3rd Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to health; modifying the Health Care 1.3 Administrative Simplification Act; providing for 1.4 regulation of unlicensed complementary and alternative 1.5 health care practitioners; modifying provisions for 1.6 speech-language pathologists, audiologists, unlicensed 1.7 mental health practitioners, alcohol and drug 1.8 counselors, and hearing instrument dispensers; 1.9 providing civil penalties; requiring reports; amending 1.10 Minnesota Statutes 1998, sections 62J.51, by adding 1.11 subdivisions; 62J.52, subdivisions 1, 2, and 5; 1.12 62J.60, subdivision 1; 148.512, subdivision 5; 1.13 148.515, subdivision 3; 148.517, by adding a 1.14 subdivision; 148.518, subdivision 2; 148.5193, 1.15 subdivisions 1, 2, 4, 6, and by adding a subdivision; 1.16 148.5196, subdivision 3; 148B.60, subdivision 3; 1.17 148B.68, subdivision 1; 148B.69, by adding a 1.18 subdivision; 148B.71, subdivision 1; 148C.01, 1.19 subdivisions 2, 7, 9, 10, and by adding a subdivision; 1.20 148C.03, subdivision 1; 148C.04, subdivision 3, and by 1.21 adding subdivisions; 148C.06, subdivisions 1 and 2; 1.22 148C.09, subdivisions 1 and 1a; 148C.10, by adding a 1.23 subdivision; 148C.11, subdivision 1; 153A.13, 1.24 subdivision 9, and by adding subdivisions; 153A.14, 1.25 subdivisions 1, 2a, 2h, 4, 4a, and by adding 1.26 subdivisions; and 153A.15, subdivision 1; Minnesota 1.27 Statutes 1999 Supplement, sections 13.99, by adding a 1.28 subdivision; 147.09; and 214.01, subdivision 2; Laws 1.29 1999, chapter 223, article 2, section 81, as amended; 1.30 proposing coding for new law in Minnesota Statutes, 1.31 chapter 62J; proposing coding for new law as Minnesota 1.32 Statutes, chapter 146A; repealing Minnesota Statutes 1.33 1998, sections 148.5193, subdivisions 3 and 5; and 1.34 148C.04, subdivision 5. 1.35 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.36 Section 1. Minnesota Statutes 1999 Supplement, section 1.37 13.99, is amended by adding a subdivision to read: 1.38 Subd. 42c. [UNLICENSED COMPLEMENTARY AND ALTERNATIVE 1.39 HEALTH CARE PRACTITIONERS AND CLIENTS.] Data obtained by the 1.40 commissioner of health on unlicensed complementary and 2.1 alternative health care practitioners and clients are classified 2.2 under sections 146A.06 and 146A.08. 2.3 Sec. 2. Minnesota Statutes 1998, section 62J.51, is 2.4 amended by adding a subdivision to read: 2.5 Subd. 19a. [UNIFORM EXPLANATION OF BENEFITS 2.6 DOCUMENT.] "Uniform explanation of benefits document" means the 2.7 document associated with and explaining the details of a group 2.8 purchaser's claim adjudication for services rendered, which is 2.9 sent to a patient. 2.10 Sec. 3. Minnesota Statutes 1998, section 62J.51, is 2.11 amended by adding a subdivision to read: 2.12 Subd. 19b. [UNIFORM REMITTANCE ADVICE REPORT.] "Uniform 2.13 remittance advice report" means the document associated with and 2.14 explaining the details of a group purchaser's claim adjudication 2.15 for services rendered, which is sent to a provider. 2.16 Sec. 4. Minnesota Statutes 1998, section 62J.52, 2.17 subdivision 1, is amended to read: 2.18 Subdivision 1. [UNIFORM BILLING FORM HCFA 1450.] (a) On 2.19 and after January 1, 1996, all institutional inpatient hospital 2.20 services, ancillary services,andinstitutionally owned or 2.21 operated outpatient services rendered by providers in Minnesota, 2.22 and institutional or noninstitutional home health services that 2.23 are not being billed using an equivalent electronic billing 2.24 format, must be billed using the uniform billing form HCFA 1450, 2.25 except as provided in subdivision 5. 2.26 (b) The instructions and definitions for the use of the 2.27 uniform billing form HCFA 1450 shall be in accordance with the 2.28 uniform billing form manual specified by the commissioner. In 2.29 promulgating these instructions, the commissioner may utilize 2.30 the manual developed by the National Uniform Billing Committee, 2.31 as adopted and finalized by the Minnesota uniform billing 2.32 committee. 2.33 (c) Services to be billed using the uniform billing form 2.34 HCFA 1450 include: institutional inpatient hospital services 2.35 and distinct units in the hospital such as psychiatric unit 2.36 services, physical therapy unit services, swing bed (SNF) 3.1 services, inpatient state psychiatric hospital services, 3.2 inpatient skilled nursing facility services, home health 3.3 services (Medicare part A), and hospice services; ancillary 3.4 services, where benefits are exhausted or patient has no 3.5 Medicare part A, from hospitals, state psychiatric hospitals, 3.6 skilled nursing facilities, and home health (Medicare part B); 3.7andinstitutional owned or operated outpatient services such as 3.8 waivered services, hospital outpatient services, including 3.9 ambulatory surgical center services, hospital referred 3.10 laboratory services, hospital-based ambulance services, and 3.11 other hospital outpatient services, skilled nursing facilities, 3.12 home health, including infusion therapy, freestanding renal 3.13 dialysis centers, comprehensive outpatient rehabilitation 3.14 facilities (CORF), outpatient rehabilitation facilities (ORF), 3.15 rural health clinics, and community mental health centers,; home 3.16 health services such as home health intravenous therapy 3.17 providers, waivered services, personal care attendants, and 3.18 hospice; and any other health care provider certified by the 3.19 Medicare program to use this form. 3.20 (d) On and after January 1, 1996, a mother and newborn 3.21 child must be billed separately, and must not be combined on one 3.22 claim form. 3.23 Sec. 5. Minnesota Statutes 1998, section 62J.52, 3.24 subdivision 2, is amended to read: 3.25 Subd. 2. [UNIFORM BILLING FORM HCFA 1500.] (a) On and 3.26 after January 1, 1996, all noninstitutional health care services 3.27 rendered by providers in Minnesota except dental or pharmacy 3.28 providers, that are not currently being billed using an 3.29 equivalent electronic billing format, must be billed using the 3.30 health insurance claim form HCFA 1500, except as provided in 3.31 subdivision 5. 3.32 (b) The instructions and definitions for the use of the 3.33 uniform billing form HCFA 1500 shall be in accordance with the 3.34 manual developed by the administrative uniformity committee 3.35 entitled standards for the use of the HCFA 1500 form, dated 3.36 February 1994, as further defined by the commissioner. 4.1 (c) Services to be billed using the uniform billing form 4.2 HCFA 1500 include physician services and supplies, durable 4.3 medical equipment, noninstitutional ambulance services, 4.4 independent ancillary services including occupational therapy, 4.5 physical therapy, speech therapy and audiology, podiatry 4.6 services, optometry services, mental health licensed 4.7 professional services, substance abuse licensed professional 4.8 services, nursing practitioner professional services, certified 4.9 registered nurse anesthetists, chiropractors, physician 4.10 assistants, laboratories, medical suppliers, and other health 4.11 care providers such ashome health intravenous therapy4.12providers, personal care attendants,day activity centers,4.13waivered services, hospice, and other home health services,and 4.14 freestanding ambulatory surgical centers. 4.15 Sec. 6. Minnesota Statutes 1998, section 62J.52, 4.16 subdivision 5, is amended to read: 4.17 Subd. 5. [STATE AND FEDERAL HEALTH CARE PROGRAMS.] (a) 4.18 Skilled nursing facilities and ICF/MR services billed to state 4.19 and federal health care programs administered by the department 4.20 of human services shall use the form designated by the 4.21 department of human services. 4.22 (b) On and after July 1, 1996, state and federal health 4.23 care programs administered by the department of human services 4.24 shall accept the HCFA 1450 for community mental health center 4.25 services and shall accept the HCFA 1500 for freestanding 4.26 ambulatory surgical center services. 4.27 (c) State and federal health care programs administered by 4.28 the department of human services shall be authorized to use the 4.29 forms designated by the department of human services for 4.30 pharmacy servicesand for child and teen checkup services. 4.31 (d) State and federal health care programs administered by 4.32 the department of human services shall accept the form 4.33 designated by the department of human services, and the HCFA 4.34 1500 for supplies, medical supplies, or durable medical 4.35 equipment. Health care providers may choose which form to 4.36 submit. 5.1 (e) Personal care attendant and waivered services billed on 5.2 a fee-for-service basis directly to state and federal health 5.3 care programs administered by the department of human services 5.4 shall use either the HCFA 1450 or the HCFA 1500 form, as 5.5 designated by the department of human services. 5.6 Sec. 7. [62J.581] [STANDARDS FOR MINNESOTA UNIFORM HEALTH 5.7 CARE REIMBURSEMENT DOCUMENTS.] 5.8 Subdivision 1. [MINNESOTA UNIFORM REMITTANCE ADVICE 5.9 REPORT.] All group purchasers and payers shall provide a uniform 5.10 remittance advice report to health care providers when a claim 5.11 is adjudicated. The uniform remittance advice report shall 5.12 comply with the standards prescribed in this section. 5.13 Subd. 2. [MINNESOTA UNIFORM EXPLANATION OF BENEFITS 5.14 DOCUMENT.] All group purchasers and payers shall provide a 5.15 uniform explanation of benefits document to health care patients 5.16 when a claim is adjudicated. The uniform explanation of 5.17 benefits document shall comply with the standards prescribed in 5.18 this section. 5.19 Subd. 3. [SCOPE.] For purposes of sections 62J.50 to 5.20 62J.61, the uniform remittance advice report and the uniform 5.21 explanation of benefits document format specified in subdivision 5.22 4 shall apply to all health care services delivered by a health 5.23 care provider or health care provider organization in Minnesota, 5.24 regardless of the location of the payer. Health care services 5.25 not paid on an individual claims basis, such as capitated 5.26 payments, are not included in this section. A health plan 5.27 company is excluded from the requirements in subdivisions 1 and 5.28 2 if they comply with section 62A.01, subdivisions 2 and 3. 5.29 Subd. 4. [SPECIFICATIONS.] The uniform remittance advice 5.30 report and the uniform explanation of benefits document shall be 5.31 provided by use of a paper document conforming to the 5.32 specifications in this section or by use of the ANSI X12N 835 5.33 standard electronic format as established under United States 5.34 Code, title 42, sections 1320d to 1320d-8, and as amended from 5.35 time to time for the remittance advice. The commissioner, after 5.36 consulting with the administrative uniformity committee, shall 6.1 specify the data elements and definitions for the uniform 6.2 remittance advice report and the uniform explanation of benefits 6.3 document. The commissioner and the administrative uniformity 6.4 committee must consult with the Minnesota Dental Association and 6.5 Delta Dental Plan of Minnesota before requiring under this 6.6 section the use of a paper document for the uniform explanation 6.7 of benefits document or the uniform remittance advice report for 6.8 dental care services. 6.9 Subd. 5. [EFFECTIVE DATE.] The requirements in 6.10 subdivisions 1 and 2 are effective 12 months after the date of 6.11 required compliance with the standards for the electronic 6.12 remittance advice transaction under United States Code, title 6.13 42, sections 1320d to 1320d-8, and as amended from time to 6.14 time. The requirements in subdivisions 1 and 2 apply regardless 6.15 of when the health care service was provided to the patient. 6.16 Sec. 8. Minnesota Statutes 1998, section 62J.60, 6.17 subdivision 1, is amended to read: 6.18 Subdivision 1. [MINNESOTA HEALTH CARE IDENTIFICATION 6.19 CARD.] All individuals with health care coverage shall be issued 6.20 health care identification cards by group purchasers as of 6.21 January 1, 1998, unless the requirements of section 62A.01, 6.22 subdivisions 2 and 3, are met. The health care identification 6.23 cards shall comply with the standards prescribed in this section. 6.24 Sec. 9. [146A.01] [DEFINITIONS.] 6.25 Subdivision 1. [TERMS.] As used in this chapter, the 6.26 following terms have the meanings given them. 6.27 Subd. 2. [COMMISSIONER.] "Commissioner" means the 6.28 commissioner of health or the commissioner's designee. 6.29 Subd. 3. [COMPLEMENTARY AND ALTERNATIVE HEALTH CARE 6.30 CLIENT.] "Complementary and alternative health care client" 6.31 means an individual who receives services from an unlicensed 6.32 complementary and alternative health care practitioner. 6.33 Subd. 4. [COMPLEMENTARY AND ALTERNATIVE HEALTH CARE 6.34 PRACTICES.] (a) "Complementary and alternative health care 6.35 practices" means the broad domain of complementary and 6.36 alternative healing methods and treatments, including but not 7.1 limited to: (1) acupressure; (2) anthroposophy; (3) aroma 7.2 therapy; (4) ayurveda; (5) cranial sacral therapy; (6) 7.3 culturally traditional healing practices; (7) detoxification 7.4 practices and therapies; (8) energetic healing; (9) polarity 7.5 therapy; (10) folk practices; (11) healing practices utilizing 7.6 food, food supplements, nutrients, and the physical forces of 7.7 heat, cold, water, touch, and light; (12) Gerson therapy and 7.8 colostrum therapy; (13) healing touch; (14) herbology or 7.9 herbalism; (15) homeopathy; (16) nondiagnostic iridology; (17) 7.10 body work, massage, and massage therapy; (18) meditation; (19) 7.11 mind-body healing practices; (20) naturopathy; (21) noninvasive 7.12 instrumentalities; and (22) traditional Oriental practices, such 7.13 as Qi Gong energy healing. 7.14 (b) Complementary and alternative health care practices do 7.15 not include surgery, x-ray radiation, administering or 7.16 dispensing legend drugs and controlled substances, practices 7.17 that invade the human body by puncture of the skin, setting 7.18 fractures, the use of medical devices as defined in section 7.19 147A.01, any practice included in the practice of dentistry as 7.20 defined in section 150A.05, subdivision 1, or the manipulation 7.21 or adjustment of articulations of joints or the spine as 7.22 described in section 146.23 or 148.01. 7.23 (c) Complementary and alternative health care practices do 7.24 not include practices that are permitted under section 147.09, 7.25 clause (11), or 148.271, clause (5). 7.26 (d) This chapter does not apply to, control, prevent, or 7.27 restrict the practice, service, or activity of lawfully 7.28 marketing or distributing food products, including dietary 7.29 supplements as defined in the federal Dietary Supplement Health 7.30 and Education Act, educating customers about such products, or 7.31 explaining the uses of such products. Under Minnesota law, an 7.32 unlicensed complementary and alternative health care 7.33 practitioner may not provide a medical diagnosis or recommend 7.34 discontinuance of medically prescribed treatments. 7.35 Subd. 5. [OFFICE OF UNLICENSED COMPLEMENTARY AND 7.36 ALTERNATIVE HEALTH CARE PRACTICE OR OFFICE.] "Office of 8.1 unlicensed complementary and alternative health care practice" 8.2 or "office" means the office of unlicensed complementary and 8.3 alternative health care practice established in section 146A.02. 8.4 Subd. 6. [UNLICENSED COMPLEMENTARY AND ALTERNATIVE HEALTH 8.5 CARE PRACTITIONER.] (a) "Unlicensed complementary and 8.6 alternative health care practitioner" means a person who: 8.7 (1) either: 8.8 (i) is not licensed or registered by a health-related 8.9 licensing board or the commissioner of health; or 8.10 (ii) is licensed or registered by the commissioner of 8.11 health or a health-related licensing board other than the board 8.12 of medical practice, the board of dentistry, the board of 8.13 chiropractic examiners, or the board of podiatric medicine, but 8.14 does not hold oneself out to the public as being licensed or 8.15 registered by the commissioner or a health-related licensing 8.16 board when engaging in complementary and alternative health 8.17 care; 8.18 (2) has not had a license or registration issued by a 8.19 health-related licensing board or the commissioner of health 8.20 revoked or has not been disciplined in any manner at any time in 8.21 the past, unless the right to engage in complementary and 8.22 alternative health care practices has been established by order 8.23 of the commissioner of health; 8.24 (3) is engaging in complementary and alternative health 8.25 care practices; and 8.26 (4) is providing complementary and alternative health care 8.27 services for remuneration or is holding oneself out to the 8.28 public as a practitioner of complementary and alternative health 8.29 care practices. 8.30 (b) A health care practitioner licensed or registered by 8.31 the commissioner or a health-related licensing board, who 8.32 engages in complementary and alternative health care while 8.33 practicing under the practitioner's license or registration, 8.34 shall be regulated by and be under the jurisdiction of the 8.35 applicable health-related licensing board with regard to the 8.36 complementary and alternative health care practices. 9.1 Sec. 10. [146A.02] [OFFICE OF UNLICENSED COMPLEMENTARY AND 9.2 ALTERNATIVE HEALTH CARE PRACTICE.] 9.3 Subdivision 1. [CREATION.] The office of unlicensed 9.4 complementary and alternative health care practice is created in 9.5 the department of health to investigate complaints and take and 9.6 enforce disciplinary actions against all unlicensed 9.7 complementary and alternative health care practitioners for 9.8 violations of prohibited conduct, as defined in section 9.9 146A.08. The office shall also serve as a clearinghouse on 9.10 complementary and alternative health care practices and 9.11 unlicensed complementary and alternative health care 9.12 practitioners through the dissemination of objective information 9.13 to consumers and through the development and performance of 9.14 public education activities, including outreach, regarding the 9.15 provision of complementary and alternative health care practices 9.16 and unlicensed complementary and alternative health care 9.17 practitioners who provide these services. 