SF 228

2nd Engrossment - 80th Legislature (1997 - 1998)

Posted on 12/15/2009 12:00 a.m.

  1.1                          A bill for an act 
  1.2             relating to health professions; modifying provisions 
  1.3             relating to speech-language pathologists, 
  1.4             audiologists, unlicensed mental health practitioners, 
  1.5             alcohol and drug counselors, and hearing instrument 
  1.6             dispensers; providing civil and criminal penalties; 
  1.7             amending Minnesota Statutes 1996, sections 144.335, 
  1.8             subdivision 1; 148.515, subdivision 3; 148.518, 
  1.9             subdivision 2; 148.5191, subdivisions 1, 3, and 4; 
  1.10            148.5194; 148.5195, subdivision 3, and by adding 
  1.11            subdivisions; 148B.66, subdivisions 2 and 3; 148B.69, 
  1.12            subdivision 2, and by adding a subdivision; 148B.70, 
  1.13            subdivision 3; 148C.03, subdivision 1; 148C.04, 
  1.14            subdivisions 3 and 4; 148C.05, subdivision 2; 148C.06; 
  1.15            148C.11, subdivision 3; 153A.13, subdivision 5; 
  1.16            153A.14, subdivisions 2b, 2d, 2f, 2h, 9, and 10; 
  1.17            153A.15, subdivisions 1, 3, and by adding a 
  1.18            subdivision; 153A.17; 153A.18; and 153A.20, 
  1.19            subdivision 3; proposing coding for new law in 
  1.20            Minnesota Statutes, chapter 148; repealing Minnesota 
  1.21            Statutes 1996, section 153A.14, subdivisions 2a and 7. 
  1.22  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.23     Section 1.  Minnesota Statutes 1996, section 144.335, 
  1.24  subdivision 1, is amended to read: 
  1.25     Subdivision 1.  [DEFINITIONS.] For the purposes of this 
  1.26  section, the following terms have the meanings given them: 
  1.27     (a) "Patient" means a natural person who has received 
  1.28  health care services from a provider for treatment or 
  1.29  examination of a medical, psychiatric, or mental condition, the 
  1.30  surviving spouse and parents of a deceased patient, or a person 
  1.31  the patient designates in writing as a representative.  Except 
  1.32  for minors who have received health care services pursuant to 
  1.33  sections 144.341 to 144.347, in the case of a minor, patient 
  2.1   includes a parent or guardian, or a person acting as a parent or 
  2.2   guardian in the absence of a parent or guardian. 
  2.3      (b) "Provider" means (1) any person who furnishes health 
  2.4   care services and is licensed credentialed to furnish the 
  2.5   services pursuant to chapter 147, 148, 148B, 148C, 150A, 151, or 
  2.6   153, or 153A, or Minnesota Rules, chapter 4666; (2) a home care 
  2.7   provider licensed under section 144A.46; (3) a health care 
  2.8   facility licensed pursuant to this chapter or chapter 144A; (4) 
  2.9   a physician assistant registered under chapter 147A; and (5) an 
  2.10  unlicensed mental health practitioner regulated pursuant to 
  2.11  sections 148B.60 to 148B.71. 
  2.12     (c) "Individually identifiable form" means a form in which 
  2.13  the patient is or can be identified as the subject of the health 
  2.14  records. 
  2.15     Sec. 2.  Minnesota Statutes 1996, section 148.515, 
  2.16  subdivision 3, is amended to read: 
  2.17     Subd. 3.  [SUPERVISED CLINICAL TRAINING REQUIRED.] (a) An 
  2.18  applicant must complete at least 375 hours of supervised 
  2.19  clinical training as a student that meets the requirements of 
  2.20  paragraphs (b) to (f).  
  2.21     (b) The supervised clinical training must be provided by 
  2.22  the educational institution or by one of its cooperating 
  2.23  programs.  
  2.24     (c) The first 25 hours of the supervised clinical training 
  2.25  must be spent in clinical observation.  Those 25 hours must 
  2.26  concern the evaluation and treatment of children and adults with 
  2.27  disorders of speech, language, or hearing.  
  2.28     (d) All applicants must complete at least 350 hours of 
  2.29  supervised clinical training that concern the evaluation and 
  2.30  treatment of children and adults with disorders of speech, 
  2.31  language, and hearing.  At least 250 of the 350 hours must be at 
  2.32  the graduate level in the area in which registration is sought.  
  2.33  At least 50 hours must be spent in each of three types of 
  2.34  clinical settings including, but not limited to, university 
  2.35  clinics, hospitals, private clinics, and schools, including 
  2.36  secondary and elementary.  
  3.1      (e) An applicant seeking registration as a speech-language 
  3.2   pathologist must: 
  3.3      (1) obtain 250 of the 350 supervised hours in 
  3.4   speech-language pathology; 
  3.5      (2) complete a minimum of 20 hours of the 250 hours in each 
  3.6   of the following eight categories: 
  3.7      (i) evaluation:  speech disorders in children; 
  3.8      (ii) evaluation:  speech disorders in adults; 
  3.9      (iii) evaluation:  language disorders in children; 
  3.10     (iv) evaluation:  language disorders in adults; 
  3.11     (v) treatment:  speech disorders in children; 
  3.12     (vi) treatment:  speech disorders in adults; 
  3.13     (vii) treatment:  language disorders in children; and 
  3.14     (viii) treatment:  language disorders in adults; 
  3.15     (3) complete a minimum of 35 hours in audiology including:  
  3.16     (i) 15 hours in the evaluation or screening of individuals 
  3.17  with hearing disorders; and 
  3.18     (ii) 15 hours in habilitation or rehabilitation of 
  3.19  individuals with hearing impairment; and 
  3.20     (4) obtain no more than 20 hours in the major professional 
  3.21  area that are in related disorders.  
  3.22     (f) An applicant seeking registration as an audiologist 
  3.23  must: 
  3.24     (1) obtain 250 of the 350 hours in audiology; 
  3.25     (2) complete a minimum of 40 hours in each of the following 
  3.26  four categories:  
  3.27     (i) evaluation:  hearing in children; 
  3.28     (ii) evaluation:  hearing in adults; 
  3.29     (iii) selection and use:  amplification and assistive 
  3.30  devices for children; and 
  3.31     (iv) selection and use:  amplification and assistive 
  3.32  devices for adults; 
  3.33     (3) complete a minimum of 20 hours in the category of the 
  3.34  treatment of hearing disorders in children and adults; 
  3.35     (4) complete a minimum of 35 hours of the 350 hours in 
  3.36  speech-language pathology unrelated to hearing impairment as 
  4.1   follows:  
  4.2      (i) 15 hours in evaluation or screening; and 
  4.3      (ii) 15 hours in treatment; and 
  4.4      (5) obtain no more than 20 hours in the major professional 
  4.5   area that are in related disorders.  
  4.6      Sec. 3.  [148.5161] [TEMPORARY REGISTRATION.] 
  4.7      Subdivision 1.  [APPLICATION.] The commissioner shall issue 
  4.8   temporary registration as a speech-language pathologist or 
  4.9   audiologist to an applicant who has applied for registration 
  4.10  under section 148.515, who is not the subject of a disciplinary 
  4.11  action or past disciplinary action, and who has not violated a 
  4.12  provision of section 148.5195, subdivision 3.  
  4.13     Subd. 2.  [PROCEDURES.] To be eligible for temporary 
  4.14  registration, an applicant must submit an application form 
  4.15  provided by the commissioner, the fees required by section 
  4.16  148.5194, and evidence of successful completion of the 
  4.17  requirements in section 148.515, subdivisions 2 and 3.  
  4.18     Subd. 3.  [SUPERVISION REQUIRED.] (a) A temporary 
  4.19  registrant must practice under the supervision of an individual 
  4.20  who meets the requirements of section 148.512, subdivision 20.  
  4.21  Supervision must conform to the requirements in paragraphs (b) 
  4.22  to (g). 
  4.23     (b) Supervision must include both on-site observation and 
  4.24  other monitoring activities.  On-site observation must involve 
  4.25  the supervisor, the supervisee, and the client receiving 
  4.26  speech-language pathology or audiology services and must include 
  4.27  direct observation by the supervisor of treatment given by the 
  4.28  supervisee.  Other monitoring activities must involve direct or 
  4.29  indirect evaluative contact by the supervisor of the supervisee, 
  4.30  may be executed by correspondence, and may include, but are not 
  4.31  limited to, conferences with the supervisee, evaluation of 
  4.32  written reports, and evaluations by professional colleagues.  
