1.1 A bill for an act
1.2 relating to health-related licensing; modifying occupational therapy licensure and
1.3 application requirements; establishing fees; amending Minnesota Statutes 2024,
1.4 sections 144A.43, subdivision 15; 144G.08, subdivision 45; 148.6401; 148.6402,
1.5 subdivisions 1, 7, 8, 13, 14, 16, 16a, 19, 20, 23, 25, by adding subdivisions;
1.6 148.6403; 148.6404; 148.6405; 148.6408, subdivision 2, by adding a subdivision;
1.7 148.6410, subdivision 2, by adding a subdivision; 148.6412, subdivisions 2, 3;
1.8 148.6415; 148.6418; 148.6420, subdivision 1; 148.6423, subdivisions 1, 2, by
1.9 adding a subdivision; 148.6425, subdivision 2, by adding subdivisions; 148.6428;
1.10 148.6432, subdivisions 1, 2, 3, 4, by adding a subdivision; 148.6435; 148.6438;
1.11 148.6443, subdivisions 3, 4, 5, 6, 7, 8; 148.6445, by adding subdivisions; 148.6448,
1.12 subdivisions 1, 2, 4, 6; 148.6449, subdivisions 1, 2, 7; proposing coding for new
1.13 law in Minnesota Statutes, chapter 148; repealing Minnesota Statutes 2024, sections
1.14 148.6402, subdivision 22a; 148.6420, subdivisions 2, 3, 4; 148.6423, subdivisions
1.15 4, 5, 7, 8, 9; 148.6425, subdivision 3; 148.6430; 148.6445, subdivisions 5, 6, 8.
1.16BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.17 Section 1. Minnesota Statutes 2024, section 144A.43, subdivision 15, is amended to read:
1.18 Subd. 15.Occupational therapist."Occupational therapist" means a person who is
1.19licensed under sections 148.6401 to 148.6449 has the meaning given in section 148.6402,
1.20subdivision 14.
1.21 Sec. 2. Minnesota Statutes 2024, section 144G.08, subdivision 45, is amended to read:
1.22 Subd. 45.Occupational therapist."Occupational therapist" means a person who is
1.23licensed under sections 148.6401 to 148.6449 has the meaning given in section 148.6402,
1.24subdivision 14.
1Sec. 2.
25-02854 as introduced02/04/25 REVISOR AGW/NS
SENATE
STATE OF MINNESOTA
S.F. No. 2571NINETY-FOURTH SESSION
(SENATE AUTHORS: KUPEC)
OFFICIAL STATUSD-PGDATE
Introduction and first reading03/13/2025
Referred to Health and Human Services 2.1 Sec. 3. Minnesota Statutes 2024, section 148.6401, is amended to read:
2.2 148.6401 SCOPE.
2.3 Sections 148.6401 to 148.6449 148.645 apply to persons who are applicants for licensure,
2.4who are licensed, who use protected titles, or who represent that they are licensed as
2.5occupational therapists or occupational therapy assistants practitioners.
2.6 Sec. 4. Minnesota Statutes 2024, section 148.6402, subdivision 1, is amended to read:
2.7 Subdivision 1.Scope.For the purpose of sections 148.6401 to 148.6449 148.645, the
2.8following terms have the meanings given them.
2.9 Sec. 5. Minnesota Statutes 2024, section 148.6402, is amended by adding a subdivision
2.10to read:
2.11 Subd. 2a.Accreditation Council for Occupational Therapy Education or
2.12ACOTE."Accreditation Council for Occupational Therapy Education" or "ACOTE" means
2.13the entity that accredits occupational therapy education programs in the United States and
2.14its territories and establishes, approves, and administers educational standards ensuring
2.15consistency across all occupational therapy education.
2.16 Sec. 6. Minnesota Statutes 2024, section 148.6402, is amended by adding a subdivision
2.17to read:
2.18 Subd. 5a.Continuing competence."Continuing competence" means the process in
2.19which an occupational therapy practitioner develops and maintains the knowledge, critical
2.20reasoning, interpersonal skills, performance skills, and ethical practice necessary to perform
2.21their occupational therapy responsibilities.
2.22 Sec. 7. Minnesota Statutes 2024, section 148.6402, subdivision 7, is amended to read:
2.23 Subd. 7.Credentialing Certification examination for occupational
2.24therapist."Credentialing Certification examination for occupational therapist" means the
2.25examination sponsored by the National Board for Certification in Occupational Therapy
2.26for credentialing certification as an a registered occupational therapist, registered.
2.27 Sec. 8. Minnesota Statutes 2024, section 148.6402, subdivision 8, is amended to read:
2.28 Subd. 8.Credentialing Certification examination for occupational therapy
2.29assistant."Credentialing Certification examination for occupational therapy assistant"
2Sec. 8.
25-02854 as introduced02/04/25 REVISOR AGW/NS 3.1means the examination sponsored by the National Board for Certification in Occupational
3.2Therapy for credentialing certification as a certified occupational therapy assistant.
3.3 Sec. 9. Minnesota Statutes 2024, section 148.6402, is amended by adding a subdivision
3.4to read:
3.5 Subd. 12a.Face-to-face supervision."Face-to-face supervision" means supervision
3.6occurring between a supervisor and a supervisee within each other's sight or presence.
3.7Face-to-face supervision includes real time audio and video communication where the
3.8supervisor and supervisee can see each other and clearly visualize the services being provided.
3.9 Sec. 10. Minnesota Statutes 2024, section 148.6402, subdivision 13, is amended to read:
3.10 Subd. 13.Licensed health care professional."Licensed health care professional" means
3.11a person licensed in good standing in Minnesota to practice medicine, osteopathic medicine,
3.12chiropractic, podiatry, advanced practice registered nursing, or dentistry, or is a person
3.13registered as a licensed physician assistant in Minnesota.
3.14 Sec. 11. Minnesota Statutes 2024, section 148.6402, is amended by adding a subdivision
3.15to read:
3.16 Subd. 13a.National Board for Certification in Occupational Therapy or
3.17NBCOT."National Board for Certification in Occupational Therapy" or "NBCOT" means
3.18the entity that administers the certification examination and provides initial and renewal
3.19board certification for occupational therapy practitioners providing services in the United
3.20States, or any successor entity performing the certification examination and initial and
3.21renewal board certification.
3.22 Sec. 12. Minnesota Statutes 2024, section 148.6402, subdivision 14, is amended to read:
3.23 Subd. 14.Occupational therapist."Occupational therapist" means an individual who
3.24meets the qualifications in sections 148.6401 to 148.6449 and is licensed by the board
3.25licensed to practice occupational therapy under sections 148.6401 to 148.645 who is
3.26responsible for and directs the evaluation process, discharge planning process, development
3.27of intervention plans, and provision of occupational therapy services.
3.28 Sec. 13. Minnesota Statutes 2024, section 148.6402, subdivision 16, is amended to read:
3.29 Subd. 16.Occupational therapy assistant."Occupational therapy assistant" means an
3.30individual who meets the qualifications for an occupational therapy assistant in sections
3Sec. 13.
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
4.2occupational therapy under sections 148.6401 to 148.645 who works under the appropriate
4.3supervision of and in partnership with an occupational therapist, unless exempted under
4.4section 148.6432.
4.5 Sec. 14. Minnesota Statutes 2024, section 148.6402, subdivision 16a, is amended to read:
4.6 Subd. 16a.Occupational therapy practitioner."Occupational therapy practitioner"
4.7means any individual licensed as either an occupational therapist or occupational therapy
4.8assistant under sections 148.6401 to 148.6449 148.645.
4.9 Sec. 15. Minnesota Statutes 2024, section 148.6402, subdivision 19, is amended to read:
4.10 Subd. 19.License or licensed."License" or "licensed" means the act or status of a
4.11natural person who meets the requirements of sections 148.6401 to 148.6449 148.645.
4.12 Sec. 16. Minnesota Statutes 2024, section 148.6402, subdivision 20, is amended to read:
4.13 Subd. 20.Licensee."Licensee" means a person who meets the requirements of sections
4.14148.6401 to 148.6449 148.645.
4.15 Sec. 17. Minnesota Statutes 2024, section 148.6402, subdivision 23, is amended to read:
4.16 Subd. 23.Service competency.(a) "Service competency" of an occupational therapy
4.17assistant in performing evaluation tasks means the ability of an occupational therapy assistant
4.18to obtain the same information as the supervising occupational therapist when evaluating
4.19a client's function.
4.20 (b) "Service competency" of an occupational therapy assistant in performing treatment
4.21procedures means the ability of an occupational therapy assistant to perform treatment
4.22procedures in a manner such that the outcome, documentation, and follow-up are equivalent
4.23to that which would have been achieved had the supervising occupational therapist performed
4.24the treatment procedure.
4.25 (c) "Service competency" of an occupational therapist means the ability of an occupational
4.26therapist to consistently perform an assessment task or intervention procedure with the level
4.27of skill recognized as satisfactory within the appropriate acceptable prevailing practice
4.28national practice standards of occupational therapy.
4Sec. 17.
