Subdivision 1. Unlicensed practice prohibited. A person must not engage in the practice of occupational therapy unless the person is licensed as an occupational therapy practitioner in accordance with sections 148.6401 to 148.6449.
Subd. 2. Protected titles and restrictions on use. Use of the phrase "occupational therapy" or "occupational therapist," or the initials "OT" alone or in combination with any other words or initials to form an occupational title, or to indicate or imply that the person is licensed by the state as an occupational therapist or occupational therapy assistant, is prohibited unless that person is licensed under sections 148.6401 to 148.6449.
Subd. 3. Use of "Minnesota licensed." Use of the term "Minnesota licensed" in conjunction with titles protected under this section by any person is prohibited unless that person is licensed under sections 148.6401 to 148.6449.
Subd. 4. Persons licensed or certified in other states. A person who is licensed in Minnesota and licensed or certified in another state may use the designation "licensed" or "certified" with a protected title only if the state of licensure or certification is clearly indicated.
Subd. 5. Exempt persons. This section does not apply to:
(1) a person employed as an occupational therapy practitioner by the government of the United States or any agency of it. However, use of the protected titles under those circumstances is allowed only in connection with performance of official duties for the federal government;
(2) a student participating in supervised fieldwork or supervised coursework that is necessary to meet the requirements of section 148.6408, subdivision 1, or 148.6410, subdivision 1, if the person is designated by a title which clearly indicates the person's status as a student trainee. Any use of the protected titles under these circumstances is allowed only while the person is performing the duties of the supervised fieldwork or supervised coursework; or
(3) a person visiting and then leaving the state and performing occupational therapy services while in the state, if the services are performed no more than 30 days in a calendar year as part of a professional activity that is limited in scope and duration and is in association with an occupational therapist licensed under sections 148.6401 to 148.6449, and
(i) the person is credentialed under the law of another state which has credentialing requirements at least as stringent as the requirements of sections 148.6401 to 148.6449; or
(ii) the person meets the requirements for certification as an occupational therapist registered (OTR) or a certified occupational therapy assistant (COTA), established by the National Board for Certification in Occupational Therapy.
Subd. 6. Sanctions. A person who practices occupational therapy or holds out as an occupational therapy practitioner by or through the use of any title described in subdivision 2 without prior licensure according to sections 148.6401 to 148.6449 is subject to sanctions or action against continuing the activity according to section 148.6448, chapter 214, or other statutory authority.
Subd. 7. Exemption. Nothing in sections 148.6401 to 148.6449 shall prohibit the practice of any profession or occupation licensed or registered by the state by any person duly licensed or registered to practice the profession or occupation or to perform any act that falls within the scope of practice of the profession or occupation.
2000 c 361 s 3; 2004 c 279 art 1 s 20; 1Sp2017 c 6 art 11 s 54; 2020 c 79 art 2 s 3-5
Structure Minnesota Statutes
Chapter 148 — Public Health Occupations
Section 148.01 — Chiropractic.
Section 148.02 — Chiropractors; State Board Of Examiners.
Section 148.031 — Continuing Education.
Section 148.032 — Registration In Animal Chiropractic Diagnosis And Treatment.
Section 148.033 — Animal Chiropractic Continuing Education Hours.
Section 148.035 — Separate Treatment Room Required.
Section 148.05 — License And Fee.
Section 148.06 — Application; Examination; License; Fee.
Section 148.07 — Renewal Fees; Expenses.
Section 148.09 — Independent Examination.
Section 148.10 — Licenses Revoked; New Licenses.
Section 148.102 — Reports Of State Or Local Societies.
Section 148.103 — Immunity For Reporting Or Investigating.
Section 148.104 — Cooperation During Investigations.
Section 148.106 — Peer Review Of Services And Fees.
Section 148.107 — Record Keeping.
Section 148.171 — Definitions; Title.
Section 148.181 — Board Of Nursing Membership, Vacancies, Disclosure.
Section 148.191 — Officers; Staff; Powers.
Section 148.212 — Temporary Permit.
Section 148.231 — Registration; Failure To Register; Reregistration; Verification.
Section 148.233 — Identification Of Certified Registered Nurses.
Section 148.234 — State Boundaries Consideration.
Section 148.235 — Prescribing Drugs And Therapeutic Devices.
Section 148.243 — Fee Amounts.
Section 148.251 — Nursing Program.
Section 148.261 — Grounds For Disciplinary Action.
Section 148.263 — Reporting Obligations.
Section 148.265 — Nurse Cooperation.
Section 148.266 — Disciplinary Record On Judicial Review.
Section 148.267 — Reports To Commissioner Of Health.
Section 148.281 — Violations; Penalty.
Section 148.285 — Transfer Of Assets.
Section 148.512 — Definitions.
Section 148.513 — Licensure; Protected Titles And Restrictions On Use; Exemptions.
Section 148.514 — General Licensure Requirements; Procedures And Qualifications.
Section 148.515 — Qualifications For Licensure.
Section 148.516 — Licensure By Equivalency.
Section 148.5161 — Clinical Fellowship Licensure Or Doctoral Externship Licensure.
Section 148.517 — Licensure By Reciprocity.
Section 148.5175 — Temporary Licensure.
Section 148.518 — Licensure Following Lapse Of Licensure Status.
Section 148.519 — Licensure Procedures.
Section 148.5191 — Licensure Renewal.
Section 148.5192 — Speech-language Pathology Assistants.
Section 148.5193 — Continuing Education Requirements.
Section 148.5195 — Investigation Process And Grounds For Disciplinary Action.
