Minnesota 2025-2026 Regular Session

Minnesota Senate Bill SF2571 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1.1 A bill for an act
2	2	1.2 relating to health-related licensing; modifying occupational therapy licensure and
3	3	1.3 application requirements; establishing fees; amending Minnesota Statutes 2024,
4	4	1.4 sections 144A.43, subdivision 15; 144G.08, subdivision 45; 148.6401; 148.6402,
5	5	1.5 subdivisions 1, 7, 8, 13, 14, 16, 16a, 19, 20, 23, 25, by adding subdivisions;
6	6	1.6 148.6403; 148.6404; 148.6405; 148.6408, subdivision 2, by adding a subdivision;
7	7	1.7 148.6410, subdivision 2, by adding a subdivision; 148.6412, subdivisions 2, 3;
8	8	1.8 148.6415; 148.6418; 148.6420, subdivision 1; 148.6423, subdivisions 1, 2, by
9	9	1.9 adding a subdivision; 148.6425, subdivision 2, by adding subdivisions; 148.6428;
10	10	1.10 148.6432, subdivisions 1, 2, 3, 4, by adding a subdivision; 148.6435; 148.6438;
11	11	1.11 148.6443, subdivisions 3, 4, 5, 6, 7, 8; 148.6445, by adding subdivisions; 148.6448,
12	12	1.12 subdivisions 1, 2, 4, 6; 148.6449, subdivisions 1, 2, 7; proposing coding for new
13	13	1.13 law in Minnesota Statutes, chapter 148; repealing Minnesota Statutes 2024, sections
14	14	1.14 148.6402, subdivision 22a; 148.6420, subdivisions 2, 3, 4; 148.6423, subdivisions
15	15	1.15 4, 5, 7, 8, 9; 148.6425, subdivision 3; 148.6430; 148.6445, subdivisions 5, 6, 8.
16	16	1.16BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
17	17	1.17 Section 1. Minnesota Statutes 2024, section 144A.43, subdivision 15, is amended to read:
18	18	1.18 Subd. 15.Occupational therapist."Occupational therapist" means a person who is
19	19	1.19licensed under sections 148.6401 to 148.6449 has the meaning given in section 148.6402,
20	20	1.20subdivision 14.
21	21	1.21 Sec. 2. Minnesota Statutes 2024, section 144G.08, subdivision 45, is amended to read:
22	22	1.22 Subd. 45.Occupational therapist."Occupational therapist" means a person who is
23	23	1.23licensed under sections 148.6401 to 148.6449 has the meaning given in section 148.6402,
24	24	1.24subdivision 14.
25	25	1Sec. 2.
26	26	25-02854 as introduced02/04/25 REVISOR AGW/NS
27	27	SENATE
28	28	STATE OF MINNESOTA
29	29	S.F. No. 2571NINETY-FOURTH SESSION
30	30	(SENATE AUTHORS: KUPEC)
31	31	OFFICIAL STATUSD-PGDATE
32	32	Introduction and first reading03/13/2025
33	33	Referred to Health and Human Services 2.1 Sec. 3. Minnesota Statutes 2024, section 148.6401, is amended to read:
34	34	2.2 148.6401 SCOPE.
35	35	2.3 Sections 148.6401 to 148.6449 148.645 apply to persons who are applicants for licensure,
36	36	2.4who are licensed, who use protected titles, or who represent that they are licensed as
37	37	2.5occupational therapists or occupational therapy assistants practitioners.
38	38	2.6 Sec. 4. Minnesota Statutes 2024, section 148.6402, subdivision 1, is amended to read:
39	39	2.7 Subdivision 1.Scope.For the purpose of sections 148.6401 to 148.6449 148.645, the
40	40	2.8following terms have the meanings given them.
41	41	2.9 Sec. 5. Minnesota Statutes 2024, section 148.6402, is amended by adding a subdivision
42	42	2.10to read:
43	43	2.11 Subd. 2a.Accreditation Council for Occupational Therapy Education or
44	44	2.12ACOTE."Accreditation Council for Occupational Therapy Education" or "ACOTE" means
45	45	2.13the entity that accredits occupational therapy education programs in the United States and
46	46	2.14its territories and establishes, approves, and administers educational standards ensuring
47	47	2.15consistency across all occupational therapy education.
48	48	2.16 Sec. 6. Minnesota Statutes 2024, section 148.6402, is amended by adding a subdivision
49	49	2.17to read:
50	50	2.18 Subd. 5a.Continuing competence."Continuing competence" means the process in
51	51	2.19which an occupational therapy practitioner develops and maintains the knowledge, critical
52	52	2.20reasoning, interpersonal skills, performance skills, and ethical practice necessary to perform
53	53	2.21their occupational therapy responsibilities.
54	54	2.22 Sec. 7. Minnesota Statutes 2024, section 148.6402, subdivision 7, is amended to read:
55	55	2.23 Subd. 7.Credentialing Certification examination for occupational
56	56	2.24therapist."Credentialing Certification examination for occupational therapist" means the
57	57	2.25examination sponsored by the National Board for Certification in Occupational Therapy
58	58	2.26for credentialing certification as an a registered occupational therapist, registered.
59	59	2.27 Sec. 8. Minnesota Statutes 2024, section 148.6402, subdivision 8, is amended to read:
60	60	2.28 Subd. 8.Credentialing Certification examination for occupational therapy
61	61	2.29assistant."Credentialing Certification examination for occupational therapy assistant"
62	62	2Sec. 8.
63	63	25-02854 as introduced02/04/25 REVISOR AGW/NS 3.1means the examination sponsored by the National Board for Certification in Occupational
64	64	3.2Therapy for credentialing certification as a certified occupational therapy assistant.
65	65	3.3 Sec. 9. Minnesota Statutes 2024, section 148.6402, is amended by adding a subdivision
66	66	3.4to read:
67	67	3.5 Subd. 12a.Face-to-face supervision."Face-to-face supervision" means supervision
68	68	3.6occurring between a supervisor and a supervisee within each other's sight or presence.
69	69	3.7Face-to-face supervision includes real time audio and video communication where the
70	70	3.8supervisor and supervisee can see each other and clearly visualize the services being provided.
71	71	3.9 Sec. 10. Minnesota Statutes 2024, section 148.6402, subdivision 13, is amended to read:
72	72	3.10 Subd. 13.Licensed health care professional."Licensed health care professional" means
73	73	3.11a person licensed in good standing in Minnesota to practice medicine, osteopathic medicine,
74	74	3.12chiropractic, podiatry, advanced practice registered nursing, or dentistry, or is a person
75	75	3.13registered as a licensed physician assistant in Minnesota.
76	76	3.14 Sec. 11. Minnesota Statutes 2024, section 148.6402, is amended by adding a subdivision
77	77	3.15to read:
78	78	3.16 Subd. 13a.National Board for Certification in Occupational Therapy or
79	79	3.17NBCOT."National Board for Certification in Occupational Therapy" or "NBCOT" means
80	80	3.18the entity that administers the certification examination and provides initial and renewal
81	81	3.19board certification for occupational therapy practitioners providing services in the United
82	82	3.20States, or any successor entity performing the certification examination and initial and
83	83	3.21renewal board certification.
84	84	3.22 Sec. 12. Minnesota Statutes 2024, section 148.6402, subdivision 14, is amended to read:
85	85	3.23 Subd. 14.Occupational therapist."Occupational therapist" means an individual who
86	86	3.24meets the qualifications in sections 148.6401 to 148.6449 and is licensed by the board
87	87	3.25licensed to practice occupational therapy under sections 148.6401 to 148.645 who is
88	88	3.26responsible for and directs the evaluation process, discharge planning process, development
89	89	3.27of intervention plans, and provision of occupational therapy services.
90	90	3.28 Sec. 13. Minnesota Statutes 2024, section 148.6402, subdivision 16, is amended to read:
91	91	3.29 Subd. 16.Occupational therapy assistant."Occupational therapy assistant" means an
92	92	3.30individual who meets the qualifications for an occupational therapy assistant in sections
93	93	3Sec. 13.
94	94	25-02854 as introduced02/04/25 REVISOR AGW/NS 4.1148.6401 to 148.6449 and is licensed by the board licensed to assist in the practice of
95	95	4.2occupational therapy under sections 148.6401 to 148.645 who works under the appropriate
96	96	4.3supervision of and in partnership with an occupational therapist, unless exempted under
97	97	4.4section 148.6432.
98	98	4.5 Sec. 14. Minnesota Statutes 2024, section 148.6402, subdivision 16a, is amended to read:
99	99	4.6 Subd. 16a.Occupational therapy practitioner."Occupational therapy practitioner"
100	100	4.7means any individual licensed as either an occupational therapist or occupational therapy
101	101	4.8assistant under sections 148.6401 to 148.6449 148.645.
102	102	4.9 Sec. 15. Minnesota Statutes 2024, section 148.6402, subdivision 19, is amended to read:
103	103	4.10 Subd. 19.License or licensed."License" or "licensed" means the act or status of a
104	104	4.11natural person who meets the requirements of sections 148.6401 to 148.6449 148.645.
105	105	4.12 Sec. 16. Minnesota Statutes 2024, section 148.6402, subdivision 20, is amended to read:
106	106	4.13 Subd. 20.Licensee."Licensee" means a person who meets the requirements of sections
107	107	4.14148.6401 to 148.6449 148.645.
108	108	4.15 Sec. 17. Minnesota Statutes 2024, section 148.6402, subdivision 23, is amended to read:
109	109	4.16 Subd. 23.Service competency.(a) "Service competency" of an occupational therapy
110	110	4.17assistant in performing evaluation tasks means the ability of an occupational therapy assistant
111	111	4.18to obtain the same information as the supervising occupational therapist when evaluating
112	112	4.19a client's function.
113	113	4.20 (b) "Service competency" of an occupational therapy assistant in performing treatment
114	114	4.21procedures means the ability of an occupational therapy assistant to perform treatment
115	115	4.22procedures in a manner such that the outcome, documentation, and follow-up are equivalent
116	116	4.23to that which would have been achieved had the supervising occupational therapist performed
117	117	4.24the treatment procedure.
118	118	4.25 (c) "Service competency" of an occupational therapist means the ability of an occupational
119	119	4.26therapist to consistently perform an assessment task or intervention procedure with the level
120	120	4.27of skill recognized as satisfactory within the appropriate acceptable prevailing practice
121	121	4.28national practice standards of occupational therapy.
122	122	4Sec. 17.
