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; making certain health-related data 1.3 nondisclosable; extending expiration date of the 1.4 medical education and research advisory committee; 1.5 modifying classification of certain licensing data; 1.6 modifying maternal and child health provisions; 1.7 removing expiration date for advisory council on water 1.8 supply systems and wastewater treatment facilities; 1.9 modifying provisions for speech-language pathologists, 1.10 audiologists, unlicensed mental health practitioners, 1.11 alcohol and drug counselors, and hearing instrument 1.12 dispensers; clarifying certain crimes committed by 1.13 psychotherapists; establishing protocol for 1.14 occupational exposure to bloodborne pathogens in 1.15 certain settings; modifying the Minnesota Health Care 1.16 Administrative Simplification Act; providing criminal 1.17 penalties; amending Minnesota Statutes 1998, sections 1.18 13.41, subdivision 2; 13.99, subdivision 38, and by 1.19 adding a subdivision; 15.059, subdivision 5a; 62J.51, 1.20 by adding subdivisions; 62J.52, subdivisions 1, 2, and 1.21 5; 62J.60, subdivision 1; 62J.69, subdivision 2; 1.22 72A.20, subdivision 29; 115.741, subdivision 3; 1.23 144.4804, by adding a subdivision; 145.881, 1.24 subdivision 2; 145.882, subdivision 7, and by adding a 1.25 subdivision; 145.885, subdivision 2; 148.511; 148.515, 1.26 subdivision 3; 148.517, by adding a subdivision; 1.27 148B.60, subdivision 3; 148B.68, subdivision 1; 1.28 148B.69, by adding a subdivision; 148B.71, subdivision 1.29 1; 148C.01, subdivisions 2, 7, 9, 10, and by adding a 1.30 subdivision; 148C.03, subdivision 1; 148C.04, by 1.31 adding subdivisions; 148C.06, subdivision 1; 148C.09, 1.32 subdivisions 1 and 1a; 148C.11, subdivision 1; 1.33 153A.13, subdivision 9, and by adding subdivisions; 1.34 153A.14, subdivisions 1, 2a, 2h, 4, 4a, and by adding 1.35 subdivisions; 153A.15, subdivision 1; 214.18, 1.36 subdivision 5, and by adding a subdivision; 214.19, 1.37 subdivision 1; 609.344, subdivision 1; 609.345, 1.38 subdivision 1; and 611A.19, subdivisions 1 and 2; 1.39 proposing coding for new law in Minnesota Statutes, 1.40 chapters 13; 62J; 144; and 241; repealing Minnesota 1.41 Statutes 1998, sections 144.761; 144.762; 144.763; 1.42 144.764; 144.765; 144.766; 144.767; 144.768; 144.769; 1.43 144.7691; 145.882, subdivisions 3 and 4; and 148C.04, 1.44 subdivision 5. 1.45 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 2.1 Section 1. [13.386] [CONFIDENTIALITY OF EXAMINATION 2.2 INFORMATION.] 2.3 The commissioner of health may not be required to divulge 2.4 any information obtained in the course of the supervision or 2.5 examination of health maintenance organizations as defined in 2.6 section 62D.02, subdivision 4, community integrated service 2.7 networks as defined in section 62N.02, subdivision 4a, 2.8 accountable provider networks as defined in section 62T.01, 2.9 subdivision 3, or county-based purchasing as regulated under 2.10 section 256B.69, including examination-related correspondence 2.11 and workpapers, until the examination report is finally accepted 2.12 and issued by the commissioner of health and then only in the 2.13 form of the final public report of examinations. This section 2.14 does not apply to the extent the commissioner of health is 2.15 required or permitted by law or ordered by a court of law to 2.16 testify or produce evidence in a civil or criminal proceeding. 2.17 For purposes of this section, a subpoena is not an order of a 2.18 court of law. 2.19 Sec. 2. Minnesota Statutes 1998, section 13.41, 2.20 subdivision 2, is amended to read: 2.21 Subd. 2. [PRIVATE DATA; DESIGNATED ADDRESSES AND TELEPHONE 2.22 NUMBERS.] (a) The following data collected, created or 2.23 maintained by any licensing agency are classified as private, 2.24 pursuant to section 13.02, subdivision 12: data, other than 2.25 their names and designated addresses, submitted by applicants 2.26 for licenses; the identity of complainants who have made reports 2.27 concerning licensees or applicants which appear in inactive 2.28 complaint data unless the complainant consents to the 2.29 disclosure; the nature or content of unsubstantiated complaints 2.30 when the information is not maintained in anticipation of legal 2.31 action; the identity of patients whose medical records are 2.32 received by any health licensing agency for purposes of review 2.33 or in anticipation of a contested matter; inactive investigative 2.34 data relating to violations of statutes or rules; and the record 2.35 of any disciplinary proceeding except as limited by subdivision 2.36 4. 3.1 (b) An applicant for a license shall designate on the 3.2 application a residence or business address and telephone number 3.3 at which the applicant can be contacted in connection with the 3.4 license application. A licensee who is subject to a 3.5 health-related licensing board, as defined in section 214.01, 3.6 subdivision 2, shall designate a residence or business address 3.7 and telephone number at which the licensee can be contacted in 3.8 connection with the license. Notwithstanding any other 3.9 provisions of this section, the residence address and residence 3.10 phone number of an applicant or licensee are private data on 3.11 individuals as defined in section 13.02, subdivision 12, if the 3.12 applicant or licensee so requests in writing and provides an 3.13 alternative address and telephone number. 3.14 Sec. 3. Minnesota Statutes 1998, section 13.99, 3.15 subdivision 38, is amended to read: 3.16 Subd. 38. [HEALTH TEST RESULTS.] Health test results 3.17 obtained under chapter 144 are classified under section144.7683.18 144.7611. 3.19 Sec. 4. Minnesota Statutes 1998, section 13.99, is amended 3.20 by adding a subdivision to read: 3.21 Subd. 65f. [BLOOD TEST RESULTS.] Blood test results 3.22 obtained under sections 241.33 to 241.342 are classified under 3.23 section 241.339. 3.24 Sec. 5. Minnesota Statutes 1998, section 15.059, 3.25 subdivision 5a, is amended to read: 3.26 Subd. 5a. [LATER EXPIRATION.] Notwithstanding subdivision 3.27 5, the advisory councils and committees listed in this 3.28 subdivision do not expire June 30, 1997. These groups expire 3.29 June 30, 2001, unless the law creating the group or this 3.30 subdivision specifies an earlier expiration date. 3.31 Investment advisory council, created in section 11A.08; 3.32 Intergovernmental information systems advisory council, 3.33 created in section 16B.42, expires June 30, 1999; 3.34 Feedlot and manure management advisory committee, created 3.35 in section 17.136; 3.36 Aquaculture advisory committee, created in section 17.49; 4.1 Dairy producers board, created in section 17.76; 4.2 Pesticide applicator education and examination review 4.3 board, created in section 18B.305; 4.4 Advisory seed potato certification task force, created in 4.5 section 21.112; 4.6 Food safety advisory committee, created in section 28A.20; 4.7 Minnesota organic advisory task force, created in section 4.8 31.95; 4.9 Medical education and research advisory committee, created 4.10 in section 62J.69; 4.11 Public programs risk adjustment work group, created in 4.12 section 62Q.03, expires June 30, 1999; 4.13 Workers' compensation self-insurers' advisory committee, 4.14 created in section 79A.02; 4.15 Youth corps advisory committee, created in section 84.0887; 4.16 Iron range off-highway vehicle advisory committee, created 4.17 in section 85.013; 4.18 Mineral coordinating committee, created in section 93.002; 4.19 Game and fish fund citizen advisory committees, created in 4.20 section 97A.055; 4.21 Wetland heritage advisory committee, created in section 4.22 103G.2242; 4.23 Wastewater treatment technical advisory committee, created 4.24 in section 115.54; 4.25 Solid waste management advisory council, created in section 4.26 115A.12; 4.27 Nuclear waste council, created in section 116C.711; 4.28 Genetically engineered organism advisory committee, created 4.29 in section 116C.93; 4.30 Environment and natural resources trust fund advisory 4.31 committee, created in section 116P.06; 4.32 Child abuse prevention advisory council, created in section 4.33 119A.13; 4.34 Chemical abuse and violence prevention council, created in 4.35 section 119A.27; 4.36 Youth neighborhood services advisory board, created in 5.1 section 119A.29; 5.2 Interagency coordinating council, created in section 5.3 125A.28, expires June 30, 1999; 5.4 Desegregation/integration advisory board, created in 5.5 section 124D.892; 5.6 Nonpublic education council, created in section 123B.445; 5.7 Permanent school fund advisory committee, created in 5.8 section 127A.30; 5.9 Indian scholarship committee, created in section 124D.84, 5.10 subdivision 2; 5.11 American Indian education committees, created in section 5.12 124D.80; 5.13 Summer scholarship advisory committee, created in section 5.14 124D.95; 5.15 Multicultural education advisory committee, created in 5.16 section 124D.894; 5.17 Male responsibility and fathering grants review committee, 5.18 created in section 124D.33; 5.19 Library for the blind and physically handicapped advisory 5.20 committee, created in section 134.31; 5.21 Higher education advisory council, created in section 5.22 136A.031; 5.23 Student advisory council, created in section 136A.031; 5.24 Cancer surveillance advisory committee, created in section 5.25 144.672; 5.26 Maternal and child health task force, created in section 5.27 145.881; 5.28 State community health advisory committee, created in 5.29 section 145A.10; 5.30 Mississippi River Parkway commission, created in section 5.31 161.1419; 5.32 School bus safety advisory committee, created in section 5.33 169.435; 5.34 Advisory council on workers' compensation, created in 5.35 section 175.007; 5.36 Code enforcement advisory council, created in section 6.1 175.008; 6.2 Medical services review board, created in section 176.103; 6.3 Apprenticeship advisory council, created in section 178.02; 6.4 OSHA advisory council, created in section 182.656; 6.5 Health professionals services program advisory committee, 6.6 created in section 214.32; 6.7 Rehabilitation advisory council for the blind, created in 6.8 section 248.10; 6.9 American Indian advisory council, created in section 6.10 254A.035; 6.11 Alcohol and other drug abuse advisory council, created in 6.12 section 254A.04; 6.13 Medical assistance drug formulary committee, created in 6.14 section 256B.0625; 6.15 Home care advisory committee, created in section 256B.071; 6.16 Preadmission screening, alternative care, and home and 6.17 community-based services advisory committee, created in section 6.18 256B.0911; 6.19 Traumatic brain injury advisory committee, created in 6.20 section 256B.093; 6.21 Minnesota commission serving deaf and hard-of-hearing 6.22 people, created in section 256C.28; 6.23 American Indian child welfare advisory council, created in 6.24 section 257.3579; 6.25 Juvenile justice advisory committee, created in section 6.26 268.29; 6.27 Northeast Minnesota economic development fund technical 6.28 advisory committees, created in section 298.2213; 6.29 Iron range higher education committee, created in section 6.30 298.2214; 6.31 Northeast Minnesota economic protection trust fund 6.32 technical advisory committee, created in section 298.297; 6.33 Pipeline safety advisory committee, created in section 6.34 299J.06, expires June 30, 1998; 6.35 Battered women's advisory council, created in section 6.36 611A.34. 7.1 Sec. 6. Minnesota Statutes 1998, section 62J.51, is 7.2 amended by adding a subdivision to read: 7.3 Subd. 19a. [UNIFORM EXPLANATION OF BENEFITS 7.4 DOCUMENT.] "Uniform explanation of benefits document" means the 7.5 document associated with and explaining the details of a group 7.6 purchaser's claim adjudication for services rendered, which is 7.7 sent to a patient. 7.8 Sec. 7. Minnesota Statutes 1998, section 62J.51, is 7.9 amended by adding a subdivision to read: 7.10 Subd. 19b. [UNIFORM REMITTANCE ADVICE REPORT.] "Uniform 7.11 remittance advice report" means the document associated with and 7.12 explaining the details of a group purchaser's claim adjudication 7.13 for services rendered, which is sent to a provider. 7.14 Sec. 8. Minnesota Statutes 1998, section 62J.52, 7.15 subdivision 1, is amended to read: 7.16 Subdivision 1. [UNIFORM BILLING FORM HCFA 1450.] (a) On 7.17 and after January 1, 1996, all institutional inpatient hospital 7.18 services, ancillary services,andinstitutionally owned or 7.19 operated outpatient services rendered by providers in Minnesota, 7.20 and institutional or noninstitutional home health services that 7.21 are not being billed using an equivalent electronic billing 7.22 format, must be billed using the uniform billing form HCFA 1450, 7.23 except as provided in subdivision 5. 7.24 (b) The instructions and definitions for the use of the 7.25 uniform billing form HCFA 1450 shall be in accordance with the 7.26 uniform billing form manual specified by the commissioner. In 7.27 promulgating these instructions, the commissioner may utilize 7.28 the manual developed by the National Uniform Billing Committee, 7.29 as adopted and finalized by the Minnesota uniform billing 7.30 committee. 7.31 (c) Services to be billed using the uniform billing form 7.32 HCFA 1450 include: institutional inpatient hospital services 7.33 and distinct units in the hospital such as psychiatric unit 7.34 services, physical therapy unit services, swing bed (SNF) 7.35 services, inpatient state psychiatric hospital services, 7.36 inpatient skilled nursing facility services, home health 8.1 services (Medicare part A), and hospice services; ancillary 8.2 services, where benefits are exhausted or patient has no 8.3 Medicare part A, from hospitals, state psychiatric hospitals, 8.4 skilled nursing facilities, and home health (Medicare part B); 8.5andinstitutional owned or operated outpatient services such as 8.6 waivered services, hospital outpatient services, including 8.7 ambulatory surgical center services, hospital referred 8.8 laboratory services, hospital-based ambulance services, and 8.9 other hospital outpatient services, skilled nursing facilities, 8.10 home health, including infusion therapy, freestanding renal 8.11 dialysis centers, comprehensive outpatient rehabilitation 8.12 facilities (CORF), outpatient rehabilitation facilities (ORF), 8.13 rural health clinics, and community mental health centers,; home 8.14 health services such as home health intravenous therapy 8.15 providers, waivered services, personal care attendants, and 8.16 hospice; and any other health care provider certified by the 8.17 Medicare program to use this form. 8.18 (d) On and after January 1, 1996, a mother and newborn 8.19 child must be billed separately, and must not be combined on one 8.20 claim form. 8.21 Sec. 9. Minnesota Statutes 1998, section 62J.52, 8.22 subdivision 2, is amended to read: 8.23 Subd. 2. [UNIFORM BILLING FORM HCFA 1500.] (a) On and 8.24 after January 1, 1996, all noninstitutional health care services 8.25 rendered by providers in Minnesota except dental or pharmacy 8.26 providers, that are not currently being billed using an 8.27 equivalent electronic billing format, must be billed using the 8.28 health insurance claim form HCFA 1500, except as provided in 8.29 subdivision 5. 8.30 (b) The instructions and definitions for the use of the 8.31 uniform billing form HCFA 1500 shall be in accordance with the 8.32 manual developed by the administrative uniformity committee 8.33 entitled standards for the use of the HCFA 1500 form, dated 8.34 February 1994, as further defined by the commissioner. 8.35 (c) Services to be billed using the uniform billing form 8.36 HCFA 1500 include physician services and supplies, durable 9.1 medical equipment, noninstitutional ambulance services, 9.2 independent ancillary services including occupational therapy, 9.3 physical therapy, speech therapy and audiology, podiatry 9.4 services, optometry services, mental health licensed 9.5 professional services, substance abuse licensed professional 9.6 services, nursing practitioner professional services, certified 9.7 registered nurse anesthetists, chiropractors, physician 9.8 assistants, laboratories, medical suppliers, and other health 9.9 care providers such ashome health intravenous therapy9.10providers, personal care attendants,day activity centers,9.11waivered services, hospice, and other home health services,and 9.12 freestanding ambulatory surgical centers. 9.13 Sec. 10. Minnesota Statutes 1998, section 62J.52, 9.14 subdivision 5, is amended to read: 9.15 Subd. 5. [STATE AND FEDERAL HEALTH CARE PROGRAMS.] (a) 9.16 Skilled nursing facilities and ICF/MR services billed to state 9.17 and federal health care programs administered by the department 9.18 of human services shall use the form designated by the 9.19 department of human services. 9.20 (b) On and after July 1, 1996, state and federal health 9.21 care programs administered by the department of human services 9.22 shall accept the HCFA 1450 for community mental health center 9.23 services and shall accept the HCFA 1500 for freestanding 9.24 ambulatory surgical center services. 9.25 (c) State and federal health care programs administered by 9.26 the department of human services shall be authorized to use the 9.27 forms designated by the department of human services for 9.28 pharmacy servicesand for child and teen checkup services. 9.29 (d) State and federal health care programs administered by 9.30 the department of human services shall accept the form 9.31 designated by the department of human services, and the HCFA 9.32 1500 for supplies, medical supplies, or durable medical 9.33 equipment. Health care providers may choose which form to 9.34 submit. 9.35 (e) Personal care attendant and waivered services billed on 9.36 a fee-for-service basis directly to state and federal health 10.1 care programs administered by the department of human services 10.2 shall use either the HCFA 1450 or the HCFA 1500 form, as 10.3 designated by the department of human services. 10.4 Sec. 11. [62J.581] [STANDARDS FOR MINNESOTA UNIFORM HEALTH 10.5 CARE REIMBURSEMENT DOCUMENTS.] 10.6 Subdivision 1. [MINNESOTA UNIFORM REMITTANCE ADVICE 10.7 REPORT.] All group purchasers and payers shall provide a uniform 10.8 remittance advice report to health care providers when a claim 10.9 is adjudicated. The uniform remittance advice report shall 10.10 comply with the standards prescribed in this section. 10.11 Subd. 2. [MINNESOTA UNIFORM EXPLANATION OF BENEFITS 10.12 DOCUMENT.] All group purchasers and payers shall provide a 10.13 uniform explanation of benefits document to health care patients 10.14 when a claim is adjudicated. The uniform explanation of 10.15 benefits document shall comply with the standards prescribed in 10.16 this section. 10.17 Subd. 3. [SCOPE.] For purposes of sections 62J.50 to 10.18 62J.61, the uniform remittance advice report and the uniform 10.19 explanation of benefits document format specified in subdivision 10.20 4 shall apply to all health care services delivered by a health 10.21 care provider or health care provider organization in Minnesota, 10.22 regardless of the location of the payer. Health care services 10.23 not paid on an individual claims basis, such as capitated 10.24 payments, are not included in this section. A health plan 10.25 company is excluded from the requirements in subdivisions 1 and 10.26 2 if they comply with section 62A.01, subdivisions 2 and 3. 