure to submit a revised supervision plan as required in paragraph (f), a
38.35supervisee must pay the supervision plan late fee specified in section 148D.180, when
38.36the supervisee applies for license renewal.
39.1    (h) The board must approve the supervisor and the supervision plan.

39.2    Sec. 53. Minnesota Statutes 2006, section 151.01, is amended by adding a subdivision
39.3to read:
39.4    Subd. 31. Electronic signature. "Electronic signature" means an electronic sound,
39.5symbol, or process attached to or associated with a record and executed or adopted by a
39.6person with the intent to sign the record.

39.7    Sec. 54. Minnesota Statutes 2006, section 151.01, is amended by adding a subdivision
39.8to read:
39.9    Subd. 32. Electronic transmission. "Electronic transmission" means transmission
39.10of information in electronic form.

39.11    Sec. 55. Minnesota Statutes 2006, section 151.06, subdivision 1, is amended to read:
39.12    Subdivision 1. Generally; rules. (a) Powers and duties. The Board of Pharmacy
39.13shall have the power and it shall be its duty:
39.14    (1) to regulate the practice of pharmacy;
39.15    (2) to regulate the manufacture, wholesale, and retail sale of drugs within this state;
39.16    (3) to regulate the identity, labeling, purity, and quality of all drugs and medicines
39.17dispensed in this state, using the United States Pharmacopeia and the National Formulary,
39.18or any revisions thereof, or standards adopted under the federal act as the standard;
39.19    (4) to enter and inspect by its authorized representative any and all places where
39.20drugs, medicines, medical gases, or veterinary drugs or devices are sold, vended, given
39.21away, compounded, dispensed, manufactured, wholesaled, or held; it may secure samples
39.22or specimens of any drugs, medicines, medical gases, or veterinary drugs or devices
39.23after paying or offering to pay for such sample; it shall be entitled to inspect and make
39.24copies of any and all records of shipment, purchase, manufacture, quality control, and
39.25sale of these items provided, however, that such inspection shall not extend to financial
39.26data, sales data, or pricing data;
39.27    (5) to examine and license as pharmacists all applicants whom it shall deem qualified
39.28to be such;
39.29    (6) to license wholesale drug distributors;
39.30    (7) to deny, suspend, revoke, or refuse to renew any registration or license required
39.31under this chapter, to any applicant or registrant or licensee upon any of the following
39.32grounds:
39.33    (i) fraud or deception in connection with the securing of such license or registration;
39.34    (ii) in the case of a pharmacist, conviction in any court of a felony;
40.1    (iii) in the case of a pharmacist, conviction in any court of an offense involving
40.2moral turpitude;
40.3    (iv) habitual indulgence in the use of narcotics, stimulants, or depressant drugs;
40.4or habitual indulgence in intoxicating liquors in a manner which could cause conduct
40.5endangering public health;
40.6    (v) unprofessional conduct or conduct endangering public health;
40.7    (vi) gross immorality;
40.8    (vii) employing, assisting, or enabling in any manner an unlicensed person to
40.9practice pharmacy;
40.10    (viii) conviction of theft of drugs, or the unauthorized use, possession, or sale thereof;
40.11    (ix) violation of any of the provisions of this chapter or any of the rules of the State
40.12Board of Pharmacy;
40.13    (x) in the case of a pharmacy license, operation of such pharmacy without a
40.14pharmacist present and on duty;
40.15    (xi) in the case of a pharmacist, physical or mental disability which could cause
40.16incompetency in the practice of pharmacy;
40.17    (xii) in the case of a pharmacist, the suspension or revocation of a license to practice
40.18pharmacy in another state; or
40.19    (xiii) in the case of a pharmacist, aiding suicide or aiding attempted suicide in
40.20violation of section 609.215 as established by any of the following:
40.21    (A) a copy of the record of criminal conviction or plea of guilty for a felony in
40.22violation of section 609.215, subdivision 1 or 2;
40.23    (B) a copy of the record of a judgment of contempt of court for violating an
40.24injunction issued under section 609.215, subdivision 4;
40.25    (C) a copy of the record of a judgment assessing damages under section 609.215,
40.26subdivision 5 ; or
40.27    (D) a finding by the board that the person violated section 609.215, subdivision
40.281 or 2. The board shall investigate any complaint of a violation of section 609.215,
40.29subdivision 1 or 2;
40.30    (8) to employ necessary assistants and make adopt rules for the conduct of its
40.31business;
40.32    (9) to register as pharmacy technicians all applicants who the board determines are
40.33qualified to carry out the duties of a pharmacy technician; and
40.34    (10) to perform such other duties and exercise such other powers as the provisions of
40.35the act may require.
41.1    (b) Temporary suspension. In addition to any other remedy provided by law, the
41.2board may, without a hearing, temporarily suspend a license for not more than 60 days if
41.3the board finds that a pharmacist has violated a statute or rule that the board is empowered
41.4to enforce and continued practice by the pharmacist would create an imminent risk of
41.5harm to others. The suspension shall take effect upon written notice to the pharmacist,
41.6specifying the statute or rule violated. At the time it issues the suspension notice, the
41.7board shall schedule a disciplinary hearing to be held under the Administrative Procedure
41.8Act. The pharmacist shall be provided with at least 20 days' notice of any hearing held
41.9under this subdivision.
41.10    (c) Rules. For the purposes aforesaid, it shall be the duty of the board to make
41.11and publish uniform rules not inconsistent herewith for carrying out and enforcing
41.12the provisions of this chapter. The board shall adopt rules regarding prospective drug
41.13utilization review and patient counseling by pharmacists. A pharmacist in the exercise of
41.14the pharmacist's professional judgment, upon the presentation of a new prescription by a
41.15patient or the patient's caregiver or agent, shall perform the prospective drug utilization
41.16review required by rules issued under this subdivision.