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:
5.2 Subd. 25.Temporary licensure."Temporary licensure" means a method of licensure
5.3described in section 148.6418, by which an individual who (1) has completed an approved
5.4or accredited education program but has not met the examination requirement; or (2)
5.5possesses a credential from another jurisdiction or the National Board for Certification in
5.6Occupational Therapy but who has not submitted the documentation required by section
5.7148.6420, subdivisions 3 and 4, may qualify for Minnesota licensure for a limited time
5.8period.
5.9 Sec. 19. Minnesota Statutes 2024, section 148.6403, is amended to read:
5.10 148.6403 LICENSURE; PROTECTED TITLES AND RESTRICTIONS ON USE;
5.11EXEMPT PERSONS; SANCTIONS.
5.12 Subdivision 1.Unlicensed practice prohibited.A person must not engage in the practice
5.13of occupational therapy unless the person is licensed as an occupational therapy practitioner
5.14in accordance with sections 148.6401 to 148.6449 148.645.
5.15 Subd. 2.Protected titles and restrictions on use.Use of the phrase "occupational
5.16therapy," or "occupational therapist," or "occupational therapy assistant," or the initials
5.17"OT" or "OTA" alone or in combination with any other words or initials to form an
5.18occupational title, or to indicate or imply that the person is licensed by the state as an
5.19occupational therapist or occupational therapy assistant, is prohibited unless that person is
5.20licensed under sections 148.6401 to 148.6449 148.645.
5.21 Subd. 3.Use of "Minnesota licensed."Use of the term "Minnesota licensed" in
5.22conjunction with titles protected under this section by any person is prohibited unless that
5.23person is licensed under sections 148.6401 to 148.6449 148.645.
5.24 Subd. 4.Persons licensed or certified in other states.A person who is licensed in
5.25Minnesota and licensed or certified in another state may use the designation "licensed" or
5.26"certified" with a protected title only if the state jurisdiction of licensure or certification is
5.27clearly indicated.
5.28 Subd. 5.Exempt persons.This section does not apply to:
5.29 (1) a person employed as an occupational therapy practitioner by the government of the
5.30United States or any agency of it. However, use of the protected titles under those
5.31circumstances is allowed only in connection with performance of official duties for the
5.32federal government;
5Sec. 19.
25-02854 as introduced02/04/25 REVISOR AGW/NS 6.1 (2) a student participating in supervised fieldwork or supervised coursework that is
6.2necessary to meet the requirements of section 148.6408, subdivision 1, or 148.6410,
6.3subdivision 1, if the person is designated by a title which clearly indicates the person's status
6.4as a student trainee. Any use of the protected titles under these circumstances is allowed
6.5only while the person is performing the duties of the supervised fieldwork or supervised
6.6coursework; or
6.7 (3) a person visiting and then leaving the state and performing occupational therapy
6.8services while in the state, if the services are performed no more than 30 days in a calendar
6.9year as part of a professional activity that is limited in scope and duration and is in association
6.10with an occupational therapist licensed under sections 148.6401 to 148.6449, and
6.11 (i) the (3) a person who is credentialed under the law of another state which that has
6.12credentialing requirements at least as stringent as the requirements of sections 148.6401 to
6.13148.6449 148.645; or
6.14 (ii) the (4) a person who meets the requirements for certification as an occupational
6.15therapist registered (OTR) or a certified occupational therapy assistant (COTA), established
6.16by the National Board for Certification in Occupational Therapy.; or
6.17 (5) an occupational therapy practitioner who possesses an active compact privilege under
6.18section 148.645.
6.19 Subd. 6.Sanctions.A person who practices occupational therapy or holds out as an
6.20occupational therapy practitioner by or through the use of any title described in subdivision
6.212 without prior licensure according to sections 148.6401 to 148.6449 148.645 is subject to
6.22sanctions or action against continuing the activity according to section 148.6448, chapter
6.23214, or other statutory authority.
6.24 Subd. 7.Exemption.Nothing in sections 148.6401 to 148.6449 148.645 shall prohibit
6.25the practice of any profession or occupation licensed or registered by the state by any person
6.26duly licensed or registered to practice the profession or occupation or to perform any act
6.27that falls within the scope of practice of the profession or occupation.
6.28 Sec. 20. Minnesota Statutes 2024, section 148.6404, is amended to read:
6.29 148.6404 SCOPE OF PRACTICE.
6.30 (a) The practice of occupational therapy means the therapeutic use of everyday activities
6.31life occupations with individuals or, groups, or populations for the purpose of enhancing
6.32or enabling participation in those occupations. It is the promotion of The practice of
6.33occupational therapy promotes health and well-being through the use of occupational therapy
6Sec. 20.
25-02854 as introduced02/04/25 REVISOR AGW/NS 7.1services that includes screening, evaluation, intervention, and consultation to develop,
7.2recover, and maintain a client's:
7.3 (1) sensory integrative, neuromuscular, motor, emotional, motivational, cognitive, or
7.4psychosocial components of performance;
7.5 (2) daily living skills;
7.6 (3) feeding and swallowing skills;
7.7 (4) play and leisure skills;
7.8 (5) educational participation skills;
7.9 (6) functional performance and work participation skills;
7.10 (7) community mobility; and
7.11 (8) health and wellness.
7.12 (b) Occupational therapy services include but are not limited to:
7.13 (1) designing, fabricating, or applying rehabilitative technology, such as selected orthotic
7.14and prosthetic devices, and providing training in the functional use of these devices;
7.15 (2) designing, fabricating, or adapting assistive technology and providing training in the
7.16functional use of assistive devices;
7.17 (3) adapting environments using assistive technology such as environmental controls,
7.18wheelchair modifications, and positioning; and
7.19 (4) employing applying physical agent, manual, and mechanical modalities in preparation
7.20for or as an adjunct to purposeful activity to meet established functional occupational therapy
7.21goals; and
7.22 (5) educating and training individuals including family, caregivers, groups, and
7.23populations.
7.24 (c) Occupational therapy services must be based on nationally established standards of
7.25practice.
7.26 Sec. 21. Minnesota Statutes 2024, section 148.6405, is amended to read:
7.27 148.6405 LICENSURE APPLICATION REQUIREMENTS: PROCEDURES AND
7.28QUALIFICATIONS.
7.29 (a) An applicant for licensure must comply with the application requirements in section
7.30148.6420. To qualify for licensure, an applicant must satisfy one of the requirements in
7Sec. 21.
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
8.2of licensure under section 148.6448.
8.3 (b) A person who applies for licensure as an occupational therapist and who has not
8.4been credentialed by the National Board for Certification in Occupational Therapy or another
8.5jurisdiction must meet the requirements in section 148.6408.
8.6 (c) A person who applies for licensure as an occupational therapy assistant and who has
8.7not been credentialed by the National Board for Certification in Occupational Therapy or
8.8another jurisdiction must meet the requirements in section 148.6410.
8.9 (d) A person who is certified by the National Board for Certification in Occupational
8.10Therapy may apply for licensure by equivalency and must meet the requirements in section
8.11148.6412.
8.12 (e) A person who is credentialed in another jurisdiction and who was previously certified
8.13by the National Board for Certification in Occupational Therapy may apply for licensure
8.14by reciprocity and must meet the requirements in section 148.6415.
8.15 (f) (b) A person who applies for temporary licensure must meet the requirements in
8.16section 148.6418.
8.17 (c) A person who applies for licensure under section 148.6408 or 148.6410 more than
8.18two years after the person's initial NBCOT certification was issued and who has not practiced
8.19in any jurisdiction must submit:
8.20 (1) a completed and signed application for licensure on forms provided by the board
8.21that meet the requirements of section 148.6420, subdivision 1, paragraph (a), clauses (1)
8.22and (2); and
8.23 (2) proof of a minimum of 24 continuing education contact hours by an occupational
8.24therapist applicant, or a minimum of 18 hours by an occupational therapy assistant applicant,
8.25completed within the two years proceeding the application and meeting the requirements
8.26of section 148.6443.
8.27 (g) (d) A person who applies for licensure under paragraph (b), (c), or (f) more than two
8.28and less than four years after meeting the examination requirements in section 148.6408,
8.29subdivision 2, or 148.6410, subdivision 2, section 148.6408 or 148.6410 after the person's
8.30initial NBCOT certification has expired must submit the following:
8.31 (1) a completed and signed application for licensure on forms provided by the board
8.32that meet the requirements of section 148.6420, subdivision 1, paragraph (a), clauses (1)
8.33and (2); and
8Sec. 21.
25-02854 as introduced02/04/25 REVISOR AGW/NS 9.1 (2) the license application fee required under section 148.6445; evidence of:
9.2 (i) completion of an occupational therapy refresher program that contains both theoretical
9.3and clinical components completed within the last year; or
9.4 (ii) current NBCOT certification.
