SF 2474

as introduced - 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 148.515, 
  1.7             subdivision 3; 148.517, by adding a subdivision; 
  1.8             148.518, subdivision 2; 148.5193, subdivisions 1, 2, 
  1.9             4, 6, and by adding a subdivision; 148B.60, 
  1.10            subdivision 3; 148B.68, subdivision 1; 148B.69, by 
  1.11            adding a subdivision; 148B.71, subdivision 1; 148C.01, 
  1.12            subdivisions 2, 7, 9, 10, and by adding a subdivision; 
  1.13            148C.03, subdivision 1; 148C.04, by adding 
  1.14            subdivisions; 148C.06, subdivision 1; 148C.09, 
  1.15            subdivisions 1 and 1a; 148C.11, subdivision 1; 
  1.16            153A.13, subdivision 9, and by adding subdivisions; 
  1.17            153A.14, subdivisions 1, 2a, 2h, 4, 4a, and by adding 
  1.18            subdivisions; and 153A.15, subdivision 1; repealing 
  1.19            Minnesota Statutes 1998, sections 148.5193, 
  1.20            subdivisions 3 and 5; and 148C.04, subdivision 5. 
  1.21  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.22     Section 1.  Minnesota Statutes 1998, section 148.515, 
  1.23  subdivision 3, is amended to read: 
  1.24     Subd. 3.  [SUPERVISED CLINICAL TRAINING REQUIRED.] (a) An 
  1.25  applicant must complete at least 375 hours of supervised 
  1.26  clinical training as a student that meets the requirements of 
  1.27  paragraphs (b) to (f).  
  1.28     (b) The supervised clinical training must be provided by 
  1.29  the educational institution or by one of its cooperating 
  1.30  programs.  
  1.31     (c) The first 25 hours of the supervised clinical training 
  1.32  must be spent in clinical observation.  Those 25 hours must 
  1.33  concern the evaluation and treatment of children and adults with 
  2.1   disorders of speech, language, or hearing.  
  2.2      (d) All applicants must complete at least 350 hours of 
  2.3   supervised clinical training that concern the evaluation and 
  2.4   treatment of children and adults with disorders of speech, 
  2.5   language, and hearing.  At least 250 of the 350 hours must be at 
  2.6   the graduate level in the area in which registration is sought.  
  2.7   At least 50 hours must be spent in each of three types of 
  2.8   clinical settings including, but not limited to, university 
  2.9   clinics, hospitals, private clinics, and schools, including 
  2.10  secondary and elementary.  
  2.11     (e) An applicant seeking registration as a speech-language 
  2.12  pathologist must: 
  2.13     (1) obtain 250 of the 350 supervised hours in 
  2.14  speech-language pathology; 
  2.15     (2) complete a minimum of 20 hours of the 250 hours in each 
  2.16  of the following eight categories: 
  2.17     (i) evaluation:  speech disorders in children; 
  2.18     (ii) evaluation:  speech disorders in adults; 
  2.19     (iii) evaluation:  language disorders in children; 
  2.20     (iv) evaluation:  language disorders in adults; 
  2.21     (v) treatment:  speech disorders in children; 
  2.22     (vi) treatment:  speech disorders in adults; 
  2.23     (vii) treatment:  language disorders in children; and 
  2.24     (viii) treatment:  language disorders in adults; 
  2.25     (3) complete a minimum of 35 hours in audiology including:  
  2.26     (i) 15 hours in the evaluation or screening of individuals 
  2.27  with hearing disorders; and 
  2.28     (ii) 15 hours in habilitation or rehabilitation of 
  2.29  individuals with hearing impairment 20 of the 350 hours in 
  2.30  audiology; and 
  2.31     (4) obtain no more than 20 hours in the major professional 
  2.32  area that are in related disorders.  
  2.33     (f) An applicant seeking registration as an audiologist 
  2.34  must: 
  2.35     (1) obtain 250 of the 350 hours in audiology; 
  2.36     (2) complete a minimum of 40 hours in each of the following 
  3.1   four categories of the 250 hours in each of the first two of the 
  3.2   following categories, complete at least 80 hours in categories 
  3.3   (iii) and (iv), with at least ten hours in each of categories 
  3.4   (i) to (iv), and complete at least 20 hours in category (v): 
  3.5      (i) evaluation:  hearing in children; 
  3.6      (ii) evaluation:  hearing in adults; 
  3.7      (iii) selection and use:  amplification and assistive 
  3.8   devices for children; and 
  3.9      (iv) selection and use:  amplification and assistive 
  3.10  devices for adults; and 
  3.11     (v) treatment:  hearing disorders in children and adults; 
  3.12     (3) complete a minimum of 20 hours in the category of the 
  3.13  treatment of hearing disorders in children and adults; 
  3.14     (4) complete a minimum of 35 hours 20 of the 350 hours in 
  3.15  speech-language pathology unrelated to hearing impairment as 
  3.16  follows:  
  3.17     (i) 15 hours in evaluation or screening; and 
  3.18     (ii) 15 hours in treatment; and 
  3.19     (5) (4) obtain no more than 20 hours in the major 
  3.20  professional area that are in related disorders.  
  3.21     Sec. 2.  Minnesota Statutes 1998, section 148.517, is 
  3.22  amended by adding a subdivision to read: 
  3.23     Subd. 4.  [TEMPORARY REGISTRATION.] (a) The commissioner 
  3.24  shall issue temporary registration as a speech-language 
  3.25  pathologist, an audiologist, or both, to an applicant who has 
  3.26  applied for registration under this section and who: 
  3.27     (1) submits a signed and dated affidavit stating that the 
  3.28  applicant is not the subject of a disciplinary action or past 
  3.29  disciplinary action in this or another jurisdiction and is not 
  3.30  disqualified on the basis of section 148.5195, subdivision 3; 
  3.31  and 
  3.32     (2) either: 
  3.33     (i) provides a copy of a current credential as a 
  3.34  speech-language pathologist, an audiologist, or both, held in 
  3.35  the District of Columbia or a state or territory of the United 
  3.36  States; or 
  4.1      (ii) provides a copy of a current certificate of clinical 
  4.2   competence issued by the American Speech-Language-Hearing 
  4.3   Association or its equivalent. 
  4.4      (b) A temporary registration issued to a person under this 
  4.5   subdivision expires 90 days after it is issued or on the date 
  4.6   the commissioner grants or denies registration, whichever occurs 
  4.7   first.  
  4.8      (c) Upon application, a temporary registration shall be 
  4.9   renewed once to a person who is able to demonstrate good cause 
  4.10  for failure to meet the requirements for registration within the 
  4.11  initial temporary registration period and who is not the subject 
  4.12  of a disciplinary action or disqualified on the basis of section 
  4.13  148.5195, subdivision 3. 
  4.14     Sec. 3.  Minnesota Statutes 1998, section 148.518, 
  4.15  subdivision 2, is amended to read: 
  4.16     Subd. 2.  [LAPSE OF MORE THAN THREE YEARS.] For an 
  4.17  applicant whose registered status has lapsed for more than three 
  4.18  years, the applicant must:  
  4.19     (1) apply for registration renewal according to section 
  4.20  148.5191 and obtain a qualifying score on the examination 
  4.21  described in section 148.515, subdivision 5, within one year of 
  4.22  the application date for registration renewal; or 
  4.23     (2) apply for renewal according to section 148.5191, 
  4.24  provide evidence to the commissioner that the applicant holds a 
  4.25  current and unrestricted credential for the practice of 
  4.26  speech-language pathology from the Minnesota board of teaching 
  4.27  or for the practice of speech-language pathology or audiology in 
  4.28  another jurisdiction that has requirements equivalent to or 
  4.29  higher than those in effect for Minnesota and provide evidence 
  4.30  of compliance with Minnesota board of teaching or that 
  4.31  jurisdiction's continuing education requirements.; 
  4.32     (3) apply for renewal according to section 148.5191 and 
  4.33  submit documentation of having completed a combination of 
  4.34  speech-language pathology or audiology courses or a 
  4.35  speech-language pathology or audiology refresher program that 
  4.36  contains both a theoretical and clinical component preapproved 
  5.1   or approved by the commissioner.  Only courses completed within 
  5.2   one year preceding the date of the application or one year after 
  5.3   the date of the application will qualify for approval; or 
  5.4      (4) apply for renewal according to section 148.5191 and 
  5.5   submit proof of successful completion and verified documentation 
  5.6   of 160 hours of supervised practice approved by the 
  5.7   commissioner.  To participate in a supervised practice, the 
  5.8   applicant shall first apply and obtain temporary registration 
  5.9   according to section 148.5161. 
  5.10     Sec. 4.  Minnesota Statutes 1998, section 148.5193, 
  5.11  subdivision 1, is amended to read: 
  5.12     Subdivision 1.  [NUMBER OF CONTACT HOURS REQUIRED.] (a) An 
  5.13  applicant for registration renewal must meet the requirements 
  5.14  for continuing education according to paragraphs (b) to (e).  