41.17    Sec. 56. Minnesota Statutes 2006, section 151.21, subdivision 1, is amended to read:
41.18    Subdivision 1. Generally. Except as provided in this section, it shall be unlawful for
41.19any pharmacist, assistant pharmacist, or pharmacist intern who dispenses prescriptions,
41.20drugs, and medicines to substitute an article different from the one ordered, or deviate
41.21in any manner from the requirements of an order or prescription without the approval of
41.22the prescriber.

41.23    Sec. 57. Minnesota Statutes 2006, section 151.21, subdivision 2, is amended to read:
41.24    Subd. 2. Brand name specified. When a pharmacist receives a written paper or
41.25hard copy prescription on which the prescriber has personally written in handwriting
41.26"dispense as written" or "D.A.W.," a prescription sent by electronic transmission on which
41.27the prescriber has expressly indicated in a manner consistent with the standards for
41.28electronic prescribing under Code of Federal Regulations, title 42, section 423, that the
41.29prescription is to be dispensed as transmitted and which bears the prescriber's electronic
41.30signature, or an oral prescription in which the prescriber has expressly indicated that the
41.31prescription is to be dispensed as communicated, the pharmacist shall dispense the brand
41.32name legend drug as prescribed.

41.33    Sec. 58. Minnesota Statutes 2006, section 151.21, subdivision 3, is amended to read:
41.34    Subd. 3. Brand name not specified. When a pharmacist receives a written paper or
41.35hard copy prescription on which the prescriber has not personally written in handwriting
42.1"dispense as written" or "D.A.W.," a prescription sent by electronic transmission on which
42.2the prescriber has not expressly indicated in a manner consistent with the standards for
42.3electronic prescribing under Code of Federal Regulations, title 42, section 423, that the
42.4prescription is to be dispensed as transmitted and which bears the prescriber's electronic
42.5signature, or an oral prescription in which the prescriber has not expressly indicated
42.6that the prescription is to be dispensed as communicated, and there is available in the
42.7pharmacist's stock a less expensive generically equivalent drug that, in the pharmacist's
42.8professional judgment, is safely interchangeable with the prescribed drug, then the
42.9pharmacist shall, after disclosing the substitution to the purchaser, dispense the generic
42.10drug, unless the purchaser objects. A pharmacist may also substitute pursuant to the oral
42.11instructions of the prescriber. A pharmacist may not substitute a generically equivalent
42.12drug product unless, in the pharmacist's professional judgment, the substituted drug is
42.13therapeutically equivalent and interchangeable to the prescribed drug. A pharmacist
42.14shall notify the purchaser if the pharmacist is dispensing a drug other than the brand
42.15name drug prescribed.