9.5 (3) if applying for occupational therapist licensure, proof of having met a minimum of
9.624 contact hours of continuing education in the two years preceding licensure application,
9.7or if applying for occupational therapy assistant licensure, proof of having met a minimum
9.8of 18 contact hours of continuing education in the two years preceding licensure application;
9.9 (4) verified documentation of successful completion of 160 hours of supervised practice
9.10approved by the board under a limited license specified in section 148.6425, subdivision 3,
9.11paragraph (c); and
9.12 (5) additional information as requested by the board to clarify information in the
9.13application, including information to determine whether the individual has engaged in
9.14conduct warranting disciplinary action under section 148.6448. The information must be
9.15submitted within 30 calendar days from the date of the board's request.
9.16 (h) A person who applies for licensure under paragraph (b), (c), or (f) four years or more
9.17after meeting the examination requirements in section 148.6408, subdivision 2, or 148.6410,
9.18subdivision 2, must:
9.19 (1) meet all the requirements in paragraph (g) except clauses (3) and (4);
9.20 (2) submit documentation of having retaken and achieved a qualifying score on the
9.21credentialing examination for occupational therapists or occupational therapy assistants, or
9.22of having completed an occupational therapy refresher program that contains both a
9.23theoretical and clinical component approved by the board; and
9.24 (3) submit verified documentation of successful completion of 480 hours of supervised
9.25practice approved by the board under a limited license specified in section 148.6425,
9.26subdivision 3, paragraph (c). The 480 hours of supervised practice must be completed in
9.27six months and may be completed at the applicant's place of work. Only refresher courses
9.28completed within one year prior to the date of application qualify for approval.
9.29 Sec. 22. Minnesota Statutes 2024, section 148.6408, is amended by adding a subdivision
9.30to read:
9.31 Subd. 1a.Qualifications.To be licensed as an occupational therapist, an applicant must:
9.32 (1) satisfy the education and examination requirements of subdivisions 1b and 2; or
9Sec. 22.
25-02854 as introduced02/04/25 REVISOR AGW/NS 10.1 (2) satisfy the requirements for licensure by equivalency under section 148.6412 or
10.2licensure by reciprocity under section 148.6415 as applicable based on the current status of
10.3the applicant's NBCOT certification.
10.4 Sec. 23. Minnesota Statutes 2024, section 148.6408, subdivision 2, is amended to read:
10.5 Subd. 2.Qualifying examination score required.(a) An applicant must achieve a
10.6qualifying score on the credentialing certification examination for occupational therapist.
10.7 (b) The board shall determine the qualifying score for the credentialing certification
10.8examination for occupational therapist. In determining the qualifying score, the board shall
10.9consider the cut score as recommended by the National Board for Certification in
10.10Occupational Therapy, or other national credentialing certification organization approved
10.11by the board, using the modified Angoff method for determining cut score or another method
10.12for determining cut score that is recognized as appropriate and acceptable by industry
10.13standards.
10.14 (c) The applicant is responsible for Applicants for licensure must:
10.15 (1) making make arrangements to take the credentialing certification examination for
10.16an occupational therapist;
10.17 (2) bearing bear all expenses associated with taking the examination; and
10.18 (3) having the examination scores sent directly to the board from the testing service that
10.19administers the examination submit an application and other materials as required by the
10.20board under section 148.6420.
10.21Sec. 24. Minnesota Statutes 2024, section 148.6410, is amended by adding a subdivision
10.22to read:
10.23 Subd. 1a.Qualifications.To be licensed as an occupational therapist, an applicant must:
10.24 (1) satisfy the education and examination requirements of subdivisions 1b and 2; or
10.25 (2) satisfy the requirements for licensure by equivalency under section 148.6412 or
10.26licensure by reciprocity under section 148.6415 as applicable based on the current status of
10.27the applicant's NBCOT certification.
10Sec. 24.
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:
11.2 Subd. 2.Qualifying examination score required.(a) An applicant for licensure must
11.3achieve a qualifying score on the credentialing certification examination for occupational
11.4therapy assistants.
11.5 (b) The board shall determine the qualifying score for the credentialing certification
11.6examination for occupational therapy assistants. In determining the qualifying score, the
11.7board shall consider the cut score as recommended by the National Board for Certification
11.8in Occupational Therapy, or other national credentialing certification organization approved
11.9by the board, using the modified Angoff method for determining cut score or another method
11.10for determining cut score that is recognized as appropriate and acceptable by industry
11.11standards.
11.12 (c) The applicant is responsible for Applicants for licensure must:
11.13 (1) making make all arrangements to take the credentialing certification examination
11.14for occupational therapy assistants;
11.15 (2) bearing bear all expense associated with taking the examination; and
11.16 (3) having the examination scores sent directly to the board from the testing service that
11.17administers the examination submit an application and other materials as required by the
11.18board under section 148.6420.
11.19Sec. 26. Minnesota Statutes 2024, section 148.6412, subdivision 2, is amended to read:
11.20 Subd. 2.Persons currently certified by National Board for Certification in
11.21Occupational Therapy NBCOT.The board may license any person certified by the National
11.22Board for Certification in Occupational Therapy who holds current NBCOT certification
11.23as an occupational therapist if the board determines the requirements for certification are
11.24equivalent to or exceed the requirements for licensure as an occupational therapist under
11.25section 148.6408 therapy practitioner. The board may license any person certified by the
11.26National Board for Certification in Occupational Therapy as an occupational therapy assistant
11.27if the board determines the requirements for certification are equivalent to or exceed the
11.28requirements for licensure as an occupational therapy assistant under section 148.6410.
11.29Nothing in this section limits the board's authority to deny licensure based upon the grounds
11.30for discipline in sections 148.6401 to 148.6449 148.645.
11.31Sec. 27. Minnesota Statutes 2024, section 148.6412, subdivision 3, is amended to read:
11.32 Subd. 3.Application procedures.Applicants for licensure by equivalency must provide:
11Sec. 27.
25-02854 as introduced02/04/25 REVISOR AGW/NS 12.1 (1) the application materials as required by section 148.6420, subdivisions subdivision
12.21, 3, and 4; and.
12.3 (2) the fees required by section 148.6445.
12.4 Sec. 28. Minnesota Statutes 2024, section 148.6415, is amended to read:
12.5 148.6415 LICENSURE BY RECIPROCITY.
12.6 A person who is not certified by the National Board for Certification in Occupational
12.7Therapy The board may license any person who does not hold current NBCOT certification
12.8but who holds a compact privilege or a current credential as an occupational therapist therapy
12.9practitioner in the District of Columbia or a state or territory of the United States whose
12.10standards for credentialing are determined by the board to be equivalent to or exceed the
12.11requirements for licensure under section 148.6408 may be eligible for licensure by reciprocity
12.12as an occupational therapist. A person who is not certified by the National Board for
12.13Certification in Occupational Therapy but who holds a current credential as an occupational
12.14therapy assistant in the District of Columbia or a state or territory of the United States whose
12.15standards for credentialing are determined by the board to be equivalent to or exceed the
12.16requirements for licensure under section 148.6410 may be eligible for licensure by reciprocity
12.17as an occupational therapy assistant. or 148.6410 as an occupational therapy practitioner.
12.18Nothing in this section limits the board's authority to deny licensure based upon the grounds
12.19for discipline in sections 148.6401 to 148.6449 148.645. An applicant must provide:
12.20 (1) the application materials as required by section 148.6420, subdivisions subdivision
12.211, 3, and 4; and
12.22 (2) the fees required by section 148.6445;
12.23 (3) a copy of a current and unrestricted credential for the practice of occupational therapy
12.24as either an occupational therapist or occupational therapy assistant;
12.25 (4) a letter from the jurisdiction that issued the credential describing the applicant's
12.26qualifications that entitled the applicant to receive the credential; and
12.27 (5) (2) other information necessary to determine whether the credentialing standards of
12.28the jurisdiction that issued the credential are equivalent to or exceed the requirements for
12.29licensure under sections 148.6401 to 148.6449 148.645.
12Sec. 28.
25-02854 as introduced02/04/25 REVISOR AGW/NS 13.1 Sec. 29. Minnesota Statutes 2024, section 148.6418, is amended to read:
13.2 148.6418 TEMPORARY LICENSURE.
13.3 Subdivision 1.Application.The board shall issue temporary licensure as an occupational
13.4therapist or occupational therapy assistant practitioner to applicants who are not the subject
13.5of a disciplinary action or past disciplinary action, nor disqualified on the basis of items
13.6listed in section 148.6448, subdivision 1.
13.7 Subd. 2.Procedures.To be eligible for temporary licensure, an applicant must submit
13.8a completed application for temporary licensure on forms provided by the board, the fees
13.9required by section 148.6445, and one of the following:
13.10 (1) evidence of successful completion of the requirements in section 148.6408,
13.11subdivision 1, or 148.6410, subdivision 1;
13.12 (2) a copy of a current and unrestricted credential for the practice of occupational therapy
13.13as either an occupational therapist or occupational therapy assistant practitioner in another
13.14jurisdiction; or
13.15 (3) a copy of a current and unrestricted certificate certification from the National Board
13.16for Certification in Occupational Therapy stating that the applicant is certified as an
13.17occupational therapist or occupational therapy assistant practitioner.