10.27 Subd. 4. [SPECIFICATIONS.] The uniform remittance advice 10.28 report and the uniform explanation of benefits document shall be 10.29 provided by use of a paper document conforming to the 10.30 specifications in this section or by use of the ANSI X12N 835 10.31 standard electronic format as established under sections 1171 to 10.32 1179 of Public Law Number 104-191, Statutes at Large, volume 10.33 110, page 1936, and as updated from time to time for the 10.34 remittance advice. The commissioner, after consulting with the 10.35 administrative uniformity committee, shall specify the data 10.36 elements and definitions for the uniform remittance advice 11.1 report and the uniform explanation of benefits document. 11.2 Subd. 5. [EFFECTIVE DATE.] The requirements in 11.3 subdivisions 1 and 2 are effective 12 months after standards for 11.4 the electronic remittance advice transaction are effective under 11.5 sections 1171 to 1179 of Public Law Number 104-191, Statutes at 11.6 Large, volume 110, page 1936, and as updated from time to time. 11.7 The requirements in subdivisions 1 and 2 apply regardless of 11.8 when the health care service was provided to the patient. 11.9 Sec. 12. Minnesota Statutes 1998, section 62J.60, 11.10 subdivision 1, is amended to read: 11.11 Subdivision 1. [MINNESOTA HEALTH CARE IDENTIFICATION 11.12 CARD.] All individuals with health care coverage shall be issued 11.13 health care identification cards by group purchasers as of 11.14 January 1, 1998, unless the requirements of section 62A.01, 11.15 subdivisions 2 and 3, are met. The health care identification 11.16 cards shall comply with the standards prescribed in this section. 11.17 Sec. 13. Minnesota Statutes 1998, section 62J.69, 11.18 subdivision 2, is amended to read: 11.19 Subd. 2. [ALLOCATION AND FUNDING FOR MEDICAL EDUCATION AND 11.20 RESEARCH.] (a) The commissioner may establish a trust fund for 11.21 the purposes of funding medical education and research 11.22 activities in the state of Minnesota. 11.23 (b) By January 1, 1997, the commissioner may appoint an 11.24 advisory committee to provide advice and oversight on the 11.25 distribution of funds from the medical education and research 11.26 trust fund. If a committee is appointed, the commissioner 11.27 shall: (1) consider the interest of all stakeholders when 11.28 selecting committee members; (2) select members that represent 11.29 both urban and rural interest; and (3) select members that 11.30 include ambulatory care as well as inpatient perspectives. The 11.31 commissioner shall appoint to the advisory committee 11.32 representatives of the following groups: medical researchers, 11.33 public and private academic medical centers, managed care 11.34 organizations, Blue Cross and Blue Shield of Minnesota, 11.35 commercial carriers, Minnesota Medical Association, Minnesota 11.36 Nurses Association, medical product manufacturers, employers, 12.1 and other relevant stakeholders, including consumers. The 12.2 advisory committee is governed by section 15.059, for membership 12.3 terms and removal of members and will sunset on June 30,199912.4 2001. 12.5 (c) Eligible applicants for funds are accredited medical 12.6 education teaching institutions, consortia, and programs 12.7 operating in Minnesota. Applications must be submitted by the 12.8 sponsoring institution on behalf of the teaching program, and 12.9 must be received by September 30 of each year for distribution 12.10 in January of the following year. An application for funds must 12.11 include the following: 12.12 (1) the official name and address of the sponsoring 12.13 institution and the official name and address of the facility or 12.14 programs on whose behalf the institution is applying for 12.15 funding; 12.16 (2) the name, title, and business address of those persons 12.17 responsible for administering the funds; 12.18 (3) for each accredited medical education program for which 12.19 funds are being sought the type and specialty orientation of 12.20 trainees in the program, the name, address, and medical 12.21 assistance provider number of each training site used in the 12.22 program, the total number of trainees at each site, and the 12.23 total number of eligible trainees at each training site; 12.24 (4) audited clinical training costs per trainee for each 12.25 medical education program where available or estimates of 12.26 clinical training costs based on audited financial data; 12.27 (5) a description of current sources of funding for medical 12.28 education costs including a description and dollar amount of all 12.29 state and federal financial support, including Medicare direct 12.30 and indirect payments; 12.31 (6) other revenue received for the purposes of clinical 12.32 training; and 12.33 (7) other supporting information the commissioner, with 12.34 advice from the advisory committee, determines is necessary for 12.35 the equitable distribution of funds. 12.36 (d) The commissioner shall distribute medical education 13.1 funds to all qualifying applicants based on the following basic 13.2 criteria: (1) total medical education funds available; (2) 13.3 total eligible trainees in each eligible education program; and 13.4 (3) the statewide average cost per trainee, by type of trainee, 13.5 in each medical education program. Funds distributed shall not 13.6 be used to displace current funding appropriations from federal 13.7 or state sources. Funds shall be distributed to the sponsoring 13.8 institutions indicating the amount to be paid to each of the 13.9 sponsor's medical education programs based on the criteria in 13.10 this paragraph. Sponsoring institutions which receive funds 13.11 from the trust fund must distribute approved funds to the 13.12 medical education program according to the commissioner's 13.13 approval letter. Further, programs must distribute funds among 13.14 the sites of training as specified in the commissioner's 13.15 approval letter. Any funds not distributed as directed by the 13.16 commissioner's approval letter shall be returned to the medical 13.17 education and research trust fund within 30 days of a notice 13.18 from the commissioner. The commissioner shall distribute 13.19 returned funds to the appropriate entities in accordance with 13.20 the commissioner's approval letter. 13.21 (e) Medical education programs receiving funds from the 13.22 trust fund must submit a medical education and research grant 13.23 verification report (GVR) through the sponsoring institution 13.24 based on criteria established by the commissioner. If the 13.25 sponsoring institution fails to submit the GVR by the stated 13.26 deadline, or to request and meet the deadline for an extension, 13.27 the sponsoring institution is required to return the full amount 13.28 of the medical education and research trust fund grant to the 13.29 medical education and research trust fund within 30 days of a 13.30 notice from the commissioner. The commissioner shall distribute 13.31 returned funds to the appropriate entities in accordance with 13.32 the commissioner's approval letter. The reports must include: 13.33 (1) the total number of eligible trainees in the program; 13.34 (2) the programs and residencies funded, the amounts of 13.35 trust fund payments to each program, and within each program, 13.36 the dollar amount distributed to each training site; and 14.1 (3) other information the commissioner, with advice from 14.2 the advisory committee, deems appropriate to evaluate the 14.3 effectiveness of the use of funds for clinical training. 14.4 The commissioner, with advice from the advisory committee, 14.5 will provide an annual summary report to the legislature on 14.6 program implementation due February 15 of each year. 14.7 (f) The commissioner is authorized to distribute funds made 14.8 available through: 14.9 (1) voluntary contributions by employers or other entities; 14.10 (2) allocations for the department of human services to 14.11 support medical education and research; and 14.12 (3) other sources as identified and deemed appropriate by 14.13 the legislature for inclusion in the trust fund. 14.14 (g) The advisory committee shall continue to study and make 14.15 recommendations on: 14.16 (1) the funding of medical research consistent with work 14.17 currently mandated by the legislature and under way at the 14.18 department of health; and 14.19 (2) the costs and benefits associated with medical 14.20 education and research. 14.21 Sec. 14. Minnesota Statutes 1998, section 72A.20, 14.22 subdivision 29, is amended to read: 14.23 Subd. 29. [HIV TESTS; CRIME VICTIMS.] No insurer regulated 14.24 under chapter 61A or 62B, or providing health, medical, 14.25 hospitalization, or accident and sickness insurance regulated 14.26 under chapter 62A, or nonprofit health services corporation 14.27 regulated under chapter 62C, health maintenance organization 14.28 regulated under chapter 62D, or fraternal benefit society 14.29 regulated under chapter 64B, may: 14.30 (1) obtain or use the performance of or the results of a 14.31 test to determine the presence of the human immunodeficiency 14.32 virus (HIV) antibody performed on an offender under section 14.33 611A.19 or performed on a crime victim who was exposed to or had 14.34 contact with an offender's bodily fluids during commission of a 14.35 crime that was reported to law enforcement officials, in order 14.36 to make an underwriting decision, cancel, fail to renew, or take 15.1 any other action with respect to a policy, plan, certificate, or 15.2 contract; 15.3 (2) obtain or use the performance of or the results of a 15.4 test to determine the presence of the human immunodeficiency 15.5 virus (HIV) antibody performed ona patient pursuant to sections15.6144.761 to 144.7691, or performed on emergency medical services15.7personnel pursuant to the protocol under section 144.762,15.8subdivision 2,an individual according to sections 144.7601 to 15.9 144.7615 or 241.33 to 241.342 in order to make an underwriting 15.10 decision, cancel, fail to renew, or take any other action with 15.11 respect to a policy, plan, certificate, or contract; for15.12purposes of this clause, "patient" and "emergency medical15.13services personnel" have the meanings given in section 144.761; 15.14 or 15.15 (3) ask an applicant for coverage or a person already 15.16 covered whether the person has: (i) had a test performed for 15.17 the reason set forth in clause (1) or (2); or (ii) been the 15.18 victim of an assault or any other crime which involves bodily 15.19 contact with the offender. 15.20 A question that purports to require an answer that would 15.21 provide information regarding a test performed for the reason 15.22 set forth in clause (1) or (2) may be interpreted as excluding 15.23 this test. An answer that does not mention the test is 15.24 considered to be a truthful answer for all purposes. An 15.25 authorization for the release of medical records for insurance 15.26 purposes must specifically exclude any test performed for the 15.27 purpose set forth in clause (1) or (2) and must be read as 15.28 providing this exclusion regardless of whether the exclusion is 15.29 expressly stated. This subdivision does not affect tests 15.30 conducted for purposes other than those described in clause (1) 15.31 or (2), including any test to determine the presence of the 15.32 human immunodeficiency virus (HIV) antibody if such test was 15.33 performed at the insurer's direction as part of the insurer's 15.34 normal underwriting requirements. 15.35 Sec. 15. Minnesota Statutes 1998, section 115.741, 15.36 subdivision 3, is amended to read: 16.1 Subd. 3. [TERMS; COMPENSATION.] The terms of the appointed 16.2 members and the compensation and removal of all members are 16.3 governed by section 15.059.The council expires June 30, 1999.16.4 Sec. 16. Minnesota Statutes 1998, section 144.4804, is 16.5 amended by adding a subdivision to read: 16.6 Subd. 8. [TUBERCULOSIS NOTIFICATION.] If an emergency 16.7 medical services person, as defined in section 144.7601, 16.8 subdivision 4, is exposed to a person with active tuberculosis 16.9 during the performance of duties, the treatment facility's 16.10 designated infection control coordinator shall notify the 16.11 emergency medical services agency's exposure control officer by 16.12 telephone and by written correspondence. The facility's 16.13 designated infection control coordinator shall provide the 16.14 emergency medical services person with information about 16.15 screening and, if indicated, follow-up. 16.16 Sec. 17. [144.7601] [DEFINITIONS.] 16.17 Subdivision 1. [SCOPE OF DEFINITIONS.] For purposes of 16.18 sections 144.7601 to 144.7615, the following terms have the 16.19 meanings given them. 16.20 Subd. 2. [BLOODBORNE PATHOGENS.] "Bloodborne pathogens" 16.21 means pathogenic microorganisms that are present in human blood 16.22 and can cause disease in humans. These pathogens include, but 16.23 are not limited to, hepatitis B virus (HBV), hepatitis C virus 16.24 (HCV), and human immunodeficiency virus (HIV). 16.25 Subd. 3. [EMERGENCY MEDICAL SERVICES AGENCY.] "Emergency 16.26 medical services agency" means an agency, entity, or 16.27 organization that employs or uses emergency medical services 16.28 persons as employees or volunteers. 16.29 Subd. 4. [EMERGENCY MEDICAL SERVICES PERSON.] "Emergency 16.30 medical services person" means an individual who provides 16.31 out-of-hospital emergency medical services during the 16.32 performance of the person's duties, including: 16.33 (1) an individual employed or receiving compensation to 16.34 provide out-of-hospital emergency medical services such as a 16.35 firefighter, paramedic, emergency medical technician, licensed 16.36 nurse, rescue squad person, or other individual who serves as an 17.1 employee or volunteer of an ambulance service as defined under 17.2 chapter 144E or a member of an organized first responder squad 17.3 that is formally recognized by a political subdivision in the 17.4 state; 17.5 (2) an individual employed as a licensed peace officer 17.6 under section 626.84, subdivision 1; 17.7 (3) an individual employed as a crime laboratory worker 17.8 while working outside the laboratory and involved in a criminal 17.9 investigation; and 17.10 (4) any other individual who renders emergency care or 17.11 assistance at the scene of an emergency or while an injured 17.12 person is being transported to receive medical care and who is 17.13 acting as a good samaritan under section 604A.01. 17.14 Subd. 5. [SOURCE INDIVIDUAL.] "Source individual" means 17.15 any individual, living or dead, whose blood, tissue, or 17.16 potentially infectious body fluids may be a source of bloodborne 17.17 pathogen exposure to an emergency medical services person. 17.18 Examples include, but are not limited to, a victim of an 17.19 accident, injury, or illness or a deceased person. 17.20 Subd. 6. [SIGNIFICANT EXPOSURE.] "Significant exposure" 17.21 means contact, in a manner supported by the most current 17.22 recommendations of the United States Public Health Service at 17.23 the time an evaluation takes place, that includes: 17.24 (1) percutaneous injury, contact of mucous membrane or 17.25 nonintact skin, or prolonged contact of intact skin; and 17.26 (2) contact, in a manner that may transmit a bloodborne 17.27 pathogen, with blood, tissue, or potentially infectious body 17.28 fluids. 17.29 Subd. 7. [FACILITY.] "Facility" means a hospital licensed 17.30 under sections 144.50 to 144.56 or a freestanding emergency 17.31 medical care facility licensed under Laws 1988, chapter 467, 17.32 that receives an emergency medical services person for 17.33 evaluation for significant exposure or a source individual cared 17.34 for by an emergency medical services person. 17.35 Sec. 18. [144.7602] [CONDITIONS FOR APPLICABILITY OF 17.36 PROCEDURES.] 18.1 Subdivision 1. [REQUEST FOR PROCEDURES.] An emergency 18.2 medical services person or emergency medical services agency may 18.3 request that a facility follow the procedures of sections 18.4 144.7601 to 144.7615 when an emergency medical services person 18.5 may have experienced a significant exposure to a source 18.6 individual. 18.7 Subd. 2. [CONDITIONS.] A facility shall follow the 18.8 procedures outlined in sections 144.7601 to 144.7615 when all of 18.9 the following conditions are met: 18.10 (1) the facility determines that significant exposure has 18.11 occurred, following the protocol under section 144.7614; 18.12 (2) the licensed physician for the emergency medical 18.13 services person needs the source individual's bloodborne 18.14 pathogen test results to begin, continue, modify, or discontinue 18.15 treatment, in accordance with the most current guidelines of the 18.16 United States Public Health Service, because of possible 18.17 exposure to a bloodborne pathogen; and 18.18 (3) the emergency medical services person consents to 18.19 provide a blood sample for testing for a bloodborne pathogen. 18.20 If the emergency medical services person consents to blood 18.21 collection, but does not consent at that time to bloodborne 18.22 pathogen testing, the facility shall preserve the sample for at 18.23 least 90 days. If the emergency medical services person elects 18.24 to have the sample tested within 90 days, the testing shall be 18.25 done as soon as feasible. 18.26 Subd. 3. [LOCATING SOURCE INDIVIDUAL.] If the source 18.27 individual is not received by a facility but the facility is 18.28 providing treatment to the emergency medical services person, 18.29 the emergency medical services agency shall make reasonable 18.30 efforts to locate the source individual and inform the facility 18.31 of the source individual's identity and location. The facility 18.32 shall make a reasonable effort to contact the source individual 18.33 in order to follow the procedures in sections 144.7601 to 18.34 144.7615. The emergency services agency and facilities may 18.35 exchange private data about the source individual as necessary 18.36 to fulfill their responsibilities under this subdivision, 19.1 notwithstanding any provision of law to the contrary. 19.2 Sec. 19. [144.7603] [INFORMATION REQUIRED TO BE GIVEN TO 19.3 INDIVIDUALS.] 19.4 Subdivision 1. [INFORMATION TO SOURCE INDIVIDUAL.] (a) 19.5 Before seeking any consent required by the procedures under 19.6 sections 144.7601 to 144.7615, a facility shall inform the 19.7 source individual that the source individual's bloodborne 19.8 pathogen test results, without the individual's name, address, 19.9 or other uniquely identifying information, shall be reported to 19.10 the emergency medical services person if requested, and that 19.11 test results collected under sections 144.7601 to 144.7615 are 19.12 for medical purposes as set forth in section 144.7609 and may 19.13 not be used as evidence in any criminal proceedings. 