SF 985

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to health occupations; modifying provisions 
  1.3             for alcohol and drug counselors licensure; creating 
  1.4             the board of alcohol and drug counselors; amending 
  1.5             Minnesota Statutes 2002, sections 148C.01, 
  1.6             subdivisions 2, 12, by adding subdivisions; 148C.02; 
  1.7             148C.03; 148C.0351, subdivisions 1, 3, by adding a 
  1.8             subdivision; 148C.04; 148C.05, subdivision 1, by 
  1.9             adding subdivisions; 148C.07; 148C.09; 148C.091; 
  1.10            148C.093; 148C.095; 148C.099; 148C.10, subdivisions 1, 
  1.11            2; 148C.11; proposing coding for new law in Minnesota 
  1.12            Statutes, chapter 148C; repealing Minnesota Statutes 
  1.13            2002, sections 148C.01, subdivision 6; 148C.0351, 
  1.14            subdivision 2; 148C.05, subdivisions 2, 3, 4; 148C.06; 
  1.15            148C.10, subdivision 1a; Minnesota Rules, parts 
  1.16            4747.0030, subparts 25, 28, 30; 4747.0040, subpart 3, 
  1.17            item A; 4747.0060, subpart 1, items A, B, D; 
  1.18            4747.0070, subparts 4, 5; 4747.0080; 4747.0090; 
  1.19            4747.0100; 4747.0300; 4747.0400, subparts 2, 3; 
  1.20            4747.0500; 4747.0600; 4747.1000; 4747.1100, subparts 
  1.21            2, 3; 4747.1600. 
  1.22  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.23     Section 1.  Minnesota Statutes 2002, section 148C.01, is 
  1.24  amended by adding a subdivision to read: 
  1.25     Subd. 1a.  [ACCREDITING ASSOCIATION.] "Accrediting 
  1.26  association" means an organization recognized by the 
  1.27  commissioner that evaluates schools and education programs of 
  1.28  alcohol and drug counseling or is listed in Nationally 
  1.29  Recognized Accrediting Agencies and Associations, Criteria and 
  1.30  Procedures for Listing by the U.S. Secretary of Education and 
  1.31  Current List (1996), which is incorporated by reference.  
  1.32     Sec. 2.  Minnesota Statutes 2002, section 148C.01, 
  1.33  subdivision 2, is amended to read: 
  2.1      Subd. 2.  [ALCOHOL AND DRUG COUNSELOR.] "Alcohol and drug 
  2.2   counselor" or "counselor" means a person who: 
  2.3      (1) uses, as a representation to the public, any title, 
  2.4   initials, or description of services incorporating the words 
  2.5   "alcohol and drug counselor"; 
  2.6      (2) offers to render professional alcohol and drug 
  2.7   counseling services relative to the abuse of or the dependency 
  2.8   on alcohol or other drugs to the general public or groups, 
  2.9   organizations, corporations, institutions, or government 
  2.10  agencies for compensation, implying that the person is licensed 
  2.11  and trained, experienced or expert in alcohol and drug 
  2.12  counseling; 
  2.13     (3) holds a valid license issued under sections 148C.01 to 
  2.14  148C.11 this chapter to engage in the practice of alcohol and 
  2.15  drug counseling; or 
  2.16     (4) is an applicant for an alcohol and drug counseling 
  2.17  license.  
  2.18     Sec. 3.  Minnesota Statutes 2002, section 148C.01, is 
  2.19  amended by adding a subdivision to read: 
  2.20     Subd. 2a.  [ALCOHOL AND DRUG COUNSELOR CLASSROOM 
  2.21  EDUCATION.] "Alcohol and drug counselor classroom education" 
  2.22  means classroom education, which is directly related to alcohol 
  2.23  and drug counseling, including, but not limited to, the core 
  2.24  functions and code of conduct and is taken through an accredited 
  2.25  school or educational program.  
  2.26     Sec. 4.  Minnesota Statutes 2002, section 148C.01, is 
  2.27  amended by adding a subdivision to read: 
  2.28     Subd. 2b.  [ALCOHOL AND DRUG COUNSELOR CONTINUING EDUCATION 
  2.29  ACTIVITY.] "Alcohol and drug counselor continuing education 
  2.30  activity" means clock hours that meet the requirements of 
  2.31  section 148C.075 and Minnesota Rules, part 4747.1100, and are 
  2.32  obtained by a licensee at educational programs of annual 
  2.33  conferences, lectures, panel discussions, workshops, seminars, 
  2.34  symposiums, employer-sponsored inservices, or courses taken 
  2.35  through accredited schools or education programs, including 
  2.36  home-study courses.  
  3.1      Sec. 5.  Minnesota Statutes 2002, section 148C.01, is 
  3.2   amended by adding a subdivision to read: 
  3.3      Subd. 2c.  [ALCOHOL AND DRUG COUNSELOR 
  3.4   TECHNICIAN.] "Alcohol and drug counselor technician" means a 
  3.5   person not licensed as an alcohol and drug counselor who is 
  3.6   performing acts authorized under section 148C.045.  
  3.7      Sec. 6.  Minnesota Statutes 2002, section 148C.01, is 
  3.8   amended by adding a subdivision to read: 
  3.9      Subd. 2d.  [ALCOHOL AND DRUG COUNSELOR TRAINING.] "Alcohol 
  3.10  and drug counselor training" means clock hours obtained by an 
  3.11  applicant at educational programs of annual conferences, 
  3.12  lectures, panel discussions, workshops, seminars, symposiums, 
  3.13  employer-sponsored inservices, or courses taken through 
  3.14  accredited schools or education programs, including home-study 
  3.15  courses.  Clock hours obtained from accredited schools or 
  3.16  education programs must be measured under Minnesota Rules, part 
  3.17  4747.1100, subpart 5.  
  3.18     Sec. 7.  Minnesota Statutes 2002, section 148C.01, is 
  3.19  amended by adding a subdivision to read: 
  3.20     Subd. 2e.  [BOARD.] "Board" means the state board of 
  3.21  alcohol and drug counselors. 
  3.22     Sec. 8.  Minnesota Statutes 2002, section 148C.01, is 
  3.23  amended by adding a subdivision to read: 
  3.24     Subd. 2f.  [CLOCK HOUR.] "Clock hour" means an 
  3.25  instructional session of 50 consecutive minutes, excluding 
  3.26  coffee breaks, registration, meals without a speaker, and social 
  3.27  activities.  
  3.28     Sec. 9.  Minnesota Statutes 2002, section 148C.01, is 
  3.29  amended by adding a subdivision to read: 
  3.30     Subd. 2g.  [CREDENTIAL.] "Credential" means a license, 
  3.31  permit, certification, registration, or other evidence of 
  3.32  qualification or authorization to engage in the practice of an 
  3.33  occupation.  
  3.34     Sec. 10.  Minnesota Statutes 2002, section 148C.01, is 
  3.35  amended by adding a subdivision to read: 
  3.36     Subd. 4a.  [LICENSEE.] "Licensee" means a person who holds 
  4.1   a valid license under this chapter.  
  4.2      Sec. 11.  Minnesota Statutes 2002, section 148C.01, 
  4.3   subdivision 12, is amended to read: 
  4.4      Subd. 12.  [SUPERVISED ALCOHOL AND DRUG COUNSELING 
  4.5   EXPERIENCE COUNSELOR.] Except during the transition period, 
  4.6   "Supervised alcohol and drug counseling experience counselor" 
  4.7   means practical experience gained by a student, volunteer, or 
  4.8   either before, during, or after the student completes a program 
  4.9   from an accredited school or educational program of alcohol and 
  4.10  drug counseling, an intern, and or a person issued a temporary 
  4.11  permit under section 148C.04, subdivision 4, and who is 
  4.12  supervised by a person either licensed under this chapter or 
  4.13  exempt under its provisions; either before, during, or after the 
  4.14  student completes a program from an accredited school or 
  4.15  educational program of alcohol and drug counseling. 
  4.16     Sec. 12.  Minnesota Statutes 2002, section 148C.01, is 
  4.17  amended by adding a subdivision to read: 
  4.18     Subd. 12a.  [SUPERVISOR.] "Supervisor" means a person whose 
  4.19  position in an alcohol and drug counseling work setting 
  4.20  includes, but is not limited to, the following:  
  4.21     (1) assessing the qualifications of and hiring counselors; 
  4.22     (2) assigning job duties and training and directing 
  4.23  counselors in the execution of responsibilities to reach work 
  4.24  plan objectives; and 
  4.25     (3) evaluating counselor work performance and holding 
  4.26  periodic performance reviews.  
  4.27     Sec. 13.  Minnesota Statutes 2002, section 148C.02, is 
  4.28  amended to read: 
  4.29     148C.02 [BOARD OF ALCOHOL AND DRUG COUNSELORS LICENSING 
  4.30  ADVISORY COUNCIL.] 
  4.31     Subdivision 1.  [MEMBERSHIP.] (a) The board of alcohol and 
  4.32  drug counselors licensing advisory council consists of is 
  4.33  created with the powers and duties described in this section.  
  4.34  The board has 13 members.  The commissioner shall appoint who 
  4.35  consist of: 
  4.36     (1) except for those members initially appointed, seven 
  5.1   members who must be licensed as alcohol and drug counselors; 
  5.2      (2) three members who must be public members as defined by 
  5.3   section 214.02; 
  5.4      (3) one member who must be a director or coordinator of an 
  5.5   accredited alcohol and drug dependency training program; and 
  5.6      (4) one member who must be a former consumer of alcohol and 
  5.7   drug dependency counseling service and who must have received 
  5.8   the service more than three years before the person's 
  5.9   appointment. 