13.18 Subd. 3.Additional documentation.Persons who are credentialed certified by the
13.19National Board for Certification in Occupational Therapy or credentialed by another
13.20jurisdiction must provide an affidavit a statement with the application for temporary licensure
13.21stating that they are not the subject of a pending investigation or disciplinary action and
13.22have not been the subject of a disciplinary action in the past.
13.23 Subd. 4.Supervision required.An applicant who has graduated from an accredited
13.24occupational therapy program, as required by section 148.6408, subdivision 1, or 148.6410,
13.25subdivision 1, and who has not passed the examination required by section 148.6408,
13.26subdivision 2, or 148.6410, subdivision 2, must practice under the supervision of a licensed
13.27occupational therapist. The supervising therapist must, at a minimum, supervise the person
13.28working under temporary licensure in the performance of the initial evaluation, determination
13.29of the appropriate intervention plan, and periodic review and modification of the intervention
13.30plan. The supervising therapist must observe the person working under temporary licensure
13.31in order to ensure service competency in carrying out evaluation, intervention planning,
13.32and intervention implementation. The frequency of face-to-face collaboration between the
13.33person working under temporary licensure and the supervising therapist must be based on
13Sec. 29.
25-02854 as introduced02/04/25 REVISOR AGW/NS 14.1the condition of each patient or client, the complexity of intervention and evaluation
14.2procedures, and the proficiencies of the person practicing under temporary licensure.
14.3Following demonstrated service competency of the applicant, supervision must occur no
14.4less than every ten intervention days or every 30 calendar days, whichever occurs first. The
14.5occupational therapist or occupational therapy assistant practitioner working under temporary
14.6licensure must provide verification of supervision on the application form provided by the
14.7board. Supervising occupational therapists must have a minimum of six months of fully
14.8licensed practice to supervise a temporary licensee. The occupational therapy practitioner
14.9working under temporary licensure must notify the board before changing supervision.
14.10 Subd. 5.Qualifying examination requirement; expiration and renewability.(a) A
14.11person issued a temporary license pursuant to subdivision 2, clause (1), must demonstrate
14.12to the board within the temporary licensure period successful completion of the qualifying
14.13examination requirement under section 148.6408, subdivision 2, or section 148.6410,
14.14subdivision 2. A temporary license holder who fails the qualifying examination for a second
14.15time shall have their temporary license revoked effective upon notification to the temporary
14.16license holder of the examination score. It is the temporary license holder's obligation to
14.17submit to the board their qualifying examination scores and to refrain from practice if their
14.18temporary license is revoked. Failure to do so subjects the temporary license holder to
14.19disciplinary action pursuant to section 148.6448, subdivision 1, clause (5) (6). The board
14.20must not issue a temporary license to a person with two or more certification examination
14.21failures.
14.22 (b) A temporary license expires six months from the date of issuance or on the date the
14.23board grants or denies licensure, whichever occurs first.
14.24 (c) A temporary license is not renewable.
14.25Sec. 30. Minnesota Statutes 2024, section 148.6420, subdivision 1, is amended to read:
14.26 Subdivision 1.Applications for initial licensure.(a) An applicant for initial licensure
14.27must:
14.28 (1) submit a completed application for licensure on forms provided by the board and
14.29must supply the all information and documentation requested on the application, including:
14.30 (i) the applicant's name, business address and business telephone number, business
14.31setting, primary email address, and daytime home or mobile telephone number;
14.32 (ii) the name and location of the occupational therapy program the applicant completed;
14Sec. 30.
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
15.2location of the occupational therapy program the applicant completed and a list of degrees
15.3received from all other educational institutions attended;
15.4 (iv) (iii) the applicant's work history for the six years preceding the application;
15.5 (v) (iv) a list of all credentials currently and previously held in Minnesota and other
15.6jurisdictions;
15.7 (vi) (v) a description of any jurisdiction's refusal to credential the applicant;
15.8 (vii) (vi) a description of all professional disciplinary actions initiated against the applicant
15.9in any jurisdiction;
15.10 (viii) (vii) information on any physical or mental condition or substance use disorder
15.11that impairs the person's ability to engage in the practice of occupational therapy with
15.12reasonable judgment or safety;
15.13 (ix) (viii) a description of any misdemeanor or felony conviction that relates to honesty
15.14or to the practice of occupational therapy charges or convictions; and
15.15 (x) (ix) a description of any state or federal court order, including a conciliation court
15.16judgment or a disciplinary order, related to the individual's occupational therapy practice;
15.17 (2) submit with the application all fees required by section 148.6445;
15.18 (3) sign a statement that the information in the application is true and correct to the best
15.19of the applicant's knowledge and belief;
15.20 (4) sign a waiver authorizing the board to obtain access to the applicant's records in this
15.21or any other state in which the applicant holds or previously held a credential for the practice
15.22of an occupation, has completed an accredited occupational therapy education program, or
15.23engaged in the practice of occupational therapy;
15.24 (x) any legal information required under chapter 214;
15.25 (xi) either documentation to demonstrate the completion of the required education and
15.26examination requirements under section 148.6408, subdivisions 1b and 2, or 148.6410,
15.27subdivisions 1b and 2; for applicants for licensure by equivalency under section 148.6412,
15.28documentation of current NBCOT certification; or for applicants for licensure by reciprocity
15.29under section 148.6415, documentation submitted directly by the appropriate commission
15.30or government body verifying the license or credential, or verification from the Compact
15.31Commission of the applicant's practice status in Compact Commission states;
15.32 (xii) all application fees required by section 148.6445;
15Sec. 30.
25-02854 as introduced02/04/25 REVISOR AGW/NS 16.1 (xiii) evidence of completing a criminal background check according to section 214.075;
16.2and
16.3 (xiv) a signed statement affirming that the information in the application is true and
16.4correct to the best of the applicant's knowledge and belief;
16.5 (5) (2) submit additional information as requested by the board; and
16.6 (6) (3) submit the any additional information required for licensure by equivalency,
16.7licensure by reciprocity, licensure by compact privilege, and temporary licensure as specified
16.8in sections 148.6408 to 148.6418. and 148.645. An applicant applying under section 148.6418
16.9is exempt from providing documentation related to a criminal background check under
16.10clause (1), item (xiii). An applicant applying under section 148.6418, subdivision 4, is
16.11exempt from providing documentation related to previously held licenses or credentials
16.12under clause (1), item (iv).
16.13 (b) The board must not verify the status of an applicant under paragraph (a), clause (1),
16.14item (xi), by using another jurisdiction's publicly available website unless the other
16.15jurisdiction fails to provide the requested documentation after the applicant provides
16.16documentation of making the request.
16.17Sec. 31. Minnesota Statutes 2024, section 148.6423, subdivision 1, is amended to read:
16.18 Subdivision 1.Renewal requirements.To be eligible for licensure renewal, a licensee
16.19must:
16.20 (1) submit a completed and signed application for licensure renewal; on forms provided
16.21by the board, including:
16.22 (i) updated personal information, including the renewal applicant's name, business
16.23address and business telephone number, primary email address, and home or mobile telephone
16.24number;
16.25 (ii) information regarding any change to the renewal applicant's responses to section
16.26148.6420, subdivision 1, paragraph (a), clause (1), items (v) to (ix);
16.27 (iii) a signed statement affirming that the information in the renewal application is true
16.28and correct to the best of the applicant's knowledge and belief; and
16.29 (iv) any legal information required under chapter 214;
16.30 (2) submit the renewal fee required under section 148.6445;
16Sec. 31.
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
17.2148.6443; and
17.3 (4) submit additional information as requested by the board to clarify information
17.4presented in the renewal application. The information must be submitted within 30 calendar
17.5days of the board's request.
17.6 Sec. 32. Minnesota Statutes 2024, section 148.6423, is amended by adding a subdivision
17.7to read:
17.8 Subd. 1a.License period.Following the initial license period, a license period begins
17.9on the first day of the month after the licensee's birth month and must be renewed biennially.
17.10Sec. 33. Minnesota Statutes 2024, section 148.6423, subdivision 2, is amended to read:
17.11 Subd. 2.Renewal deadline.(a) Except as provided in paragraph (c), licenses must be
17.12renewed every two years on or before the first day of the month after the licensee's birth
17.13month. Licensees must comply with the following procedures in paragraphs (b) to (e).
17.14 (b) Each license must state an expiration date. An application for licensure renewal must
17.15be received by the board at least 30 calendar days on or before the expiration date.
17.16 (c) If the board changes the renewal schedule and the expiration date is less than two
17.17years, the fee and the continuing education contact hours to be reported at the next renewal
17.18must be prorated.
17.19 (d) An application for licensure renewal not received within the time required under
17.20paragraph (b), but received on or before the expiration date, must be accompanied by a late
17.21fee in addition to the renewal fee specified by section 148.6445.
17.22 (e) Licensure renewals received after the expiration date must comply with the
17.23requirements of section 148.6425.