19.14 (b) The facility shall inform the source individual that 19.15 the individual may refuse to provide a blood sample and that the 19.16 source individual's refusal may result in a request for a court 19.17 order to require the source individual to provide a blood sample. 19.18 (c) The facility shall inform the source individual that 19.19 the facility will advise the emergency medical services person 19.20 of the confidentiality requirements and penalties before 19.21 disclosing any test information. 19.22 Subd. 2. [INFORMATION TO EMS PERSON.] Before disclosing 19.23 any information about the source individual, the facility shall 19.24 inform the emergency medical services person of the 19.25 confidentiality requirements of section 144.7611 and that the 19.26 person may be subject to penalties for unauthorized release of 19.27 information about the source individual under section 144.7612. 19.28 Sec. 20. [144.7604] [DISCLOSURE OF POSITIVE BLOODBORNE 19.29 PATHOGEN TEST RESULTS.] 19.30 If the conditions of sections 144.7602 and 144.7603 are 19.31 met, the facility shall ask the source individual and the 19.32 emergency medical services person if they have ever had a 19.33 positive test for a bloodborne pathogen. The facility must 19.34 attempt to get existing test results under this section before 19.35 taking any steps to obtain a blood sample or to test for 19.36 bloodborne pathogens. The facility shall disclose the source 20.1 individual's bloodborne pathogen test results to the emergency 20.2 medical services person without the source individual's name, 20.3 address, or other uniquely identifying information. 20.4 Sec. 21. [144.7605] [CONSENT PROCEDURES GENERALLY.] 20.5 (a) For purposes of sections 144.7601 to 144.7615, whenever 20.6 the facility is required to seek consent, the facility shall 20.7 follow its usual procedure for obtaining consent from an 20.8 individual or an individual's representative consistent with 20.9 other law applicable to consent. 20.10 (b) Consent from a source individual's representative for 20.11 bloodborne pathogen testing of a blood sample obtained from the 20.12 source individual is not required if the facility has made 20.13 reasonable efforts to obtain the representative's consent and 20.14 consent cannot be obtained within 24 hours of a significant 20.15 exposure. 20.16 (c) If testing of the source individual's blood occurs 20.17 without consent because the source individual is unable to 20.18 provide consent or has left the facility and cannot be located, 20.19 and the source individual's representative cannot be located, 20.20 the facility shall provide the information required in section 20.21 144.7603 to the source individual or representative whenever it 20.22 is possible to do so. 20.23 (d) If a source individual dies before an opportunity to 20.24 consent to blood collection or testing under sections 144.7601 20.25 to 144.7615, the facility does not need consent of the deceased 20.26 person's representative for purposes of sections 144.7601 to 20.27 144.7615. 20.28 Sec. 22. [144.7606] [TESTING OF AVAILABLE BLOOD.] 20.29 Subdivision 1. [PROCEDURES WITH CONSENT.] If the source 20.30 individual is or was under the care or custody of the facility 20.31 and a sample of the source individual's blood is available with 20.32 the consent of the source individual, the facility shall test 20.33 that blood for bloodborne pathogens with the consent of the 20.34 source individual, provided the conditions in sections 144.7602 20.35 and 144.7603 are met. 20.36 Subd. 2. [PROCEDURES WITHOUT CONSENT.] If the source 21.1 individual has provided a blood sample with consent but does not 21.2 consent to bloodborne pathogen testing, the facility shall test 21.3 for bloodborne pathogens if the emergency medical services 21.4 person or emergency medical services agency requests the test, 21.5 provided all of the following criteria are met: 21.6 (1) the emergency medical services person or emergency 21.7 medical services agency has documented exposure to blood or body 21.8 fluids during performance of that person's occupation or while 21.9 acting as a good samaritan under section 604A.01; 21.10 (2) the facility has determined that a significant exposure 21.11 has occurred under section 144.7614, subdivision 2, and a 21.12 licensed physician for the emergency medical services person has 21.13 documented in the emergency medical services person's medical 21.14 record that bloodborne pathogen test results are needed for 21.15 beginning, modifying, continuing, or discontinuing medical 21.16 treatment for the emergency medical services person as 21.17 recommended by the most current guidelines of the United States 21.18 Public Health Service; 21.19 (3) the emergency medical services person provides a blood 21.20 sample for testing for bloodborne pathogens as soon as feasible; 21.21 (4) the facility asks the source individual to consent to a 21.22 test for bloodborne pathogens and the source individual does not 21.23 consent; 21.24 (5) the facility has provided the source individual with 21.25 all of the information required by section 144.7603; and 21.26 (6) the facility has informed the emergency medical 21.27 services person of the confidentiality requirements of section 21.28 144.7611 and the penalties for unauthorized release of source 21.29 information under section 144.7612. 21.30 Subd. 3. [FOLLOW-UP.] The facility shall inform the source 21.31 individual and the emergency medical services person of their 21.32 own test results. The facility shall inform the emergency 21.33 medical services person of the source individual's test results 21.34 without the source individual's name, address, or other uniquely 21.35 identifying information. 21.36 Sec. 23. [144.7607] [BLOOD SAMPLE COLLECTION FOR TESTING.] 22.1 Subdivision 1. [WITH CONSENT.] (a) If a blood sample is 22.2 not otherwise available, the facility shall obtain consent from 22.3 the source individual before collecting a blood sample for 22.4 testing for bloodborne pathogens. The consent process shall 22.5 include informing the source individual that the individual may 22.6 refuse to provide a blood sample and that the source 22.7 individual's refusal may result in a request for a court order 22.8 under subdivision 2 to require the source individual to provide 22.9 a blood sample. 22.10 (b) If the source individual consents to provide a blood 22.11 sample, the facility shall collect a blood sample and test the 22.12 sample for bloodborne pathogens. 22.13 (c) The facility shall inform the emergency medical 22.14 services person about the source individual's test results 22.15 without the individual's name, address, or other uniquely 22.16 identifying information. The facility shall inform the source 22.17 individual of the test results. 22.18 (d) If the source individual refuses to provide a blood 22.19 sample for testing, the facility shall inform the emergency 22.20 medical services person of the source individual's refusal. 22.21 Subd. 2. [PROCEDURES WITHOUT CONSENT.] (a) An emergency 22.22 medical services agency, or, if there is no agency, an emergency 22.23 medical services person, may bring a petition for a court order 22.24 to require a source individual to provide a blood sample for 22.25 testing for bloodborne pathogens. The petition shall be filed 22.26 in the district court in the county where the source individual 22.27 resides or is hospitalized. The petitioner shall serve the 22.28 petition on the source individual at least three days before a 22.29 hearing on the petition. The petition shall include one or more 22.30 affidavits attesting that: 22.31 (1) the facility followed the procedures in sections 22.32 144.7601 to 144.7615 and attempted to obtain bloodborne pathogen 22.33 test results according to those sections; 22.34 (2) a licensed physician knowledgeable about the most 22.35 current recommendations of the United States Public Health 22.36 Service has determined that a significant exposure has occurred 23.1 to the emergency medical services person; and 23.2 (3) a physician with specialty training in infectious 23.3 diseases, including HIV, has documented that bloodborne pathogen 23.4 test results are needed for beginning, continuing, modifying, or 23.5 discontinuing medical treatment for the emergency medical 23.6 services person. 23.7 (b) Facilities shall cooperate with petitioners in 23.8 providing any necessary affidavits to the extent that facility 23.9 staff can attest under oath to the facts in the affidavits. 23.10 (c) The court may order the source individual to provide a 23.11 blood sample for bloodborne pathogen testing if: 23.12 (1) there is probable cause to believe the emergency 23.13 medical services person has experienced a significant exposure 23.14 to the source individual; 23.15 (2) the court imposes appropriate safeguards against 23.16 unauthorized disclosure that must specify the persons who have 23.17 access to the test results and the purposes for which the test 23.18 results may be used; 23.19 (3) a licensed physician for the emergency medical services 23.20 person needs the test results for beginning, continuing, 23.21 modifying, or discontinuing medical treatment for the emergency 23.22 medical services person; and 23.23 (4) the court finds a compelling need for the test 23.24 results. In assessing compelling need, the court shall weigh 23.25 the need for the court-ordered blood collection and test results 23.26 against the privacy interests of the source individual. The 23.27 court shall also consider whether the involuntary blood 23.28 collection and testing would serve the public interest. 23.29 (d) The court shall conduct the proceeding in camera unless 23.30 the petitioner or the source individual requests a hearing in 23.31 open court or the court determines that a public hearing is 23.32 necessary to the public interest and the proper administration 23.33 of justice. 23.34 (e) The source individual has the right to counsel in any 23.35 proceeding brought under this subdivision. 23.36 Sec. 24. [144.7608] [NO DISCRIMINATION.] 24.1 A facility shall not base decisions about admission to a 24.2 facility or the provision of care or treatment on any 24.3 requirement that the source individual consent to bloodborne 24.4 pathogen testing under sections 144.7601 to 144.7615. 24.5 Sec. 25. [144.7609] [USE OF TEST RESULTS.] 24.6 Bloodborne pathogen test results of a source individual 24.7 obtained under sections 144.7601 to 144.7615 are for diagnostic 24.8 purposes and to determine the need for treatment or medical care 24.9 specific to a bloodborne pathogen-related illness of an 24.10 emergency medical services person. The test results may not be 24.11 used as evidence in any criminal proceedings. 24.12 Sec. 26. [144.7611] [TEST INFORMATION CONFIDENTIALITY.] 24.13 Subdivision 1. [PRIVATE DATA.] Information concerning test 24.14 results obtained under sections 144.7601 to 144.7615 is 24.15 information protected from disclosure without consent under 24.16 section 144.335 with respect to private facilities and private 24.17 data as defined in section 13.02, subdivision 12, with respect 24.18 to public facilities. 24.19 Subd. 2. [CONSENT TO RELEASE INFORMATION.] No facility, 24.20 individual, or employer shall disclose to an emergency medical 24.21 services person the name, address, or other uniquely identifying 24.22 information about a source individual without a written release 24.23 signed by the source individual or the source individual's 24.24 legally authorized representative. The facility shall not 24.25 record the name, address, or other uniquely identifying 24.26 information about the source individual's test results in the 24.27 emergency medical services person's medical records. 24.28 Sec. 27. [144.7612] [PENALTY FOR UNAUTHORIZED RELEASE OF 24.29 INFORMATION.] 24.30 Any unauthorized release by an individual, facility, or 24.31 agency of a source individual's name, address, or other uniquely 24.32 identifying information under sections 144.7601 to 144.7615 is a 24.33 misdemeanor. This section does not preclude the source 24.34 individual from pursuing remedies and penalties under sections 24.35 13.08, 13.09, or 144.335, or other private causes of action 24.36 against an individual, state agency, statewide system, political 25.1 subdivision, or person responsible for releasing private data or 25.2 information protected from disclosure. 25.3 Sec. 28. [144.7613] [RESPONSIBILITY FOR TESTING AND 25.4 TREATMENT; COSTS.] 25.5 (a) The facility shall ensure that tests under sections 25.6 144.7601 to 144.7615 are performed if requested by the emergency 25.7 medical services person or emergency medical services agency, 25.8 provided the conditions set forth in sections 144.7601 to 25.9 144.7615 are met. 25.10 (b) The emergency medical services agency that employs the 25.11 emergency medical services person who requests testing under 25.12 sections 144.7601 to 144.7615 must pay or arrange payment for 25.13 the cost of counseling, testing, and treatment of the emergency 25.14 medical services person and costs associated with the testing of 25.15 the source individual. 25.16 (c) A facility shall have a protocol that states whether 25.17 the facility will pay for the cost of counseling, testing, or 25.18 treatment of a person acting as a good samaritan under section 25.19 604A.01. 25.20 Sec. 29. [144.7614] [PROTOCOLS FOR EXPOSURE TO BLOODBORNE 25.21 PATHOGENS.] 25.22 Subdivision 1. [EMS AGENCY REQUIREMENTS.] The emergency 25.23 medical services agency shall have procedures for an emergency 25.24 medical services person to notify a facility that the person may 25.25 have experienced a significant exposure from a source 25.26 individual. The emergency medical services agency shall also 25.27 have a protocol to locate the source individual if the facility 25.28 has not received the source individual and the emergency medical 25.29 services agency knows the source individual's identity. 25.30 Subd. 2. [FACILITY PROTOCOL REQUIREMENTS.] Every facility 25.31 shall adopt and follow a postexposure protocol for emergency 25.32 medical services persons who have experienced a significant 25.33 exposure. The postexposure protocol must adhere to the most 25.34 current recommendations of the United States Public Health 25.35 Service and include, at a minimum, the following: 25.36 (1) a process for emergency medical services persons to 26.1 report a significant exposure in a timely fashion; 26.2 (2) a process for a licensed physician who is knowledgeable 26.3 about the most current recommendations of the United States 26.4 Public Health Service, or a health care worker assigned by that 26.5 licensed physician, to determine whether a significant exposure 26.6 has occurred; 26.7 (3) if there has been a significant exposure, a process to 26.8 determine whether the source individual has a bloodborne 26.9 pathogen through disclosure of test results, or through blood 26.10 collection and testing as required by sections 144.7601 to 26.11 144.7615; 26.12 (4) a process for providing appropriate counseling 26.13 regarding the likelihood of bloodborne pathogen transmission and 26.14 follow-up recommendations according to the most current 26.15 recommendations of the United States Public Health Service, 26.16 recommendations for testing, and treatment to the emergency 26.17 medical services person; 26.18 (5) a process for providing appropriate counseling 26.19 regarding the likelihood of bloodborne pathogen transmission and 26.20 follow-up recommendations according to the most current 26.21 recommendations of the United States Public Health Service, 26.22 recommendations for testing, and treatment to the source 26.23 individual; and 26.24 (6) compliance with applicable state and federal laws 26.25 relating to data practices, confidentiality, informed consent, 26.26 and the patient bill of rights. 26.27 Sec. 30. [144.7615] [PENALTIES AND IMMUNITY.] 26.28 Subdivision 1. [CIVIL REMEDIES.] An emergency medical 26.29 services person or source individual who suffers any damage as a 26.30 result of a violation of the requirements of sections 144.7601 26.31 to 144.7615 may bring an action against a facility to cover any 26.32 damages sustained, plus costs and reasonable attorney fees. The 26.33 district court may enjoin a violation or proposed violation of 26.34 sections 144.7601 to 144.7615. The court may make any order or 26.35 judgment as may be necessary to ensure compliance with sections 26.36 144.7601 to 144.7615. This subdivision does not authorize a 27.1 civil action brought by the representative of a deceased source 27.2 individual. 27.3 Subd. 2. [PENALTIES.] Any facility or person who willfully 27.4 violates the provisions of sections 144.7601 to 144.7615 is 27.5 guilty of a misdemeanor. 27.6 Subd. 3. [IMMUNITY.] A facility, licensed physician, and 27.7 designated health care personnel are immune from liability in 27.8 any civil, administrative, or criminal action relating to the 27.9 disclosure of test results to an emergency medical services 27.10 person or emergency medical services agency and the testing of a 27.11 blood sample from the source individual for bloodborne pathogens 27.12 if a good faith effort has been made to comply with sections 27.13 144.7601 to 144.7615. 27.14 Sec. 31. Minnesota Statutes 1998, section 145.881, 27.15 subdivision 2, is amended to read: 27.16 Subd. 2. [DUTIES.] The advisory task force shall meet on a 27.17 regular basis to perform the following duties: 27.18 (a) review and report on the health care needs of mothers 27.19 and children throughout the state of Minnesota; 27.20 (b) review and report on the type, frequency and impact of 27.21 maternal and child health care services provided to mothers and 27.22 children under existing maternal and child health care programs, 27.23 including programs administered by the commissioner of health; 27.24 (c) establish, review, and report to the commissioner a 27.25 list of program guidelines and criteria which the advisory task 27.26 force considers essential to providing an effective maternal and 27.27 child health care program to low income populations and high 27.28 risk persons and fulfilling the purposes defined in section 27.29 145.88; 27.30 (d) review staff recommendations of the department of 27.31 health regarding maternal and child health grant awards before 27.32 the awards are made; 27.33 (e) make recommendations to the commissioner for the use of 27.34 other federal and state funds available to meet maternal and 27.35 child health needs; 27.36 (f) make recommendations to the commissioner of health on 28.1 priorities for funding the following maternal and child health 28.2 services: (1) prenatal, delivery and postpartum care, (2) 28.3 comprehensive health care for children, especially from birth 28.4 through five years of age, (3) adolescent health services, (4) 28.5 family planning services, (5) preventive dental care, (6) 28.6 special services for chronically ill and handicapped children 28.7 and (7) any other services which promote the health of mothers 28.8 and children;and28.9 (g) make recommendations to the commissioner of health on 28.10 the process to distribute, award and administer the maternal and 28.11 child health block grant funds; and 28.12 (h) review the measures that are used to define the 28.13 variables of the funding distribution formula in section 28.14 145.882, subdivision 4a, every two years and make 28.15 recommendations to the commissioner of health for changes based 28.16 upon principles established by the advisory task force for this 28.17 purpose. 