  5.10     The American Indian advisory committee to the department of 
  5.11  human services chemical dependency office shall appoint the 
  5.12  remaining member. 
  5.13     (b) The members of the board shall: 
  5.14     (1) be appointed by the governor unless otherwise specified 
  5.15  in paragraph (a); 
  5.16     (2) be residents of the state; 
  5.17     (3) serve no more than two consecutive terms; and 
  5.18     (4) designate the officers of the board.  
  5.19     Subd. 2.  [DUTIES.] The advisory council board shall: 
  5.20     (1) provide advice and recommendations to the commissioner 
  5.21  on the development of develop rules for the licensure of alcohol 
  5.22  and drug counselors; 
  5.23     (2) provide advice and recommendations to the commissioner 
  5.24  on the development of develop standards and procedures for the 
  5.25  competency testing, licensing, and review of alcohol and drug 
  5.26  counselors' professional conduct; 
  5.27     (3) provide advice and recommendations to the commissioner 
  5.28  board in disciplinary cases in the areas of counselor competency 
  5.29  issues, counselor practice issues, and counselor impairment 
  5.30  issues. 
  5.31     Subd. 3.  [TERMS.] The terms, compensation, and removal of 
  5.32  members shall be as provided in section 15.059, except that 
  5.33  notwithstanding any contrary law, the advisory council board 
  5.34  shall not expire. 
  5.35     Sec. 14.  Minnesota Statutes 2002, section 148C.03, is 
  5.36  amended to read: 
  6.1      148C.03 [DUTIES OF COMMISSIONER THE BOARD.] 
  6.2      Subdivision 1.  [GENERAL.] The commissioner board shall, 
  6.3   after consultation with the advisory council or a committee 
  6.4   established by rule: 
  6.5      (a) adopt and enforce rules for licensure of alcohol and 
  6.6   drug counselors, including establishing standards and methods of 
  6.7   determining whether applicants and licensees are qualified under 
  6.8   section 148C.04.  The rules must provide for examinations and 
  6.9   establish standards for the regulation of professional conduct.  
  6.10  The rules must be designed to protect the public; 
  6.11     (b) develop and, at least twice a year, administer an 
  6.12  examination to assess applicants' knowledge and skills.  The 
  6.13  commissioner board may contract for the administration of an 
  6.14  examination with an entity designated by the commissioner board. 
  6.15  The examinations must be psychometrically valid and reliable; 
  6.16  must be written and oral, with the oral examination based on a 
  6.17  written case presentation; must minimize cultural bias; and must 
  6.18  be balanced in various theories relative to the practice of 
  6.19  alcohol and drug counseling; 
  6.20     (c) issue licenses to individuals qualified under sections 
  6.21  148C.01 to 148C.11 this chapter; 
  6.22     (d) issue copies of the rules for licensure to all 
  6.23  applicants; 
  6.24     (e) adopt rules to establish and implement procedures, 
  6.25  including a standard disciplinary process and rules of 
  6.26  professional conduct; 
  6.27     (f) carry out disciplinary actions against licensees; 
  6.28     (g) establish, with the advice and recommendations of the 
  6.29  advisory council, written internal operating procedures for 
  6.30  receiving and investigating complaints and for taking 
  6.31  disciplinary actions as appropriate; 
  6.32     (h) educate the public about the existence and content of 
  6.33  the rules for alcohol and drug counselor licensing to enable 
  6.34  consumers to file complaints against licensees who may have 
  6.35  violated the rules; 
  6.36     (i) evaluate the rules in order to refine and improve the 
  7.1   methods used to enforce the commissioner's board's standards; 
  7.2   and 
  7.3      (j) set, collect, and adjust license fees for alcohol and 
  7.4   drug counselors so that the total fees collected will as closely 
  7.5   as possible equal anticipated expenditures during the biennium, 
  7.6   as provided in section 16A.1285; fees for initial and renewal 
  7.7   application and examinations; late fees for counselors who 
  7.8   submit license renewal applications after the renewal deadline; 
  7.9   and a surcharge fee.  The surcharge fee must include an amount 
  7.10  necessary to recover, over a five-year period, the 
  7.11  commissioner's direct expenditures for the adoption of the rules 
  7.12  providing for the licensure of alcohol and drug counselors.  All 
  7.13  fees received shall be deposited in the state treasury and 
  7.14  credited to the special revenue fund. 
  7.15     Subd. 4.  [PROFESSIONAL ACCOUNTABILITY.] The 
  7.16  commissioner board shall maintain and keep current a file 
  7.17  containing the reports and complaints filed against alcohol and 
  7.18  drug counselors within the commissioner's board's jurisdiction. 
  7.19     Sec. 15.  Minnesota Statutes 2002, section 148C.0351, 
  7.20  subdivision 1, is amended to read: 
  7.21     Subdivision 1.  [APPLICATION FORMS.] Unless exempted under 
  7.22  section 148C.11, a person who practices alcohol and drug 
  7.23  counseling in Minnesota must: 
  7.24     (1) apply to the commissioner board for a license to 
  7.25  practice alcohol and drug counseling on forms provided by the 
  7.26  commissioner board; 
  7.27     (2) include with the application a statement that the 
  7.28  statements in the application are true and correct to the best 
  7.29  of the applicant's knowledge and belief; 
  7.30     (3) include with the application a nonrefundable 
  7.31  application fee specified by the commissioner in section 
  7.32  148C.12; 
  7.33     (4) include with the application information describing the 
  7.34  applicant's experience, including the number of years and months 
  7.35  the applicant has practiced alcohol and drug counseling as 
  7.36  defined in section 148C.01; 
  8.1      (5) include with the application the applicant's business 
  8.2   address and telephone number, or home address and telephone 
  8.3   number if the applicant conducts business out of the home, and 
  8.4   if applicable, the name of the applicant's supervisor, manager, 
  8.5   and employer; 
  8.6      (6) include with the application a written and signed 
  8.7   authorization for the commissioner board to make inquiries to 
  8.8   appropriate state regulatory agencies and private credentialing 
  8.9   organizations in this or any other state where the applicant has 
  8.10  practiced alcohol and drug counseling; and 
  8.11     (7) complete the application in sufficient detail for the 
  8.12  commissioner board to determine whether the applicant meets the 
  8.13  requirements for filing.  The commissioner board may ask the 
  8.14  applicant to provide additional information necessary to clarify 
  8.15  incomplete or ambiguous information submitted in the application.
  8.16     Sec. 16.  Minnesota Statutes 2002, section 148C.0351, 
  8.17  subdivision 3, is amended to read: 
  8.18     Subd. 3.  [REQUIREMENT TO MAINTAIN CURRENT INFORMATION.] An 
  8.19  alcohol and drug counselor must notify the commissioner board 
  8.20  within 30 days of the occurrence of any of the following: 
  8.21     (1) a change of name, address, place of employment, and 
  8.22  home or business telephone number; and 
  8.23     (2) a settlement or award based on negligent or intentional 
  8.24  acts committed in providing alcohol and drug counseling services.
  8.25     Sec. 17.  Minnesota Statutes 2002, section 148C.0351, is 
  8.26  amended by adding a subdivision to read: 
  8.27     Subd. 4.  [INITIAL LICENSE; TERM.] (a) An initial license 
  8.28  is effective on the date the board indicates on the license 
  8.29  certificate, with the license number, sent to the applicant upon 
  8.30  approval of the application.  
  8.31     (b) An initial license is valid for a period beginning with 
  8.32  the effective date in paragraph (a) and ending on the date 
  8.33  specified on the license certificate by the board, which will 
  8.34  place the applicant in an existing two-year renewal cycle, as 
  8.35  established under section 148C.05, subdivision 1.  
  8.36     Sec. 18.  [148C.0355] [BOARD ACTION ON APPLICATIONS FOR 
  9.1   LICENSURE.] 
  9.2      The board shall act on each application for licensure 
  9.3   within 90 days from the date the application is received by the 
  9.4   board.  The board shall determine if the applicant meets the 
  9.5   requirements for licensure and whether there are grounds for 
  9.6   denial of licensure under this chapter.  If the board denies an 
  9.7   application on grounds other than the applicant's failure of an 
  9.8   examination, the board shall:  
  9.9      (1) notify the applicant, in writing, of the denial and the 
  9.10  reason for the denial and provide the applicant 30 days from the 
  9.11  date of the letter informing the applicant of the denial in 
  9.12  which the applicant may provide additional information to 
  9.13  address the reasons for the denial.  If the applicant does not 
  9.14  respond in writing to the board within the 30-day period, the 
  9.15  denial is final.  If the board receives additional information, 
  9.16  the board shall review it and make a final determination 
  9.17  thereafter; 
  9.18     (2) notify the applicant that an application submitted 
  9.19  following denial is a new application and must be accompanied by 
  9.20  the appropriate fee as specified in section 148C.12; and 
  9.21     (3) notify the applicant of the right to request a hearing 
  9.22  under chapter 14.  
  9.23     Sec. 19.  Minnesota Statutes 2002, section 148C.04, is 
  9.24  amended to read: 
  9.25     148C.04 [REQUIREMENTS FOR LICENSURE.] 