  4.33  Other monitoring activities do not include the client receiving 
  4.34  speech-language pathology or audiology services. 
  4.35     (c) The temporary registrant must be supervised by an 
  4.36  individual who meets the definition of section 148.512, 
  5.1   subdivision 20, and:  
  5.2      (1) when the temporary registrant is a speech-language 
  5.3   pathologist, is a registered speech-language pathologist, or 
  5.4   holds a current certificate of clinical competence in 
  5.5   speech-language pathology from the American Speech-Language- 
  5.6   Hearing Association; and 
  5.7      (2) when the temporary registrant is an audiologist, is a 
  5.8   registered audiologist, or holds a current certificate of 
  5.9   clinical competence in audiology from the American Speech- 
  5.10  Language-Hearing Association.  
  5.11     (d) Temporary registration shall not be granted until the 
  5.12  applicant has completed the academic coursework and clinical 
  5.13  training in section 148.515, subdivisions 2 and 3.  
  5.14     (e) The temporary registrant must be supervised in no less 
  5.15  than 36 activities, including 18 one-hour on-site observations.  
  5.16  A maximum of six hours may be accrued in one day.  A minimum of 
  5.17  six one-hour on-site observations must be accrued during each 
  5.18  one-third of the experience.  
  5.19     (f) The temporary registrant must complete 18 other 
  5.20  monitored activities and complete at least one monitored 
  5.21  activity each month.  
  5.22     (g) The temporary registrant must provide verification of 
  5.23  supervision on the application form provided by the commissioner.
  5.24     Subd. 4.  [EXPIRATION OF TEMPORARY REGISTRATION.] A 
  5.25  temporary registration issued to a person pursuant to 
  5.26  subdivision 2 expires 18 months after issuance or on the date 
  5.27  the commissioner grants or denies registration, whichever occurs 
  5.28  first.  Upon application, a temporary registration shall be 
  5.29  renewed once to persons who have not met the supervised 
  5.30  postgraduate clinical experience requirement under section 
  5.31  148.515, subdivision 4, within the initial temporary 
  5.32  registration period and meet the requirements of subdivision 1. 
  5.33     Subd. 5.  [TITLE USED.] A temporary registrant shall be 
  5.34  identified by one of the protected titles and a designation 
  5.35  indicating clinical fellowship status. 
  5.36     Sec. 4.  Minnesota Statutes 1996, section 148.518, 
  6.1   subdivision 2, is amended to read: 
  6.2      Subd. 2.  [LAPSE OF MORE THAN THREE YEARS.] For an 
  6.3   applicant whose registered status has lapsed for more than three 
  6.4   years, the applicant must:  
  6.5      (1) apply for registration renewal according to section 
  6.6   148.5191 and fulfill the requirements for registration under 
  6.7   section 148.515, subdivisions 4 and 5. obtain a qualifying score 
  6.8   on the examination described in section 148.515, subdivision 5, 
  6.9   must be obtained within one year of the application date for 
  6.10  registration renewal; or 
  6.11     (2) fulfill the requirements of section 148.517. apply for 
  6.12  renewal according to section 148.5191, provide evidence to the 
  6.13  commissioner that the applicant holds a current and unrestricted 
  6.14  credential for the practice of speech-language pathology or 
  6.15  audiology in another jurisdiction that has requirements 
  6.16  equivalent to or higher than those in effect for Minnesota and 
  6.17  provide evidence of compliance with that jurisdiction's 
  6.18  continuing education requirements.  
  6.19     Sec. 5.  Minnesota Statutes 1996, section 148.5191, 
  6.20  subdivision 1, is amended to read: 
  6.21     Subdivision 1.  [RENEWAL REQUIREMENTS.] To renew 
  6.22  registration, an applicant must:  
  6.23     (1) annually biennially complete a renewal application on a 
  6.24  form provided by the commissioner and submit the annual biennial 
  6.25  renewal fee; 
  6.26     (2) meet the continuing education requirements of section 
  6.27  148.5193 and submit evidence of attending continuing education 
  6.28  courses, as required in section 148.5193, subdivision 6; and 
  6.29     (3) submit additional information if requested by the 
  6.30  commissioner to clarify information presented in the renewal 
  6.31  application.  The information must be submitted within 30 days 
  6.32  after the commissioner's request.  
  6.33     Sec. 6.  Minnesota Statutes 1996, section 148.5191, 
  6.34  subdivision 3, is amended to read: 
  6.35     Subd. 3.  [REGISTRATION RENEWAL NOTICE.] Registration 
  6.36  renewal is on an annual a biennial basis.  At least 30 60 days 
  7.1   before the registration renewal expiration date in subdivision 
  7.2   4, the commissioner shall send out a renewal notice to the 
  7.3   registrant's last known address.  The notice shall include a 
  7.4   renewal application and notice of fees required for renewal.  If 
  7.5   the registrant does not receive the renewal notice, the 
  7.6   registrant is still required to meet the deadline for renewal to 
  7.7   qualify for continuous registered status.  
  7.8      Sec. 7.  Minnesota Statutes 1996, section 148.5191, 
  7.9   subdivision 4, is amended to read: 
  7.10     Subd. 4.  [RENEWAL DEADLINE.] The renewal application and 
  7.11  fee must be postmarked on or before the date registration must 
  7.12  be renewed according to clauses (1) to (5).  Registration must 
  7.13  be renewed according to the following schedule:  
  7.14     (1) for registrants whose last name begins with the letters 
  7.15  A to E, February 1; 
  7.16     (2) for registrants whose last name begins with the letters 
  7.17  F to L, April 1; 
  7.18     (3) for registrants whose last name begins with the letters 
  7.19  M to P, June 1; 
  7.20     (4) for registrants whose last name begins with the letters 
  7.21  Q to U, August 1; and 
  7.22     (5) for registrants whose last name begins with the letters 
  7.23  V to Z, October 1.  Each registration certificate, including a 
  7.24  temporary registration certificate provided under section 
  7.25  148.5161, must state an expiration date.  An application for 
  7.26  registration renewal must be received by the department of 
  7.27  health or postmarked at least 30 days before the expiration 
  7.28  date.  If the postmark is illegible, the application shall be 
  7.29  considered timely if received at least 21 days before the 
  7.30  expiration date.  
  7.31     When the commissioner establishes the renewal schedule for 
  7.32  an applicant, registrant, or temporary registrant, if the period 
  7.33  before the expiration date is less than two years, the fee shall 
  7.34  be prorated. 
  7.35     Sec. 8.  Minnesota Statutes 1996, section 148.5194, is 
  7.36  amended to read: 
  8.1      148.5194 [FEES.] 
  8.2      Subdivision 1.  [FIRST TIME REGISTRANTS AND APPLICANTS FOR 
  8.3   REGISTRATION RENEWAL FEE PRORATION.] The commissioner shall 
  8.4   prorate the registration fee for first time registrants and 
  8.5   applicants for registration renewal according to the number of 
  8.6   months that have elapsed between the date registration is issued 
  8.7   and the date registration must be renewed under section 
  8.8   148.5191, subdivision 4.  
  8.9      Subd. 2.  [ANNUAL BIENNIAL REGISTRATION FEE.] The fee for 
  8.10  initial registration and annual biennial registration, temporary 
  8.11  registration, or renewal is $80 $160.  
  8.12     Subd. 3.  [ANNUAL BIENNIAL REGISTRATION FEE FOR DUAL 
  8.13  REGISTRATION AS A SPEECH-LANGUAGE PATHOLOGIST AND AUDIOLOGIST.] 
  8.14  The fee for initial registration and annual biennial 
  8.15  registration, temporary registration, or renewal is $80 $160.  
  8.16     Subd. 4.  [PENALTY FEE FOR LATE RENEWALS.] The penalty fee 
  8.17  for late submission of a renewal application is $15.  
  8.18     Subd. 5.  [NONREFUNDABLE FEES.] All fees are nonrefundable. 
  8.19     Sec. 9.  Minnesota Statutes 1996, section 148.5195, is 
  8.20  amended by adding a subdivision to read: 
  8.21     Subd. 1a.  [INVESTIGATION OF COMPLAINTS AGAINST 
  8.22  AUDIOLOGISTS WHO DISPENSE HEARING INSTRUMENTS.] In addition to 
  8.23  the investigation process in subdivision 1, an audiologist who 
  8.24  dispenses hearing instruments is also subject to the internal 
  8.25  operating procedures for receiving and investigating complaints 
  8.26  and imposing enforcement actions established under section 
  8.27  153A.15, subdivision 3.  In an investigation of an audiologist 
  8.28  who dispenses hearing instruments, the commissioner has all of 
  8.29  the discovery powers provided in section 153A.15, subdivision 3a.