  5.15     (b) An applicant for registration renewal as either a 
  5.16  speech-language pathologist or an audiologist must provide 
  5.17  evidence to the commissioner of a minimum of 30 contact hours of 
  5.18  continuing education offered by an approved a continuing 
  5.19  education sponsor within the two years immediately preceding 
  5.20  registration renewal.  A minimum of 20 contact hours of 
  5.21  continuing education must be directly related to the 
  5.22  registrant's area of registration.  Ten contact hours of 
  5.23  continuing education may be in areas generally related to the 
  5.24  registrant's area of registration.  
  5.25     (c) An applicant for registration renewal as both a 
  5.26  speech-language pathologist and an audiologist must attest to 
  5.27  and document completion of a minimum of 36 contact hours of 
  5.28  continuing education offered by an approved a continuing 
  5.29  education sponsor within the two years immediately preceding 
  5.30  registration renewal.  A minimum of 15 contact hours must be 
  5.31  received in the area of speech-language pathology and a minimum 
  5.32  of 15 contact hours must be received in the area of audiology.  
  5.33  Six contact hours of continuing education may be in areas 
  5.34  generally related to the registrant's areas of registration.  
  5.35     (d) If the registrant is licensed by the board of teaching: 
  5.36     (1) activities that are approved in the categories of 
  6.1   Minnesota Rules, part 8700.1000, subpart 3, items A and B, and 
  6.2   that relate to speech-language pathology, shall be considered: 
  6.3      (i) offered by an approved a sponsor of continuing 
  6.4   education; and 
  6.5      (ii) directly related to speech-language pathology; 
  6.6      (2) activities that are approved in the categories of 
  6.7   Minnesota Rules, part 8700.1000, subpart 3, shall be considered: 
  6.8      (i) offered by an approved a sponsor of continuing 
  6.9   education; and 
  6.10     (ii) generally related to speech-language pathology; and 
  6.11     (3) one clock hour as defined in Minnesota Rules, part 
  6.12  8700.1000, subpart 1, is equivalent to 1.2 contact hours of 
  6.13  continuing education.  
  6.14     (e) Contact hours cannot be accumulated in advance and 
  6.15  transferred to a future continuing education period.  
  6.16     Sec. 5.  Minnesota Statutes 1998, section 148.5193, 
  6.17  subdivision 2, is amended to read: 
  6.18     Subd. 2.  [PREAPPROVED CONTINUING EDUCATION PROVIDED BY 
  6.19  SPONSORS.] The commissioner will accept continuing 
  6.20  education approved or sponsored by the Minnesota department of 
  6.21  health, the Minnesota Speech-Language-Hearing Association, the 
  6.22  American Speech-Language-Hearing Association, the American 
  6.23  Academy of Audiology, the Minnesota Academy of Audiology, the 
  6.24  Academy of Rehabilitative Audiologists, the Acoustical Society 
  6.25  of America, Twin Cities Clinical Speech-Language Pathologists, 
  6.26  Minnesota Foundation for Acoustical Education and Research, or 
  6.27  universities accredited by the American Speech-Language-Hearing 
  6.28  Association.  provided by sponsors if the continuing education 
  6.29  activity meets the following standards:  
  6.30     (1) constitutes an organized program of learning; 
  6.31     (2) reasonably expects to advance the knowledge and skills 
  6.32  of the speech-language pathologist or audiologist; 
  6.33     (3) pertains to subjects that relate to the practice of 
  6.34  speech-language pathology or audiology; 
  6.35     (4) is conducted by individuals who have education, 
  6.36  training, and experience by reason of which said individuals 
  7.1   should be considered experts concerning the subject matter of 
  7.2   the activity; and 
  7.3      (5) is presented by a sponsor who has a mechanism to verify 
  7.4   participation and maintains attendance records for four years. 
  7.5      Sec. 6.  Minnesota Statutes 1998, section 148.5193, 
  7.6   subdivision 4, is amended to read: 
  7.7      Subd. 4.  [EARNING CONTINUING EDUCATION CONTACT HOURS 
  7.8   THROUGH CONTACT HOUR EQUIVALENTS.] (a) A registrant who teaches 
  7.9   continuing education courses may obtain contact hour equivalents 
  7.10  according to paragraphs (b) to (d). 
  7.11     (b) The sponsor of the course must be approved by the 
  7.12  commissioner meet the requirements of subdivision 2.  
  7.13     (c) A registrant may not obtain more than six contact hours 
  7.14  in any two-year continuing education period by teaching 
  7.15  continuing education courses.  
  7.16     (d) A registrant may obtain two contact hours for each hour 
  7.17  spent teaching a course if the course is sponsored by an 
  7.18  approved continuing education sponsor.  Contact hours may be 
  7.19  claimed only once for teaching the same course in any two-year 
  7.20  continuing education period.  
  7.21     Sec. 7.  Minnesota Statutes 1998, section 148.5193, 
  7.22  subdivision 6, is amended to read: 
  7.23     Subd. 6.  [EVIDENCE RECORDS OF ATTENDANCE.] (a) A 
  7.24  registrant must maintain for four years records of attending the 
  7.25  continuing education contact hours required for registration 
  7.26  renewal.  
  7.27     (b) An applicant for registration renewal must submit the 
  7.28  following information on a form provided by the commissioner:  
  7.29  the sponsoring organization, the dates of the course, the course 
  7.30  name, the number of contact hours completed, and the name and 
  7.31  signature of the registrant.  The form must be submitted with 
  7.32  the renewal application under section 148.5191, subdivision 1.  
  7.33     Sec. 8.  Minnesota Statutes 1998, section 148.5193, is 
  7.34  amended by adding a subdivision to read: 
  7.35     Subd. 6a.  [VERIFICATION OF ATTENDANCE.] An applicant for 
  7.36  registration renewal must submit verification of attendance as 
  8.1   follows: 
  8.2      (1) a certificate of attendance from the sponsor with the 
  8.3   continuing education course name, course date, and registrant's 
  8.4   name; 
  8.5      (2) a copy of a record of attendance from the sponsor of 
  8.6   the continuing education course; 
  8.7      (3) a signature of the presenter or a designee at the 
  8.8   continuing education activity on the continuing education report 
  8.9   form; 
  8.10     (4) a summary or outline of the educational content of an 
  8.11  audio or video educational activity if a designee is not 
  8.12  available to sign the continuing education report form; 
  8.13     (5) for self-study programs, a certificate of completion or 
  8.14  other documentation indicating that the individual has 
  8.15  demonstrated knowledge and has successfully completed the 
  8.16  program; and 
  8.17     (6) for attendance at a university, college, or vocational 
  8.18  course, an official transcript. 
  8.19     Sec. 9.  Minnesota Statutes 1998, section 148B.60, 
  8.20  subdivision 3, is amended to read: 
  8.21     Subd. 3.  [UNLICENSED MENTAL HEALTH PRACTITIONER OR 
  8.22  PRACTITIONER.] "Unlicensed mental health practitioner" or 
  8.23  "practitioner" means a person who provides or purports to 
  8.24  provide, for remuneration, mental health services as defined in 
  8.25  subdivision 4.  It does not include persons licensed by the 
  8.26  board of medical practice under chapter 147 or registered by the 
  8.27  board of medical practice under chapter 147A; the board of 
  8.28  nursing under sections 148.171 to 148.285; the board of 
  8.29  psychology under sections 148.88 to 148.98; the board of social 
  8.30  work under sections 148B.18 to 148B.289; the board of marriage 
  8.31  and family therapy under sections 148B.29 to 148B.39; or another 
  8.32  licensing board if the person is practicing within the scope of 
  8.33  the license; or members of the clergy who are providing pastoral 
  8.34  services in the context of performing and fulfilling the 
  8.35  salaried duties and obligations required of a member of the 
  8.36  clergy by a religious congregation; American Indian medicine men 
  9.1   and women; licensed attorneys; probation officers; school 
  9.2   counselors employed by a school district while acting within the 
  9.3   scope of employment as school counselors; registered 
  9.4   occupational therapists; or occupational therapy assistants.  
  9.5   For the purposes of complaint investigation or disciplinary 
  9.6   action relating to an individual practitioner, the term includes:
  9.7      (1) persons employed by a program licensed by the 
  9.8   commissioner of human services who are acting as mental health 
  9.9   practitioners within the scope of their employment; 
  9.10     (2) persons employed by a program licensed by the 
  9.11  commissioner of human services who are providing chemical 
  9.12  dependency counseling services; persons who are providing 
  9.13  chemical dependency counseling services in private practice; and 
  9.14     (3) clergy who are providing mental health services that 
  9.15  are equivalent to those defined in subdivision 4. 