123	123	25-02854 as introduced02/04/25 REVISOR AGW/NS 5.1 Sec. 18. Minnesota Statutes 2024, section 148.6402, subdivision 25, is amended to read:
124	124	5.2 Subd. 25.Temporary licensure."Temporary licensure" means a method of licensure
125	125	5.3described in section 148.6418, by which an individual who (1) has completed an approved
126	126	5.4or accredited education program but has not met the examination requirement; or (2)
127	127	5.5possesses a credential from another jurisdiction or the National Board for Certification in
128	128	5.6Occupational Therapy but who has not submitted the documentation required by section
129	129	5.7148.6420, subdivisions 3 and 4, may qualify for Minnesota licensure for a limited time
130	130	5.8period.
131	131	5.9 Sec. 19. Minnesota Statutes 2024, section 148.6403, is amended to read:
132	132	5.10 148.6403 LICENSURE; PROTECTED TITLES AND RESTRICTIONS ON USE;
133	133	5.11EXEMPT PERSONS; SANCTIONS.
134	134	5.12 Subdivision 1.Unlicensed practice prohibited.A person must not engage in the practice
135	135	5.13of occupational therapy unless the person is licensed as an occupational therapy practitioner
136	136	5.14in accordance with sections 148.6401 to 148.6449 148.645.
137	137	5.15 Subd. 2.Protected titles and restrictions on use.Use of the phrase "occupational
138	138	5.16therapy," or "occupational therapist," or "occupational therapy assistant," or the initials
139	139	5.17"OT" or "OTA" alone or in combination with any other words or initials to form an
140	140	5.18occupational title, or to indicate or imply that the person is licensed by the state as an
141	141	5.19occupational therapist or occupational therapy assistant, is prohibited unless that person is
142	142	5.20licensed under sections 148.6401 to 148.6449 148.645.
143	143	5.21 Subd. 3.Use of "Minnesota licensed."Use of the term "Minnesota licensed" in
144	144	5.22conjunction with titles protected under this section by any person is prohibited unless that
145	145	5.23person is licensed under sections 148.6401 to 148.6449 148.645.
146	146	5.24 Subd. 4.Persons licensed or certified in other states.A person who is licensed in
147	147	5.25Minnesota and licensed or certified in another state may use the designation "licensed" or
148	148	5.26"certified" with a protected title only if the state jurisdiction of licensure or certification is
149	149	5.27clearly indicated.
150	150	5.28 Subd. 5.Exempt persons.This section does not apply to:
151	151	5.29 (1) a person employed as an occupational therapy practitioner by the government of the
152	152	5.30United States or any agency of it. However, use of the protected titles under those
153	153	5.31circumstances is allowed only in connection with performance of official duties for the
154	154	5.32federal government;
155	155	5Sec. 19.
156	156	25-02854 as introduced02/04/25 REVISOR AGW/NS 6.1 (2) a student participating in supervised fieldwork or supervised coursework that is
157	157	6.2necessary to meet the requirements of section 148.6408, subdivision 1, or 148.6410,
158	158	6.3subdivision 1, if the person is designated by a title which clearly indicates the person's status
159	159	6.4as a student trainee. Any use of the protected titles under these circumstances is allowed
160	160	6.5only while the person is performing the duties of the supervised fieldwork or supervised
161	161	6.6coursework; or
162	162	6.7 (3) a person visiting and then leaving the state and performing occupational therapy
163	163	6.8services while in the state, if the services are performed no more than 30 days in a calendar
164	164	6.9year as part of a professional activity that is limited in scope and duration and is in association
165	165	6.10with an occupational therapist licensed under sections 148.6401 to 148.6449, and
166	166	6.11 (i) the (3) a person who is credentialed under the law of another state which that has
167	167	6.12credentialing requirements at least as stringent as the requirements of sections 148.6401 to
168	168	6.13148.6449 148.645; or
169	169	6.14 (ii) the (4) a person who meets the requirements for certification as an occupational
170	170	6.15therapist registered (OTR) or a certified occupational therapy assistant (COTA), established
171	171	6.16by the National Board for Certification in Occupational Therapy.; or
172	172	6.17 (5) an occupational therapy practitioner who possesses an active compact privilege under
173	173	6.18section 148.645.
174	174	6.19 Subd. 6.Sanctions.A person who practices occupational therapy or holds out as an
175	175	6.20occupational therapy practitioner by or through the use of any title described in subdivision
176	176	6.212 without prior licensure according to sections 148.6401 to 148.6449 148.645 is subject to
177	177	6.22sanctions or action against continuing the activity according to section 148.6448, chapter
178	178	6.23214, or other statutory authority.
179	179	6.24 Subd. 7.Exemption.Nothing in sections 148.6401 to 148.6449 148.645 shall prohibit
180	180	6.25the practice of any profession or occupation licensed or registered by the state by any person
181	181	6.26duly licensed or registered to practice the profession or occupation or to perform any act
182	182	6.27that falls within the scope of practice of the profession or occupation.
183	183	6.28 Sec. 20. Minnesota Statutes 2024, section 148.6404, is amended to read:
184	184	6.29 148.6404 SCOPE OF PRACTICE.
185	185	6.30 (a) The practice of occupational therapy means the therapeutic use of everyday activities
186	186	6.31life occupations with individuals or, groups, or populations for the purpose of enhancing
187	187	6.32or enabling participation in those occupations. It is the promotion of The practice of
188	188	6.33occupational therapy promotes health and well-being through the use of occupational therapy
189	189	6Sec. 20.
190	190	25-02854 as introduced02/04/25 REVISOR AGW/NS 7.1services that includes screening, evaluation, intervention, and consultation to develop,
191	191	7.2recover, and maintain a client's:
192	192	7.3 (1) sensory integrative, neuromuscular, motor, emotional, motivational, cognitive, or
193	193	7.4psychosocial components of performance;
194	194	7.5 (2) daily living skills;
195	195	7.6 (3) feeding and swallowing skills;
196	196	7.7 (4) play and leisure skills;
197	197	7.8 (5) educational participation skills;
198	198	7.9 (6) functional performance and work participation skills;
199	199	7.10 (7) community mobility; and
200	200	7.11 (8) health and wellness.
201	201	7.12 (b) Occupational therapy services include but are not limited to:
202	202	7.13 (1) designing, fabricating, or applying rehabilitative technology, such as selected orthotic
203	203	7.14and prosthetic devices, and providing training in the functional use of these devices;
204	204	7.15 (2) designing, fabricating, or adapting assistive technology and providing training in the
205	205	7.16functional use of assistive devices;
206	206	7.17 (3) adapting environments using assistive technology such as environmental controls,
207	207	7.18wheelchair modifications, and positioning; and
208	208	7.19 (4) employing applying physical agent, manual, and mechanical modalities in preparation
209	209	7.20for or as an adjunct to purposeful activity to meet established functional occupational therapy
210	210	7.21goals; and
211	211	7.22 (5) educating and training individuals including family, caregivers, groups, and
212	212	7.23populations.
213	213	7.24 (c) Occupational therapy services must be based on nationally established standards of
214	214	7.25practice.
215	215	7.26 Sec. 21. Minnesota Statutes 2024, section 148.6405, is amended to read:
216	216	7.27 148.6405 LICENSURE APPLICATION REQUIREMENTS: PROCEDURES AND
217	217	7.28QUALIFICATIONS.
218	218	7.29 (a) An applicant for licensure must comply with the application requirements in section
219	219	7.30148.6420. To qualify for licensure, an applicant must satisfy one of the requirements in
220	220	7Sec. 21.
221	221	25-02854 as introduced02/04/25 REVISOR AGW/NS 8.1paragraphs (b) to (f) section 148.6408 to 148.6415, or 148.645 and not be subject to denial
222	222	8.2of licensure under section 148.6448.
223	223	8.3 (b) A person who applies for licensure as an occupational therapist and who has not
224	224	8.4been credentialed by the National Board for Certification in Occupational Therapy or another
225	225	8.5jurisdiction must meet the requirements in section 148.6408.
226	226	8.6 (c) A person who applies for licensure as an occupational therapy assistant and who has
227	227	8.7not been credentialed by the National Board for Certification in Occupational Therapy or
228	228	8.8another jurisdiction must meet the requirements in section 148.6410.
229	229	8.9 (d) A person who is certified by the National Board for Certification in Occupational
230	230	8.10Therapy may apply for licensure by equivalency and must meet the requirements in section
231	231	8.11148.6412.
232	232	8.12 (e) A person who is credentialed in another jurisdiction and who was previously certified
233	233	8.13by the National Board for Certification in Occupational Therapy may apply for licensure
234	234	8.14by reciprocity and must meet the requirements in section 148.6415.
235	235	8.15 (f) (b) A person who applies for temporary licensure must meet the requirements in
236	236	8.16section 148.6418.
237	237	8.17 (c) A person who applies for licensure under section 148.6408 or 148.6410 more than
238	238	8.18two years after the person's initial NBCOT certification was issued and who has not practiced
239	239	8.19in any jurisdiction must submit:
240	240	8.20 (1) a completed and signed application for licensure on forms provided by the board
241	241	8.21that meet the requirements of section 148.6420, subdivision 1, paragraph (a), clauses (1)
242	242	8.22and (2); and
243	243	8.23 (2) proof of a minimum of 24 continuing education contact hours by an occupational
244	244	8.24therapist applicant, or a minimum of 18 hours by an occupational therapy assistant applicant,
245	245	8.25completed within the two years proceeding the application and meeting the requirements
246	246	8.26of section 148.6443.
247	247	8.27 (g) (d) A person who applies for licensure under paragraph (b), (c), or (f) more than two
248	248	8.28and less than four years after meeting the examination requirements in section 148.6408,
249	249	8.29subdivision 2, or 148.6410, subdivision 2, section 148.6408 or 148.6410 after the person's
250	250	8.30initial NBCOT certification has expired must submit the following:
251	251	8.31 (1) a completed and signed application for licensure on forms provided by the board
252	252	8.32that meet the requirements of section 148.6420, subdivision 1, paragraph (a), clauses (1)
253	253	8.33and (2); and
254	254	8Sec. 21.
255	255	25-02854 as introduced02/04/25 REVISOR AGW/NS 9.1 (2) the license application fee required under section 148.6445; evidence of:
256	256	9.2 (i) completion of an occupational therapy refresher program that contains both theoretical
257	257	9.3and clinical components completed within the last year; or
258	258	9.4 (ii) current NBCOT certification.
259	259	9.5 (3) if applying for occupational therapist licensure, proof of having met a minimum of
260	260	9.624 contact hours of continuing education in the two years preceding licensure application,
261	261	9.7or if applying for occupational therapy assistant licensure, proof of having met a minimum
262	262	9.8of 18 contact hours of continuing education in the two years preceding licensure application;
263	263	9.9 (4) verified documentation of successful completion of 160 hours of supervised practice
264	264	9.10approved by the board under a limited license specified in section 148.6425, subdivision 3,
265	265	9.11paragraph (c); and
266	266	9.12 (5) additional information as requested by the board to clarify information in the
267	267	9.13application, including information to determine whether the individual has engaged in
268	268	9.14conduct warranting disciplinary action under section 148.6448. The information must be
269	269	9.15submitted within 30 calendar days from the date of the board's request.