  9.26     Subdivision 1.  [GENERAL REQUIREMENTS.] The 
  9.27  commissioner board shall issue licenses to the individuals 
  9.28  qualified under sections 148C.01 to 148C.11 this chapter to 
  9.29  practice alcohol and drug counseling. 
  9.30     Subd. 2.  [FEE.] Each applicant shall pay a nonrefundable 
  9.31  fee set by the commissioner pursuant to section 148C.03 as 
  9.32  specified in section 148C.12.  Fees paid to the 
  9.33  commissioner board shall be deposited in the special revenue 
  9.34  fund. 
  9.35     Subd. 3.  [LICENSING REQUIREMENTS FOR THE FIRST FIVE 
  9.36  YEARS TIER I COUNSELORS.] For five years after the effective 
 10.1   date of the rules authorized in section 148C.03, the An 
 10.2   applicant, unless qualified under section 148C.06 during the 
 10.3   25-month period authorized therein, under section 148C.07, or 
 10.4   under subdivision 4, for a tier I license must furnish evidence 
 10.5   satisfactory to the commissioner board that the applicant has 
 10.6   met all the requirements in clauses (1) to (3). The applicant 
 10.7   must have: 
 10.8      (1) received an associate degree, or an equivalent number 
 10.9   of credit hours, and a certificate in alcohol and drug 
 10.10  counseling including 270 clock hours of alcohol and drug 
 10.11  counseling classroom education from an accredited school or 
 10.12  educational program and 880 clock hours of supervised alcohol 
 10.13  and drug counseling practicum; 
 10.14     (2) completed a written case presentation and 
 10.15  satisfactorily passed an oral examination established by the 
 10.16  board that demonstrates competence in the core functions; and 
 10.17     (3) satisfactorily passed a written examination as 
 10.18  established by the commissioner board. 
 10.19     Subd. 4.  [LICENSING REQUIREMENTS AFTER FIVE YEARS FOR TIER 
 10.20  II COUNSELORS.] Beginning five years after the effective date of 
 10.21  the rules authorized in section 148C.03, subdivision 1 , (a) An 
 10.22  applicant for licensure a tier II license must submit evidence 
 10.23  to the commissioner board that the applicant has met one of the 
 10.24  following requirements: 
 10.25     (1) the applicant must have: 
 10.26     (i) received a bachelor's degree from an accredited school 
 10.27  or educational program, including 480 clock hours of alcohol and 
 10.28  drug counseling education from an accredited school or 
 10.29  educational program and 880 clock hours of supervised alcohol 
 10.30  and drug counseling practicum; 
 10.31     (ii) completed a written case presentation and 
 10.32  satisfactorily passed an oral examination established by the 
 10.33  board that demonstrates competence in the core functions; and 
 10.34     (iii) satisfactorily passed a written examination as 
 10.35  established by the commissioner board; or 
 10.36     (2) the applicant must meet the requirements of section 
 11.1   148C.07. 
 11.2      (b) This subdivision is effective upon the recognition of 
 11.3   an accrediting association by the board.  
 11.4      Subd. 6.  [TEMPORARY PRACTICE PERMIT REQUIREMENTS.] (a) A 
 11.5   person may temporarily The board shall issue a temporary permit 
 11.6   to practice alcohol and drug counseling prior to being licensed 
 11.7   under this chapter if the person: 
 11.8      (1) either: 
 11.9      (i) meets the associate degree education and practicum 
 11.10  requirements of subdivision 3, clause (1); 
 11.11     (ii) meets the bachelor's degree education and practicum 
 11.12  requirements of subdivision 4, clause (1), item (i); or 
 11.13     (iii) submits verification of a current and unrestricted 
 11.14  credential for the practice of alcohol and drug counseling from 
 11.15  a national certification body or a certification or licensing 
 11.16  body from another state, United States territory, or federally 
 11.17  recognized tribal authority; or 
 11.18     (ii) submits verification of the completion of at least 64 
 11.19  semester credits, including 270 clock hours or 18 semester 
 11.20  credits of formal classroom education in alcohol and drug 
 11.21  counseling and at least 440 clock hours of alcohol and drug 
 11.22  counseling practicum from an accredited school or educational 
 11.23  program; 
 11.24     (2) requests applies, in writing, temporary practice status 
 11.25  with the commissioner on an application form according to 
 11.26  section 148C.0351 provided by the board, which includes the 
 11.27  nonrefundable license temporary permit fee as specified in 
 11.28  section 148C.12 and an affirmation by the person's supervisor, 
 11.29  as defined in paragraph (b) (c), clause (1), and which is signed 
 11.30  and dated by the person and the person's supervisor; and 
 11.31     (3) has not been disqualified to practice temporarily on 
 11.32  the basis of a background investigation under section 148C.09, 
 11.33  subdivision 1a; and.  
 11.34     (4) has been notified (b) The board must notify the person 
 11.35  in writing within 30 days from the date the application is 
 11.36  received by the commissioner that board whether the person is 
 12.1   qualified to practice under this subdivision. 
 12.2      (b) (c) A person practicing under this subdivision: 
 12.3      (1) may practice only under tribal jurisdiction or in a 
 12.4   program licensed by the department of human services and under 
 12.5   the direct, on-site supervision of a person who is licensed 
 12.6   under this chapter and employed in that licensed program; 
 12.7      (2) is subject to the rules of professional conduct set by 
 12.8   rule; and 
 12.9      (3) is not subject to the continuing education requirements 
 12.10  of section 148C.05 148C.075. 
 12.11     (c) A person practicing under this subdivision may not must 
 12.12  use with the public any the title or description stating or 
 12.13  implying that the person is licensed to engage a trainee engaged 
 12.14  in the practice of alcohol and drug counseling. 
 12.15     (d) The temporary status of A person applying for temporary 
 12.16  practice practicing under this subdivision expires on the date 
 12.17  the commissioner grants or denies licensing must annually submit 
 12.18  a renewal application on forms provided by the board with the 
 12.19  renewal fee required in section 148C.12, subdivision 3, and the 
 12.20  board may renew the temporary permit if the trainee meets the 
 12.21  requirements of this subdivision.  A trainee may renew a 
 12.22  practice permit no more than five times. 
 12.23     (e) A temporary permit expires if not renewed, upon a 
 12.24  change of employment of the trainee or upon a change in 
 12.25  supervision, or upon the granting or denial by the board of a 
 12.26  tier I or tier II license.  
 12.27     Subd. 7.  [EFFECT AND SUSPENSION OF TEMPORARY PRACTICE.] 
 12.28  Approval of a person's application for temporary practice 
 12.29  creates no rights to or expectation of approval from the 
 12.30  commissioner board for licensure as an alcohol and drug 
 12.31  counselor.  The commissioner board may suspend or restrict a 
 12.32  person's temporary practice status according to section 148C.09. 
 12.33     Sec. 20.  [148C.045] [ALCOHOL AND DRUG COUNSELOR 
 12.34  TECHNICIAN.] 
 12.35     An alcohol and drug counselor technician may perform the 
 12.36  services described in section 148C.01, subdivision 9, paragraphs 
 13.1   (1), (2), and (3), while under the direct supervision of a 
 13.2   licensed alcohol and drug counselor.  
 13.3      Sec. 21.  Minnesota Statutes 2002, section 148C.05, 
 13.4   subdivision 1, is amended to read: 
 13.5      Subdivision 1.  [BIENNIAL RENEWAL REQUIREMENTS.] To renew a 
 13.6   license, an applicant must: 
 13.7      (1) complete a renewal application every two years on a 
 13.8   form provided by the commissioner and submit the biennial 
 13.9   renewal fee by the deadline; and 
 13.10     (2) submit additional information if requested by the 
 13.11  commissioner to clarify information presented in the renewal 
 13.12  application.  This information must be submitted within 30 days 
 13.13  of the commissioner's request.  A license must be renewed every 
 13.14  two years.  
 13.15     Sec. 22.  Minnesota Statutes 2002, section 148C.05, is 
 13.16  amended by adding a subdivision to read: 
 13.17     Subd. 1a.  [RENEWAL REQUIREMENTS.] To renew a license, an 
 13.18  applicant must submit to the board: 
 13.19     (1) a completed and signed application for license renewal, 
 13.20  including a signed consent authorizing the board to obtain 
 13.21  information about the applicant from third parties, including, 
 13.22  but not limited to, employers, former employers, and law 
 13.23  enforcement agencies; 
 13.24     (2) the renewal fee required under section 148C.12; and 
 13.25     (3) additional information as requested by the board to 
 13.26  clarify information presented in the renewal application.  The 
 13.27  licensee must submit information within 30 days of the date of 
 13.28  the board's request.  
 13.29     Sec. 23.  Minnesota Statutes 2002, section 148C.05, is 
 13.30  amended by adding a subdivision to read: 
 13.31     Subd. 5.  [LICENSE RENEWAL NOTICE.] At least 60 calendar 
 13.32  days before the renewal deadline date in subdivision 6, the 
 13.33  board shall mail a renewal notice to the licensee's last known 
 13.34  address on file with the board.  The notice must include an 
 13.35  application for license renewal, the renewal deadline, and 
 13.36  notice of fees required for renewal.  The licensee's failure to 
 14.1   receive notice does not relieve the licensee of the obligation 
 14.2   to meet the renewal deadline and other requirements for license 
 14.3   renewal.  
