1st 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 provisions for 1.3 speech-language pathologists, audiologists, unlicensed 1.4 mental health practitioners, alcohol and drug 1.5 counselors, and hearing instrument dispensers; 1.6 amending Minnesota Statutes 1998, sections 148.512, 1.7 subdivision 5; 148.515, subdivision 3; 148.517, by 1.8 adding a subdivision; 148.518, subdivision 2; 1.9 148.5193, subdivisions 1, 2, 4, 6, and by adding a 1.10 subdivision; 148.5196, subdivision 3; 148B.60, 1.11 subdivision 3; 148B.68, subdivision 1; 148B.69, by 1.12 adding a subdivision; 148B.71, subdivision 1; 148C.01, 1.13 subdivisions 2, 7, 9, 10, and by adding a subdivision; 1.14 148C.03, subdivision 1; 148C.04, by adding 1.15 subdivisions; 148C.06, subdivisions 1 and 2; 148C.09, 1.16 subdivisions 1 and 1a; 148C.11, subdivision 1; 1.17 153A.13, subdivision 9, and by adding subdivisions; 1.18 153A.14, subdivisions 1, 2a, 2h, 4, 4a, and by adding 1.19 subdivisions; and 153A.15, subdivision 1; repealing 1.20 Minnesota Statutes 1998, sections 148.5193, 1.21 subdivisions 3 and 5; and 148C.04, subdivision 5. 1.22 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.23 Section 1. Minnesota Statutes 1998, section 148.512, 1.24 subdivision 5, is amended to read: 1.25 Subd. 5. [APPROVED CONTINUING EDUCATION SPONSOR.] 1.26 "ApprovedContinuing education sponsor" means an organization 1.27 that offers a learning experience designed to promote continuing 1.28 competency in the procedures and techniques of the practice of 1.29 speech-language pathology or audiology andthat meetswhose 1.30 activities meet the criteria in section 148.5193,subdivision 3,1.31or is a preapproved sponsor listed in section 148.5193,1.32 subdivision 2. 1.33 Sec. 2. Minnesota Statutes 1998, section 148.515, 2.1 subdivision 3, is amended to read: 2.2 Subd. 3. [SUPERVISED CLINICAL TRAINING REQUIRED.] (a) An 2.3 applicant must complete at least 375 hours of supervised 2.4 clinical training as a student that meets the requirements of 2.5 paragraphs (b) to (f). 2.6 (b) The supervised clinical training must be provided by 2.7 the educational institution or by one of its cooperating 2.8 programs. 2.9 (c) The first 25 hours of the supervised clinical training 2.10 must be spent in clinical observation. Those 25 hours must 2.11 concern the evaluation and treatment of children and adults with 2.12 disorders of speech, language, or hearing. 2.13 (d) All applicants must complete at least 350 hours of 2.14 supervised clinical training that concern the evaluation and 2.15 treatment of children and adults with disorders of speech, 2.16 language, and hearing. At least 250 of the 350 hours must be at 2.17 the graduate level in the area in which registration is sought. 2.18 At least 50 hours must be spent in each of three types of 2.19 clinical settings including, but not limited to, university 2.20 clinics, hospitals, private clinics, and schools, including 2.21 secondary and elementary. 2.22 (e) An applicant seeking registration as a speech-language 2.23 pathologist must: 2.24 (1) obtain 250 of the 350 supervised hours in 2.25 speech-language pathology; 2.26 (2) complete a minimum of 20 hours of the 250 hours in each 2.27 of the following eight categories: 2.28 (i) evaluation: speech disorders in children; 2.29 (ii) evaluation: speech disorders in adults; 2.30 (iii) evaluation: language disorders in children; 2.31 (iv) evaluation: language disorders in adults; 2.32 (v) treatment: speech disorders in children; 2.33 (vi) treatment: speech disorders in adults; 2.34 (vii) treatment: language disorders in children; and 2.35 (viii) treatment: language disorders in adults; 2.36 (3) complete a minimum of35 hours in audiology including:3.1(i) 15 hours in the evaluation or screening of individuals3.2with hearing disorders; and3.3(ii) 15 hours in habilitation or rehabilitation of3.4individuals with hearing impairment20 of the 350 hours in 3.5 audiology; and 3.6 (4) obtain no more than 20 hours in the major professional 3.7 area that are in related disorders. 3.8 (f) An applicant seeking registration as an audiologist 3.9 must: 3.10 (1) obtain 250 of the 350 hours in audiology; 3.11 (2) complete a minimum of 40hours in each of the following3.12four categoriesof the 250 hours in each of the first two of the 3.13 following categories, complete at least 80 hours in categories 3.14 (iii) and (iv), with at least ten hours in each of categories 3.15 (i) to (iv), and complete at least 20 hours in category (v): 3.16 (i) evaluation: hearing in children; 3.17 (ii) evaluation: hearing in adults; 3.18 (iii) selection and use: amplification and assistive 3.19 devices for children;and3.20 (iv) selection and use: amplification and assistive 3.21 devices for adults; and 3.22 (v) treatment: hearing disorders in children and adults; 3.23 (3)complete a minimum of 20 hours in the category of the3.24treatment of hearing disorders in children and adults;3.25(4)complete a minimum of35 hours20 of the 350 hours in 3.26 speech-language pathologyunrelated to hearing impairment as3.27follows:3.28(i) 15 hours in evaluation or screening; and3.29(ii) 15 hours in treatment; and 3.30(5)(4) obtain no more than 20 hours in the major 3.31 professional area that are in related disorders. 3.32 Sec. 3. Minnesota Statutes 1998, section 148.517, is 3.33 amended by adding a subdivision to read: 3.34 Subd. 4. [TEMPORARY REGISTRATION.] (a) The commissioner 3.35 shall issue temporary registration as a speech-language 3.36 pathologist, an audiologist, or both, to an applicant who has 4.1 applied for registration under this section and who: 4.2 (1) submits a signed and dated affidavit stating that the 4.3 applicant is not the subject of a disciplinary action or past 4.4 disciplinary action in this or another jurisdiction and is not 4.5 disqualified on the basis of section 148.5195, subdivision 3; 4.6 and 4.7 (2) either: 4.8 (i) provides a copy of a current credential as a 4.9 speech-language pathologist, an audiologist, or both, held in 4.10 the District of Columbia or a state or territory of the United 4.11 States; or 4.12 (ii) provides a copy of a current certificate of clinical 4.13 competence issued by the American Speech-Language-Hearing 4.14 Association or its equivalent. 4.15 (b) A temporary registration issued to a person under this 4.16 subdivision expires 90 days after it is issued or on the date 4.17 the commissioner grants or denies registration, whichever occurs 4.18 first. 4.19 (c) Upon application, a temporary registration shall be 4.20 renewed once to a person who is able to demonstrate good cause 4.21 for failure to meet the requirements for registration within the 4.22 initial temporary registration period and who is not the subject 4.23 of a disciplinary action or disqualified on the basis of section 4.24 148.5195, subdivision 3. 4.25 Sec. 4. Minnesota Statutes 1998, section 148.518, 4.26 subdivision 2, is amended to read: 4.27 Subd. 2. [LAPSE OF MORE THAN THREE YEARS.] For an 4.28 applicant whose registered status has lapsed for more than three 4.29 years, the applicant must: 4.30 (1) apply for registration renewal according to section 4.31 148.5191 and obtain a qualifying score on the examination 4.32 described in section 148.515, subdivision 5, within one year of 4.33 the application date for registration renewal;or4.34 (2) apply for renewal according to section 148.5191, 4.35 provide evidence to the commissioner that the applicant holds a 4.36 current and unrestricted credential for the practice of 5.1 speech-language pathology from the Minnesota board of teaching 5.2 or for the practice of speech-language pathology or audiology in 5.3 another jurisdiction that has requirements equivalent to or 5.4 higher than those in effect for Minnesota and provide evidence 5.5 of compliance with Minnesota board of teaching or that 5.6 jurisdiction's continuing education requirements.; 5.7 (3) apply for renewal according to section 148.5191 and 5.8 submit documentation of having completed a combination of 5.9 speech-language pathology or audiology courses or a 5.10 speech-language pathology or audiology refresher program that 5.11 contains both a theoretical and clinical component preapproved 5.12 or approved by the commissioner. Only courses completed within 5.13 one year preceding the date of the application or one year after 5.14 the date of the application will qualify for approval; or 5.15 (4) apply for renewal according to section 148.5191 and 5.16 submit proof of successful completion and verified documentation 5.17 of 160 hours of supervised practice approved by the 5.18 commissioner. To participate in a supervised practice, the 5.19 applicant shall first apply and obtain temporary registration 5.20 according to section 148.5161. 5.21 Sec. 5. Minnesota Statutes 1998, section 148.5193, 5.22 subdivision 1, is amended to read: 5.23 Subdivision 1. [NUMBER OF CONTACT HOURS REQUIRED.] (a) An 5.24 applicant for registration renewal must meet the requirements 5.25 for continuing education according to paragraphs (b) to (e). 