270	270	9.16 (h) A person who applies for licensure under paragraph (b), (c), or (f) four years or more
271	271	9.17after meeting the examination requirements in section 148.6408, subdivision 2, or 148.6410,
272	272	9.18subdivision 2, must:
273	273	9.19 (1) meet all the requirements in paragraph (g) except clauses (3) and (4);
274	274	9.20 (2) submit documentation of having retaken and achieved a qualifying score on the
275	275	9.21credentialing examination for occupational therapists or occupational therapy assistants, or
276	276	9.22of having completed an occupational therapy refresher program that contains both a
277	277	9.23theoretical and clinical component approved by the board; and
278	278	9.24 (3) submit verified documentation of successful completion of 480 hours of supervised
279	279	9.25practice approved by the board under a limited license specified in section 148.6425,
280	280	9.26subdivision 3, paragraph (c). The 480 hours of supervised practice must be completed in
281	281	9.27six months and may be completed at the applicant's place of work. Only refresher courses
282	282	9.28completed within one year prior to the date of application qualify for approval.
283	283	9.29 Sec. 22. Minnesota Statutes 2024, section 148.6408, is amended by adding a subdivision
284	284	9.30to read:
285	285	9.31 Subd. 1a.Qualifications.To be licensed as an occupational therapist, an applicant must:
286	286	9.32 (1) satisfy the education and examination requirements of subdivisions 1b and 2; or
287	287	9Sec. 22.
288	288	25-02854 as introduced02/04/25 REVISOR AGW/NS 10.1 (2) satisfy the requirements for licensure by equivalency under section 148.6412 or
289	289	10.2licensure by reciprocity under section 148.6415 as applicable based on the current status of
290	290	10.3the applicant's NBCOT certification.
291	291	10.4 Sec. 23. Minnesota Statutes 2024, section 148.6408, subdivision 2, is amended to read:
292	292	10.5 Subd. 2.Qualifying examination score required.(a) An applicant must achieve a
293	293	10.6qualifying score on the credentialing certification examination for occupational therapist.
294	294	10.7 (b) The board shall determine the qualifying score for the credentialing certification
295	295	10.8examination for occupational therapist. In determining the qualifying score, the board shall
296	296	10.9consider the cut score as recommended by the National Board for Certification in
297	297	10.10Occupational Therapy, or other national credentialing certification organization approved
298	298	10.11by the board, using the modified Angoff method for determining cut score or another method
299	299	10.12for determining cut score that is recognized as appropriate and acceptable by industry
300	300	10.13standards.
301	301	10.14 (c) The applicant is responsible for Applicants for licensure must:
302	302	10.15 (1) making make arrangements to take the credentialing certification examination for
303	303	10.16an occupational therapist;
304	304	10.17 (2) bearing bear all expenses associated with taking the examination; and
305	305	10.18 (3) having the examination scores sent directly to the board from the testing service that
306	306	10.19administers the examination submit an application and other materials as required by the
307	307	10.20board under section 148.6420.
308	308	10.21Sec. 24. Minnesota Statutes 2024, section 148.6410, is amended by adding a subdivision
309	309	10.22to read:
310	310	10.23 Subd. 1a.Qualifications.To be licensed as an occupational therapist, an applicant must:
311	311	10.24 (1) satisfy the education and examination requirements of subdivisions 1b and 2; or
312	312	10.25 (2) satisfy the requirements for licensure by equivalency under section 148.6412 or
313	313	10.26licensure by reciprocity under section 148.6415 as applicable based on the current status of
314	314	10.27the applicant's NBCOT certification.
315	315	10Sec. 24.
316	316	25-02854 as introduced02/04/25 REVISOR AGW/NS 11.1 Sec. 25. Minnesota Statutes 2024, section 148.6410, subdivision 2, is amended to read:
317	317	11.2 Subd. 2.Qualifying examination score required.(a) An applicant for licensure must
318	318	11.3achieve a qualifying score on the credentialing certification examination for occupational
319	319	11.4therapy assistants.
320	320	11.5 (b) The board shall determine the qualifying score for the credentialing certification
321	321	11.6examination for occupational therapy assistants. In determining the qualifying score, the
322	322	11.7board shall consider the cut score as recommended by the National Board for Certification
323	323	11.8in Occupational Therapy, or other national credentialing certification organization approved
324	324	11.9by the board, using the modified Angoff method for determining cut score or another method
325	325	11.10for determining cut score that is recognized as appropriate and acceptable by industry
326	326	11.11standards.
327	327	11.12 (c) The applicant is responsible for Applicants for licensure must:
328	328	11.13 (1) making make all arrangements to take the credentialing certification examination
329	329	11.14for occupational therapy assistants;
330	330	11.15 (2) bearing bear all expense associated with taking the examination; and
331	331	11.16 (3) having the examination scores sent directly to the board from the testing service that
332	332	11.17administers the examination submit an application and other materials as required by the
333	333	11.18board under section 148.6420.
334	334	11.19Sec. 26. Minnesota Statutes 2024, section 148.6412, subdivision 2, is amended to read:
335	335	11.20 Subd. 2.Persons currently certified by National Board for Certification in
336	336	11.21Occupational Therapy NBCOT.The board may license any person certified by the National
337	337	11.22Board for Certification in Occupational Therapy who holds current NBCOT certification
338	338	11.23as an occupational therapist if the board determines the requirements for certification are
339	339	11.24equivalent to or exceed the requirements for licensure as an occupational therapist under
340	340	11.25section 148.6408 therapy practitioner. The board may license any person certified by the
341	341	11.26National Board for Certification in Occupational Therapy as an occupational therapy assistant
342	342	11.27if the board determines the requirements for certification are equivalent to or exceed the
343	343	11.28requirements for licensure as an occupational therapy assistant under section 148.6410.
344	344	11.29Nothing in this section limits the board's authority to deny licensure based upon the grounds
345	345	11.30for discipline in sections 148.6401 to 148.6449 148.645.
346	346	11.31Sec. 27. Minnesota Statutes 2024, section 148.6412, subdivision 3, is amended to read:
347	347	11.32 Subd. 3.Application procedures.Applicants for licensure by equivalency must provide:
348	348	11Sec. 27.
349	349	25-02854 as introduced02/04/25 REVISOR AGW/NS 12.1 (1) the application materials as required by section 148.6420, subdivisions subdivision
350	350	12.21, 3, and 4; and.
351	351	12.3 (2) the fees required by section 148.6445.
352	352	12.4 Sec. 28. Minnesota Statutes 2024, section 148.6415, is amended to read:
353	353	12.5 148.6415 LICENSURE BY RECIPROCITY.
354	354	12.6 A person who is not certified by the National Board for Certification in Occupational
355	355	12.7Therapy The board may license any person who does not hold current NBCOT certification
356	356	12.8but who holds a compact privilege or a current credential as an occupational therapist therapy
357	357	12.9practitioner in the District of Columbia or a state or territory of the United States whose
358	358	12.10standards for credentialing are determined by the board to be equivalent to or exceed the
359	359	12.11requirements for licensure under section 148.6408 may be eligible for licensure by reciprocity
360	360	12.12as an occupational therapist. A person who is not certified by the National Board for
361	361	12.13Certification in Occupational Therapy but who holds a current credential as an occupational
362	362	12.14therapy assistant in the District of Columbia or a state or territory of the United States whose
363	363	12.15standards for credentialing are determined by the board to be equivalent to or exceed the
364	364	12.16requirements for licensure under section 148.6410 may be eligible for licensure by reciprocity
365	365	12.17as an occupational therapy assistant. or 148.6410 as an occupational therapy practitioner.
366	366	12.18Nothing in this section limits the board's authority to deny licensure based upon the grounds
367	367	12.19for discipline in sections 148.6401 to 148.6449 148.645. An applicant must provide:
368	368	12.20 (1) the application materials as required by section 148.6420, subdivisions subdivision
369	369	12.211, 3, and 4; and
370	370	12.22 (2) the fees required by section 148.6445;
371	371	12.23 (3) a copy of a current and unrestricted credential for the practice of occupational therapy
372	372	12.24as either an occupational therapist or occupational therapy assistant;
373	373	12.25 (4) a letter from the jurisdiction that issued the credential describing the applicant's
374	374	12.26qualifications that entitled the applicant to receive the credential; and
375	375	12.27 (5) (2) other information necessary to determine whether the credentialing standards of
376	376	12.28the jurisdiction that issued the credential are equivalent to or exceed the requirements for
377	377	12.29licensure under sections 148.6401 to 148.6449 148.645.
378	378	12Sec. 28.
379	379	25-02854 as introduced02/04/25 REVISOR AGW/NS 13.1 Sec. 29. Minnesota Statutes 2024, section 148.6418, is amended to read:
380	380	13.2 148.6418 TEMPORARY LICENSURE.
381	381	13.3 Subdivision 1.Application.The board shall issue temporary licensure as an occupational
382	382	13.4therapist or occupational therapy assistant practitioner to applicants who are not the subject
383	383	13.5of a disciplinary action or past disciplinary action, nor disqualified on the basis of items
384	384	13.6listed in section 148.6448, subdivision 1.
385	385	13.7 Subd. 2.Procedures.To be eligible for temporary licensure, an applicant must submit
386	386	13.8a completed application for temporary licensure on forms provided by the board, the fees
387	387	13.9required by section 148.6445, and one of the following:
388	388	13.10 (1) evidence of successful completion of the requirements in section 148.6408,
389	389	13.11subdivision 1, or 148.6410, subdivision 1;
390	390	13.12 (2) a copy of a current and unrestricted credential for the practice of occupational therapy
391	391	13.13as either an occupational therapist or occupational therapy assistant practitioner in another
392	392	13.14jurisdiction; or
393	393	13.15 (3) a copy of a current and unrestricted certificate certification from the National Board
394	394	13.16for Certification in Occupational Therapy stating that the applicant is certified as an
395	395	13.17occupational therapist or occupational therapy assistant practitioner.
396	396	13.18 Subd. 3.Additional documentation.Persons who are credentialed certified by the
397	397	13.19National Board for Certification in Occupational Therapy or credentialed by another
398	398	13.20jurisdiction must provide an affidavit a statement with the application for temporary licensure
399	399	13.21stating that they are not the subject of a pending investigation or disciplinary action and
400	400	13.22have not been the subject of a disciplinary action in the past.