9.18 Subd. 2. [RULEMAKING.] The commissioner shall adopt rules 9.19 necessary to implement, administer, or enforce provisions of 9.20 this chapter pursuant to chapter 14. 9.21 Sec. 11. [146A.025] [MALTREATMENT OF MINORS.] 9.22 Nothing in this chapter shall restrict the ability of a 9.23 local welfare agency, local law enforcement agency, the 9.24 commissioner of human services, or the state to take action 9.25 regarding the maltreatment of minors under section 609.378 or 9.26 626.556. A parent who obtains complementary and alternative 9.27 health care for the parent's minor child is not relieved of the 9.28 duty to seek necessary medical care consistent with the 9.29 requirements of sections 609.378 and 626.556. A complementary 9.30 or alternative health care practitioner who is providing 9.31 services to a child who is not receiving necessary medical care 9.32 must make a report under section 626.556. A complementary or 9.33 alternative health care provider is a mandated reporter under 9.34 section 626.556, subdivision 3. 9.35 Sec. 12. [146A.03] [REPORTING OBLIGATIONS.] 9.36 Subdivision 1. [PERMISSION TO REPORT.] A person who has 10.1 knowledge of any conduct constituting grounds for disciplinary 10.2 action relating to complementary and alternative health care 10.3 practices under this chapter may report the violation to the 10.4 office. 10.5 Subd. 2. [INSTITUTIONS.] A state agency, political 10.6 subdivision, agency of a local unit of government, private 10.7 agency, hospital, clinic, prepaid medical plan, or other health 10.8 care institution or organization located in this state shall 10.9 report to the office any action taken by the agency, 10.10 institution, or organization or any of its administrators or 10.11 medical or other committees to revoke, suspend, restrict, or 10.12 condition an unlicensed complementary and alternative health 10.13 care practitioner's privilege to practice or treat complementary 10.14 and alternative health care clients in the institution or, as 10.15 part of the organization, any denial of privileges or any other 10.16 disciplinary action for conduct that might constitute grounds 10.17 for disciplinary action by the office under this chapter. The 10.18 institution, organization, or governmental entity shall also 10.19 report the resignation of any unlicensed complementary and 10.20 alternative health care practitioners prior to the conclusion of 10.21 any disciplinary action proceeding for conduct that might 10.22 constitute grounds for disciplinary action under this chapter or 10.23 prior to the commencement of formal charges but after the 10.24 practitioner had knowledge that formal charges were contemplated 10.25 or were being prepared. 10.26 Subd. 3. [PROFESSIONAL SOCIETIES.] A state or local 10.27 professional society for unlicensed complementary and 10.28 alternative health care practitioners shall report to the office 10.29 any termination, revocation, or suspension of membership or any 10.30 other disciplinary action taken against an unlicensed 10.31 complementary and alternative health care practitioner. If the 10.32 society has received a complaint that might be grounds for 10.33 discipline under this chapter against a member on which it has 10.34 not taken any disciplinary action, the society shall report the 10.35 complaint and the reason why it has not taken action on it or 10.36 shall direct the complainant to the office. 11.1 Subd. 4. [LICENSED PROFESSIONALS.] A licensed health 11.2 professional shall report to the office personal knowledge of 11.3 any conduct that the licensed health professional reasonably 11.4 believes constitutes grounds for disciplinary action under this 11.5 chapter by any unlicensed complementary and alternative health 11.6 care practitioner, including conduct indicating that the 11.7 individual may be incompetent or may be mentally or physically 11.8 unable to engage safely in the provision of services. If the 11.9 information was obtained in the course of a client relationship, 11.10 the client is an unlicensed complementary and alternative health 11.11 care practitioner, and the treating individual successfully 11.12 counsels the other practitioner to limit or withdraw from 11.13 practice to the extent required by the impairment, the office 11.14 may deem this limitation of or withdrawal from practice to be 11.15 sufficient disciplinary action. 11.16 Subd. 5. [INSURERS.] Four times each year as prescribed by 11.17 the commissioner, each insurer authorized to sell insurance 11.18 described in section 60A.06, subdivision 1, clause (13), and 11.19 providing professional liability insurance to unlicensed 11.20 complementary and alternative health care practitioners or the 11.21 medical joint underwriting association under chapter 62F shall 11.22 submit to the office a report concerning the unlicensed 11.23 complementary and alternative health care practitioners against 11.24 whom malpractice settlements or awards have been made. The 11.25 response must contain at least the following information: 11.26 (1) the total number of malpractice settlements or awards 11.27 made; 11.28 (2) the date the malpractice settlements or awards were 11.29 made; 11.30 (3) the allegations contained in the claim or complaint 11.31 leading to the settlements or awards made; 11.32 (4) the dollar amount of each malpractice settlement or 11.33 award; 11.34 (5) the regular address of the practice of the unlicensed 11.35 complementary and alternative health care practitioner against 11.36 whom an award was made or with whom a settlement was made; and 12.1 (6) the name of the unlicensed complementary and 12.2 alternative health care practitioner against whom an award was 12.3 made or with whom a settlement was made. 12.4 The insurance company shall, in addition to the above 12.5 information, submit to the office any information, records, and 12.6 files, including clients' charts and records, it possesses that 12.7 tend to substantiate a charge that an unlicensed complementary 12.8 and alternative health care practitioner may have engaged in 12.9 conduct violating this chapter. 12.10 Subd. 6. [COURTS.] The court administrator of district 12.11 court or any other court of competent jurisdiction shall report 12.12 to the office any judgment or other determination of the court 12.13 that adjudges or includes a finding that an unlicensed 12.14 complementary and alternative health care practitioner is 12.15 mentally ill, mentally incompetent, guilty of a felony, guilty 12.16 of a violation of federal or state narcotics laws or controlled 12.17 substances act, or guilty of abuse or fraud under Medicare or 12.18 Medicaid; or that appoints a guardian of the unlicensed 12.19 complementary and alternative health care practitioner under 12.20 sections 525.54 to 525.61 or commits an unlicensed complementary 12.21 and alternative health care practitioner under chapter 253B. 12.22 Subd. 7. [SELF-REPORTING.] An unlicensed complementary and 12.23 alternative health care practitioner shall report to the office 12.24 any personal action that would require that a report be filed 12.25 with the office by any person, health care facility, business, 12.26 or organization pursuant to subdivisions 2 to 5. The 12.27 practitioner shall also report the revocation, suspension, 12.28 restriction, limitation, or other disciplinary action against 12.29 the practitioner's license, certificate, registration, or right 12.30 of practice in another state or jurisdiction for offenses that 12.31 would be subject to disciplinary action in this state and also 12.32 report the filing of charges regarding the practitioner's 12.33 license, certificate, registration, or right of practice in 12.34 another state or jurisdiction. 12.35 Subd. 8. [DEADLINES; FORMS.] Reports required by 12.36 subdivisions 2 to 7 must be submitted not later than 30 days 13.1 after the reporter learns of the occurrence of the reportable 13.2 event or transaction. The office may provide forms for the 13.3 submission of reports required by this section, may require that 13.4 reports be submitted on the forms provided, and may adopt rules 13.5 necessary to ensure prompt and accurate reporting. 13.6 Sec. 13. [146A.04] [IMMUNITY.] 13.7 Subdivision 1. [REPORTING.] Any person, other than the 13.8 unlicensed complementary and alternative health care 13.9 practitioner who committed the violation, health care facility, 13.10 business, or organization is immune from civil liability or 13.11 criminal prosecution for submitting a report to the office, for 13.12 otherwise reporting to the office violations or alleged 13.13 violations of this chapter, or for cooperating with an 13.14 investigation of a report, except as provided in this 13.15 subdivision. Any person who knowingly or recklessly makes a 13.16 false report is liable in a civil suit for any damages suffered 13.17 by the person or persons so reported and for any punitive 13.18 damages set by the court or jury. An action requires clear and 13.19 convincing evidence that the defendant made the statement with 13.20 knowledge of falsity or with reckless disregard for its truth or 13.21 falsity. The report or statement or any statement made in 13.22 cooperation with an investigation or as part of a disciplinary 13.23 proceeding is privileged except in an action brought under this 13.24 subdivision. 13.25 Subd. 2. [INVESTIGATION.] The commissioner and employees 13.26 of the department of health and other persons engaged in the 13.27 investigation of violations and in the preparation, 13.28 presentation, and management of and testimony pertaining to 13.29 charges of violations of this chapter are immune from civil 13.30 liability and criminal prosecution for any actions, 13.31 transactions, or publications in the execution of, or relating 13.32 to, their duties under this chapter. 13.33 Sec. 14. [146A.05] [DISCIPLINARY RECORD ON JUDICIAL 13.34 REVIEW.] 13.35 Upon judicial review of any disciplinary action taken by 13.36 the commissioner under this chapter, the reviewing court shall 14.1 seal the portions of the administrative record that contain data 14.2 on a complementary and alternative health care client or a 14.3 complainant under section 146A.03, and shall not make those 14.4 portions of the administrative record available to the public. 14.5 Sec. 15. [146A.06] [PROFESSIONAL COOPERATION; UNLICENSED 14.6 PRACTITIONER.] 14.7 Subdivision 1. [COOPERATION.] An unlicensed complementary 14.8 and alternative health care practitioner who is the subject of 14.9 an investigation, or who is questioned in connection with an 14.10 investigation, by or on behalf of the office, shall cooperate 14.11 fully with the investigation. Cooperation includes responding 14.12 fully and promptly to any question raised by or on behalf of the 14.13 office relating to the subject of the investigation, whether 14.14 tape recorded or not; providing copies of client records, as 14.15 reasonably requested by the office, to assist the office in its 14.16 investigation; and appearing at conferences or hearings 14.17 scheduled by the commissioner. If the office does not have a 14.18 written consent from a client permitting access to the client's 14.19 records, the unlicensed complementary and alternative health 14.20 care practitioner shall delete in the record any data that 14.21 identifies the client before providing it to the office. If an 14.22 unlicensed complementary and alternative health care 14.23 practitioner refuses to give testimony or produce any documents, 14.24 books, records, or correspondence on the basis of the fifth 14.25 amendment to the Constitution of the United States, the 14.26 commissioner may compel the unlicensed complementary and 14.27 alternative health care practitioner to provide the testimony or 14.28 information; however, the testimony or evidence may not be used 14.29 against the practitioner in any criminal proceeding. Challenges 14.30 to requests of the office may be brought before the appropriate 14.31 agency or court. 14.32 Subd. 2. [DATA.] (a) Data relating to investigations of 14.33 complaints and disciplinary actions involving unlicensed 14.34 complementary and alternative health care practitioners are 14.35 governed by this subdivision and section 13.41 does not apply. 14.36 Except as provided in section 13.39, subdivision 2, and 15.1 paragraph (b), data relating to investigations of complaints and 15.2 disciplinary actions involving unlicensed complementary and 15.3 alternative health care practitioners are public data, 15.4 regardless of the outcome of any investigation, action, or 15.5 proceeding. 15.6 (b) The following data are private data on individuals, as 15.7 defined in section 13.02: 15.8 (1) data on a complementary and alternative health care 15.9 client; 15.10 (2) data on a complainant under section 146A.03; and 15.11 (3) data on the nature or content of unsubstantiated 15.12 complaints when the information is not maintained in 15.13 anticipation of legal action. 15.14 Subd. 3. [EXCHANGING INFORMATION.] (a) The office shall 15.15 establish internal operating procedures for: 15.16 (1) exchanging information with state boards; agencies, 15.17 including the office of ombudsman for mental health and mental 15.18 retardation; health-related and law enforcement facilities; 15.19 departments responsible for licensing health-related 15.20 occupations, facilities, and programs; and law enforcement 15.21 personnel in this and other states; and 15.22 (2) coordinating investigations involving matters within 15.23 the jurisdiction of more than one regulatory agency. 15.24 (b) The procedures for exchanging information must provide 15.25 for the forwarding to the entities described in paragraph (a), 15.26 clause (1), of information and evidence, including the results 15.27 of investigations, that are relevant to matters within the 15.28 regulatory jurisdiction of the organizations in paragraph (a). 15.29 The data have the same classification in the hands of the agency 15.30 receiving the data as they have in the hands of the agency 15.31 providing the data. 15.32 (c) The office shall establish procedures for exchanging 15.33 information with other states regarding disciplinary action 15.34 against unlicensed complementary and alternative health care 15.35 practitioners. 15.36 (d) The office shall forward to another governmental agency 16.1 any complaints received by the office that do not relate to the 16.2 office's jurisdiction but that relate to matters within the 16.3 jurisdiction of the other governmental agency. The agency to 16.4 which a complaint is forwarded shall advise the office of the 16.5 disposition of the complaint. A complaint or other information 16.6 received by another governmental agency relating to a statute or 16.7 rule that the office is empowered to enforce must be forwarded 16.8 to the office to be processed in accordance with this section. 16.9 (e) The office shall furnish to a person who made a 16.10 complaint a description of the actions of the office relating to 16.11 the complaint. 16.12 Sec. 16. [146A.07] [PROFESSIONAL ACCOUNTABILITY.] 16.13 The office shall maintain and keep current a file 16.14 containing the reports and complaints filed against unlicensed 16.15 complementary and alternative health care practitioners within 16.16 the commissioner's jurisdiction. Each complaint filed with the 16.17 office must be investigated. If the files maintained by the 16.18 office show that a malpractice settlement or award has been made 16.19 against an unlicensed complementary and alternative health care 16.20 practitioner, as reported by insurers under section 146A.03, 16.21 subdivision 5, the commissioner may authorize a review of the 16.22 practitioner's practice by the staff of the office. 16.23 Sec. 17. [146A.08] [PROHIBITED CONDUCT.] 16.24 Subdivision 1. [PROHIBITED CONDUCT.] The commissioner may 16.25 impose disciplinary action as described in section 146A.09 16.26 against any unlicensed complementary and alternative health care 16.27 practitioner. The following conduct is prohibited and is 16.28 grounds for disciplinary action: 16.29 (a) Conviction of a crime, including a finding or verdict 16.30 of guilt, an admission of guilt, or a no-contest plea, in any 16.31 court in Minnesota or any other jurisdiction in the United 16.32 States, reasonably related to engaging in complementary and 16.33 alternative health care practices. Conviction, as used in this 16.34 subdivision, includes a conviction of an offense which, if 16.35 committed in this state, would be deemed a felony, gross 16.36 misdemeanor, or misdemeanor, without regard to its designation 17.1 elsewhere, or a criminal proceeding where a finding or verdict 17.2 of guilty is made or returned but the adjudication of guilt is 17.3 either withheld or not entered. 17.4 (b) Conviction of any crime against a person. For purposes 17.5 of this chapter, a crime against a person means violations of 17.6 the following: sections 609.185; 609.19; 609.195; 609.20; 17.7 609.205; 609.21; 609.215; 609.221; 609.222; 609.223; 609.224; 17.8 609.2242; 609.23; 609.231; 609.2325; 609.233; 609.2335; 609.235; 17.9 609.24; 609.245; 609.25; 609.255; 609.26, subdivision 1, clause 17.10 (1) or (2); 609.265; 609.342; 609.343; 609.344; 609.345; 17.11 609.365; 609.498, subdivision 1; 609.50, subdivision 1, clause 17.12 (1); 609.561; 609.562; 609.595; and 609.72, subdivision 3. 17.13 (c) Failure to comply with the self-reporting requirements 17.14 of section 146A.03, subdivision 7. 17.15 (d) Engaging in sexual contact with a complementary and 17.16 alternative health care client or former client, engaging in 17.17 contact that may be reasonably interpreted by a client as 17.18 sexual, engaging in any verbal behavior that is seductive or 17.19 sexually demeaning to the patient, or engaging in sexual 17.20 exploitation of a client or former client. For purposes of this 17.21 clause, "former client" means a person who has obtained services 17.22 from the unlicensed complementary and alternative health care 17.23 practitioner within the past two years. 