5.26 (b) An applicant for registration renewal as either a 5.27 speech-language pathologist or an audiologist must provide 5.28 evidence to the commissioner of a minimum of 30 contact hours of 5.29 continuing education offered byan approveda continuing 5.30 education sponsor within the two years immediately preceding 5.31 registration renewal. A minimum of 20 contact hours of 5.32 continuing education must be directly related to the 5.33 registrant's area of registration. Ten contact hours of 5.34 continuing education may be in areas generally related to the 5.35 registrant's area of registration. 5.36 (c) An applicant for registration renewal as both a 6.1 speech-language pathologist and an audiologist must attest to 6.2 and document completion of a minimum of 36 contact hours of 6.3 continuing education offered byan approveda continuing 6.4 education sponsor within the two years immediately preceding 6.5 registration renewal. A minimum of 15 contact hours must be 6.6 received in the area of speech-language pathology and a minimum 6.7 of 15 contact hours must be received in the area of audiology. 6.8 Six contact hours of continuing education may be in areas 6.9 generally related to the registrant's areas of registration. 6.10 (d) If the registrant is licensed by the board of teaching: 6.11 (1) activities that are approved in the categories of 6.12 Minnesota Rules, part 8700.1000, subpart 3, items A and B, and 6.13 that relate to speech-language pathology, shall be considered: 6.14 (i) offered byan approveda sponsor of continuing 6.15 education; and 6.16 (ii) directly related to speech-language pathology; 6.17 (2) activities that are approved in the categories of 6.18 Minnesota Rules, part 8700.1000, subpart 3, shall be considered: 6.19 (i) offered byan approveda sponsor of continuing 6.20 education; and 6.21 (ii) generally related to speech-language pathology; and 6.22 (3) one clock hour as defined in Minnesota Rules, part 6.23 8700.1000, subpart 1, is equivalent to 1.2 contact hours of 6.24 continuing education. 6.25 (e) Contact hours cannot be accumulated in advance and 6.26 transferred to a future continuing education period. 6.27 Sec. 6. Minnesota Statutes 1998, section 148.5193, 6.28 subdivision 2, is amended to read: 6.29 Subd. 2. [PREAPPROVEDCONTINUING EDUCATION PROVIDED BY 6.30 SPONSORS.] The commissioner will accept continuing 6.31 educationapproved or sponsored by the Minnesota department of6.32health, the Minnesota Speech-Language-Hearing Association, the6.33American Speech-Language-Hearing Association, the American6.34Academy of Audiology, the Minnesota Academy of Audiology, the6.35Academy of Rehabilitative Audiologists, the Acoustical Society6.36of America, Twin Cities Clinical Speech-Language Pathologists,7.1Minnesota Foundation for Acoustical Education and Research, or7.2universities accredited by the American Speech-Language-Hearing7.3Association.provided by sponsors if the continuing education 7.4 activity meets the following standards: 7.5 (1) constitutes an organized program of learning; 7.6 (2) reasonably expects to advance the knowledge and skills 7.7 of the speech-language pathologist or audiologist; 7.8 (3) pertains to subjects that relate to the practice of 7.9 speech-language pathology or audiology; 7.10 (4) is conducted by individuals who have education, 7.11 training, and experience by reason of which said individuals 7.12 should be considered experts concerning the subject matter of 7.13 the activity; and 7.14 (5) is presented by a sponsor who has a mechanism to verify 7.15 participation and maintains attendance records for four years. 7.16 Sec. 7. Minnesota Statutes 1998, section 148.5193, 7.17 subdivision 4, is amended to read: 7.18 Subd. 4. [EARNING CONTINUING EDUCATION CONTACT HOURS 7.19 THROUGH CONTACT HOUR EQUIVALENTS.] (a) A registrant who teaches 7.20 continuing education courses may obtain contact hour equivalents 7.21 according to paragraphs (b) to (d). 7.22 (b) The sponsor of the course mustbe approved by the7.23commissionermeet the requirements of subdivision 2. 7.24 (c) A registrant may not obtain more than six contact hours 7.25 in any two-year continuing education period by teaching 7.26 continuing education courses. 7.27 (d) A registrant may obtain two contact hours for each hour 7.28 spent teaching a courseif the course is sponsored by an7.29approved continuing education sponsor. Contact hours may be 7.30 claimed only once for teaching the same course in any two-year 7.31 continuing education period. 7.32 Sec. 8. Minnesota Statutes 1998, section 148.5193, 7.33 subdivision 6, is amended to read: 7.34 Subd. 6. [EVIDENCERECORDS OF ATTENDANCE.] (a) A 7.35 registrant must maintain for four years records of attending the 7.36 continuing education contact hours required for registration 8.1 renewal. 8.2 (b) An applicant for registration renewal must submit the 8.3 following information on a form provided by the commissioner: 8.4 the sponsoring organization, the dates of the course, the course 8.5 name, the number of contact hours completed, and the name and 8.6 signature of the registrant. The form must be submitted with 8.7 the renewal application under section 148.5191, subdivision 1. 8.8 Sec. 9. Minnesota Statutes 1998, section 148.5193, is 8.9 amended by adding a subdivision to read: 8.10 Subd. 6a. [VERIFICATION OF ATTENDANCE.] An applicant for 8.11 registration renewal must submit verification of attendance as 8.12 follows: 8.13 (1) a certificate of attendance from the sponsor with the 8.14 continuing education course name, course date, and registrant's 8.15 name; 8.16 (2) a copy of a record of attendance from the sponsor of 8.17 the continuing education course; 8.18 (3) a signature of the presenter or a designee at the 8.19 continuing education activity on the continuing education report 8.20 form; 8.21 (4) a summary or outline of the educational content of an 8.22 audio or video educational activity if a designee is not 8.23 available to sign the continuing education report form; 8.24 (5) for self-study programs, a certificate of completion or 8.25 other documentation indicating that the individual has 8.26 demonstrated knowledge and has successfully completed the 8.27 program; and 8.28 (6) for attendance at a university, college, or vocational 8.29 course, an official transcript. 8.30 Sec. 10. Minnesota Statutes 1998, section 148.5196, 8.31 subdivision 3, is amended to read: 8.32 Subd. 3. [DUTIES.] The advisory council shall: 8.33 (1) advise the commissioner regarding speech-language 8.34 pathologist and audiologist registration standards; 8.35 (2) advise the commissioner on enforcement of sections 8.36 148.511 to 148.5196; 9.1 (3) provide for distribution of information regarding 9.2 speech-language pathologist and audiologist registration 9.3 standards; 9.4 (4) review applications and make recommendations to the 9.5 commissioner on granting or denying registration or registration 9.6 renewal; 9.7 (5) review reports of investigations relating to 9.8 individuals and make recommendations to the commissioner as to 9.9 whether registration should be denied or disciplinary action 9.10 taken against the individual; 9.11 (6) advise the commissioner regarding approval of 9.12 continuing education activities provided by sponsors using the 9.13 criteria in section 148.5193, subdivision32; and 9.14 (7) perform other duties authorized for advisory councils 9.15 under chapter 214, or as directed by the commissioner. 9.16 Sec. 11. Minnesota Statutes 1998, section 148B.60, 9.17 subdivision 3, is amended to read: 9.18 Subd. 3. [UNLICENSED MENTAL HEALTH PRACTITIONER OR 9.19 PRACTITIONER.] "Unlicensed mental health practitioner" or 9.20 "practitioner" means a person who provides or purports to 9.21 provide, for remuneration, mental health services as defined in 9.22 subdivision 4. It does not include persons licensed by the 9.23 board of medical practice under chapter 147 or registered by the 9.24 board of medical practice under chapter 147A; the board of 9.25 nursing under sections 148.171 to 148.285; the board of 9.26 psychology under sections 148.88 to 148.98; the board of social 9.27 work under sections 148B.18 to 148B.289; the board of marriage 9.28 and family therapy under sections 148B.29 to 148B.39; or another 9.29 licensing board if the person is practicing within the scope of 9.30 the license;ormembers of the clergy who are providing pastoral 9.31 services in the context of performing and fulfilling the 9.32 salaried duties and obligations required of a member of the 9.33 clergy by a religious congregation; American Indian medicine men 9.34 and women; licensed attorneys; probation officers; school 9.35 counselors employed by a school district while acting within the 9.36 scope of employment as school counselors; registered 10.1 occupational therapists; or occupational therapy assistants. 