401	401	13.23 Subd. 4.Supervision required.An applicant who has graduated from an accredited
402	402	13.24occupational therapy program, as required by section 148.6408, subdivision 1, or 148.6410,
403	403	13.25subdivision 1, and who has not passed the examination required by section 148.6408,
404	404	13.26subdivision 2, or 148.6410, subdivision 2, must practice under the supervision of a licensed
405	405	13.27occupational therapist. The supervising therapist must, at a minimum, supervise the person
406	406	13.28working under temporary licensure in the performance of the initial evaluation, determination
407	407	13.29of the appropriate intervention plan, and periodic review and modification of the intervention
408	408	13.30plan. The supervising therapist must observe the person working under temporary licensure
409	409	13.31in order to ensure service competency in carrying out evaluation, intervention planning,
410	410	13.32and intervention implementation. The frequency of face-to-face collaboration between the
411	411	13.33person working under temporary licensure and the supervising therapist must be based on
412	412	13Sec. 29.
413	413	25-02854 as introduced02/04/25 REVISOR AGW/NS 14.1the condition of each patient or client, the complexity of intervention and evaluation
414	414	14.2procedures, and the proficiencies of the person practicing under temporary licensure.
415	415	14.3Following demonstrated service competency of the applicant, supervision must occur no
416	416	14.4less than every ten intervention days or every 30 calendar days, whichever occurs first. The
417	417	14.5occupational therapist or occupational therapy assistant practitioner working under temporary
418	418	14.6licensure must provide verification of supervision on the application form provided by the
419	419	14.7board. Supervising occupational therapists must have a minimum of six months of fully
420	420	14.8licensed practice to supervise a temporary licensee. The occupational therapy practitioner
421	421	14.9working under temporary licensure must notify the board before changing supervision.
422	422	14.10 Subd. 5.Qualifying examination requirement; expiration and renewability.(a) A
423	423	14.11person issued a temporary license pursuant to subdivision 2, clause (1), must demonstrate
424	424	14.12to the board within the temporary licensure period successful completion of the qualifying
425	425	14.13examination requirement under section 148.6408, subdivision 2, or section 148.6410,
426	426	14.14subdivision 2. A temporary license holder who fails the qualifying examination for a second
427	427	14.15time shall have their temporary license revoked effective upon notification to the temporary
428	428	14.16license holder of the examination score. It is the temporary license holder's obligation to
429	429	14.17submit to the board their qualifying examination scores and to refrain from practice if their
430	430	14.18temporary license is revoked. Failure to do so subjects the temporary license holder to
431	431	14.19disciplinary action pursuant to section 148.6448, subdivision 1, clause (5) (6). The board
432	432	14.20must not issue a temporary license to a person with two or more certification examination
433	433	14.21failures.
434	434	14.22 (b) A temporary license expires six months from the date of issuance or on the date the
435	435	14.23board grants or denies licensure, whichever occurs first.
436	436	14.24 (c) A temporary license is not renewable.
437	437	14.25Sec. 30. Minnesota Statutes 2024, section 148.6420, subdivision 1, is amended to read:
438	438	14.26 Subdivision 1.Applications for initial licensure.(a) An applicant for initial licensure
439	439	14.27must:
440	440	14.28 (1) submit a completed application for licensure on forms provided by the board and
441	441	14.29must supply the all information and documentation requested on the application, including:
442	442	14.30 (i) the applicant's name, business address and business telephone number, business
443	443	14.31setting, primary email address, and daytime home or mobile telephone number;
444	444	14.32 (ii) the name and location of the occupational therapy program the applicant completed;
445	445	14Sec. 30.
446	446	25-02854 as introduced02/04/25 REVISOR AGW/NS 15.1 (iii) (ii) a description of the applicant's education and training, including the name and
447	447	15.2location of the occupational therapy program the applicant completed and a list of degrees
448	448	15.3received from all other educational institutions attended;
449	449	15.4 (iv) (iii) the applicant's work history for the six years preceding the application;
450	450	15.5 (v) (iv) a list of all credentials currently and previously held in Minnesota and other
451	451	15.6jurisdictions;
452	452	15.7 (vi) (v) a description of any jurisdiction's refusal to credential the applicant;
453	453	15.8 (vii) (vi) a description of all professional disciplinary actions initiated against the applicant
454	454	15.9in any jurisdiction;
455	455	15.10 (viii) (vii) information on any physical or mental condition or substance use disorder
456	456	15.11that impairs the person's ability to engage in the practice of occupational therapy with
457	457	15.12reasonable judgment or safety;
458	458	15.13 (ix) (viii) a description of any misdemeanor or felony conviction that relates to honesty
459	459	15.14or to the practice of occupational therapy charges or convictions; and
460	460	15.15 (x) (ix) a description of any state or federal court order, including a conciliation court
461	461	15.16judgment or a disciplinary order, related to the individual's occupational therapy practice;
462	462	15.17 (2) submit with the application all fees required by section 148.6445;
463	463	15.18 (3) sign a statement that the information in the application is true and correct to the best
464	464	15.19of the applicant's knowledge and belief;
465	465	15.20 (4) sign a waiver authorizing the board to obtain access to the applicant's records in this
466	466	15.21or any other state in which the applicant holds or previously held a credential for the practice
467	467	15.22of an occupation, has completed an accredited occupational therapy education program, or
468	468	15.23engaged in the practice of occupational therapy;
469	469	15.24 (x) any legal information required under chapter 214;
470	470	15.25 (xi) either documentation to demonstrate the completion of the required education and
471	471	15.26examination requirements under section 148.6408, subdivisions 1b and 2, or 148.6410,
472	472	15.27subdivisions 1b and 2; for applicants for licensure by equivalency under section 148.6412,
473	473	15.28documentation of current NBCOT certification; or for applicants for licensure by reciprocity
474	474	15.29under section 148.6415, documentation submitted directly by the appropriate commission
475	475	15.30or government body verifying the license or credential, or verification from the Compact
476	476	15.31Commission of the applicant's practice status in Compact Commission states;
477	477	15.32 (xii) all application fees required by section 148.6445;
478	478	15Sec. 30.
479	479	25-02854 as introduced02/04/25 REVISOR AGW/NS 16.1 (xiii) evidence of completing a criminal background check according to section 214.075;
480	480	16.2and
481	481	16.3 (xiv) a signed statement affirming that the information in the application is true and
482	482	16.4correct to the best of the applicant's knowledge and belief;
483	483	16.5 (5) (2) submit additional information as requested by the board; and
484	484	16.6 (6) (3) submit the any additional information required for licensure by equivalency,
485	485	16.7licensure by reciprocity, licensure by compact privilege, and temporary licensure as specified
486	486	16.8in sections 148.6408 to 148.6418. and 148.645. An applicant applying under section 148.6418
487	487	16.9is exempt from providing documentation related to a criminal background check under
488	488	16.10clause (1), item (xiii). An applicant applying under section 148.6418, subdivision 4, is
489	489	16.11exempt from providing documentation related to previously held licenses or credentials
490	490	16.12under clause (1), item (iv).
491	491	16.13 (b) The board must not verify the status of an applicant under paragraph (a), clause (1),
492	492	16.14item (xi), by using another jurisdiction's publicly available website unless the other
493	493	16.15jurisdiction fails to provide the requested documentation after the applicant provides
494	494	16.16documentation of making the request.
495	495	16.17Sec. 31. Minnesota Statutes 2024, section 148.6423, subdivision 1, is amended to read:
496	496	16.18 Subdivision 1.Renewal requirements.To be eligible for licensure renewal, a licensee
497	497	16.19must:
498	498	16.20 (1) submit a completed and signed application for licensure renewal; on forms provided
499	499	16.21by the board, including:
500	500	16.22 (i) updated personal information, including the renewal applicant's name, business
501	501	16.23address and business telephone number, primary email address, and home or mobile telephone
502	502	16.24number;
503	503	16.25 (ii) information regarding any change to the renewal applicant's responses to section
504	504	16.26148.6420, subdivision 1, paragraph (a), clause (1), items (v) to (ix);
505	505	16.27 (iii) a signed statement affirming that the information in the renewal application is true
506	506	16.28and correct to the best of the applicant's knowledge and belief; and
507	507	16.29 (iv) any legal information required under chapter 214;
508	508	16.30 (2) submit the renewal fee required under section 148.6445;
509	509	16Sec. 31.
510	510	25-02854 as introduced02/04/25 REVISOR AGW/NS 17.1 (3) if audited, submit proof of having met the continuing education requirement of section
511	511	17.2148.6443; and
512	512	17.3 (4) submit additional information as requested by the board to clarify information
513	513	17.4presented in the renewal application. The information must be submitted within 30 calendar
514	514	17.5days of the board's request.
515	515	17.6 Sec. 32. Minnesota Statutes 2024, section 148.6423, is amended by adding a subdivision
516	516	17.7to read:
517	517	17.8 Subd. 1a.License period.Following the initial license period, a license period begins
518	518	17.9on the first day of the month after the licensee's birth month and must be renewed biennially.
519	519	17.10Sec. 33. Minnesota Statutes 2024, section 148.6423, subdivision 2, is amended to read:
520	520	17.11 Subd. 2.Renewal deadline.(a) Except as provided in paragraph (c), licenses must be
521	521	17.12renewed every two years on or before the first day of the month after the licensee's birth
522	522	17.13month. Licensees must comply with the following procedures in paragraphs (b) to (e).
523	523	17.14 (b) Each license must state an expiration date. An application for licensure renewal must
524	524	17.15be received by the board at least 30 calendar days on or before the expiration date.
525	525	17.16 (c) If the board changes the renewal schedule and the expiration date is less than two
526	526	17.17years, the fee and the continuing education contact hours to be reported at the next renewal
527	527	17.18must be prorated.
528	528	17.19 (d) An application for licensure renewal not received within the time required under
529	529	17.20paragraph (b), but received on or before the expiration date, must be accompanied by a late
530	530	17.21fee in addition to the renewal fee specified by section 148.6445.
531	531	17.22 (e) Licensure renewals received after the expiration date must comply with the
532	532	17.23requirements of section 148.6425.
533	533	17.24Sec. 34. Minnesota Statutes 2024, section 148.6425, subdivision 2, is amended to read:
534	534	17.25 Subd. 2.Licensure renewal within one year after licensure expiration date.A licensee
535	535	17.26whose application for licensure renewal is received after the licensure expiration date but
536	536	17.27within one year of the expiration date must submit the following:
537	537	17.28 (1) a completed and signed renewal application for licensure following lapse in licensed
538	538	17.29status; on forms provided by the board, including:
539	539	17Sec. 34.