17.24 (e) Advertising that is false, fraudulent, deceptive, or 17.25 misleading. 17.26 (f) Conduct likely to deceive, defraud, or harm the public 17.27 or demonstrating a willful or careless disregard for the health, 17.28 welfare, or safety of a complementary and alternative health 17.29 care client; or any other practice that may create danger to any 17.30 client's life, health, or safety, in any of which cases, proof 17.31 of actual injury need not be established. 17.32 (g) Adjudication as mentally incompetent or as a person who 17.33 is dangerous to self or adjudication pursuant to chapter 253B as 17.34 chemically dependent, mentally ill, mentally retarded, mentally 17.35 ill and dangerous to the public, or as a sexual psychopathic 17.36 personality or sexually dangerous person. 18.1 (h) Inability to engage in complementary and alternative 18.2 health care practices with reasonable safety to complementary 18.3 and alternative health care clients. 18.4 (i) The habitual overindulgence in the use of or the 18.5 dependence on intoxicating liquors. 18.6 (j) Improper or unauthorized personal or other use of any 18.7 legend drugs as defined in chapter 151, any chemicals as defined 18.8 in chapter 151, or any controlled substance as defined in 18.9 chapter 152. 18.10 (k) Revealing a communication from, or relating to, a 18.11 complementary and alternative health care client except when 18.12 otherwise required or permitted by law. 18.13 (l) Failure to comply with a complementary and alternative 18.14 health care client's request made under section 144.335 or to 18.15 furnish a complementary and alternative health care client 18.16 record or report required by law. 18.17 (m) Splitting fees or promising to pay a portion of a fee 18.18 to any other professional other than for services rendered by 18.19 the other professional to the complementary and alternative 18.20 health care client. 18.21 (n) Engaging in abusive or fraudulent billing practices, 18.22 including violations of the federal Medicare and Medicaid laws 18.23 or state medical assistance laws. 18.24 (o) Failure to make reports as required by section 146A.03 18.25 or cooperate with an investigation of the office. 18.26 (p) Obtaining money, property, or services from a 18.27 complementary and alternative health care client, other than 18.28 reasonable fees for services provided to the client, through the 18.29 use of undue influence, harassment, duress, deception, or fraud. 18.30 (q) Undertaking or continuing a professional relationship 18.31 with a complementary and alternative health care client in which 18.32 the objectivity of the unlicensed complementary and alternative 18.33 health care practitioner would be impaired. 18.34 (r) Failure to provide a complementary and alternative 18.35 health care client with a copy of the client bill of rights or 18.36 violation of any provision of the client bill of rights. 19.1 (s) Violating any order issued by the commissioner. 19.2 (t) Failure to comply with any provision of sections 19.3 146A.01 to 146A.11 and the rules adopted under those sections. 19.4 (u) Failure to comply with any additional disciplinary 19.5 grounds established by the commissioner by rule. 19.6 (v) Revocation, suspension, restriction, limitation, or 19.7 other disciplinary action against any health care license, 19.8 certificate, registration, or right to practice of the 19.9 unlicensed complementary and alternative health care 19.10 practitioner in this or another state or jurisdiction for 19.11 offenses that would be subject to disciplinary action in this 19.12 state or failure to report to the office that charges regarding 19.13 the practitioner's license, certificate, registration, or right 19.14 of practice have been brought in this or another state or 19.15 jurisdiction. 19.16 (w) Use of the title "doctor," "Dr.," or "physician" alone 19.17 or in combination with any other words, letters, or insignia to 19.18 describe the complementary and alternative health care practices 19.19 the practitioner provides. 19.20 (x) Failure to provide a complementary and alternative 19.21 health care client with a recommendation that the client see a 19.22 health care provider who is licensed or registered by a 19.23 health-related licensing board or the commissioner of health, if 19.24 there is a reasonable likelihood that the client needs to be 19.25 seen by a licensed or registered health care provider. 19.26 Subd. 2. [LESS CUSTOMARY APPROACH.] The fact that a 19.27 complementary and alternative health care practice may be a less 19.28 customary approach to health care shall not constitute the basis 19.29 of a disciplinary action per se. 19.30 Subd. 3. [EVIDENCE.] In disciplinary actions alleging a 19.31 violation of subdivision 1, paragraph (a), (b), (c), or (g), a 19.32 copy of the judgment or proceeding under the seal of the court 19.33 administrator or of the administrative agency that entered the 19.34 same is admissible into evidence without further authentication 19.35 and constitutes prima facie evidence of its contents. 19.36 Subd. 4. [EXAMINATION; ACCESS TO MEDICAL DATA.] (a) If the 20.1 commissioner has probable cause to believe that an unlicensed 20.2 complementary and alternative health care practitioner has 20.3 engaged in conduct prohibited by subdivision 1, paragraph (g), 20.4 (h), (i), or (j), the commissioner may issue an order directing 20.5 the practitioner to submit to a mental or physical examination 20.6 or chemical dependency evaluation. For the purpose of this 20.7 subdivision, every unlicensed complementary and alternative 20.8 health care practitioner is deemed to have consented to submit 20.9 to a mental or physical examination or chemical dependency 20.10 evaluation when ordered to do so in writing by the commissioner 20.11 and further to have waived all objections to the admissibility 20.12 of the testimony or examination reports of the health care 20.13 provider performing the examination or evaluation on the grounds 20.14 that the same constitute a privileged communication. Failure of 20.15 an unlicensed complementary and alternative health care 20.16 practitioner to submit to an examination or evaluation when 20.17 ordered, unless the failure was due to circumstances beyond the 20.18 practitioner's control, constitutes an admission that the 20.19 unlicensed complementary and alternative health care 20.20 practitioner violated subdivision 1, paragraph (g), (h), (i), or 20.21 (j), based on the factual specifications in the examination or 20.22 evaluation order and may result in a default and final 20.23 disciplinary order being entered after a contested case 20.24 hearing. An unlicensed complementary and alternative health 20.25 care practitioner affected under this paragraph shall at 20.26 reasonable intervals be given an opportunity to demonstrate that 20.27 the practitioner can resume the provision of complementary and 20.28 alternative health care practices with reasonable safety to 20.29 clients. In any proceeding under this paragraph, neither the 20.30 record of proceedings nor the orders entered by the commissioner 20.31 shall be used against an unlicensed complementary and 20.32 alternative health care practitioner in any other proceeding. 20.33 (b) In addition to ordering a physical or mental 20.34 examination or chemical dependency evaluation, the commissioner 20.35 may, notwithstanding section 13.42; 144.651; 595.02; or any 20.36 other law limiting access to medical or other health data, 21.1 obtain medical data and health records relating to an unlicensed 21.2 complementary and alternative health care practitioner without 21.3 the practitioner's consent if the commissioner has probable 21.4 cause to believe that a practitioner has engaged in conduct 21.5 prohibited by subdivision 1, paragraph (g), (h), (i), or (j). 21.6 The medical data may be requested from a provider as defined in 21.7 section 144.335, subdivision 1, paragraph (b), an insurance 21.8 company, or a government agency, including the department of 21.9 human services. A provider, insurance company, or government 21.10 agency shall comply with any written request of the commissioner 21.11 under this subdivision and is not liable in any action for 21.12 damages for releasing the data requested by the commissioner if 21.13 the data are released pursuant to a written request under this 21.14 subdivision, unless the information is false and the person or 21.15 organization giving the information knew or had reason to 21.16 believe the information was false. Information obtained under 21.17 this subdivision is private data under section 13.41. 21.18 Sec. 18. [146A.09] [DISCIPLINARY ACTIONS.] 21.19 Subdivision 1. [FORMS OF DISCIPLINARY ACTION.] When the 21.20 commissioner finds that an unlicensed complementary and 21.21 alternative health care practitioner has violated any provision 21.22 of this chapter, the commissioner may take one or more of the 21.23 following actions, only against the individual practitioner: 21.24 (1) revoke the right to practice; 21.25 (2) suspend the right to practice; 21.26 (3) impose limitations or conditions on the practitioner's 21.27 provision of complementary and alternative health care 21.28 practices, impose rehabilitation requirements, or require 21.29 practice under supervision; 21.30 (4) impose a civil penalty not exceeding $10,000 for each 21.31 separate violation, the amount of the civil penalty to be fixed 21.32 so as to deprive the practitioner of any economic advantage 21.33 gained by reason of the violation charged or to reimburse the 21.34 office for all costs of the investigation and proceeding; 21.35 (5) censure or reprimand the practitioner; 21.36 (6) impose a fee on the practitioner to reimburse the 22.1 office for all or part of the cost of the proceedings resulting 22.2 in disciplinary action including, but not limited to, the amount 22.3 paid by the office for services from the office of 22.4 administrative hearings, attorney fees, court reports, 22.5 witnesses, reproduction of records, staff time, and expense 22.6 incurred by the staff of the office of unlicensed complementary 22.7 and alternative health care practice; or 22.8 (7) any other action justified by the case. 22.9 Subd. 2. [DISCOVERY; SUBPOENAS.] In all matters relating 22.10 to the lawful activities of the office, the commissioner may 22.11 issue subpoenas and compel the attendance of witnesses and the 22.12 production of all necessary papers, books, records, documents, 22.13 and other evidentiary material. Any person failing or refusing 22.14 to appear or testify regarding any matter about which the person 22.15 may be lawfully questioned or failing to produce any papers, 22.16 books, records, documents, or other evidentiary materials in the 22.17 matter to be heard, after having been required by order of the 22.18 commissioner or by a subpoena of the commissioner to do so may, 22.19 upon application to the district court in any district, be 22.20 ordered to comply with the order or subpoena. The commissioner 22.21 may administer oaths to witnesses or take their affirmation. 22.22 Depositions may be taken within or without the state in the 22.23 manner provided by law for the taking of depositions in civil 22.24 actions. A subpoena or other process may be served upon a 22.25 person it names anywhere within the state by any officer 22.26 authorized to serve subpoenas or other process in civil actions 22.27 in the same manner as prescribed by law for service of process 22.28 issued out of the district court of this state. 22.29 Subd. 3. [HEARINGS.] If the commissioner proposes to take 22.30 action against the practitioner as described in subdivision 1, 22.31 the commissioner must first notify the practitioner against whom 22.32 the action is proposed to be taken and provide the practitioner 22.33 with an opportunity to request a hearing under the contested 22.34 case provisions of chapter 14. If the practitioner does not 22.35 request a hearing by notifying the commissioner within 30 days 22.36 after service of the notice of the proposed action, the 23.1 commissioner may proceed with the action without a hearing. 23.2 Subd. 4. [REINSTATEMENT.] The commissioner may at the 23.3 commissioner's discretion reinstate the right to practice and 23.4 may impose any disciplinary measure listed under subdivision 1. 23.5 Subd. 5. [TEMPORARY SUSPENSION.] In addition to any other 23.6 remedy provided by law, the commissioner may, acting through a 23.7 person to whom the commissioner has delegated this authority and 23.8 without a hearing, temporarily suspend the right of an 23.9 unlicensed complementary and alternative health care 23.10 practitioner to practice if the commissioner's delegate finds 23.11 that the practitioner has violated a statute or rule that the 23.12 commissioner is empowered to enforce and continued practice by 23.13 the practitioner would create a serious risk of harm to others. 23.14 The suspension is in effect upon service of a written order on 23.15 the practitioner specifying the statute or rule violated. The 23.16 order remains in effect until the commissioner issues a final 23.17 order in the matter after a hearing or upon agreement between 23.18 the commissioner and the practitioner. Service of the order is 23.19 effective if the order is served on the practitioner or counsel 23.20 of record personally or by first class mail. Within ten days of 23.21 service of the order, the commissioner shall hold a hearing on 23.22 the sole issue of whether there is a reasonable basis to 23.23 continue, modify, or lift the suspension. Evidence presented by 23.24 the office or practitioner shall be in affidavit form only. The 23.25 practitioner or the counsel of record may appear for oral 23.26 argument. Within five working days after the hearing, the 23.27 commissioner shall issue the commissioner's order and, if the 23.28 suspension is continued, schedule a contested case hearing 23.29 within 45 days after issuance of the order. The administrative 23.30 law judge shall issue a report within 30 days after closing of 23.31 the contested case hearing record. The commissioner shall issue 23.32 a final order within 30 days after receipt of that report. 23.33 Subd. 6. [AUTOMATIC SUSPENSION.] The right of an 23.34 unlicensed complementary and alternative health care 23.35 practitioner to practice is automatically suspended if (1) a 23.36 guardian of an unlicensed complementary and alternative health 24.1 care practitioner is appointed by order of a court under 24.2 sections 525.54 to 525.61, or (2) the practitioner is committed 24.3 by order of a court pursuant to chapter 253B. The right to 24.4 practice remains suspended until the practitioner is restored to 24.5 capacity by a court and, upon petition by the practitioner, the 24.6 suspension is terminated by the commissioner after a hearing or 24.7 upon agreement between the commissioner and the practitioner. 24.8 Subd. 7. [LICENSED OR REGULATED PRACTITIONERS.] If a 24.9 practitioner investigated under this section is licensed or 24.10 registered by the commissioner of health or a health-related 24.11 licensing board, is subject to the jurisdiction of the 24.12 commissioner under section 146A.01, subdivision 6, paragraph 24.13 (a), clause (1), item (ii), and the commissioner determines that 24.14 the practitioner has violated any provision of this chapter, the 24.15 commissioner, in addition to taking disciplinary action under 24.16 this section: 24.17 (1) may, if the practitioner is licensed or regulated in 24.18 another capacity by the commissioner, take further disciplinary 24.19 action against the practitioner in that capacity; or 24.20 (2) shall, if the practitioner is licensed or registered in 24.21 another capacity by a health-related licensing board, report the 24.22 commissioner's findings under this section, and may make a 24.23 nonbinding recommendation that the board take further action 24.24 against the practitioner in that capacity. 24.25 Sec. 19. [146A.10] [ADDITIONAL REMEDIES.] 24.26 Subdivision 1. [CEASE AND DESIST.] (a) The commissioner 24.27 may issue a cease and desist order to stop a person from 24.28 violating or threatening to violate a statute, rule, or order 24.29 which the office has issued or is empowered to enforce. The 24.30 cease and desist order must state the reason for its issuance 24.31 and give notice of the person's right to request a hearing under 24.32 sections 14.57 to 14.62. If, within 15 days of service of the 24.33 order, the subject of the order fails to request a hearing in 24.34 writing, the order is the final order of the commissioner and is 24.35 not reviewable by a court or agency. 24.36 (b) A hearing must be initiated by the office not later 25.1 than 30 days from the date of the office's receipt of a written 25.2 hearing request. Within 30 days of receipt of the 25.3 administrative law judge's report, the commissioner shall issue 25.4 a final order modifying, vacating, or making permanent the cease 25.5 and desist order as the facts require. The final order remains 25.6 in effect until modified or vacated by the commissioner. 25.7 (c) When a request for a stay accompanies a timely hearing 25.8 request, the commissioner may, in the commissioner's discretion, 25.9 grant the stay. If the commissioner does not grant a requested 25.10 stay, the commissioner shall refer the request to the office of 25.11 administrative hearings within three working days of receipt of 25.12 the request. Within ten days after receiving the request from 25.13 the commissioner, an administrative law judge shall issue a 25.14 recommendation to grant or deny the stay. The commissioner 25.15 shall grant or deny the stay within five days of receiving the 25.16 administrative law judge's recommendation. 