  9.16     Sec. 10.  Minnesota Statutes 1998, section 148B.68, 
  9.17  subdivision 1, is amended to read: 
  9.18     Subdivision 1.  [PROHIBITED CONDUCT.] The commissioner may 
  9.19  impose disciplinary action as described in section 148B.69 
  9.20  against any unlicensed mental health practitioner.  The 
  9.21  following conduct is prohibited and is grounds for disciplinary 
  9.22  action: 
  9.23     (a) Conviction of a crime, including a finding or verdict 
  9.24  of guilt, an admission of guilt, or a no contest plea, in any 
  9.25  court in Minnesota or any other jurisdiction in the United 
  9.26  States, reasonably related to the provision of mental health 
  9.27  services.  Conviction, as used in this subdivision, includes a 
  9.28  conviction of an offense which, if committed in this state, 
  9.29  would be deemed a felony or gross misdemeanor without regard to 
  9.30  its designation elsewhere, or a criminal proceeding where a 
  9.31  finding or verdict of guilty is made or returned but the 
  9.32  adjudication of guilt is either withheld or not entered. 
  9.33     (b) Conviction of crimes against persons.  For purposes of 
  9.34  this chapter, a crime against a person means violations of the 
  9.35  following:  sections 609.185; 609.19; 609.195; 609.20; 609.205; 
  9.36  609.21; 609.215; 609.221; 609.222; 609.223; 609.224; 609.2242; 
 10.1   609.23; 609.231; 609.2325; 609.233; 609.2335; 609.235; 609.24; 
 10.2   609.245; 609.25; 609.255; 609.26, subdivision 1, clause (1) or 
 10.3   (2); 609.265; 609.342; 609.343; 609.344; 609.345; 609.365; 
 10.4   609.498, subdivision 1; 609.50, clause (1); 609.561; 609.562; 
 10.5   609.595; and 609.72, subdivision 3. 
 10.6      (c) Failure to comply with the self-reporting requirements 
 10.7   of section 148B.63, subdivision 7. 
 10.8      (d) Engaging in sexual contact with a client or former 
 10.9   client as defined in section 148A.01, or engaging in contact 
 10.10  that may be reasonably interpreted by a client as sexual, or 
 10.11  engaging in any verbal behavior that is seductive or sexually 
 10.12  demeaning to the patient, or engaging in sexual exploitation of 
 10.13  a client or former client. 
 10.14     (e) Advertising that is false, fraudulent, deceptive, or 
 10.15  misleading. 
 10.16     (f) Conduct likely to deceive, defraud, or harm the public; 
 10.17  or demonstrating a willful or careless disregard for the health, 
 10.18  welfare, or safety of a client; or any other practice that may 
 10.19  create unnecessary danger to any client's life, health, or 
 10.20  safety, in any of which cases, proof of actual injury need not 
 10.21  be established. 
 10.22     (g) Adjudication as mentally incompetent, or as a person 
 10.23  who is dangerous to self, or adjudication pursuant to chapter 
 10.24  253B, as chemically dependent, mentally ill, mentally retarded, 
 10.25  mentally ill and dangerous to the public, or as a sexual 
 10.26  psychopathic personality or sexually dangerous person. 
 10.27     (h) Inability to provide mental health services with 
 10.28  reasonable safety to clients. 
 10.29     (i) The habitual overindulgence in the use of or the 
 10.30  dependence on intoxicating liquors. 
 10.31     (j) Improper or unauthorized personal or other use of any 
 10.32  legend drugs as defined in chapter 151, any chemicals as defined 
 10.33  in chapter 151, or any controlled substance as defined in 
 10.34  chapter 152. 
 10.35     (k) Revealing a communication from, or relating to, a 
 10.36  client except when otherwise required or permitted by law. 
 11.1      (l) Failure to comply with a client's request made under 
 11.2   section 144.335, or to furnish a client record or report 
 11.3   required by law. 
 11.4      (m) Splitting fees or promising to pay a portion of a fee 
 11.5   to any other professional other than for services rendered by 
 11.6   the other professional to the client. 
 11.7      (n) Engaging in abusive or fraudulent billing practices, 
 11.8   including violations of the federal Medicare and Medicaid laws 
 11.9   or state medical assistance laws. 
 11.10     (o) Failure to make reports as required by section 148B.63, 
 11.11  or cooperate with an investigation of the office. 
 11.12     (p) Obtaining money, property, or services from a client, 
 11.13  other than reasonable fees for services provided to the client, 
 11.14  through the use of undue influence, harassment, duress, 
 11.15  deception, or fraud. 
 11.16     (q) Undertaking or continuing a professional relationship 
 11.17  with a client in which the objectivity of the professional would 
 11.18  be impaired. 
 11.19     (r) Failure to provide the client with a copy of the client 
 11.20  bill of rights or violation of any provision of the client bill 
 11.21  of rights. 
 11.22     (s) Violating any order issued by the commissioner. 
 11.23     (t) Failure to comply with sections 148B.60 to 148B.71, and 
 11.24  the rules adopted under those sections. 
 11.25     (u) Failure to comply with any additional disciplinary 
 11.26  grounds established by the commissioner by rule. 
 11.27     (v) Revocation, suspension, restriction, limitation, or 
 11.28  other disciplinary action against the mental health 
 11.29  practitioner's license, certificate, registration, or right of 
 11.30  practice in this or another state or jurisdiction, for offenses 
 11.31  that would be subject to disciplinary action in this state, or 
 11.32  failure to report to the office of mental health practice that 
 11.33  charges regarding the practitioner's license, certificate, 
 11.34  registration, or right of practice have been brought in this or 
 11.35  another state or jurisdiction. 
 11.36     (w) Bartering for services with a client. 
 12.1      Sec. 11.  Minnesota Statutes 1998, section 148B.69, is 
 12.2   amended by adding a subdivision to read: 
 12.3      Subd. 7.  [RELEASE TO OBTAIN NONPUBLIC DATA.] An unlicensed 
 12.4   mental health practitioner who is the subject of an 
 12.5   investigation must sign a release authorizing the commissioner 
 12.6   to obtain criminal conviction data, reports about abuse or 
 12.7   neglect of clients, and other information pertaining to 
 12.8   investigations of violations of statutes or rules from the 
 12.9   bureau of criminal apprehension, the Federal Bureau of 
 12.10  Investigation, the department of human services, the office of 
 12.11  health facilities complaints, private certification 
 12.12  organizations, county social service agencies, the division of 
 12.13  driver and vehicle services in the department of public safety, 
 12.14  adult protection services, child protection services, and other 
 12.15  agencies that regulate provision of health care services.  After 
 12.16  the commissioner gives written notice to an individual who is 
 12.17  the subject of an investigation, the agencies shall assist the 
 12.18  commissioner with the investigation by giving the commissioner 
 12.19  the requested data. 
 12.20     Sec. 12.  Minnesota Statutes 1998, section 148B.71, 
 12.21  subdivision 1, is amended to read: 
 12.22     Subdivision 1.  [SCOPE.] All unlicensed mental health 
 12.23  practitioners, other than those providing services in a facility 
 12.24  regulated under section 144.651 or a government agency or 
 12.25  program licensed by the commissioner of health or the 
 12.26  commissioner of human services, shall provide to each client 
 12.27  prior to providing treatment a written copy of the mental health 
 12.28  client bill of rights.  A copy must also be posted in a 
 12.29  prominent location in the office of the mental health 
 12.30  practitioner.  Reasonable accommodations shall be made for those 
 12.31  clients who cannot read or who have communication impairments 
 12.32  and those who do not read or speak English.  The mental health 
 12.33  client bill of rights shall include the following: 
 12.34     (a) the name, title, business address, and telephone number 
 12.35  of the practitioner; 
 12.36     (b) the degrees, training, experience, or other 
 13.1   qualifications of the practitioner, followed by the following 
 13.2   statement in bold print: 