28.18 Sec. 32. Minnesota Statutes 1998, section 145.882, is 28.19 amended by adding a subdivision to read: 28.20 Subd. 4a. [ALLOCATION TO COMMUNITY HEALTH BOARDS.] (a) 28.21 Federal maternal and child health block grant money remaining 28.22 after distributions made under subdivision 2 and money 28.23 appropriated for allocation to community health boards must be 28.24 allocated according to paragraphs (b) to (d) to community health 28.25 boards as defined in section 145A.02, subdivision 5. 28.26 (b) All community health boards must receive 95 percent of 28.27 the funding awarded to them for the 1998-1999 funding cycle. If 28.28 the amount of state and federal funding available is less than 28.29 95 percent of the amount awarded to community health boards for 28.30 the 1998-1999 funding cycle, the available funding must be 28.31 apportioned to reflect a proportional decrease for each 28.32 recipient. 28.33 (c) The federal and state funding remaining after 28.34 distributions made under paragraph (b) must be allocated to each 28.35 community health board based on the following three variables: 28.36 (1) 25 percent based on the maternal and child population 29.1 in the area served by the community health board; 29.2 (2) 50 percent based on the health risk factors of the 29.3 maternal and child population in the area served by the 29.4 community health board; and 29.5 (3) 25 percent based on the income of the maternal and 29.6 child population in the area served by the community health 29.7 board. 29.8 (d) Each variable must be expressed as a city or county 29.9 score consisting of the city or county frequency of each 29.10 variable divided by the statewide frequency of the variable. A 29.11 total score for each city or county jurisdiction must be 29.12 computed by totaling the scores of the three factors. Each 29.13 community health board must be allocated an amount equal to the 29.14 total score obtained for the city, county, or counties in its 29.15 area multiplied by the amount of money available. 29.16 Sec. 33. Minnesota Statutes 1998, section 145.882, 29.17 subdivision 7, is amended to read: 29.18 Subd. 7. [USE OF BLOCK GRANT MONEY.] (a) Maternal and 29.19 child health block grant money allocated to a community health 29.20 board or community health services area under this section must 29.21 be used for qualified programs for high risk and low-income 29.22 individuals. Block grant money must be used for programs that: 29.23 (1) specifically address the highest risk populations, 29.24 particularly low-income and minority groups with a high rate of 29.25 infant mortality and children with low birth weight, by 29.26 providing services, including prepregnancy family planning 29.27 services, calculated to produce measurable decreases in infant 29.28 mortality rates, instances of children with low birth weight, 29.29 and medical complications associated with pregnancy and 29.30 childbirth, including infant mortality, low birth rates, and 29.31 medical complications arising from chemical abuse by a mother 29.32 during pregnancy; 29.33 (2) specifically target pregnant women whose age, medical 29.34 condition, maternal history, or chemical abuse substantially 29.35 increases the likelihood of complications associated with 29.36 pregnancy and childbirth or the birth of a child with an 30.1 illness, disability, or special medical needs; 30.2 (3) specifically address the health needs of young children 30.3 whohave orare likely to have a chronic disease or disability 30.4 or special medical needs, including physical, neurological, 30.5 emotional, and developmental problems that arise from chemical 30.6 abuse by a mother during pregnancy; 30.7 (4) provide family planning and preventive medical care for 30.8 specifically identified target populations, such as minority and 30.9 low-income teenagers, in a manner calculated to decrease the 30.10 occurrence of inappropriate pregnancy and minimize the risk of 30.11 complications associated with pregnancy and childbirth; or 30.12 (5) specifically address the frequency and severity of 30.13 childhood injuries and other child and adolescent health 30.14 problems in high risk target populations by providing services 30.15 calculated to produce measurable decreases in mortality and 30.16 morbidity.However, money may be used for this purpose only if30.17the community health board's application includes program30.18components for the purposes in clauses (1) to (4) in the30.19proposed geographic service area and the total expenditure for30.20injury-related programs under this clause does not exceed ten30.21percent of the total allocation under subdivision 3.30.22(b) Maternal and child health block grant money may be used30.23for purposes other than the purposes listed in this subdivision30.24only under the following conditions:30.25(1) the community health board or community health services30.26area can demonstrate that existing programs fully address the30.27needs of the highest risk target populations described in this30.28subdivision; or30.29(2) the money is used to continue projects that received30.30funding before creation of the maternal and child health block30.31grant in 1981.30.32(c)(b) Projects that received funding before creation of 30.33 the maternal and child health block grant in 1981, must be30.34allocated at least the amount of maternal and child health30.35special project grant funds received in 1989, unless (1) the30.36local board of health provides equivalent alternative funding31.1for the project from another source; or (2) the local board of31.2health demonstrates that the need for the specific services31.3provided by the project has significantly decreased as a result31.4of changes in the demographic characteristics of the population,31.5or other factors that have a major impact on the demand for31.6services. If the amount of federal funding to the state for the31.7maternal and child health block grant is decreased, these31.8projects must receive a proportional decrease as required in31.9subdivision 1. Increases in allocation amounts to local boards31.10of health under subdivision 4 may be used to increase funding31.11levels for these projectsmay be continued at the discretion of 31.12 the community health board. 31.13 Sec. 34. Minnesota Statutes 1998, section 145.885, 31.14 subdivision 2, is amended to read: 31.15 Subd. 2. [ADDITIONAL REQUIREMENTS FOR COMMUNITY BOARDS OF 31.16 HEALTH.] Applications by community health boards as defined in 31.17 section 145A.02, subdivision 5, under section 145.882, 31.18 subdivision34a, must also contain a summary of the process 31.19 used to develop the local program, including evidence that the 31.20 community health board notified local public and private 31.21 providers of the availability of funding through the community 31.22 health board for maternal and child health services; a list of 31.23 all public and private agency requests for grants submitted to 31.24 the community health board indicating which requests were 31.25 included in the grant application; and an explanation of how 31.26 priorities were established for selecting the requests to be 31.27 included in the grant application. The community health board 31.28 shall include, with the grant application, a written statement 31.29 of the criteria to be applied to public and private agency 31.30 requests for funding. 31.31 Sec. 35. Minnesota Statutes 1998, section 148.511, is 31.32 amended to read: 31.33 148.511 [SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS.] 31.34 Sections 148.511 to 148.5196 apply only to persons who are 31.35 applicants for registration, who are registered, who use 31.36 protected titles, or who represent that they are 32.1 registered. Persons who engage in the practice of 32.2 speech-language pathology or audiology and who satisfy the 32.3 qualifications for registration must register under sections 32.4 148.511 to 148.5196. Sections 148.511 to 148.5196 do not apply 32.5 to school personnel licensed by the board of teaching 32.6 underMinnesota Rules, part 8700.5505section 122A.28, provided 32.7 that school personnel practicing within the scope of their 32.8 licensed occupation preface titles protected under section 32.9 148.513 with the words "school" or "educational." 32.10 Sec. 36. Minnesota Statutes 1998, section 148.515, 32.11 subdivision 3, is amended to read: 32.12 Subd. 3. [SUPERVISED CLINICAL TRAINING REQUIRED.] (a) An 32.13 applicant must complete at least 375 hours of supervised 32.14 clinical training as a student that meets the requirements of 32.15 paragraphs (b) to (f). 32.16 (b) The supervised clinical training must be provided by 32.17 the educational institution or by one of its cooperating 32.18 programs. 32.19 (c) The first 25 hours of the supervised clinical training 32.20 must be spent in clinical observation. Those 25 hours must 32.21 concern the evaluation and treatment of children and adults with 32.22 disorders of speech, language, or hearing. 32.23 (d) All applicants must complete at least 350 hours of 32.24 supervised clinical training that concern the evaluation and 32.25 treatment of children and adults with disorders of speech, 32.26 language, and hearing. At least 250 of the 350 hours must be at 32.27 the graduate level in the area in which registration is sought. 32.28 At least 50 hours must be spent in each of three types of 32.29 clinical settings including, but not limited to, university 32.30 clinics, hospitals, private clinics, and schools, including 32.31 secondary and elementary. 32.32 (e) An applicant seeking registration as a speech-language 32.33 pathologist must: 32.34 (1) obtain 250 of the 350 supervised hours in 32.35 speech-language pathology; 32.36 (2) complete a minimum of 20 hours of the 250 hours in each 33.1 of the following eight categories: 33.2 (i) evaluation: speech disorders in children; 33.3 (ii) evaluation: speech disorders in adults; 33.4 (iii) evaluation: language disorders in children; 33.5 (iv) evaluation: language disorders in adults; 33.6 (v) treatment: speech disorders in children; 33.7 (vi) treatment: speech disorders in adults; 33.8 (vii) treatment: language disorders in children; and 33.9 (viii) treatment: language disorders in adults; 33.10 (3) complete a minimum of35 hours in audiology including:33.11(i) 15 hours in the evaluation or screening of individuals33.12with hearing disorders; and33.13(ii) 15 hours in habilitation or rehabilitation of33.14individuals with hearing impairment20 of the 350 hours in 33.15 audiology; and 33.16 (4) obtain no more than 20 hours in the major professional 33.17 area that are in related disorders. 33.18 (f) An applicant seeking registration as an audiologist 33.19 must: 33.20 (1) obtain 250 of the 350 hours in audiology; 33.21 (2) complete a minimum of40 hours in each of the following33.22four categories40 of the 250 hours in each of the first two of 33.23 the following categories, complete at least 80 hours in 33.24 categories (iii) and (iv), with at least ten hours in each of 33.25 categories (i) to (iv), and complete at least 20 hours in 33.26 category (v): 33.27 (i) evaluation: hearing in children; 33.28 (ii) evaluation: hearing in adults; 33.29 (iii) selection and use: amplification and assistive 33.30 devices for children;and33.31 (iv) selection and use: amplification and assistive 33.32 devices for adults; and 33.33 (v) treatment: hearing disorders in children and adults; 33.34 (3)complete a minimum of 20 hours in the category of the33.35treatment of hearing disorders in children and adults;33.36(4)complete a minimum of35 hours20 of the 350 hours in 34.1 speech-language pathologyunrelated to hearing impairment as34.2follows:34.3(i) 15 hours in evaluation or screening; and34.4(ii) 15 hours in treatment; and 34.5(5)(4) obtain no more than 20 hours in the major 34.6 professional area that are in related disorders. 34.7 Sec. 37. Minnesota Statutes 1998, section 148.517, is 34.8 amended by adding a subdivision to read: 34.9 Subd. 4. [TEMPORARY REGISTRATION.] (a) The commissioner 34.10 shall issue temporary registration as a speech language 34.11 pathologist, an audiologist, or both, to applicants who have 34.12 applied for registration under this section and meet the 34.13 following requirements: 34.14 (1) submit a signed and dated affidavit stating that the 34.15 applicant is not the subject of a disciplinary action or past 34.16 disciplinary action in this or another jurisdiction and is not 34.17 disqualified on the basis of section 148.5195, subdivision 3; 34.18 and 34.19 (2) either: 34.20 (i) provide a copy of a current credential as a speech 34.21 language pathologist, an audiologist, or both, held in the 34.22 District of Columbia or a state or territory of the United 34.23 States; or 34.24 (ii) provide a copy of a current certificate of clinical 34.25 competence issued by the American Speech-Language-Hearing 34.26 Association or its equivalent. 34.27 (b) A temporary registration issued to a person under this 34.28 subdivision expires 90 days after it is issued or on the date 34.29 the commissioner grants or denies registration, whichever occurs 34.30 first. 34.31 (c) Upon application for renewal, a temporary registration 34.32 shall be renewed once to a person who is able to demonstrate 34.33 good cause for failure to meet the requirements for registration 34.34 within the initial temporary registration period and who is not 34.35 the subject of a disciplinary action or disqualified on the 34.36 basis of section 148.5195, subdivision 3. 35.1 Sec. 38. Minnesota Statutes 1998, section 148B.60, 35.2 subdivision 3, is amended to read: 35.3 Subd. 3. [UNLICENSED MENTAL HEALTH PRACTITIONER OR 35.4 PRACTITIONER.] "Unlicensed mental health practitioner" or 35.5 "practitioner" means a person who provides or purports to 35.6 provide, for remuneration, mental health services as defined in 35.7 subdivision 4. It does not include persons licensed by the 35.8 board of medical practice under chapter 147 or registered by the 35.9 board of medical practice under chapter 147A; the board of 35.10 nursing under sections 148.171 to 148.285; the board of 35.11 psychology under sections 148.88 to 148.98; the board of social 35.12 work under sections 148B.18 to 148B.289; the board of marriage 35.13 and family therapy under sections 148B.29 to 148B.39; or another 35.14 licensing board if the person is practicing within the scope of 35.15 the license;ormembers of the clergy who are providing pastoral 35.16 services in the context of performing and fulfilling the 35.17 salaried duties and obligations required of a member of the 35.18 clergy by a religious congregation; American Indian medicine men 35.19 and women; licensed attorneys; probation officers; school 35.20 counselors employed by a school district while acting within the 35.21 scope of employment as school counselors; registered 35.22 occupational therapists; or occupational therapy assistants. 35.23 For the purposes of complaint investigation or disciplinary 35.24 action relating to an individual practitioner, the term includes: 35.25 (1) persons employed by a program licensed by the 35.26 commissioner of human services who are acting as mental health 35.27 practitioners within the scope of their employment; 35.28 (2) persons employed by a program licensed by the 35.29 commissioner of human services who are providing chemical 35.30 dependency counseling services; persons who are providing 35.31 chemical dependency counseling services in private practice; and 35.32 (3) clergy who are providing mental health services that 35.33 are equivalent to those defined in subdivision 4. 35.34 Sec. 39. Minnesota Statutes 1998, section 148B.68, 35.35 subdivision 1, is amended to read: 35.36 Subdivision 1. [PROHIBITED CONDUCT.] The commissioner may 36.1 impose disciplinary action as described in section 148B.69 36.2 against any unlicensed mental health practitioner. The 36.3 following conduct is prohibited and is grounds for disciplinary 36.4 action: 36.5 (a) Conviction of a crime, including a finding or verdict 36.6 of guilt, an admission of guilt, or a no contest plea, in any 36.7 court in Minnesota or any other jurisdiction in the United 36.8 States, reasonably related to the provision of mental health 36.9 services. Conviction, as used in this subdivision, includes a 36.10 conviction of an offense which, if committed in this state, 36.11 would be deemed a felony or gross misdemeanor without regard to 36.12 its designation elsewhere, or a criminal proceeding where a 36.13 finding or verdict of guilty is made or returned but the 36.14 adjudication of guilt is either withheld or not entered. 36.15 (b) Conviction of crimes against persons. For purposes of 36.16 this chapter, a crime against a person means violations of the 36.17 following: sections 609.185; 609.19; 609.195; 609.20; 609.205; 36.18 609.21; 609.215; 609.221; 609.222; 609.223; 609.224; 609.2242; 36.19 609.23; 609.231; 609.2325; 609.233; 609.2335; 609.235; 609.24; 36.20 609.245; 609.25; 609.255; 609.26, subdivision 1, clause (1) or 36.21 (2); 609.265; 609.342; 609.343; 609.344; 609.345; 609.365; 36.22 609.498, subdivision 1; 609.50, clause (1); 609.561; 609.562; 36.23 609.595; and 609.72, subdivision 3. 36.24 (c) Failure to comply with the self-reporting requirements 36.25 of section 148B.63, subdivision 7. 36.26 (d) Engaging in sexual contact with a client or former 36.27 client as defined in section 148A.01, or engaging in contact 36.28 that may be reasonably interpreted by a client as sexual, or 36.29 engaging in any verbal behavior that is seductive or sexually 36.30 demeaning to the patient, or engaging in sexual exploitation of 36.31 a client or former client. 36.32 (e) Advertising that is false, fraudulent, deceptive, or 36.33 misleading. 36.34 (f) Conduct likely to deceive, defraud, or harm the public; 36.35 or demonstrating a willful or careless disregard for the health, 36.36 welfare, or safety of a client; or any other practice that may 37.1 create unnecessary danger to any client's life, health, or 37.2 safety, in any of which cases, proof of actual injury need not 37.3 be established. 37.4 (g) Adjudication as mentally incompetent, or as a person 37.5 who is dangerous to self, or adjudication pursuant to chapter 37.6 253B, as chemically dependent, mentally ill, mentally retarded, 37.7 mentally ill and dangerous to the public, or as a sexual 37.8 psychopathic personality or sexually dangerous person. 37.9 (h) Inability to provide mental health services with 37.10 reasonable safety to clients. 37.11 (i) The habitual overindulgence in the use of or the 37.12 dependence on intoxicating liquors. 