  8.30     Sec. 10.  Minnesota Statutes 1996, section 148.5195, 
  8.31  subdivision 3, is amended to read: 
  8.32     Subd. 3.  [GROUNDS FOR DISCIPLINARY ACTION BY 
  8.33  COMMISSIONER.] The commissioner may take any of the disciplinary 
  8.34  actions listed in subdivision 4 on proof that the individual has:
  8.35     (1) intentionally submitted false or misleading information 
  8.36  to the commissioner or the advisory council; 
  9.1      (2) failed, within 30 days, to provide information in 
  9.2   response to a written request by the commissioner or advisory 
  9.3   council; 
  9.4      (3) performed services of a speech-language pathologist or 
  9.5   audiologist in an incompetent or negligent manner; 
  9.6      (4) violated sections 148.511 to 148.5196; 
  9.7      (5) failed to perform services with reasonable judgment, 
  9.8   skill, or safety due to the use of alcohol or drugs, or other 
  9.9   physical or mental impairment; 
  9.10     (6) violated any state or federal law, rule, or regulation, 
  9.11  and the violation is a felony or misdemeanor, an essential 
  9.12  element of which is dishonesty, or which relates directly or 
  9.13  indirectly to the practice of speech-language pathology or 
  9.14  audiology.  Conviction for violating any state or federal law 
  9.15  which relates to speech-language pathology or audiology is 
  9.16  necessarily considered to constitute a violation, except as 
  9.17  provided in chapter 364; 
  9.18     (7) aided or abetted another person in violating any 
  9.19  provision of sections 148.511 to 148.5196; 
  9.20     (8) been or is being disciplined by another jurisdiction, 
  9.21  if any of the grounds for the discipline is the same or 
  9.22  substantially equivalent to those under sections 148.511 to 
  9.23  148.5196; 
  9.24     (9) not cooperated with the commissioner or advisory 
  9.25  council in an investigation conducted according to subdivision 
  9.26  1; 
  9.27     (10) advertised in a manner that is false or misleading; 
  9.28     (11) engaged in conduct likely to deceive, defraud, or harm 
  9.29  the public; or demonstrated a willful or careless disregard for 
  9.30  the health, welfare, or safety of a client; 
  9.31     (12) if the individual is a speech-language pathologist, 
  9.32  failed to disclose to the consumer any fee splitting or any 
  9.33  promise to pay a portion of a fee to any other professional 
  9.34  other than a fee for services rendered by the other professional 
  9.35  to the client; 
  9.36     (13) if the individual is an audiologist who dispenses 
 10.1   hearing instruments, split fees or promised to pay a portion of 
 10.2   a fee to any other professional, other than a fee for services 
 10.3   rendered by the other professional to the client; 
 10.4      (14) engaged in abusive or fraudulent billing practices, 
 10.5   including violations of federal Medicare and Medicaid laws, Food 
 10.6   and Drug Administration regulations, or state medical assistance 
 10.7   laws; 
 10.8      (14) (15) obtained money, property, or services from a 
 10.9   consumer through the use of undue influence, high pressure sales 
 10.10  tactics, harassment, duress, deception, or fraud; 
 10.11     (15) (16) performed services for a client who had no 
 10.12  possibility of benefiting from the services; 
 10.13     (16) (17) failed to refer a client for medical evaluation 
 10.14  or to other health care professionals when appropriate or when a 
 10.15  client indicated symptoms associated with diseases that could be 
 10.16  medically or surgically treated; or 
 10.17     (17) if the individual is a dispenser of hearing 
 10.18  instruments as defined by section 153A.13, subdivision 5, had 
 10.19  the certification required by chapter 153A, denied, suspended, 
 10.20  or revoked according to chapter 153A 
 10.21     (18) used the term doctor of audiology, doctor of 
 10.22  speech-language pathology, AuD, or SLPD without having obtained 
 10.23  the degree from an institution accredited by the North Central 
 10.24  Association of Colleges and Secondary Schools or the American 
 10.25  Speech-Language-Hearing Association. 
 10.26     Sec. 11.  Minnesota Statutes 1996, section 148.5195, is 
 10.27  amended by adding a subdivision to read: 
 10.28     Subd. 3a.  [ADDITIONAL GROUNDS FOR DISCIPLINARY ACTION; 
 10.29  AUDIOLOGISTS WHO DISPENSE HEARING INSTRUMENTS.] In addition to 
 10.30  the grounds for disciplinary action in subdivision 3, the 
 10.31  commissioner may take any of the disciplinary actions listed in 
 10.32  subdivision 4a against an audiologist who dispenses hearing 
 10.33  instruments on proof that the audiologist has: 
 10.34     (1) failed to apply to the commissioner for registration or 
 10.35  supplied false or misleading information on the application for 
 10.36  registration; 
 11.1      (2) prescribed or otherwise recommended to a consumer or 
 11.2   potential consumer the use of a hearing instrument without 
 11.3   basing the prescription or recommendation on an audiogram that 
 11.4   is delivered to the consumer or potential consumer when the 
 11.5   prescription or recommendation is made and that bears the 
 11.6   following information in all capital letters of 12-point or 
 11.7   larger boldface type:  "THIS PRESCRIPTION OR RECOMMENDATION MAY 
 11.8   BE FILLED BY, AND HEARING INSTRUMENTS MAY BE PURCHASED FROM, THE 
 11.9   CERTIFIED DISPENSER OF YOUR CHOICE"; 
 11.10     (3) failed to give a copy of the audiogram upon which the 
 11.11  prescription or recommendation is based to the consumer when 
 11.12  there has been a charge for the audiogram and the consumer 
 11.13  requests a copy; 
 11.14     (4) failed to provide the consumer rights brochure required 
 11.15  by section 153A.14, subdivision 9; 
 11.16     (5) provided the commissioner with false or misleading 
 11.17  statements of the audiologist's credentials, training, or 
 11.18  experience; 
 11.19     (6) failed to comply with restrictions on sales of hearing 
 11.20  aids in section 153A.14, subdivision 9, or 153A.19; 
 11.21     (7) dispensed hearing instruments in an incompetent or 
 11.22  negligent manner; 
 11.23     (8) failed to comply with the requirements of this chapter 
 11.24  as a supervisor or supervisee; 
 11.25     (9) failed to provide information in a timely manner in 
 11.26  response to a request by the hearing instrument dispenser 
 11.27  advisory council; 
 11.28     (10) been convicted within the past five years of violating 
 11.29  any laws of the United States or any state or territory of the 
 11.30  United States if the violation is a felony, gross misdemeanor, 
 11.31  or misdemeanor, an essential element of which relates to hearing 
 11.32  instrument dispensing, except as provided in chapter 364; 
 11.33     (11) failed to cooperate in good faith with the 
 11.34  commissioner, the commissioner's designee, the advisory council, 
 11.35  or the hearing instrument dispenser advisory council in any 
 11.36  investigation; 
 12.1      (12) failed to dispense hearing instruments with reasonable 
 12.2   judgment, skill, or safety due to the use of alcohol or drugs or 
 12.3   other physical or mental impairment; 
 12.4      (13) failed to fully disclose actions taken against the 
 12.5   applicant or audiologist or the applicant's or audiologist's 
 12.6   legal authorization to dispense hearing instruments in this or 
 12.7   another state; 
 12.8      (14) violated a state or federal court order or judgment, 
 12.9   including a conciliation court judgment, relating to the 
 12.10  applicant's or audiologist's activities in hearing instrument 
 12.11  dispensing; 
 12.12     (15) misrepresented the purpose of hearing tests or in any 
 12.13  way communicated that the hearing test or hearing test protocol 
 12.14  required by section 153A.14, subdivision 4b, is a medical 
 12.15  evaluation, is a diagnostic hearing evaluation conducted by an 
 12.16  audiologist, or is other than a test to select a hearing 
 12.17  instrument, except that the audiologist may determine the need 
 12.18  for or recommend that the consumer obtain a medical evaluation 
 12.19  consistent with requirements of the United States Food and Drug 
 12.20  Administration; or 
 12.21     (16) aided or abetted another person in violating any of 
 12.22  the provisions of sections 153A.13 to 153A.19. 