 13.3      "THE STATE OF MINNESOTA HAS NOT ADOPTED UNIFORM EDUCATIONAL 
 13.4   AND TRAINING STANDARDS FOR ALL MENTAL HEALTH PRACTITIONERS.  
 13.5   THIS STATEMENT OF CREDENTIALS IS FOR INFORMATION PURPOSES ONLY." 
 13.6      (c) the name, business address, and telephone number of the 
 13.7   practitioner's supervisor, if any; 
 13.8      (d) notice that a client has the right to file a complaint 
 13.9   with the practitioner's supervisor, if any, and the procedure 
 13.10  for filing complaints; 
 13.11     (e) the name, address, and telephone number of the office 
 13.12  of mental health practice and notice that a client may file 
 13.13  complaints with the office; 
 13.14     (f) the practitioner's fees per unit of service, the 
 13.15  practitioner's method of billing for such fees, the names of any 
 13.16  insurance companies that have agreed to reimburse the 
 13.17  practitioner, or health maintenance organizations with whom the 
 13.18  practitioner contracts to provide service, whether the 
 13.19  practitioner accepts Medicare, medical assistance, or general 
 13.20  assistance medical care, and whether the practitioner is willing 
 13.21  to accept partial payment, or to waive payment, and in what 
 13.22  circumstances; 
 13.23     (g) a statement that the client has a right to reasonable 
 13.24  notice of changes in services or charges; 
 13.25     (h) a brief summary, in plain language, of the theoretical 
 13.26  approach used by the practitioner in treating patients; 
 13.27     (i) notice that the client has a right to complete and 
 13.28  current information concerning the practitioner's assessment and 
 13.29  recommended course of treatment, including the expected duration 
 13.30  of treatment; 
 13.31     (j) a statement that clients may expect courteous treatment 
 13.32  and to be free from verbal, physical, or sexual abuse by the 
 13.33  practitioner; 
 13.34     (k) a statement that client records and transactions with 
 13.35  the practitioner are confidential, unless release of these 
 13.36  records is authorized in writing by the client, or otherwise 
 14.1   provided by law; 
 14.2      (l) a statement of the client's right to be allowed access 
 14.3   to records and written information from records in accordance 
 14.4   with section 144.335; 
 14.5      (m) a statement that other services may be available in the 
 14.6   community, including where information concerning services is 
 14.7   available; 
 14.8      (n) a statement that the client has the right to choose 
 14.9   freely among available practitioners, and to change 
 14.10  practitioners after services have begun, within the limits of 
 14.11  health insurance, medical assistance, or other health programs; 
 14.12     (o) a statement that the client has a right to coordinated 
 14.13  transfer when there will be a change in the provider of 
 14.14  services; 
 14.15     (p) a statement that the client may refuse services or 
 14.16  treatment, unless otherwise provided by law; and 
 14.17     (q) a statement that the client may assert the client's 
 14.18  rights without retaliation. 
 14.19     Sec. 13.  Minnesota Statutes 1998, section 148C.01, 
 14.20  subdivision 2, is amended to read: 
 14.21     Subd. 2.  [ALCOHOL AND DRUG COUNSELOR.] "Alcohol and drug 
 14.22  counselor" or "counselor" means a person who: 
 14.23     (1) uses, as a representation to the public, any title, 
 14.24  initials, or description of services incorporating the words 
 14.25  "alcohol and drug counselor"; 
 14.26     (2) offers to render professional alcohol and drug 
 14.27  counseling services relative to the abuse of or the dependency 
 14.28  on alcohol or other drugs to the general public or groups, 
 14.29  organizations, corporations, institutions, or government 
 14.30  agencies for compensation, implying that the person is licensed 
 14.31  and trained, experienced or expert in alcohol and drug 
 14.32  counseling; 
 14.33     (3) holds a valid license issued under sections 148C.01 to 
 14.34  148C.11 to engage in the practice of alcohol and drug 
 14.35  counseling; or 
 14.36     (4) is an applicant for an alcohol and drug counseling 
 15.1   license.  
 15.2      Sec. 14.  Minnesota Statutes 1998, section 148C.01, 
 15.3   subdivision 7, is amended to read: 
 15.4      Subd. 7.  [ACCREDITED SCHOOL OR EDUCATIONAL PROGRAM.] 
 15.5   "Accredited school or educational program" means a school of 
 15.6   alcohol and drug counseling, university, college, or other 
 15.7   post-secondary education program that offers no less than the 
 15.8   required number of education and practicum hours as described in 
 15.9   section 148C.04, subdivision 3, and the core functions as 
 15.10  defined in subdivision 9, and that, at the time the student 
 15.11  completes the program, is accredited by a regional accrediting 
 15.12  association whose standards are substantially equivalent to 
 15.13  those of the North Central Association of Colleges and 
 15.14  Post-Secondary Education Institutions or an accrediting 
 15.15  association that evaluates schools of alcohol and drug 
 15.16  counseling for inclusion of the education, practicum, and core 
 15.17  function standards in this chapter.  
 15.18     Sec. 15.  Minnesota Statutes 1998, section 148C.01, 
 15.19  subdivision 9, is amended to read: 
 15.20     Subd. 9.  [CORE FUNCTIONS.] "Core functions" means the 
 15.21  following services provided in alcohol and drug dependency 
 15.22  treatment:  
 15.23     (1) "Screening" means the process by which a client is 
 15.24  determined appropriate and eligible for admission to a 
 15.25  particular program. 
 15.26     (2) "Intake" means the administrative and initial 
 15.27  assessment procedures for admission to a program. 
 15.28     (3) "Orientation" means describing to the client the 
 15.29  general nature and goals of the program; rules governing client 
 15.30  conduct and infractions that can lead to disciplinary action or 
 15.31  discharge from the program; in a nonresidential program, the 
 15.32  hours during which services are available; treatment costs to be 
 15.33  borne by the client, if any; and client's rights. 
 15.34     (4) "Assessment" means those procedures by which a 
 15.35  counselor identifies and evaluates an individual's strengths, 
 15.36  weaknesses, problems, and needs for the development of the to 
 16.1   develop a treatment plan or make recommendations for level of 
 16.2   care placement. 
 16.3      (5) "Treatment planning" means the process by which the 
 16.4   counselor and the client identify and rank problems needing 
 16.5   resolution; establish agreed upon immediate and long-term goals; 
 16.6   and decide on a treatment process and the sources to be utilized.
 16.7      (6) "Counseling" means the utilization of special skills to 
 16.8   assist individuals, families, or groups in achieving objectives 
 16.9   through exploration of a problem and its ramifications; 
 16.10  examination of attitudes and feelings; consideration of 
 16.11  alternative solutions; and decision making. 
 16.12     (7) "Case management" means activities which bring 
 16.13  services, agencies, resources, or people together within a 
 16.14  planned framework of action toward the achievement of 
 16.15  established goals. 
 16.16     (8) "Crisis intervention" means those services which 
 16.17  respond to an alcohol or other drug user's needs during acute 
 16.18  emotional or physical distress. 
 16.19     (9) "Client education" means the provision of information 
 16.20  to clients who are receiving or seeking counseling concerning 
 16.21  alcohol and other drug abuse and the available services and 
 16.22  resources. 
 16.23     (10) "Referral" means identifying the needs of the client 
 16.24  which cannot be met by the counselor or agency and assisting the 
 16.25  client to utilize the support systems and available community 
 16.26  resources. 
 16.27     (11) "Reports and recordkeeping" means charting the results 
 16.28  of the assessment and treatment plan, writing reports, progress 
 16.29  notes, discharge summaries, and other client-related data. 
 16.30     (12) "Consultation with other professionals regarding 
 16.31  client treatment and services" means communicating with other 
 16.32  professionals in regard to client treatment and services to 
 16.33  assure comprehensive, quality care for the client. 
 16.34     Sec. 16.  Minnesota Statutes 1998, section 148C.01, 
 16.35  subdivision 10, is amended to read: 
 16.36     Subd. 10.  [PRACTICE OF ALCOHOL AND DRUG COUNSELING.] 
 17.1   "Practice of alcohol and drug counseling" means the observation, 
 17.2   description, evaluation, interpretation, and modification of 
 17.3   human behavior as it relates to the harmful or pathological use 
 17.4   or abuse of alcohol or other drugs by the application of the 
 17.5   core functions.  The practice of alcohol and drug counseling 
 17.6   includes, but is not limited to, the following activities, 
 17.7   regardless of whether the counselor receives compensation for 
 17.8   the activities: 
 17.9      (1) assisting clients who use alcohol or drugs, evaluating 
 17.10  that use, and recognizing dependency if it exists; 
 17.11     (2) assisting clients with alcohol or other drug problems 
 17.12  to gain insight and motivation aimed at resolving those 
 17.13  problems; 
 17.14     (3) providing experienced professional guidance, 
 17.15  assistance, and support for the client's efforts to develop and 
 17.16  maintain a responsible functional lifestyle; 
 17.17     (4) recognizing problems outside the scope of the 
 17.18  counselor's training, skill, or competence and referring the 
 17.19  client to other appropriate professional services; 
 17.20     (5) assessing the level of alcohol or other drug use 
 17.21  involvement; 
 17.22     (6) individual planning to prevent a return to harmful 
 17.23  alcohol or chemical use; 
 17.24     (7) alcohol and other drug abuse education for clients; 
 17.25     (8) consultation with other professionals; and 
 17.26     (9) gaining cultural competence through ongoing training 
 17.27  and education according to standards established by rule; and 
 17.28     (10) providing the above services, as needed, to family 
 17.29  members or others who are directly affected by someone using 
 17.30  alcohol or other drugs. 
 17.31     Sec. 17.  Minnesota Statutes 1998, section 148C.01, is 
 17.32  amended by adding a subdivision to read: 
 17.33     Subd. 18.  [PSYCHOMETRICALLY VALID AND 
 17.34  RELIABLE.] "Psychometrically valid and reliable" means developed 
 17.35  on the basis of role delineation, validation, reliability, 
 17.36  passing point, and sensitivity review factors, according to 
 18.1   generally accepted standards. 