37.13 (j) Improper or unauthorized personal or other use of any 37.14 legend drugs as defined in chapter 151, any chemicals as defined 37.15 in chapter 151, or any controlled substance as defined in 37.16 chapter 152. 37.17 (k) Revealing a communication from, or relating to, a 37.18 client except when otherwise required or permitted by law. 37.19 (l) Failure to comply with a client's request made under 37.20 section 144.335, or to furnish a client record or report 37.21 required by law. 37.22 (m) Splitting fees or promising to pay a portion of a fee 37.23 to any other professional other than for services rendered by 37.24 the other professional to the client. 37.25 (n) Engaging in abusive or fraudulent billing practices, 37.26 including violations of the federal Medicare and Medicaid laws 37.27 or state medical assistance laws. 37.28 (o) Failure to make reports as required by section 148B.63, 37.29 or cooperate with an investigation of the office. 37.30 (p) Obtaining money, property, or services from a client, 37.31 other than reasonable fees for services provided to the client, 37.32 through the use of undue influence, harassment, duress, 37.33 deception, or fraud. 37.34 (q) Undertaking or continuing a professional relationship 37.35 with a client in which the objectivity of the professional would 37.36 be impaired. 38.1 (r) Failure to provide the client with a copy of the client 38.2 bill of rights or violation of any provision of the client bill 38.3 of rights. 38.4 (s) Violating any order issued by the commissioner. 38.5 (t) Failure to comply with sections 148B.60 to 148B.71, and 38.6 the rules adopted under those sections. 38.7 (u) Failure to comply with any additional disciplinary 38.8 grounds established by the commissioner by rule. 38.9 (v) Revocation, suspension, restriction, limitation, or 38.10 other disciplinary action against the mental health 38.11 practitioner's license, certificate, registration, or right of 38.12 practice in this or another state or jurisdiction, for offenses 38.13 that would be subject to disciplinary action in this state, or 38.14 failure to report to the office of mental health practice that 38.15 charges regarding the practitioner's license, certificate, 38.16 registration, or right of practice have been brought in this or 38.17 another state or jurisdiction. 38.18 (w) Bartering for services with a client. 38.19 Sec. 40. Minnesota Statutes 1998, section 148B.69, is 38.20 amended by adding a subdivision to read: 38.21 Subd. 7. [RELEASE TO OBTAIN NONPUBLIC DATA.] An unlicensed 38.22 mental health practitioner who is the subject of an 38.23 investigation must sign a release authorizing the commissioner 38.24 to obtain criminal conviction data, reports about abuse or 38.25 neglect of clients, and other information pertaining to 38.26 investigations of violations of statute or rules from the bureau 38.27 of criminal apprehension, the Federal Bureau of Investigation, 38.28 the department of human services, the office of health 38.29 facilities complaints, private certification organizations, 38.30 county social service agencies, the division of driver and 38.31 vehicle services in the department of public safety, adult 38.32 protection services, child protection services, and other 38.33 agencies that regulate provision of health care services. After 38.34 the commissioner gives written notice to an individual who is 38.35 the subject of an investigation, the agencies shall assist the 38.36 commissioner with the investigation by giving the commissioner 39.1 the requested data. 39.2 Sec. 41. Minnesota Statutes 1998, section 148B.71, 39.3 subdivision 1, is amended to read: 39.4 Subdivision 1. [SCOPE.] All unlicensed mental health 39.5 practitioners other than those providing services in a facility 39.6regulated under section 144.651 or a government agencyor 39.7 program licensed by the commissioner of health or the 39.8 commissioner of human services, shall provide to each client 39.9 prior to providing treatment a written copy of the mental health 39.10 client bill of rights. A copy must also be posted in a 39.11 prominent location in the office of the mental health 39.12 practitioner. Reasonable accommodations shall be made for those 39.13 clients who cannot read or who have communication impairments 39.14 and those who do not read or speak English. The mental health 39.15 client bill of rights shall include the following: 39.16 (a) the name, title, business address, and telephone number 39.17 of the practitioner; 39.18 (b) the degrees, training, experience, or other 39.19 qualifications of the practitioner, followed by the following 39.20 statement in bold print: 39.21 "THE STATE OF MINNESOTA HAS NOT ADOPTED UNIFORM EDUCATIONAL 39.22 AND TRAINING STANDARDS FOR ALL MENTAL HEALTH PRACTITIONERS. 39.23 THIS STATEMENT OF CREDENTIALS IS FOR INFORMATION PURPOSES ONLY." 39.24 (c) the name, business address, and telephone number of the 39.25 practitioner's supervisor, if any; 39.26 (d) notice that a client has the right to file a complaint 39.27 with the practitioner's supervisor, if any, and the procedure 39.28 for filing complaints; 39.29 (e) the name, address, and telephone number of the office 39.30 of mental health practice and notice that a client may file 39.31 complaints with the office; 39.32 (f) the practitioner's fees per unit of service, the 39.33 practitioner's method of billing for such fees, the names of any 39.34 insurance companies that have agreed to reimburse the 39.35 practitioner, or health maintenance organizations with whom the 39.36 practitioner contracts to provide service, whether the 40.1 practitioner accepts Medicare, medical assistance, or general 40.2 assistance medical care, and whether the practitioner is willing 40.3 to accept partial payment, or to waive payment, and in what 40.4 circumstances; 40.5 (g) a statement that the client has a right to reasonable 40.6 notice of changes in services or charges; 40.7 (h) a brief summary, in plain language, of the theoretical 40.8 approach used by the practitioner in treating patients; 40.9 (i) notice that the client has a right to complete and 40.10 current information concerning the practitioner's assessment and 40.11 recommended course of treatment, including the expected duration 40.12 of treatment; 40.13 (j) a statement that clients may expect courteous treatment 40.14 and to be free from verbal, physical, or sexual abuse by the 40.15 practitioner; 40.16 (k) a statement that client records and transactions with 40.17 the practitioner are confidential, unless release of these 40.18 records is authorized in writing by the client, or otherwise 40.19 provided by law; 40.20 (l) a statement of the client's right to be allowed access 40.21 to records and written information from records in accordance 40.22 with section 144.335; 40.23 (m) a statement that other services may be available in the 40.24 community, including where information concerning services is 40.25 available; 40.26 (n) a statement that the client has the right to choose 40.27 freely among available practitioners, and to change 40.28 practitioners after services have begun, within the limits of 40.29 health insurance, medical assistance, or other health programs; 40.30 (o) a statement that the client has a right to coordinated 40.31 transfer when there will be a change in the provider of 40.32 services; 40.33 (p) a statement that the client may refuse services or 40.34 treatment, unless otherwise provided by law; and 40.35 (q) a statement that the client may assert the client's 40.36 rights without retaliation. 41.1 Sec. 42. Minnesota Statutes 1998, section 148C.01, 41.2 subdivision 2, is amended to read: 41.3 Subd. 2. [ALCOHOL AND DRUG COUNSELOR.] "Alcohol and drug 41.4 counselor" or "counselor" means a person who: 41.5 (1) uses, as a representation to the public, any title, 41.6 initials, or description of services incorporating the words 41.7 "alcohol and drug counselor"; 41.8 (2) offers to render professional alcohol and drug 41.9 counseling services relative to the abuse of or the dependency 41.10 on alcohol or other drugs to the general public or groups, 41.11 organizations, corporations, institutions, or government 41.12 agencies for compensation, implying that the person is licensed 41.13 and trained, experienced or expert in alcohol and drug 41.14 counseling; 41.15 (3) holds a valid license issued under sections 148C.01 to 41.16 148C.11 to engage in the practice of alcohol and drug 41.17 counseling; or 41.18 (4) is an applicant for an alcohol and drug counseling 41.19 license. 41.20 Sec. 43. Minnesota Statutes 1998, section 148C.01, 41.21 subdivision 7, is amended to read: 41.22 Subd. 7. [ACCREDITED SCHOOL OR EDUCATIONAL PROGRAM.] 41.23 "Accredited school or educational program" means a school of 41.24 alcohol and drug counseling, university, college, or other 41.25 post-secondary education programthat offers no less than the41.26required number of education and practicum hours as described in41.27section 148C.04, subdivision 3, and the core functions as41.28defined in subdivision 9, andthat, at the time the student 41.29 completes the program, is accredited by a regional accrediting 41.30 association whose standards are substantially equivalent to 41.31 those of the North Central Association of Colleges and 41.32 Post-Secondary Education Institutions or an accrediting 41.33 association that evaluates schools of alcohol and drug 41.34 counseling for inclusion of the education, practicum, and core 41.35 function standards in this chapter. 41.36 Sec. 44. Minnesota Statutes 1998, section 148C.01, 42.1 subdivision 9, is amended to read: 42.2 Subd. 9. [CORE FUNCTIONS.] "Core functions" means the 42.3 following services provided in alcohol and drugdependency42.4 treatment: 42.5 (1) "Screening" means the process by which a client is 42.6 determined appropriate and eligible for admission to a 42.7 particular program. 42.8 (2) "Intake" means the administrative and initial 42.9 assessment procedures for admission to a program. 42.10 (3) "Orientation" means describing to the client the 42.11 general nature and goals of the program; rules governing client 42.12 conduct and infractions that can lead to disciplinary action or 42.13 discharge from the program; in a nonresidential program, the 42.14 hours during which services are available; treatment costs to be 42.15 borne by the client, if any; and client's rights. 42.16 (4) "Assessment" means those procedures by which a 42.17 counselor identifies and evaluates an individual's strengths, 42.18 weaknesses, problems, and needsfor the development of theto 42.19 develop a treatment plan or make recommendations for level of 42.20 care placement. 42.21 (5) "Treatment planning" means the process by which the 42.22 counselor and the client identify and rank problems needing 42.23 resolution; establish agreed upon immediate and long-term goals; 42.24 and decide on a treatment process and the sources to be utilized. 42.25 (6) "Counseling" means the utilization of special skills to 42.26 assist individuals, families, or groups in achieving objectives 42.27 through exploration of a problem and its ramifications; 42.28 examination of attitudes and feelings; consideration of 42.29 alternative solutions; and decision making. 42.30 (7) "Case management" means activities which bring 42.31 services, agencies, resources, or people together within a 42.32 planned framework of action toward the achievement of 42.33 established goals. 42.34 (8) "Crisis intervention" means those services which 42.35 respond to an alcohol or other drug user's needs during acute 42.36 emotional or physical distress. 43.1 (9) "Client education" means the provision of information 43.2 to clients who are receiving or seeking counseling concerning 43.3 alcohol and other drug abuse and the available services and 43.4 resources. 43.5 (10) "Referral" means identifying the needs of the client 43.6 which cannot be met by the counselor or agency and assisting the 43.7 client to utilize the support systems and available community 43.8 resources. 43.9 (11) "Reports and recordkeeping" means charting the results 43.10 of the assessment and treatment plan, writing reports, progress 43.11 notes, discharge summaries, and other client-related data. 43.12 (12) "Consultation with other professionals regarding 43.13 client treatment and services" means communicating with other 43.14 professionals in regard to client treatment and services to 43.15 assure comprehensive, quality care for the client. 43.16 Sec. 45. Minnesota Statutes 1998, section 148C.01, 43.17 subdivision 10, is amended to read: 43.18 Subd. 10. [PRACTICE OF ALCOHOL AND DRUG COUNSELING.] 43.19 "Practice of alcohol and drug counseling" means the observation, 43.20 description, evaluation, interpretation, and modification of 43.21 human behavior as it relates to the harmful or pathological use 43.22 or abuse of alcohol or other drugs by the application of the 43.23 core functions. The practice of alcohol and drug counseling 43.24 includes, but is not limited to, the following activities, 43.25 regardless of whether the counselor receives compensation for 43.26 the activities: 43.27 (1) assisting clients who use alcohol or drugs, evaluating 43.28 that use, and recognizing dependency if it exists; 43.29 (2) assisting clients with alcohol or other drug problems 43.30 to gain insight and motivation aimed at resolving those 43.31 problems; 43.32 (3) providing experienced professional guidance, 43.33 assistance, and support for the client's efforts to develop and 43.34 maintain a responsible functional lifestyle; 43.35 (4) recognizing problems outside the scope of the 43.36 counselor's training, skill, or competence and referring the 44.1 client to other appropriate professional services; 44.2 (5) assessing the level of alcohol or other drug use 44.3 involvement; 44.4 (6) individual planning to prevent a return to harmful 44.5 alcohol or chemical use; 44.6 (7) alcohol and other drug abuse education for clients; 44.7 (8) consultation with other professionals;and44.8 (9) gaining cultural competence through ongoing training 44.9 and education according to standards established by rule; and 44.10 (10) providing the above services, as needed, to family 44.11 members or others who are directly affected by someone using 44.12 alcohol or other drugs. 44.13 Sec. 46. Minnesota Statutes 1998, section 148C.01, is 44.14 amended by adding a subdivision to read: 44.15 Subd. 18. [PSYCHOMETRICALLY VALID AND 44.16 RELIABLE.] "Psychometrically valid and reliable" means developed 44.17 on the basis of role delineation, validation, reliability, 44.18 passing point, and sensitivity review factors, according to 44.19 generally accepted standards. 44.20 Sec. 47. Minnesota Statutes 1998, section 148C.03, 44.21 subdivision 1, is amended to read: 44.22 Subdivision 1. [GENERAL.] The commissioner shall, after 44.23 consultation with the advisory council or a committee 44.24 established by rule: 44.25 (a) adopt and enforce rules for licensure of alcohol and 44.26 drug counselors, including establishing standards and methods of 44.27 determining whether applicants and licensees are qualified under 44.28 section 148C.04. The rules must provide for examinations and 44.29 establish standards for the regulation of professional conduct. 44.30 The rules must be designed to protect the public; 44.31 (b) develop and, at least twice a year, administer an 44.32 examination to assess applicants' knowledge and skills. The 44.33 commissioner may contract for the administration of an 44.34 examinationapproved by the International Certification44.35Reciprocity Consortium/Alcohol and Other Drug Abuse44.36(ICRC/AODA)with an entity designated by the commissioner. The 45.1 examinations must be psychometrically valid and reliable; must 45.2 be written and oral, with the oral examination based on a 45.3 written case presentation; must minimize cultural bias,; and 45.4 must be balanced in various theories relative to the practice of 45.5 alcohol and drug counseling; 45.6 (c) issue licenses to individuals qualified under sections 45.7 148C.01 to 148C.11; 45.8 (d) issue copies of the rules for licensure to all 45.9 applicants; 45.10 (e) adopt rules to establish and implement procedures, 45.11 including a standard disciplinary process and rules of 45.12 professional conduct; 45.13 (f) carry out disciplinary actions against licensees; 45.14 (g) establish, with the advice and recommendations of the 45.15 advisory council, written internal operating procedures for 45.16 receiving and investigating complaints and for taking 45.17 disciplinary actions as appropriate; 45.18 (h) educate the public about the existence and content of 45.19 the rules for alcohol and drug counselor licensing to enable 45.20 consumers to file complaints against licensees who may have 45.21 violated the rules; 45.22 (i) evaluate the rules in order to refine and improve the 45.23 methods used to enforce the commissioner's standards; 45.24 (j) set, collect, and adjust license fees for alcohol and 45.25 drug counselors so that the total fees collected will as closely 45.26 as possible equal anticipated expenditures during the biennium, 45.27 as provided in section 16A.1285; fees for initial and renewal 45.28 application and examinations; late fees for counselors who 45.29 submit license renewal applications after the renewal deadline; 45.30 and a surcharge fee. The surcharge fee must include an amount 45.31 necessary to recover, over a five-year period, the 45.32 commissioner's direct expenditures for the adoption of the rules 45.33 providing for the licensure of alcohol and drug counselors. All 45.34 fees received shall be deposited in the state treasury and 45.35 credited to the special revenue fund; and 45.36 (k) prepare reports on activities related to the licensure 46.1 of alcohol and drug counselors according to this subdivision by 46.2 October 1 of each even-numbered year. Copies of the reports 46.3 shall be delivered to the legislature in accordance with section 46.4 3.195 and to the governor. The reports shall contain the 46.5 following information on the commissioner's activities relating 46.6 to the licensure of alcohol and drug counselors, for the 46.7 two-year period ending the previous June 30: 46.8 (1) a general statement of the activities; 46.9 (2) the number of staff hours spent on the activities; 46.10 (3) the receipts and disbursements of funds; 46.11 (4) the names of advisory council members and their 46.12 addresses, occupations, and dates of appointment and 46.13 reappointment; 46.14 (5) the names and job classifications of employees; 46.15 (6) a brief summary of rules proposed or adopted during the 46.16 reporting period with appropriate citations to the State 46.17 Register and published rules; 46.18 (7) the number of persons having each type of license 46.19 issued by the commissioner as of June 30 in the year of the 46.20 report; 46.21 (8) the locations and dates of the administration of 46.22 examinations by the commissioner; 46.23 (9) the number of persons examined by the commissioner with 46.24 the persons subdivided into groups showing age categories, sex, 46.25 and states of residency; 46.26 (10) the number of persons licensed by the commissioner 46.27 after taking the examinations referred to in clause (8) with the 46.28 persons subdivided by age categories, sex, and states of 46.29 residency; 46.30 (11) the number of persons not licensed by the commissioner 46.31 after taking the examinations referred to in clause (8) with the 46.32 persons subdivided by age categories, sex, and states of 46.33 residency; 46.34 (12) the number of persons not taking the examinations 46.35 referred to in clause (8) who were licensed by the commissioner 46.36 or who were denied licensing, the reasons for the licensing or 47.1 denial, and the persons subdivided by age categories, sex, and 47.2 states of residency; 47.3 (13) the number of persons previously licensed by the 47.4 commissioner whose licenses were revoked, suspended, or 47.5 otherwise altered in status with brief statements of the reasons 47.6 for the revocation, suspension, or alteration; 47.7 (14) the number of written and oral complaints and other 47.8 communications received by the commissioner which allege or 47.9 imply a violation of a statute or rule which the commissioner is 47.10 empowered to enforce; 47.11 (15) a summary, by specific category, of the substance of 47.12 the complaints and communications referred to in clause (14) 47.13 and, for each specific category, the responses or dispositions; 47.14 and 47.15 (16) any other objective information which the commissioner 47.16 believes will be useful in reviewing the commissioner's 47.17 activities. 