 12.23     Sec. 12.  Minnesota Statutes 1996, section 148.5195, is 
 12.24  amended by adding a subdivision to read: 
 12.25     Subd. 4a.  [ENFORCEMENT ACTIONS; AUDIOLOGISTS WHO DISPENSE 
 12.26  HEARING INSTRUMENTS.] When the commissioner finds that an 
 12.27  audiologist who dispenses hearing instruments has violated one 
 12.28  or more provisions of subdivision 3; or 3a, clause (10), (11), 
 12.29  (14), or (15); the commissioner may do one or more of the 
 12.30  following: 
 12.31     (1) reject the audiologist's application for registration; 
 12.32     (2) revoke the registration; 
 12.33     (3) suspend the registration; 
 12.34     (4) impose, for each violation, a civil penalty that 
 12.35  deprives the audiologist of any economic advantage gained by the 
 12.36  violation and that reimburses the department of health for costs 
 13.1   of the investigation and proceeding resulting in disciplinary 
 13.2   action, including the amount paid for services of the office of 
 13.3   administrative hearings, the amount paid for services of the 
 13.4   office of the attorney general, attorney fees, court reporters, 
 13.5   witnesses, reproduction of records, advisory council members' 
 13.6   per diem compensation, department staff time, and expenses 
 13.7   incurred by advisory council members and department staff; 
 13.8      (5) censure or reprimand the audiologist; 
 13.9      (6) revoke or suspend the right to direct or evaluate 
 13.10  supervisees; 
 13.11     (7) revoke or suspend the right to be a supervisee; 
 13.12     (8) impose a civil penalty not to exceed $10,000 for each 
 13.13  separate violation; or 
 13.14     (9) take any other action reasonably justified by the 
 13.15  individual case. 
 13.16     Sec. 13.  Minnesota Statutes 1996, section 148.5195, is 
 13.17  amended by adding a subdivision to read: 
 13.18     Subd. 7.  [PENALTY; AUDIOLOGISTS WHO DISPENSE HEARING 
 13.19  INSTRUMENTS.] An audiologist who dispenses hearing instruments 
 13.20  and violates any provision of sections 148.511 to 148.5198 is 
 13.21  guilty of a misdemeanor. 
 13.22     Sec. 14.  [148.5197] [EXEMPTION FROM CERTIFICATION 
 13.23  REQUIREMENTS OF DISPENSERS OF HEARING INSTRUMENTS.] 
 13.24     Subdivision 1.  [EXEMPTION.] Except as otherwise provided 
 13.25  in sections 148.511 to 148.5198, an audiologist registered under 
 13.26  sections 148.511 to 148.5198 is exempt from sections 153A.14, 
 13.27  subdivisions 1 to 8, 10, and 11; 153A.15, subdivisions 1 and 2; 
 13.28  and 153A.17.  An audiologist may select, fit, and dispense 
 13.29  assistive listening devices, alerting and amplification devices, 
 13.30  and systems for personal and public use, including hearing aids 
 13.31  and devices, and may provide training in their use without a 
 13.32  certificate to dispense hearing instruments. 
 13.33     Subd. 2.  [PROVISIONS STILL APPLICABLE.] An audiologist who 
 13.34  dispenses hearing instruments is subject to sections 153A.14, 
 13.35  subdivision 9; 153A.15, subdivisions 3 and 3a; 153A.19; and 
 13.36  153A.20. 
 14.1      Sec. 15.  [148.5198] [HEARING AIDS; RESTRICTIONS ON SALES.] 
 14.2      An audiologist who sells hearing aids is subject to section 
 14.3   153A.19 relating to restrictions on the sale of hearing aids. 
 14.4      Sec. 16.  Minnesota Statutes 1996, section 148B.66, 
 14.5   subdivision 2, is amended to read: 
 14.6      Subd. 2.  [CLASSIFICATION OF DATA.] The commissioner shall 
 14.7   maintain any records, other than client records, obtained as 
 14.8   part of an investigation, as investigative data under section 
 14.9   13.41.  Client records are classified as private under chapter 
 14.10  13 and must be protected as such in the records of the office 
 14.11  and in any administrative or judicial proceeding unless the 
 14.12  client authorizes the office in writing to make public the 
 14.13  identity of the client or a portion or all of the client's 
 14.14  records.  The most recent business addresses and business 
 14.15  telephone numbers of unlicensed mental health practitioners 
 14.16  involved in pending investigations, enforcement actions, and 
 14.17  final actions, including stipulation and consent orders, are 
 14.18  public data under section 13.41. 
 14.19     Sec. 17.  Minnesota Statutes 1996, section 148B.66, 
 14.20  subdivision 3, is amended to read: 
 14.21     Subd. 3.  [EXCHANGING INFORMATION.] (a) The office of 
 14.22  mental health practice shall establish internal operating 
 14.23  procedures for: 
 14.24     (1) exchanging information with state boards; agencies, 
 14.25  including the office of ombudsman for mental health and mental 
 14.26  retardation; health related and law enforcement facilities; 
 14.27  departments responsible for licensing health related 
 14.28  occupations, facilities, and programs; and law enforcement 
 14.29  personnel in this and other states; and 
 14.30     (2) coordinating investigations involving matters within 
 14.31  the jurisdiction of more than one regulatory agency.  
 14.32     Establishment of the internal operating procedures is not 
 14.33  subject to rulemaking under chapter 14 because these procedures 
 14.34  are excluded from the definition of a rule under section 14.03, 
 14.35  subdivision 3, clause (1).  
 14.36     (b) The procedures for exchanging information must provide 
 15.1   for the forwarding to the entities described in paragraph (a), 
 15.2   clause (1), of information and evidence, including the results 
 15.3   of investigations, that are relevant to matters within the 
 15.4   regulatory jurisdiction of the organizations in paragraph (a).  
 15.5   The data have the same classification in the hands of the agency 
 15.6   receiving the data as they have in the hands of the agency 
 15.7   providing the data.  
 15.8      (c) The office of mental health practice shall establish 
 15.9   procedures for exchanging information with other states 
 15.10  regarding disciplinary action against licensed and unlicensed 
 15.11  mental health practitioners.  
 15.12     (d) The office of mental health practice shall forward to 
 15.13  another governmental agency any complaints received by the 
 15.14  office that do not relate to the office's jurisdiction but that 
 15.15  relate to matters within the jurisdiction of the other 
 15.16  governmental agency.  The agency to which a complaint is 
 15.17  forwarded shall advise the office of mental health practice of 
 15.18  the disposition of the complaint.  A complaint or other 
 15.19  information received by another governmental agency relating to 
 15.20  a statute or rule that the office of mental health practice is 
 15.21  empowered to enforce must be forwarded to the office to be 
 15.22  processed in accordance with this section. 
 15.23     (e) The office of mental health practice shall furnish to a 
 15.24  person who made a complaint a description of the actions of the 
 15.25  office relating to the complaint.  
 15.26     Sec. 18.  Minnesota Statutes 1996, section 148B.69, 
 15.27  subdivision 2, is amended to read: 
 15.28     Subd. 2.  [DISCOVERY; SUBPOENAS.] In all matters relating 
 15.29  to the lawful activities of the office of mental health 
 15.30  practice, the commissioner of health may issue subpoenas and 
 15.31  compel the attendance of witnesses and the production of all 
 15.32  necessary papers, books, records, documents, and other 
 15.33  evidentiary material.  Any person failing or refusing to appear 
 15.34  or testify regarding any matter about which the person may be 
 15.35  lawfully questioned or failing to produce any papers, books, 
 15.36  records, documents, or other evidentiary materials in the matter 
 16.1   to be heard, after having been required by order of the 
 16.2   commissioner or by a subpoena of the commissioner to do so may, 
 16.3   upon application to the district court in any district, be 
 16.4   ordered to comply with the order or subpoena.  The commissioner 
 16.5   of health may administer oaths to witnesses or take their 
 16.6   affirmation.  Depositions may be taken within or without the 
 16.7   state in the manner provided by law for the taking of 
 16.8   depositions in civil actions.  A subpoena or other process or 
 16.9   paper may be served upon a person it names anywhere within the 
 16.10  state by any officer authorized to serve subpoenas or other 
 16.11  process or paper in civil actions, in the same manner as 
 16.12  prescribed by law for service of process issued out of the 
 16.13  district court of this state.  The commissioner may, acting 
 16.14  through a person to whom the commissioner has delegated this 
 16.15  authority, review and/or copy arrest and investigative 
 16.16  information from the bureau of criminal apprehension, a county 
 16.17  attorney, a county sheriff, a county agency, a local chief of 
 16.18  police, other states, the courts, or a national criminal record 
 16.19  repository. 