10.2 For the purposes of complaint investigation or disciplinary 10.3 action relating to an individual practitioner, the term includes: 10.4 (1) persons employed by a program licensed by the 10.5 commissioner of human services who are acting as mental health 10.6 practitioners within the scope of their employment; 10.7 (2) persons employed by a program licensed by the 10.8 commissioner of human services who are providing chemical 10.9 dependency counseling services; persons who are providing 10.10 chemical dependency counseling services in private practice; and 10.11 (3) clergy who are providing mental health services that 10.12 are equivalent to those defined in subdivision 4. 10.13 Sec. 12. Minnesota Statutes 1998, section 148B.68, 10.14 subdivision 1, is amended to read: 10.15 Subdivision 1. [PROHIBITED CONDUCT.] The commissioner may 10.16 impose disciplinary action as described in section 148B.69 10.17 against any unlicensed mental health practitioner. The 10.18 following conduct is prohibited and is grounds for disciplinary 10.19 action: 10.20 (a) Conviction of a crime, including a finding or verdict 10.21 of guilt, an admission of guilt, or a no contest plea, in any 10.22 court in Minnesota or any other jurisdiction in the United 10.23 States, reasonably related to the provision of mental health 10.24 services. Conviction, as used in this subdivision, includes a 10.25 conviction of an offense which, if committed in this state, 10.26 would be deemed a felony or gross misdemeanor without regard to 10.27 its designation elsewhere, or a criminal proceeding where a 10.28 finding or verdict of guilty is made or returned but the 10.29 adjudication of guilt is either withheld or not entered. 10.30 (b) Conviction of crimes against persons. For purposes of 10.31 this chapter, a crime against a person means violations of the 10.32 following: sections 609.185; 609.19; 609.195; 609.20; 609.205; 10.33 609.21; 609.215; 609.221; 609.222; 609.223; 609.224; 609.2242; 10.34 609.23; 609.231; 609.2325; 609.233; 609.2335; 609.235; 609.24; 10.35 609.245; 609.25; 609.255; 609.26, subdivision 1, clause (1) or 10.36 (2); 609.265; 609.342; 609.343; 609.344; 609.345; 609.365; 11.1 609.498, subdivision 1; 609.50, clause (1); 609.561; 609.562; 11.2 609.595; and 609.72, subdivision 3. 11.3 (c) Failure to comply with the self-reporting requirements 11.4 of section 148B.63, subdivision 7. 11.5 (d) Engaging in sexual contact with a client or former 11.6 client as defined in section 148A.01, or engaging in contact 11.7 that may be reasonably interpreted by a client as sexual, or 11.8 engaging in any verbal behavior that is seductive or sexually 11.9 demeaning to the patient, or engaging in sexual exploitation of 11.10 a client or former client. 11.11 (e) Advertising that is false, fraudulent, deceptive, or 11.12 misleading. 11.13 (f) Conduct likely to deceive, defraud, or harm the public; 11.14 or demonstrating a willful or careless disregard for the health, 11.15 welfare, or safety of a client; or any other practice that may 11.16 create unnecessary danger to any client's life, health, or 11.17 safety, in any of which cases, proof of actual injury need not 11.18 be established. 11.19 (g) Adjudication as mentally incompetent, or as a person 11.20 who is dangerous to self, or adjudication pursuant to chapter 11.21 253B, as chemically dependent, mentally ill, mentally retarded, 11.22 mentally ill and dangerous to the public, or as a sexual 11.23 psychopathic personality or sexually dangerous person. 11.24 (h) Inability to provide mental health services with 11.25 reasonable safety to clients. 11.26 (i) The habitual overindulgence in the use of or the 11.27 dependence on intoxicating liquors. 11.28 (j) Improper or unauthorized personal or other use of any 11.29 legend drugs as defined in chapter 151, any chemicals as defined 11.30 in chapter 151, or any controlled substance as defined in 11.31 chapter 152. 11.32 (k) Revealing a communication from, or relating to, a 11.33 client except when otherwise required or permitted by law. 11.34 (l) Failure to comply with a client's request made under 11.35 section 144.335, or to furnish a client record or report 11.36 required by law. 12.1 (m) Splitting fees or promising to pay a portion of a fee 12.2 to any other professional other than for services rendered by 12.3 the other professional to the client. 12.4 (n) Engaging in abusive or fraudulent billing practices, 12.5 including violations of the federal Medicare and Medicaid laws 12.6 or state medical assistance laws. 12.7 (o) Failure to make reports as required by section 148B.63, 12.8 or cooperate with an investigation of the office. 12.9 (p) Obtaining money, property, or services from a client, 12.10 other than reasonable fees for services provided to the client, 12.11 through the use of undue influence, harassment, duress, 12.12 deception, or fraud. 12.13 (q) Undertaking or continuing a professional relationship 12.14 with a client in which the objectivity of the professional would 12.15 be impaired. 12.16 (r) Failure to provide the client with a copy of the client 12.17 bill of rights or violation of any provision of the client bill 12.18 of rights. 12.19 (s) Violating any order issued by the commissioner. 12.20 (t) Failure to comply with sections 148B.60 to 148B.71, and 12.21 the rules adopted under those sections. 12.22 (u) Failure to comply with any additional disciplinary 12.23 grounds established by the commissioner by rule. 12.24 (v) Revocation, suspension, restriction, limitation, or 12.25 other disciplinary action against the mental health 12.26 practitioner's license, certificate, registration, or right of 12.27 practice in this or another state or jurisdiction, for offenses 12.28 that would be subject to disciplinary action in this state, or 12.29 failure to report to the office of mental health practice that 12.30 charges regarding the practitioner's license, certificate, 12.31 registration, or right of practice have been brought in this or 12.32 another state or jurisdiction. 12.33 (w) Bartering for services with a client. 12.34 Sec. 13. Minnesota Statutes 1998, section 148B.69, is 12.35 amended by adding a subdivision to read: 12.36 Subd. 7. [RELEASE TO OBTAIN NONPUBLIC DATA.] An unlicensed 13.1 mental health practitioner who is the subject of an 13.2 investigation must sign a release authorizing the commissioner 13.3 to obtain criminal conviction data, reports about abuse or 13.4 neglect of clients, and other information pertaining to 13.5 investigations of violations of statutes or rules from the 13.6 bureau of criminal apprehension, the Federal Bureau of 13.7 Investigation, the department of human services, the office of 13.8 health facilities complaints, private certification 13.9 organizations, county social service agencies, the division of 13.10 driver and vehicle services in the department of public safety, 13.11 adult protection services, child protection services, and other 13.12 agencies that regulate provision of health care services. After 13.13 the commissioner gives written notice to an individual who is 13.14 the subject of an investigation, the agencies shall assist the 13.15 commissioner with the investigation by giving the commissioner 13.16 the requested data. 13.17 Sec. 14. Minnesota Statutes 1998, section 148B.71, 13.18 subdivision 1, is amended to read: 13.19 Subdivision 1. [SCOPE.] All unlicensed mental health 13.20 practitioners, other than those providing services in a facility 13.21regulated under section 144.651 or a government agencyor 13.22 program licensed by the commissioner of health or the 13.23 commissioner of human services, shall provide to each client 13.24 prior to providing treatment a written copy of the mental health 13.25 client bill of rights. A copy must also be posted in a 13.26 prominent location in the office of the mental health 13.27 practitioner. Reasonable accommodations shall be made for those 13.28 clients who cannot read or who have communication impairments 13.29 and those who do not read or speak English. The mental health 13.30 client bill of rights shall include the following: 13.31 (a) the name, title, business address, and telephone number 13.32 of the practitioner; 13.33 (b) the degrees, training, experience, or other 13.34 qualifications of the practitioner, followed by the following 13.35 statement in bold print: 13.36 "THE STATE OF MINNESOTA HAS NOT ADOPTED UNIFORM EDUCATIONAL 14.1 AND TRAINING STANDARDS FOR ALL MENTAL HEALTH PRACTITIONERS. 