47.18 Sec. 48. Minnesota Statutes 1998, section 148C.04, is 47.19 amended by adding a subdivision to read: 47.20 Subd. 6. [TEMPORARY PRACTICE REQUIREMENTS.] (a) A person 47.21 may temporarily practice alcohol and drug counseling prior to 47.22 being licensed under this chapter if the person: 47.23 (1) either: 47.24 (i) meets the associate degree education and practicum 47.25 requirements of subdivision 3, clause (1); or 47.26 (ii) meets the bachelor degree education and practicum 47.27 requirements of subdivision 4, clause (1), item (i); 47.28 (2) within 60 days of meeting the requirements of 47.29 subdivision 3, clause (1), or subdivision 4, clause (1), item 47.30 (i), requests, in writing, temporary practice status with the 47.31 commissioner on application forms according to section 47.32 148C.0351, which include the nonrefundable license fee and an 47.33 affirmation by the person's supervisor, as defined in paragraph 47.34 (b), clause (1), and which are signed and dated by the person 47.35 and the person's supervisor; 47.36 (3) has not been disqualified to practice temporarily on 48.1 the basis of a background investigation under section 148C.09, 48.2 subdivision 1a; and 48.3 (4) has been notified in writing by the commissioner that 48.4 the person is qualified to practice under this subdivision. 48.5 (b) A person practicing under this subdivision: 48.6 (1) may practice only in a program licensed by the 48.7 department of human services and under the direct, on-site 48.8 supervision of a person who is licensed under this chapter and 48.9 employed in that licensed program; 48.10 (2) is subject to the rules of professional conduct set by 48.11 rule; 48.12 (3) is not subject to the continuing education requirements 48.13 of section 148C.05; and 48.14 (4) must be licensed according to this chapter within 12 48.15 months of meeting the requirements of subdivision 3, clause (1), 48.16 or subdivision 4, clause (1), item (i). 48.17 (c) Upon written request, the commissioner may extend a 48.18 person's temporary status if the person practices in a program 48.19 described in section 148C.11, subdivision 3, paragraph (b), 48.20 clause (2). 48.21 (d) A person practicing under this subdivision may not hold 48.22 himself or herself out to the public by any title or description 48.23 stating or implying that the person is licensed to engage in the 48.24 practice of alcohol and drug counseling. 48.25 Sec. 49. Minnesota Statutes 1998, section 148C.04, is 48.26 amended by adding a subdivision to read: 48.27 Subd. 7. [EFFECT AND SUSPENSION OF TEMPORARY 48.28 PRACTICE.] Approval of a person's application for temporary 48.29 practice creates no rights to or expectation of approval from 48.30 the commissioner for licensure as an alcohol and drug 48.31 counselor. The commissioner may suspend or restrict a person's 48.32 temporary practice status according to section 148C.09. 48.33 Sec. 50. Minnesota Statutes 1998, section 148C.06, 48.34 subdivision 1, is amended to read: 48.35 Subdivision 1. [QUALIFICATIONS.] For two years from the 48.36 effective date of the rules authorized in section 148C.03, 49.1 subdivision 1, the commissioner shall issue a license to an 49.2 applicant if the applicant meets one of the following 49.3 qualifications: 49.4 (a) is credentialed as a certified chemical dependency 49.5 counselor (CCDC) or certified chemical dependency counselor 49.6 reciprocal (CCDCR) by the Institute for Chemical Dependency 49.7 Professionals of Minnesota, Inc.; graduates from an accredited 49.8 school or education program with a certificate of completion in 49.9 alcohol and drug counselor studies that includes a minimum of 49.10 270 clock hours of formal classroom education and 880 clock 49.11 hours of alcohol and drug counselor internship and passes both 49.12 the written and oral examinations according to this chapter; or 49.13 has 2080 hours of supervised alcohol and drug counselor 49.14 experience, 270 clock hours of alcohol and drug counselor 49.15 training with a minimum of 60 hours of the training occurring 49.16 within the past five years, and 300 hours of alcohol and drug 49.17 counselor internship and successfully completes the examination 49.18 requirements in section 148C.04, subdivision 3, clauses (2) and 49.19 (3); 49.20 (b) has 6,000 hours of supervised alcohol and drug 49.21 counselor experience as defined by the core functions, 270 clock 49.22 hours of alcohol and drug counselor training with a minimum of 49.23 60 hours of this training occurring within the past five years, 49.24 300 hours of alcohol and drug counselor internship, and has 49.25 successfully completed the examination requirements in section 49.26 148C.04, subdivision 3, clauses (2) and (3); 49.27 (c) has 10,000 hours of supervised alcohol and drug 49.28 counselor experience as defined by the core functions, 270 clock 49.29 hours of alcohol and drug training with a minimum of 60 hours of 49.30 this training occurring within the past five years, and has 49.31 successfully completed the requirements in section 148C.04, 49.32 subdivision 3, clause (2) or (3), or is credentialed as a 49.33 certified chemical dependency practitioner (CCDP) by the 49.34 Institute for Chemical Dependency Professionals of Minnesota, 49.35 Inc.; or 49.36 (d) has 14,000 hours of supervised alcohol and drug 50.1 counselor experience as defined by the core functions and 270 50.2 clock hours of alcohol and drug training with a minimum of 60 50.3 hours of this training occurring within the past five years; or50.4(e) has met the special licensing criteria established50.5pursuant to section 148C.11. 50.6 Sec. 51. Minnesota Statutes 1998, section 148C.09, 50.7 subdivision 1, is amended to read: 50.8 Subdivision 1. [GROUNDS.] The commissioner may refuse to 50.9 grant a license to, or may suspend, revoke, or restrict the 50.10 license of an individual if the commissioner determines that a 50.11 licensee or applicant: 50.12 (1) is incompetent to engage in alcohol and drug counseling 50.13 practice or is found to be engaged in alcohol and drug 50.14 counseling practice in a manner harmful or dangerous to a client 50.15 or the public; 50.16 (2) has violated the rules of the commissioner or the 50.17 statutes the commissioner is empowered to enforce; or any law, 50.18 rule order, stipulation and consent order, agreement, or 50.19 settlement; 50.20 (3) has obtained or attempted to obtain a license or 50.21 license renewal by bribery or fraudulent misrepresentation; 50.22 (4) has knowingly made a false statement on the form 50.23 required to be submitted to the commissioner for licensing or 50.24 license renewal; 50.25 (5) has failed to obtain continuing education credits 50.26 required by the commissioner; 50.27 (6) has failed to demonstrate the qualifications or satisfy 50.28 the requirements for a license contained in this chapter or 50.29 rules of the commissioner. The burden of proof shall be upon 50.30 the applicant to demonstrate qualifications or satisfaction of 50.31 requirements; 50.32 (7) has been convicted of a crime, including a finding or 50.33 verdict of guilt, an admission of guilt, or a no contest plea, 50.34 in any court in Minnesota or any other jurisdiction in the 50.35 United States, reasonably related to the provision of alcohol 50.36 and drug counseling services. Conviction, as used in this 51.1 subdivision, includes conviction of an offense which, if 51.2 committed in this state, would be deemed a felony or gross 51.3 misdemeanor without regard to its designation elsewhere, or a 51.4 criminal proceeding where a finding or verdict of guilty is made 51.5 or returned but the adjudication of guilt is either withheld or 51.6 not entered; 51.7 (8) has been convicted of a crime against another person. 51.8 For purposes of this chapter, a crime against another person 51.9 means an offense listed in section 148B.68, subdivision 1, 51.10 paragraph (b); 51.11 (9) has failed to comply with the self-reporting 51.12 requirements of section 148C.095, subdivision 7; 51.13 (10) has engaged in sexual contact with a client, or a 51.14 former client, as defined in section 148A.01, or has engaged in 51.15 conduct that may be reasonably interpreted by a client as 51.16 sexual, or has engaged in any verbal behavior that is seductive 51.17 or sexually demeaning to the client, or has engaged in sexual 51.18 exploitation of a client or former client; 51.19 (11) has engaged in false, fraudulent, deceptive, or 51.20 misleading advertising; 51.21 (12) has engaged in conduct likely to deceive, defraud, or 51.22 harm the public; or has demonstrated a willful or careless 51.23 disregard for the health, welfare, or safety of a client; or any 51.24 other practice that may create unnecessary danger to any 51.25 client's life, health, or safety, in any of which cases, proof 51.26 of actual injury need not be established; 51.27 (13) has been adjudicated as mentally incompetent, or as a 51.28 person who has a psychopathic personality, or who is dangerous 51.29 to self, or has been adjudicated as chemically dependent, 51.30 mentally ill, mentally retarded, or mentally ill and dangerous 51.31 to the public pursuant to chapter 253B; 51.32 (14) is unable to provide alcohol and drug counseling 51.33 services with reasonable safety to clients; 51.34 (15)ishas habituallyoverindulgentoverindulged in the 51.35 use of or the dependence on alcohol within the past two years; 51.36 (16) has engaged in the improper or unauthorized personal 52.1 or other use of any legend drugs as defined in section 151.01, 52.2 any chemicals as defined in section 151.01, or any controlled 52.3 substance as defined in section 152.01 within the past two 52.4 years; 52.5 (17) reveals a communication from, or relating to, a client 52.6 except when required or permitted by law; 52.7 (18) fails to comply with a client's request for health 52.8 records made under section 144.335, or to furnish a client 52.9 record or report required by law; 52.10 (19) has engaged in fee splitting or promises to pay a 52.11 portion of a fee to any other professional other than for 52.12 services rendered by the other professional to the client; 52.13 (20) has engaged in abusive or fraudulent billing 52.14 practices, including violations of the federal Medicare and 52.15 Medicaid laws or state medical assistance laws; 52.16 (21) fails to make reports as required by section 148C.095, 52.17 or cooperate with an investigation of the commissioner; 52.18 (22) obtains money, property, or services from a client, 52.19 other than reasonable fees for services provided to the client, 52.20 through the use of undue influence, harassment, duress, 52.21 deception, or fraud; 52.22 (23) undertakes or continues a professional relationship 52.23 with a client in which the objectivity of the alcohol and drug 52.24 counselor may be impaired; 52.25 (24) engages in conduct that constitutes grounds for 52.26 discipline as established by the commissioner in rule; or 52.27 (25) engages in bartering for services with a client. 52.28 Sec. 52. Minnesota Statutes 1998, section 148C.09, 52.29 subdivision 1a, is amended to read: 52.30 Subd. 1a. [BACKGROUND INVESTIGATION.] The applicant must 52.31 sign a release authorizing the commissioner to obtain 52.32 information from the bureau of criminal apprehension, the 52.33 Federal Bureau of Investigation, the office of mental health 52.34 practice, the department of human services, the office of health 52.35 facilities complaints, and other agencies specified in the 52.36 rules. After the commissioner has given written notice to an 53.1 individual who is the subject of a background investigation, the 53.2 agencies shall assist the commissioner with the investigation by 53.3 giving the commissioner criminal conviction data, reports about 53.4abuse or neglect of clientssubstantiated maltreatment of minors 53.5 and vulnerable adults, and other information specified in the 53.6 rules. The commissioner may contract with the commissioner of 53.7 human services to obtain criminal history data from the bureau 53.8 of criminal apprehension. 53.9 Sec. 53. Minnesota Statutes 1998, section 148C.11, 53.10 subdivision 1, is amended to read: 53.11 Subdivision 1. [OTHER PROFESSIONALS.] Nothing in sections 53.12 148C.01 to 148C.10 shall prevent members of other professions or 53.13 occupations from performing functions for which they are 53.14 qualified or licensed. This exception includes, but is not 53.15 limited to, licensed physicians, registered nurses, licensed 53.16 practical nurses, licensed psychological practitioners, members 53.17 of the clergy, American Indian medicine men and women, licensed 53.18 attorneys, probation officers, licensed marriage and family 53.19 therapists, licensed social workers, licensed professional 53.20 counselors, school counselors employed by a school district 53.21 while acting within the scope of employment as school 53.22 counselors, and registered occupational therapists or 53.23 occupational therapy assistants. These persons must not, 53.24 however, use a title incorporating the words "alcohol and drug 53.25 counselor" or "licensed alcohol and drug counselor" or otherwise 53.26 hold themselves out to the public by any title or description 53.27 stating or implying that they are engaged in the practice of 53.28 alcohol and drug counseling, or that they are licensed to engage 53.29 in the practice of alcohol and drug counseling. Persons engaged 53.30 in the practice of alcohol and drug counseling are not exempt 53.31 from the commissioner's jurisdiction solely by the use of one of 53.32 the above titles. 53.33 Sec. 54. Minnesota Statutes 1998, section 153A.13, 53.34 subdivision 9, is amended to read: 53.35 Subd. 9. [SUPERVISION.] "Supervision" meanson-site53.36observing andmonitoring activities of, and accepting 54.1 responsibility for, the hearing instrument dispensing activities 54.2 of a trainee. 54.3 Sec. 55. Minnesota Statutes 1998, section 153A.13, is 54.4 amended by adding a subdivision to read: 54.5 Subd. 10. [DIRECT SUPERVISION OR DIRECTLY 54.6 SUPERVISED.] "Direct supervision" or "directly supervised" means 54.7 the on-site and contemporaneous location of a supervisor and 54.8 trainee, when the supervisor observes the trainee engaging in 54.9 hearing instrument dispensing with a consumer. 54.10 Sec. 56. Minnesota Statutes 1998, section 153A.13, is 54.11 amended by adding a subdivision to read: 54.12 Subd. 11. [INDIRECT SUPERVISION OR INDIRECTLY 54.13 SUPERVISED.] "Indirect supervision" or "indirectly supervised" 54.14 means the remote and independent performance of hearing 54.15 instrument dispensing by a trainee when authorized under section 54.16 153A.14, subdivision 4a, paragraph (b). 54.17 Sec. 57. Minnesota Statutes 1998, section 153A.14, 54.18 subdivision 1, is amended to read: 54.19 Subdivision 1. [APPLICATION FOR CERTIFICATE.] An applicant 54.20 must: 54.21 (1) be1821 years of age or older; 54.22 (2) apply to the commissioner for a certificate to dispense 54.23 hearing instruments on application forms provided by the 54.24 commissioner; 54.25 (3) at a minimum, provide the applicant's name, social 54.26 security number, business address and phone number, employer, 54.27 and information about the applicant's education, training, and 54.28 experience in testing human hearing and fitting hearing 54.29 instruments; 54.30 (4) include with the application a statement that the 54.31 statements in the application are true and correct to the best 54.32 of the applicant's knowledge and belief; 54.33 (5) include with the application a written and signed 54.34 authorization that authorizes the commissioner to make inquiries 54.35 to appropriate regulatory agencies in this or any other state 54.36 where the applicant has sold hearing instruments; 55.1 (6) submit certification to the commissioner that the 55.2 applicant's audiometric equipment has been calibrated to meet 55.3 current ANSI standards within 12 months of the date of the 55.4 application; 55.5 (7) submit evidence of continuing education credits, if 55.6 required; and 55.7 (8) submit all fees as required under section 153A.17. 55.8 Sec. 58. Minnesota Statutes 1998, section 153A.14, 55.9 subdivision 2a, is amended to read: 55.10 Subd. 2a. [EXEMPTION FROM WRITTEN EXAMINATION 55.11 REQUIREMENT.] Persons completing the audiology registration 55.12 requirements of section 148.515 after January 1, 1996, are 55.13 exempt from the written examination requirements of subdivision 55.14 2h, paragraph (a), clause (1). Minnesota registration or 55.15 American Speech-Language-Hearing Association certification as an 55.16 audiologist is not required but may be submitted as evidence 55.17 qualifying for exemption from the written examination if the 55.18 requirements are completed after January 1, 1996. Persons 55.19 qualifying for written examination exemption must fulfill the 55.20 other credentialing requirements under subdivisions 1 and 2 55.21 before a certificate may be issued by the commissioner. 55.22 Sec. 59. Minnesota Statutes 1998, section 153A.14, 55.23 subdivision 2h, is amended to read: 55.24 Subd. 2h. [CERTIFICATION BY EXAMINATION.] An applicant 55.25 must achieve a passing score, as determined by the commissioner, 55.26 on an examination according to paragraphs (a) to (c). 55.27 (a) The examination must include, but is not limited to: 55.28 (1) A written examination approved by the commissioner 55.29 covering the following areas as they pertain to hearing 55.30 instrument selling: 55.31 (i) basic physics of sound; 55.32 (ii) the anatomy and physiology of the ear; 55.33 (iii) the function of hearing instruments; 55.34 (iv) the principles of hearing instrument selection; and 55.35 (v) state and federal laws, rules, and regulations. 