 16.20     Sec. 19.  Minnesota Statutes 1996, section 148B.69, is 
 16.21  amended by adding a subdivision to read:  
 16.22     Subd. 2a.  [HEARINGS.] If the commissioner proposes to take 
 16.23  action against the practitioner as described in subdivision 1, 
 16.24  the commissioner must first notify the person against whom the 
 16.25  action is proposed to be taken and provide the person with an 
 16.26  opportunity to request a hearing under the contested case 
 16.27  provisions of chapter 14.  If the person does not request a 
 16.28  hearing by notifying the commissioner within 30 days after 
 16.29  service of the notice of the proposed action, the commissioner 
 16.30  may proceed with the action without a hearing. 
 16.31     Sec. 20.  Minnesota Statutes 1996, section 148B.70, 
 16.32  subdivision 3, is amended to read: 
 16.33     Subd. 3.  [ADDITIONAL POWERS.] The issuance of a cease and 
 16.34  desist order or injunctive relief granted under this section 
 16.35  does not relieve a practitioner from criminal prosecution by a 
 16.36  competent authority or from disciplinary action by the 
 17.1   commissioner.  Any violation of any order of the commissioner is 
 17.2   a gross misdemeanor. 
 17.3      Sec. 21.  Minnesota Statutes 1996, section 148C.03, 
 17.4   subdivision 1, is amended to read: 
 17.5      Subdivision 1.  [GENERAL.] The commissioner shall, after 
 17.6   consultation with the advisory council or, a subcommittee, the 
 17.7   education committee, or the special licensing criteria committee 
 17.8   established under section 148C.11, subdivision 3, paragraph (b): 
 17.9      (a) adopt and enforce rules for licensure of alcohol and 
 17.10  drug counselors, including establishing standards and methods of 
 17.11  determining whether applicants and licensees are qualified under 
 17.12  section 148C.04.  The rules must provide for examinations and 
 17.13  establish standards for the regulation of professional conduct.  
 17.14  The rules must be designed to protect the public; 
 17.15     (b) hold or contract for the administration of examinations 
 17.16  develop and, at least twice a year, administer an examination to 
 17.17  assess applicants' knowledge and skills.  The commissioner may 
 17.18  contract for the administration of an examination approved by 
 17.19  the International Certification Reciprocity Consortium/Alcohol 
 17.20  and Other Drug Abuse (ICRC/AODA).  The examinations must be 
 17.21  written and oral and may be administered by the commissioner or 
 17.22  by a private organization under contract with the commissioner 
 17.23  to administer the licensing examinations.  Examinations, must 
 17.24  minimize cultural bias, and must be balanced in various theories 
 17.25  relative to the practice of alcohol and drug counseling; 
 17.26     (c) issue licenses to individuals qualified under sections 
 17.27  148C.01 to 148C.11; 
 17.28     (d) issue copies of the rules for licensure to all 
 17.29  applicants; 
 17.30     (e) adopt rules to establish and implement procedures, 
 17.31  including a standard disciplinary process and rules of 
 17.32  professional conduct; 
 17.33     (f) carry out disciplinary actions against licensees; 
 17.34     (g) establish, with the advice and recommendations of the 
 17.35  advisory council, written internal operating procedures for 
 17.36  receiving and investigating complaints and for taking 
 18.1   disciplinary actions as appropriate.  Establishment of the 
 18.2   internal operating procedures are is not subject to rulemaking 
 18.3   procedures under chapter 14 because the procedures are excluded 
 18.4   from the definition of a rule under section 14.03, subdivision 
 18.5   3, clause (1); 
 18.6      (h) educate the public about the existence and content of 
 18.7   the rules for alcohol and drug counselor licensing to enable 
 18.8   consumers to file complaints against licensees who may have 
 18.9   violated the rules; 
 18.10     (i) evaluate the rules in order to refine and improve the 
 18.11  methods used to enforce the commissioner's standards; 
 18.12     (j) set, collect, and adjust license fees for alcohol and 
 18.13  drug counselors so that the total fees collected will as closely 
 18.14  as possible equal anticipated expenditures during the biennium, 
 18.15  as provided in section 16A.1285; fees for initial and renewal 
 18.16  application and examinations; late fees for counselors who 
 18.17  submit license renewal applications after the renewal deadline; 
 18.18  and a surcharge fee.  The surcharge fee must include an amount 
 18.19  necessary to recover, over a five-year period, the 
 18.20  commissioner's direct expenditures for the adoption of the rules 
 18.21  providing for the licensure of alcohol and drug counselors.  All 
 18.22  fees received shall be deposited in the state treasury and 
 18.23  credited to the special revenue fund; and 
 18.24     (k) prepare reports on activities related to the licensure 
 18.25  of alcohol and drug counselors according to this subdivision by 
 18.26  October 1 of each even-numbered year.  Copies of the reports 
 18.27  shall be delivered to the legislature in accordance with section 
 18.28  3.195 and to the governor.  The reports shall contain the 
 18.29  following information on the commissioner's activities relating 
 18.30  to the licensure of alcohol and drug counselors, for the 
 18.31  two-year period ending the previous June 30: 
 18.32     (1) a general statement of the activities; 
 18.33     (2) the number of staff hours spent on the activities; 
 18.34     (3) the receipts and disbursements of funds; 
 18.35     (4) the names of advisory council members and their 
 18.36  addresses, occupations, and dates of appointment and 
 19.1   reappointment; 
 19.2      (5) the names and job classifications of employees; 
 19.3      (6) a brief summary of rules proposed or adopted during the 
 19.4   reporting period with appropriate citations to the State 
 19.5   Register and published rules; 
 19.6      (7) the number of persons having each type of license 
 19.7   issued by the commissioner as of June 30 in the year of the 
 19.8   report; 
 19.9      (8) the locations and dates of the administration of 
 19.10  examinations by the commissioner; 
 19.11     (9) the number of persons examined by the commissioner with 
 19.12  the persons subdivided into groups showing age categories, sex, 
 19.13  and states of residency; 
 19.14     (10) the number of persons licensed by the commissioner 
 19.15  after taking the examinations referred to in clause (8) with the 
 19.16  persons subdivided by age categories, sex, and states of 
 19.17  residency; 
 19.18     (11) the number of persons not licensed by the commissioner 
 19.19  after taking the examinations referred to in clause (8) with the 
 19.20  persons subdivided by age categories, sex, and states of 
 19.21  residency; 
 19.22     (12) the number of persons not taking the examinations 
 19.23  referred to in clause (8) who were licensed by the commissioner 
 19.24  or who were denied licensing, the reasons for the licensing or 
 19.25  denial, and the persons subdivided by age categories, sex, and 
 19.26  states of residency; 
 19.27     (13) the number of persons previously licensed by the 
 19.28  commissioner whose licenses were revoked, suspended, or 
 19.29  otherwise altered in status with brief statements of the reasons 
 19.30  for the revocation, suspension, or alteration; 
 19.31     (14) the number of written and oral complaints and other 
 19.32  communications received by the commissioner which allege or 
 19.33  imply a violation of a statute or rule which the commissioner is 
 19.34  empowered to enforce; 
 19.35     (15) a summary, by specific category, of the substance of 
 19.36  the complaints and communications referred to in clause (14) 
 20.1   and, for each specific category, the responses or dispositions; 
 20.2   and 
 20.3      (16) any other objective information which the commissioner 
 20.4   believes will be useful in reviewing the commissioner's 
 20.5   activities. 
 20.6      Sec. 22.  Minnesota Statutes 1996, section 148C.04, 
 20.7   subdivision 3, is amended to read: 
 20.8      Subd. 3.  [LICENSING REQUIREMENTS FOR THE FIRST FIVE 
 20.9   YEARS.] For five years after the effective date of the rules 
 20.10  authorized in section 148C.03, the applicant, unless qualified 
 20.11  under section 148C.06 during the two-year period authorized 
 20.12  therein, under section 148C.07, or under subdivision 4, must 
 20.13  furnish evidence satisfactory to the commissioner that the 
 20.14  applicant has met all the requirements in clauses (1) to (3).  
 20.15  The applicant must have: 
 20.16     (1) received an associate degree, or an equivalent number 
 20.17  of credit hours, and a certificate in alcohol and drug 
 20.18  counseling including 270 clock hours of alcohol and drug 
 20.19  counseling classroom education from an accredited school or 
 20.20  educational program and 880 clock hours of alcohol and drug 
 20.21  counseling practicum; 
 20.22     (2) completed a written case presentation and 
 20.23  satisfactorily passed an oral examination that demonstrates 
 20.24  competence in the core functions; and 
 20.25     (3) satisfactorily passed a written examination as 
 20.26  established by the commissioner.  