Section 148.5196 — Speech-language Pathologist And Audiologist Advisory Council.
Section 148.5197 — Hearing Aid Dispensing.
Section 148.5198 — Restriction On Sale Of Hearing Aids.
Section 148.52 — Board Of Optometry.
Section 148.53 — Powers Of Board.
Section 148.56 — Optometrists.
Section 148.574 — Prohibitions Relating To Legend Drugs.
Section 148.575 — Certificate Required For Use Of Legend Drugs.
Section 148.577 — Standard Of Care.
Section 148.59 — License Renewal; License And Registration Fees.
Section 148.595 — Temporary Military Permit; Fee.
Section 148.603 — Grounds For Disciplinary Action.
Section 148.604 — Reporting Obligations.
Section 148.606 — Optometrist Cooperation.
Section 148.607 — Disciplinary Actions.
Section 148.621 — Definitions.
Section 148.622 — Board Of Dietetics And Nutrition Practice.
Section 148.623 — Duties Of The Board.
Section 148.624 — Licensure; Renewal.
Section 148.625 — Application.
Section 148.626 — Continuing Education Required.
Section 148.628 — Reciprocity.
Section 148.629 — Denial, Suspension, Or Revocation.
Section 148.630 — License Required.
Section 148.632 — Exemptions; Voluntary Licensing.
Section 148.633 — Disposition Of Funds.
Section 148.634 — Prescription Protocol.
Section 148.6402 — Definitions.
Section 148.6403 — Licensure; Protected Titles And Restrictions On Use; Exempt Persons; Sanctions.
Section 148.6404 — Scope Of Practice.
Section 148.6405 — Licensure Application Requirements: Procedures And Qualifications.
Section 148.6408 — Qualifications For Occupational Therapist.
Section 148.6410 — Qualifications For Occupational Therapy Assistants.
Section 148.6412 — Licensure By Equivalency.
Section 148.6415 — Licensure By Reciprocity.
Section 148.6418 — Temporary Licensure.
Section 148.6420 — Application Requirements.
Section 148.6423 — Licensure Renewal.
Section 148.6425 — Renewal Of Licensure; After Expiration Date.
Section 148.6428 — Change Of Contact Information Or Employment.
Section 148.6430 — Delegation Of Duties; Assignment Of Tasks.
Section 148.6432 — Supervision Of Occupational Therapy Assistants.
Section 148.6435 — Coordination Of Services.
Section 148.6438 — Recipient Notification.
Section 148.6443 — Continuing Education Requirements.
Section 148.6449 — Board Of Occupational Therapy Practice.
Section 148.66 — State Board Of Physical Therapy, Duties.
Section 148.67 — State Board Of Physical Therapy; Membership Appointments, Vacancies, Removals.
Section 148.691 — Officers; Executive Director.
Section 148.70 — Applicants, Qualifications.
Section 148.705 — Application.
Section 148.706 — Physical Therapist Assistants, Aides, And Students.
Section 148.71 — Temporary Permits.
Section 148.721 — Educational Requirements For Licensed Physical Therapist.
Section 148.722 — Educational Requirements For Licensed Physical Therapist Assistant.
Section 148.723 — Examination For Licensed Physical Therapist.
Section 148.724 — Examination For Licensed Physical Therapist Assistant.
Section 148.725 — Requirements For Foreign-educated Applicants.
Section 148.735 — Cancellation Of License In Good Standing.
Section 148.736 — Cancellation Of Credentials Under Disciplinary Order.
Section 148.737 — Cancellation Of License For Nonrenewal.
Section 148.741 — Applicability Of Rules.
Section 148.75 — Disciplinary Action.
Section 148.754 — Examination; Access To Medical Data.
Section 148.755 — Temporary Suspension Of License.
Section 148.76 — Prohibited Conduct.
Section 148.78 — Prosecution, Allegations.
Section 148.7802 — Definitions.
Section 148.7803 — Prohibited Practice Or Use Of Titles; Penalty.
Section 148.7804 — Powers Of The Board.
Section 148.7805 — Athletic Trainers Advisory Council.
Section 148.7806 — Athletic Training.
Section 148.7807 — Limitations On Practice.
Section 148.7808 — Licensure; Requirements.
Section 148.7809 — License Renewal.
Section 148.7810 — Board Action On Applications.
Section 148.7811 — Change Of Address.
Section 148.7812 — Continuing Education Requirements.
Section 148.7813 — Disciplinary Process.
Section 148.7814 — Applicability.
Section 148.881 — Declaration Of Policy.
Section 148.90 — Board Of Psychology.
Section 148.905 — Duties Of The Board.
Section 148.9051 — Psychology Interjurisdictional Compact (psypact).
Section 148.907 — Licensed Psychologist.
Section 148.9075 — Exemptions To License Requirement.
Section 148.9077 — Relicensure.
Section 148.909 — Licensure For Volunteer Practice.
Section 148.9105 — Emeritus Registration.
Section 148.911 — Continuing Education.
Section 148.915 — Reciprocity.
Section 148.916 — Guest Licensure.
Section 148.925 — Supervision.
Section 148.941 — Disciplinary Action; Investigation; Penalty For Violation.
Section 148.96 — Presentation To Public.
Section 148.965 — Test Security.
Section 148.975 — Duty To Warn; Limitation On Liability; Violent Behavior Of Patient.
Section 148.98 — Rules Of Conduct.
Section 148.995 — Definitions.
Section 148.9965 — Designation Of Doula Certification Organizations By Commissioner.