540	540	25-02854 as introduced02/04/25 REVISOR AGW/NS 18.1 (i) updated personal information, including the renewal applicant's name, business
541	541	18.2address and business telephone number, primary email address, and home or mobile telephone
542	542	18.3number;
543	543	18.4 (ii) information regarding any change to the renewal applicant's responses to section
544	544	18.5148.6420, subdivision 1, paragraph (a), clause (1), items (v) to (ix);
545	545	18.6 (iii) a signed statement affirming that the information in the renewal application is true
546	546	18.7and correct to the best of the applicant's knowledge and belief;
547	547	18.8 (iv) information regarding any change to the renewal applicant's responses to section
548	548	18.9148.6420, subdivision 1, paragraph (a), clause (1), item (xi);
549	549	18.10 (v) NBCOT verification of certification documentation; and
550	550	18.11 (vi) any legal information required under chapter 214;
551	551	18.12 (2) the renewal fee and the late fee required under section 148.6445;
552	552	18.13 (3) proof of having met the continuing education requirements in section 148.6443,
553	553	18.14subdivision 1; and
554	554	18.15 (4) an employment verification form; and
555	555	18.16 (4) (5) additional information as requested by the board to clarify information in the
556	556	18.17application, including information to determine whether the licensee has engaged in conduct
557	557	18.18warranting disciplinary action as set forth in section 148.6448. The information must be
558	558	18.19submitted within 30 calendar days from the date of the board's request.
559	559	18.20Sec. 35. Minnesota Statutes 2024, section 148.6425, is amended by adding a subdivision
560	560	18.21to read:
561	561	18.22 Subd. 4.Licensure renewal within two years after license expiration date.A licensee
562	562	18.23whose application for license renewal is received more than one year but less than two years
563	563	18.24after the expiration date must submit the following:
564	564	18.25 (1) a completed and signed renewal application for licensure following lapse in licensed
565	565	18.26status on forms provided by the board, including all information listed in subdivision 2,
566	566	18.27clause (1);
567	567	18.28 (2) the renewal fee and the late fee required under section 148.6445;
568	568	18.29 (3) proof of having met the continuing education requirements in section 148.6443;
569	569	18.30 (4) an employment verification form;
570	570	18Sec. 35.
571	571	25-02854 as introduced02/04/25 REVISOR AGW/NS 19.1 (5) evidence of completion of a criminal background check as required under section
572	572	19.2214.075 and the associated fee; and
573	573	19.3 (6) additional information as requested by the board to clarify information in the
574	574	19.4application, including information to determine whether the licensee has engaged in conduct
575	575	19.5warranting disciplinary action as set forth in section 148.6448. The information must be
576	576	19.6submitted within 30 calendar days from the date of the board's request.
577	577	19.7 Sec. 36. Minnesota Statutes 2024, section 148.6425, is amended by adding a subdivision
578	578	19.8to read:
579	579	19.9 Subd. 5.Expiration due to nonrenewal after two years.The board shall not renew,
580	580	19.10reissue, reinstate, or restore a license that is not subject to a pending review, investigation,
581	581	19.11or disciplinary action and has not been renewed within one biennial renewal cycle of the
582	582	19.12license expiration. An individual whose license has expired under this subdivision for
583	583	19.13nonrenewal must obtain a new license by applying for licensure and fulfilling all requirements
584	584	19.14then in existence for an initial license to practice occupational therapy in Minnesota.
585	585	19.15Sec. 37. Minnesota Statutes 2024, section 148.6428, is amended to read:
586	586	19.16 148.6428 CHANGE OF CONTACT INFORMATION OR EMPLOYMENT .
587	587	19.17 A licensee who changes a name, primary email address, address, employment, business
588	588	19.18address, or business telephone number must inform the board of the change of name, primary
589	589	19.19email address, address, employment, business address, or business telephone number within
590	590	19.2030 calendar days from the effective date of the change. A change in name must be
591	591	19.21accompanied by a copy of a marriage certificate, government-issued identification card,
592	592	19.22Social Security card, or court order. All notices or other correspondence served on a licensee
593	593	19.23by the board at the licensee's contact information on file with the board must be considered
594	594	19.24as having been received by the licensee.
595	595	19.25Sec. 38. [148.6431] JURISPRUDENCE EXAMINATION.
596	596	19.26 The board may require occupational therapy practitioners to take an open-book
597	597	19.27jurisprudence examination on state laws and rules regarding the practice of occupational
598	598	19.28therapy and occupational therapy assisting.
599	599	19.29Sec. 39. Minnesota Statutes 2024, section 148.6432, subdivision 1, is amended to read:
600	600	19.30 Subdivision 1.Applicability.If the professional standards identified in section 148.6430
601	601	19.31subdivision 1a permit an occupational therapist to delegate an evaluation, reevaluation, or
602	602	19Sec. 39.
603	603	25-02854 as introduced02/04/25 REVISOR AGW/NS 20.1treatment procedure, the occupational therapist must provide supervision consistent with
604	604	20.2this section.
605	605	20.3 Sec. 40. Minnesota Statutes 2024, section 148.6432, is amended by adding a subdivision
606	606	20.4to read:
607	607	20.5 Subd. 1a.Delegation of duties.(a) The occupational therapist may delegate to an
608	608	20.6occupational therapy assistant those portions of the client's evaluation, reevaluation, and
609	609	20.7intervention that, according to prevailing national practice standards, can be performed by
610	610	20.8an occupational therapy assistant.
611	611	20.9 (b) The occupational therapist is responsible for all duties delegated to the occupational
612	612	20.10therapy assistant.
613	613	20.11 (c) The occupational therapist may not delegate portions of an evaluation or reevaluation
614	614	20.12of a person whose condition is changing rapidly.
615	615	20.13Sec. 41. Minnesota Statutes 2024, section 148.6432, subdivision 2, is amended to read:
616	616	20.14 Subd. 2.Evaluations.The occupational therapist shall determine the frequency of
617	617	20.15evaluations and reevaluations for each client. The occupational therapy assistant shall inform
618	618	20.16the occupational therapist of the need for more frequent reevaluation if indicated by the
619	619	20.17client's condition or response to treatment. Before delegating a portion of a client's evaluation
620	620	20.18pursuant to section 148.6430 subdivision 1a, the occupational therapist shall ensure the
621	621	20.19service competency of the occupational therapy assistant in performing the evaluation
622	622	20.20procedure and shall provide supervision consistent with the condition of the patient or client
623	623	20.21and the complexity of the evaluation procedure.
624	624	20.22Sec. 42. Minnesota Statutes 2024, section 148.6432, subdivision 3, is amended to read:
625	625	20.23 Subd. 3.Intervention.(a) The occupational therapist must determine the frequency and
626	626	20.24manner of supervision of an occupational therapy assistant performing intervention
627	627	20.25procedures delegated pursuant to section 148.6430 subdivision 1a based on the condition
628	628	20.26of the patient or client, the complexity of the intervention procedure, and the service
629	629	20.27competency of the occupational therapy assistant.
630	630	20.28 (b) Face-to-face collaboration between the occupational therapist and the occupational
631	631	20.29therapy assistant must occur for all clients every ten intervention days or every 30 days,
632	632	20.30whichever comes first, during which time the occupational therapist is responsible for:
633	633	20Sec. 42.
634	634	25-02854 as introduced02/04/25 REVISOR AGW/NS 21.1 (1) planning and documenting an initial intervention plan and discharge from
635	635	21.2interventions;
636	636	21.3 (2) reviewing intervention goals, therapy programs, and client progress;
637	637	21.4 (3) supervising changes in the intervention plan;
638	638	21.5 (4) conducting or observing intervention procedures for selected clients and documenting
639	639	21.6appropriateness of intervention procedures. Clients must be selected based on the
640	640	21.7occupational therapy services provided to the client and the role of the occupational therapist
641	641	21.8and the occupational therapy assistant in those services; and
642	642	21.9 (5) ensuring the service competency of the occupational therapy assistant in performing
643	643	21.10delegated intervention procedures.
644	644	21.11 (c) Face-to-face collaboration must occur more frequently if necessary to meet the
645	645	21.12requirements of paragraph (a) or (b).
646	646	21.13 (d) The occupational therapist must document compliance with this subdivision in the
647	647	21.14client's file or chart.
648	648	21.15Sec. 43. Minnesota Statutes 2024, section 148.6432, subdivision 4, is amended to read:
649	649	21.16 Subd. 4.Exception.(a) The supervision requirements of this section do not apply to an
650	650	21.17occupational therapy assistant who:
651	651	21.18 (1) works in an activities program; and
652	652	21.19 (2) does not perform occupational therapy services.
653	653	21.20 (b) The occupational therapy assistant must meet all other applicable requirements of
654	654	21.21sections 148.6401 to 148.6449 148.645.
655	655	21.22Sec. 44. Minnesota Statutes 2024, section 148.6435, is amended to read:
656	656	21.23 148.6435 COORDINATION OF SERVICES.
657	657	21.24 An occupational therapist must:
658	658	21.25 (1) collect information necessary to ensure that the provision of occupational therapy
659	659	21.26services are consistent with the client's physical and mental health status. The information
660	660	21.27required to make this determination may include, but is not limited to, contacting the client's
661	661	21.28licensed health care professional for health history, current health status, current medications,
662	662	21.29and precautions;
663	663	21Sec. 44.
664	664	25-02854 as introduced02/04/25 REVISOR AGW/NS 22.1 (2) modify or terminate occupational therapy intervention of a client that is not beneficial
665	665	22.2to the client, not tolerated by the client, or refused by the client, and if intervention was
666	666	22.3terminated for a medical reason, notify the client's licensed health care professional by
667	667	22.4correspondence postmarked or delivered to the licensed health care professional within one
668	668	22.5week of the termination of intervention;
669	669	22.6 (3) (2) refer a client to an appropriate health care, social service, or education practitioner
670	670	22.7if the client's condition requires services not within the occupational therapist's service
671	671	22.8competency or not within the practice of occupational therapy generally, or if the client's
672	672	22.9acuity warrants alternative care; and
673	673	22.10 (4) (3) participate and cooperate in the coordination of occupational therapy services
674	674	22.11with other related services, as a member of the professional community serving the client.
675	675	22.12Sec. 45. Minnesota Statutes 2024, section 148.6438, is amended to read:
676	676	22.13 148.6438 RECIPIENT NOTIFICATION.