 20.27     Sec. 23.  Minnesota Statutes 1996, section 148C.04, 
 20.28  subdivision 4, is amended to read: 
 20.29     Subd. 4.  [LICENSING REQUIREMENTS AFTER FIVE YEARS.] 
 20.30  Beginning five years after the effective date of the rules 
 20.31  authorized in section 148C.03, subdivision 1, an applicant for 
 20.32  licensure must submit evidence to the commissioner that the 
 20.33  applicant has met one of the following requirements: 
 20.34     (1) the applicant must have: 
 20.35     (i) received a bachelor's degree from an accredited school 
 20.36  or educational program, including 480 clock hours of alcohol and 
 21.1   drug counseling classroom education and 45 clock hours of 
 21.2   classroom education in Native American studies from an 
 21.3   accredited school or educational program and 880 clock hours of 
 21.4   alcohol and drug counseling practicum; 
 21.5      (ii) completed a written case presentation and 
 21.6   satisfactorily passed an oral examination that demonstrates 
 21.7   competence in the core functions; and 
 21.8      (iii) satisfactorily passed a written examination as 
 21.9   established by the commissioner; or 
 21.10     (2) the applicant must meet the requirements of section 
 21.11  148C.07.  
 21.12     Sec. 24.  Minnesota Statutes 1996, section 148C.05, 
 21.13  subdivision 2, is amended to read: 
 21.14     Subd. 2.  [CONTINUING EDUCATION.] At the time of renewal, 
 21.15  if required, each licensee shall furnish evidence satisfactory 
 21.16  to the commissioner that the licensee has completed at least the 
 21.17  equivalent of 40 clock hours of continuing professional 
 21.18  postdegree education during the past two years, in programs 
 21.19  approved by the commissioner, after consultation with the 
 21.20  education committee, and that the licensee continues to be 
 21.21  qualified to practice under sections 148C.01 to 
 21.22  148C.11.  Continuing education includes obtaining training in 
 21.23  cultural studies according to requirements established by rule. 
 21.24     Sec. 25.  Minnesota Statutes 1996, section 148C.06, is 
 21.25  amended to read: 
 21.26     148C.06 [TRANSITION PERIOD.] 
 21.27     For two years from the effective date of the rules 
 21.28  authorized in section 148C.03, subdivision 1, the commissioner 
 21.29  shall issue a license to an applicant if the applicant meets one 
 21.30  of the following qualifications:  
 21.31     (a) is credentialed as a certified chemical dependency 
 21.32  counselor (CCDC) or certified chemical dependency counselor 
 21.33  reciprocal (CCDCR) by the Institute for Chemical Dependency 
 21.34  Professionals of Minnesota, Inc.; 
 21.35     (b) has 6,000 hours of supervised alcohol and drug 
 21.36  counselor experience as defined by the core functions, 270 clock 
 22.1   hours of alcohol and drug counselor training with a minimum of 
 22.2   60 hours of this training occurring within the past five years, 
 22.3   300 hours of alcohol and drug counselor internship, and has 
 22.4   successfully completed the examination requirements in section 
 22.5   148C.04, subdivision 3, paragraph (a), clauses (2) and (3); 
 22.6      (c) has 10,000 hours of supervised alcohol and drug 
 22.7   counselor experience as defined by the core functions, 270 clock 
 22.8   hours of alcohol and drug training with a minimum of 60 hours of 
 22.9   this training occurring within the past five years, and has 
 22.10  successfully completed the requirements in section 148C.04, 
 22.11  subdivision 3, paragraph (a), clause (2) or (3), or is 
 22.12  credentialed as a certified chemical dependency practitioner 
 22.13  (CCDP) by the Institute for Chemical Dependency Professionals of 
 22.14  Minnesota, Inc.; 
 22.15     (d) has 14,000 hours of supervised alcohol and drug 
 22.16  counselor experience as defined by the core functions and 270 
 22.17  clock hours of alcohol and drug training with a minimum of 60 
 22.18  hours of this training occurring within the past five years; or 
 22.19     (e) has met the special licensing criteria established 
 22.20  pursuant to section 148C.11.  
 22.21     Sec. 26.  Minnesota Statutes 1996, section 148C.11, 
 22.22  subdivision 3, is amended to read: 
 22.23     Subd. 3.  [FEDERALLY RECOGNIZED TRIBES; ETHNIC MINORITIES.] 
 22.24  (a) Alcohol and drug counselors licensed to practice alcohol and 
 22.25  drug counseling according to standards established by federally 
 22.26  recognized tribes, while practicing under tribal jurisdiction, 
 22.27  are exempt from the requirements of this chapter.  In practicing 
 22.28  alcohol and drug counseling under tribal jurisdiction, 
 22.29  individuals licensed under that authority shall be afforded the 
 22.30  same rights, responsibilities, and recognition as persons 
 22.31  licensed pursuant to this chapter. 
 22.32     (b) The commissioner shall develop special licensing 
 22.33  criteria for issuance of a license to alcohol and drug 
 22.34  counselors who:  (1) are members of ethnic minority 
 22.35  groups practice alcohol and drug counseling with a member of an 
 22.36  ethnic minority population or with a person with a disability as 
 23.1   defined by rule; or (2) are employed by private, nonprofit 
 23.2   agencies, including agencies operated by private, nonprofit 
 23.3   hospitals, whose primary agency service focus addresses ethnic 
 23.4   minority populations or persons with a disability as defined by 
 23.5   rule.  These licensing criteria may differ from the licensing 
 23.6   criteria specified in section 148C.04.  To develop, implement, 
 23.7   and evaluate the effect of these criteria, the commissioner 
 23.8   shall establish a committee comprised of, but not limited to, 
 23.9   representatives from the council on hearing impaired, the 
 23.10  council on affairs of Spanish-speaking people Minnesota 
 23.11  commission serving deaf and hard of hearing people, the council 
 23.12  on affairs of Chicano/Latino people, the council on 
 23.13  Asian-Pacific Minnesotans, the council on Black Minnesotans, the 
 23.14  council on disability, and the Indian affairs council. 
 23.15     Sec. 27.  Minnesota Statutes 1996, section 153A.13, 
 23.16  subdivision 5, is amended to read: 
 23.17     Subd. 5.  [DISPENSER OF HEARING INSTRUMENTS.] "Dispenser of 
 23.18  hearing instruments" means a natural person who engages in 
 23.19  hearing instrument dispensing whether or not certified by the 
 23.20  commissioner of health or licensed by an existing health-related 
 23.21  board, except that any a person described as follows is not a 
 23.22  dispenser of hearing instruments:  
 23.23     (1) a student participating in supervised field work that 
 23.24  is necessary to meet requirements of an accredited educational 
 23.25  program if the student is designated by a title which clearly 
 23.26  indicates the student's status as a student trainee; or 
 23.27     (2) a person who helps a dispenser of hearing instruments 
 23.28  in an administrative or clerical manner and does not engage in 
 23.29  hearing instrument dispensing is not a dispenser of hearing 
 23.30  instruments.  
 23.31     A person who offers to dispense a hearing instrument, or a 
 23.32  person who advertises, holds out to the public, or otherwise 
 23.33  represents that the person is authorized to dispense hearing 
 23.34  instruments must be certified by the commissioner. 
 23.35     Sec. 28.  Minnesota Statutes 1996, section 153A.14, 
 23.36  subdivision 2b, is amended to read: 
 24.1      Subd. 2b.  [ACTION ON APPLICATIONS FOR CERTIFICATION.] The 
 24.2   commissioner shall act on an application applications for 
 24.3   certification, and applications for renewal of certification, 
 24.4   according to paragraphs (a) to (c). 
 24.5      (a) The commissioner shall determine if the applicant meets 
 24.6   the requirements for certification.  The commissioner or 
 24.7   advisory council may investigate information provided by an 
 24.8   applicant to determine whether the information is accurate and 
 24.9   complete. 
 24.10     (b) The commissioner shall notify each applicant of action 
 24.11  taken on the application and of the grounds for denying 
 24.12  certification if certification is denied. 
 24.13     (c) Applicants denied certification for failure to meet the 
 24.14  requirements may make a written request to the commissioner 
 24.15  within 30 days of the commissioner's determination to appear 
 24.16  before the advisory council and for the advisory council to 
 24.17  review the commissioner's decision to deny the applicant's 
 24.18  certification.  After reviewing the denial, the advisory council 
 24.19  shall make a recommendation to the commissioner as to whether 
 24.20  the denial should be affirmed.  The commissioner shall comply 
 24.21  with contested case procedures in chapter 14 when suspending, 
 24.22  revoking, or refusing to issue or renew a certificate under this 
 24.23  section. 