 14.4      Sec. 24.  Minnesota Statutes 2002, section 148C.05, is 
 14.5   amended by adding a subdivision to read: 
 14.6      Subd. 6.  [RENEWAL DEADLINE AND LAPSE OF LICENSURE.] (a) 
 14.7   Licensees must comply with paragraphs (b) to (d).  
 14.8      (b) Each license certificate must state an expiration 
 14.9   date.  An application for license renewal must be received by 
 14.10  the board or postmarked at least 30 calendar days before the 
 14.11  expiration date.  If the postmark is illegible, the application 
 14.12  must be considered timely if received at least 21 calendar days 
 14.13  before the expiration date.  
 14.14     (c) An application for license renewal not received within 
 14.15  the time required under paragraph (b) must be accompanied by a 
 14.16  late fee in addition to the renewal fee required in section 
 14.17  148C.12.  
 14.18     (d) A licensee's license lapses if the licensee fails to 
 14.19  submit to the board a license renewal application by the 
 14.20  licensure expiration date.  A licensee shall not engage in the 
 14.21  practice of alcohol and drug counseling while the license is 
 14.22  lapsed.  A licensee whose license has lapsed may renew the 
 14.23  license by complying with section 148C.06.  
 14.24     Sec. 25.  Minnesota Statutes 2002, section 148C.05, is 
 14.25  amended by adding a subdivision to read: 
 14.26     Subd. 7.  [INACTIVE LICENSE STATUS.] Unless a complaint is 
 14.27  pending against the licensee, a licensee whose license is in 
 14.28  good standing may request, in writing, that the license be 
 14.29  placed on the inactive list.  If a complaint is pending against 
 14.30  a licensee, a license may not be placed on the inactive list 
 14.31  until action relating to the complaint is concluded.  The board 
 14.32  must receive the request for inactive status before expiration 
 14.33  of the license.  A request for inactive status received after 
 14.34  the license expiration date must be denied.  A licensee may 
 14.35  renew a license that is inactive under this subdivision by 
 14.36  meeting the renewal requirements of section 148C.06, subdivision 
 15.1   2, except that payment of a late renewal fee is not required.  A 
 15.2   licensee must not practice alcohol and drug counseling while the 
 15.3   license is inactive.  
 15.4      Sec. 26.  [148C.055] [RENEWAL OF INACTIVE OR LAPSED 
 15.5   LICENSE.] 
 15.6      Subdivision 1.  [RENEWAL OF INACTIVE LICENSE.] A licensee 
 15.7   whose license is inactive shall renew the inactive status by the 
 15.8   inactive status expiration date determined by the board or the 
 15.9   license will lapse.  An application for renewal of inactive 
 15.10  status must include evidence satisfactory to the board that the 
 15.11  licensee has completed 40 clock hours of continuing professional 
 15.12  education required in section 148C.075, and be received by the 
 15.13  board at least 30 calendar days before the expiration date.  If 
 15.14  the postmark is illegible, the application must be considered 
 15.15  timely if received at least 21 calendar days before the 
 15.16  expiration date.  Late renewal of inactive status must be 
 15.17  accompanied by a late fee as required in section 148C.12.  
 15.18     Subd. 2.  [RENEWAL OF LAPSED LICENSE.] An individual whose 
 15.19  license has lapsed for less than two years may renew the license 
 15.20  by submitting:  
 15.21     (1) a completed and signed license renewal application; 
 15.22     (2) the inactive license renewal fee or the renewal fee and 
 15.23  the late fee as required under section 148C.12; and 
 15.24     (3) proof of having met the continuing education 
 15.25  requirements in section 148C.075 since the individual's initial 
 15.26  licensure or last license renewal.  The license issued is then 
 15.27  effective for the remainder of the next two-year license cycle.  
 15.28     Subd. 3.  [LICENSE RENEWAL FOR TWO YEARS OR MORE AFTER 
 15.29  LICENSE EXPIRATION DATE.] An individual who submitted a license 
 15.30  renewal two years or more after the license expiration date must 
 15.31  submit the following:  
 15.32     (1) a completed and signed application for licensure, as 
 15.33  required by section 148C.0351; 
 15.34     (2) the initial license fee as required in section 148C.12; 
 15.35  and 
 15.36     (3) verified documentation of having achieved a passing 
 16.1   score within the past year on an examination required by the 
 16.2   board.  
 16.3      Sec. 27.  Minnesota Statutes 2002, section 148C.07, is 
 16.4   amended to read: 
 16.5      148C.07 [RECIPROCITY.] 
 16.6      The commissioner shall issue an appropriate license to (a) 
 16.7   An individual who holds a current license or other credential to 
 16.8   engage in alcohol and drug counseling national certification as 
 16.9   an alcohol and drug counselor from another jurisdiction if the 
 16.10  commissioner finds that the requirements for that credential are 
 16.11  substantially similar to the requirements in sections 148C.01 to 
 16.12  148C.11 must file with the board a completed application for 
 16.13  licensure by reciprocity containing the information required 
 16.14  under this section.  
 16.15     (b) The applicant must request the credentialing authority 
 16.16  of the jurisdiction in which the credential is held to send 
 16.17  directly to the board a statement that the credential is current 
 16.18  and in good standing, the applicant's qualifications that 
 16.19  entitled the applicant to the credential, and a copy of the 
 16.20  jurisdiction's credentialing laws and rules that were in effect 
 16.21  at the time the applicant obtained the credential.  
 16.22     (c) The board shall issue a tier I or tier II license if 
 16.23  the board finds that the requirements, which the applicant had 
 16.24  to meet to obtain the credential from the other jurisdiction 
 16.25  were substantially similar to the requirements for licensure in 
 16.26  this chapter, and the applicant is not otherwise disqualified 
 16.27  under section 148C.09.  
 16.28     Sec. 28.  [148C.075] [CONTINUING EDUCATION REQUIREMENTS.] 
 16.29     Subdivision 1.  [GENERAL REQUIREMENTS.] The board shall 
 16.30  establish a two-year continuing education reporting schedule 
 16.31  requiring licensees to report completion of the requirements of 
 16.32  this section.  Licensees must document completion of a minimum 
 16.33  of 40 clock hours of continuing education activities each 
 16.34  reporting period.  A licensee may be given credit only for 
 16.35  activities that directly relate to the practice of alcohol and 
 16.36  drug counseling, the core functions, or the rules of 
 17.1   professional conduct in Minnesota Rules, part 4747.1400.  The 
 17.2   continuing education reporting form must require reporting of 
 17.3   the following information:  
 17.4      (1) the continuing education activity title; 
 17.5      (2) a brief description of the continuing education 
 17.6   activity; 
 17.7      (3) the sponsor, presenter, or author; 
 17.8      (4) the location and attendance dates; 
 17.9      (5) the number of clock hours; and 
 17.10     (6) a statement that the information is true and correct to 
 17.11  the best knowledge of the licensee.  
 17.12     Only continuing education obtained during the previous 
 17.13  two-year reporting period may be considered at the time of 
 17.14  reporting.  Clock hours must be earned and reported in 
 17.15  increments of one-half clock hour with a minimum of one clock 
 17.16  hour for each continuing education activity.  
 17.17     Subd. 2.  [CONTINUING EDUCATION REQUIREMENTS FOR LICENSEE'S 
 17.18  FIRST FOUR YEARS.] Licensees must, as part of meeting the clock 
 17.19  hour requirement of this section, obtain and document 18 hours 
 17.20  of cultural diversity training within the first four years after 
 17.21  their initial license effective date according to the board's 
 17.22  reporting schedule.  
 17.23     Subd. 3.  [CONTINUING EDUCATION REQUIREMENTS AFTER 
 17.24  LICENSEE'S INITIAL FOUR YEARS.] Beginning four years following a 
 17.25  licensee's initial license effective date and according to the 
 17.26  board's reporting schedule, a licensee must document completion 
 17.27  of a minimum of six clock hours each reporting period of 
 17.28  cultural diversity training.  Licensees must also document 
 17.29  completion of six clock hours in courses directly related to the 
 17.30  rules of professional conduct in Minnesota Rules, part 4747.1400.
 17.31     Subd. 4.  [STANDARDS FOR APPROVAL.] In order to obtain 
 17.32  clock hour credit for a continuing education activity, the 
 17.33  activity must: 
 17.34     (1) constitute an organized program of learning; 
 17.35     (2) reasonably be expected to advance the knowledge and 
 17.36  skills of the alcohol and drug counselor; 
 18.1      (3) pertain to subjects that directly relate to the 
 18.2   practice of alcohol and drug counseling and the core functions 
 18.3   of an alcohol and drug counselor, or the rules of professional 
 18.4   conduct in Minnesota Rules, part 4747.1400; 
 18.5      (4) be conducted by individuals who have education, 
 18.6   training, and experience and are knowledgeable about the subject 
 18.7   matter; and 
 18.8      (5) be presented by a sponsor who has a system to verify 
 18.9   participation and maintains attendance records for three years, 
 18.10  unless the sponsor provides dated evidence to each participant 
 18.11  with the number of clock hours awarded.  
 18.12     Sec. 29.  Minnesota Statutes 2002, section 148C.09, is 
 18.13  amended to read: 
 18.14     148C.09 [DENIAL, SUSPENSION, OR REVOCATION OF LICENSE.] 