25.17 (d) In the event of noncompliance with a cease and desist 25.18 order, the commissioner may institute a proceeding in Hennepin 25.19 county district court to obtain injunctive relief or other 25.20 appropriate relief, including a civil penalty payable to the 25.21 office not exceeding $10,000 for each separate violation. 25.22 Subd. 2. [INJUNCTIVE RELIEF.] In addition to any other 25.23 remedy provided by law, including the issuance of a cease and 25.24 desist order under subdivision 1, the commissioner may in the 25.25 commissioner's own name bring an action in Hennepin county 25.26 district court for injunctive relief to restrain an unlicensed 25.27 complementary and alternative health care practitioner from a 25.28 violation or threatened violation of any statute, rule, or order 25.29 which the commissioner is empowered to regulate, enforce, or 25.30 issue. A temporary restraining order must be granted in the 25.31 proceeding if continued activity by a practitioner would create 25.32 a serious risk of harm to others. The commissioner need not 25.33 show irreparable harm. 25.34 Subd. 3. [ADDITIONAL POWERS.] The issuance of a cease and 25.35 desist order or injunctive relief granted under this section 25.36 does not relieve a practitioner from criminal prosecution by a 26.1 competent authority or from disciplinary action by the 26.2 commissioner. 26.3 Sec. 20. [146A.11] [COMPLEMENTARY AND ALTERNATIVE HEALTH 26.4 CARE CLIENT BILL OF RIGHTS.] 26.5 Subdivision 1. [SCOPE.] All unlicensed complementary and 26.6 alternative health care practitioners shall provide to each 26.7 complementary and alternative health care client prior to 26.8 providing treatment a written copy of the complementary and 26.9 alternative health care client bill of rights. A copy must also 26.10 be posted in a prominent location in the office of the 26.11 unlicensed complementary and alternative health care 26.12 practitioner. Reasonable accommodations shall be made for those 26.13 clients who cannot read or who have communication impairments 26.14 and those who do not read or speak English. The complementary 26.15 and alternative health care client bill of rights shall include 26.16 the following: 26.17 (1) the name, complementary and alternative health care 26.18 title, business address, and telephone number of the unlicensed 26.19 complementary and alternative health care practitioner; 26.20 (2) the degrees, training, experience, or other 26.21 qualifications of the practitioner regarding the complimentary 26.22 and alternative health care being provided, followed by the 26.23 following statement in bold print: 26.24 "THE STATE OF MINNESOTA HAS NOT ADOPTED ANY EDUCATIONAL AND 26.25 TRAINING STANDARDS FOR UNLICENSED COMPLEMENTARY AND ALTERNATIVE 26.26 HEALTH CARE PRACTITIONERS. THIS STATEMENT OF CREDENTIALS IS FOR 26.27 INFORMATION PURPOSES ONLY. 26.28 Under Minnesota law, an unlicensed complementary and 26.29 alternative health care practitioner may not provide a medical 26.30 diagnosis or recommend discontinuance of medically prescribed 26.31 treatments. If a client desires a diagnosis from a licensed 26.32 physician, chiropractor, or acupuncture practitioner, or 26.33 services from a physician, chiropractor, nurse, osteopath, 26.34 physical therapist, dietitian, nutritionist, acupuncture 26.35 practitioner, athletic trainer, or any other type of health care 26.36 provider, the client may seek such services at any time."; 27.1 (3) the name, business address, and telephone number of the 27.2 practitioner's supervisor, if any; 27.3 (4) notice that a complementary and alternative health care 27.4 client has the right to file a complaint with the practitioner's 27.5 supervisor, if any, and the procedure for filing complaints; 27.6 (5) the name, address, and telephone number of the office 27.7 of unlicensed complementary and alternative health care practice 27.8 and notice that a client may file complaints with the office; 27.9 (6) the practitioner's fees per unit of service, the 27.10 practitioner's method of billing for such fees, the names of any 27.11 insurance companies that have agreed to reimburse the 27.12 practitioner, or health maintenance organizations with whom the 27.13 practitioner contracts to provide service, whether the 27.14 practitioner accepts Medicare, medical assistance, or general 27.15 assistance medical care, and whether the practitioner is willing 27.16 to accept partial payment, or to waive payment, and in what 27.17 circumstances; 27.18 (7) a statement that the client has a right to reasonable 27.19 notice of changes in services or charges; 27.20 (8) a brief summary, in plain language, of the theoretical 27.21 approach used by the practitioner in providing services to 27.22 clients; 27.23 (9) notice that the client has a right to complete and 27.24 current information concerning the practitioner's assessment and 27.25 recommended service that is to be provided, including the 27.26 expected duration of the service to be provided; 27.27 (10) a statement that clients may expect courteous 27.28 treatment and to be free from verbal, physical, or sexual abuse 27.29 by the practitioner; 27.30 (11) a statement that client records and transactions with 27.31 the practitioner are confidential, unless release of these 27.32 records is authorized in writing by the client, or otherwise 27.33 provided by law; 27.34 (12) a statement of the client's right to be allowed access 27.35 to records and written information from records in accordance 27.36 with section 144.335; 28.1 (13) a statement that other services may be available in 28.2 the community, including where information concerning services 28.3 is available; 28.4 (14) a statement that the client has the right to choose 28.5 freely among available practitioners and to change practitioners 28.6 after services have begun, within the limits of health 28.7 insurance, medical assistance, or other health programs; 28.8 (15) a statement that the client has a right to coordinated 28.9 transfer when there will be a change in the provider of 28.10 services; 28.11 (16) a statement that the client may refuse services or 28.12 treatment, unless otherwise provided by law; and 28.13 (17) a statement that the client may assert the client's 28.14 rights without retaliation. 28.15 Subd. 2. [ACKNOWLEDGMENT BY CLIENT.] Prior to the 28.16 provision of any service, a complementary and alternative health 28.17 care client must sign a written statement attesting that the 28.18 client has received the complementary and alternative health 28.19 care client bill of rights. 28.20 Sec. 21. Minnesota Statutes 1999 Supplement, section 28.21 147.09, is amended to read: 28.22 147.09 [EXEMPTIONS.] 28.23 Section 147.081 does not apply to, control, prevent or 28.24 restrict the practice, service, or activities of: 28.25 (1) A person who is a commissioned medical officer of, a 28.26 member of, or employed by, the armed forces of the United 28.27 States, the United States Public Health Service, the Veterans 28.28 Administration, any federal institution or any federal agency 28.29 while engaged in the performance of official duties within this 28.30 state, if the person is licensed elsewhere. 28.31 (2) A licensed physician from a state or country who is in 28.32 actual consultation here. 28.33 (3) A licensed or registered physician who treats the 28.34 physician's home state patients or other participating patients 28.35 while the physicians and those patients are participating 28.36 together in outdoor recreation in this state as defined by 29.1 section 86A.03, subdivision 3. A physician shall first register 29.2 with the board on a form developed by the board for that 29.3 purpose. The board shall not be required to promulgate the 29.4 contents of that form by rule. No fee shall be charged for this 29.5 registration. 29.6 (4) A student practicing under the direct supervision of a 29.7 preceptor while the student is enrolled in and regularly 29.8 attending a recognized medical school. 29.9 (5) A student who is in continuing training and performing 29.10 the duties of an intern or resident or engaged in postgraduate 29.11 work considered by the board to be the equivalent of an 29.12 internship or residency in any hospital or institution approved 29.13 for training by the board, provided the student has a residency 29.14 permit issued by the board under section 147.0391. 29.15 (6) A person employed in a scientific, sanitary, or 29.16 teaching capacity by the state university, the department of 29.17 children, families, and learning, or by any public or private 29.18 school, college, or other bona fide educational institution, a 29.19 nonprofit organization, which has tax-exempt status in 29.20 accordance with the Internal Revenue Code, section 501(c)(3), 29.21 and is organized and operated primarily for the purpose of 29.22 conducting scientific research directed towards discovering the 29.23 causes of and cures for human diseases, or the state department 29.24 of health, whose duties are entirely of a research, public 29.25 health, or educational character, while engaged in such duties; 29.26 provided that if the research includes the study of humans, such 29.27 research shall be conducted under the supervision of one or more 29.28 physicians licensed under this chapter. 29.29 (7) Physician's assistants registered in this state. 29.30 (8) A doctor of osteopathy duly licensed by the state board 29.31 of osteopathy under Minnesota Statutes 1961, sections 148.11 to 29.32 148.16, prior to May 1, 1963, who has not been granted a license 29.33 to practice medicine in accordance with this chapter provided 29.34 that the doctor confines activities within the scope of the 29.35 license. 29.36 (9) Any person licensed by a health related licensing 30.1 board, as defined in section 214.01, subdivision 2, or 30.2 registered by the commissioner of health pursuant to section 30.3 214.13, including psychological practitioners with respect to 30.4 the use of hypnosis; provided that the person confines 30.5 activities within the scope of the license. 30.6 (10) A person who practices ritual circumcision pursuant to 30.7 the requirements or tenets of any established religion. 30.8 (11) A Christian Scientist or other person who endeavors to 30.9 prevent or cure disease or suffering exclusively by mental or 30.10 spiritual means or by prayer. 30.11 (12) A physician licensed to practice medicine in another 30.12 state who is in this state for the sole purpose of providing 30.13 medical services at a competitive athletic event. The physician 30.14 may practice medicine only on participants in the athletic 30.15 event. A physician shall first register with the board on a 30.16 form developed by the board for that purpose. The board shall 30.17 not be required to adopt the contents of the form by rule. The 30.18 physician shall provide evidence satisfactory to the board of a 30.19 current unrestricted license in another state. The board shall 30.20 charge a fee of $50 for the registration. 30.21 (13) A psychologist licensed under section 148.907 or a 30.22 social worker licensed under section 148B.21 who uses or 30.23 supervises the use of a penile or vaginal plethysmograph in 30.24 assessing and treating individuals suspected of engaging in 30.25 aberrant sexual behavior and sex offenders. 30.26 (14) Any person issued a training course certificate or 30.27 credentialed by the emergency medical services regulatory board 30.28 established in chapter 144E, provided the person confines 30.29 activities within the scope of training at the certified or 30.30 credentialed level. 30.31 (15) An unlicensed complementary and alternative health 30.32 care practitioner practicing according to chapter 146A. 30.33 Sec. 22. Minnesota Statutes 1998, section 148.512, 30.34 subdivision 5, is amended to read: 30.35 Subd. 5. [APPROVED CONTINUING EDUCATION SPONSOR.] 30.36 "ApprovedContinuing education sponsor" means an organization 31.1 that offers a learning experience designed to promote continuing 31.2 competency in the procedures and techniques of the practice of 31.3 speech-language pathology or audiology andthat meetswhose 31.4 activities meet the criteria in section 148.5193,subdivision 3,31.5or is a preapproved sponsor listed in section 148.5193,31.6 subdivision 2. 31.7 Sec. 23. Minnesota Statutes 1998, section 148.515, 31.8 subdivision 3, is amended to read: 31.9 Subd. 3. [SUPERVISED CLINICAL TRAINING REQUIRED.] (a) An 31.10 applicant must complete at least 375 hours of supervised 31.11 clinical training as a student that meets the requirements of 31.12 paragraphs (b) to (f). 31.13 (b) The supervised clinical training must be provided by 31.14 the educational institution or by one of its cooperating 31.15 programs. 31.16 (c) The first 25 hours of the supervised clinical training 31.17 must be spent in clinical observation. Those 25 hours must 31.18 concern the evaluation and treatment of children and adults with 31.19 disorders of speech, language, or hearing. 31.20 (d) All applicants must complete at least 350 hours of 31.21 supervised clinical training that concern the evaluation and 31.22 treatment of children and adults with disorders of speech, 31.23 language, and hearing. At least 250 of the 350 hours must be at 31.24 the graduate level in the area in which registration is sought. 31.25 At least 50 hours must be spent in each of three types of 31.26 clinical settings including, but not limited to, university 31.27 clinics, hospitals, private clinics, and schools, including 31.28 secondary and elementary. 31.29 (e) An applicant seeking registration as a speech-language 31.30 pathologist must: 31.31 (1) obtain 250 of the 350 supervised hours in 31.32 speech-language pathology; 31.33 (2) complete a minimum of 20 hours of the 250 hours in each 31.34 of the following eight categories: 31.35 (i) evaluation: speech disorders in children; 31.36 (ii) evaluation: speech disorders in adults; 32.1 (iii) evaluation: language disorders in children; 32.2 (iv) evaluation: language disorders in adults; 32.3 (v) treatment: speech disorders in children; 32.4 (vi) treatment: speech disorders in adults; 32.5 (vii) treatment: language disorders in children; and 32.6 (viii) treatment: language disorders in adults; 32.7 (3) complete a minimum of35 hours in audiology including:32.8(i) 15 hours in the evaluation or screening of individuals32.9with hearing disorders; and32.10(ii) 15 hours in habilitation or rehabilitation of32.11individuals with hearing impairment20 of the 350 hours in 32.12 audiology; and 32.13 (4) obtain no more than 20 hours in the major professional 32.14 area that are in related disorders. 32.15 (f) An applicant seeking registration as an audiologist 32.16 must: 32.17 (1) obtain 250 of the 350 hours in audiology; 32.18 (2) complete a minimum of 40hours in each of the following32.19four categoriesof the 250 hours in each of the first two of the 32.20 following categories, complete at least 80 hours in categories 32.21 (iii) and (iv), with at least ten hours in each of categories 32.22 (i) to (iv), and complete at least 20 hours in category (v): 32.23 (i) evaluation: hearing in children; 32.24 (ii) evaluation: hearing in adults; 32.25 (iii) selection and use: amplification and assistive 32.26 devices for children;and32.27 (iv) selection and use: amplification and assistive 32.28 devices for adults; and 32.29 (v) treatment: hearing disorders in children and adults; 32.30 (3)complete a minimum of 20 hours in the category of the32.31treatment of hearing disorders in children and adults;32.32(4)complete a minimum of35 hours20 of the 350 hours in 32.33 speech-language pathologyunrelated to hearing impairment as32.34follows:32.35(i) 15 hours in evaluation or screening; and32.36(ii) 15 hours in treatment; and 33.1(5)(4) obtain no more than 20 hours in the major 33.2 professional area that are in related disorders. 33.3 Sec. 24. Minnesota Statutes 1998, section 148.517, is 33.4 amended by adding a subdivision to read: 33.5 Subd. 4. [TEMPORARY REGISTRATION.] (a) The commissioner 33.6 shall issue temporary registration as a speech-language 33.7 pathologist, an audiologist, or both, to an applicant who has 33.8 applied for registration under this section and who: 33.9 (1) submits a signed and dated affidavit stating that the 33.10 applicant is not the subject of a disciplinary action or past 33.11 disciplinary action in this or another jurisdiction and is not 33.12 disqualified on the basis of section 148.5195, subdivision 3; 33.13 and 33.14 (2) either: 33.15 (i) provides a copy of a current credential as a 33.16 speech-language pathologist, an audiologist, or both, held in 33.17 the District of Columbia or a state or territory of the United 33.18 States; or 33.19 (ii) provides a copy of a current certificate of clinical 33.20 competence issued by the American Speech-Language-Hearing 33.21 Association or its equivalent. 33.22 (b) A temporary registration issued to a person under this 33.23 subdivision expires 90 days after it is issued or on the date 33.24 the commissioner grants or denies registration, whichever occurs 33.25 first. 33.26 (c) Upon application, a temporary registration shall be 33.27 renewed once to a person who is able to demonstrate good cause 33.28 for failure to meet the requirements for registration within the 33.29 initial temporary registration period and who is not the subject 33.30 of a disciplinary action or disqualified on the basis of section 33.31 148.5195, subdivision 3. 