17.24Sec. 34. Minnesota Statutes 2024, section 148.6425, subdivision 2, is amended to read:
17.25 Subd. 2.Licensure renewal within one year after licensure expiration date.A licensee
17.26whose application for licensure renewal is received after the licensure expiration date but
17.27within one year of the expiration date must submit the following:
17.28 (1) a completed and signed renewal application for licensure following lapse in licensed
17.29status; on forms provided by the board, including:
17Sec. 34.
25-02854 as introduced02/04/25 REVISOR AGW/NS 18.1 (i) updated personal information, including the renewal applicant's name, business
18.2address and business telephone number, primary email address, and home or mobile telephone
18.3number;
18.4 (ii) information regarding any change to the renewal applicant's responses to section
18.5148.6420, subdivision 1, paragraph (a), clause (1), items (v) to (ix);
18.6 (iii) a signed statement affirming that the information in the renewal application is true
18.7and correct to the best of the applicant's knowledge and belief;
18.8 (iv) information regarding any change to the renewal applicant's responses to section
18.9148.6420, subdivision 1, paragraph (a), clause (1), item (xi);
18.10 (v) NBCOT verification of certification documentation; and
18.11 (vi) any legal information required under chapter 214;
18.12 (2) the renewal fee and the late fee required under section 148.6445;
18.13 (3) proof of having met the continuing education requirements in section 148.6443,
18.14subdivision 1; and
18.15 (4) an employment verification form; and
18.16 (4) (5) additional information as requested by the board to clarify information in the
18.17application, including information to determine whether the licensee has engaged in conduct
18.18warranting disciplinary action as set forth in section 148.6448. The information must be
18.19submitted within 30 calendar days from the date of the board's request.
18.20Sec. 35. Minnesota Statutes 2024, section 148.6425, is amended by adding a subdivision
18.21to read:
18.22 Subd. 4.Licensure renewal within two years after license expiration date.A licensee
18.23whose application for license renewal is received more than one year but less than two years
18.24after the expiration date must submit the following:
18.25 (1) a completed and signed renewal application for licensure following lapse in licensed
18.26status on forms provided by the board, including all information listed in subdivision 2,
18.27clause (1);
18.28 (2) the renewal fee and the late fee required under section 148.6445;
18.29 (3) proof of having met the continuing education requirements in section 148.6443;
18.30 (4) an employment verification form;
18Sec. 35.
25-02854 as introduced02/04/25 REVISOR AGW/NS 19.1 (5) evidence of completion of a criminal background check as required under section
19.2214.075 and the associated fee; and
19.3 (6) additional information as requested by the board to clarify information in the
19.4application, including information to determine whether the licensee has engaged in conduct
19.5warranting disciplinary action as set forth in section 148.6448. The information must be
19.6submitted within 30 calendar days from the date of the board's request.
19.7 Sec. 36. Minnesota Statutes 2024, section 148.6425, is amended by adding a subdivision
19.8to read:
19.9 Subd. 5.Expiration due to nonrenewal after two years.The board shall not renew,
19.10reissue, reinstate, or restore a license that is not subject to a pending review, investigation,
19.11or disciplinary action and has not been renewed within one biennial renewal cycle of the
19.12license expiration. An individual whose license has expired under this subdivision for
19.13nonrenewal must obtain a new license by applying for licensure and fulfilling all requirements
19.14then in existence for an initial license to practice occupational therapy in Minnesota.
19.15Sec. 37. Minnesota Statutes 2024, section 148.6428, is amended to read:
19.16 148.6428 CHANGE OF CONTACT INFORMATION OR EMPLOYMENT .
19.17 A licensee who changes a name, primary email address, address, employment, business
19.18address, or business telephone number must inform the board of the change of name, primary
19.19email address, address, employment, business address, or business telephone number within
19.2030 calendar days from the effective date of the change. A change in name must be
19.21accompanied by a copy of a marriage certificate, government-issued identification card,
19.22Social Security card, or court order. All notices or other correspondence served on a licensee
19.23by the board at the licensee's contact information on file with the board must be considered
19.24as having been received by the licensee.
19.25Sec. 38. [148.6431] JURISPRUDENCE EXAMINATION.
19.26 The board may require occupational therapy practitioners to take an open-book
19.27jurisprudence examination on state laws and rules regarding the practice of occupational
19.28therapy and occupational therapy assisting.
19.29Sec. 39. Minnesota Statutes 2024, section 148.6432, subdivision 1, is amended to read:
19.30 Subdivision 1.Applicability.If the professional standards identified in section 148.6430
19.31subdivision 1a permit an occupational therapist to delegate an evaluation, reevaluation, or
19Sec. 39.
25-02854 as introduced02/04/25 REVISOR AGW/NS 20.1treatment procedure, the occupational therapist must provide supervision consistent with
20.2this section.
20.3 Sec. 40. Minnesota Statutes 2024, section 148.6432, is amended by adding a subdivision
20.4to read:
20.5 Subd. 1a.Delegation of duties.(a) The occupational therapist may delegate to an
20.6occupational therapy assistant those portions of the client's evaluation, reevaluation, and
20.7intervention that, according to prevailing national practice standards, can be performed by
20.8an occupational therapy assistant.
20.9 (b) The occupational therapist is responsible for all duties delegated to the occupational
20.10therapy assistant.
20.11 (c) The occupational therapist may not delegate portions of an evaluation or reevaluation
20.12of a person whose condition is changing rapidly.
20.13Sec. 41. Minnesota Statutes 2024, section 148.6432, subdivision 2, is amended to read:
20.14 Subd. 2.Evaluations.The occupational therapist shall determine the frequency of
20.15evaluations and reevaluations for each client. The occupational therapy assistant shall inform
20.16the occupational therapist of the need for more frequent reevaluation if indicated by the
20.17client's condition or response to treatment. Before delegating a portion of a client's evaluation
20.18pursuant to section 148.6430 subdivision 1a, the occupational therapist shall ensure the
20.19service competency of the occupational therapy assistant in performing the evaluation
20.20procedure and shall provide supervision consistent with the condition of the patient or client
20.21and the complexity of the evaluation procedure.
20.22Sec. 42. Minnesota Statutes 2024, section 148.6432, subdivision 3, is amended to read:
20.23 Subd. 3.Intervention.(a) The occupational therapist must determine the frequency and
20.24manner of supervision of an occupational therapy assistant performing intervention
20.25procedures delegated pursuant to section 148.6430 subdivision 1a based on the condition
20.26of the patient or client, the complexity of the intervention procedure, and the service
20.27competency of the occupational therapy assistant.
20.28 (b) Face-to-face collaboration between the occupational therapist and the occupational
20.29therapy assistant must occur for all clients every ten intervention days or every 30 days,
20.30whichever comes first, during which time the occupational therapist is responsible for:
20Sec. 42.
25-02854 as introduced02/04/25 REVISOR AGW/NS 21.1 (1) planning and documenting an initial intervention plan and discharge from
21.2interventions;
21.3 (2) reviewing intervention goals, therapy programs, and client progress;
21.4 (3) supervising changes in the intervention plan;
21.5 (4) conducting or observing intervention procedures for selected clients and documenting
21.6appropriateness of intervention procedures. Clients must be selected based on the
21.7occupational therapy services provided to the client and the role of the occupational therapist
21.8and the occupational therapy assistant in those services; and
21.9 (5) ensuring the service competency of the occupational therapy assistant in performing
21.10delegated intervention procedures.
21.11 (c) Face-to-face collaboration must occur more frequently if necessary to meet the
21.12requirements of paragraph (a) or (b).
21.13 (d) The occupational therapist must document compliance with this subdivision in the
21.14client's file or chart.
21.15Sec. 43. Minnesota Statutes 2024, section 148.6432, subdivision 4, is amended to read:
21.16 Subd. 4.Exception.(a) The supervision requirements of this section do not apply to an
21.17occupational therapy assistant who:
21.18 (1) works in an activities program; and
21.19 (2) does not perform occupational therapy services.
21.20 (b) The occupational therapy assistant must meet all other applicable requirements of
21.21sections 148.6401 to 148.6449 148.645.
21.22Sec. 44. Minnesota Statutes 2024, section 148.6435, is amended to read:
21.23 148.6435 COORDINATION OF SERVICES.
21.24 An occupational therapist must:
21.25 (1) collect information necessary to ensure that the provision of occupational therapy
21.26services are consistent with the client's physical and mental health status. The information
21.27required to make this determination may include, but is not limited to, contacting the client's
21.28licensed health care professional for health history, current health status, current medications,
21.29and precautions;
21Sec. 44.
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
22.2to the client, not tolerated by the client, or refused by the client, and if intervention was
22.3terminated for a medical reason, notify the client's licensed health care professional by
22.4correspondence postmarked or delivered to the licensed health care professional within one
22.5week of the termination of intervention;
22.6 (3) (2) refer a client to an appropriate health care, social service, or education practitioner
22.7if the client's condition requires services not within the occupational therapist's service
22.8competency or not within the practice of occupational therapy generally, or if the client's
22.9acuity warrants alternative care; and
22.10 (4) (3) participate and cooperate in the coordination of occupational therapy services
22.11with other related services, as a member of the professional community serving the client.