55.36 (2) Practical tests of proficiency in the following 56.1 techniques as they pertain to hearing instrument selling: 56.2 (i) pure tone audiometry, including air conduction testing 56.3 and bone conduction testing; 56.4 (ii) live voice or recorded voice speech audiometry 56.5 including speech recognition (discrimination) testing, most 56.6 comfortable loudness level, and uncomfortable loudness 56.7 measurements of tolerance thresholds; 56.8 (iii) masking when indicated; 56.9 (iv) recording and evaluation of audiograms and speech 56.10 audiometry to determine proper selection and fitting of a 56.11 hearing instrument; 56.12 (v) taking ear mold impressions; and 56.13 (vi) using an otoscope for the visual observation of the 56.14 entire ear canal. 56.15 (b) The examination shall be administered by the 56.16 commissioner at least twice a year. 56.17 (c) An applicant must achieve a passing score on all 56.18 portions of the examination within a two-year period. An 56.19 applicant who does not achieve a passing score on all portions 56.20 of the examination within a two-year period must retake the 56.21 entire examination and achieve a passing score on each portion 56.22 of the examination. An applicant who does not apply for 56.23 certification within one year of successful completion of the 56.24 examination must retake the examination and achieve a passing 56.25 score on each portion of the examination. An applicant may not 56.26 take any part of the examination more than three times in a 56.27 two-year period. 56.28 Sec. 60. Minnesota Statutes 1998, section 153A.14, 56.29 subdivision 4, is amended to read: 56.30 Subd. 4. [DISPENSING OF HEARING INSTRUMENTS WITHOUT 56.31 CERTIFICATE.] Except as provided insubdivisionsubdivisions 4a 56.32 and 4c, it is unlawful for any person not holding a valid 56.33 certificate to dispense a hearing instrument as defined in 56.34 section 153A.13, subdivision 3. A person who dispenses a 56.35 hearing instrument without the certificate required by this 56.36 section is guilty of a gross misdemeanor. 57.1 Sec. 61. Minnesota Statutes 1998, section 153A.14, 57.2 subdivision 4a, is amended to read: 57.3 Subd. 4a. [TRAINEES.] (a) A person who is not certified 57.4 under this section may dispense hearing instruments as a trainee 57.5 for a period not to exceed 12 months if the person: 57.6 (1) submits an application on forms provided by the 57.7 commissioner; 57.8 (2) is under the supervision of a certified dispenser 57.9 meeting the requirements of this subdivision; and 57.10 (3) meets all requirements for certification except passage 57.11 of the examination required by this section. 57.12 (b) A certified hearing instrument dispenser may not 57.13 supervise more than two trainees at the same time and may not 57.14 directly supervise more than one trainee at a time. The 57.15 certified dispenser is responsible for all actions or omissions 57.16 of a trainee in connection with the dispensing of hearing 57.17 instruments. A certified dispenser may not supervise a trainee 57.18 if there are any commissioner, court, or other orders, currently 57.19 in effect or issued within the last five years, that were issued 57.20 with respect to an action or omission of a certified dispenser 57.21 or a trainee under the certified dispenser's supervision. 57.22TraineesUntil taking and passing the practical examination 57.23 testing the techniques described in subdivision 2h, paragraph 57.24 (a), clause (2), trainees must be directly supervised in all 57.25 areas described in subdivision 4b, and the activities tested by 57.26 the practical examination.Two hundred hours of on-site57.27observations must be completed within the trainee period with a57.28minimum of 100 hours involving the supervisor, trainee, and a57.29consumer. In additionThereafter, trainees may dispense hearing 57.30 instruments under indirect supervision until expiration of the 57.31 trainee period. Under indirect supervision, the trainee must 57.32 complete two monitored activities a week. Monitored activities 57.33 may be executed by correspondence, telephone, or other 57.34 telephonic devices, and include, but are not limited to, 57.35 evaluation of audiograms, written reports, and contracts. The 57.36 time spent in supervision must be recorded and the record 58.1 retained by the supervisor. 58.2 Sec. 62. Minnesota Statutes 1998, section 153A.14, is 58.3 amended by adding a subdivision to read: 58.4 Subd. 4c. [RECIPROCITY.] (a) A person applying for 58.5 certification as a hearing instrument dispenser under 58.6 subdivision 1 and who has dispensed hearing instruments in 58.7 another jurisdiction may dispense hearing instruments as a 58.8 trainee under indirect supervision if the person: 58.9 (1) satisfies provisions of subdivision 4a, paragraph (a); 58.10 (2) submits a signed and dated affidavit stating that the 58.11 applicant is not the subject of a disciplinary action or past 58.12 disciplinary action in this or another jurisdiction and is not 58.13 disqualified on the basis of section 153A.15, subdivision 1; and 58.14 (3) provides a copy of a current credential as a hearing 58.15 instrument dispenser, an audiologist, or both, held in the 58.16 District of Columbia or a state or territory of the United 58.17 States. 58.18 (b) A person becoming a trainee under this subdivision who 58.19 fails to take and pass the practical examination described in 58.20 subdivision 2h, paragraph (a), clause (2), when next offered 58.21 must cease dispensing hearing instruments unless under direct 58.22 supervision. 58.23 Sec. 63. Minnesota Statutes 1998, section 153A.14, is 58.24 amended by adding a subdivision to read: 58.25 Subd. 4d. [EXPIRATION OF TRAINEE PERIOD.] The trainee 58.26 period automatically expires two months following notice of 58.27 passing all examination requirements of subdivision 2h. 58.28 Sec. 64. Minnesota Statutes 1998, section 153A.15, 58.29 subdivision 1, is amended to read: 58.30 Subdivision 1. [PROHIBITED ACTS.] The commissioner may 58.31 take enforcement action as provided under subdivision 2 against 58.32 a dispenser of hearing instruments for the following acts and 58.33 conduct: 58.34 (1) prescribing or otherwise recommending to a consumer or 58.35 potential consumer the use of a hearing instrument, unless the 58.36 prescription from a physician or recommendation from a hearing 59.1 instrument dispenser or audiologist is in writing, is based on 59.2 an audiogram that is delivered to the consumer or potential 59.3 consumer when the prescription or recommendation is made, and 59.4 bears the following information in all capital letters of 59.5 12-point or larger boldface type: "THIS PRESCRIPTION OR 59.6 RECOMMENDATION MAY BE FILLED BY, AND HEARING INSTRUMENTS MAY BE 59.7 PURCHASED FROM, THE CERTIFIED DISPENSER OF YOUR CHOICE"; 59.8 (2) failing to give a copy of the audiogram, upon which the 59.9 prescription or recommendation is based, to the consumer when 59.10 there has been a charge for the audiogram and the consumer 59.11 requests a copy; 59.12 (3) dispensing a hearing instrument to a minor person 18 59.13 years or younger unless evaluated by an audiologist for purposes 59.14 of hearing evaluation and hearing aid evaluation; 59.15 (4) failing to provide the consumer rights brochure 59.16 required by section 153A.14, subdivision 9; 59.17(4)(5) being disciplined through a revocation, suspension, 59.18 restriction, or limitation by another state for conduct subject 59.19 to action under this chapter; 59.20(5)(6) presenting advertising that is false or misleading; 59.21(6)(7) providing the commissioner with false or misleading 59.22 statements of credentials, training, or experience; 59.23(7)(8) engaging in conduct likely to deceive, defraud, or 59.24 harm the public; or demonstrating a willful or careless 59.25 disregard for the health, welfare, or safety of a consumer; 59.26(8)(9) splitting fees or promising to pay a portion of a 59.27 fee to any other professional other than a fee for services 59.28 rendered by the other professional to the client; 59.29(9)(10) engaging in abusive or fraudulent billing 59.30 practices, including violations of federal Medicare and Medicaid 59.31 laws, Food and Drug Administration regulations, or state medical 59.32 assistance laws; 59.33(10)(11) obtaining money, property, or services from a 59.34 consumer through the use of undue influence, high pressure sales 59.35 tactics, harassment, duress, deception, or fraud; 59.36(11)(12) failing to comply with restrictions on sales of 60.1 hearing aids in sections 153A.14, subdivision 9, and 153A.19; 60.2(12)(13) performing the services of a certified hearing 60.3 instrument dispenser in an incompetent or negligent manner; 60.4(13)(14) failing to comply with the requirements of this 60.5 chapter as an employer, supervisor, or trainee; 60.6(14)(15) failing to provide information in a timely manner 60.7 in response to a request by the commissioner, commissioner's 60.8 designee, or the advisory council; 60.9(15)(16) being convicted within the past five years of 60.10 violating any laws of the United States, or any state or 60.11 territory of the United States, and the violation is a felony, 60.12 gross misdemeanor, or misdemeanor, an essential element of which 60.13 relates to hearing instrument dispensing, except as provided in 60.14 chapter 364; 60.15(16)(17) failing to cooperate with the commissioner, the 60.16 commissioner's designee, or the advisory council in any 60.17 investigation; 60.18(17)(18) failing to perform hearing instrument dispensing 60.19 with reasonable judgment, skill, or safety due to the use of 60.20 alcohol or drugs, or other physical or mental impairment; 60.21(18)(19) failing to fully disclose actions taken against 60.22 the applicant or the applicant's legal authorization to dispense 60.23 hearing instruments in this or another state; 60.24(19)(20) violating a state or federal court order or 60.25 judgment, including a conciliation court judgment, relating to 60.26 the activities of the applicant in hearing instrument 60.27 dispensing; 60.28(20)(21) having been or being disciplined by the 60.29 commissioner of the department of health, or other authority, in 60.30 this or another jurisdiction, if any of the grounds for the 60.31 discipline are the same or substantially equivalent to those in 60.32 sections 153A.13 to 153A.19; 60.33(21)(22) misrepresenting the purpose of hearing tests, or 60.34 in any way communicating that the hearing test or hearing test 60.35 protocol required by section 153A.14, subdivision 4b, is a 60.36 medical evaluation, a diagnostic hearing evaluation conducted by 61.1 an audiologist, or is other than a test to select a hearing 61.2 instrument, except that the hearing instrument dispenser can 61.3 determine the need for or recommend the consumer obtain a 61.4 medical evaluation consistent with requirements of the United 61.5 States Food and Drug Administration; 61.6(22)(23) violating any of the provisions of sections 61.7 153A.13 to 153A.19; and 61.8(23)(24) aiding or abetting another person in violating 61.9 any of the provisions of sections 153A.13 to 153A.19. 61.10 Sec. 65. Minnesota Statutes 1998, section 214.18, is 61.11 amended by adding a subdivision to read: 61.12 Subd. 3a. [HCV.] "HCV" means the hepatitis C virus. 61.13 Sec. 66. Minnesota Statutes 1998, section 214.18, 61.14 subdivision 5, is amended to read: 61.15 Subd. 5. [REGULATED PERSON.] "Regulated person" means a 61.16 licensed dental hygienist, dentist, physician, nurse who 61.17 maintains current registration as a registered nurse or licensed 61.18 practical nurse, podiatrist, a registered dental assistant, a 61.19 physician's assistant, and for purposes of sections 214.19, 61.20 subdivisions 4 and 5; 214.20, paragraph (a); and 214.24, a 61.21 chiropractor. 61.22 Sec. 67. Minnesota Statutes 1998, section 214.19, 61.23 subdivision 1, is amended to read: 61.24 Subdivision 1. [PERMISSION TO REPORT.] A person with 61.25 actual knowledge that a regulated person has been diagnosed as 61.26 infected with HIVor, HBV, or HCV may file a report with the 61.27 commissioner. 61.28 Sec. 68. [241.33] [DEFINITIONS.] 61.29 Subdivision 1. [SCOPE OF DEFINITIONS.] For purposes of 61.30 sections 241.33 to 241.342, the following terms have the meaning 61.31 given them. 61.32 Subd. 2. [BLOODBORNE PATHOGENS.] "Bloodborne pathogens" 61.33 means pathogenic microorganisms that are present in human blood 61.34 and can cause disease in humans. These pathogens include, but 61.35 are not limited to, hepatitis B virus (HBV), hepatitis C virus 61.36 (HCV), and human immunodeficiency virus (HIV). 62.1 Subd. 3. [INMATE.] "Inmate" means an individual in the 62.2 custody or under the jurisdiction of the commissioner of 62.3 corrections or a local correctional authority. 62.4 Subd. 4. [CORRECTIONAL FACILITY.] "Correctional facility" 62.5 means a state or local correctional facility. 62.6 Subd. 5. [CORRECTIONS EMPLOYEE.] "Corrections employee" 62.7 means an employee of a state or local correctional agency. 62.8 Subd. 6. [SIGNIFICANT EXPOSURE.] "Significant exposure" 62.9 means contact, in a manner supported by recommendation of the 62.10 United States Public Health Service most current at the time 62.11 these evaluations take place, that includes: 62.12 (1) percutaneous injury, contact of mucous membrane or 62.13 nonintact skin, or prolonged contact of intact skin; and 62.14 (2) contact, in a manner which may transmit a bloodborne 62.15 pathogen, with blood, tissue, or other body fluids. 62.16 Sec. 69. [241.331] [CONDITIONS FOR APPLICABILITY OF 62.17 PROCEDURES.] 62.18 Subdivision 1. [REQUEST FOR PROCEDURES.] A corrections 62.19 employee may request that the procedures of sections 241.33 to 62.20 241.342 be followed when the corrections employee may have 62.21 experienced a significant exposure to an inmate. 62.22 Subd. 2. [CONDITIONS.] The correctional facility shall 62.23 follow the procedures in sections 241.33 to 241.342 when all of 62.24 the following conditions are met: 62.25 (1) a licensed physician determines that a significant 62.26 exposure has occurred following the protocol under section 62.27 241.341; 62.28 (2) the licensed physician for the corrections employee 62.29 needs the inmate's bloodborne pathogens test results to begin, 62.30 continue, modify, or discontinue treatment in accordance with 62.31 the most current guidelines of the United States Public Health 62.32 Service, because of possible exposure to a bloodborne pathogen; 62.33 and 62.34 (3) the corrections employee consents to providing a blood 62.35 sample for testing for a bloodborne pathogen. 62.36 Sec. 70. [241.332] [INFORMATION REQUIRED TO BE GIVEN TO 63.1 INDIVIDUALS.] 63.2 Subdivision 1. [INFORMATION TO INMATE.] (a) Before seeking 63.3 any consent required by the procedures under sections 241.33 to 63.4 241.342, a correctional facility shall inform the inmate that 63.5 the inmate's bloodborne pathogen test results, without the 63.6 inmate's name or other uniquely identifying information, shall 63.7 be reported to the corrections employee if requested and that 63.8 test results collected under sections 241.33 to 241.342 are for 63.9 medical purposes as set forth in section 241.338 and may not be 63.10 used as evidence in any criminal proceedings. 63.11 (b) The correctional facility shall inform the inmate that 63.12 the correctional facility will advise the corrections employee 63.13 of the confidentiality requirements and penalties before the 63.14 employee's health care provider discloses any test results. 63.15 Subd. 2. [INFORMATION TO CORRECTIONS EMPLOYEE.] Before 63.16 disclosing any information about the inmate, the correctional 63.17 facility shall inform the corrections employee of the 63.18 confidentiality requirements of section 241.339 and that the 63.19 person may be subject to penalties for unauthorized release of 63.20 test results about the inmate under section 241.34. 63.21 Sec. 71. [241.333] [DISCLOSURE OF POSITIVE BLOODBORNE 63.22 PATHOGEN TEST RESULTS.] 63.23 If the conditions of sections 241.331 and 241.332 are met, 63.24 the correctional facility shall ask the inmate if the inmate has 63.25 ever had a positive test for a bloodborne pathogen. The 63.26 correctional facility must attempt to get existing test results 63.27 under this section before taking any steps to obtain a blood 63.28 sample or to test for bloodborne pathogens. The correctional 63.29 facility shall disclose the inmate's bloodborne pathogen test 63.30 results to the corrections employee without the inmate's name or 63.31 other uniquely identifying information. 63.32 Sec. 72. [241.334] [CONSENT PROCEDURES GENERALLY.] 63.33 (a) For purposes of sections 241.33 to 241.342, whenever 63.34 the correctional facility is required to seek consent, the 63.35 correctional facility shall obtain consent from an inmate or an 63.36 inmate's representative consistent with other law applicable to 64.1 consent. 64.2 (b) Consent is not required if the correctional facility 64.3 has made reasonable efforts to obtain the representative's 64.4 consent and consent cannot be obtained within 24 hours of a 64.5 significant exposure. 64.6 (c) If testing of available blood occurs without consent 64.7 because the inmate is unconscious or unable to provide consent, 64.8 and a representative cannot be located, the correctional 64.9 facility shall provide the information required in section 64.10 241.332 to the inmate or representative whenever it is possible 64.11 to do so. 64.12 (d) If an inmate dies before an opportunity to consent to 64.13 blood collection or testing under sections 241.33 to 241.342, 64.14 the correctional facility does not need consent of the inmate's 64.15 representative for purposes of sections 241.33 to 241.342. 64.16 Sec. 73. [241.335] [TESTING OF AVAILABLE BLOOD.] 64.17 Subdivision 1. [PROCEDURES WITH CONSENT.] If a sample of 64.18 the inmate's blood is available, the correctional facility shall 64.19 ensure that blood is tested for bloodborne pathogens with the 64.20 consent of the inmate, provided the conditions in sections 64.21 241.331 and 241.332 are met. 64.22 Subd. 2. [PROCEDURES WITHOUT CONSENT.] If the inmate has 64.23 provided a blood sample, but does not consent to bloodborne 64.24 pathogens testing, the correctional facility shall ensure that 64.25 the blood is tested for bloodborne pathogens if the corrections 64.26 employee requests the test, provided all of the following 64.27 criteria are met: 64.28 (1) the corrections employee and correctional facility has 64.29 documented exposure to blood or body fluids during performance 64.30 of the employee's work duties; 64.31 (2) a licensed physician has determined that a significant 64.32 exposure has occurred under section 241.341 and has documented 64.33 that bloodborne pathogen test results are needed for beginning, 64.34 modifying, continuing, or discontinuing medical treatment for 64.35 the corrections employee as recommended by the most current 64.36 guidelines of the United States Public Health Service; 65.1 (3) the corrections employee provides a blood sample for 65.2 testing for bloodborne pathogens as soon as feasible; 65.3 (4) the correctional facility asks the inmate to consent to 65.4 a test for bloodborne pathogens and the inmate does not consent; 65.5 (5) the correctional facility has provided the inmate and 65.6 the corrections employee with all of the information required by 65.7 section 241.332; and 65.8 (6) the correctional facility has informed the corrections 65.9 employee of the confidentiality requirements of section 241.339 65.10 and the penalties for unauthorized release of inmate information 65.11 under section 241.34. 