14.2 THIS STATEMENT OF CREDENTIALS IS FOR INFORMATION PURPOSES ONLY." 14.3 (c) the name, business address, and telephone number of the 14.4 practitioner's supervisor, if any; 14.5 (d) notice that a client has the right to file a complaint 14.6 with the practitioner's supervisor, if any, and the procedure 14.7 for filing complaints; 14.8 (e) the name, address, and telephone number of the office 14.9 of mental health practice and notice that a client may file 14.10 complaints with the office; 14.11 (f) the practitioner's fees per unit of service, the 14.12 practitioner's method of billing for such fees, the names of any 14.13 insurance companies that have agreed to reimburse the 14.14 practitioner, or health maintenance organizations with whom the 14.15 practitioner contracts to provide service, whether the 14.16 practitioner accepts Medicare, medical assistance, or general 14.17 assistance medical care, and whether the practitioner is willing 14.18 to accept partial payment, or to waive payment, and in what 14.19 circumstances; 14.20 (g) a statement that the client has a right to reasonable 14.21 notice of changes in services or charges; 14.22 (h) a brief summary, in plain language, of the theoretical 14.23 approach used by the practitioner in treating patients; 14.24 (i) notice that the client has a right to complete and 14.25 current information concerning the practitioner's assessment and 14.26 recommended course of treatment, including the expected duration 14.27 of treatment; 14.28 (j) a statement that clients may expect courteous treatment 14.29 and to be free from verbal, physical, or sexual abuse by the 14.30 practitioner; 14.31 (k) a statement that client records and transactions with 14.32 the practitioner are confidential, unless release of these 14.33 records is authorized in writing by the client, or otherwise 14.34 provided by law; 14.35 (l) a statement of the client's right to be allowed access 14.36 to records and written information from records in accordance 15.1 with section 144.335; 15.2 (m) a statement that other services may be available in the 15.3 community, including where information concerning services is 15.4 available; 15.5 (n) a statement that the client has the right to choose 15.6 freely among available practitioners, and to change 15.7 practitioners after services have begun, within the limits of 15.8 health insurance, medical assistance, or other health programs; 15.9 (o) a statement that the client has a right to coordinated 15.10 transfer when there will be a change in the provider of 15.11 services; 15.12 (p) a statement that the client may refuse services or 15.13 treatment, unless otherwise provided by law; and 15.14 (q) a statement that the client may assert the client's 15.15 rights without retaliation. 15.16 Sec. 15. Minnesota Statutes 1998, section 148C.01, 15.17 subdivision 2, is amended to read: 15.18 Subd. 2. [ALCOHOL AND DRUG COUNSELOR.] "Alcohol and drug 15.19 counselor" or "counselor" means a person who: 15.20 (1) uses, as a representation to the public, any title, 15.21 initials, or description of services incorporating the words 15.22 "alcohol and drug counselor"; 15.23 (2) offers to render professional alcohol and drug 15.24 counseling services relative to the abuse of or the dependency 15.25 on alcohol or other drugs to the general public or groups, 15.26 organizations, corporations, institutions, or government 15.27 agencies for compensation, implying that the person is licensed 15.28 and trained, experienced or expert in alcohol and drug 15.29 counseling; 15.30 (3) holds a valid license issued under sections 148C.01 to 15.31 148C.11 to engage in the practice of alcohol and drug 15.32 counseling; or 15.33 (4) is an applicant for an alcohol and drug counseling 15.34 license. 15.35 Sec. 16. Minnesota Statutes 1998, section 148C.01, 15.36 subdivision 7, is amended to read: 16.1 Subd. 7. [ACCREDITED SCHOOL OR EDUCATIONAL PROGRAM.] 16.2 "Accredited school or educational program" means a school of 16.3 alcohol and drug counseling, university, college, or other 16.4 post-secondary education programthat offers no less than the16.5required number of education and practicum hours as described in16.6section 148C.04, subdivision 3, and the core functions as16.7defined in subdivision 9, andthat, at the time the student 16.8 completes the program, is accredited by a regional accrediting 16.9 association whose standards are substantially equivalent to 16.10 those of the North Central Association of Colleges and 16.11 Post-Secondary Education Institutions or an accrediting 16.12 association that evaluates schools of alcohol and drug 16.13 counseling for inclusion of the education, practicum, and core 16.14 function standards in this chapter. 16.15 Sec. 17. Minnesota Statutes 1998, section 148C.01, 16.16 subdivision 9, is amended to read: 16.17 Subd. 9. [CORE FUNCTIONS.] "Core functions" means the 16.18 following services provided in alcohol and drugdependency16.19 treatment: 16.20 (1) "Screening" means the process by which a client is 16.21 determined appropriate and eligible for admission to a 16.22 particular program. 16.23 (2) "Intake" means the administrative and initial 16.24 assessment procedures for admission to a program. 16.25 (3) "Orientation" means describing to the client the 16.26 general nature and goals of the program; rules governing client 16.27 conduct and infractions that can lead to disciplinary action or 16.28 discharge from the program; in a nonresidential program, the 16.29 hours during which services are available; treatment costs to be 16.30 borne by the client, if any; and client's rights. 16.31 (4) "Assessment" means those procedures by which a 16.32 counselor identifies and evaluates an individual's strengths, 16.33 weaknesses, problems, and needsfor the development of theto 16.34 develop a treatment plan or make recommendations for level of 16.35 care placement. 16.36 (5) "Treatment planning" means the process by which the 17.1 counselor and the client identify and rank problems needing 17.2 resolution; establish agreed upon immediate and long-term goals; 17.3 and decide on a treatment process and the sources to be utilized. 17.4 (6) "Counseling" means the utilization of special skills to 17.5 assist individuals, families, or groups in achieving objectives 17.6 through exploration of a problem and its ramifications; 17.7 examination of attitudes and feelings; consideration of 17.8 alternative solutions; and decision making. 17.9 (7) "Case management" means activities which bring 17.10 services, agencies, resources, or people together within a 17.11 planned framework of action toward the achievement of 17.12 established goals. 17.13 (8) "Crisis intervention" means those services which 17.14 respond to an alcohol or other drug user's needs during acute 17.15 emotional or physical distress. 17.16 (9) "Client education" means the provision of information 17.17 to clients who are receiving or seeking counseling concerning 17.18 alcohol and other drug abuse and the available services and 17.19 resources. 17.20 (10) "Referral" means identifying the needs of the client 17.21 which cannot be met by the counselor or agency and assisting the 17.22 client to utilize the support systems and available community 17.23 resources. 17.24 (11) "Reports and recordkeeping" means charting the results 17.25 of the assessment and treatment plan, writing reports, progress 17.26 notes, discharge summaries, and other client-related data. 17.27 (12) "Consultation with other professionals regarding 17.28 client treatment and services" means communicating with other 17.29 professionals in regard to client treatment and services to 17.30 assure comprehensive, quality care for the client. 17.31 Sec. 18. Minnesota Statutes 1998, section 148C.01, 17.32 subdivision 10, is amended to read: 17.33 Subd. 10. [PRACTICE OF ALCOHOL AND DRUG COUNSELING.] 17.34 "Practice of alcohol and drug counseling" means the observation, 17.35 description, evaluation, interpretation, and modification of 17.36 human behavior as it relates to the harmful or pathological use 18.1 or abuse of alcohol or other drugs by the application of the 18.2 core functions. The practice of alcohol and drug counseling 18.3 includes, but is not limited to, the following activities, 18.4 regardless of whether the counselor receives compensation for 18.5 the activities: 18.6 (1) assisting clients who use alcohol or drugs, evaluating 18.7 that use, and recognizing dependency if it exists; 18.8 (2) assisting clients with alcohol or other drug problems 18.9 to gain insight and motivation aimed at resolving those 18.10 problems; 18.11 (3) providing experienced professional guidance, 18.12 assistance, and support for the client's efforts to develop and 18.13 maintain a responsible functional lifestyle; 18.14 (4) recognizing problems outside the scope of the 18.15 counselor's training, skill, or competence and referring the 18.16 client to other appropriate professional services; 18.17 (5) assessing the level of alcohol or other drug use 18.18 involvement; 18.19 (6) individual planning to prevent a return to harmful 18.20 alcohol or chemical use; 18.21 (7) alcohol and other drug abuse education for clients; 18.22 (8) consultation with other professionals;and18.23 (9) gaining cultural competence through ongoing training 18.24 and education according to standards established by rule; and 18.25 (10) providing the above services, as needed, to family 18.26 members or others who are directly affected by someone using 18.27 alcohol or other drugs. 18.28 Sec. 19. Minnesota Statutes 1998, section 148C.01, is 18.29 amended by adding a subdivision to read: 18.30 Subd. 18. [PSYCHOMETRICALLY VALID AND 18.31 RELIABLE.] "Psychometrically valid and reliable" means developed 18.32 on the basis of role delineation, validation, reliability, 18.33 passing point, and sensitivity review factors, according to 18.34 generally accepted standards. 