22.12Sec. 45. Minnesota Statutes 2024, section 148.6438, is amended to read:
22.13 148.6438 RECIPIENT NOTIFICATION.
22.14 Subdivision 1.Required notification.(a) In the absence of a physician, advanced
22.15practice registered nurse, or physician assistant licensed health care provider referral or
22.16prior authorization, and before providing occupational therapy services for remuneration
22.17or expectation of payment from the client, an occupational therapist must provide the
22.18following written notification in all capital letters of 12-point or larger boldface type, to the
22.19client, parent, or guardian in a format meeting national accessibility standards and the needs
22.20of the client, parent, or guardian:
22.21 "Your health care provider, insurer, or plan may require a physician, advanced practice
22.22registered nurse, or physician assistant licensed health care provider referral or prior
22.23authorization and you may be obligated for partial or full payment for occupational therapy
22.24services rendered."
22.25 (b) Information other than this notification may be included as long as the notification
22.26remains conspicuous on the face of the document. A nonwritten disclosure format may be
22.27used to satisfy the recipient notification requirement when necessary to accommodate the
22.28physical condition of a client or client's guardian.
22.29 Subd. 2.Evidence of recipient notification.The occupational therapist is responsible
22.30for providing evidence of compliance with the recipient notification requirement of this
22.31section with documentation of the client, parent, or guardian agreement.
22Sec. 45.
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:
23.2 Subd. 3.Activities qualifying for continuing education contact hours.(a) The activities
23.3in this subdivision qualify for continuing education contact hours if they meet all other
23.4requirements of this section.
23.5 (b) A minimum of one-half of the required contact hours must be directly related to
23.6occupational therapy practice. The remaining contact hours may be related to occupational
23.7therapy practice, the delivery of occupational therapy services, or to the practitioner's current
23.8professional role.
23.9 (c) A licensee may obtain an unlimited number of contact hours in any two-year
23.10continuing education period through participation in the following:
23.11 (1) attendance at educational programs of annual conferences, lectures, panel discussions,
23.12workshops, in-service training, seminars, and symposiums;
23.13 (2) successful completion of college or university courses. The licensee must obtain a
23.14grade of at least a "C" or a pass in a pass/fail course in order to receive credit. One college
23.15credit equals six continuing education contact hours; or
23.16 (3) successful completion of home study courses that require the participant to
23.17demonstrate the participant's knowledge following completion of the course provide
23.18documentation that the course was completed and that meet the requirements in subdivision
23.192.
23.20 (d) A licensee may obtain a maximum of one-half of the required contact hours in any
23.21two-year continuing education period for:
23.22 (1) teaching continuing education or occupational therapy related courses that meet the
23.23requirements of this section. A licensee is entitled to earn a maximum of two contact hours
23.24as preparation time for each contact hour of presentation time. Contact hours may be claimed
23.25only once for teaching the same course in any two-year continuing education period. A
23.26course schedule or brochure must be maintained for audit;
23.27 (2) supervising occupational therapist or occupational therapy assistant students. A
23.28licensee may earn one contact hour for every eight hours of student supervision. Licensees
23.29must ensure they receive documentation regarding each student supervised and the dates
23.30and hours each student was supervised. Contact hours obtained by student supervision must
23.31be obtained by supervising students from an occupational therapy education program
23.32accredited by the Accreditation Council for Occupational Therapy Education; and
23Sec. 46.
25-02854 as introduced02/04/25 REVISOR AGW/NS 24.1 (3) teaching or participating in courses related to leisure activities, recreational activities,
24.2or hobbies if the practitioner uses these interventions within the practitioner's current practice
24.3or employment; and
24.4 (4) (3) engaging in research activities or outcome studies that are related to the practice
24.5of occupational therapy and associated with grants, postgraduate studies, or publications in
24.6professional journals or books.
24.7 (e) A licensee may obtain a maximum of two contact hours in any two-year continuing
24.8education period for continuing education activities in the following areas:
24.9 (1) personal skill topics: career burnout, communication skills, human relations, and
24.10similar topics;
24.11 (2) training that is obtained in conjunction with a licensee's employment, occurs during
24.12a licensee's normal workday, and does not include subject matter specific to the fundamentals
24.13of occupational therapy basic life support and CPR training; and
24.14 (3) participation for a minimum of one year on a professional committee or board.
24.15Sec. 47. Minnesota Statutes 2024, section 148.6443, subdivision 4, is amended to read:
24.16 Subd. 4.Activities not qualifying for continuing education contact hours.Credit
24.17must not be granted for the following activities: hospital patient rounds,; entertainment or
24.18recreational activities,; volunteering; noneducational association meetings,; and employment
24.19orientation sessions and meetings, including but not limited to training required at the
24.20beginning of employment, annually, or routinely that is related to the employer's organization
24.21requirements.
24.22Sec. 48. Minnesota Statutes 2024, section 148.6443, subdivision 5, is amended to read:
24.23 Subd. 5.Reporting continuing education contact hours.Each licensee must use the
24.24continuing education reporting form to verify meeting the continuing education requirements
24.25of this section. The licensee must maintain documentation, including but not limited to a
24.26signed certificate, transcript, or similar evidence of participation in an activity. The
24.27documentation must include a:
24.28 (1) the title of the continuing education activity;
24.29 (2) a brief description of the continuing education activity prepared by the presenter or
24.30sponsor;
24.31 (3) the name of the sponsor, presenter, or author;
24Sec. 48.
25-02854 as introduced02/04/25 REVISOR AGW/NS 25.1 (4) the location and attendance dates;
25.2 (5) the number of contact hours; and
25.3 (6) the licensee's name.
25.4 Sec. 49. Minnesota Statutes 2024, section 148.6443, subdivision 6, is amended to read:
25.5 Subd. 6.Auditing continuing education reports.(a) The board may audit a percentage
25.6of the continuing education reports based on random selection. A licensee shall maintain
25.7all documentation required by this section for two years after the last day of the biennial
25.8licensure period in which the contact hours were earned.
25.9 (b) All renewal applications that are received after the expiration date may be subject
25.10to a continuing education report audit.
25.11 (c) Any licensee against whom a complaint is filed may be subject to a continuing
25.12education report audit.
25.13 (d) The licensee shall make the following information available to the board for auditing
25.14purposes:
25.15 (1) a copy of the completed continuing education reporting form for the continuing
25.16education reporting period that is the subject of the audit including all supporting
25.17documentation required by subdivision 5;
25.18 (2) documentation of university, college, or vocational school courses by a transcript
25.19and a course syllabus, listing in a course bulletin, or equivalent documentation that includes
25.20the course title, instructor's name, course dates, number of contact hours, and course content,
25.21objectives, or goals; and
25.22 (3) verification of attendance by that meets the requirements of subdivision 5 by
25.23submitting:
25.24 (i) a signature of certificate of attendance, or if a certificate is not available, other
25.25documentation from the presenter or a designee at the continuing education activity on the
25.26continuing education report form or a certificate of attendance with the course name, course
25.27date, and licensee's name submitted directly to the board confirming the requirements; or
25.28 (ii) a summary or outline of the educational content of an audio or video educational
25.29activity to verify the licensee's participation in the activity if a designee is not available to
25.30sign the continuing education report form; or
25Sec. 49.
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
26.2documentation indicating that the individual has demonstrated knowledge and has
26.3successfully completed the program.
26.4 Sec. 50. Minnesota Statutes 2024, section 148.6443, subdivision 7, is amended to read:
26.5 Subd. 7.Waiver Deferral of continuing education requirements.The board may
26.6waive or defer all or part of the continuing education requirements of this section if the
26.7licensee submits a written request and provides satisfactory evidence to the board of illness,
26.8injury, financial hardship, family hardship, or other similar extenuating circumstances that
26.9preclude completion of the requirements during the licensure period. The request for a
26.10waiver deferral must be in writing, state the circumstances that constitute hardship, state
26.11the period of time the licensee wishes to have the continuing education requirement waived
26.12deferred, and state the alternative measures that will be taken if a waiver deferral is granted.
26.13The board must set forth, in writing, the reasons for granting or denying the waiver deferral.
26.14Waivers Deferrals granted by the board must specify, in writing, the time limitation and
26.15required alternative measures to be taken by the licensee. A request for waiver deferral must
26.16be denied if the board finds that the circumstances stated by the licensee do not support a
26.17claim of hardship, the requested time period for waiver deferral is unreasonable, the
26.18alternative measures proposed by the licensee are not equivalent to the continuing education
26.19activity being waived deferred, or the request for waiver deferral is not submitted to the
26.20board within 60 calendar days of the expiration date.
26.21Sec. 51. Minnesota Statutes 2024, section 148.6443, subdivision 8, is amended to read:
26.22 Subd. 8.Penalties for noncompliance.The board shall refuse to renew or grant, or
26.23shall suspend, condition, limit, or otherwise qualify the license of any person who the board
26.24determines has failed to comply with the continuing education requirements of this section.