 18.2      Sec. 18.  Minnesota Statutes 1998, section 148C.03, 
 18.3   subdivision 1, is amended to read: 
 18.4      Subdivision 1.  [GENERAL.] The commissioner shall, after 
 18.5   consultation with the advisory council or a committee 
 18.6   established by rule: 
 18.7      (a) adopt and enforce rules for licensure of alcohol and 
 18.8   drug counselors, including establishing standards and methods of 
 18.9   determining whether applicants and licensees are qualified under 
 18.10  section 148C.04.  The rules must provide for examinations and 
 18.11  establish standards for the regulation of professional conduct.  
 18.12  The rules must be designed to protect the public; 
 18.13     (b) develop and, at least twice a year, administer an 
 18.14  examination to assess applicants' knowledge and skills.  The 
 18.15  commissioner may contract for the administration of an 
 18.16  examination approved by the International Certification 
 18.17  Reciprocity Consortium/Alcohol and Other Drug Abuse 
 18.18  (ICRC/AODA) with an entity designated by the commissioner.  The 
 18.19  examinations must be psychometrically valid and reliable; must 
 18.20  be written and oral, with the oral examination based on a 
 18.21  written case presentation; must minimize cultural bias,; and 
 18.22  must be balanced in various theories relative to the practice of 
 18.23  alcohol and drug counseling; 
 18.24     (c) issue licenses to individuals qualified under sections 
 18.25  148C.01 to 148C.11; 
 18.26     (d) issue copies of the rules for licensure to all 
 18.27  applicants; 
 18.28     (e) adopt rules to establish and implement procedures, 
 18.29  including a standard disciplinary process and rules of 
 18.30  professional conduct; 
 18.31     (f) carry out disciplinary actions against licensees; 
 18.32     (g) establish, with the advice and recommendations of the 
 18.33  advisory council, written internal operating procedures for 
 18.34  receiving and investigating complaints and for taking 
 18.35  disciplinary actions as appropriate; 
 18.36     (h) educate the public about the existence and content of 
 19.1   the rules for alcohol and drug counselor licensing to enable 
 19.2   consumers to file complaints against licensees who may have 
 19.3   violated the rules; 
 19.4      (i) evaluate the rules in order to refine and improve the 
 19.5   methods used to enforce the commissioner's standards; 
 19.6      (j) set, collect, and adjust license fees for alcohol and 
 19.7   drug counselors so that the total fees collected will as closely 
 19.8   as possible equal anticipated expenditures during the biennium, 
 19.9   as provided in section 16A.1285; fees for initial and renewal 
 19.10  application and examinations; late fees for counselors who 
 19.11  submit license renewal applications after the renewal deadline; 
 19.12  and a surcharge fee.  The surcharge fee must include an amount 
 19.13  necessary to recover, over a five-year period, the 
 19.14  commissioner's direct expenditures for the adoption of the rules 
 19.15  providing for the licensure of alcohol and drug counselors.  All 
 19.16  fees received shall be deposited in the state treasury and 
 19.17  credited to the special revenue fund; and 
 19.18     (k) prepare reports on activities related to the licensure 
 19.19  of alcohol and drug counselors according to this subdivision by 
 19.20  October 1 of each even-numbered year.  Copies of the reports 
 19.21  shall be delivered to the legislature in accordance with section 
 19.22  3.195 and to the governor.  The reports shall contain the 
 19.23  following information on the commissioner's activities relating 
 19.24  to the licensure of alcohol and drug counselors, for the 
 19.25  two-year period ending the previous June 30: 
 19.26     (1) a general statement of the activities; 
 19.27     (2) the number of staff hours spent on the activities; 
 19.28     (3) the receipts and disbursements of funds; 
 19.29     (4) the names of advisory council members and their 
 19.30  addresses, occupations, and dates of appointment and 
 19.31  reappointment; 
 19.32     (5) the names and job classifications of employees; 
 19.33     (6) a brief summary of rules proposed or adopted during the 
 19.34  reporting period with appropriate citations to the State 
 19.35  Register and published rules; 
 19.36     (7) the number of persons having each type of license 
 20.1   issued by the commissioner as of June 30 in the year of the 
 20.2   report; 
 20.3      (8) the locations and dates of the administration of 
 20.4   examinations by the commissioner; 
 20.5      (9) the number of persons examined by the commissioner with 
 20.6   the persons subdivided into groups showing age categories, sex, 
 20.7   and states of residency; 
 20.8      (10) the number of persons licensed by the commissioner 
 20.9   after taking the examinations referred to in clause (8) with the 
 20.10  persons subdivided by age categories, sex, and states of 
 20.11  residency; 
 20.12     (11) the number of persons not licensed by the commissioner 
 20.13  after taking the examinations referred to in clause (8) with the 
 20.14  persons subdivided by age categories, sex, and states of 
 20.15  residency; 
 20.16     (12) the number of persons not taking the examinations 
 20.17  referred to in clause (8) who were licensed by the commissioner 
 20.18  or who were denied licensing, the reasons for the licensing or 
 20.19  denial, and the persons subdivided by age categories, sex, and 
 20.20  states of residency; 
 20.21     (13) the number of persons previously licensed by the 
 20.22  commissioner whose licenses were revoked, suspended, or 
 20.23  otherwise altered in status with brief statements of the reasons 
 20.24  for the revocation, suspension, or alteration; 
 20.25     (14) the number of written and oral complaints and other 
 20.26  communications received by the commissioner which allege or 
 20.27  imply a violation of a statute or rule which the commissioner is 
 20.28  empowered to enforce; 
 20.29     (15) a summary, by specific category, of the substance of 
 20.30  the complaints and communications referred to in clause (14) 
 20.31  and, for each specific category, the responses or dispositions; 
 20.32  and 
 20.33     (16) any other objective information which the commissioner 
 20.34  believes will be useful in reviewing the commissioner's 
 20.35  activities. 
 20.36     Sec. 19.  Minnesota Statutes 1998, section 148C.04, is 
 21.1   amended by adding a subdivision to read: 
 21.2      Subd. 6.  [TEMPORARY PRACTICE REQUIREMENTS.] (a) A person 
 21.3   may temporarily practice alcohol and drug counseling prior to 
 21.4   being licensed under this chapter if the person: 
 21.5      (1) either: 
 21.6      (i) meets the associate degree education and practicum 
 21.7   requirements of subdivision 3, clause (1); or 
 21.8      (ii) meets the bachelor's degree education and practicum 
 21.9   requirements of subdivision 4, clause (1), item (i); 
 21.10     (2) within 60 days of meeting the requirements of 
 21.11  subdivision 3, clause (1), or subdivision 4, clause (1), item 
 21.12  (i), requests, in writing, temporary practice status with the 
 21.13  commissioner on an application form according to section 
 21.14  148C.0351, which includes the nonrefundable license fee and an 
 21.15  affirmation by the person's supervisor, as defined in paragraph 
 21.16  (b), clause (1), and which is signed and dated by the person and 
 21.17  the person's supervisor; 
 21.18     (3) has not been disqualified to practice temporarily on 
 21.19  the basis of a background investigation under section 148C.09, 
 21.20  subdivision 1a; and 
 21.21     (4) has been notified in writing by the commissioner that 
 21.22  the person is qualified to practice under this subdivision. 
 21.23     (b) A person practicing under this subdivision: 
 21.24     (1) may practice only in a program licensed by the 
 21.25  department of human services and under the direct, on-site 
 21.26  supervision of a person who is licensed under this chapter and 
 21.27  employed in that licensed program; 
 21.28     (2) is subject to the rules of professional conduct set by 
 21.29  rule; 
 21.30     (3) is not subject to the continuing education requirements 
 21.31  of section 148C.05; and 
 21.32     (4) must be licensed according to this chapter within 12 
 21.33  months of meeting the requirements of subdivision 3, clause (1), 
 21.34  or subdivision 4, clause (1), item (i). 
 21.35     (c) Upon written request, the commissioner may extend a 
 21.36  person's temporary status if the person practices in a program 
 22.1   described in section 148C.11, subdivision 3, paragraph (b), 
 22.2   clause (2). 
 22.3      (d) A person practicing under this subdivision may not hold 
 22.4   himself or herself out to the public by any title or description 
 22.5   stating or implying that the person is licensed to engage in the 
 22.6   practice of alcohol and drug counseling. 
 22.7      Sec. 20.  Minnesota Statutes 1998, section 148C.04, is 
 22.8   amended by adding a subdivision to read: 
 22.9      Subd. 7.  [EFFECT AND SUSPENSION OF TEMPORARY 
 22.10  PRACTICE.] Approval of a person's application for temporary 
 22.11  practice creates no rights to or expectation of approval from 
 22.12  the commissioner for licensure as an alcohol and drug 
 22.13  counselor.  The commissioner may suspend or restrict a person's 
 22.14  temporary practice status according to section 148C.09. 