18.35 Sec. 20. Minnesota Statutes 1998, section 148C.03, 18.36 subdivision 1, is amended to read: 19.1 Subdivision 1. [GENERAL.] The commissioner shall, after 19.2 consultation with the advisory council or a committee 19.3 established by rule: 19.4 (a) adopt and enforce rules for licensure of alcohol and 19.5 drug counselors, including establishing standards and methods of 19.6 determining whether applicants and licensees are qualified under 19.7 section 148C.04. The rules must provide for examinations and 19.8 establish standards for the regulation of professional conduct. 19.9 The rules must be designed to protect the public; 19.10 (b) develop and, at least twice a year, administer an 19.11 examination to assess applicants' knowledge and skills. The 19.12 commissioner may contract for the administration of an 19.13 examinationapproved by the International Certification19.14Reciprocity Consortium/Alcohol and Other Drug Abuse19.15(ICRC/AODA)with an entity designated by the commissioner. The 19.16 examinations must be psychometrically valid and reliable; must 19.17 be written and oral, with the oral examination based on a 19.18 written case presentation; must minimize cultural bias,; and 19.19 must be balanced in various theories relative to the practice of 19.20 alcohol and drug counseling; 19.21 (c) issue licenses to individuals qualified under sections 19.22 148C.01 to 148C.11; 19.23 (d) issue copies of the rules for licensure to all 19.24 applicants; 19.25 (e) adopt rules to establish and implement procedures, 19.26 including a standard disciplinary process and rules of 19.27 professional conduct; 19.28 (f) carry out disciplinary actions against licensees; 19.29 (g) establish, with the advice and recommendations of the 19.30 advisory council, written internal operating procedures for 19.31 receiving and investigating complaints and for taking 19.32 disciplinary actions as appropriate; 19.33 (h) educate the public about the existence and content of 19.34 the rules for alcohol and drug counselor licensing to enable 19.35 consumers to file complaints against licensees who may have 19.36 violated the rules; 20.1 (i) evaluate the rules in order to refine and improve the 20.2 methods used to enforce the commissioner's standards; 20.3 (j) set, collect, and adjust license fees for alcohol and 20.4 drug counselors so that the total fees collected will as closely 20.5 as possible equal anticipated expenditures during the biennium, 20.6 as provided in section 16A.1285; fees for initial and renewal 20.7 application and examinations; late fees for counselors who 20.8 submit license renewal applications after the renewal deadline; 20.9 and a surcharge fee. The surcharge fee must include an amount 20.10 necessary to recover, over a five-year period, the 20.11 commissioner's direct expenditures for the adoption of the rules 20.12 providing for the licensure of alcohol and drug counselors. All 20.13 fees received shall be deposited in the state treasury and 20.14 credited to the special revenue fund; and 20.15 (k) prepare reports on activities related to the licensure 20.16 of alcohol and drug counselors according to this subdivision by 20.17 October 1 of each even-numbered year. Copies of the reports 20.18 shall be delivered to the legislature in accordance with section 20.19 3.195 and to the governor. The reports shall contain the 20.20 following information on the commissioner's activities relating 20.21 to the licensure of alcohol and drug counselors, for the 20.22 two-year period ending the previous June 30: 20.23 (1) a general statement of the activities; 20.24 (2) the number of staff hours spent on the activities; 20.25 (3) the receipts and disbursements of funds; 20.26 (4) the names of advisory council members and their 20.27 addresses, occupations, and dates of appointment and 20.28 reappointment; 20.29 (5) the names and job classifications of employees; 20.30 (6) a brief summary of rules proposed or adopted during the 20.31 reporting period with appropriate citations to the State 20.32 Register and published rules; 20.33 (7) the number of persons having each type of license 20.34 issued by the commissioner as of June 30 in the year of the 20.35 report; 20.36 (8) the locations and dates of the administration of 21.1 examinations by the commissioner; 21.2 (9) the number of persons examined by the commissioner with 21.3 the persons subdivided into groups showing age categories, sex, 21.4 and states of residency; 21.5 (10) the number of persons licensed by the commissioner 21.6 after taking the examinations referred to in clause (8) with the 21.7 persons subdivided by age categories, sex, and states of 21.8 residency; 21.9 (11) the number of persons not licensed by the commissioner 21.10 after taking the examinations referred to in clause (8) with the 21.11 persons subdivided by age categories, sex, and states of 21.12 residency; 21.13 (12) the number of persons not taking the examinations 21.14 referred to in clause (8) who were licensed by the commissioner 21.15 or who were denied licensing, the reasons for the licensing or 21.16 denial, and the persons subdivided by age categories, sex, and 21.17 states of residency; 21.18 (13) the number of persons previously licensed by the 21.19 commissioner whose licenses were revoked, suspended, or 21.20 otherwise altered in status with brief statements of the reasons 21.21 for the revocation, suspension, or alteration; 21.22 (14) the number of written and oral complaints and other 21.23 communications received by the commissioner which allege or 21.24 imply a violation of a statute or rule which the commissioner is 21.25 empowered to enforce; 21.26 (15) a summary, by specific category, of the substance of 21.27 the complaints and communications referred to in clause (14) 21.28 and, for each specific category, the responses or dispositions; 21.29 and 21.30 (16) any other objective information which the commissioner 21.31 believes will be useful in reviewing the commissioner's 21.32 activities. 21.33 Sec. 21. Minnesota Statutes 1998, section 148C.04, is 21.34 amended by adding a subdivision to read: 21.35 Subd. 6. [TEMPORARY PRACTICE REQUIREMENTS.] (a) A person 21.36 may temporarily practice alcohol and drug counseling prior to 22.1 being licensed under this chapter if the person: 22.2 (1) either: 22.3 (i) meets the associate degree education and practicum 22.4 requirements of subdivision 3, clause (1); or 22.5 (ii) meets the bachelor's degree education and practicum 22.6 requirements of subdivision 4, clause (1), item (i); 22.7 (2) within 60 days of meeting the requirements of 22.8 subdivision 3, clause (1), or subdivision 4, clause (1), item 22.9 (i), requests, in writing, temporary practice status with the 22.10 commissioner on an application form according to section 22.11 148C.0351, which includes the nonrefundable license fee and an 22.12 affirmation by the person's supervisor, as defined in paragraph 22.13 (b), clause (1), and which is signed and dated by the person and 22.14 the person's supervisor; 22.15 (3) has not been disqualified to practice temporarily on 22.16 the basis of a background investigation under section 148C.09, 22.17 subdivision 1a; and 22.18 (4) has been notified in writing by the commissioner that 22.19 the person is qualified to practice under this subdivision. 22.20 (b) A person practicing under this subdivision: 22.21 (1) may practice only in a program licensed by the 22.22 department of human services and under the direct, on-site 22.23 supervision of a person who is licensed under this chapter and 22.24 employed in that licensed program; 22.25 (2) is subject to the rules of professional conduct set by 22.26 rule; 22.27 (3) is not subject to the continuing education requirements 22.28 of section 148C.05; and 22.29 (4) must be licensed according to this chapter within 12 22.30 months of meeting the requirements of subdivision 3, clause (1), 22.31 or subdivision 4, clause (1), item (i). 22.32 (c) Upon written request, the commissioner may extend a 22.33 person's temporary status if the person practices in a program 22.34 described in section 148C.11, subdivision 3, paragraph (b), 22.35 clause (2). 22.36 (d) A person practicing under this subdivision may not hold 23.1 himself or herself out to the public by any title or description 23.2 stating or implying that the person is licensed to engage in the 23.3 practice of alcohol and drug counseling. 23.4 Sec. 22. Minnesota Statutes 1998, section 148C.04, is 23.5 amended by adding a subdivision to read: 23.6 Subd. 7. [EFFECT AND SUSPENSION OF TEMPORARY 23.7 PRACTICE.] Approval of a person's application for temporary 23.8 practice creates no rights to or expectation of approval from 23.9 the commissioner for licensure as an alcohol and drug 23.10 counselor. The commissioner may suspend or restrict a person's 23.11 temporary practice status according to section 148C.09. 