33.32 Sec. 25. Minnesota Statutes 1998, section 148.518, 33.33 subdivision 2, is amended to read: 33.34 Subd. 2. [LAPSE OF MORE THAN THREE YEARS.] For an 33.35 applicant whose registered status has lapsed for more than three 33.36 years, the applicant must: 34.1 (1) apply for registration renewal according to section 34.2 148.5191 and obtain a qualifying score on the examination 34.3 described in section 148.515, subdivision 5, within one year of 34.4 the application date for registration renewal;or34.5 (2) apply for renewal according to section 148.5191, 34.6 provide evidence to the commissioner that the applicant holds a 34.7 current and unrestricted credential for the practice of 34.8 speech-language pathology from the Minnesota board of teaching 34.9 or for the practice of speech-language pathology or audiology in 34.10 another jurisdiction that has requirements equivalent to or 34.11 higher than those in effect for Minnesota and provide evidence 34.12 of compliance with Minnesota board of teaching or that 34.13 jurisdiction's continuing education requirements.; 34.14 (3) apply for renewal according to section 148.5191 and 34.15 submit documentation of having completed a combination of 34.16 speech-language pathology or audiology courses or a 34.17 speech-language pathology or audiology refresher program that 34.18 contains both a theoretical and clinical component preapproved 34.19 or approved by the commissioner. Only courses completed within 34.20 one year preceding the date of the application or one year after 34.21 the date of the application will qualify for approval; or 34.22 (4) apply for renewal according to section 148.5191 and 34.23 submit proof of successful completion and verified documentation 34.24 of 160 hours of supervised practice approved by the 34.25 commissioner. To participate in a supervised practice, the 34.26 applicant shall first apply and obtain temporary registration 34.27 according to section 148.5161. 34.28 Sec. 26. Minnesota Statutes 1998, section 148.5193, 34.29 subdivision 1, is amended to read: 34.30 Subdivision 1. [NUMBER OF CONTACT HOURS REQUIRED.] (a) An 34.31 applicant for registration renewal must meet the requirements 34.32 for continuing education according to paragraphs (b) to (e). 34.33 (b) An applicant for registration renewal as either a 34.34 speech-language pathologist or an audiologist must provide 34.35 evidence to the commissioner of a minimum of 30 contact hours of 34.36 continuing education offered byan approveda continuing 35.1 education sponsor within the two years immediately preceding 35.2 registration renewal. A minimum of 20 contact hours of 35.3 continuing education must be directly related to the 35.4 registrant's area of registration. Ten contact hours of 35.5 continuing education may be in areas generally related to the 35.6 registrant's area of registration. 35.7 (c) An applicant for registration renewal as both a 35.8 speech-language pathologist and an audiologist must attest to 35.9 and document completion of a minimum of 36 contact hours of 35.10 continuing education offered byan approveda continuing 35.11 education sponsor within the two years immediately preceding 35.12 registration renewal. A minimum of 15 contact hours must be 35.13 received in the area of speech-language pathology and a minimum 35.14 of 15 contact hours must be received in the area of audiology. 35.15 Six contact hours of continuing education may be in areas 35.16 generally related to the registrant's areas of registration. 35.17 (d) If the registrant is licensed by the board of teaching: 35.18 (1) activities that are approved in the categories of 35.19 Minnesota Rules, part 8700.1000, subpart 3, items A and B, and 35.20 that relate to speech-language pathology, shall be considered: 35.21 (i) offered byan approveda sponsor of continuing 35.22 education; and 35.23 (ii) directly related to speech-language pathology; 35.24 (2) activities that are approved in the categories of 35.25 Minnesota Rules, part 8700.1000, subpart 3, shall be considered: 35.26 (i) offered byan approveda sponsor of continuing 35.27 education; and 35.28 (ii) generally related to speech-language pathology; and 35.29 (3) one clock hour as defined in Minnesota Rules, part 35.30 8700.1000, subpart 1, is equivalent to 1.2 contact hours of 35.31 continuing education. 35.32 (e) Contact hours cannot be accumulated in advance and 35.33 transferred to a future continuing education period. 35.34 Sec. 27. Minnesota Statutes 1998, section 148.5193, 35.35 subdivision 2, is amended to read: 35.36 Subd. 2. [PREAPPROVEDCONTINUING EDUCATION PROVIDED BY 36.1 SPONSORS.] The commissioner will accept continuing 36.2 educationapproved or sponsored by the Minnesota department of36.3health, the Minnesota Speech-Language-Hearing Association, the36.4American Speech-Language-Hearing Association, the American36.5Academy of Audiology, the Minnesota Academy of Audiology, the36.6Academy of Rehabilitative Audiologists, the Acoustical Society36.7of America, Twin Cities Clinical Speech-Language Pathologists,36.8Minnesota Foundation for Acoustical Education and Research, or36.9universities accredited by the American Speech-Language-Hearing36.10Association.provided by sponsors if the continuing education 36.11 activity meets the following standards: 36.12 (1) constitutes an organized program of learning; 36.13 (2) reasonably expects to advance the knowledge and skills 36.14 of the speech-language pathologist or audiologist; 36.15 (3) pertains to subjects that relate to the practice of 36.16 speech-language pathology or audiology; 36.17 (4) is conducted by individuals who have education, 36.18 training, and experience by reason of which said individuals 36.19 should be considered experts concerning the subject matter of 36.20 the activity; and 36.21 (5) is presented by a sponsor who has a mechanism to verify 36.22 participation and maintains attendance records for four years. 36.23 Sec. 28. Minnesota Statutes 1998, section 148.5193, 36.24 subdivision 4, is amended to read: 36.25 Subd. 4. [EARNING CONTINUING EDUCATION CONTACT HOURS 36.26 THROUGH CONTACT HOUR EQUIVALENTS.] (a) A registrant who teaches 36.27 continuing education courses may obtain contact hour equivalents 36.28 according to paragraphs (b) to (d). 36.29 (b) The sponsor of the course mustbe approved by the36.30commissionermeet the requirements of subdivision 2. 36.31 (c) A registrant may not obtain more than six contact hours 36.32 in any two-year continuing education period by teaching 36.33 continuing education courses. 36.34 (d) A registrant may obtain two contact hours for each hour 36.35 spent teaching a courseif the course is sponsored by an36.36approved continuing education sponsor. Contact hours may be 37.1 claimed only once for teaching the same course in any two-year 37.2 continuing education period. 37.3 Sec. 29. Minnesota Statutes 1998, section 148.5193, 37.4 subdivision 6, is amended to read: 37.5 Subd. 6. [EVIDENCERECORDS OF ATTENDANCE.] (a) A 37.6 registrant must maintain for four years records of attending the 37.7 continuing education contact hours required for registration 37.8 renewal. 37.9 (b) An applicant for registration renewal must submit the 37.10 following information on a form provided by the commissioner: 37.11 the sponsoring organization, the dates of the course, the course 37.12 name, the number of contact hours completed, and the name and 37.13 signature of the registrant. The form must be submitted with 37.14 the renewal application under section 148.5191, subdivision 1. 37.15 Sec. 30. Minnesota Statutes 1998, section 148.5193, is 37.16 amended by adding a subdivision to read: 37.17 Subd. 6a. [VERIFICATION OF ATTENDANCE.] An applicant for 37.18 registration renewal must submit verification of attendance as 37.19 follows: 37.20 (1) a certificate of attendance from the sponsor with the 37.21 continuing education course name, course date, and registrant's 37.22 name; 37.23 (2) a copy of a record of attendance from the sponsor of 37.24 the continuing education course; 37.25 (3) a signature of the presenter or a designee at the 37.26 continuing education activity on the continuing education report 37.27 form; 37.28 (4) a summary or outline of the educational content of an 37.29 audio or video educational activity if a designee is not 37.30 available to sign the continuing education report form; 37.31 (5) for self-study programs, a certificate of completion or 37.32 other documentation indicating that the individual has 37.33 demonstrated knowledge and has successfully completed the 37.34 program; and 37.35 (6) for attendance at a university, college, or vocational 37.36 course, an official transcript. 38.1 Sec. 31. Minnesota Statutes 1998, section 148.5196, 38.2 subdivision 3, is amended to read: 38.3 Subd. 3. [DUTIES.] The advisory council shall: 38.4 (1) advise the commissioner regarding speech-language 38.5 pathologist and audiologist registration standards; 38.6 (2) advise the commissioner on enforcement of sections 38.7 148.511 to 148.5196; 38.8 (3) provide for distribution of information regarding 38.9 speech-language pathologist and audiologist registration 38.10 standards; 38.11 (4) review applications and make recommendations to the 38.12 commissioner on granting or denying registration or registration 38.13 renewal; 38.14 (5) review reports of investigations relating to 38.15 individuals and make recommendations to the commissioner as to 38.16 whether registration should be denied or disciplinary action 38.17 taken against the individual; 38.18 (6) advise the commissioner regarding approval of 38.19 continuing education activities provided by sponsors using the 38.20 criteria in section 148.5193, subdivision32; and 38.21 (7) perform other duties authorized for advisory councils 38.22 under chapter 214, or as directed by the commissioner. 38.23 Sec. 32. Minnesota Statutes 1998, section 148B.60, 38.24 subdivision 3, is amended to read: 38.25 Subd. 3. [UNLICENSED MENTAL HEALTH PRACTITIONER OR 38.26 PRACTITIONER.] "Unlicensed mental health practitioner" or 38.27 "practitioner" means a person who provides or purports to 38.28 provide, for remuneration, mental health services as defined in 38.29 subdivision 4. It does not include persons licensed by the 38.30 board of medical practice under chapter 147 or registered by the 38.31 board of medical practice under chapter 147A; the board of 38.32 nursing under sections 148.171 to 148.285; the board of 38.33 psychology under sections 148.88 to 148.98; the board of social 38.34 work under sections 148B.18 to 148B.289; the board of marriage 38.35 and family therapy under sections 148B.29 to 148B.39; or another 38.36 licensing board if the person is practicing within the scope of 39.1 the license;ormembers of the clergy who are providing pastoral 39.2 services in the context of performing and fulfilling the 39.3 salaried duties and obligations required of a member of the 39.4 clergy by a religious congregation; American Indian medicine men 39.5 and women; licensed attorneys; probation officers; school 39.6 counselors employed by a school district while acting within the 39.7 scope of employment as school counselors; registered 39.8 occupational therapists; or occupational therapy assistants. 39.9 For the purposes of complaint investigation or disciplinary 39.10 action relating to an individual practitioner, the term includes: 39.11 (1) persons employed by a program licensed by the 39.12 commissioner of human services who are acting as mental health 39.13 practitioners within the scope of their employment; 39.14 (2) persons employed by a program licensed by the 39.15 commissioner of human services who are providing chemical 39.16 dependency counseling services; persons who are providing 39.17 chemical dependency counseling services in private practice; and 39.18 (3) clergy who are providing mental health services that 39.19 are equivalent to those defined in subdivision 4. 39.20 Sec. 33. Minnesota Statutes 1998, section 148B.68, 39.21 subdivision 1, is amended to read: 39.22 Subdivision 1. [PROHIBITED CONDUCT.] The commissioner may 39.23 impose disciplinary action as described in section 148B.69 39.24 against any unlicensed mental health practitioner. The 39.25 following conduct is prohibited and is grounds for disciplinary 39.26 action: 39.27 (a) Conviction of a crime, including a finding or verdict 39.28 of guilt, an admission of guilt, or a no contest plea, in any 39.29 court in Minnesota or any other jurisdiction in the United 39.30 States, reasonably related to the provision of mental health 39.31 services. Conviction, as used in this subdivision, includes a 39.32 conviction of an offense which, if committed in this state, 39.33 would be deemed a felony or gross misdemeanor without regard to 39.34 its designation elsewhere, or a criminal proceeding where a 39.35 finding or verdict of guilty is made or returned but the 39.36 adjudication of guilt is either withheld or not entered. 40.1 (b) Conviction of crimes against persons. For purposes of 40.2 this chapter, a crime against a person means violations of the 40.3 following: sections 609.185; 609.19; 609.195; 609.20; 609.205; 40.4 609.21; 609.215; 609.221; 609.222; 609.223; 609.224; 609.2242; 40.5 609.23; 609.231; 609.2325; 609.233; 609.2335; 609.235; 609.24; 40.6 609.245; 609.25; 609.255; 609.26, subdivision 1, clause (1) or 40.7 (2); 609.265; 609.342; 609.343; 609.344; 609.345; 609.365; 40.8 609.498, subdivision 1; 609.50, clause (1); 609.561; 609.562; 40.9 609.595; and 609.72, subdivision 3. 40.10 (c) Failure to comply with the self-reporting requirements 40.11 of section 148B.63, subdivision 7. 40.12 (d) Engaging in sexual contact with a client or former 40.13 client as defined in section 148A.01, or engaging in contact 40.14 that may be reasonably interpreted by a client as sexual, or 40.15 engaging in any verbal behavior that is seductive or sexually 40.16 demeaning to the patient, or engaging in sexual exploitation of 40.17 a client or former client. 40.18 (e) Advertising that is false, fraudulent, deceptive, or 40.19 misleading. 40.20 (f) Conduct likely to deceive, defraud, or harm the public; 40.21 or demonstrating a willful or careless disregard for the health, 40.22 welfare, or safety of a client; or any other practice that may 40.23 create unnecessary danger to any client's life, health, or 40.24 safety, in any of which cases, proof of actual injury need not 40.25 be established. 40.26 (g) Adjudication as mentally incompetent, or as a person 40.27 who is dangerous to self, or adjudication pursuant to chapter 40.28 253B, as chemically dependent, mentally ill, mentally retarded, 40.29 mentally ill and dangerous to the public, or as a sexual 40.30 psychopathic personality or sexually dangerous person. 40.31 (h) Inability to provide mental health services with 40.32 reasonable safety to clients. 40.33 (i) The habitual overindulgence in the use of or the 40.34 dependence on intoxicating liquors. 40.35 (j) Improper or unauthorized personal or other use of any 40.36 legend drugs as defined in chapter 151, any chemicals as defined 41.1 in chapter 151, or any controlled substance as defined in 41.2 chapter 152. 41.3 (k) Revealing a communication from, or relating to, a 41.4 client except when otherwise required or permitted by law. 41.5 (l) Failure to comply with a client's request made under 41.6 section 144.335, or to furnish a client record or report 41.7 required by law. 41.8 (m) Splitting fees or promising to pay a portion of a fee 41.9 to any other professional other than for services rendered by 41.10 the other professional to the client. 41.11 (n) Engaging in abusive or fraudulent billing practices, 41.12 including violations of the federal Medicare and Medicaid laws 41.13 or state medical assistance laws. 41.14 (o) Failure to make reports as required by section 148B.63, 41.15 or cooperate with an investigation of the office. 41.16 (p) Obtaining money, property, or services from a client, 41.17 other than reasonable fees for services provided to the client, 41.18 through the use of undue influence, harassment, duress, 41.19 deception, or fraud. 41.20 (q) Undertaking or continuing a professional relationship 41.21 with a client in which the objectivity of the professional would 41.22 be impaired. 41.23 (r) Failure to provide the client with a copy of the client 41.24 bill of rights or violation of any provision of the client bill 41.25 of rights. 41.26 (s) Violating any order issued by the commissioner. 41.27 (t) Failure to comply with sections 148B.60 to 148B.71, and 41.28 the rules adopted under those sections. 41.29 (u) Failure to comply with any additional disciplinary 41.30 grounds established by the commissioner by rule. 41.31 (v) Revocation, suspension, restriction, limitation, or 41.32 other disciplinary action against the mental health 41.33 practitioner's license, certificate, registration, or right of 41.34 practice in this or another state or jurisdiction, for offenses 41.35 that would be subject to disciplinary action in this state, or 41.36 failure to report to the office of mental health practice that 42.1 charges regarding the practitioner's license, certificate, 42.2 registration, or right of practice have been brought in this or 42.3 another state or jurisdiction. 42.4 (w) Bartering for services with a client. 42.5 Sec. 34. Minnesota Statutes 1998, section 148B.69, is 42.6 amended by adding a subdivision to read: 42.7 Subd. 7. [RELEASE TO OBTAIN NONPUBLIC DATA.] An unlicensed 42.8 mental health practitioner who is the subject of an 42.9 investigation must sign a release authorizing the commissioner 42.10 to obtain criminal conviction data, reports about abuse or 42.11 neglect of clients, and other information pertaining to 42.12 investigations of violations of statutes or rules from the 42.13 bureau of criminal apprehension, the Federal Bureau of 42.14 Investigation, the department of human services, the office of 42.15 health facilities complaints, private certification 42.16 organizations, county social service agencies, the division of 42.17 driver and vehicle services in the department of public safety, 42.18 adult protection services, child protection services, and other 42.19 agencies that regulate provision of health care services. After 42.20 the commissioner gives written notice to an individual who is 42.21 the subject of an investigation, the agencies shall assist the 42.22 commissioner with the investigation by giving the commissioner 42.23 the requested data. 42.24 Sec. 35. Minnesota Statutes 1998, section 148B.71, 42.25 subdivision 1, is amended to read: 42.26 Subdivision 1. [SCOPE.] All unlicensed mental health 42.27 practitioners, other than those providing services in a facility 42.28regulated under section 144.651 or a government agencyor 42.29 program licensed by the commissioner of health or the 42.30 commissioner of human services, shall provide to each client 42.31 prior to providing treatment a written copy of the mental health 42.32 client bill of rights. A copy must also be posted in a 42.33 prominent location in the office of the mental health 42.34 practitioner. Reasonable accommodations shall be made for those 42.35 clients who cannot read or who have communication impairments 42.36 and those who do not read or speak English. The mental health 43.1 client bill of rights shall include the following: 43.2 (a) the name, title, business address, and telephone number 43.3 of the practitioner; 43.4 (b) the degrees, training, experience, or other 43.5 qualifications of the practitioner, followed by the following 43.6 statement in bold print: 43.7 "THE STATE OF MINNESOTA HAS NOT ADOPTED UNIFORM EDUCATIONAL 43.8 AND TRAINING STANDARDS FOR ALL MENTAL HEALTH PRACTITIONERS. 