677	677	22.14 Subdivision 1.Required notification.(a) In the absence of a physician, advanced
678	678	22.15practice registered nurse, or physician assistant licensed health care provider referral or
679	679	22.16prior authorization, and before providing occupational therapy services for remuneration
680	680	22.17or expectation of payment from the client, an occupational therapist must provide the
681	681	22.18following written notification in all capital letters of 12-point or larger boldface type, to the
682	682	22.19client, parent, or guardian in a format meeting national accessibility standards and the needs
683	683	22.20of the client, parent, or guardian:
684	684	22.21 "Your health care provider, insurer, or plan may require a physician, advanced practice
685	685	22.22registered nurse, or physician assistant licensed health care provider referral or prior
686	686	22.23authorization and you may be obligated for partial or full payment for occupational therapy
687	687	22.24services rendered."
688	688	22.25 (b) Information other than this notification may be included as long as the notification
689	689	22.26remains conspicuous on the face of the document. A nonwritten disclosure format may be
690	690	22.27used to satisfy the recipient notification requirement when necessary to accommodate the
691	691	22.28physical condition of a client or client's guardian.
692	692	22.29 Subd. 2.Evidence of recipient notification.The occupational therapist is responsible
693	693	22.30for providing evidence of compliance with the recipient notification requirement of this
694	694	22.31section with documentation of the client, parent, or guardian agreement.
695	695	22Sec. 45.
696	696	25-02854 as introduced02/04/25 REVISOR AGW/NS 23.1 Sec. 46. Minnesota Statutes 2024, section 148.6443, subdivision 3, is amended to read:
697	697	23.2 Subd. 3.Activities qualifying for continuing education contact hours.(a) The activities
698	698	23.3in this subdivision qualify for continuing education contact hours if they meet all other
699	699	23.4requirements of this section.
700	700	23.5 (b) A minimum of one-half of the required contact hours must be directly related to
701	701	23.6occupational therapy practice. The remaining contact hours may be related to occupational
702	702	23.7therapy practice, the delivery of occupational therapy services, or to the practitioner's current
703	703	23.8professional role.
704	704	23.9 (c) A licensee may obtain an unlimited number of contact hours in any two-year
705	705	23.10continuing education period through participation in the following:
706	706	23.11 (1) attendance at educational programs of annual conferences, lectures, panel discussions,
707	707	23.12workshops, in-service training, seminars, and symposiums;
708	708	23.13 (2) successful completion of college or university courses. The licensee must obtain a
709	709	23.14grade of at least a "C" or a pass in a pass/fail course in order to receive credit. One college
710	710	23.15credit equals six continuing education contact hours; or
711	711	23.16 (3) successful completion of home study courses that require the participant to
712	712	23.17demonstrate the participant's knowledge following completion of the course provide
713	713	23.18documentation that the course was completed and that meet the requirements in subdivision
714	714	23.192.
715	715	23.20 (d) A licensee may obtain a maximum of one-half of the required contact hours in any
716	716	23.21two-year continuing education period for:
717	717	23.22 (1) teaching continuing education or occupational therapy related courses that meet the
718	718	23.23requirements of this section. A licensee is entitled to earn a maximum of two contact hours
719	719	23.24as preparation time for each contact hour of presentation time. Contact hours may be claimed
720	720	23.25only once for teaching the same course in any two-year continuing education period. A
721	721	23.26course schedule or brochure must be maintained for audit;
722	722	23.27 (2) supervising occupational therapist or occupational therapy assistant students. A
723	723	23.28licensee may earn one contact hour for every eight hours of student supervision. Licensees
724	724	23.29must ensure they receive documentation regarding each student supervised and the dates
725	725	23.30and hours each student was supervised. Contact hours obtained by student supervision must
726	726	23.31be obtained by supervising students from an occupational therapy education program
727	727	23.32accredited by the Accreditation Council for Occupational Therapy Education; and
728	728	23Sec. 46.
729	729	25-02854 as introduced02/04/25 REVISOR AGW/NS 24.1 (3) teaching or participating in courses related to leisure activities, recreational activities,
730	730	24.2or hobbies if the practitioner uses these interventions within the practitioner's current practice
731	731	24.3or employment; and
732	732	24.4 (4) (3) engaging in research activities or outcome studies that are related to the practice
733	733	24.5of occupational therapy and associated with grants, postgraduate studies, or publications in
734	734	24.6professional journals or books.
735	735	24.7 (e) A licensee may obtain a maximum of two contact hours in any two-year continuing
736	736	24.8education period for continuing education activities in the following areas:
737	737	24.9 (1) personal skill topics: career burnout, communication skills, human relations, and
738	738	24.10similar topics;
739	739	24.11 (2) training that is obtained in conjunction with a licensee's employment, occurs during
740	740	24.12a licensee's normal workday, and does not include subject matter specific to the fundamentals
741	741	24.13of occupational therapy basic life support and CPR training; and
742	742	24.14 (3) participation for a minimum of one year on a professional committee or board.
743	743	24.15Sec. 47. Minnesota Statutes 2024, section 148.6443, subdivision 4, is amended to read:
744	744	24.16 Subd. 4.Activities not qualifying for continuing education contact hours.Credit
745	745	24.17must not be granted for the following activities: hospital patient rounds,; entertainment or
746	746	24.18recreational activities,; volunteering; noneducational association meetings,; and employment
747	747	24.19orientation sessions and meetings, including but not limited to training required at the
748	748	24.20beginning of employment, annually, or routinely that is related to the employer's organization
749	749	24.21requirements.
750	750	24.22Sec. 48. Minnesota Statutes 2024, section 148.6443, subdivision 5, is amended to read:
751	751	24.23 Subd. 5.Reporting continuing education contact hours.Each licensee must use the
752	752	24.24continuing education reporting form to verify meeting the continuing education requirements
753	753	24.25of this section. The licensee must maintain documentation, including but not limited to a
754	754	24.26signed certificate, transcript, or similar evidence of participation in an activity. The
755	755	24.27documentation must include a:
756	756	24.28 (1) the title of the continuing education activity;
757	757	24.29 (2) a brief description of the continuing education activity prepared by the presenter or
758	758	24.30sponsor;
759	759	24.31 (3) the name of the sponsor, presenter, or author;
760	760	24Sec. 48.
761	761	25-02854 as introduced02/04/25 REVISOR AGW/NS 25.1 (4) the location and attendance dates;
762	762	25.2 (5) the number of contact hours; and
763	763	25.3 (6) the licensee's name.
764	764	25.4 Sec. 49. Minnesota Statutes 2024, section 148.6443, subdivision 6, is amended to read:
765	765	25.5 Subd. 6.Auditing continuing education reports.(a) The board may audit a percentage
766	766	25.6of the continuing education reports based on random selection. A licensee shall maintain
767	767	25.7all documentation required by this section for two years after the last day of the biennial
768	768	25.8licensure period in which the contact hours were earned.
769	769	25.9 (b) All renewal applications that are received after the expiration date may be subject
770	770	25.10to a continuing education report audit.
771	771	25.11 (c) Any licensee against whom a complaint is filed may be subject to a continuing
772	772	25.12education report audit.
773	773	25.13 (d) The licensee shall make the following information available to the board for auditing
774	774	25.14purposes:
775	775	25.15 (1) a copy of the completed continuing education reporting form for the continuing
776	776	25.16education reporting period that is the subject of the audit including all supporting
777	777	25.17documentation required by subdivision 5;
778	778	25.18 (2) documentation of university, college, or vocational school courses by a transcript
779	779	25.19and a course syllabus, listing in a course bulletin, or equivalent documentation that includes
780	780	25.20the course title, instructor's name, course dates, number of contact hours, and course content,
781	781	25.21objectives, or goals; and
782	782	25.22 (3) verification of attendance by that meets the requirements of subdivision 5 by
783	783	25.23submitting:
784	784	25.24 (i) a signature of certificate of attendance, or if a certificate is not available, other
785	785	25.25documentation from the presenter or a designee at the continuing education activity on the
786	786	25.26continuing education report form or a certificate of attendance with the course name, course
787	787	25.27date, and licensee's name submitted directly to the board confirming the requirements; or
788	788	25.28 (ii) a summary or outline of the educational content of an audio or video educational
789	789	25.29activity to verify the licensee's participation in the activity if a designee is not available to
790	790	25.30sign the continuing education report form; or
791	791	25Sec. 49.
792	792	25-02854 as introduced02/04/25 REVISOR AGW/NS 26.1 (iii) (ii) verification of self-study programs by a certificate of completion or other
793	793	26.2documentation indicating that the individual has demonstrated knowledge and has
794	794	26.3successfully completed the program.
795	795	26.4 Sec. 50. Minnesota Statutes 2024, section 148.6443, subdivision 7, is amended to read:
796	796	26.5 Subd. 7.Waiver Deferral of continuing education requirements.The board may
797	797	26.6waive or defer all or part of the continuing education requirements of this section if the
798	798	26.7licensee submits a written request and provides satisfactory evidence to the board of illness,
799	799	26.8injury, financial hardship, family hardship, or other similar extenuating circumstances that
800	800	26.9preclude completion of the requirements during the licensure period. The request for a
801	801	26.10waiver deferral must be in writing, state the circumstances that constitute hardship, state
802	802	26.11the period of time the licensee wishes to have the continuing education requirement waived
803	803	26.12deferred, and state the alternative measures that will be taken if a waiver deferral is granted.
804	804	26.13The board must set forth, in writing, the reasons for granting or denying the waiver deferral.
805	805	26.14Waivers Deferrals granted by the board must specify, in writing, the time limitation and
806	806	26.15required alternative measures to be taken by the licensee. A request for waiver deferral must
807	807	26.16be denied if the board finds that the circumstances stated by the licensee do not support a
808	808	26.17claim of hardship, the requested time period for waiver deferral is unreasonable, the
809	809	26.18alternative measures proposed by the licensee are not equivalent to the continuing education
810	810	26.19activity being waived deferred, or the request for waiver deferral is not submitted to the
811	811	26.20board within 60 calendar days of the expiration date.
812	812	26.21Sec. 51. Minnesota Statutes 2024, section 148.6443, subdivision 8, is amended to read:
813	813	26.22 Subd. 8.Penalties for noncompliance.The board shall refuse to renew or grant, or
814	814	26.23shall suspend, condition, limit, or otherwise qualify the license of any person who the board
815	815	26.24determines has failed to comply with the continuing education requirements of this section.
816	816	26.25A licensee may request reconsideration of the board's determination of noncompliance or
817	817	26.26the penalty imposed under this section by making a written request to the board within 30
818	818	26.27calendar days of the date of notification to the applicant. Individuals requesting
819	819	26.28reconsideration may submit information that the licensee wants considered in the
820	820	26.29reconsideration.
821	821	26.30Sec. 52. Minnesota Statutes 2024, section 148.6445, is amended by adding a subdivision
822	822	26.31to read:
823	823	26.32 Subd. 5a.Compact privilege fee.The fee for interstate licensure compact privilege to
824	824	26.33practice is $150.