23.12 Sec. 23. Minnesota Statutes 1998, section 148C.06, 23.13 subdivision 1, is amended to read: 23.14 Subdivision 1. [QUALIFICATIONS.] For two years from the 23.15 effective date of the rules authorized in section 148C.03, 23.16 subdivision 1, the commissioner shall issue a license to an 23.17 applicant if the applicant meets one of the following 23.18 qualifications: 23.19 (a) is credentialed as a certified chemical dependency 23.20 counselor (CCDC) or certified chemical dependency counselor 23.21 reciprocal (CCDCR) by the Institute for Chemical Dependency 23.22 Professionals of Minnesota, Inc.; graduates from an accredited 23.23 school or education program with a certificate of completion in 23.24 alcohol and drug counselor studies that includes a minimum of 23.25 270 clock hours of formal classroom education and 880 clock 23.26 hours of alcohol and drug counselor internship and passes both 23.27 the written and oral examinations according to this chapter; or 23.28 has 2,080 hours of supervised alcohol and drug counselor 23.29 experience, 270 clock hours of alcohol and drug counselor 23.30 training with a minimum of 60 hours of the training occurring 23.31 within the past five years, and 300 hours of alcohol and drug 23.32 counselor internship and successfully completes the examination 23.33 requirements in section 148C.04, subdivision 3, clauses (2) and 23.34 (3); 23.35 (b) has 6,000 hours of supervised alcohol and drug 23.36 counselor experience as defined by the core functions, 270 clock 24.1 hours of alcohol and drug counselor training with a minimum of 24.2 60 hours of this training occurring within the past five years, 24.3 300 hours of alcohol and drug counselor internship, and has 24.4 successfully completed the examination requirements in section 24.5 148C.04, subdivision 3, clauses (2) and (3); 24.6 (c) has 10,000 hours of supervised alcohol and drug 24.7 counselor experience as defined by the core functions, 270 clock 24.8 hours of alcohol and drug training with a minimum of 60 hours of 24.9 this training occurring within the past five years, and has 24.10 successfully completed the requirements in section 148C.04, 24.11 subdivision 3, clause (2) or (3), or is credentialed as a 24.12 certified chemical dependency practitioner (CCDP) by the 24.13 Institute for Chemical Dependency Professionals of Minnesota, 24.14 Inc.; or 24.15 (d) has 14,000 hours of supervised alcohol and drug 24.16 counselor experience as defined by the core functions and 270 24.17 clock hours of alcohol and drug training with a minimum of 60 24.18 hours of this training occurring within the past five years; or24.19(e) has met the special licensing criteria established24.20pursuant to section 148C.11. 24.21 Sec. 24. Minnesota Statutes 1998, section 148C.06, 24.22 subdivision 2, is amended to read: 24.23 Subd. 2. [DOCUMENTATION OF STATUS; CERTAIN APPLICANTS.] 24.24 (a) A licensureapplicationsapplicant under subdivision 1, 24.25 paragraphs (a) and (c), may document certified status by 24.26 submitting to the commissioner an original and current 24.27 certificate issued by an international certification and 24.28 reciprocity consortium board in this or another jurisdiction. 24.29 (b) A licensure applicant under subdivision 1, paragraphs 24.30 (b) and (c), must be deemed eligible for licensure within the 24.31 transition period, provided the applicant: 24.32 (1) made the application to the administrator of the exam 24.33 or exams required by the commissioner before January 28, 2000; 24.34 (2) passed the required examinations before January 28, 24.35 2001; and 24.36 (3) meets all other requirements for licensure under this 25.1 section. 25.2 Sec. 25. Minnesota Statutes 1998, section 148C.09, 25.3 subdivision 1, is amended to read: 25.4 Subdivision 1. [GROUNDS.] The commissioner may refuse to 25.5 grant a license to, or may suspend, revoke, or restrict the 25.6 license of an individual if the commissioner determines that a 25.7 licensee or applicant: 25.8 (1) is incompetent to engage in alcohol and drug counseling 25.9 practice or is found to be engaged in alcohol and drug 25.10 counseling practice in a manner harmful or dangerous to a client 25.11 or the public; 25.12 (2) has violated the rules of the commissioner or the 25.13 statutes the commissioner is empowered to enforce; or any law, 25.14 rule order, stipulation and consent order, agreement, or 25.15 settlement; 25.16 (3) has obtained or attempted to obtain a license or 25.17 license renewal by bribery or fraudulent misrepresentation; 25.18 (4) has knowingly made a false statement on the form 25.19 required to be submitted to the commissioner for licensing or 25.20 license renewal; 25.21 (5) has failed to obtain continuing education credits 25.22 required by the commissioner; 25.23 (6) has failed to demonstrate the qualifications or satisfy 25.24 the requirements for a license contained in this chapter or 25.25 rules of the commissioner. The burden of proof shall be upon 25.26 the applicant to demonstrate qualifications or satisfaction of 25.27 requirements; 25.28 (7) has been convicted of a crime, including a finding or 25.29 verdict of guilt, an admission of guilt, or a no contest plea, 25.30 in any court in Minnesota or any other jurisdiction in the 25.31 United States, reasonably related to the provision of alcohol 25.32 and drug counseling services. Conviction, as used in this 25.33 subdivision, includes conviction of an offense which, if 25.34 committed in this state, would be deemed a felony or gross 25.35 misdemeanor without regard to its designation elsewhere, or a 25.36 criminal proceeding where a finding or verdict of guilty is made 26.1 or returned but the adjudication of guilt is either withheld or 26.2 not entered; 26.3 (8) has been convicted of a crime against another person. 26.4 For purposes of this chapter, a crime against another person 26.5 means an offense listed in section 148B.68, subdivision 1, 26.6 paragraph (b); 26.7 (9) has failed to comply with the self-reporting 26.8 requirements of section 148C.095, subdivision 7; 26.9 (10) has engaged in sexual contact with a client, or a 26.10 former client, as defined in section 148A.01, or has engaged in 26.11 conduct that may be reasonably interpreted by a client as 26.12 sexual, or has engaged in any verbal behavior that is seductive 26.13 or sexually demeaning to the client, or has engaged in sexual 26.14 exploitation of a client or former client; 26.15 (11) has engaged in false, fraudulent, deceptive, or 26.16 misleading advertising; 26.17 (12) has engaged in conduct likely to deceive, defraud, or 26.18 harm the public; or has demonstrated a willful or careless 26.19 disregard for the health, welfare, or safety of a client; or any 26.20 other practice that may create unnecessary danger to any 26.21 client's life, health, or safety, in any of which cases, proof 26.22 of actual injury need not be established; 26.23 (13) has been adjudicated as mentally incompetent, or as a 26.24 person who has a psychopathic personality, or who is dangerous 26.25 to self, or has been adjudicated as chemically dependent, 26.26 mentally ill, mentally retarded, or mentally ill and dangerous 26.27 to the public pursuant to chapter 253B; 26.28 (14) is unable to provide alcohol and drug counseling 26.29 services with reasonable safety to clients; 26.30 (15)ishas habituallyoverindulgentoverindulged in the 26.31 use of or the dependence on alcohol within the past two years; 26.32 (16) has engaged in the improper or unauthorized personal 26.33 or other use of any legend drugs as defined in section 151.01, 26.34 any chemicals as defined in section 151.01, or any controlled 26.35 substance as defined in section 152.01 within the past two 26.36 years; 27.1 (17) reveals a communication from, or relating to, a client 27.2 except when required or permitted by law; 27.3 (18) fails to comply with a client's request for health 27.4 records made under section 144.335, or to furnish a client 27.5 record or report required by law; 27.6 (19) has engaged in fee splitting or promises to pay a 27.7 portion of a fee to any other professional other than for 27.8 services rendered by the other professional to the client; 27.9 (20) has engaged in abusive or fraudulent billing 27.10 practices, including violations of the federal Medicare and 27.11 Medicaid laws or state medical assistance laws; 27.12 (21) fails to make reports as required by section 148C.095, 27.13 or cooperate with an investigation of the commissioner; 27.14 (22) obtains money, property, or services from a client, 27.15 other than reasonable fees for services provided to the client, 27.16 through the use of undue influence, harassment, duress, 27.17 deception, or fraud; 27.18 (23) undertakes or continues a professional relationship 27.19 with a client in which the objectivity of the alcohol and drug 27.20 counselor may be impaired; 27.21 (24) engages in conduct that constitutes grounds for 27.22 discipline as established by the commissioner in rule; or 27.23 (25) engages in bartering for services with a client. 