 18.15     Subdivision 1.  [GROUNDS.] The commissioner board may 
 18.16  refuse to grant a license to, or may suspend, revoke, or 
 18.17  restrict the license of an individual if the commissioner board 
 18.18  determines that a licensee or applicant:  
 18.19     (1) is incompetent to engage in alcohol and drug counseling 
 18.20  practice or is found to be engaged in alcohol and drug 
 18.21  counseling practice in a manner harmful or dangerous to a client 
 18.22  or the public; 
 18.23     (2) has violated this chapter or the rules of 
 18.24  the commissioner or the statutes the commissioner is empowered 
 18.25  to enforce board; or any law, rule order, stipulation and 
 18.26  consent order, agreement, or settlement; 
 18.27     (3) has obtained or attempted to obtain a license or 
 18.28  license renewal by bribery or fraudulent misrepresentation; 
 18.29     (4) has knowingly made a false statement on the form 
 18.30  required to be submitted to the commissioner board for licensing 
 18.31  or license renewal; 
 18.32     (5) has failed to obtain continuing education credits 
 18.33  required by the commissioner board; 
 18.34     (6) has failed to demonstrate the qualifications or satisfy 
 18.35  the requirements for a license contained in this chapter or 
 18.36  rules of the commissioner board.  The burden of proof shall be 
 19.1   upon the applicant to demonstrate qualifications or satisfaction 
 19.2   of requirements; 
 19.3      (7) has been convicted of a crime, including a finding or 
 19.4   verdict of guilt, an admission of guilt, or a no contest plea, 
 19.5   in any court in Minnesota or any other jurisdiction in the 
 19.6   United States, reasonably related to the provision of alcohol 
 19.7   and drug counseling services.  Conviction, as used in this 
 19.8   subdivision, includes conviction of an offense which, if 
 19.9   committed in this state, would be deemed a felony or gross 
 19.10  misdemeanor without regard to its designation elsewhere, or a 
 19.11  criminal proceeding where a finding or verdict of guilty is made 
 19.12  or returned but the adjudication of guilt is either withheld or 
 19.13  not entered; 
 19.14     (8) has been convicted of a crime against another person.  
 19.15  For purposes of this chapter, a crime against another person 
 19.16  means an offense listed in section 148B.68, subdivision 1, 
 19.17  paragraph (b); 
 19.18     (9) has failed to comply with the self-reporting 
 19.19  requirements of section 148C.095, subdivision 7; 
 19.20     (10) has engaged in sexual contact with a client, or a 
 19.21  former client, as defined in section 148A.01, or has engaged in 
 19.22  conduct that may be reasonably interpreted by a client as 
 19.23  sexual, or has engaged in any verbal behavior that is seductive 
 19.24  or sexually demeaning to the client, or has engaged in sexual 
 19.25  exploitation of a client or former client; 
 19.26     (11) has engaged in false, fraudulent, deceptive, or 
 19.27  misleading advertising; 
 19.28     (12) has engaged in conduct likely to deceive, defraud, or 
 19.29  harm the public; or has demonstrated a willful or careless 
 19.30  disregard for the health, welfare, or safety of a client; or any 
 19.31  other practice that may create unnecessary danger to any 
 19.32  client's life, health, or safety, in any of which cases, proof 
 19.33  of actual injury need not be established; 
 19.34     (13) has been adjudicated as mentally incompetent, or as a 
 19.35  person who has a psychopathic personality, or who is dangerous 
 19.36  to self, or has been adjudicated as a person who is chemically 
 20.1   dependent, mentally ill, mentally retarded, or mentally ill and 
 20.2   dangerous to the public pursuant to chapter 253B; 
 20.3      (14) is unable to provide alcohol and drug counseling 
 20.4   services with reasonable safety to clients; 
 20.5      (15) has habitually overindulged in the use of or the 
 20.6   dependence on alcohol within the past two years; 
 20.7      (16) has engaged in the improper or unauthorized personal 
 20.8   or other use of any legend drugs as defined in section 151.01, 
 20.9   any chemicals as defined in section 151.01, or any controlled 
 20.10  substance as defined in section 152.01 within the past two 
 20.11  years; 
 20.12     (17) reveals a communication from, or relating to, a client 
 20.13  except when required or permitted by law; 
 20.14     (18) fails to comply with a client's request for health 
 20.15  records made under section 144.335, or to furnish a client 
 20.16  record or report required by law; 
 20.17     (19) has engaged in fee splitting or promises to pay a 
 20.18  portion of a fee to any other professional other than for 
 20.19  services rendered by the other professional to the client; 
 20.20     (20) has engaged in abusive or fraudulent billing 
 20.21  practices, including violations of the federal Medicare and 
 20.22  Medicaid laws or state medical assistance laws; 
 20.23     (21) fails to make reports as required by section 148C.095, 
 20.24  or cooperate with an investigation of the commissioner board; 
 20.25     (22) obtains money, property, or services from a client, 
 20.26  other than reasonable fees for services provided to the client, 
 20.27  through the use of undue influence, harassment, duress, 
 20.28  deception, or fraud; 
 20.29     (23) undertakes or continues a professional relationship 
 20.30  with a client in which the objectivity of the alcohol and drug 
 20.31  counselor may be impaired; 
 20.32     (24) engages in conduct that constitutes grounds for 
 20.33  discipline as established by the commissioner board in rule; or 
 20.34     (25) engages in bartering for services with a client. 
 20.35     Subd. 1a.  [BACKGROUND INVESTIGATION.] The applicant must 
 20.36  sign a release authorizing the commissioner board to obtain 
 21.1   information from the bureau of criminal apprehension, the 
 21.2   Federal Bureau of Investigation, the office of mental health 
 21.3   practice, the department of human services, the office of health 
 21.4   facilities complaints, and other agencies specified in the 
 21.5   rules.  After the commissioner board has given written notice to 
 21.6   an individual who is the subject of a background investigation, 
 21.7   the agencies shall assist the commissioner board with the 
 21.8   investigation by giving the commissioner board criminal 
 21.9   conviction data, reports about substantiated maltreatment of 
 21.10  minors and vulnerable adults, and other information specified in 
 21.11  the rules.  The commissioner board may contract with the 
 21.12  commissioner of human services to obtain criminal history data 
 21.13  from the bureau of criminal apprehension. 
 21.14     Subd. 2.  [APPEAL; RESTORING A LICENSE.] If a license is 
 21.15  denied, suspended, restricted, or revoked, an applicant or 
 21.16  licensee may request a hearing under the contested case 
 21.17  provisions of chapter 14.  The commissioner board may, for good 
 21.18  cause demonstrated by the applicant or counselor, grant a 
 21.19  license previously refused, restore a license that has been 
 21.20  revoked, or reduce a period of suspension or restriction of a 
 21.21  license.  The commissioner board may impose any conditions or 
 21.22  limitations as the commissioner board deems reasonable.  
 21.23     Subd. 4.  [EVIDENCE.] In disciplinary actions alleging 
 21.24  violations of subdivision 1, paragraph (7), (8), (13), or (14), 
 21.25  a copy of the judgment or proceedings under the seal of the 
 21.26  court administrator or of the administrative agency that entered 
 21.27  the judgment or proceeding is admissible into evidence without 
 21.28  further authentication and constitutes prima facie evidence of 
 21.29  its contents. 
 21.30     Sec. 30.  Minnesota Statutes 2002, section 148C.091, is 
 21.31  amended to read: 
 21.32     148C.091 [DISCIPLINARY ACTIONS.] 
 21.33     Subdivision 1.  [FORMS OF DISCIPLINARY ACTION.] When 
 21.34  the commissioner board finds that an applicant or a licensed 
 21.35  alcohol and drug counselor has violated a provision or 
 21.36  provisions of sections 148C.01 to 148C.11, or rules promulgated 
 22.1   under this chapter, the commissioner board may take one or more 
 22.2   of the following actions: 
 22.3      (1) refuse to grant a license; 
 22.4      (2) revoke the license; 
 22.5      (3) suspend the license; 
 22.6      (4) impose limitations or conditions; 
 22.7      (5) impose a civil penalty not exceeding $10,000 for each 
 22.8   separate violation, the amount of the civil penalty to be fixed 
 22.9   so as to deprive the counselor of any economic advantage gained 
 22.10  by reason of the violation charged or to reimburse the 
 22.11  commissioner board for all costs of the investigation and 
 22.12  proceeding; including, but not limited to, the amount paid by 
 22.13  the commissioner board for services from the office of 
 22.14  administrative hearings, attorney fees, court reports, 
 22.15  witnesses, reproduction of records, advisory council board 
 22.16  members' per diem compensation, staff time, and expense incurred 
 22.17  by advisory council members and staff of the department board; 
 22.18     (6) order the counselor to provide uncompensated 
 22.19  professional service under supervision at a designated public 
 22.20  hospital, clinic, or other health care institution; 
 22.21     (7) censure or reprimand the counselor; or 
 22.22     (8) any other action justified by the case. 