 22.15     Sec. 21.  Minnesota Statutes 1998, section 148C.06, 
 22.16  subdivision 1, is amended to read: 
 22.17     Subdivision 1.  [QUALIFICATIONS.] For two years from the 
 22.18  effective date of the rules authorized in section 148C.03, 
 22.19  subdivision 1, the commissioner shall issue a license to an 
 22.20  applicant if the applicant meets one of the following 
 22.21  qualifications:  
 22.22     (a) is credentialed as a certified chemical dependency 
 22.23  counselor (CCDC) or certified chemical dependency counselor 
 22.24  reciprocal (CCDCR) by the Institute for Chemical Dependency 
 22.25  Professionals of Minnesota, Inc.; graduates from an accredited 
 22.26  school or education program with a certificate of completion in 
 22.27  alcohol and drug counselor studies that includes a minimum of 
 22.28  270 clock hours of formal classroom education and 880 clock 
 22.29  hours of alcohol and drug counselor internship and passes both 
 22.30  the written and oral examinations according to this chapter; or 
 22.31  has 2,080 hours of supervised alcohol and drug counselor 
 22.32  experience, 270 clock hours of alcohol and drug counselor 
 22.33  training with a minimum of 60 hours of the training occurring 
 22.34  within the past five years, and 300 hours of alcohol and drug 
 22.35  counselor internship and successfully completes the examination 
 22.36  requirements in section 148C.04, subdivision 3, clauses (2) and 
 23.1   (3); 
 23.2      (b) has 6,000 hours of supervised alcohol and drug 
 23.3   counselor experience as defined by the core functions, 270 clock 
 23.4   hours of alcohol and drug counselor training with a minimum of 
 23.5   60 hours of this training occurring within the past five years, 
 23.6   300 hours of alcohol and drug counselor internship, and has 
 23.7   successfully completed the examination requirements in section 
 23.8   148C.04, subdivision 3, clauses (2) and (3); 
 23.9      (c) has 10,000 hours of supervised alcohol and drug 
 23.10  counselor experience as defined by the core functions, 270 clock 
 23.11  hours of alcohol and drug training with a minimum of 60 hours of 
 23.12  this training occurring within the past five years, and has 
 23.13  successfully completed the requirements in section 148C.04, 
 23.14  subdivision 3, clause (2) or (3), or is credentialed as a 
 23.15  certified chemical dependency practitioner (CCDP) by the 
 23.16  Institute for Chemical Dependency Professionals of Minnesota, 
 23.17  Inc.; or 
 23.18     (d) has 14,000 hours of supervised alcohol and drug 
 23.19  counselor experience as defined by the core functions and 270 
 23.20  clock hours of alcohol and drug training with a minimum of 60 
 23.21  hours of this training occurring within the past five years; or 
 23.22     (e) has met the special licensing criteria established 
 23.23  pursuant to section 148C.11.  
 23.24     Sec. 22.  Minnesota Statutes 1998, section 148C.09, 
 23.25  subdivision 1, is amended to read: 
 23.26     Subdivision 1.  [GROUNDS.] The commissioner may refuse to 
 23.27  grant a license to, or may suspend, revoke, or restrict the 
 23.28  license of an individual if the commissioner determines that a 
 23.29  licensee or applicant:  
 23.30     (1) is incompetent to engage in alcohol and drug counseling 
 23.31  practice or is found to be engaged in alcohol and drug 
 23.32  counseling practice in a manner harmful or dangerous to a client 
 23.33  or the public; 
 23.34     (2) has violated the rules of the commissioner or the 
 23.35  statutes the commissioner is empowered to enforce; or any law, 
 23.36  rule order, stipulation and consent order, agreement, or 
 24.1   settlement; 
 24.2      (3) has obtained or attempted to obtain a license or 
 24.3   license renewal by bribery or fraudulent misrepresentation; 
 24.4      (4) has knowingly made a false statement on the form 
 24.5   required to be submitted to the commissioner for licensing or 
 24.6   license renewal; 
 24.7      (5) has failed to obtain continuing education credits 
 24.8   required by the commissioner; 
 24.9      (6) has failed to demonstrate the qualifications or satisfy 
 24.10  the requirements for a license contained in this chapter or 
 24.11  rules of the commissioner.  The burden of proof shall be upon 
 24.12  the applicant to demonstrate qualifications or satisfaction of 
 24.13  requirements; 
 24.14     (7) has been convicted of a crime, including a finding or 
 24.15  verdict of guilt, an admission of guilt, or a no contest plea, 
 24.16  in any court in Minnesota or any other jurisdiction in the 
 24.17  United States, reasonably related to the provision of alcohol 
 24.18  and drug counseling services.  Conviction, as used in this 
 24.19  subdivision, includes conviction of an offense which, if 
 24.20  committed in this state, would be deemed a felony or gross 
 24.21  misdemeanor without regard to its designation elsewhere, or a 
 24.22  criminal proceeding where a finding or verdict of guilty is made 
 24.23  or returned but the adjudication of guilt is either withheld or 
 24.24  not entered; 
 24.25     (8) has been convicted of a crime against another person.  
 24.26  For purposes of this chapter, a crime against another person 
 24.27  means an offense listed in section 148B.68, subdivision 1, 
 24.28  paragraph (b); 
 24.29     (9) has failed to comply with the self-reporting 
 24.30  requirements of section 148C.095, subdivision 7; 
 24.31     (10) has engaged in sexual contact with a client, or a 
 24.32  former client, as defined in section 148A.01, or has engaged in 
 24.33  conduct that may be reasonably interpreted by a client as 
 24.34  sexual, or has engaged in any verbal behavior that is seductive 
 24.35  or sexually demeaning to the client, or has engaged in sexual 
 24.36  exploitation of a client or former client; 
 25.1      (11) has engaged in false, fraudulent, deceptive, or 
 25.2   misleading advertising; 
 25.3      (12) has engaged in conduct likely to deceive, defraud, or 
 25.4   harm the public; or has demonstrated a willful or careless 
 25.5   disregard for the health, welfare, or safety of a client; or any 
 25.6   other practice that may create unnecessary danger to any 
 25.7   client's life, health, or safety, in any of which cases, proof 
 25.8   of actual injury need not be established; 
 25.9      (13) has been adjudicated as mentally incompetent, or as a 
 25.10  person who has a psychopathic personality, or who is dangerous 
 25.11  to self, or has been adjudicated as chemically dependent, 
 25.12  mentally ill, mentally retarded, or mentally ill and dangerous 
 25.13  to the public pursuant to chapter 253B; 
 25.14     (14) is unable to provide alcohol and drug counseling 
 25.15  services with reasonable safety to clients; 
 25.16     (15) is has habitually overindulgent overindulged in the 
 25.17  use of or the dependence on alcohol within the past two years; 
 25.18     (16) has engaged in the improper or unauthorized personal 
 25.19  or other use of any legend drugs as defined in section 151.01, 
 25.20  any chemicals as defined in section 151.01, or any controlled 
 25.21  substance as defined in section 152.01 within the past two 
 25.22  years; 
 25.23     (17) reveals a communication from, or relating to, a client 
 25.24  except when required or permitted by law; 
 25.25     (18) fails to comply with a client's request for health 
 25.26  records made under section 144.335, or to furnish a client 
 25.27  record or report required by law; 
 25.28     (19) has engaged in fee splitting or promises to pay a 
 25.29  portion of a fee to any other professional other than for 
 25.30  services rendered by the other professional to the client; 
 25.31     (20) has engaged in abusive or fraudulent billing 
 25.32  practices, including violations of the federal Medicare and 
 25.33  Medicaid laws or state medical assistance laws; 
 25.34     (21) fails to make reports as required by section 148C.095, 
 25.35  or cooperate with an investigation of the commissioner; 
 25.36     (22) obtains money, property, or services from a client, 
 26.1   other than reasonable fees for services provided to the client, 
 26.2   through the use of undue influence, harassment, duress, 
 26.3   deception, or fraud; 
 26.4      (23) undertakes or continues a professional relationship 
 26.5   with a client in which the objectivity of the alcohol and drug 
 26.6   counselor may be impaired; 
 26.7      (24) engages in conduct that constitutes grounds for 
 26.8   discipline as established by the commissioner in rule; or 
 26.9      (25) engages in bartering for services with a client. 
 26.10     Sec. 23.  Minnesota Statutes 1998, section 148C.09, 
 26.11  subdivision 1a, is amended to read: 
 26.12     Subd. 1a.  [BACKGROUND INVESTIGATION.] The applicant must 
 26.13  sign a release authorizing the commissioner to obtain 
 26.14  information from the bureau of criminal apprehension, the 
 26.15  Federal Bureau of Investigation, the office of mental health 
 26.16  practice, the department of human services, the office of health 
 26.17  facilities complaints, and other agencies specified in the 
 26.18  rules.  After the commissioner has given written notice to an 
 26.19  individual who is the subject of a background investigation, the 
 26.20  agencies shall assist the commissioner with the investigation by 
 26.21  giving the commissioner criminal conviction data, reports about 
 26.22  abuse or neglect of clients substantiated maltreatment of minors 
 26.23  and vulnerable adults, and other information specified in the 
 26.24  rules.  The commissioner may contract with the commissioner of 
 26.25  human services to obtain criminal history data from the bureau 
 26.26  of criminal apprehension. 