26.25A licensee may request reconsideration of the board's determination of noncompliance or
26.26the penalty imposed under this section by making a written request to the board within 30
26.27calendar days of the date of notification to the applicant. Individuals requesting
26.28reconsideration may submit information that the licensee wants considered in the
26.29reconsideration.
26.30Sec. 52. Minnesota Statutes 2024, section 148.6445, is amended by adding a subdivision
26.31to read:
26.32 Subd. 5a.Compact privilege fee.The fee for interstate licensure compact privilege to
26.33practice is $150.
26Sec. 52.
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
27.2to read:
27.3 Subd. 7a.Active mailing list.The fee for the standard active licensee mailing list
27.4delivered electronically is $500.
27.5 Sec. 54. Minnesota Statutes 2024, section 148.6448, subdivision 1, is amended to read:
27.6 Subdivision 1.Grounds for denial of licensure or discipline.The board may deny an
27.7application for licensure, may approve licensure with conditions, or may discipline a licensee
27.8using any disciplinary actions listed in subdivision 3 on proof that the individual has:
27.9 (1) intentionally submitted false or misleading information to the board;
27.10 (2) obtained a license by means of fraud, misrepresentation, or concealment of material
27.11facts;
27.12 (3) failed, within 30 days, to provide information in response to a written request by the
27.13board;
27.14 (3) (4) performed services of an occupational therapist or occupational therapy assistant
27.15practitioner in an incompetent manner or in a manner that falls below the community standard
27.16of care or national practice standards of care;
27.17 (4) (5) failed to satisfactorily perform occupational therapy services during a period of
27.18temporary licensure;
27.19 (5) (6) violated sections 148.6401 to 148.6449 148.645;
27.20 (6) (7) failed to perform services with reasonable judgment, skill, or safety due to the
27.21use of alcohol or drugs, or other physical or mental impairment;
27.22 (7) (8) been convicted of violating any state or federal law, rule, or regulation which
27.23directly reasonably relates to the practice of occupational therapy;
27.24 (9) failed to report other licensees that have violated sections 148.6401 to 148.645;
27.25 (8) (10) aided or abetted another person in violating any provision of sections 148.6401
27.26to 148.6449 148.645;
27.27 (9) (11) been disciplined for conduct in the practice of an occupation by the state of
27.28Minnesota, another jurisdiction, or a national professional association, if any of the grounds
27.29for discipline are the same or substantially equivalent to those in sections 148.6401 to
27.30148.6449 148.645;
27Sec. 54.
25-02854 as introduced02/04/25 REVISOR AGW/NS 28.1 (10) (12) not cooperated with the board in an investigation conducted according to
28.2subdivision 2;
28.3 (11) (13) advertised in a manner that is false or misleading;
28.4 (12) (14) engaged in dishonest, unethical, or unprofessional conduct in connection with
28.5the practice of occupational therapy that is likely to deceive, defraud, or harm the public;
28.6 (15) improperly managed client records, including but not limited to failure to maintain
28.7client records in a manner that meets community standards of care or nationally accepted
28.8practice standards;
28.9 (13) (16) demonstrated a willful or careless disregard for the health, welfare, or safety
28.10of a client;
28.11 (17) inappropriately supervised or delegated or assigned tasks to an occupational therapy
28.12assistant, occupational therapy student, rehabilitation aide, or other licensed professional;
28.13 (14) (18) performed medical diagnosis or provided intervention, other than occupational
28.14therapy, without being licensed to do so under the laws of this state;
28.15 (15) (19) paid or promised to pay a commission or part of a fee to any person who
28.16contacts the occupational therapist therapy practitioner for consultation or sends patients to
28.17the occupational therapist therapy practitioner for intervention;
28.18 (16) (20) engaged in an incentive payment arrangement, other than that prohibited by
28.19clause (15) (19), that promotes occupational therapy overutilization, whereby the referring
28.20person or person who controls the availability of occupational therapy services to a client
28.21profits unreasonably as a result of client intervention;
28.22 (17) (21) engaged in abusive or fraudulent billing practices, including violations of
28.23federal Medicare and Medicaid laws, Food and Drug Administration regulations, or state
28.24medical assistance laws;
28.25 (18) (22) obtained money, property, or services from a consumer through the use of
28.26undue influence, high pressure sales tactics, harassment, duress, deception, or fraud;
28.27 (19) (23) performed services for a client who had no possibility of benefiting from the
28.28services;
28.29 (20) (24) failed to refer a client for medical evaluation when appropriate or when a client
28.30indicated symptoms associated with diseases that could be medically or surgically treated;
28Sec. 54.
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
29.2by the client as sexual, or in any verbal behavior that is seductive or sexually demeaning to
29.3a patient;
29.4 (22) (26) violated a federal or state court order, including a conciliation court judgment,
29.5or a disciplinary order issued by the board, related to the person's occupational therapy
29.6practice; or
29.7 (23) (27) any other just cause related to the practice of occupational therapy.
29.8 Sec. 55. Minnesota Statutes 2024, section 148.6448, subdivision 2, is amended to read:
29.9 Subd. 2.Investigation of complaints.The board may initiate an investigation upon
29.10receiving a complaint or other oral or written communication that alleges or implies that a
29.11person has violated sections 148.6401 to 148.6449 148.645. In the receipt, investigation,
29.12and hearing of a complaint that alleges or implies a person has violated sections 148.6401
29.13to 148.6449 148.645, the board must follow the procedures in sections 214.10 and 214.103.
29.14Sec. 56. Minnesota Statutes 2024, section 148.6448, subdivision 4, is amended to read:
29.15 Subd. 4.Effect of specific disciplinary action on use of title.Upon notice from the
29.16board denying licensure renewal or upon notice that disciplinary actions have been imposed
29.17and the person is no longer entitled to practice occupational therapy and use the occupational
29.18therapy and licensed titles, the person shall cease to practice occupational therapy, to use
29.19titles protected by sections 148.6401 to 148.6449 148.645, and to represent to the public
29.20that the person is licensed by the board.
29.21Sec. 57. Minnesota Statutes 2024, section 148.6448, subdivision 6, is amended to read:
29.22 Subd. 6.Authority to contract.The board shall contract with the health professionals
29.23services program as authorized by sections 214.31 to 214.37 to provide these services to
29.24practitioners under this chapter. The health professionals services program does not affect
29.25the board's authority to discipline violations of sections 148.6401 to 148.6449 148.645.
29.26Sec. 58. Minnesota Statutes 2024, section 148.6449, subdivision 1, is amended to read:
29.27 Subdivision 1.Creation.The Board of Occupational Therapy Practice consists of 11
29.28members appointed by the governor. The members are:
29.29 (1) five occupational therapists licensed under sections 148.6401 to 148.6449 148.645;
29Sec. 58.
25-02854 as introduced02/04/25 REVISOR AGW/NS 30.1 (2) three occupational therapy assistants licensed under sections 148.6401 to 148.6449
30.2148.645; and
30.3 (3) three public members, including two members who have received occupational
30.4therapy services or have a family member who has received occupational therapy services,
30.5and one member who is a health care professional or health care provider licensed in
30.6Minnesota.
30.7 Sec. 59. Minnesota Statutes 2024, section 148.6449, subdivision 2, is amended to read:
30.8 Subd. 2.Qualifications of board members.(a) The occupational therapy practitioners
30.9appointed to the board must represent a variety of practice areas and settings.
30.10 (b) At least two occupational therapy practitioners three members of the board must be
30.11employed or reside outside the seven-county metropolitan area.
30.12 (c) Board members must not serve for more than two full consecutive terms.
30.13 (d) Interstate licensure compact privilege holders are not eligible to serve on the board.
30.14Sec. 60. Minnesota Statutes 2024, section 148.6449, subdivision 7, is amended to read:
30.15 Subd. 7.Duties of the Board of Occupational Therapy Practice.(a) The board shall:
30.16 (1) adopt and enforce rules and laws necessary for licensing occupational therapy
30.17practitioners;
30.18 (2) adopt and enforce rules for regulating the professional conduct of the practice of
30.19occupational therapy;
30.20 (3) issue licenses to qualified individuals in accordance with sections 148.6401 to
30.21148.6449 148.645;
30.22 (4) assess and collect fees for the issuance and renewal of licenses;
30.23 (5) educate the public about the requirements for licensing occupational therapy
30.24practitioners, educate occupational therapy practitioners about the rules of conduct, and
30.25enable the public to file complaints against applicants and licensees who may have violated
30.26sections 148.6401 to 148.6449 148.645; and
30.27 (6) investigate individuals engaging in practices that violate sections 148.6401 to
30.28148.6449 148.645 and take necessary disciplinary, corrective, or other action according to
30.29section 148.6448.
30Sec. 60.
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
31.2of sections 148.6401 to 148.6449 148.645. Rules shall be adopted according to chapter 14.
31.3 Sec. 61. REVISOR INSTRUCTION.
31.4 (a) The revisor of statutes shall renumber Minnesota Statutes, section 148.6408,
31.5subdivision 1, as Minnesota Statutes, section 148.6408, subdivision 1b.