 24.24     Sec. 29.  Minnesota Statutes 1996, section 153A.14, 
 24.25  subdivision 2d, is amended to read: 
 24.26     Subd. 2d.  [CERTIFICATION RENEWAL NOTICE.] Certification 
 24.27  must be renewed annually.  At least 30 days before the deadline 
 24.28  for application to renew certification, The commissioner shall 
 24.29  mail a renewal notice to the dispenser's last known address by 
 24.30  September 1 of each year.  The notice must include a renewal 
 24.31  application and notice of fees required for renewal.  A 
 24.32  dispenser is not relieved from meeting the applicable deadline 
 24.33  for renewal deadline on the basis that the dispenser did not 
 24.34  receive the renewal notice.  In renewing a certificate, a 
 24.35  dispenser shall follow the procedures for applying for a 
 24.36  certificate specified in subdivision 1. 
 25.1      Sec. 30.  Minnesota Statutes 1996, section 153A.14, 
 25.2   subdivision 2f, is amended to read: 
 25.3      Subd. 2f.  [LATE RENEWALS.] The deadline for application to 
 25.4   renew certification is October 1 of each year.  An 
 25.5   application submitted after October 1 and before November 1 for 
 25.6   certification renewal must be received by the department of 
 25.7   health or postmarked by October 1.  An application not received 
 25.8   or postmarked by October 1 shall be a late renewal and must be 
 25.9   accompanied by a late fee as required in section 153A.17.  If 
 25.10  the postmark is illegible, the application shall be considered 
 25.11  timely if received by October 7.  
 25.12     Sec. 31.  Minnesota Statutes 1996, section 153A.14, 
 25.13  subdivision 2h, is amended to read: 
 25.14     Subd. 2h.  [CERTIFICATION BY EXAMINATION.] An applicant 
 25.15  must achieve a passing score, as determined by the commissioner, 
 25.16  on an examination according to paragraphs (a) and (b) to (c). 
 25.17     (a) The examination must include, but is not limited to: 
 25.18     (1) A written examination approved by the commissioner 
 25.19  covering the following areas as they pertain to hearing 
 25.20  instrument selling: 
 25.21     (i) basic physics of sound; 
 25.22     (ii) the anatomy and physiology of the ear; 
 25.23     (iii) the function of hearing instruments; 
 25.24     (iv) the principles of hearing instrument selection; and 
 25.25     (v) state and federal laws, rules, and regulations. 
 25.26     (2) Practical tests of proficiency in the following 
 25.27  techniques as they pertain to hearing instrument selling: 
 25.28     (i) pure tone audiometry, including air conduction testing 
 25.29  and bone conduction testing; 
 25.30     (ii) live voice or recorded voice speech audiometry 
 25.31  including speech recognition (discrimination) testing, most 
 25.32  comfortable loudness level, and uncomfortable loudness 
 25.33  measurements of tolerance thresholds; 
 25.34     (iii) masking when indicated; 
 25.35     (iv) recording and evaluation of audiograms and speech 
 25.36  audiometry to determine proper selection and fitting of a 
 26.1   hearing instrument; 
 26.2      (v) taking ear mold impressions; and 
 26.3      (vi) using an otoscope for the visual observation of the 
 26.4   entire ear canal. 
 26.5      (b) The examination shall be administered by the 
 26.6   commissioner at least twice a year. 
 26.7      (c) An applicant must achieve a passing score on all 
 26.8   portions of the examination within a two-year period.  An 
 26.9   applicant who does not achieve a passing score on all portions 
 26.10  of the examination within a two-year period must retake the 
 26.11  entire examination and achieve a passing score on each portion 
 26.12  of the examination.  An applicant who does not apply for 
 26.13  certification within one year of successful completion of the 
 26.14  examination, must retake the examination and achieve a passing 
 26.15  score on each portion of the examination. 
 26.16     Sec. 32.  Minnesota Statutes 1996, section 153A.14, 
 26.17  subdivision 9, is amended to read: 
 26.18     Subd. 9.  [CONSUMER RIGHTS INFORMATION.] A hearing 
 26.19  instrument dispenser shall, at the time of the recommendation or 
 26.20  prescription, give a consumer rights brochure, prepared by the 
 26.21  commissioner and containing information about legal requirements 
 26.22  pertaining to sales of hearing instruments, to each potential 
 26.23  buyer of a hearing instrument.  A sales contract for a hearing 
 26.24  instrument must note the receipt of the brochure by the buyer, 
 26.25  along with the buyer's signature or initials. 
 26.26     Sec. 33.  Minnesota Statutes 1996, section 153A.14, 
 26.27  subdivision 10, is amended to read: 
 26.28     Subd. 10.  [LIABILITY FOR CONTRACTS.] Owners of entities in 
 26.29  the business of dispensing hearing instruments, employers of 
 26.30  persons who dispense hearing instruments, and supervisors of 
 26.31  trainees, and hearing instrument dispensers conducting the sales 
 26.32  transaction at issue are liable for satisfying all terms of 
 26.33  contracts, written or oral, made by their agents, employees, 
 26.34  assignees, affiliates, or trainees, including terms relating to 
 26.35  products, repairs, warranties, service, and refunds.  The 
 26.36  commissioner may enforce the terms of hearing instrument sales 
 27.1   contracts against the principal, employer, or supervisor of an 
 27.2   agent, employee, or trainee, or dispenser who conducted the sale 
 27.3   and may impose any remedy provided for in this chapter. 
 27.4      Sec. 34.  Minnesota Statutes 1996, section 153A.15, 
 27.5   subdivision 1, is amended to read: 
 27.6      Subdivision 1.  [PROHIBITED ACTS.] The commissioner may 
 27.7   reject an application for a certificate or may act under 
 27.8   subdivision 2 against a dispenser of hearing instruments for 
 27.9   failure to comply with this chapter.  Failure to apply to the 
 27.10  commissioner for a certificate, or supplying false or misleading 
 27.11  information on the application for a certificate, is a ground 
 27.12  for action under subdivision 2.  The following acts and conduct 
 27.13  are also grounds for action under subdivision 2: The 
 27.14  commissioner may take enforcement action as provided under 
 27.15  subdivision 2 against a dispenser of hearing instruments for the 
 27.16  following acts and conduct: 
 27.17     (1) prescribing or otherwise recommending to a consumer or 
 27.18  potential consumer the use of a hearing instrument, unless the 
 27.19  prescription from a physician or recommendation from a hearing 
 27.20  instrument dispenser or audiologist is in writing, is based on 
 27.21  an audiogram that is delivered to the consumer or potential 
 27.22  consumer when the prescription or recommendation is made, and 
 27.23  bears the following information in all capital letters of 
 27.24  12-point or larger boldface type:  "THIS PRESCRIPTION OR 
 27.25  RECOMMENDATION MAY BE FILLED BY, AND HEARING INSTRUMENTS MAY BE 
 27.26  PURCHASED FROM, THE CERTIFIED DISPENSER OF YOUR CHOICE"; 
 27.27     (2) failing to give a copy of the audiogram, upon which the 
 27.28  prescription or recommendation is based, to the consumer when 
 27.29  there has been a charge for the audiogram and the consumer 
 27.30  requests a copy; 
 27.31     (3) failing to provide the consumer rights brochure 
 27.32  required by section 153A.14, subdivision 9; 
 27.33     (4) being disciplined through a revocation, suspension, 
 27.34  restriction, or limitation by another state for conduct subject 
 27.35  to action under this chapter; 
 27.36     (5) presenting advertising that is false or misleading; 
 28.1      (6) providing the commissioner with false or misleading 
 28.2   statements of credentials, training, or experience; 
 28.3      (7) engaging in conduct likely to deceive, defraud, or harm 
 28.4   the public; or demonstrating a willful or careless disregard for 
 28.5   the health, welfare, or safety of a consumer; 
 28.6      (8) splitting fees or promising to pay a portion of a fee 
 28.7   to any other professional other than a fee for services rendered 
 28.8   by the other professional to the client; 
 28.9      (9) engaging in abusive or fraudulent billing practices, 
 28.10  including violations of federal Medicare and Medicaid laws, Food 
 28.11  and Drug Administration regulations, or state medical assistance 
 28.12  laws; 
 28.13     (10) obtaining money, property, or services from a consumer 
 28.14  through the use of undue influence, high pressure sales tactics, 
 28.15  harassment, duress, deception, or fraud; 
 28.16     (11) failing to comply with restrictions on sales of 
 28.17  hearing aids in sections 153A.14, subdivision 9, and 153A.19; 
 28.18     (12) performing the services of a certified hearing 
 28.19  instrument dispenser in an incompetent or negligent manner; 
 28.20     (13) failing to comply with the requirements of this 
 28.21  chapter as an employer, supervisor, or trainee; 
 28.22     (14) failing to provide information in a timely manner in 
 28.23  response to a request by the commissioner, commissioner's 
 28.24  designee, or the advisory council; 
 28.25     (15) being convicted within the past five years of 
 28.26  violating any laws of the United States, or any state or 
 28.27  territory of the United States, and the violation is a felony, 
 28.28  gross misdemeanor, or misdemeanor, an essential element of which 
 28.29  relates to hearing instrument dispensing, except as provided in 
 28.30  chapter 364; 
 28.31     (16) failing to cooperate in good faith with the 
 28.32  commissioner, the commissioner's designee, or the advisory 
 28.33  council in any investigation; 
 28.34     (17) failing to perform hearing instrument dispensing with 
 28.35  reasonable judgment, skill, or safety due to the use of alcohol 
 28.36  or drugs, or other physical or mental impairment; 
 29.1      (18) failing to fully disclose actions taken against the 
 29.2   applicant or the applicant's legal authorization to dispense 
 29.3   hearing instruments in this or another state; 
 29.4      (19) violating a state or federal court order or judgment, 
 29.5   including a conciliation court judgment, relating to the 
 29.6   activities of the applicant in hearing instrument dispensing; 
 29.7      (20) having been or being disciplined by the commissioner 
 29.8   of the department of health, or other authority, in this or 
 29.9   another jurisdiction, if any of the grounds for the discipline 
 29.10  are the same or substantially equivalent to those in sections 
 29.11  153A.13 to 153A.19; 
 29.12     (21) misrepresenting the purpose of hearing tests, or in 
 29.13  any way communicating that the hearing test or hearing test 
 29.14  protocol required by section 153A.14, subdivision 4b, is a 
 29.15  medical evaluation, a diagnostic hearing evaluation conducted by 
 29.16  an audiologist, or is other than a test to select a hearing 
 29.17  instrument, except that the hearing instrument dispenser can 
 29.18  determine the need for or recommend the consumer obtain a 
 29.19  medical evaluation consistent with requirements of the United 
 29.20  States Food and Drug Administration; 
 29.21     (22) violating any of the provisions of sections 153A.13 to 
 29.22  153A.19; and 
 29.23     (23) aiding or abetting another person in violating any of 
 29.24  the provisions of sections 153A.13 to 153A.19. 