27.24 Sec. 26. Minnesota Statutes 1998, section 148C.09, 27.25 subdivision 1a, is amended to read: 27.26 Subd. 1a. [BACKGROUND INVESTIGATION.] The applicant must 27.27 sign a release authorizing the commissioner to obtain 27.28 information from the bureau of criminal apprehension, the 27.29 Federal Bureau of Investigation, the office of mental health 27.30 practice, the department of human services, the office of health 27.31 facilities complaints, and other agencies specified in the 27.32 rules. After the commissioner has given written notice to an 27.33 individual who is the subject of a background investigation, the 27.34 agencies shall assist the commissioner with the investigation by 27.35 giving the commissioner criminal conviction data, reports about 27.36abuse or neglect of clientssubstantiated maltreatment of minors 28.1 and vulnerable adults, and other information specified in the 28.2 rules. The commissioner may contract with the commissioner of 28.3 human services to obtain criminal history data from the bureau 28.4 of criminal apprehension. 28.5 Sec. 27. Minnesota Statutes 1998, section 148C.11, 28.6 subdivision 1, is amended to read: 28.7 Subdivision 1. [OTHER PROFESSIONALS.] Nothing in sections 28.8 148C.01 to 148C.10 shall prevent members of other professions or 28.9 occupations from performing functions for which they are 28.10 qualified or licensed. This exception includes, but is not 28.11 limited to, licensed physicians, registered nurses, licensed 28.12 practical nurses, licensed psychological practitioners, members 28.13 of the clergy, American Indian medicine men and women, licensed 28.14 attorneys, probation officers, licensed marriage and family 28.15 therapists, licensed social workers, licensed professional 28.16 counselors, school counselors employed by a school district 28.17 while acting within the scope of employment as school 28.18 counselors, and registered occupational therapists or 28.19 occupational therapy assistants. These persons must not, 28.20 however, use a title incorporating the words "alcohol and drug 28.21 counselor" or "licensed alcohol and drug counselor" or otherwise 28.22 hold themselves out to the public by any title or description 28.23 stating or implying that they are engaged in the practice of 28.24 alcohol and drug counseling, or that they are licensed to engage 28.25 in the practice of alcohol and drug counseling. Persons engaged 28.26 in the practice of alcohol and drug counseling are not exempt 28.27 from the commissioner's jurisdiction solely by the use of one of 28.28 the above titles. 28.29 Sec. 28. Minnesota Statutes 1998, section 153A.13, 28.30 subdivision 9, is amended to read: 28.31 Subd. 9. [SUPERVISION.] "Supervision" meanson-site28.32observing andmonitoring activities of, and accepting 28.33 responsibility for, the hearing instrument dispensing activities 28.34 of a trainee. 28.35 Sec. 29. Minnesota Statutes 1998, section 153A.13, is 28.36 amended by adding a subdivision to read: 29.1 Subd. 10. [DIRECT SUPERVISION OR DIRECTLY 29.2 SUPERVISED.] "Direct supervision" or "directly supervised" means 29.3 the on-site and contemporaneous location of a supervisor and 29.4 trainee, when the supervisor observes the trainee engaging in 29.5 hearing instrument dispensing with a consumer. 29.6 Sec. 30. Minnesota Statutes 1998, section 153A.13, is 29.7 amended by adding a subdivision to read: 29.8 Subd. 11. [INDIRECT SUPERVISION OR INDIRECTLY 29.9 SUPERVISED.] "Indirect supervision" or "indirectly supervised" 29.10 means the remote and independent performance of hearing 29.11 instrument dispensing by a trainee when authorized under section 29.12 153A.14, subdivision 4a, paragraph (b). 29.13 Sec. 31. Minnesota Statutes 1998, section 153A.14, 29.14 subdivision 1, is amended to read: 29.15 Subdivision 1. [APPLICATION FOR CERTIFICATE.] An applicant 29.16 must: 29.17 (1) be1821 years of age or older; 29.18 (2) apply to the commissioner for a certificate to dispense 29.19 hearing instruments on application forms provided by the 29.20 commissioner; 29.21 (3) at a minimum, provide the applicant's name, social 29.22 security number, business address and phone number, employer, 29.23 and information about the applicant's education, training, and 29.24 experience in testing human hearing and fitting hearing 29.25 instruments; 29.26 (4) include with the application a statement that the 29.27 statements in the application are true and correct to the best 29.28 of the applicant's knowledge and belief; 29.29 (5) include with the application a written and signed 29.30 authorization that authorizes the commissioner to make inquiries 29.31 to appropriate regulatory agencies in this or any other state 29.32 where the applicant has sold hearing instruments; 29.33 (6) submit certification to the commissioner that the 29.34 applicant's audiometric equipment has been calibrated to meet 29.35 current ANSI standards within 12 months of the date of the 29.36 application; 30.1 (7) submit evidence of continuing education credits, if 30.2 required; and 30.3 (8) submit all fees as required under section 153A.17. 30.4 Sec. 32. Minnesota Statutes 1998, section 153A.14, 30.5 subdivision 2a, is amended to read: 30.6 Subd. 2a. [EXEMPTION FROM WRITTEN EXAMINATION 30.7 REQUIREMENT.] Persons completing the audiology registration 30.8 requirements of section 148.515 after January 1, 1996, are 30.9 exempt from the written examination requirements of subdivision 30.10 2h, paragraph (a), clause (1). Minnesota registration or 30.11 American Speech-Language-Hearing Association certification as an 30.12 audiologist is not required but may be submitted as evidence 30.13 qualifying for exemption from the written examination if the 30.14 requirements are completed after January 1, 1996. Persons 30.15 qualifying for written examination exemption must fulfill the 30.16 other credentialing requirements under subdivisions 1 and 2 30.17 before a certificate may be issued by the commissioner. 30.18 Sec. 33. Minnesota Statutes 1998, section 153A.14, 30.19 subdivision 2h, is amended to read: 30.20 Subd. 2h. [CERTIFICATION BY EXAMINATION.] An applicant 30.21 must achieve a passing score, as determined by the commissioner, 30.22 on an examination according to paragraphs (a) to (c). 30.23 (a) The examination must include, but is not limited to: 30.24 (1) A written examination approved by the commissioner 30.25 covering the following areas as they pertain to hearing 30.26 instrument selling: 30.27 (i) basic physics of sound; 30.28 (ii) the anatomy and physiology of the ear; 30.29 (iii) the function of hearing instruments; 30.30 (iv) the principles of hearing instrument selection; and 30.31 (v) state and federal laws, rules, and regulations. 30.32 (2) Practical tests of proficiency in the following 30.33 techniques as they pertain to hearing instrument selling: 30.34 (i) pure tone audiometry, including air conduction testing 30.35 and bone conduction testing; 30.36 (ii) live voice or recorded voice speech audiometry 31.1 including speech recognition (discrimination) testing, most 31.2 comfortable loudness level, and uncomfortable loudness 31.3 measurements of tolerance thresholds; 31.4 (iii) masking when indicated; 31.5 (iv) recording and evaluation of audiograms and speech 31.6 audiometry to determine proper selection and fitting of a 31.7 hearing instrument; 31.8 (v) taking ear mold impressions; and 31.9 (vi) using an otoscope for the visual observation of the 31.10 entire ear canal. 31.11 (b) The examination shall be administered by the 31.12 commissioner at least twice a year. 31.13 (c) An applicant must achieve a passing score on all 31.14 portions of the examination within a two-year period. An 31.15 applicant who does not achieve a passing score on all portions 31.16 of the examination within a two-year period must retake the 31.17 entire examination and achieve a passing score on each portion 31.18 of the examination. An applicant who does not apply for 31.19 certification within one year of successful completion of the 31.20 examination must retake the examination and achieve a passing 31.21 score on each portion of the examination. An applicant may not 31.22 take any part of the examination more than three times in a 31.23 two-year period. 31.24 Sec. 34. Minnesota Statutes 1998, section 153A.14, 31.25 subdivision 4, is amended to read: 31.26 Subd. 4. [DISPENSING OF HEARING INSTRUMENTS WITHOUT 31.27 CERTIFICATE.] Except as provided insubdivisionsubdivisions 4a 31.28 and 4c, it is unlawful for any person not holding a valid 31.29 certificate to dispense a hearing instrument as defined in 31.30 section 153A.13, subdivision 3. A person who dispenses a 31.31 hearing instrument without the certificate required by this 31.32 section is guilty of a gross misdemeanor. 