 22.23     Subd. 2.  [DISCOVERY; SUBPOENAS.] In all matters relating 
 22.24  to the commissioner's board's investigation and enforcement 
 22.25  activities related to alcohol and drug counselors, the 
 22.26  commissioner of health board may issue subpoenas and compel the 
 22.27  attendance of witnesses and the production of all necessary 
 22.28  papers, books, records, documents, and other evidentiary 
 22.29  materials.  Any person failing or refusing to appear or testify 
 22.30  regarding any matter about which the person may be lawfully 
 22.31  questioned or failing to produce any papers, books, records, 
 22.32  documents, or other evidentiary materials in the matter to be 
 22.33  heard, after having been required by order of the commissioner 
 22.34  board or by a subpoena of the commissioner board to do so may, 
 22.35  upon application by the commissioner board to the district court 
 22.36  in any district, be ordered to comply with the order or 
 23.1   subpoena.  The commissioner board may administer oaths to 
 23.2   witnesses or take their affirmation.  Depositions may be taken 
 23.3   within or without the state in the manner provided by law for 
 23.4   the taking of depositions in civil actions.  A subpoena or other 
 23.5   process or paper may be served upon a person it names anywhere 
 23.6   within the state by any officer authorized to serve subpoenas or 
 23.7   other process or paper in civil actions in the same manner as 
 23.8   prescribed by law for service of process issued out of the 
 23.9   district court of this state. 
 23.10     Subd. 3.  [TEMPORARY SUSPENSION.] In addition to any other 
 23.11  remedy provided by law, the commissioner board may, without a 
 23.12  hearing, temporarily suspend the right of an alcohol and drug 
 23.13  counselor to practice if the commissioner board finds that the 
 23.14  counselor has violated a statute or rule that the commissioner 
 23.15  board has authority to enforce and that continued practice by 
 23.16  the practitioner would create a serious risk of harm to others.  
 23.17  The suspension takes effect upon service of a written order on 
 23.18  the practitioner specifying the statute or rule violated.  The 
 23.19  order remains in effect until the commissioner board issues a 
 23.20  final order in the matter after a hearing or upon agreement 
 23.21  between the commissioner board and the counselor.  Service of 
 23.22  the order is effective if the order is served on the counselor 
 23.23  or the counselor's attorney either personally or by first class 
 23.24  mail.  Within ten days of service of the order, the commissioner 
 23.25  board shall hold a hearing on the sole issue of whether there is 
 23.26  a reasonable basis to continue, modify, or lift the suspension.  
 23.27  Evidence presented by the commissioner board or counselor must 
 23.28  be by affidavit only.  The counselor or the counselor's attorney 
 23.29  of record may appear for oral argument.  Within five working 
 23.30  days after the hearing, the commissioner board shall issue an 
 23.31  order and, if the suspension is continued, schedule a contested 
 23.32  case hearing within 45 days after issuance of the order.  The 
 23.33  administrative law judge shall issue a report within 30 days 
 23.34  after closing of the contested case hearing record.  
 23.35  The commissioner board shall issue a final order within 30 days 
 23.36  after receipt of that report, the hearing record, and any 
 24.1   exceptions to the report filed by the parties. 
 24.2      Subd. 4.  [AUTOMATIC SUSPENSION.] The right to practice is 
 24.3   automatically suspended if (1) a guardian of an alcohol and drug 
 24.4   counselor is appointed by order of a district court under 
 24.5   sections 525.54 to 525.61, or (2) the counselor is committed by 
 24.6   order of a district court under chapter 253B.  The right to 
 24.7   practice remains suspended until the counselor is restored to 
 24.8   capacity by a court and, upon petition by the counselor, the 
 24.9   suspension is terminated by the commissioner board after a 
 24.10  hearing or upon agreement between the commissioner board and the 
 24.11  counselor. 
 24.12     Sec. 31.  Minnesota Statutes 2002, section 148C.093, is 
 24.13  amended to read: 
 24.14     148C.093 [ADDITIONAL REMEDIES.] 
 24.15     Subdivision 1.  [CEASE AND DESIST.] The commissioner board 
 24.16  may issue a cease and desist order to stop a person from 
 24.17  violating or threatening to violate a statute, rule, or order 
 24.18  which the commissioner board has issued or has authority to 
 24.19  enforce.  The cease and desist order must state the reason for 
 24.20  its issuance and give notice of the person's right to request a 
 24.21  hearing under sections 14.57 to 14.62.  If, within 15 days of 
 24.22  service of the order, the subject of the order fails to request 
 24.23  a hearing in writing, the order is the final order of the 
 24.24  commissioner board and is not reviewable by a court or agency. 
 24.25     A hearing must be initiated by the commissioner board not 
 24.26  later than 30 days from the date of the commissioner's board's 
 24.27  receipt of a written hearing request.  Within 30 days of receipt 
 24.28  of the administrative law judge's report, and any written 
 24.29  agreement or exceptions filed by the parties, the commissioner 
 24.30  board shall issue a final order modifying, vacating, or making 
 24.31  permanent the cease and desist order as the facts require.  The 
 24.32  final order remains in effect until modified or vacated by 
 24.33  the commissioner board. 
 24.34     When a request for a stay accompanies a timely hearing 
 24.35  request, the commissioner board may, in the 
 24.36  commissioner's board's discretion, grant the stay.  If 
 25.1   the commissioner board does not grant a requested stay, 
 25.2   the commissioner board shall refer the request to the office of 
 25.3   administrative hearings within three working days of receipt of 
 25.4   the request.  Within ten days after receiving the request from 
 25.5   the commissioner board, an administrative law judge shall issue 
 25.6   a recommendation to grant or deny the stay.  The commissioner 
 25.7   board shall grant or deny the stay within five working days of 
 25.8   receiving the administrative law judge's recommendation. 
 25.9      In the event of noncompliance with a cease and desist 
 25.10  order, the commissioner board may institute a proceeding in 
 25.11  district court to obtain injunctive relief or other appropriate 
 25.12  relief, including a civil penalty payable to the commissioner 
 25.13  board not exceeding $10,000 for each separate violation. 
 25.14     Subd. 2.  [INJUNCTIVE RELIEF.] In addition to any other 
 25.15  remedy provided by law, including the issuance of a cease and 
 25.16  desist order under subdivision 1, the commissioner board may in 
 25.17  the commissioner's board's own name bring an action in district 
 25.18  court for injunctive relief to restrain an alcohol and drug 
 25.19  counselor from a violation or threatened violation of any 
 25.20  statute, rule, or order which the commissioner board has 
 25.21  authority to administer, enforce, or issue. 
 25.22     Subd. 3.  [ADDITIONAL POWERS.] The issuance of a cease and 
 25.23  desist order or injunctive relief granted under this section 
 25.24  does not relieve a counselor from criminal prosecution by a 
 25.25  competent authority or from disciplinary action by the 
 25.26  commissioner board. 
 25.27     Sec. 32.  Minnesota Statutes 2002, section 148C.095, is 
 25.28  amended to read: 
 25.29     148C.095 [REPORTING OBLIGATIONS.] 
 25.30     Subdivision 1.  [PERMISSION TO REPORT.] A person who has 
 25.31  knowledge of any conduct constituting grounds for disciplinary 
 25.32  action relating to the practice of alcohol and drug counseling 
 25.33  under this chapter may report the violation to the 
 25.34  commissioner board. 
 25.35     Subd. 2.  [INSTITUTIONS.] A state agency, political 
 25.36  subdivision, agency of a local unit of government, private 
 26.1   agency, hospital, clinic, prepaid medical plan, or other health 
 26.2   care institution or organization located in this state shall 
 26.3   report to the commissioner board any action taken by the agency, 
 26.4   institution, or organization or any of its administrators or 
 26.5   medical or other committees to revoke, suspend, restrict, or 
 26.6   condition an alcohol and drug counselor's privilege to practice 
 26.7   or treat patients or clients in the institution, or as part of 
 26.8   the organization, any denial of privileges, or any other 
 26.9   disciplinary action for conduct that might constitute grounds 
 26.10  for disciplinary action by the commissioner board under this 
 26.11  chapter.  The institution, organization, or governmental entity 
 26.12  shall also report the resignation of any alcohol and drug 
 26.13  counselors before the conclusion of any disciplinary action 
 26.14  proceeding for conduct that might constitute grounds for 
 26.15  disciplinary action under this chapter, or before the 
 26.16  commencement of formal charges but after the practitioner had 
 26.17  knowledge that formal charges were contemplated or were being 
 26.18  prepared. 
 26.19     Subd. 3.  [PROFESSIONAL SOCIETIES.] A state or local 
 26.20  professional society for alcohol and drug counselors shall 
 26.21  report to the commissioner board any termination, revocation, or 
 26.22  suspension of membership or any other disciplinary action taken 
 26.23  against an alcohol and drug counselor.  If the society has 
 26.24  received a complaint that might be grounds for discipline under 
 26.25  this chapter against a member on which it has not taken any 
 26.26  disciplinary action, the society shall report the complaint and 
 26.27  the reason why it has not taken action on it or shall direct the 
 26.28  complainant to the commissioner board. 
 26.29     Subd. 4.  [LICENSED PROFESSIONALS.] A licensed health 
 26.30  professional shall report to the commissioner board personal 
 26.31  knowledge of any conduct that the licensed health professional 
 26.32  reasonably believes constitutes grounds for disciplinary action 
 26.33  under this chapter by an alcohol and drug counselor, including 
 26.34  conduct indicating that the individual may be medically 
 26.35  incompetent, or may be medically or physically unable to engage 
 26.36  safely in the provision of services.  If the information was 
 27.1   obtained in the course of a client relationship, the client is 
 27.2   an alcohol and drug counselor, and the treating individual 
 27.3   successfully counsels the alcohol and drug counselor to limit or 
 27.4   withdraw from practice to the extent required by the impairment, 
 27.5   the commissioner board may deem this limitation of or withdrawal 
 27.6   from practice to be sufficient disciplinary action. 
