S.F. No. 1426 establishes licensure requirements for medical laboratory science professionals.
Section 1 (148F.01) provides definitions of key terms used in this chapter.
Section 2 (148F.02) lists the exceptions to this chapter.
Section 3 (148F.03).
Subdivision 1 requires that as of January 1, 2014, individuals performing medical laboratory tests must be licensed under this chapter.
Subdivision 2 lists the protected occupational titles that may only be used by individuals licensed under this chapter.
Subdivision 3 states that individuals licensed under this chapter and licensed or certified in another state, may use a designation only if they clearly indicate the state of licensure or certification.
Section 4 (148F.035) states that medical laboratory professionals perform laboratory tests and provide results upon request or upon referral from a physician. Lists the activites involved in the practice of medical laboratory science.
Section 5 (148F.04) specifies the duties to be performed by the Commissioner of Health, with the advice of the advisory council:
administer licensure procedures under this chapter;
authorize and approve future competency‑based examinations for licensure of medical laboratory professionals on the recommendation of the advisory council;
enforce standard for professional conduct;
issue licenses to qualified individuals;
collect and deposit fees; and
maintain a roster on licensed medical laboratory professionals, including disciplinary actions taken.
Section 6 (148F.05) establishes a Medical Laboratory Science Professional Licensing Advisory Council.
Subdivision 1 states that the membership of the council shall include eleven members appointed by the commissioner. Specifies that the membership must include six medical laboratory science professionals, three physicians who are pathologists, one physician who is not a laboratory director or a pathologist, and one member representing the public.
Subdivision 2 specifies the duties of the advisory council, including the following:
advise the commissioner on licensure standards, enforcement, and issues related to taking disciplinary action;
distribute information on medical laboratory science licensure standards;
review applications for licensure upon request of the commissioner and make recommendations as to granting licensure; and
perform other duties requested by the commissioner.
Subdivision 3 specifies that Minnesota Statutes, section 15.059, shall govern the organization and administration of the advisory council.
Subdivision 4 requires the commissioner of health to provide the necessary support and space for the advisory council.
Section 7 (148F.06) establishes temporary requirements for licensure during the transition period.
Subdivision 1 permits qualified individuals to perform medical laboratory tests without a license until January 1, 2014.
Subdivision 2 provides requirements for licensure for employed medical laboratory science professionals who do not otherwise meet the qualifications for licensure under this chapter if the applicant meets certain requirements. This subdivision expires January 1, 2013.
Section 8 (148F.07) sets out the requirements for licensure for each of the following professions and specialties: medical laboratory scientist (MLS); medical laboratory scientist, categorical; medical laboratory technician (MLT); medical laboratory specialist in molecular biology; medical laboratory specialist in cytogenetics; histocompatibility technologist; medical laboratory subspecialist; cytotechologist; histotechnologist; and histotechnician. The requirements for each include education, experience and training, and a certification examination.
Section 9 (148F.08) provides licensure requirements for qualified individuals licensed in other states.
Subdivision 1 states that the commissioner may issue a license to an applicant similarly licensed in another state provided the standards for licensure in the other state meet or exceed the licensure requirements provided in this chapter.
Subdivision 2 requires that applicants applying under this section provide necessary evidence of credentials to the commissioner.
Subdivision 3 specifies requirements for verification letters that must be submitted to the commissioner as evidence of an applicant’s unrestricted credentials.
Section 10 (148F.09) establishes temporary license requirements.
Paragraph (a) lists requirements for a temporary license, including eligibility to sit for a certification examination or awaiting exam results, or seeking to qualify for a certification examination by completing supervised medical laboratory experience.
Paragraph (b) states that a temporary license is for a 12‑month period and may be renewed for two additional periods at the discretion of the commissioner.
Paragraph (c) states that a temporary license expires after 12 months or on the date the commissioner issues or denies a permanent license to the holder.
Paragraph (d) states that a temporary license authorizes the holder to perform tests only in the area of practice for which the holder is seeking a permanent license.
Section 11 (148F.10) specifies the procedures for licensure application. States that applicant must submit an application and required fee to the commissioner. Requires the commissioner to issue the appropriate license to qualified individuals.
Section 12 (148F.11) describes license renewal requirements.
Subdivision 1 requires that licenses be renewed every two years.
Subdivision 2 states the requirements for renewal, including a renewal application, a renewal fee, and completion of required continuing education.