825	825	26Sec. 52.
826	826	25-02854 as introduced02/04/25 REVISOR AGW/NS 27.1 Sec. 53. Minnesota Statutes 2024, section 148.6445, is amended by adding a subdivision
827	827	27.2to read:
828	828	27.3 Subd. 7a.Active mailing list.The fee for the standard active licensee mailing list
829	829	27.4delivered electronically is $500.
830	830	27.5 Sec. 54. Minnesota Statutes 2024, section 148.6448, subdivision 1, is amended to read:
831	831	27.6 Subdivision 1.Grounds for denial of licensure or discipline.The board may deny an
832	832	27.7application for licensure, may approve licensure with conditions, or may discipline a licensee
833	833	27.8using any disciplinary actions listed in subdivision 3 on proof that the individual has:
834	834	27.9 (1) intentionally submitted false or misleading information to the board;
835	835	27.10 (2) obtained a license by means of fraud, misrepresentation, or concealment of material
836	836	27.11facts;
837	837	27.12 (3) failed, within 30 days, to provide information in response to a written request by the
838	838	27.13board;
839	839	27.14 (3) (4) performed services of an occupational therapist or occupational therapy assistant
840	840	27.15practitioner in an incompetent manner or in a manner that falls below the community standard
841	841	27.16of care or national practice standards of care;
842	842	27.17 (4) (5) failed to satisfactorily perform occupational therapy services during a period of
843	843	27.18temporary licensure;
844	844	27.19 (5) (6) violated sections 148.6401 to 148.6449 148.645;
845	845	27.20 (6) (7) failed to perform services with reasonable judgment, skill, or safety due to the
846	846	27.21use of alcohol or drugs, or other physical or mental impairment;
847	847	27.22 (7) (8) been convicted of violating any state or federal law, rule, or regulation which
848	848	27.23directly reasonably relates to the practice of occupational therapy;
849	849	27.24 (9) failed to report other licensees that have violated sections 148.6401 to 148.645;
850	850	27.25 (8) (10) aided or abetted another person in violating any provision of sections 148.6401
851	851	27.26to 148.6449 148.645;
852	852	27.27 (9) (11) been disciplined for conduct in the practice of an occupation by the state of
853	853	27.28Minnesota, another jurisdiction, or a national professional association, if any of the grounds
854	854	27.29for discipline are the same or substantially equivalent to those in sections 148.6401 to
855	855	27.30148.6449 148.645;
856	856	27Sec. 54.
857	857	25-02854 as introduced02/04/25 REVISOR AGW/NS 28.1 (10) (12) not cooperated with the board in an investigation conducted according to
858	858	28.2subdivision 2;
859	859	28.3 (11) (13) advertised in a manner that is false or misleading;
860	860	28.4 (12) (14) engaged in dishonest, unethical, or unprofessional conduct in connection with
861	861	28.5the practice of occupational therapy that is likely to deceive, defraud, or harm the public;
862	862	28.6 (15) improperly managed client records, including but not limited to failure to maintain
863	863	28.7client records in a manner that meets community standards of care or nationally accepted
864	864	28.8practice standards;
865	865	28.9 (13) (16) demonstrated a willful or careless disregard for the health, welfare, or safety
866	866	28.10of a client;
867	867	28.11 (17) inappropriately supervised or delegated or assigned tasks to an occupational therapy
868	868	28.12assistant, occupational therapy student, rehabilitation aide, or other licensed professional;
869	869	28.13 (14) (18) performed medical diagnosis or provided intervention, other than occupational
870	870	28.14therapy, without being licensed to do so under the laws of this state;
871	871	28.15 (15) (19) paid or promised to pay a commission or part of a fee to any person who
872	872	28.16contacts the occupational therapist therapy practitioner for consultation or sends patients to
873	873	28.17the occupational therapist therapy practitioner for intervention;
874	874	28.18 (16) (20) engaged in an incentive payment arrangement, other than that prohibited by
875	875	28.19clause (15) (19), that promotes occupational therapy overutilization, whereby the referring
876	876	28.20person or person who controls the availability of occupational therapy services to a client
877	877	28.21profits unreasonably as a result of client intervention;
878	878	28.22 (17) (21) engaged in abusive or fraudulent billing practices, including violations of
879	879	28.23federal Medicare and Medicaid laws, Food and Drug Administration regulations, or state
880	880	28.24medical assistance laws;
881	881	28.25 (18) (22) obtained money, property, or services from a consumer through the use of
882	882	28.26undue influence, high pressure sales tactics, harassment, duress, deception, or fraud;
883	883	28.27 (19) (23) performed services for a client who had no possibility of benefiting from the
884	884	28.28services;
885	885	28.29 (20) (24) failed to refer a client for medical evaluation when appropriate or when a client
886	886	28.30indicated symptoms associated with diseases that could be medically or surgically treated;
887	887	28Sec. 54.
888	888	25-02854 as introduced02/04/25 REVISOR AGW/NS 29.1 (21) (25) engaged in conduct with a client that is sexual or may reasonably be interpreted
889	889	29.2by the client as sexual, or in any verbal behavior that is seductive or sexually demeaning to
890	890	29.3a patient;
891	891	29.4 (22) (26) violated a federal or state court order, including a conciliation court judgment,
892	892	29.5or a disciplinary order issued by the board, related to the person's occupational therapy
893	893	29.6practice; or
894	894	29.7 (23) (27) any other just cause related to the practice of occupational therapy.
895	895	29.8 Sec. 55. Minnesota Statutes 2024, section 148.6448, subdivision 2, is amended to read:
896	896	29.9 Subd. 2.Investigation of complaints.The board may initiate an investigation upon
897	897	29.10receiving a complaint or other oral or written communication that alleges or implies that a
898	898	29.11person has violated sections 148.6401 to 148.6449 148.645. In the receipt, investigation,
899	899	29.12and hearing of a complaint that alleges or implies a person has violated sections 148.6401
900	900	29.13to 148.6449 148.645, the board must follow the procedures in sections 214.10 and 214.103.
901	901	29.14Sec. 56. Minnesota Statutes 2024, section 148.6448, subdivision 4, is amended to read:
902	902	29.15 Subd. 4.Effect of specific disciplinary action on use of title.Upon notice from the
903	903	29.16board denying licensure renewal or upon notice that disciplinary actions have been imposed
904	904	29.17and the person is no longer entitled to practice occupational therapy and use the occupational
905	905	29.18therapy and licensed titles, the person shall cease to practice occupational therapy, to use
906	906	29.19titles protected by sections 148.6401 to 148.6449 148.645, and to represent to the public
907	907	29.20that the person is licensed by the board.
908	908	29.21Sec. 57. Minnesota Statutes 2024, section 148.6448, subdivision 6, is amended to read:
909	909	29.22 Subd. 6.Authority to contract.The board shall contract with the health professionals
910	910	29.23services program as authorized by sections 214.31 to 214.37 to provide these services to
911	911	29.24practitioners under this chapter. The health professionals services program does not affect
912	912	29.25the board's authority to discipline violations of sections 148.6401 to 148.6449 148.645.
913	913	29.26Sec. 58. Minnesota Statutes 2024, section 148.6449, subdivision 1, is amended to read:
914	914	29.27 Subdivision 1.Creation.The Board of Occupational Therapy Practice consists of 11
915	915	29.28members appointed by the governor. The members are:
916	916	29.29 (1) five occupational therapists licensed under sections 148.6401 to 148.6449 148.645;
917	917	29Sec. 58.
918	918	25-02854 as introduced02/04/25 REVISOR AGW/NS 30.1 (2) three occupational therapy assistants licensed under sections 148.6401 to 148.6449
919	919	30.2148.645; and
920	920	30.3 (3) three public members, including two members who have received occupational
921	921	30.4therapy services or have a family member who has received occupational therapy services,
922	922	30.5and one member who is a health care professional or health care provider licensed in
923	923	30.6Minnesota.
924	924	30.7 Sec. 59. Minnesota Statutes 2024, section 148.6449, subdivision 2, is amended to read:
925	925	30.8 Subd. 2.Qualifications of board members.(a) The occupational therapy practitioners
926	926	30.9appointed to the board must represent a variety of practice areas and settings.
927	927	30.10 (b) At least two occupational therapy practitioners three members of the board must be
928	928	30.11employed or reside outside the seven-county metropolitan area.
929	929	30.12 (c) Board members must not serve for more than two full consecutive terms.
930	930	30.13 (d) Interstate licensure compact privilege holders are not eligible to serve on the board.
931	931	30.14Sec. 60. Minnesota Statutes 2024, section 148.6449, subdivision 7, is amended to read:
932	932	30.15 Subd. 7.Duties of the Board of Occupational Therapy Practice.(a) The board shall:
933	933	30.16 (1) adopt and enforce rules and laws necessary for licensing occupational therapy
934	934	30.17practitioners;
935	935	30.18 (2) adopt and enforce rules for regulating the professional conduct of the practice of
936	936	30.19occupational therapy;
937	937	30.20 (3) issue licenses to qualified individuals in accordance with sections 148.6401 to
938	938	30.21148.6449 148.645;
939	939	30.22 (4) assess and collect fees for the issuance and renewal of licenses;
940	940	30.23 (5) educate the public about the requirements for licensing occupational therapy
941	941	30.24practitioners, educate occupational therapy practitioners about the rules of conduct, and
942	942	30.25enable the public to file complaints against applicants and licensees who may have violated
943	943	30.26sections 148.6401 to 148.6449 148.645; and
944	944	30.27 (6) investigate individuals engaging in practices that violate sections 148.6401 to
945	945	30.28148.6449 148.645 and take necessary disciplinary, corrective, or other action according to
946	946	30.29section 148.6448.
947	947	30Sec. 60.
948	948	25-02854 as introduced02/04/25 REVISOR AGW/NS 31.1 (b) The board may adopt rules necessary to define standards or carry out the provisions
949	949	31.2of sections 148.6401 to 148.6449 148.645. Rules shall be adopted according to chapter 14.
950	950	31.3 Sec. 61. REVISOR INSTRUCTION.
951	951	31.4 (a) The revisor of statutes shall renumber Minnesota Statutes, section 148.6408,
952	952	31.5subdivision 1, as Minnesota Statutes, section 148.6408, subdivision 1b.
953	953	31.6 (b) The revisor of statutes shall renumber Minnesota Statutes, section 148.6410,
954	954	31.7subdivision 1, as Minnesota Statutes, section 148.6410, subdivision 1b.
955	955	31.8 Sec. 62. REPEALER.