65.12 Subd. 3. [FOLLOW-UP.] The correctional facility shall 65.13 inform the inmate whose blood was tested of the results. The 65.14 correctional facility shall inform the corrections employee's 65.15 health care provider of the inmate's test results without the 65.16 inmate's name or other uniquely identifying information. 65.17 Sec. 74. [241.336] [BLOOD SAMPLE COLLECTION FOR TESTING.] 65.18 Subdivision 1. [PROCEDURES WITH CONSENT.] (a) If a blood 65.19 sample is not otherwise available, the correctional facility 65.20 shall obtain consent from the inmate before collecting a blood 65.21 sample for testing for bloodborne pathogens. The consent 65.22 process shall include informing the inmate that the inmate may 65.23 refuse to provide a blood sample and that the inmate's refusal 65.24 may result in a request for a court order under subdivision 2 to 65.25 require the inmate to provide a blood sample. 65.26 (b) If the inmate consents to provide a blood sample, the 65.27 correctional facility shall collect a blood sample and ensure 65.28 that the sample is tested for bloodborne pathogens. 65.29 (c) The correctional facility shall inform the corrections 65.30 employee's health care provider about the inmate's test results 65.31 without the inmate's name or other uniquely identifying 65.32 information. The correctional facility shall inform the inmate 65.33 of the test results. 65.34 (d) If the inmate refuses to provide a blood sample for 65.35 testing, the correctional facility shall inform the corrections 65.36 employee of the inmate's refusal. 66.1 Subd. 2. [PROCEDURES WITHOUT CONSENT.] (a) A correctional 66.2 facility or a corrections employee may bring a petition for a 66.3 court order to require an inmate to provide a blood sample for 66.4 testing for bloodborne pathogens. The petition shall be filed 66.5 in the district court in the county where the inmate is 66.6 confined. The correctional facility shall serve the petition on 66.7 the inmate before a hearing on the petition. The petition shall 66.8 include one or more affidavits attesting that: 66.9 (1) the correctional facility followed the procedures in 66.10 sections 241.33 to 241.342 and attempted to obtain bloodborne 66.11 pathogen test results according to those sections; 66.12 (2) a licensed physician knowledgeable about the most 66.13 current recommendations of the United States Public Health 66.14 Service has determined that a significant exposure has occurred 66.15 to the corrections employee; and 66.16 (3) a physician has documented that bloodborne pathogen 66.17 test results are needed for beginning, continuing, modifying, or 66.18 discontinuing medical treatment for the corrections employee. 66.19 (b) Facilities shall cooperate with petitioners in 66.20 providing any necessary affidavits to the extent that facility 66.21 staff can attest under oath to the facts in the affidavits. 66.22 (c) The court may order the inmate to provide a blood 66.23 sample for bloodborne pathogen testing if: 66.24 (1) there is probable cause to believe the corrections 66.25 employee has experienced a significant exposure to the inmate; 66.26 (2) the court imposes appropriate safeguards against 66.27 unauthorized disclosure that must specify the persons who have 66.28 access to the test results and the purposes for which the test 66.29 results may be used; 66.30 (3) a licensed physician for the corrections employee needs 66.31 the test results for beginning, continuing, modifying, or 66.32 discontinuing medical treatment for the corrections employee; 66.33 and 66.34 (4) the court finds a compelling need for the test 66.35 results. In assessing compelling need, the court shall weigh 66.36 the need for the court-ordered blood collection and test results 67.1 against the privacy interests of the inmate. The court shall 67.2 also consider whether involuntary blood collection and testing 67.3 would serve the public interests. 67.4 (d) The court shall conduct the proceeding in camera unless 67.5 the petitioner or the inmate requests a hearing in open court or 67.6 the court determines that a public hearing is necessary to the 67.7 public interest and the proper administration of justice. 67.8 (e) The inmate may arrange for counsel in any proceeding 67.9 brought under this subdivision. 67.10 Sec. 75. [241.337] [NO DISCRIMINATION.] 67.11 A correctional facility shall not withhold care or 67.12 treatment on the requirement that the inmate consent to 67.13 bloodborne pathogen testing under sections 241.33 to 241.342. 67.14 Sec. 76. [241.338] [USE OF TEST RESULTS.] 67.15 Bloodborne pathogen test results of an inmate obtained 67.16 under sections 241.33 to 241.342 are for diagnostic purposes and 67.17 to determine the need for treatment or medical care specific to 67.18 a bloodborne pathogen-related illness. The test results may not 67.19 be used as evidence in any criminal proceedings. 67.20 Sec. 77. [241.339] [TEST INFORMATION CONFIDENTIALITY.] 67.21 Test results obtained under sections 241.33 to 241.342 are 67.22 private data as defined in sections 13.02, subdivision 12, and 67.23 13.85, subdivision 2. 67.24 Sec. 78. [241.34] [PENALTY FOR UNAUTHORIZED RELEASE OF 67.25 INFORMATION.] 67.26 Unauthorized release of the inmate's name or other uniquely 67.27 identifying information under sections 241.33 to 241.342 is a 67.28 misdemeanor. This section does not preclude the inmate from 67.29 pursuing remedies and penalties under sections 13.08 and 13.09 67.30 or other private causes of action against an individual, state 67.31 agency, statewide system, political subdivision, or person 67.32 responsible for releasing private data or confidential or 67.33 private information on the inmate. 67.34 Sec. 79. [241.341] [PROTOCOL FOR EXPOSURE TO BLOODBORNE 67.35 PATHOGENS.] 67.36 Correctional facilities shall follow applicable 68.1 Occupational Safety and Health Administration guidelines under 68.2 Code of Federal Regulations, title 29, part 1910.1030, for 68.3 bloodborne pathogens. Postexposure protocols for corrections 68.4 employees who experience a significant exposure must adhere to 68.5 the most current recommendations by the United States Public 68.6 Health Service. 68.7 Sec. 80. [241.342] [IMMUNITY.] 68.8 A correctional facility, licensed physician, and designated 68.9 health care personnel are immune from liability in any civil, 68.10 administrative, or criminal action relating to the disclosure of 68.11 test results of an inmate to a corrections employee and the 68.12 testing of a blood sample from the inmate for bloodborne 68.13 pathogens if a good faith effort has been made to comply with 68.14 sections 241.33 to 241.342. 68.15 Sec. 81. Minnesota Statutes 1998, section 609.344, 68.16 subdivision 1, is amended to read: 68.17 Subdivision 1. [CRIME DEFINED.] A person who engages in 68.18 sexual penetration with another person is guilty of criminal 68.19 sexual conduct in the third degree if any of the following 68.20 circumstances exists: 68.21 (a) the complainant is under 13 years of age and the actor 68.22 is no more than 36 months older than the complainant. Neither 68.23 mistake as to the complainant's age nor consent to the act by 68.24 the complainant shall be a defense; 68.25 (b) the complainant is at least 13 but less than 16 years 68.26 of age and the actor is more than 24 months older than the 68.27 complainant. In any such case it shall be an affirmative 68.28 defense, which must be proved by a preponderance of the 68.29 evidence, that the actor believes the complainant to be 16 years 68.30 of age or older. If the actor in such a case is no more than 48 68.31 months but more than 24 months older than the complainant, the 68.32 actor may be sentenced to imprisonment for not more than five 68.33 years. Consent by the complainant is not a defense; 68.34 (c) the actor uses force or coercion to accomplish the 68.35 penetration; 68.36 (d) the actor knows or has reason to know that the 69.1 complainant is mentally impaired, mentally incapacitated, or 69.2 physically helpless; 69.3 (e) the complainant is at least 16 but less than 18 years 69.4 of age and the actor is more than 48 months older than the 69.5 complainant and in a position of authority over the complainant. 69.6 Neither mistake as to the complainant's age nor consent to the 69.7 act by the complainant is a defense; 69.8 (f) the actor has a significant relationship to the 69.9 complainant and the complainant was at least 16 but under 18 69.10 years of age at the time of the sexual penetration. Neither 69.11 mistake as to the complainant's age nor consent to the act by 69.12 the complainant is a defense; 69.13 (g) the actor has a significant relationship to the 69.14 complainant, the complainant was at least 16 but under 18 years 69.15 of age at the time of the sexual penetration, and: 69.16 (i) the actor or an accomplice used force or coercion to 69.17 accomplish the penetration; 69.18 (ii) the complainant suffered personal injury; or 69.19 (iii) the sexual abuse involved multiple acts committed 69.20 over an extended period of time. 69.21 Neither mistake as to the complainant's age nor consent to 69.22 the act by the complainant is a defense; 69.23 (h) the actor is a licensed or unlicensed psychotherapist 69.24 and the complainant is a patient of the licensed or unlicensed 69.25 psychotherapist and the sexual penetration occurred: 69.26 (i) during the psychotherapy session; or 69.27 (ii) outside the psychotherapy session if an ongoing 69.28 psychotherapist-patient relationship exists. 69.29 Consent by the complainant is not a defense; 69.30 (i) the actor is a licensed or unlicensed psychotherapist 69.31 and the complainant is a former patient of the licensed or 69.32 unlicensed psychotherapist and the former patient is emotionally 69.33 dependent upon the licensed or unlicensed psychotherapist; 69.34 (j) the actor is a licensed or unlicensed psychotherapist 69.35 and the complainant is a patient or former patient and the 69.36 sexual penetration occurred by means of therapeutic deception. 70.1 Consent by the complainant is not a defense; 70.2 (k) the actor accomplishes the sexual penetration by means 70.3 of deception or false representation that the penetration is for 70.4 a bona fide medical purpose. Consent by the complainant is not 70.5 a defense; or 70.6 (1) the actor is or purports to be a member of the clergy, 70.7 the complainant is not married to the actor, and: 70.8 (i) the sexual penetration occurred during the course of a 70.9 meeting in which the complainant sought or received religious or 70.10 spiritual advice, aid, or comfort from the actor in private; or 70.11 (ii) the sexual penetration occurred during a period of 70.12 time in which the complainant was meeting on an ongoing basis 70.13 with the actor to seek or receive religious or spiritual advice, 70.14 aid, or comfort in private. 70.15 Consent by the complainant is not a defense. 70.16 Sec. 82. Minnesota Statutes 1998, section 609.345, 70.17 subdivision 1, is amended to read: 70.18 Subdivision 1. [CRIME DEFINED.] A person who engages in 70.19 sexual contact with another person is guilty of criminal sexual 70.20 conduct in the fourth degree if any of the following 70.21 circumstances exists: 70.22 (a) the complainant is under 13 years of age and the actor 70.23 is no more than 36 months older than the complainant. Neither 70.24 mistake as to the complainant's age or consent to the act by the 70.25 complainant is a defense. In a prosecution under this clause, 70.26 the state is not required to prove that the sexual contact was 70.27 coerced; 70.28 (b) the complainant is at least 13 but less than 16 years 70.29 of age and the actor is more than 48 months older than the 70.30 complainant or in a position of authority over the complainant. 70.31 Consent by the complainant to the act is not a defense. In any 70.32 such case, it shall be an affirmative defense which must be 70.33 proved by a preponderance of the evidence that the actor 70.34 believes the complainant to be 16 years of age or older; 70.35 (c) the actor uses force or coercion to accomplish the 70.36 sexual contact; 71.1 (d) the actor knows or has reason to know that the 71.2 complainant is mentally impaired, mentally incapacitated, or 71.3 physically helpless; 71.4 (e) the complainant is at least 16 but less than 18 years 71.5 of age and the actor is more than 48 months older than the 71.6 complainant and in a position of authority over the complainant. 71.7 Neither mistake as to the complainant's age nor consent to the 71.8 act by the complainant is a defense; 71.9 (f) the actor has a significant relationship to the 71.10 complainant and the complainant was at least 16 but under 18 71.11 years of age at the time of the sexual contact. Neither mistake 71.12 as to the complainant's age nor consent to the act by the 71.13 complainant is a defense; 71.14 (g) the actor has a significant relationship to the 71.15 complainant, the complainant was at least 16 but under 18 years 71.16 of age at the time of the sexual contact, and: 71.17 (i) the actor or an accomplice used force or coercion to 71.18 accomplish the contact; 71.19 (ii) the complainant suffered personal injury; or 71.20 (iii) the sexual abuse involved multiple acts committed 71.21 over an extended period of time. 71.22 Neither mistake as to the complainant's age nor consent to 71.23 the act by the complainant is a defense; 71.24 (h) the actor is a licensed or unlicensed psychotherapist 71.25 and the complainant is a patient of the licensed or unlicensed 71.26 psychotherapist and the sexual contact occurred: 71.27 (i) during the psychotherapy session; or 71.28 (ii) outside the psychotherapy session if an ongoing 71.29 psychotherapist-patient relationship exists. 71.30 Consent by the complainant is not a defense; 71.31 (i) the actor is a licensed or unlicensed psychotherapist 71.32 and the complainant is a former patient of the licensed or 71.33 unlicensed psychotherapist and the former patient is emotionally 71.34 dependent upon the licensed or unlicensed psychotherapist; 71.35 (j) the actor is a licensed or unlicensed psychotherapist 71.36 and the complainant is a patient or former patient and the 72.1 sexual contact occurred by means of therapeutic deception. 72.2 Consent by the complainant is not a defense; 72.3 (k) the actor accomplishes the sexual contact by means of 72.4 deception or false representation that the contact is for a bona 72.5 fide medical purpose. Consent by the complainant is not a 72.6 defense; or 72.7 (1) the actor is or purports to be a member of the clergy, 72.8 the complainant is not married to the actor, and: 72.9 (i) the sexual contact occurred during the course of a 72.10 meeting in which the complainant sought or received religious or 72.11 spiritual advice, aid, or comfort from the actor in private; or 72.12 (ii) the sexual contact occurred during a period of time in 72.13 which the complainant was meeting on an ongoing basis with the 72.14 actor to seek or receive religious or spiritual advice, aid, or 72.15 comfort in private. 72.16 Consent by the complainant is not a defense. 72.17 Sec. 83. Minnesota Statutes 1998, section 611A.19, 72.18 subdivision 1, is amended to read: 72.19 Subdivision 1. [TESTING ON REQUEST OF VICTIM.] (a) Upon 72.20 the request or with the consent of the victim, the prosecutor 72.21 shall make a motion in camera and the sentencing court shall 72.22 issue an order requiring an adult convicted of or a juvenile 72.23 adjudicated delinquent for violating section 609.342 (criminal 72.24 sexual conduct in the first degree), 609.343 (criminal sexual 72.25 conduct in the second degree), 609.344 (criminal sexual conduct 72.26 in the third degree), 609.345 (criminal sexual conduct in the 72.27 fourth degree), or any other violent crime, as defined in 72.28 section 609.1095, to submit to testing to determine the presence 72.29 of human immunodeficiency virus (HIV) antibody if: 72.30 (1) the crime involved sexual penetration, however slight, 72.31 as defined in section 609.341, subdivision 12; or 72.32 (2) evidence exists that the broken skin or mucous membrane 72.33 of the victim was exposed to or had contact with the offender's 72.34 semen or blood during the commission of the crime in a manner 72.35 which has been demonstrated epidemiologically to transmit the 72.36 human immunodeficiency virus (HIV). 73.1 (b) When the court orders an offender to submit to testing 73.2 under paragraph (a), the court shall order that the test be 73.3 performed by an appropriate health professionalwho is trained73.4to provide the counseling described in section 144.763,and that 73.5 no reference to the test, the motion requesting the test, the 73.6 test order, or the test results may appear in the criminal 73.7 record or be maintained in any record of the court or court 73.8 services. 73.9 Sec. 84. Minnesota Statutes 1998, section 611A.19, 73.10 subdivision 2, is amended to read: 73.11 Subd. 2. [DISCLOSURE OF TEST RESULTS.] The date and 73.12 results of a test performed under subdivision 1 are private data 73.13 as defined in section 13.02, subdivision 12, when maintained by 73.14 a person subject to chapter 13, or may be released only with the 73.15 subject's consent, if maintained by a person not subject to 73.16 chapter 13. The results are available, on request, to the 73.17 victim or, if the victim is a minor, to the victim's parent or 73.18 guardian and positive test results shall be reported to the 73.19 commissioner of health. Any test results given to a victim or 73.20 victim's parent or guardian shall be provided by a health 73.21 professionalwho is trained to provide the counseling described73.22in section 144.763. Data regarding administration and results 73.23 of the test are not accessible to any other person for any 73.24 purpose and shall not be maintained in any record of the court 73.25 or court services or any other record. After the test results 73.26 are given to the victim or the victim's parent or guardian, data 73.27 on the test must be removed from any medical data or health 73.28 records maintained under section 13.42 or 144.335 and destroyed. 73.29 Sec. 85. [REPEALER.] 73.30 Minnesota Statutes 1998, sections 144.761; 144.762; 73.31 144.763; 144.764; 144.765; 144.766; 144.767; 144.768; 144.769; 73.32 144.7691; 145.882, subdivisions 3 and 4; and 148C.04, 73.33 subdivision 5, are repealed.