31.33 Sec. 35. Minnesota Statutes 1998, section 153A.14, 31.34 subdivision 4a, is amended to read: 31.35 Subd. 4a. [TRAINEES.] (a) A person who is not certified 31.36 under this section may dispense hearing instruments as a trainee 32.1 for a period not to exceed 12 months if the person: 32.2 (1) submits an application on forms provided by the 32.3 commissioner; 32.4 (2) is under the supervision of a certified dispenser 32.5 meeting the requirements of this subdivision; and 32.6 (3) meets all requirements for certification except passage 32.7 of the examination required by this section. 32.8 (b) A certified hearing instrument dispenser may not 32.9 supervise more than two trainees at the same time and may not 32.10 directly supervise more than one trainee at a time. The 32.11 certified dispenser is responsible for all actions or omissions 32.12 of a trainee in connection with the dispensing of hearing 32.13 instruments. A certified dispenser may not supervise a trainee 32.14 if there are any commissioner, court, or other orders, currently 32.15 in effect or issued within the last five years, that were issued 32.16 with respect to an action or omission of a certified dispenser 32.17 or a trainee under the certified dispenser's supervision. 32.18TraineesUntil taking and passing the practical examination 32.19 testing the techniques described in subdivision 2h, paragraph 32.20 (a), clause (2), trainees must be directly supervised in all 32.21 areas described in subdivision 4b, and the activities tested by 32.22 the practical examination.Two hundred hours of on-site32.23observations must be completed within the trainee period with a32.24minimum of 100 hours involving the supervisor, trainee, and a32.25consumer. In additionThereafter, trainees may dispense hearing 32.26 instruments under indirect supervision until expiration of the 32.27 trainee period. Under indirect supervision, the trainee must 32.28 complete two monitored activities a week. Monitored activities 32.29 may be executed by correspondence, telephone, or other 32.30 telephonic devices, and include, but are not limited to, 32.31 evaluation of audiograms, written reports, and contracts. The 32.32 time spent in supervision must be recorded and the record 32.33 retained by the supervisor. 32.34 Sec. 36. Minnesota Statutes 1998, section 153A.14, is 32.35 amended by adding a subdivision to read: 32.36 Subd. 4c. [RECIPROCITY.] (a) A person applying for 33.1 certification as a hearing instrument dispenser under 33.2 subdivision 1 who has dispensed hearing instruments in another 33.3 jurisdiction may dispense hearing instruments as a trainee under 33.4 indirect supervision if the person: 33.5 (1) satisfies the provisions of subdivision 4a, paragraph 33.6 (a); 33.7 (2) submits a signed and dated affidavit stating that the 33.8 applicant is not the subject of a disciplinary action or past 33.9 disciplinary action in this or another jurisdiction and is not 33.10 disqualified on the basis of section 153A.15, subdivision 1; and 33.11 (3) provides a copy of a current credential as a hearing 33.12 instrument dispenser, an audiologist, or both, held in the 33.13 District of Columbia or a state or territory of the United 33.14 States. 33.15 (b) A person becoming a trainee under this subdivision who 33.16 fails to take and pass the practical examination described in 33.17 subdivision 2h, paragraph (a), clause (2), when next offered 33.18 must cease dispensing hearing instruments unless under direct 33.19 supervision. 33.20 Sec. 37. Minnesota Statutes 1998, section 153A.14, is 33.21 amended by adding a subdivision to read: 33.22 Subd. 4d. [EXPIRATION OF TRAINEE PERIOD.] The trainee 33.23 period automatically expires two months following notice of 33.24 passing all examination requirements of subdivision 2h. 33.25 Sec. 38. Minnesota Statutes 1998, section 153A.15, 33.26 subdivision 1, is amended to read: 33.27 Subdivision 1. [PROHIBITED ACTS.] The commissioner may 33.28 take enforcement action as provided under subdivision 2 against 33.29 a dispenser of hearing instruments for the following acts and 33.30 conduct: 33.31 (1) prescribing or otherwise recommending to a consumer or 33.32 potential consumer the use of a hearing instrument, unless the 33.33 prescription from a physician or recommendation from a hearing 33.34 instrument dispenser or audiologist is in writing, is based on 33.35 an audiogram that is delivered to the consumer or potential 33.36 consumer when the prescription or recommendation is made, and 34.1 bears the following information in all capital letters of 34.2 12-point or larger boldface type: "THIS PRESCRIPTION OR 34.3 RECOMMENDATION MAY BE FILLED BY, AND HEARING INSTRUMENTS MAY BE 34.4 PURCHASED FROM, THE CERTIFIED DISPENSER OF YOUR CHOICE"; 34.5 (2) failing to give a copy of the audiogram, upon which the 34.6 prescription or recommendation is based, to the consumer when 34.7 there has been a charge for the audiogram and the consumer 34.8 requests a copy; 34.9 (3) dispensing a hearing instrument to a minor person 18 34.10 years or younger unless evaluated by an audiologist for hearing 34.11 evaluation and hearing aid evaluation; 34.12 (4) failing to provide the consumer rights brochure 34.13 required by section 153A.14, subdivision 9; 34.14(4)(5) being disciplined through a revocation, suspension, 34.15 restriction, or limitation by another state for conduct subject 34.16 to action under this chapter; 34.17(5)(6) presenting advertising that is false or misleading; 34.18(6)(7) providing the commissioner with false or misleading 34.19 statements of credentials, training, or experience; 34.20(7)(8) engaging in conduct likely to deceive, defraud, or 34.21 harm the public; or demonstrating a willful or careless 34.22 disregard for the health, welfare, or safety of a consumer; 34.23(8)(9) splitting fees or promising to pay a portion of a 34.24 fee to any other professional other than a fee for services 34.25 rendered by the other professional to the client; 34.26(9)(10) engaging in abusive or fraudulent billing 34.27 practices, including violations of federal Medicare and Medicaid 34.28 laws, Food and Drug Administration regulations, or state medical 34.29 assistance laws; 34.30(10)(11) obtaining money, property, or services from a 34.31 consumer through the use of undue influence, high pressure sales 34.32 tactics, harassment, duress, deception, or fraud; 34.33(11)(12) failing to comply with restrictions on sales of 34.34 hearing aids in sections 153A.14, subdivision 9, and 153A.19; 34.35(12)(13) performing the services of a certified hearing 34.36 instrument dispenser in an incompetent or negligent manner; 35.1(13)(14) failing to comply with the requirements of this 35.2 chapter as an employer, supervisor, or trainee; 35.3(14)(15) failing to provide information in a timely manner 35.4 in response to a request by the commissioner, commissioner's 35.5 designee, or the advisory council; 35.6(15)(16) being convicted within the past five years of 35.7 violating any laws of the United States, or any state or 35.8 territory of the United States, and the violation is a felony, 35.9 gross misdemeanor, or misdemeanor, an essential element of which 35.10 relates to hearing instrument dispensing, except as provided in 35.11 chapter 364; 35.12(16)(17) failing to cooperate with the commissioner, the 35.13 commissioner's designee, or the advisory council in any 35.14 investigation; 35.15(17)(18) failing to perform hearing instrument dispensing 35.16 with reasonable judgment, skill, or safety due to the use of 35.17 alcohol or drugs, or other physical or mental impairment; 35.18(18)(19) failing to fully disclose actions taken against 35.19 the applicant or the applicant's legal authorization to dispense 35.20 hearing instruments in this or another state; 35.21(19)(20) violating a state or federal court order or 35.22 judgment, including a conciliation court judgment, relating to 35.23 the activities of the applicant in hearing instrument 35.24 dispensing; 35.25(20)(21) having been or being disciplined by the 35.26 commissioner of the department of health, or other authority, in 35.27 this or another jurisdiction, if any of the grounds for the 35.28 discipline are the same or substantially equivalent to those in 35.29 sections 153A.13 to 153A.19; 35.30(21)(22) misrepresenting the purpose of hearing tests, or 35.31 in any way communicating that the hearing test or hearing test 35.32 protocol required by section 153A.14, subdivision 4b, is a 35.33 medical evaluation, a diagnostic hearing evaluation conducted by 35.34 an audiologist, or is other than a test to select a hearing 35.35 instrument, except that the hearing instrument dispenser can 35.36 determine the need for or recommend the consumer obtain a 36.1 medical evaluation consistent with requirements of the United 36.2 States Food and Drug Administration; 36.3(22)(23) violating any of the provisions of sections 36.4 153A.13 to 153A.19; and 36.5(23)(24) aiding or abetting another person in violating 36.6 any of the provisions of sections 153A.13 to 153A.19. 36.7 Sec. 39. [REPEALER.] 36.8 Minnesota Statutes 1998, sections 148.5193, subdivisions 3 36.9 and 5; and 148C.04, subdivision 5, are repealed. 36.10 Sec. 40. [EFFECTIVE DATE.] 36.11 Sections 1 to 39 are effective the day following final 36.12 enactment.