 27.7      Subd. 5.  [INSURERS.] Each insurer authorized to sell 
 27.8   insurance described in section 60A.06, subdivision 1, clause 
 27.9   (13), and providing professional liability insurance to alcohol 
 27.10  and drug counselors or the medical joint underwriting 
 27.11  association under chapter 62F, shall submit to the 
 27.12  commissioner board quarterly reports concerning the alcohol and 
 27.13  drug counselors against whom malpractice settlements and awards 
 27.14  have been made.  The report must contain at least the following 
 27.15  information: 
 27.16     (1) the total number of malpractice settlements or awards 
 27.17  made; 
 27.18     (2) the date the malpractice settlements or awards were 
 27.19  made; 
 27.20     (3) the allegations contained in the claim or complaint 
 27.21  leading to the settlements or awards made; 
 27.22     (4) the dollar amount of each settlement or award; 
 27.23     (5) the address of the practice of the alcohol and drug 
 27.24  counselor against whom an award was made or with whom a 
 27.25  settlement was made; and 
 27.26     (6) the name of the alcohol and drug counselor against whom 
 27.27  an award was made or with whom a settlement was made. 
 27.28     The insurance company shall, in addition to the above 
 27.29  information, submit to the commissioner board any information, 
 27.30  records, and files, including clients' charts and records, it 
 27.31  possesses that tend to substantiate a charge that a licensed 
 27.32  alcohol and drug counselor may have engaged in conduct violating 
 27.33  this chapter. 
 27.34     Subd. 6.  [SELF-REPORTING.] An alcohol and drug counselor 
 27.35  shall report to the commissioner board any personal action that 
 27.36  would require that a report be filed with the commissioner board 
 28.1   by any person, health care facility, business, or organization 
 28.2   under subdivisions 2 to 5.  The alcohol and drug counselor shall 
 28.3   also report the revocation, suspension, restriction, limitation, 
 28.4   or other disciplinary action in this state and report the filing 
 28.5   of charges regarding the practitioner's license or right of 
 28.6   practice in another state or jurisdiction. 
 28.7      Subd. 7.  [DEADLINES; FORMS.] Reports required by 
 28.8   subdivisions 2 to 6 must be submitted no later than 30 days 
 28.9   after the reporter learns of the occurrence of the reportable 
 28.10  event or transaction.  The commissioner board may provide forms 
 28.11  for the submission of the reports required by this section, may 
 28.12  require that reports be submitted on the forms provided, and may 
 28.13  adopt rules necessary to assure prompt and accurate reporting. 
 28.14     Sec. 33.  Minnesota Statutes 2002, section 148C.099, is 
 28.15  amended to read: 
 28.16     148C.099 [INVESTIGATIONS; PROFESSIONAL COOPERATION; 
 28.17  EXCHANGING INFORMATION.] 
 28.18     Subdivision 1.  [COOPERATION.] An alcohol and drug 
 28.19  counselor who is the subject of an investigation, or who is 
 28.20  questioned in connection with an investigation, by or on behalf 
 28.21  of the commissioner board, shall cooperate fully with the 
 28.22  investigation.  Cooperation includes responding fully to any 
 28.23  question raised by or on behalf of the commissioner board 
 28.24  relating to the subject of the investigation whether tape 
 28.25  recorded or not.  Challenges to requests of the commissioner 
 28.26  board may be brought before the appropriate agency or court. 
 28.27     Subd. 2.  [EXCHANGING INFORMATION.] (a) The 
 28.28  commissioner board shall establish internal operating procedures 
 28.29  for: 
 28.30     (1) exchanging information with state boards; agencies, 
 28.31  including the office of ombudsman for mental health and mental 
 28.32  retardation; health-related and law enforcement facilities; 
 28.33  departments responsible for licensing health-related 
 28.34  occupations, facilities, and programs; and law enforcement 
 28.35  personnel in this and other states; and 
 28.36     (2) coordinating investigations involving matters within 
 29.1   the jurisdiction of more than one regulatory agency. 
 29.2      (b) The procedures for exchanging information must provide 
 29.3   for forwarding to an entity described in paragraph (a), clause 
 29.4   (1), any information or evidence, including the results of 
 29.5   investigations, that is relevant to matters within the 
 29.6   regulatory jurisdiction of that entity.  The data have the same 
 29.7   classification in the possession of the agency receiving the 
 29.8   data as they have in the possession of the agency providing the 
 29.9   data. 
 29.10     (c) The commissioner board shall establish procedures for 
 29.11  exchanging information with other states regarding disciplinary 
 29.12  action against alcohol and drug counselors. 
 29.13     (d) The commissioner board shall forward to another 
 29.14  governmental agency any complaints received by the commissioner 
 29.15  board that do not relate to the commissioner's board's 
 29.16  jurisdiction but that relate to matters within the jurisdiction 
 29.17  of the other governmental agency.  The agency to which a 
 29.18  complaint is forwarded shall advise the commissioner board of 
 29.19  the disposition of the complaint.  A complaint or other 
 29.20  information received by another governmental agency relating to 
 29.21  a statute or rule that the commissioner board is empowered to 
 29.22  enforce must be forwarded to the commissioner board to be 
 29.23  processed according to this section. 
 29.24     (e) The commissioner board shall furnish to a person who 
 29.25  made a complaint a description of the actions of 
 29.26  the commissioner board relating to the complaint. 
 29.27     Sec. 34.  Minnesota Statutes 2002, section 148C.10, 
 29.28  subdivision 1, is amended to read: 
 29.29     Subdivision 1.  [PRACTICE.] After the commissioner adopts 
 29.30  rules, No individual person, other than those individuals 
 29.31  exempted under section 148C.11, shall engage in alcohol and drug 
 29.32  counseling practice unless that individual holds a valid license 
 29.33  without first being licensed under this chapter as an a tier I 
 29.34  or a tier II alcohol and drug counselor.  For purposes of this 
 29.35  chapter, an individual engages in the practice of alcohol and 
 29.36  drug counseling if the individual performs or offers to perform 
 30.1   alcohol and drug counseling services as defined in section 
 30.2   148C.01, subdivision 10, or if the individual is held out as 
 30.3   able to perform those services.  
 30.4      Sec. 35.  Minnesota Statutes 2002, section 148C.10, 
 30.5   subdivision 2, is amended to read: 
 30.6      Subd. 2.  [USE OF TITLES.] After the commissioner adopts 
 30.7   rules, No individual person shall present themselves or any 
 30.8   other individual to the public by any title incorporating the 
 30.9   words "licensed alcohol and drug counselor" or otherwise hold 
 30.10  themselves out to the public by any title or description stating 
 30.11  or implying that they are licensed or otherwise qualified to 
 30.12  practice alcohol and drug counseling unless that individual 
 30.13  holds a valid license.  City, county, and state agency alcohol 
 30.14  and drug counselors who are not licensed under sections 148C.01 
 30.15  to 148C.11 may use the title "city agency alcohol and drug 
 30.16  counselor," "county agency alcohol and drug counselor," or 
 30.17  "state agency alcohol and drug counselor."  Hospital alcohol and 
 30.18  drug counselors who are not licensed under sections 148C.01 to 
 30.19  148C.11 may use the title "hospital alcohol and drug counselor" 
 30.20  while acting within the scope of their employment Persons issued 
 30.21  a trainee permit must use titles consistent with section 
 30.22  148C.04, subdivision 6, paragraph (c). 
 30.23     Sec. 36.  Minnesota Statutes 2002, section 148C.11, is 
 30.24  amended to read: 
 30.25     148C.11 [EXCEPTIONS TO LICENSE REQUIREMENT.] 
 30.26     Subdivision 1.  [OTHER PROFESSIONALS.] (a) Nothing in 
 30.27  sections 148C.01 to 148C.10 shall prevent this chapter prevents 
 30.28  members of other professions or occupations from performing 
 30.29  functions for which they are qualified or licensed.  This 
 30.30  exception includes, but is not limited to, licensed physicians, 
 30.31  registered nurses, licensed practical nurses, licensed 
 30.32  psychological practitioners, members of the clergy, American 
 30.33  Indian medicine men and women, licensed attorneys, probation 
 30.34  officers, licensed marriage and family therapists, licensed 
 30.35  social workers, licensed professional counselors, licensed 
 30.36  school counselors, and registered occupational therapists or 
 31.1   occupational therapy assistants. 
 31.2      (b) Nothing in this chapter prohibits technicians and 
 31.3   resident managers in programs licensed by the department of 
 31.4   human services from discharging their duties as provided in 
 31.5   Minnesota Rules, chapter 9530.  
 31.6      (c) Any person who is exempt under this section but who 
 31.7   elects to obtain a license under this chapter is subject to this 
 31.8   chapter to the same extent as other licensees.  
 31.9      (d) These persons must not, however, use a title 
 31.10  incorporating the words "alcohol and drug counselor" or 
 31.11  "licensed alcohol and drug counselor" or otherwise hold 
 31.12  themselves out to the public by any title or description stating 
 31.13  or implying that they are engaged in the practice of alcohol and 
 31.14  drug counseling, or that they are licensed to engage in the 
 31.15  practice of alcohol and drug counseling.  Persons engaged in the 
 31.16  practice of alcohol and drug counseling are not exempt from 
 31.17  the commissioner's board's jurisdiction solely by the use of one 
 31.18  of the above titles. 
