A bill for an act
relating to labor and industry; making policy and technical changes to construction
codes and licensing provisions; amending Minnesota Statutes 2022, sections
326B.0981, subdivisions 3, 4, 8; 326B.33, subdivisions 7, 21; 326B.36, subdivision
2; Minnesota Statutes 2023 Supplement, section 326B.36, subdivision 7.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2022, section 326B.0981, subdivision 3, is amended to read:


Subd. 3.

Content.

(a) Continuing education consists of approved courses that impart
appropriate and related knowledge in the regulated industries pursuant to this chapter and
other applicable federal and state laws, rules, and regulations. Courses may include relevant
materials that are included in licensing exams subject to the limitations imposed in
subdivision 11. The burden of demonstrating that courses impart appropriate and related
knowledge is upon the person seeking approval or credit.

(b) Except as required for Internet continuing education, course examinations will not
be required for continuing education courses.

(c) If textbooks are not used as part of the course, the sponsor must provide students
with a syllabus containing the course title; the times and dates of the course offering; the
name, address, and telephone number of the course sponsor; the name and affiliation of the
instructor; and a detailed outline of the subject materials to be covered. Any written or
printed material given to students must be of readable quality and contain accurate and
current information.

(d) Upon completion of an approved course, licensees shall earn one hour of continuing
education credit for each classroom hour approved by the commissioner. Each continuing
education course must be attended in its entirety in order to receive credit for the number
of approved hours. Courses may be approved for full or partial credit, and for more than
one regulated industry.

(e) Continuing education credit in an approved course shall be awarded to presenting
instructors on the basis of one credit for each hour of the initial presentation. Continuing
education credits for completion of an approved course may only be used once for renewal
of a specific license.

(f) Courses will be approved using the following guidelines:

(1) course content must demonstrate significant intellectual or practical content and deal
with matters directly related to the practice in the regulated industry, workforce safety, or
the business of running a company in the regulated industry. Courses may also address the
professional responsibility or ethical obligations of a licensee related to work in the regulated
industry;

(2) the following courses may be approved if they are specifically designed for the
regulated industry and are in compliance with paragraph (g):

(i) courses approved by the Minnesota Board of Continuing Legal Education; or

(ii) courses approved by the International Code Council, National Association of Home
Building, or other nationally recognized professional organization of the regulated industry;
and

(3) courses must be presented and attended in a suitable classroom or construction setting,
except for Internet education courses which must meet the requirements of subdivision deleted text begin 5adeleted text end new text begin
4
new text end . Courses presented via video recording, simultaneous broadcast, or teleconference may
be approved provided the sponsor is available at all times during the presentation, except
for Internet education courses which must meet the requirements of subdivision deleted text begin 5adeleted text end new text begin 4new text end .

(g) The following courses will not be approved for credit:

(1) courses designed solely to prepare students for a license examination;

(2) courses in mechanical office skills, including typing, speed reading, or other machines
or equipment. Computer courses are allowed, if appropriate and related to the regulated
industry;

(3) courses in sales promotion, including meetings held in conjunction with the general
business of the licensee;

(4) courses in motivation, salesmanship, psychology, or personal time management;

(5) courses that are primarily intended to impart knowledge of specific products of
specific companies, if the use of the product or products relates to the sales promotion or
marketing of one or more of the products discussed; or

(6) courses where any of the educational content of the course is the State Building Code
that include code provisions that have not been adopted into the State Building Code unless
the course materials clarify that the code provisions have been officially adopted into a
future version of the State Building Code and the effective date of enforcement.

(h) Nothing in this subdivision shall limit an authority expressly granted to the Board
of Electricity, Board of High Pressure Piping Systems, or Plumbing Board.

Sec. 2.

Minnesota Statutes 2022, section 326B.0981, subdivision 4, is amended to read:


Subd. 4.

Internet continuing education.

(a) The design and delivery of an Internet
continuing education course must be approved by the International Distance Education
Certification Center (IDECC) or the International Association for Continuing Education
and Training (IACET) before the course is submitted for the commissioner's approval. The
approval must accompany the course submitted.

(b) Paragraphs (a) and deleted text begin (c)deleted text end new text begin (d)new text end do not apply to approval of an Internet continuing education
course for manufactured home installers. An Internet continuing education course for
manufactured home installers must be approved by the United States Department of Housing
and Urban Development or by the commissioner of labor and industry. The approval must
accompany the course completion certificate issued to each student by the course sponsor.

new text begin (c) Paragraph (a) does not apply to approval of an Internet continuing education course
for elevator constructors. An Internet continuing education course for elevator constructors
must be approved by the commissioner of labor and industry. The approval must accompany
the course completion certificate issued to each student by the course sponsor.
new text end

deleted text begin (c)deleted text end new text begin (d)new text end An Internet continuing education course must:

(1) specify the minimum computer system requirements;

(2) provide encryption that ensures that all personal information, including the student's
name, address, and credit card number, cannot be read as it passes across the Internet;

(3) include technology to guarantee seat time;

(4) include a high level of interactivity;

(5) include graphics that reinforce the content;

(6) include the ability for the student to contact an instructor or course sponsor within
a reasonable amount of time;

(7) include the ability for the student to get technical support within a reasonable amount
of time;

(8) include a statement that the student's information will not be sold or distributed to
any third party without prior written consent of the student. Taking the course does not
constitute consent;

(9) be available 24 hours a day, seven days a week, excluding minimal downtime for
updating and administration, except that this provision does not apply to live courses taught
by an actual instructor and delivered over the Internet;

(10) provide viewing access to the online course at all times to the commissioner,
excluding minimal downtime for updating and administration;

(11) include a process to authenticate the student's identity;

(12) inform the student and the commissioner how long after its purchase a course will
be accessible;

(13) inform the student that license education credit will not be awarded for taking the
course after it loses its status as an approved course;

(14) provide clear instructions on how to navigate through the course;

(15) provide automatic bookmarking at any point in the course;

(16) provide questions after each unit or chapter that must be answered before the student
can proceed to the next unit or chapter;

(17) include a reinforcement response when a quiz question is answered correctly;

(18) include a response when a quiz question is answered incorrectly;

(19) include a final examination in which the student must correctly answer 70 percent
of the questions;

(20) allow the student to go back and review any unit at any time, except during the final
examination;

(21) provide a course evaluation at the end of the course. At a minimum, the evaluation
must ask the student to report any difficulties caused by the online education delivery
method;

(22) provide a completion certificate when the course and exam have been completed
and the provider has verified the completion. Electronic certificates are sufficient and shall
include the name of the provider, date and location of the course, educational program