43.9 THIS STATEMENT OF CREDENTIALS IS FOR INFORMATION PURPOSES ONLY." 43.10 (c) the name, business address, and telephone number of the 43.11 practitioner's supervisor, if any; 43.12 (d) notice that a client has the right to file a complaint 43.13 with the practitioner's supervisor, if any, and the procedure 43.14 for filing complaints; 43.15 (e) the name, address, and telephone number of the office 43.16 of mental health practice and notice that a client may file 43.17 complaints with the office; 43.18 (f) the practitioner's fees per unit of service, the 43.19 practitioner's method of billing for such fees, the names of any 43.20 insurance companies that have agreed to reimburse the 43.21 practitioner, or health maintenance organizations with whom the 43.22 practitioner contracts to provide service, whether the 43.23 practitioner accepts Medicare, medical assistance, or general 43.24 assistance medical care, and whether the practitioner is willing 43.25 to accept partial payment, or to waive payment, and in what 43.26 circumstances; 43.27 (g) a statement that the client has a right to reasonable 43.28 notice of changes in services or charges; 43.29 (h) a brief summary, in plain language, of the theoretical 43.30 approach used by the practitioner in treating patients; 43.31 (i) notice that the client has a right to complete and 43.32 current information concerning the practitioner's assessment and 43.33 recommended course of treatment, including the expected duration 43.34 of treatment; 43.35 (j) a statement that clients may expect courteous treatment 43.36 and to be free from verbal, physical, or sexual abuse by the 44.1 practitioner; 44.2 (k) a statement that client records and transactions with 44.3 the practitioner are confidential, unless release of these 44.4 records is authorized in writing by the client, or otherwise 44.5 provided by law; 44.6 (l) a statement of the client's right to be allowed access 44.7 to records and written information from records in accordance 44.8 with section 144.335; 44.9 (m) a statement that other services may be available in the 44.10 community, including where information concerning services is 44.11 available; 44.12 (n) a statement that the client has the right to choose 44.13 freely among available practitioners, and to change 44.14 practitioners after services have begun, within the limits of 44.15 health insurance, medical assistance, or other health programs; 44.16 (o) a statement that the client has a right to coordinated 44.17 transfer when there will be a change in the provider of 44.18 services; 44.19 (p) a statement that the client may refuse services or 44.20 treatment, unless otherwise provided by law; and 44.21 (q) a statement that the client may assert the client's 44.22 rights without retaliation. 44.23 Sec. 36. Minnesota Statutes 1998, section 148C.01, 44.24 subdivision 2, is amended to read: 44.25 Subd. 2. [ALCOHOL AND DRUG COUNSELOR.] "Alcohol and drug 44.26 counselor" or "counselor" means a person who: 44.27 (1) uses, as a representation to the public, any title, 44.28 initials, or description of services incorporating the words 44.29 "alcohol and drug counselor"; 44.30 (2) offers to render professional alcohol and drug 44.31 counseling services relative to the abuse of or the dependency 44.32 on alcohol or other drugs to the general public or groups, 44.33 organizations, corporations, institutions, or government 44.34 agencies for compensation, implying that the person is licensed 44.35 and trained, experienced or expert in alcohol and drug 44.36 counseling; 45.1 (3) holds a valid license issued under sections 148C.01 to 45.2 148C.11 to engage in the practice of alcohol and drug 45.3 counseling; or 45.4 (4) is an applicant for an alcohol and drug counseling 45.5 license. 45.6 Sec. 37. Minnesota Statutes 1998, section 148C.01, 45.7 subdivision 7, is amended to read: 45.8 Subd. 7. [ACCREDITED SCHOOL OR EDUCATIONAL PROGRAM.] 45.9 "Accredited school or educational program" means a school of 45.10 alcohol and drug counseling, university, college, or other 45.11 post-secondary education programthat offers no less than the45.12required number of education and practicum hours as described in45.13section 148C.04, subdivision 3, and the core functions as45.14defined in subdivision 9, andthat, at the time the student 45.15 completes the program, is accredited by a regional accrediting 45.16 association whose standards are substantially equivalent to 45.17 those of the North Central Association of Colleges and 45.18 Post-Secondary Education Institutions or an accrediting 45.19 association that evaluates schools of alcohol and drug 45.20 counseling for inclusion of the education, practicum, and core 45.21 function standards in this chapter. 45.22 Sec. 38. Minnesota Statutes 1998, section 148C.01, 45.23 subdivision 9, is amended to read: 45.24 Subd. 9. [CORE FUNCTIONS.] "Core functions" means the 45.25 following services provided in alcohol and drugdependency45.26 treatment: 45.27 (1) "Screening" means the process by which a client is 45.28 determined appropriate and eligible for admission to a 45.29 particular program. 45.30 (2) "Intake" means the administrative and initial 45.31 assessment procedures for admission to a program. 45.32 (3) "Orientation" means describing to the client the 45.33 general nature and goals of the program; rules governing client 45.34 conduct and infractions that can lead to disciplinary action or 45.35 discharge from the program; in a nonresidential program, the 45.36 hours during which services are available; treatment costs to be 46.1 borne by the client, if any; and client's rights. 46.2 (4) "Assessment" means those procedures by which a 46.3 counselor identifies and evaluates an individual's strengths, 46.4 weaknesses, problems, and needsfor the development of theto 46.5 develop a treatment plan or make recommendations for level of 46.6 care placement. 46.7 (5) "Treatment planning" means the process by which the 46.8 counselor and the client identify and rank problems needing 46.9 resolution; establish agreed upon immediate and long-term goals; 46.10 and decide on a treatment process and the sources to be utilized. 46.11 (6) "Counseling" means the utilization of special skills to 46.12 assist individuals, families, or groups in achieving objectives 46.13 through exploration of a problem and its ramifications; 46.14 examination of attitudes and feelings; consideration of 46.15 alternative solutions; and decision making. 46.16 (7) "Case management" means activities which bring 46.17 services, agencies, resources, or people together within a 46.18 planned framework of action toward the achievement of 46.19 established goals. 46.20 (8) "Crisis intervention" means those services which 46.21 respond to an alcohol or other drug user's needs during acute 46.22 emotional or physical distress. 46.23 (9) "Client education" means the provision of information 46.24 to clients who are receiving or seeking counseling concerning 46.25 alcohol and other drug abuse and the available services and 46.26 resources. 46.27 (10) "Referral" means identifying the needs of the client 46.28 which cannot be met by the counselor or agency and assisting the 46.29 client to utilize the support systems and available community 46.30 resources. 46.31 (11) "Reports and recordkeeping" means charting the results 46.32 of the assessment and treatment plan, writing reports, progress 46.33 notes, discharge summaries, and other client-related data. 46.34 (12) "Consultation with other professionals regarding 46.35 client treatment and services" means communicating with other 46.36 professionals in regard to client treatment and services to 47.1 assure comprehensive, quality care for the client. 47.2 Sec. 39. Minnesota Statutes 1998, section 148C.01, 47.3 subdivision 10, is amended to read: 47.4 Subd. 10. [PRACTICE OF ALCOHOL AND DRUG COUNSELING.] 47.5 "Practice of alcohol and drug counseling" means the observation, 47.6 description, evaluation, interpretation, and modification of 47.7 human behavior as it relates to the harmful or pathological use 47.8 or abuse of alcohol or other drugs by the application of the 47.9 core functions. The practice of alcohol and drug counseling 47.10 includes, but is not limited to, the following activities, 47.11 regardless of whether the counselor receives compensation for 47.12 the activities: 47.13 (1) assisting clients who use alcohol or drugs, evaluating 47.14 that use, and recognizing dependency if it exists; 47.15 (2) assisting clients with alcohol or other drug problems 47.16 to gain insight and motivation aimed at resolving those 47.17 problems; 47.18 (3) providing experienced professional guidance, 47.19 assistance, and support for the client's efforts to develop and 47.20 maintain a responsible functional lifestyle; 47.21 (4) recognizing problems outside the scope of the 47.22 counselor's training, skill, or competence and referring the 47.23 client to other appropriate professional services; 47.24 (5) assessing the level of alcohol or other drug use 47.25 involvement; 47.26 (6) individual planning to prevent a return to harmful 47.27 alcohol or chemical use; 47.28 (7) alcohol and other drug abuse education for clients; 47.29 (8) consultation with other professionals;and47.30 (9) gaining cultural competence through ongoing training 47.31 and education according to standards established by rule; and 47.32 (10) providing the above services, as needed, to family 47.33 members or others who are directly affected by someone using 47.34 alcohol or other drugs. 47.35 Sec. 40. Minnesota Statutes 1998, section 148C.01, is 47.36 amended by adding a subdivision to read: 48.1 Subd. 18. [PSYCHOMETRICALLY VALID AND 48.2 RELIABLE.] "Psychometrically valid and reliable" means developed 48.3 on the basis of role delineation, validation, reliability, 48.4 passing point, and sensitivity review factors, according to 48.5 generally accepted standards. 48.6 Sec. 41. Minnesota Statutes 1998, section 148C.03, 48.7 subdivision 1, is amended to read: 48.8 Subdivision 1. [GENERAL.] The commissioner shall, after 48.9 consultation with the advisory council or a committee 48.10 established by rule: 48.11 (a) adopt and enforce rules for licensure of alcohol and 48.12 drug counselors, including establishing standards and methods of 48.13 determining whether applicants and licensees are qualified under 48.14 section 148C.04. The rules must provide for examinations and 48.15 establish standards for the regulation of professional conduct. 48.16 The rules must be designed to protect the public; 48.17 (b) develop and, at least twice a year, administer an 48.18 examination to assess applicants' knowledge and skills. The 48.19 commissioner may contract for the administration of an 48.20 examinationapproved by the International Certification48.21Reciprocity Consortium/Alcohol and Other Drug Abuse48.22(ICRC/AODA)with an entity designated by the commissioner. The 48.23 examinations must be psychometrically valid and reliable; must 48.24 be written and oral, with the oral examination based on a 48.25 written case presentation; must minimize cultural bias,; and 48.26 must be balanced in various theories relative to the practice of 48.27 alcohol and drug counseling; 48.28 (c) issue licenses to individuals qualified under sections 48.29 148C.01 to 148C.11; 48.30 (d) issue copies of the rules for licensure to all 48.31 applicants; 48.32 (e) adopt rules to establish and implement procedures, 48.33 including a standard disciplinary process and rules of 48.34 professional conduct; 48.35 (f) carry out disciplinary actions against licensees; 48.36 (g) establish, with the advice and recommendations of the 49.1 advisory council, written internal operating procedures for 49.2 receiving and investigating complaints and for taking 49.3 disciplinary actions as appropriate; 49.4 (h) educate the public about the existence and content of 49.5 the rules for alcohol and drug counselor licensing to enable 49.6 consumers to file complaints against licensees who may have 49.7 violated the rules; 49.8 (i) evaluate the rules in order to refine and improve the 49.9 methods used to enforce the commissioner's standards; 49.10 (j) set, collect, and adjust license fees for alcohol and 49.11 drug counselors so that the total fees collected will as closely 49.12 as possible equal anticipated expenditures during the biennium, 49.13 as provided in section 16A.1285; fees for initial and renewal 49.14 application and examinations; late fees for counselors who 49.15 submit license renewal applications after the renewal deadline; 49.16 and a surcharge fee. The surcharge fee must include an amount 49.17 necessary to recover, over a five-year period, the 49.18 commissioner's direct expenditures for the adoption of the rules 49.19 providing for the licensure of alcohol and drug counselors. All 49.20 fees received shall be deposited in the state treasury and 49.21 credited to the special revenue fund; and 49.22 (k) prepare reports on activities related to the licensure 49.23 of alcohol and drug counselors according to this subdivision by 49.24 October 1 of each even-numbered year. Copies of the reports 49.25 shall be delivered to the legislature in accordance with section 49.26 3.195 and to the governor. The reports shall contain the 49.27 following information on the commissioner's activities relating 49.28 to the licensure of alcohol and drug counselors, for the 49.29 two-year period ending the previous June 30: 49.30 (1) a general statement of the activities; 49.31 (2) the number of staff hours spent on the activities; 49.32 (3) the receipts and disbursements of funds; 49.33 (4) the names of advisory council members and their 49.34 addresses, occupations, and dates of appointment and 49.35 reappointment; 49.36 (5) the names and job classifications of employees; 50.1 (6) a brief summary of rules proposed or adopted during the 50.2 reporting period with appropriate citations to the State 50.3 Register and published rules; 50.4 (7) the number of persons having each type of license 50.5 issued by the commissioner as of June 30 in the year of the 50.6 report; 50.7 (8) the locations and dates of the administration of 50.8 examinations by the commissioner; 50.9 (9) the number of persons examined by the commissioner with 50.10 the persons subdivided into groups showing age categories, sex, 50.11 and states of residency; 50.12 (10) the number of persons licensed by the commissioner 50.13 after taking the examinations referred to in clause (8) with the 50.14 persons subdivided by age categories, sex, and states of 50.15 residency; 50.16 (11) the number of persons not licensed by the commissioner 50.17 after taking the examinations referred to in clause (8) with the 50.18 persons subdivided by age categories, sex, and states of 50.19 residency; 50.20 (12) the number of persons not taking the examinations 50.21 referred to in clause (8) who were licensed by the commissioner 50.22 or who were denied licensing, the reasons for the licensing or 50.23 denial, and the persons subdivided by age categories, sex, and 50.24 states of residency; 50.25 (13) the number of persons previously licensed by the 50.26 commissioner whose licenses were revoked, suspended, or 50.27 otherwise altered in status with brief statements of the reasons 50.28 for the revocation, suspension, or alteration; 50.29 (14) the number of written and oral complaints and other 50.30 communications received by the commissioner which allege or 50.31 imply a violation of a statute or rule which the commissioner is 50.32 empowered to enforce; 50.33 (15) a summary, by specific category, of the substance of 50.34 the complaints and communications referred to in clause (14) 50.35 and, for each specific category, the responses or dispositions; 50.36 and 51.1 (16) any other objective information which the commissioner 51.2 believes will be useful in reviewing the commissioner's 51.3 activities. 51.4 Sec. 42. Minnesota Statutes 1998, section 148C.04, 51.5 subdivision 3, is amended to read: 51.6 Subd. 3. [LICENSING REQUIREMENTS FOR THE FIRST FIVE 51.7 YEARS.] For five years after the effective date of the rules 51.8 authorized in section 148C.03, the applicant, unless qualified 51.9 under section 148C.06 during thetwo-year25-month period 51.10 authorized therein, under section 148C.07, or under subdivision 51.11 4, must furnish evidence satisfactory to the commissioner that 51.12 the applicant has met all the requirements in clauses (1) to (3). 51.13 The applicant must have: 51.14 (1) received an associate degree, or an equivalent number 51.15 of credit hours, and a certificate in alcohol and drug 51.16 counseling including 270 clock hours of alcohol and drug 51.17 counseling classroom education from an accredited school or 51.18 educational program and 880 clock hours of alcohol and drug 51.19 counseling practicum; 51.20 (2) completed a written case presentation and 51.21 satisfactorily passed an oral examination that demonstrates 51.22 competence in the core functions; and 51.23 (3) satisfactorily passed a written examination as 51.24 established by the commissioner. 