 31.19     Subd. 2.  [STUDENTS.] Nothing in sections 148C.01 to 
 31.20  148C.10 shall prevent students enrolled in an accredited school 
 31.21  of alcohol and drug counseling from engaging in the practice of 
 31.22  alcohol and drug counseling while under qualified supervision in 
 31.23  an accredited school of alcohol and drug counseling.  
 31.24     Subd. 3.  [FEDERALLY RECOGNIZED TRIBES; ETHNIC MINORITIES.] 
 31.25  (a) Alcohol and drug counselors licensed to practice alcohol and 
 31.26  drug counseling according to standards established by federally 
 31.27  recognized tribes, while practicing under tribal jurisdiction, 
 31.28  are exempt from the requirements of this chapter.  In practicing 
 31.29  alcohol and drug counseling under tribal jurisdiction, 
 31.30  individuals licensed under that authority shall be afforded the 
 31.31  same rights, responsibilities, and recognition as persons 
 31.32  licensed pursuant to this chapter. 
 31.33     (b) The commissioner board shall develop special licensing 
 31.34  criteria for issuance of a license to alcohol and drug 
 31.35  counselors who:  (1) practice alcohol and drug counseling with a 
 31.36  member of an ethnic minority population or with a person with a 
 32.1   disability as defined by rule; or (2) are employed by agencies 
 32.2   whose primary agency service focus addresses ethnic minority 
 32.3   populations or persons with a disability as defined by rule.  
 32.4   These licensing criteria may differ from the licensing 
 32.5   criteria requirements specified in section 148C.04.  To develop, 
 32.6   implement, and evaluate the effect of these criteria, 
 32.7   the commissioner board shall establish a committee comprised of, 
 32.8   but not limited to, representatives from the Minnesota 
 32.9   commission serving deaf and hard-of-hearing people, the council 
 32.10  on affairs of Chicano/Latino people, the council on 
 32.11  Asian-Pacific Minnesotans, the council on Black Minnesotans, the 
 32.12  council on disability, and the Indian affairs council.  The 
 32.13  committee does not expire. 
 32.14     (c) The commissioner board shall issue a license to an 
 32.15  applicant who (1) is an alcohol and drug counselor who is exempt 
 32.16  under paragraph (a) from the requirements of this chapter; (2) 
 32.17  has at least 2,000 hours of alcohol and drug counselor 
 32.18  experience as defined by the core functions; and (3) meets the 
 32.19  licensing requirements that are in effect on the date of 
 32.20  application under section 148C.04, subdivision 3 or 4, except 
 32.21  the written case presentation and oral examination component 
 32.22  under section 148C.04, subdivision 3, clause (2), or 4, clause 
 32.23  (1), item (ii).  When applying for a license under this 
 32.24  paragraph, an applicant must follow the procedures for admission 
 32.25  to licensure specified under section 148C.0351.  A person who 
 32.26  receives a license under this paragraph must complete the 
 32.27  written case presentation and satisfactorily pass the oral 
 32.28  examination component under section 148C.04, subdivision 3, 
 32.29  clause (2), or 4, clause (1), item (ii), at the earliest 
 32.30  available opportunity after the commissioner board begins 
 32.31  administering oral examinations.  The commissioner board may 
 32.32  suspend or restrict a person's license according to section 
 32.33  148C.09 if the person fails to complete the written case 
 32.34  presentation and satisfactorily pass the oral examination.  This 
 32.35  paragraph expires July 1, 2004. 
 32.36     Subd. 4.  [HOSPITAL ALCOHOL AND DRUG COUNSELORS.] The 
 33.1   licensing of hospital alcohol and drug counselors shall be 
 33.2   voluntary, while the counselor is employed by the hospital.  
 33.3   Effective January 1, 2005, hospitals employing alcohol and drug 
 33.4   counselors shall not be required to employ licensed alcohol and 
 33.5   drug counselors, nor shall they require their alcohol and drug 
 33.6   counselors to be licensed, however, nothing in this chapter will 
 33.7   prohibit hospitals from requiring their counselors to be 
 33.8   eligible for licensure.  An alcohol or drug counselor employed 
 33.9   by a hospital must be licensed as either a tier I or tier II 
 33.10  alcohol and drug counselor.  
 33.11     Subd. 5.  [CITY, COUNTY, AND STATE AGENCY ALCOHOL AND DRUG 
 33.12  COUNSELORS.] The licensing of city, county, and state agency 
 33.13  alcohol and drug counselors shall be voluntary, while the 
 33.14  counselor is employed by the city, county, or state agency.  
 33.15  Effective January 1, 2005, city, county, and state agencies 
 33.16  employing alcohol and drug counselors shall not be required to 
 33.17  employ licensed alcohol and drug counselors, nor shall they 
 33.18  require their drug and alcohol counselors to be licensed.  An 
 33.19  alcohol and drug counselor employed by a city, county, or state 
 33.20  agency must be licensed as either a tier I or tier II alcohol 
 33.21  and drug counselor.  
 33.22     Subd. 6.  [TRANSITION PERIOD.] For the period between July 
 33.23  1, 2003, and January 1, 2005, the board shall grant a tier I 
 33.24  license to an individual who has been employed as an alcohol and 
 33.25  drug counselor at a hospital or a city, county, or state agency 
 33.26  without licensure in accordance with subdivision 4 or 5, if the 
 33.27  individual:  
 33.28     (1) has 8,000 hours of alcohol and drug counselor work 
 33.29  experience; 
 33.30     (2) has 270 clock hours of alcohol and drug counselor 
 33.31  training with documentation that a minimum of 60 clock hours of 
 33.32  the training occurred within the last five years; and 
 33.33     (3) meets the requirements in section 148C.0351.  
 33.34     Sec. 37.  [148C.12] [FEES.] 
 33.35     Subdivision 1.  [APPLICATION FEE.] The application fee is 
 33.36  $295.  
 34.1      Subd. 2.  [BIENNIAL RENEWAL FEE.] The license renewal fee 
 34.2   is $295.  If the commissioner changes the renewal schedule and 
 34.3   the expiration date is less than two years, the fee must be 
 34.4   prorated.  
 34.5      Subd. 3.  [TEMPORARY PERMIT FEE.] The initial fee for 
 34.6   applicants under section 148C.04, subdivision 6, paragraph (a), 
 34.7   is $100.  The fee for annual renewal of a temporary permit is 
 34.8   $100.  
 34.9      Subd. 4.  [EXAMINATION FEE.] The examination fee for the 
 34.10  written examination is $95 and for the oral examination is $200. 
 34.11     Subd. 5.  [INACTIVE RENEWAL FEE.] The inactive renewal fee 
 34.12  is $150.  
 34.13     Subd. 6.  [LATE FEE.] The late fee is 25 percent of the 
 34.14  biennial renewal fee, the inactive renewal fee, or the annual 
 34.15  fee for renewal of temporary practice status.  
 34.16     Subd. 7.  [FEE TO RENEW AFTER EXPIRATION OF LICENSE.] The 
 34.17  fee for renewal of a license that has expired is the total of 
 34.18  the biennial renewal fee, the late fee, and a fee of $100 for 
 34.19  review and approval of the continuing education report.  
 34.20     Subd. 8.  [FEE FOR LICENSE VERIFICATIONS.] The fee for 
 34.21  license verification to institutions and other jurisdictions is 
 34.22  $25.  
 34.23     Subd. 9.  [SURCHARGE FEE.] Notwithstanding section 
 34.24  16A.1285, subdivision 2, a surcharge of $99 shall be paid at the 
 34.25  time of application for or renewal of an alcohol and drug 
 34.26  counselor license until June 30, 2013.  
 34.27     Subd. 10.  [ADDITIONAL FEE FOR RENEWAL FOLLOWING LAPSE IN 
 34.28  LICENSING STATUS.] Renewal applications received after the 
 34.29  expiration date of the license shall include an amount equal to 
 34.30  50 percent of the biennial renewal fee, plus the late fee.  
 34.31     Subd. 11.  [NONREFUNDABLE FEES.] All fees are nonrefundable.
 34.32     Sec. 38.  [REVISOR'S INSTRUCTION.] 
 34.33     The revisor of statutes shall change the term "commissioner"
 34.34  to "board" and add a definition of "board" as defined in 
 34.35  Minnesota Statutes, section 148C.01, subdivision 2e, to 
 34.36  Minnesota Rules, chapter 4747.  
 35.1      Sec. 39.  [REPEALER.] 
 35.2      (a) Minnesota Statutes 2002, sections 148C.01, subdivision 
 35.3   6; 148C.0351, subdivision 2; 148C.05, subdivisions 2, 3, and 4; 
 35.4   148C.06; and 148C.10, subdivision 1a, are repealed.  
 35.5      (b) Minnesota Rules, parts 4747.0030, subparts 25, 28, and 
 35.6   30; 4747.0040, subpart 3, item A; 4747.0060, subpart 1, items A, 
 35.7   B, and D; 4747.0070, subparts 4 and 5; 4747.0080; 4747.0090; 
 35.8   4747.0100; 4747.0300; 4747.0400, subparts 2 and 3; 4747.0500; 
 35.9   4747.0600; 4747.1000; 4747.1100, subparts 2 and 3; and 
 35.10  4747.1600, are repealed.