Section 13 (148F.12) provides a procedure for licensure for an applicant whose licensure status has lapsed.
Section 14 (148F.13) states that the requirements for continuing education shall be determined by the certification agencies noted in this chapter.
Section 15 (148F.14) describes the investigation process and grounds for disciplinary action.
Subdivision 1, paragraph (a), authorizes the commissioner to impose disciplinary action against certain applicants or licensees. Lists the actions that warrant disciplinary action under this chapter.
Paragraph (b) lists the actions that the commissioner may take against an applicant or licensee if grounds for disciplinary action exist, including, but not limited to, refusing to grant or renew a license, revoking or suspending a license, imposing limitations or conditions upon a license, or imposing a civil penalty of up to $10,000 for each violation.
Paragraph (c) requires that an individual who is denied licensure or has had their license revoked must cease providing services under the license and cease holding out that they are licensed to practice.
Paragraph (d) states that a licensee whose license is suspended may request reinstatement of licensure, and must meet the requirements for renewal before having the license reinstated.
Paragraph (e) permits the commissioner to contract with a health professional services program for services to licensees under this chapter.
Subdivision 2 states that medical laboratory professionals are accountable for the quality and integrity of the services they provide, and specifies the duty to the patient.
Subdivision 3 states that medical laboratory professionals shall strive to uphold the dignity and respect of the profession and strive to maintain a reputation of honesty, integrity, and reliability, and to actively strive to establish cooperative and respectful working relationships with other health care professionals.
Section 16 (148F.15) provides requirements for reporting to the commissioner regarding licensee conduct that may be grounds for disciplinary action.
Subdivision 1 permits individuals with knowledge of conduct constituting grounds for disciplinary action to report the violation to the commissioner.
Subdivision 2 requires certain agencies, local units of government, hospitals, clinics, and other institutions to report to the commissioner any action taken by that institution to discipline a medical laboratory professional and any other conduct that may be grounds for disciplinary action by the commissioner.
Subdivision 3 requires professional societies for medical laboratory science professionals to report to the commissioner any disciplinary action taken against a licensee.
Subdivision 4 requires licensed health professionals with personal knowledge to report to the commissioner conduct by a licensee that constitutes grounds for disciplinary action.
Subdivision 5 requires medical laboratory science professionals to report to the commissioner any personal actions that are grounds for disciplinary action, and any disciplinary action taken against the licensee in another state.
Subdivision 6 states that conduct must be reported within 30 days after the reporter learns of the conduct, and permits the commissioner to provide certain forms for such reporting.
Subdivision 7 provides that reporters, except for self‑reporters, are immune from civil liability or criminal prosecution for reporting violations of this chapter to the commissioner.
Subdivision 8 provides immunity for employees and consultants of the Department of Health and the advisory council members for their duties under this chapter.
Section 17 (148F.16) specifies the fees that may be imposed under this chapter.
Subdivision 1 provides a blank value for the initial licensure fee.
Subdivision 2 provides a blank value for the renewal fee.
Subdivision 3 provides for a $45 fee for late submission of a renewal application.
Subdivision 4 provides for a $50 fee for a temporary license.
Subdivision 5 provides for a $25 fee for verification of licensure in other states.
Subdivision 6 provides for a $10 fee for verification of licensure to institutions.
Subdivision 7 states that these fees are nonrefundable.
Subdivision 8, paragraph (a), states that the fee for practicing without a renewed license is the amount of the renewal fee for the first month plus the renewal fee for any part of subsequent months, up to 36 months.
Paragraph (b) states that the fee for practicing without first being issued a license is the amount of the licenses application fee for the first month and for any part of subsequent months, up to 36 months.
Paragraph (c) states that the fee for failing to submit a continuing education report by the due date is $50.
Paragraph (d) states that civil penalties and discipline incurred by a licensee for conduct in paragraphs (a) to (c) before January 1, 2014, will be recorded as nondisciplinary penalty fees. States that payment of a penalty fee for conduct in paragraph (a) or (b) that occurs after January 1, 2014, and exceeds six months, does not preclude other disciplinary action.
Section 18 requires the commissioner of health to complete the first appointments to the advisory council no later than September 1, 2012, and that the first meeting convene no later than October 1, 2012. This section also specifies the countil to select its chair at the first council meeting.
Section 19 establishes an effective date of July 1, 2012.