51.25 Sec. 43. Minnesota Statutes 1998, section 148C.04, is 51.26 amended by adding a subdivision to read: 51.27 Subd. 6. [TEMPORARY PRACTICE REQUIREMENTS.] (a) A person 51.28 may temporarily practice alcohol and drug counseling prior to 51.29 being licensed under this chapter if the person: 51.30 (1) either: 51.31 (i) meets the associate degree education and practicum 51.32 requirements of subdivision 3, clause (1); or 51.33 (ii) meets the bachelor's degree education and practicum 51.34 requirements of subdivision 4, clause (1), item (i); 51.35 (2) within 60 days of meeting the requirements of 51.36 subdivision 3, clause (1), or subdivision 4, clause (1), item 52.1 (i), requests, in writing, temporary practice status with the 52.2 commissioner on an application form according to section 52.3 148C.0351, which includes the nonrefundable license fee and an 52.4 affirmation by the person's supervisor, as defined in paragraph 52.5 (b), clause (1), and which is signed and dated by the person and 52.6 the person's supervisor; 52.7 (3) has not been disqualified to practice temporarily on 52.8 the basis of a background investigation under section 148C.09, 52.9 subdivision 1a; and 52.10 (4) has been notified in writing by the commissioner that 52.11 the person is qualified to practice under this subdivision. 52.12 (b) A person practicing under this subdivision: 52.13 (1) may practice only in a program licensed by the 52.14 department of human services and under the direct, on-site 52.15 supervision of a person who is licensed under this chapter and 52.16 employed in that licensed program; 52.17 (2) is subject to the rules of professional conduct set by 52.18 rule; 52.19 (3) is not subject to the continuing education requirements 52.20 of section 148C.05; and 52.21 (4) must be licensed according to this chapter within 12 52.22 months of meeting the requirements of subdivision 3, clause (1), 52.23 or subdivision 4, clause (1), item (i). 52.24 (c) Upon written request, the commissioner may extend a 52.25 person's temporary status if the person practices in a program 52.26 described in section 148C.11, subdivision 3, paragraph (b), 52.27 clause (2). 52.28 (d) A person practicing under this subdivision may not hold 52.29 himself or herself out to the public by any title or description 52.30 stating or implying that the person is licensed to engage in the 52.31 practice of alcohol and drug counseling. 52.32 Sec. 44. Minnesota Statutes 1998, section 148C.04, is 52.33 amended by adding a subdivision to read: 52.34 Subd. 7. [EFFECT AND SUSPENSION OF TEMPORARY 52.35 PRACTICE.] Approval of a person's application for temporary 52.36 practice creates no rights to or expectation of approval from 53.1 the commissioner for licensure as an alcohol and drug 53.2 counselor. The commissioner may suspend or restrict a person's 53.3 temporary practice status according to section 148C.09. 53.4 Sec. 45. Minnesota Statutes 1998, section 148C.06, 53.5 subdivision 1, is amended to read: 53.6 Subdivision 1. [QUALIFICATIONS.] Fortwo years25 months 53.7 from the effective date of the rules authorized in section 53.8 148C.03, subdivision 1, the commissioner shall issue a license 53.9 to an applicant if the applicant meets one of the following 53.10 qualifications: 53.11 (a) is credentialed as a certified chemical dependency 53.12 counselor (CCDC) or certified chemical dependency counselor 53.13 reciprocal (CCDCR) by the Institute for Chemical Dependency 53.14 Professionals of Minnesota, Inc.; graduates from an accredited 53.15 school or education program with a certificate of completion in 53.16 alcohol and drug counselor studies that includes a minimum of 53.17 270 clock hours of formal classroom education and 880 clock 53.18 hours of alcohol and drug counselor internship and passes both 53.19 the written and oral examinations according to this chapter; or 53.20 has 2,080 hours of supervised alcohol and drug counselor 53.21 experience, 270 clock hours of alcohol and drug counselor 53.22 training with a minimum of 60 hours of the training occurring 53.23 within the past five years, and 300 hours of alcohol and drug 53.24 counselor internship and successfully completes the examination 53.25 requirements in section 148C.04, subdivision 3, clauses (2) and 53.26 (3); 53.27 (b) has 6,000 hours of supervised alcohol and drug 53.28 counselor experience as defined by the core functions, 270 clock 53.29 hours of alcohol and drug counselor training with a minimum of 53.30 60 hours of this training occurring within the past five years, 53.31 300 hours of alcohol and drug counselor internship, and has 53.32 successfully completed the examination requirements in section 53.33 148C.04, subdivision 3, clauses (2) and (3); 53.34 (c) has 10,000 hours of supervised alcohol and drug 53.35 counselor experience as defined by the core functions, 270 clock 53.36 hours of alcohol and drug training with a minimum of 60 hours of 54.1 this training occurring within the past five years, and has 54.2 successfully completed the requirements in section 148C.04, 54.3 subdivision 3, clause (2) or (3), or is credentialed as a 54.4 certified chemical dependency practitioner (CCDP) by the 54.5 Institute for Chemical Dependency Professionals of Minnesota, 54.6 Inc.; or 54.7 (d) has 14,000 hours of supervised alcohol and drug 54.8 counselor experience as defined by the core functions and 270 54.9 clock hours of alcohol and drug training with a minimum of 60 54.10 hours of this training occurring within the past five years; or54.11(e) has met the special licensing criteria established54.12pursuant to section 148C.11. 54.13 Sec. 46. Minnesota Statutes 1998, section 148C.06, 54.14 subdivision 2, is amended to read: 54.15 Subd. 2. [DOCUMENTATION OF STATUS; CERTAIN APPLICANTS.] 54.16 (a) A licensureapplicationsapplicant under subdivision 1, 54.17 paragraphs (a) and (c), may document certified status by 54.18 submitting to the commissioner an original and current 54.19 certificate issued by an international certification and 54.20 reciprocity consortium board in this or another jurisdiction. 54.21 (b) A licensure applicant under subdivision 1, paragraphs 54.22 (b) and (c), must be deemed eligible for licensure within the 54.23 transition period, provided the applicant: 54.24 (1) made the application to the administrator of the exam 54.25 or exams required by the commissioner before January 28, 2000; 54.26 (2) passed the required examinations before January 28, 54.27 2001; and 54.28 (3) meets all other requirements for licensure under this 54.29 section. 54.30 Sec. 47. Minnesota Statutes 1998, section 148C.09, 54.31 subdivision 1, is amended to read: 54.32 Subdivision 1. [GROUNDS.] The commissioner may refuse to 54.33 grant a license to, or may suspend, revoke, or restrict the 54.34 license of an individual if the commissioner determines that a 54.35 licensee or applicant: 54.36 (1) is incompetent to engage in alcohol and drug counseling 55.1 practice or is found to be engaged in alcohol and drug 55.2 counseling practice in a manner harmful or dangerous to a client 55.3 or the public; 55.4 (2) has violated the rules of the commissioner or the 55.5 statutes the commissioner is empowered to enforce; or any law, 55.6 rule order, stipulation and consent order, agreement, or 55.7 settlement; 55.8 (3) has obtained or attempted to obtain a license or 55.9 license renewal by bribery or fraudulent misrepresentation; 55.10 (4) has knowingly made a false statement on the form 55.11 required to be submitted to the commissioner for licensing or 55.12 license renewal; 55.13 (5) has failed to obtain continuing education credits 55.14 required by the commissioner; 55.15 (6) has failed to demonstrate the qualifications or satisfy 55.16 the requirements for a license contained in this chapter or 55.17 rules of the commissioner. The burden of proof shall be upon 55.18 the applicant to demonstrate qualifications or satisfaction of 55.19 requirements; 55.20 (7) has been convicted of a crime, including a finding or 55.21 verdict of guilt, an admission of guilt, or a no contest plea, 55.22 in any court in Minnesota or any other jurisdiction in the 55.23 United States, reasonably related to the provision of alcohol 55.24 and drug counseling services. Conviction, as used in this 55.25 subdivision, includes conviction of an offense which, if 55.26 committed in this state, would be deemed a felony or gross 55.27 misdemeanor without regard to its designation elsewhere, or a 55.28 criminal proceeding where a finding or verdict of guilty is made 55.29 or returned but the adjudication of guilt is either withheld or 55.30 not entered; 55.31 (8) has been convicted of a crime against another person. 55.32 For purposes of this chapter, a crime against another person 55.33 means an offense listed in section 148B.68, subdivision 1, 55.34 paragraph (b); 55.35 (9) has failed to comply with the self-reporting 55.36 requirements of section 148C.095, subdivision 7; 56.1 (10) has engaged in sexual contact with a client, or a 56.2 former client, as defined in section 148A.01, or has engaged in 56.3 conduct that may be reasonably interpreted by a client as 56.4 sexual, or has engaged in any verbal behavior that is seductive 56.5 or sexually demeaning to the client, or has engaged in sexual 56.6 exploitation of a client or former client; 56.7 (11) has engaged in false, fraudulent, deceptive, or 56.8 misleading advertising; 56.9 (12) has engaged in conduct likely to deceive, defraud, or 56.10 harm the public; or has demonstrated a willful or careless 56.11 disregard for the health, welfare, or safety of a client; or any 56.12 other practice that may create unnecessary danger to any 56.13 client's life, health, or safety, in any of which cases, proof 56.14 of actual injury need not be established; 56.15 (13) has been adjudicated as mentally incompetent, or as a 56.16 person who has a psychopathic personality, or who is dangerous 56.17 to self, or has been adjudicated as chemically dependent, 56.18 mentally ill, mentally retarded, or mentally ill and dangerous 56.19 to the public pursuant to chapter 253B; 56.20 (14) is unable to provide alcohol and drug counseling 56.21 services with reasonable safety to clients; 56.22 (15)ishas habituallyoverindulgentoverindulged in the 56.23 use of or the dependence on alcohol within the past two years; 56.24 (16) has engaged in the improper or unauthorized personal 56.25 or other use of any legend drugs as defined in section 151.01, 56.26 any chemicals as defined in section 151.01, or any controlled 56.27 substance as defined in section 152.01 within the past two 56.28 years; 56.29 (17) reveals a communication from, or relating to, a client 56.30 except when required or permitted by law; 56.31 (18) fails to comply with a client's request for health 56.32 records made under section 144.335, or to furnish a client 56.33 record or report required by law; 56.34 (19) has engaged in fee splitting or promises to pay a 56.35 portion of a fee to any other professional other than for 56.36 services rendered by the other professional to the client; 57.1 (20) has engaged in abusive or fraudulent billing 57.2 practices, including violations of the federal Medicare and 57.3 Medicaid laws or state medical assistance laws; 57.4 (21) fails to make reports as required by section 148C.095, 57.5 or cooperate with an investigation of the commissioner; 57.6 (22) obtains money, property, or services from a client, 57.7 other than reasonable fees for services provided to the client, 57.8 through the use of undue influence, harassment, duress, 57.9 deception, or fraud; 57.10 (23) undertakes or continues a professional relationship 57.11 with a client in which the objectivity of the alcohol and drug 57.12 counselor may be impaired; 57.13 (24) engages in conduct that constitutes grounds for 57.14 discipline as established by the commissioner in rule; or 57.15 (25) engages in bartering for services with a client. 57.16 Sec. 48. Minnesota Statutes 1998, section 148C.09, 57.17 subdivision 1a, is amended to read: 57.18 Subd. 1a. [BACKGROUND INVESTIGATION.] The applicant must 57.19 sign a release authorizing the commissioner to obtain 57.20 information from the bureau of criminal apprehension, the 57.21 Federal Bureau of Investigation, the office of mental health 57.22 practice, the department of human services, the office of health 57.23 facilities complaints, and other agencies specified in the 57.24 rules. After the commissioner has given written notice to an 57.25 individual who is the subject of a background investigation, the 57.26 agencies shall assist the commissioner with the investigation by 57.27 giving the commissioner criminal conviction data, reports about 57.28abuse or neglect of clientssubstantiated maltreatment of minors 57.29 and vulnerable adults, and other information specified in the 57.30 rules. The commissioner may contract with the commissioner of 57.31 human services to obtain criminal history data from the bureau 57.32 of criminal apprehension. 57.33 Sec. 49. Minnesota Statutes 1998, section 148C.10, is 57.34 amended by adding a subdivision to read: 57.35 Subd. 1a. [PRACTICE ALLOWED; CERTAIN INDIVIDUALS.] (a) 57.36 Notwithstanding subdivision 1, individuals may engage in alcohol 58.1 and drug counseling practice only until the commissioner issues 58.2 a license or denies the license application, whichever occurs 58.3 sooner, provided the individual: 58.4 (1) was employed as an alcohol and drug counselor before 58.5 January 28, 2000; 58.6 (2) is under the supervision of an alcohol and drug 58.7 counselor who is licensed under this chapter or employed in a 58.8 program licensed by the department of human services; 58.9 (3) has not applied and been rejected or denied a license 58.10 by the commissioner on any grounds under this chapter, other 58.11 than failure to satisfy examination requirements, or on the 58.12 basis of an investigation under chapter 148B; and 58.13 (4) either: 58.14 (i) made application to the commissioner for a license as 58.15 an alcohol and drug counselor before January 28, 2000; or 58.16 (ii) made application to the administrator of the exam or 58.17 exams required by the commissioner before January 28, 2000, 58.18 passes the examinations before January 28, 2001, and within 60 58.19 calendar days of passing the examinations makes application to 58.20 the commissioner for a license under this chapter. 58.21 (b) As used in this subdivision, supervision means 58.22 monitoring activities of and accepting legal liability for the 58.23 individual practicing without a license. 58.24 (c) Practice allowed under this subdivision creates no 58.25 rights or expectations of approval from the commissioner for 58.26 licensing as an alcohol and drug counselor. The commissioner 58.27 may suspend or restrict practice under this subdivision as 58.28 authorized under section 148C.09. 58.29 Sec. 50. Minnesota Statutes 1998, section 148C.11, 58.30 subdivision 1, is amended to read: 58.31 Subdivision 1. [OTHER PROFESSIONALS.] Nothing in sections 58.32 148C.01 to 148C.10 shall prevent members of other professions or 58.33 occupations from performing functions for which they are 58.34 qualified or licensed. This exception includes, but is not 58.35 limited to, licensed physicians, registered nurses, licensed 58.36 practical nurses, licensed psychological practitioners, members 59.1 of the clergy, American Indian medicine men and women, licensed 59.2 attorneys, probation officers, licensed marriage and family 59.3 therapists, licensed social workers, licensed professional 59.4 counselors, school counselors employed by a school district 59.5 while acting within the scope of employment as school 59.6 counselors, and registered occupational therapists or 59.7 occupational therapy assistants. These persons must not, 59.8 however, use a title incorporating the words "alcohol and drug 59.9 counselor" or "licensed alcohol and drug counselor" or otherwise 59.10 hold themselves out to the public by any title or description 59.11 stating or implying that they are engaged in the practice of 59.12 alcohol and drug counseling, or that they are licensed to engage 59.13 in the practice of alcohol and drug counseling. Persons engaged 59.14 in the practice of alcohol and drug counseling are not exempt 59.15 from the commissioner's jurisdiction solely by the use of one of 59.16 the above titles. 59.17 Sec. 51. Minnesota Statutes 1998, section 153A.13, 59.18 subdivision 9, is amended to read: 59.19 Subd. 9. [SUPERVISION.] "Supervision" meanson-site59.20observing andmonitoring activities of, and accepting 59.21 responsibility for, the hearing instrument dispensing activities 59.22 of a trainee. 59.23 Sec. 52. Minnesota Statutes 1998, section 153A.13, is 59.24 amended by adding a subdivision to read: 59.25 Subd. 10. [DIRECT SUPERVISION OR DIRECTLY 59.26 SUPERVISED.] "Direct supervision" or "directly supervised" means 59.27 the on-site and contemporaneous location of a supervisor and 59.28 trainee, when the supervisor observes the trainee engaging in 59.29 hearing instrument dispensing with a consumer. 59.30 Sec. 53. Minnesota Statutes 1998, section 153A.13, is 59.31 amended by adding a subdivision to read: 59.32 Subd. 11. [INDIRECT SUPERVISION OR INDIRECTLY 59.33 SUPERVISED.] "Indirect supervision" or "indirectly supervised" 59.34 means the remote and independent performance of hearing 59.35 instrument dispensing by a trainee when authorized under section 59.36 153A.14, subdivision 4a, paragraph (b). 