 26.27     Sec. 24.  Minnesota Statutes 1998, section 148C.11, 
 26.28  subdivision 1, is amended to read: 
 26.29     Subdivision 1.  [OTHER PROFESSIONALS.] Nothing in sections 
 26.30  148C.01 to 148C.10 shall prevent members of other professions or 
 26.31  occupations from performing functions for which they are 
 26.32  qualified or licensed.  This exception includes, but is not 
 26.33  limited to, licensed physicians, registered nurses, licensed 
 26.34  practical nurses, licensed psychological practitioners, members 
 26.35  of the clergy, American Indian medicine men and women, licensed 
 26.36  attorneys, probation officers, licensed marriage and family 
 27.1   therapists, licensed social workers, licensed professional 
 27.2   counselors, school counselors employed by a school district 
 27.3   while acting within the scope of employment as school 
 27.4   counselors, and registered occupational therapists or 
 27.5   occupational therapy assistants.  These persons must not, 
 27.6   however, use a title incorporating the words "alcohol and drug 
 27.7   counselor" or "licensed alcohol and drug counselor" or otherwise 
 27.8   hold themselves out to the public by any title or description 
 27.9   stating or implying that they are engaged in the practice of 
 27.10  alcohol and drug counseling, or that they are licensed to engage 
 27.11  in the practice of alcohol and drug counseling.  Persons engaged 
 27.12  in the practice of alcohol and drug counseling are not exempt 
 27.13  from the commissioner's jurisdiction solely by the use of one of 
 27.14  the above titles. 
 27.15     Sec. 25.  Minnesota Statutes 1998, section 153A.13, 
 27.16  subdivision 9, is amended to read: 
 27.17     Subd. 9.  [SUPERVISION.] "Supervision" means on-site 
 27.18  observing and monitoring activities of, and accepting 
 27.19  responsibility for, the hearing instrument dispensing activities 
 27.20  of a trainee. 
 27.21     Sec. 26.  Minnesota Statutes 1998, section 153A.13, is 
 27.22  amended by adding a subdivision to read: 
 27.23     Subd. 10.  [DIRECT SUPERVISION OR DIRECTLY 
 27.24  SUPERVISED.] "Direct supervision" or "directly supervised" means 
 27.25  the on-site and contemporaneous location of a supervisor and 
 27.26  trainee, when the supervisor observes the trainee engaging in 
 27.27  hearing instrument dispensing with a consumer. 
 27.28     Sec. 27.  Minnesota Statutes 1998, section 153A.13, is 
 27.29  amended by adding a subdivision to read: 
 27.30     Subd. 11.  [INDIRECT SUPERVISION OR INDIRECTLY 
 27.31  SUPERVISED.] "Indirect supervision" or "indirectly supervised" 
 27.32  means the remote and independent performance of hearing 
 27.33  instrument dispensing by a trainee when authorized under section 
 27.34  153A.14, subdivision 4a, paragraph (b). 
 27.35     Sec. 28.  Minnesota Statutes 1998, section 153A.14, 
 27.36  subdivision 1, is amended to read: 
 28.1      Subdivision 1.  [APPLICATION FOR CERTIFICATE.] An applicant 
 28.2   must: 
 28.3      (1) be 18 21 years of age or older; 
 28.4      (2) apply to the commissioner for a certificate to dispense 
 28.5   hearing instruments on application forms provided by the 
 28.6   commissioner; 
 28.7      (3) at a minimum, provide the applicant's name, social 
 28.8   security number, business address and phone number, employer, 
 28.9   and information about the applicant's education, training, and 
 28.10  experience in testing human hearing and fitting hearing 
 28.11  instruments; 
 28.12     (4) include with the application a statement that the 
 28.13  statements in the application are true and correct to the best 
 28.14  of the applicant's knowledge and belief; 
 28.15     (5) include with the application a written and signed 
 28.16  authorization that authorizes the commissioner to make inquiries 
 28.17  to appropriate regulatory agencies in this or any other state 
 28.18  where the applicant has sold hearing instruments; 
 28.19     (6) submit certification to the commissioner that the 
 28.20  applicant's audiometric equipment has been calibrated to meet 
 28.21  current ANSI standards within 12 months of the date of the 
 28.22  application; 
 28.23     (7) submit evidence of continuing education credits, if 
 28.24  required; and 
 28.25     (8) submit all fees as required under section 153A.17. 
 28.26     Sec. 29.  Minnesota Statutes 1998, section 153A.14, 
 28.27  subdivision 2a, is amended to read: 
 28.28     Subd. 2a.  [EXEMPTION FROM WRITTEN EXAMINATION 
 28.29  REQUIREMENT.] Persons completing the audiology registration 
 28.30  requirements of section 148.515 after January 1, 1996, are 
 28.31  exempt from the written examination requirements of subdivision 
 28.32  2h, paragraph (a), clause (1).  Minnesota registration or 
 28.33  American Speech-Language-Hearing Association certification as an 
 28.34  audiologist is not required but may be submitted as evidence 
 28.35  qualifying for exemption from the written examination if the 
 28.36  requirements are completed after January 1, 1996.  Persons 
 29.1   qualifying for written examination exemption must fulfill the 
 29.2   other credentialing requirements under subdivisions 1 and 2 
 29.3   before a certificate may be issued by the commissioner. 
 29.4      Sec. 30.  Minnesota Statutes 1998, section 153A.14, 
 29.5   subdivision 2h, is amended to read: 
 29.6      Subd. 2h.  [CERTIFICATION BY EXAMINATION.] An applicant 
 29.7   must achieve a passing score, as determined by the commissioner, 
 29.8   on an examination according to paragraphs (a) to (c). 
 29.9      (a) The examination must include, but is not limited to: 
 29.10     (1) A written examination approved by the commissioner 
 29.11  covering the following areas as they pertain to hearing 
 29.12  instrument selling: 
 29.13     (i) basic physics of sound; 
 29.14     (ii) the anatomy and physiology of the ear; 
 29.15     (iii) the function of hearing instruments; 
 29.16     (iv) the principles of hearing instrument selection; and 
 29.17     (v) state and federal laws, rules, and regulations. 
 29.18     (2) Practical tests of proficiency in the following 
 29.19  techniques as they pertain to hearing instrument selling: 
 29.20     (i) pure tone audiometry, including air conduction testing 
 29.21  and bone conduction testing; 
 29.22     (ii) live voice or recorded voice speech audiometry 
 29.23  including speech recognition (discrimination) testing, most 
 29.24  comfortable loudness level, and uncomfortable loudness 
 29.25  measurements of tolerance thresholds; 
 29.26     (iii) masking when indicated; 
 29.27     (iv) recording and evaluation of audiograms and speech 
 29.28  audiometry to determine proper selection and fitting of a 
 29.29  hearing instrument; 
 29.30     (v) taking ear mold impressions; and 
 29.31     (vi) using an otoscope for the visual observation of the 
 29.32  entire ear canal. 
 29.33     (b) The examination shall be administered by the 
 29.34  commissioner at least twice a year. 
 29.35     (c) An applicant must achieve a passing score on all 
 29.36  portions of the examination within a two-year period.  An 
 30.1   applicant who does not achieve a passing score on all portions 
 30.2   of the examination within a two-year period must retake the 
 30.3   entire examination and achieve a passing score on each portion 
 30.4   of the examination.  An applicant who does not apply for 
 30.5   certification within one year of successful completion of the 
 30.6   examination must retake the examination and achieve a passing 
 30.7   score on each portion of the examination.  An applicant may not 
 30.8   take any part of the examination more than three times in a 
 30.9   two-year period. 
 30.10     Sec. 31.  Minnesota Statutes 1998, section 153A.14, 
 30.11  subdivision 4, is amended to read: 
 30.12     Subd. 4.  [DISPENSING OF HEARING INSTRUMENTS WITHOUT 
 30.13  CERTIFICATE.] Except as provided in subdivision subdivisions 4a 
 30.14  and 4c, it is unlawful for any person not holding a valid 
 30.15  certificate to dispense a hearing instrument as defined in 
 30.16  section 153A.13, subdivision 3.  A person who dispenses a 
 30.17  hearing instrument without the certificate required by this 
 30.18  section is guilty of a gross misdemeanor.  
 30.19     Sec. 32.  Minnesota Statutes 1998, section 153A.14, 
 30.20  subdivision 4a, is amended to read: 
 30.21     Subd. 4a.  [TRAINEES.] (a) A person who is not certified 
 30.22  under this section may dispense hearing instruments as a trainee 
 30.23  for a period not to exceed 12 months if the person: 
 30.24     (1) submits an application on forms provided by the 
 30.25  commissioner; 
 30.26     (2) is under the supervision of a certified dispenser 
 30.27  meeting the requirements of this subdivision; and 
 30.28     (3) meets all requirements for certification except passage 
 30.29  of the examination required by this section. 