31.6 (b) The revisor of statutes shall renumber Minnesota Statutes, section 148.6410,
31.7subdivision 1, as Minnesota Statutes, section 148.6410, subdivision 1b.
31.8 Sec. 62. REPEALER.
31.9 Minnesota Statutes 2024, sections 148.6402, subdivision 22a; 148.6420, subdivisions
31.102, 3, and 4; 148.6423, subdivisions 4, 5, 7, 8, and 9; 148.6425, subdivision 3; 148.6430;
31.11and 148.6445, subdivisions 5, 6, and 8, are repealed.
31Sec. 62.
25-02854 as introduced02/04/25 REVISOR AGW/NS 148.6402 DEFINITIONS.
Subd. 22a.Limited license."Limited license" means a license issued according to section
148.6425, subdivision 3, paragraph (c), to persons who for two years or more did not apply for a
license after meeting the requirements in section 148.6408 or 148.6410 or who allowed their license
to lapse for four years or more.
148.6420 APPLICATION REQUIREMENTS.
Subd. 2.Persons applying for licensure under section 148.6408 or 148.6410.Persons applying
for licensure under section 148.6408 or 148.6410 must submit the materials required in subdivision
1 and the following:
(1) a certificate of successful completion of the requirements in section 148.6408, subdivision
1, or 148.6410, subdivision 1; and
(2) the applicant's test results from the examining agency, as evidence that the applicant received
a qualifying score on a credentialing examination meeting the requirements of section 148.6408,
subdivision 2, or 148.6410, subdivision 2.
Subd. 3.Applicants certified by National Board for Certification in Occupational
Therapy.An applicant who is certified by the National Board for Certification in Occupational
Therapy must provide the materials required in subdivision 1 and the following:
(1) verified documentation from the National Board for Certification in Occupational Therapy
stating that the applicant is certified as an occupational therapist, registered or certified occupational
therapy assistant, the date certification was granted, and the applicant's certification number. The
document must also include a statement regarding disciplinary actions. The applicant is responsible
for obtaining this documentation by sending a form provided by the board to the National Board
for Certification in Occupational Therapy; and
(2) a waiver authorizing the board to obtain access to the applicant's records maintained by the
National Board for Certification in Occupational Therapy.
Subd. 4.Applicants credentialed in another jurisdiction.In addition to providing the materials
required in subdivision 1, an applicant credentialed in another jurisdiction must request that the
appropriate government body in each jurisdiction in which the applicant holds or held an occupational
therapy credential provide documentation to the board that verifies the applicant's credentials.
Except as provided in section 148.6418, a license must not be issued until the board receives
verification of each of the applicant's credentials. Each verification must include the applicant's
name and date of birth, credential number and date of issuance, a statement regarding investigations
pending and disciplinary actions taken or pending against the applicant, current status of the
credential, and the terms under which the credential was issued.
148.6423 LICENSURE RENEWAL.
Subd. 4.License renewal cycle conversion.The license renewal cycle for occupational therapy
licensees is converted to a two-year cycle where renewal is due on the last day of the licensee's
month of birth. Conversion pursuant to this section begins January 1, 2021. This section governs
license renewal procedures for licensees who were licensed before December 31, 2020. The
conversion renewal cycle is the renewal cycle following the first license renewal after January 1,
2020. The conversion license period is the license period for the conversion renewal cycle. The
conversion license period is between 13 and 24 months and ends on the last day of the licensee's
month of birth in either 2022 or 2023, as described in subdivision 5.
Subd. 5.Conversion of license renewal cycle for current licensees.For a licensee whose
license is current as of December 31, 2020, the licensee's conversion license period begins on
January 1, 2021, and ends on the last day of the licensee's month of birth in 2023, except that for
licensees whose month of birth is January, February, March, April, May, or June, the licensee's
renewal cycle ends on the last day of the licensee's month of birth in 2022.
Subd. 7.Subsequent renewal cycles.After the licensee's conversion renewal cycle under
subdivision 5 or 6, subsequent renewal cycles are biennial and begin on the first day of the month
following the licensee's birth month.
Subd. 8.Conversion period and fees.(a) A licensee who holds a license issued before January
1, 2021, and who renews that license pursuant to subdivision 5 or 6, must pay a renewal fee as
required in this subdivision.
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APPENDIX
Repealed Minnesota Statutes: 25-02854 (b) A licensee must be charged the biennial license fee listed in section 148.6445 for the
conversion license period.
(c) For a licensee whose conversion license period is 13 to 24 months, the first biennial license
fee charged after the conversion license period must be adjusted to credit the excess fee payment
made during the conversion license period. The credit is calculated by:
(1) subtracting the number of months of the licensee's conversion license period from 24; and
(2) multiplying the result of clause (1) by 1/24 of the biennial fee rounded up to the next dollar.
(d) For a licensee whose conversion license period is 24 months, the first biennial license fee
charged after the conversion license period must not be adjusted.
(e) For the second and all subsequent license renewals made after the conversion license period,
the licensee's biennial license fee is as listed in section 148.6445.
Subd. 9.Expiration.Subdivisions 4, 5, 7, and 8 expire December 31, 2023.
148.6425 RENEWAL OF LICENSURE; AFTER EXPIRATION DATE.
Subd. 3.Licensure renewal four years or more after licensure expiration date.(a) An
individual who requests licensure renewal four years or more after the licensure expiration date
must submit the following:
(1) a completed and signed application for licensure on forms provided by the board;
(2) the renewal fee and the late fee required under section 148.6445 if renewal application is
based on paragraph (b), clause (1), (2), or (3), or the renewal fee required under section 148.6445
if renewal application is based on paragraph (b), clause (4);
(3) proof of having met the continuing education requirement in section 148.6443, subdivision
1, except the continuing education must be obtained in the two years immediately preceding
application renewal; and
(4) at the time of the next licensure renewal, proof of having met the continuing education
requirement, which shall be prorated based on the number of months licensed during the two-year
licensure period.
(b) In addition to the requirements in paragraph (a), the applicant must submit proof of one of
the following:
(1) verified documentation of successful completion of 160 hours of supervised practice approved
by the board as described in paragraph (c);
(2) verified documentation of having achieved a qualifying score on the credentialing examination
for occupational therapists or the credentialing examination for occupational therapy assistants
administered within the past year;
(3) documentation of having completed a combination of occupational therapy courses or an
occupational therapy refresher program that contains both a theoretical and clinical component
approved by the board. Only courses completed within one year preceding the date of the application
or one year after the date of the application qualify for approval; or
(4) evidence that the applicant holds a current and unrestricted credential for the practice of
occupational therapy in another jurisdiction and that the applicant's credential from that jurisdiction
has been held in good standing during the period of lapse.
(c) To participate in a supervised practice as described in paragraph (b), clause (1), the applicant
shall obtain limited licensure. To apply for limited licensure, the applicant shall submit the completed
limited licensure application, fees, and agreement for supervision of an occupational therapist or
occupational therapy assistant practicing under limited licensure signed by the supervising therapist
and the applicant. The supervising occupational therapist shall state the proposed level of supervision
on the supervision agreement form provided by the board. The supervising therapist shall determine
the frequency and manner of supervision based on the condition of the patient or client, the
complexity of the procedure, and the proficiencies of the supervised occupational therapist. At a
minimum, a supervising occupational therapist shall be on the premises at all times that the person
practicing under limited licensure is working; be in the room ten percent of the hours worked each
week by the person practicing under limited licensure; and provide daily face-to-face collaboration
for the purpose of observing service competency of the occupational therapist or occupational
therapy assistant, discussing treatment procedures and each client's response to treatment, and
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APPENDIX
Repealed Minnesota Statutes: 25-02854 reviewing and modifying, as necessary, each treatment plan. The supervising therapist shall document
the supervision provided. The occupational therapist participating in a supervised practice is
responsible for obtaining the supervision required under this paragraph and must comply with the
board's requirements for supervision during the entire 160 hours of supervised practice. The
supervised practice must be completed in two months and may be completed at the applicant's place
of work.
(d) In addition to the requirements in paragraphs (a) and (b), the applicant must submit additional
information as requested by the board to clarify information in the application, including information
to determine whether the applicant has engaged in conduct warranting disciplinary action as set
forth in section 148.6448. The information must be submitted within 30 days after the board's
request.
148.6430 DELEGATION OF DUTIES; ASSIGNMENT OF TASKS.
The occupational therapist is responsible for all duties delegated to the occupational therapy
assistant or tasks assigned to direct service personnel. The occupational therapist may delegate to
an occupational therapy assistant those portions of a client's evaluation, reevaluation, and intervention
that, according to prevailing national practice standards, can be performed by an occupational
therapy assistant. The occupational therapist may not delegate portions of an evaluation or
reevaluation of a person whose condition is changing rapidly.
148.6445 FEES.
Subd. 5.Limited licensure fee.The fee for limited licensure is $100.
Subd. 6.Fee for course approval after lapse of licensure.The fee for course approval after
lapse of licensure is $100.
Subd. 8.Verification to institutions.The fee for verification of licensure to institutions is $10.
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APPENDIX
Repealed Minnesota Statutes: 25-02854