42.16    Sec. 59. Minnesota Statutes 2006, section 151.21, is amended by adding a subdivision
42.17to read:
42.18    Subd. 3a. Prescriptions by electronic transmission. Nothing in this section
42.19permits a prescriber to maintain "dispense as written" or "D.A.W." as a default on all
42.20prescriptions. Prescribers must add the "dispense as written" or "D.A.W." designation to
42.21electronic prescriptions individually, as appropriate.

42.22    Sec. 60. Minnesota Statutes 2006, section 214.32, subdivision 1, is amended to read:
42.23    Subdivision 1. Management. (a) A Health Professionals Services Program
42.24Committee is established, consisting of one person appointed by each participating board,
42.25with each participating board having one vote. The committee shall designate one board
42.26to provide administrative management of the program, set the program budget and the
42.27pro rata share of program expenses to be borne by each participating board, provide
42.28guidance on the general operation of the program, including hiring of program personnel,
42.29and ensure that the program's direction is in accord with its authority. If the participating
42.30boards change which board is designated to provide administrative management of
42.31the program, any appropriation remaining for the program shall transfer to the newly
42.32designated board on the effective date of the change. The participating boards must inform
42.33the appropriate legislative committees and the commissioner of finance of any change
42.34in the administrative management of the program, and the amount of any appropriation
42.35transferred under this provision.
43.1    (b) The designated board, upon recommendation of the Health Professional Services
43.2Program Committee, shall hire the program manager and employees and pay expenses
43.3of the program from funds appropriated for that purpose. The designated board may
43.4apply for grants to pay program expenses and may enter into contracts on behalf of the
43.5program to carry out the purposes of the program. The participating boards shall enter into
43.6written agreements with the designated board.
43.7    (c) An advisory committee is established to advise the program committee consisting
43.8of:
43.9    (1) one member appointed by each of the following: the Minnesota Academy of
43.10Physician Assistants, the Minnesota Dental Association, the Minnesota Chiropractic
43.11Association, the Minnesota Licensed Practical Nurse Association, the Minnesota Medical
43.12Association, the Minnesota Nurses Association, and the Minnesota Podiatric Medicine
43.13Association;
43.14    (2) one member appointed by each of the professional associations of the other
43.15professions regulated by a participating board not specified in clause (1); and
43.16    (3) two public members, as defined by section 214.02.
43.17Members of the advisory committee shall be appointed for two years and members may
43.18be reappointed.
43.19    The advisory committee expires June 30, 2007.

43.20    Sec. 61. APPLICABILITY OF RULES.
43.21    Minnesota Rules, parts 5601.0100 to 5601.3200, apply both to physical therapists
43.22and physical therapist assistants, except parts 5601.1200; 5601.1300; 5601.1800;
43.235601.1900; 5601.2000; 5601.3200, subpart 2, item D; and 5601.3200, subpart 5, only
43.24apply to physical therapists.

43.25    Sec. 62. REPEALER.
43.26(a) Minnesota Statutes 2006, sections 148.691, subdivision 3; 148.71, subdivision 1;
43.27148.72; 148.745; and 148.775, are repealed.
43.28(b) Minnesota Rules, parts 5601.0200; 5601.0300; 5601.0400; 5601.0500;
43.295601.0600; 5601.0700; 5601.0800; 5601.1400; 5601.1500; 5601.1600; 5601.2800;
43.305601.2900; 5601.3000; 5601.3105; 5601.3110; 5601.3115; 5601.3120; 5601.3125;
43.315601.3130; 5601.3135; 5601.3140; 5601.3145; 5601.3150; 5601.3155; 5601.3160; and
43.325601.3165, are repealed."
43.33Amend the title accordingly