 30.30     (b) A certified hearing instrument dispenser may not 
 30.31  supervise more than two trainees at the same time and may not 
 30.32  directly supervise more than one trainee at a time.  The 
 30.33  certified dispenser is responsible for all actions or omissions 
 30.34  of a trainee in connection with the dispensing of hearing 
 30.35  instruments.  A certified dispenser may not supervise a trainee 
 30.36  if there are any commissioner, court, or other orders, currently 
 31.1   in effect or issued within the last five years, that were issued 
 31.2   with respect to an action or omission of a certified dispenser 
 31.3   or a trainee under the certified dispenser's supervision. 
 31.4      Trainees Until taking and passing the practical examination 
 31.5   testing the techniques described in subdivision 2h, paragraph 
 31.6   (a), clause (2), trainees must be directly supervised in all 
 31.7   areas described in subdivision 4b, and the activities tested by 
 31.8   the practical examination.  Two hundred hours of on-site 
 31.9   observations must be completed within the trainee period with a 
 31.10  minimum of 100 hours involving the supervisor, trainee, and a 
 31.11  consumer.  In addition Thereafter, trainees may dispense hearing 
 31.12  instruments under indirect supervision until expiration of the 
 31.13  trainee period.  Under indirect supervision, the trainee must 
 31.14  complete two monitored activities a week.  Monitored activities 
 31.15  may be executed by correspondence, telephone, or other 
 31.16  telephonic devices, and include, but are not limited to, 
 31.17  evaluation of audiograms, written reports, and contracts.  The 
 31.18  time spent in supervision must be recorded and the record 
 31.19  retained by the supervisor. 
 31.20     Sec. 33.  Minnesota Statutes 1998, section 153A.14, is 
 31.21  amended by adding a subdivision to read: 
 31.22     Subd. 4c.  [RECIPROCITY.] (a) A person applying for 
 31.23  certification as a hearing instrument dispenser under 
 31.24  subdivision 1 who has dispensed hearing instruments in another 
 31.25  jurisdiction may dispense hearing instruments as a trainee under 
 31.26  indirect supervision if the person: 
 31.27     (1) satisfies the provisions of subdivision 4a, paragraph 
 31.28  (a); 
 31.29     (2) submits a signed and dated affidavit stating that the 
 31.30  applicant is not the subject of a disciplinary action or past 
 31.31  disciplinary action in this or another jurisdiction and is not 
 31.32  disqualified on the basis of section 153A.15, subdivision 1; and 
 31.33     (3) provides a copy of a current credential as a hearing 
 31.34  instrument dispenser, an audiologist, or both, held in the 
 31.35  District of Columbia or a state or territory of the United 
 31.36  States. 
 32.1      (b) A person becoming a trainee under this subdivision who 
 32.2   fails to take and pass the practical examination described in 
 32.3   subdivision 2h, paragraph (a), clause (2), when next offered 
 32.4   must cease dispensing hearing instruments unless under direct 
 32.5   supervision. 
 32.6      Sec. 34.  Minnesota Statutes 1998, section 153A.14, is 
 32.7   amended by adding a subdivision to read: 
 32.8      Subd. 4d.  [EXPIRATION OF TRAINEE PERIOD.] The trainee 
 32.9   period automatically expires two months following notice of 
 32.10  passing all examination requirements of subdivision 2h. 
 32.11     Sec. 35.  Minnesota Statutes 1998, section 153A.15, 
 32.12  subdivision 1, is amended to read: 
 32.13     Subdivision 1.  [PROHIBITED ACTS.] The commissioner may 
 32.14  take enforcement action as provided under subdivision 2 against 
 32.15  a dispenser of hearing instruments for the following acts and 
 32.16  conduct: 
 32.17     (1) prescribing or otherwise recommending to a consumer or 
 32.18  potential consumer the use of a hearing instrument, unless the 
 32.19  prescription from a physician or recommendation from a hearing 
 32.20  instrument dispenser or audiologist is in writing, is based on 
 32.21  an audiogram that is delivered to the consumer or potential 
 32.22  consumer when the prescription or recommendation is made, and 
 32.23  bears the following information in all capital letters of 
 32.24  12-point or larger boldface type:  "THIS PRESCRIPTION OR 
 32.25  RECOMMENDATION MAY BE FILLED BY, AND HEARING INSTRUMENTS MAY BE 
 32.26  PURCHASED FROM, THE CERTIFIED DISPENSER OF YOUR CHOICE"; 
 32.27     (2) failing to give a copy of the audiogram, upon which the 
 32.28  prescription or recommendation is based, to the consumer when 
 32.29  there has been a charge for the audiogram and the consumer 
 32.30  requests a copy; 
 32.31     (3) dispensing a hearing instrument to a minor person 18 
 32.32  years or younger unless evaluated by an audiologist for hearing 
 32.33  evaluation and hearing aid evaluation; 
 32.34     (4) failing to provide the consumer rights brochure 
 32.35  required by section 153A.14, subdivision 9; 
 32.36     (4) (5) being disciplined through a revocation, suspension, 
 33.1   restriction, or limitation by another state for conduct subject 
 33.2   to action under this chapter; 
 33.3      (5) (6) presenting advertising that is false or misleading; 
 33.4      (6) (7) providing the commissioner with false or misleading 
 33.5   statements of credentials, training, or experience; 
 33.6      (7) (8) engaging in conduct likely to deceive, defraud, or 
 33.7   harm the public; or demonstrating a willful or careless 
 33.8   disregard for the health, welfare, or safety of a consumer; 
 33.9      (8) (9) splitting fees or promising to pay a portion of a 
 33.10  fee to any other professional other than a fee for services 
 33.11  rendered by the other professional to the client; 
 33.12     (9) (10) engaging in abusive or fraudulent billing 
 33.13  practices, including violations of federal Medicare and Medicaid 
 33.14  laws, Food and Drug Administration regulations, or state medical 
 33.15  assistance laws; 
 33.16     (10) (11) obtaining money, property, or services from a 
 33.17  consumer through the use of undue influence, high pressure sales 
 33.18  tactics, harassment, duress, deception, or fraud; 
 33.19     (11) (12) failing to comply with restrictions on sales of 
 33.20  hearing aids in sections 153A.14, subdivision 9, and 153A.19; 
 33.21     (12) (13) performing the services of a certified hearing 
 33.22  instrument dispenser in an incompetent or negligent manner; 
 33.23     (13) (14) failing to comply with the requirements of this 
 33.24  chapter as an employer, supervisor, or trainee; 
 33.25     (14) (15) failing to provide information in a timely manner 
 33.26  in response to a request by the commissioner, commissioner's 
 33.27  designee, or the advisory council; 
 33.28     (15) (16) being convicted within the past five years of 
 33.29  violating any laws of the United States, or any state or 
 33.30  territory of the United States, and the violation is a felony, 
 33.31  gross misdemeanor, or misdemeanor, an essential element of which 
 33.32  relates to hearing instrument dispensing, except as provided in 
 33.33  chapter 364; 
 33.34     (16) (17) failing to cooperate with the commissioner, the 
 33.35  commissioner's designee, or the advisory council in any 
 33.36  investigation; 
 34.1      (17) (18) failing to perform hearing instrument dispensing 
 34.2   with reasonable judgment, skill, or safety due to the use of 
 34.3   alcohol or drugs, or other physical or mental impairment; 
 34.4      (18) (19) failing to fully disclose actions taken against 
 34.5   the applicant or the applicant's legal authorization to dispense 
 34.6   hearing instruments in this or another state; 
 34.7      (19) (20) violating a state or federal court order or 
 34.8   judgment, including a conciliation court judgment, relating to 
 34.9   the activities of the applicant in hearing instrument 
 34.10  dispensing; 
 34.11     (20) (21) having been or being disciplined by the 
 34.12  commissioner of the department of health, or other authority, in 
 34.13  this or another jurisdiction, if any of the grounds for the 
 34.14  discipline are the same or substantially equivalent to those in 
 34.15  sections 153A.13 to 153A.19; 
 34.16     (21) (22) misrepresenting the purpose of hearing tests, or 
 34.17  in any way communicating that the hearing test or hearing test 
 34.18  protocol required by section 153A.14, subdivision 4b, is a 
 34.19  medical evaluation, a diagnostic hearing evaluation conducted by 
 34.20  an audiologist, or is other than a test to select a hearing 
 34.21  instrument, except that the hearing instrument dispenser can 
 34.22  determine the need for or recommend the consumer obtain a 
 34.23  medical evaluation consistent with requirements of the United 
 34.24  States Food and Drug Administration; 
 34.25     (22) (23) violating any of the provisions of sections 
 34.26  153A.13 to 153A.19; and 
 34.27     (23) (24) aiding or abetting another person in violating 
 34.28  any of the provisions of sections 153A.13 to 153A.19. 
 34.29     Sec. 36.  [REPEALER.] 
 34.30     Minnesota Statutes 1998, sections 148.5193, subdivisions 3 
 34.31  and 5; and 148C.04, subdivision 5, are repealed.