956	956	31.9 Minnesota Statutes 2024, sections 148.6402, subdivision 22a; 148.6420, subdivisions
957	957	31.102, 3, and 4; 148.6423, subdivisions 4, 5, 7, 8, and 9; 148.6425, subdivision 3; 148.6430;
958	958	31.11and 148.6445, subdivisions 5, 6, and 8, are repealed.
959	959	31Sec. 62.
960	960	25-02854 as introduced02/04/25 REVISOR AGW/NS 148.6402 DEFINITIONS.
961	961	Subd. 22a.Limited license."Limited license" means a license issued according to section
962	962	148.6425, subdivision 3, paragraph (c), to persons who for two years or more did not apply for a
963	963	license after meeting the requirements in section 148.6408 or 148.6410 or who allowed their license
964	964	to lapse for four years or more.
965	965	148.6420 APPLICATION REQUIREMENTS.
966	966	Subd. 2.Persons applying for licensure under section 148.6408 or 148.6410.Persons applying
967	967	for licensure under section 148.6408 or 148.6410 must submit the materials required in subdivision
968	968	1 and the following:
969	969	(1) a certificate of successful completion of the requirements in section 148.6408, subdivision
970	970	1, or 148.6410, subdivision 1; and
971	971	(2) the applicant's test results from the examining agency, as evidence that the applicant received
972	972	a qualifying score on a credentialing examination meeting the requirements of section 148.6408,
973	973	subdivision 2, or 148.6410, subdivision 2.
974	974	Subd. 3.Applicants certified by National Board for Certification in Occupational
975	975	Therapy.An applicant who is certified by the National Board for Certification in Occupational
976	976	Therapy must provide the materials required in subdivision 1 and the following:
977	977	(1) verified documentation from the National Board for Certification in Occupational Therapy
978	978	stating that the applicant is certified as an occupational therapist, registered or certified occupational
979	979	therapy assistant, the date certification was granted, and the applicant's certification number. The
980	980	document must also include a statement regarding disciplinary actions. The applicant is responsible
981	981	for obtaining this documentation by sending a form provided by the board to the National Board
982	982	for Certification in Occupational Therapy; and
983	983	(2) a waiver authorizing the board to obtain access to the applicant's records maintained by the
984	984	National Board for Certification in Occupational Therapy.
985	985	Subd. 4.Applicants credentialed in another jurisdiction.In addition to providing the materials
986	986	required in subdivision 1, an applicant credentialed in another jurisdiction must request that the
987	987	appropriate government body in each jurisdiction in which the applicant holds or held an occupational
988	988	therapy credential provide documentation to the board that verifies the applicant's credentials.
989	989	Except as provided in section 148.6418, a license must not be issued until the board receives
990	990	verification of each of the applicant's credentials. Each verification must include the applicant's
991	991	name and date of birth, credential number and date of issuance, a statement regarding investigations
992	992	pending and disciplinary actions taken or pending against the applicant, current status of the
993	993	credential, and the terms under which the credential was issued.
994	994	148.6423 LICENSURE RENEWAL.
995	995	Subd. 4.License renewal cycle conversion.The license renewal cycle for occupational therapy
996	996	licensees is converted to a two-year cycle where renewal is due on the last day of the licensee's
997	997	month of birth. Conversion pursuant to this section begins January 1, 2021. This section governs
998	998	license renewal procedures for licensees who were licensed before December 31, 2020. The
999	999	conversion renewal cycle is the renewal cycle following the first license renewal after January 1,
1000	1000	2020. The conversion license period is the license period for the conversion renewal cycle. The
1001	1001	conversion license period is between 13 and 24 months and ends on the last day of the licensee's
1002	1002	month of birth in either 2022 or 2023, as described in subdivision 5.
1003	1003	Subd. 5.Conversion of license renewal cycle for current licensees.For a licensee whose
1004	1004	license is current as of December 31, 2020, the licensee's conversion license period begins on
1005	1005	January 1, 2021, and ends on the last day of the licensee's month of birth in 2023, except that for
1006	1006	licensees whose month of birth is January, February, March, April, May, or June, the licensee's
1007	1007	renewal cycle ends on the last day of the licensee's month of birth in 2022.
1008	1008	Subd. 7.Subsequent renewal cycles.After the licensee's conversion renewal cycle under
1009	1009	subdivision 5 or 6, subsequent renewal cycles are biennial and begin on the first day of the month
1010	1010	following the licensee's birth month.
1011	1011	Subd. 8.Conversion period and fees.(a) A licensee who holds a license issued before January
1012	1012	1, 2021, and who renews that license pursuant to subdivision 5 or 6, must pay a renewal fee as
1013	1013	required in this subdivision.
1014	1014	1R
1015	1015	APPENDIX
1016	1016	Repealed Minnesota Statutes: 25-02854 (b) A licensee must be charged the biennial license fee listed in section 148.6445 for the
1017	1017	conversion license period.
1018	1018	(c) For a licensee whose conversion license period is 13 to 24 months, the first biennial license
1019	1019	fee charged after the conversion license period must be adjusted to credit the excess fee payment
1020	1020	made during the conversion license period. The credit is calculated by:
1021	1021	(1) subtracting the number of months of the licensee's conversion license period from 24; and
1022	1022	(2) multiplying the result of clause (1) by 1/24 of the biennial fee rounded up to the next dollar.
1023	1023	(d) For a licensee whose conversion license period is 24 months, the first biennial license fee
1024	1024	charged after the conversion license period must not be adjusted.
1025	1025	(e) For the second and all subsequent license renewals made after the conversion license period,
1026	1026	the licensee's biennial license fee is as listed in section 148.6445.
1027	1027	Subd. 9.Expiration.Subdivisions 4, 5, 7, and 8 expire December 31, 2023.
1028	1028	148.6425 RENEWAL OF LICENSURE; AFTER EXPIRATION DATE.
1029	1029	Subd. 3.Licensure renewal four years or more after licensure expiration date.(a) An
1030	1030	individual who requests licensure renewal four years or more after the licensure expiration date
1031	1031	must submit the following:
1032	1032	(1) a completed and signed application for licensure on forms provided by the board;
1033	1033	(2) the renewal fee and the late fee required under section 148.6445 if renewal application is
1034	1034	based on paragraph (b), clause (1), (2), or (3), or the renewal fee required under section 148.6445
1035	1035	if renewal application is based on paragraph (b), clause (4);
1036	1036	(3) proof of having met the continuing education requirement in section 148.6443, subdivision
1037	1037	1, except the continuing education must be obtained in the two years immediately preceding
1038	1038	application renewal; and
1039	1039	(4) at the time of the next licensure renewal, proof of having met the continuing education
1040	1040	requirement, which shall be prorated based on the number of months licensed during the two-year
1041	1041	licensure period.
1042	1042	(b) In addition to the requirements in paragraph (a), the applicant must submit proof of one of
1043	1043	the following:
1044	1044	(1) verified documentation of successful completion of 160 hours of supervised practice approved
1045	1045	by the board as described in paragraph (c);
1046	1046	(2) verified documentation of having achieved a qualifying score on the credentialing examination
1047	1047	for occupational therapists or the credentialing examination for occupational therapy assistants
1048	1048	administered within the past year;
1049	1049	(3) documentation of having completed a combination of occupational therapy courses or an
1050	1050	occupational therapy refresher program that contains both a theoretical and clinical component
1051	1051	approved by the board. Only courses completed within one year preceding the date of the application
1052	1052	or one year after the date of the application qualify for approval; or
1053	1053	(4) evidence that the applicant holds a current and unrestricted credential for the practice of
1054	1054	occupational therapy in another jurisdiction and that the applicant's credential from that jurisdiction
1055	1055	has been held in good standing during the period of lapse.
1056	1056	(c) To participate in a supervised practice as described in paragraph (b), clause (1), the applicant
1057	1057	shall obtain limited licensure. To apply for limited licensure, the applicant shall submit the completed
1058	1058	limited licensure application, fees, and agreement for supervision of an occupational therapist or
1059	1059	occupational therapy assistant practicing under limited licensure signed by the supervising therapist
1060	1060	and the applicant. The supervising occupational therapist shall state the proposed level of supervision
1061	1061	on the supervision agreement form provided by the board. The supervising therapist shall determine
1062	1062	the frequency and manner of supervision based on the condition of the patient or client, the
1063	1063	complexity of the procedure, and the proficiencies of the supervised occupational therapist. At a
1064	1064	minimum, a supervising occupational therapist shall be on the premises at all times that the person
1065	1065	practicing under limited licensure is working; be in the room ten percent of the hours worked each
1066	1066	week by the person practicing under limited licensure; and provide daily face-to-face collaboration
1067	1067	for the purpose of observing service competency of the occupational therapist or occupational
1068	1068	therapy assistant, discussing treatment procedures and each client's response to treatment, and
1069	1069	2R
1070	1070	APPENDIX
1071	1071	Repealed Minnesota Statutes: 25-02854 reviewing and modifying, as necessary, each treatment plan. The supervising therapist shall document
1072	1072	the supervision provided. The occupational therapist participating in a supervised practice is
1073	1073	responsible for obtaining the supervision required under this paragraph and must comply with the
1074	1074	board's requirements for supervision during the entire 160 hours of supervised practice. The
1075	1075	supervised practice must be completed in two months and may be completed at the applicant's place
1076	1076	of work.
1077	1077	(d) In addition to the requirements in paragraphs (a) and (b), the applicant must submit additional
1078	1078	information as requested by the board to clarify information in the application, including information
1079	1079	to determine whether the applicant has engaged in conduct warranting disciplinary action as set
1080	1080	forth in section 148.6448. The information must be submitted within 30 days after the board's
1081	1081	request.
1082	1082	148.6430 DELEGATION OF DUTIES; ASSIGNMENT OF TASKS.
1083	1083	The occupational therapist is responsible for all duties delegated to the occupational therapy
1084	1084	assistant or tasks assigned to direct service personnel. The occupational therapist may delegate to
1085	1085	an occupational therapy assistant those portions of a client's evaluation, reevaluation, and intervention
1086	1086	that, according to prevailing national practice standards, can be performed by an occupational
1087	1087	therapy assistant. The occupational therapist may not delegate portions of an evaluation or
1088	1088	reevaluation of a person whose condition is changing rapidly.
1089	1089	148.6445 FEES.
1090	1090	Subd. 5.Limited licensure fee.The fee for limited licensure is $100.
1091	1091	Subd. 6.Fee for course approval after lapse of licensure.The fee for course approval after
1092	1092	lapse of licensure is $100.
1093	1093	Subd. 8.Verification to institutions.The fee for verification of licensure to institutions is $10.
1094	1094	3R
1095	1095	APPENDIX
1096	1096	Repealed Minnesota Statutes: 25-02854