60.1 Sec. 54. Minnesota Statutes 1998, section 153A.14, 60.2 subdivision 1, is amended to read: 60.3 Subdivision 1. [APPLICATION FOR CERTIFICATE.] An applicant 60.4 must: 60.5 (1) be1821 years of age or older; 60.6 (2) apply to the commissioner for a certificate to dispense 60.7 hearing instruments on application forms provided by the 60.8 commissioner; 60.9 (3) at a minimum, provide the applicant's name, social 60.10 security number, business address and phone number, employer, 60.11 and information about the applicant's education, training, and 60.12 experience in testing human hearing and fitting hearing 60.13 instruments; 60.14 (4) include with the application a statement that the 60.15 statements in the application are true and correct to the best 60.16 of the applicant's knowledge and belief; 60.17 (5) include with the application a written and signed 60.18 authorization that authorizes the commissioner to make inquiries 60.19 to appropriate regulatory agencies in this or any other state 60.20 where the applicant has sold hearing instruments; 60.21 (6) submit certification to the commissioner that the 60.22 applicant's audiometric equipment has been calibrated to meet 60.23 current ANSI standards within 12 months of the date of the 60.24 application; 60.25 (7) submit evidence of continuing education credits, if 60.26 required; and 60.27 (8) submit all fees as required under section 153A.17. 60.28 Sec. 55. Minnesota Statutes 1998, section 153A.14, 60.29 subdivision 2a, is amended to read: 60.30 Subd. 2a. [EXEMPTION FROM WRITTEN EXAMINATION 60.31 REQUIREMENT.] Persons completing the audiology registration 60.32 requirements of section 148.515 after January 1, 1996, are 60.33 exempt from the written examination requirements of subdivision 60.34 2h, paragraph (a), clause (1). Minnesota registration or 60.35 American Speech-Language-Hearing Association certification as an 60.36 audiologist is not required but may be submitted as evidence 61.1 qualifying for exemption from the written examination if the 61.2 requirements are completed after January 1, 1996. Persons 61.3 qualifying for written examination exemption must fulfill the 61.4 other credentialing requirements under subdivisions 1 and 2 61.5 before a certificate may be issued by the commissioner. 61.6 Sec. 56. Minnesota Statutes 1998, section 153A.14, 61.7 subdivision 2h, is amended to read: 61.8 Subd. 2h. [CERTIFICATION BY EXAMINATION.] An applicant 61.9 must achieve a passing score, as determined by the commissioner, 61.10 on an examination according to paragraphs (a) to (c). 61.11 (a) The examination must include, but is not limited to: 61.12 (1) A written examination approved by the commissioner 61.13 covering the following areas as they pertain to hearing 61.14 instrument selling: 61.15 (i) basic physics of sound; 61.16 (ii) the anatomy and physiology of the ear; 61.17 (iii) the function of hearing instruments; 61.18 (iv) the principles of hearing instrument selection; and 61.19 (v) state and federal laws, rules, and regulations. 61.20 (2) Practical tests of proficiency in the following 61.21 techniques as they pertain to hearing instrument selling: 61.22 (i) pure tone audiometry, including air conduction testing 61.23 and bone conduction testing; 61.24 (ii) live voice or recorded voice speech audiometry 61.25 including speech recognition (discrimination) testing, most 61.26 comfortable loudness level, and uncomfortable loudness 61.27 measurements of tolerance thresholds; 61.28 (iii) masking when indicated; 61.29 (iv) recording and evaluation of audiograms and speech 61.30 audiometry to determine proper selection and fitting of a 61.31 hearing instrument; 61.32 (v) taking ear mold impressions; and 61.33 (vi) using an otoscope for the visual observation of the 61.34 entire ear canal. 61.35 (b) The examination shall be administered by the 61.36 commissioner at least twice a year. 62.1 (c) An applicant must achieve a passing score on all 62.2 portions of the examination within a two-year period. An 62.3 applicant who does not achieve a passing score on all portions 62.4 of the examination within a two-year period must retake the 62.5 entire examination and achieve a passing score on each portion 62.6 of the examination. An applicant who does not apply for 62.7 certification within one year of successful completion of the 62.8 examination must retake the examination and achieve a passing 62.9 score on each portion of the examination. An applicant may not 62.10 take any part of the examination more than three times in a 62.11 two-year period. 62.12 Sec. 57. Minnesota Statutes 1998, section 153A.14, 62.13 subdivision 4, is amended to read: 62.14 Subd. 4. [DISPENSING OF HEARING INSTRUMENTS WITHOUT 62.15 CERTIFICATE.] Except as provided insubdivisionsubdivisions 4a 62.16 and 4c, it is unlawful for any person not holding a valid 62.17 certificate to dispense a hearing instrument as defined in 62.18 section 153A.13, subdivision 3. A person who dispenses a 62.19 hearing instrument without the certificate required by this 62.20 section is guilty of a gross misdemeanor. 62.21 Sec. 58. Minnesota Statutes 1998, section 153A.14, 62.22 subdivision 4a, is amended to read: 62.23 Subd. 4a. [TRAINEES.] (a) A person who is not certified 62.24 under this section may dispense hearing instruments as a trainee 62.25 for a period not to exceed 12 months if the person: 62.26 (1) submits an application on forms provided by the 62.27 commissioner; 62.28 (2) is under the supervision of a certified dispenser 62.29 meeting the requirements of this subdivision; and 62.30 (3) meets all requirements for certification except passage 62.31 of the examination required by this section. 62.32 (b) A certified hearing instrument dispenser may not 62.33 supervise more than two trainees at the same time and may not 62.34 directly supervise more than one trainee at a time. The 62.35 certified dispenser is responsible for all actions or omissions 62.36 of a trainee in connection with the dispensing of hearing 63.1 instruments. A certified dispenser may not supervise a trainee 63.2 if there are any commissioner, court, or other orders, currently 63.3 in effect or issued within the last five years, that were issued 63.4 with respect to an action or omission of a certified dispenser 63.5 or a trainee under the certified dispenser's supervision. 63.6TraineesUntil taking and passing the practical examination 63.7 testing the techniques described in subdivision 2h, paragraph 63.8 (a), clause (2), trainees must be directly supervised in all 63.9 areas described in subdivision 4b, and the activities tested by 63.10 the practical examination.Two hundred hours of on-site63.11observations must be completed within the trainee period with a63.12minimum of 100 hours involving the supervisor, trainee, and a63.13consumer. In additionThereafter, trainees may dispense hearing 63.14 instruments under indirect supervision until expiration of the 63.15 trainee period. Under indirect supervision, the trainee must 63.16 complete two monitored activities a week. Monitored activities 63.17 may be executed by correspondence, telephone, or other 63.18 telephonic devices, and include, but are not limited to, 63.19 evaluation of audiograms, written reports, and contracts. The 63.20 time spent in supervision must be recorded and the record 63.21 retained by the supervisor. 63.22 Sec. 59. Minnesota Statutes 1998, section 153A.14, is 63.23 amended by adding a subdivision to read: 63.24 Subd. 4c. [RECIPROCITY.] (a) A person applying for 63.25 certification as a hearing instrument dispenser under 63.26 subdivision 1 who has dispensed hearing instruments in another 63.27 jurisdiction may dispense hearing instruments as a trainee under 63.28 indirect supervision if the person: 63.29 (1) satisfies the provisions of subdivision 4a, paragraph 63.30 (a); 63.31 (2) submits a signed and dated affidavit stating that the 63.32 applicant is not the subject of a disciplinary action or past 63.33 disciplinary action in this or another jurisdiction and is not 63.34 disqualified on the basis of section 153A.15, subdivision 1; and 63.35 (3) provides a copy of a current credential as a hearing 63.36 instrument dispenser, an audiologist, or both, held in the 64.1 District of Columbia or a state or territory of the United 64.2 States. 64.3 (b) A person becoming a trainee under this subdivision who 64.4 fails to take and pass the practical examination described in 64.5 subdivision 2h, paragraph (a), clause (2), when next offered 64.6 must cease dispensing hearing instruments unless under direct 64.7 supervision. 64.8 Sec. 60. Minnesota Statutes 1998, section 153A.14, is 64.9 amended by adding a subdivision to read: 64.10 Subd. 4d. [EXPIRATION OF TRAINEE PERIOD.] The trainee 64.11 period automatically expires two months following notice of 64.12 passing all examination requirements of subdivision 2h. 64.13 Sec. 61. Minnesota Statutes 1998, section 153A.15, 64.14 subdivision 1, is amended to read: 64.15 Subdivision 1. [PROHIBITED ACTS.] The commissioner may 64.16 take enforcement action as provided under subdivision 2 against 64.17 a dispenser of hearing instruments for the following acts and 64.18 conduct: 64.19 (1) prescribing or otherwise recommending to a consumer or 64.20 potential consumer the use of a hearing instrument, unless the 64.21 prescription from a physician or recommendation from a hearing 64.22 instrument dispenser or audiologist is in writing, is based on 64.23 an audiogram that is delivered to the consumer or potential 64.24 consumer when the prescription or recommendation is made, and 64.25 bears the following information in all capital letters of 64.26 12-point or larger boldface type: "THIS PRESCRIPTION OR 64.27 RECOMMENDATION MAY BE FILLED BY, AND HEARING INSTRUMENTS MAY BE 64.28 PURCHASED FROM, THE CERTIFIED DISPENSER OF YOUR CHOICE"; 64.29 (2) failing to give a copy of the audiogram, upon which the 64.30 prescription or recommendation is based, to the consumer when 64.31 there has been a charge for the audiogram and the consumer 64.32 requests a copy; 64.33 (3) dispensing a hearing instrument to a minor person 18 64.34 years or younger unless evaluated by an audiologist for hearing 64.35 evaluation and hearing aid evaluation; 64.36 (4) failing to provide the consumer rights brochure 65.1 required by section 153A.14, subdivision 9; 65.2(4)(5) being disciplined through a revocation, suspension, 65.3 restriction, or limitation by another state for conduct subject 65.4 to action under this chapter; 65.5(5)(6) presenting advertising that is false or misleading; 65.6(6)(7) providing the commissioner with false or misleading 65.7 statements of credentials, training, or experience; 65.8(7)(8) engaging in conduct likely to deceive, defraud, or 65.9 harm the public; or demonstrating a willful or careless 65.10 disregard for the health, welfare, or safety of a consumer; 65.11(8)(9) splitting fees or promising to pay a portion of a 65.12 fee to any other professional other than a fee for services 65.13 rendered by the other professional to the client; 65.14(9)(10) engaging in abusive or fraudulent billing 65.15 practices, including violations of federal Medicare and Medicaid 65.16 laws, Food and Drug Administration regulations, or state medical 65.17 assistance laws; 65.18(10)(11) obtaining money, property, or services from a 65.19 consumer through the use of undue influence, high pressure sales 65.20 tactics, harassment, duress, deception, or fraud; 65.21(11)(12) failing to comply with restrictions on sales of 65.22 hearing aids in sections 153A.14, subdivision 9, and 153A.19; 65.23(12)(13) performing the services of a certified hearing 65.24 instrument dispenser in an incompetent or negligent manner; 65.25(13)(14) failing to comply with the requirements of this 65.26 chapter as an employer, supervisor, or trainee; 65.27(14)(15) failing to provide information in a timely manner 65.28 in response to a request by the commissioner, commissioner's 65.29 designee, or the advisory council; 65.30(15)(16) being convicted within the past five years of 65.31 violating any laws of the United States, or any state or 65.32 territory of the United States, and the violation is a felony, 65.33 gross misdemeanor, or misdemeanor, an essential element of which 65.34 relates to hearing instrument dispensing, except as provided in 65.35 chapter 364; 65.36(16)(17) failing to cooperate with the commissioner, the 66.1 commissioner's designee, or the advisory council in any 66.2 investigation; 66.3(17)(18) failing to perform hearing instrument dispensing 66.4 with reasonable judgment, skill, or safety due to the use of 66.5 alcohol or drugs, or other physical or mental impairment; 66.6(18)(19) failing to fully disclose actions taken against 66.7 the applicant or the applicant's legal authorization to dispense 66.8 hearing instruments in this or another state; 66.9(19)(20) violating a state or federal court order or 66.10 judgment, including a conciliation court judgment, relating to 66.11 the activities of the applicant in hearing instrument 66.12 dispensing; 66.13(20)(21) having been or being disciplined by the 66.14 commissioner of the department of health, or other authority, in 66.15 this or another jurisdiction, if any of the grounds for the 66.16 discipline are the same or substantially equivalent to those in 66.17 sections 153A.13 to 153A.19; 66.18(21)(22) misrepresenting the purpose of hearing tests, or 66.19 in any way communicating that the hearing test or hearing test 66.20 protocol required by section 153A.14, subdivision 4b, is a 66.21 medical evaluation, a diagnostic hearing evaluation conducted by 66.22 an audiologist, or is other than a test to select a hearing 66.23 instrument, except that the hearing instrument dispenser can 66.24 determine the need for or recommend the consumer obtain a 66.25 medical evaluation consistent with requirements of the United 66.26 States Food and Drug Administration; 66.27(22)(23) violating any of the provisions of sections 66.28 153A.13 to 153A.19; and 66.29(23)(24) aiding or abetting another person in violating 66.30 any of the provisions of sections 153A.13 to 153A.19. 66.31 Sec. 62. Minnesota Statutes 1999 Supplement, section 66.32 214.01, subdivision 2, is amended to read: 66.33 Subd. 2. [HEALTH-RELATED LICENSING BOARD.] "Health-related 66.34 licensing board" means the board of examiners of nursing home 66.35 administrators established pursuant to section 144A.19, the 66.36 office of unlicensed complementary and alternative health care 67.1 practice established pursuant to section 146A.02, the board of 67.2 medical practice created pursuant to section 147.01, the board 67.3 of nursing created pursuant to section 148.181, the board of 67.4 chiropractic examiners established pursuant to section 148.02, 67.5 the board of optometry established pursuant to section 148.52, 67.6 the board of physical therapy established pursuant to section 67.7 148.67, the board of psychology established pursuant to section 67.8 148.90, the board of social work pursuant to section 148B.19, 67.9 the board of marriage and family therapy pursuant to section 67.10 148B.30, the office of mental health practice established 67.11 pursuant to section 148B.61, the alcohol and drug counselors 67.12 licensing advisory council established pursuant to section 67.13 148C.02, the board of dietetics and nutrition practice 67.14 established under section 148.622, the board of dentistry 67.15 established pursuant to section 150A.02, the board of pharmacy 67.16 established pursuant to section 151.02, the board of podiatric 67.17 medicine established pursuant to section 153.02, and the board 67.18 of veterinary medicine, established pursuant to section 156.01. 67.19 Sec. 63. Laws 1999, chapter 223, article 2, section 81, as 67.20 amended by Laws 1999, chapter 249, section 12, is amended to 67.21 read: 67.22 Sec. 81. [EFFECTIVE DATES.] 67.23 Section 48 is effective March 1, 2000. 67.24 Sections 59, 61, 62, 64, 65, and 79 are effective the day 67.25 following final enactment. 67.26 Section 67 is effective June 30, 1999. 67.27 Section 80, paragraph (a), is effective July 1, 1999. 67.28 Section 80,paragraphsparagraph (b)and (c), areis 67.29 effective July 1, 2000. 67.30 Section 80, paragraph (c), is effective July 1, 2001. 67.31 Sec. 64. [EMPLOYEE HEALTH INSURANCE.] 67.32 The commissioner of health shall examine issues related to 67.33 rising health insurance costs and shall develop recommendations 67.34 for providing employer-subsidized affordable health insurance to 67.35 employees of programs and facilities that serve the elderly and 67.36 disabled. In conducting this study, the commissioner may also 68.1 examine the affordability and availability of health insurance 68.2 coverage for lower-income Minnesotans generally. In developing 68.3 these recommendations, the commissioner shall consult with 68.4 affected employers, consumers, and providers and may require 68.5 facilities to provide information on health insurance offered to 68.6 their employees, including information on eligibility, 68.7 enrollment, cost and level of benefits. The commissioner shall 68.8 provide recommendations by January 15, 2002, to the chairs of 68.9 the house health and human services policy and finance 68.10 committees and the senate health and family security committee 68.11 and health and family security budget division. 68.12 Sec. 65. [REPORT TO THE LEGISLATURE.] 68.13 The commissioner of health shall report to the legislature 68.14 by January 1, 2003, on the number and types of complaints 68.15 received against unlicensed complementary and alternative health 68.16 care practitioners pursuant to Minnesota Statutes, chapter 146A, 68.17 the types of practitioners against whom complaints were filed, 68.18 and the locations of the practitioners, the number of 68.19 investigations conducted, and the number and types of 68.20 enforcement actions completed. The report must be filed in 68.21 accordance with Minnesota Statutes, sections 3.195 and 3.197. 68.22 Sec. 66. [REPEALER.] 68.23 Minnesota Statutes 1998, sections 148.5193, subdivisions 3 68.24 and 5; and 148C.04, subdivision 5, are repealed. 68.25 Sec. 67. [EFFECTIVE DATE.] 68.26 Sections 1, 9 to 21, 62, and 65 are effective July 1, 2001. 68.27 Sections 2 to 8, 22 to 61, 63, 64, and 66 are effective the day 68.28 following final enactment.