 29.25     Sec. 35.  Minnesota Statutes 1996, section 153A.15, is 
 29.26  amended by adding a subdivision to read: 
 29.27     Subd. 2a.  [HEARINGS.] If the commissioner proposes to take 
 29.28  action against the dispenser as described in subdivision 2, the 
 29.29  commissioner must first notify the person against whom the 
 29.30  action is proposed to be taken and provide the person with an 
 29.31  opportunity to request a hearing under the contested case 
 29.32  provisions of chapter 14.  If the person does not request a 
 29.33  hearing by notifying the commissioner within 30 days after 
 29.34  service of the notice of the proposed action, the commissioner 
 29.35  may proceed with the action without a hearing. 
 29.36     Sec. 36.  Minnesota Statutes 1996, section 153A.15, 
 30.1   subdivision 3, is amended to read: 
 30.2      Subd. 3.  [PROCEDURES.] The commissioner shall establish, 
 30.3   in writing, internal operating procedures for receiving and 
 30.4   investigating complaints and imposing enforcement actions.  The 
 30.5   written internal operating procedures may include procedures for 
 30.6   sharing complaint information with government agencies in this 
 30.7   and other states.  Establishment of the internal operating 
 30.8   procedures are is not subject to rulemaking procedures under 
 30.9   chapter 14 because these procedures are excluded from the 
 30.10  definition of a rule under section 14.03, subdivision 3, clause 
 30.11  (1).  Procedures for sharing complaint information must be 
 30.12  consistent with the requirements for handling government data 
 30.13  under chapter 13. 
 30.14     Sec. 37.  Minnesota Statutes 1996, section 153A.17, is 
 30.15  amended to read: 
 30.16     153A.17 [EXPENSES; FEES.] 
 30.17     The expenses for administering the certification 
 30.18  requirements including the complaint handling system for hearing 
 30.19  aid dispensers in sections 153A.14 and 153A.15 and the consumer 
 30.20  information center under section 153A.18 must be paid from 
 30.21  initial application and examination fees, renewal fees, 
 30.22  penalties, and fines.  All fees are nonrefundable.  The 
 30.23  certificate application fee is $280 $425, the examination fee is 
 30.24  $200 for the written portion and $200 for the practical portion 
 30.25  each time one or the other is taken, and the trainee application 
 30.26  fee is $100, except that the certification application fee for a 
 30.27  registered audiologist is $280 minus the audiologist 
 30.28  registration fee of $101.  In addition, both certification and 
 30.29  examination fees are subject to Notwithstanding the policy set 
 30.30  forth in section 16A.1285, subdivision 2, a surcharge of 
 30.31  $60 $250 shall be paid at the time of application or renewal in 
 30.32  each of the next five years to recover, over a five-year period, 
 30.33  the commissioner's accumulated direct expenditures for 
 30.34  administering the requirements of this chapter, but not 
 30.35  registration of hearing instrument dispensers under section 
 30.36  214.13, before November 1, 1994.  The penalty fee for late 
 31.1   submission of a renewal application is $70 $108.  All fees, 
 31.2   penalties, and fines received must be deposited in the state 
 31.3   government special revenue fund.  The commissioner may prorate 
 31.4   the certification fee for new applicants based on the number of 
 31.5   quarters remaining in the annual certification period. 
 31.6      Sec. 38.  Minnesota Statutes 1996, section 153A.18, is 
 31.7   amended to read: 
 31.8      153A.18 [CONSUMER INFORMATION CENTER.] 
 31.9      The commissioner shall establish a consumer information 
 31.10  center to assist actual and potential purchasers of hearing aids 
 31.11  by providing them with information regarding hearing instrument 
 31.12  sales.  The consumer information center shall disseminate 
 31.13  information about consumers' legal rights related to hearing 
 31.14  instrument sales, provide information relating to complaints 
 31.15  about dispensers of hearing instruments, and provide information 
 31.16  about outreach and advocacy services for consumers of hearing 
 31.17  instruments.  In establishing the center and developing the 
 31.18  information, the commissioner shall consult with representatives 
 31.19  of hearing instrument dispensers, audiologists, physicians, and 
 31.20  consumers.  The commissioner may provide information regarding 
 31.21  audiologists who dispense hearing instruments to the consumer 
 31.22  information center. 
 31.23     Sec. 39.  Minnesota Statutes 1996, section 153A.20, 
 31.24  subdivision 3, is amended to read: 
 31.25     Subd. 3.  [DUTIES.] At the commissioner's request, the 
 31.26  advisory council shall: 
 31.27     (1) advise the commissioner regarding hearing instrument 
 31.28  dispenser certification standards; 
 31.29     (2) advise the commissioner on enforcement of sections 
 31.30  153A.13 to 153A.20; 
 31.31     (3) provide for distribution of information regarding 
 31.32  hearing instrument dispenser certification standards; 
 31.33     (4) review applications and make recommendations to the 
 31.34  commissioner on granting or denying certification or 
 31.35  certification renewal; 
 31.36     (5) review reports of investigations relating to 
 32.1   individuals and make recommendations to the commissioner as to 
 32.2   whether certification should be denied or disciplinary action 
 32.3   taken against the individual; and 
 32.4      (3) review investigation summaries of competency violations 
 32.5   and make recommendations to the commissioner as to whether the 
 32.6   allegations of incompetency are substantiated; and 
 32.7      (6) (4) perform other duties authorized for advisory 
 32.8   councils by chapter 214, or as directed by the commissioner. 
 32.9      Sec. 40.  [STUDY ON THE REGULATION OF HEALTH OCCUPATIONS.] 
 32.10     Subdivision 1.  [PURPOSE.] The legislature finds that the 
 32.11  current regulatory approach of health occupations should be 
 32.12  reevaluated as to its efficiency and effectiveness and that the 
 32.13  future policy and funding of regulating health occupations 
 32.14  should be studied.  Therefore, the legislature directs the 
 32.15  commissioner of health, the legislative auditor, the licensing 
 32.16  division of the attorney general's office, and a committee of 
 32.17  representatives of the current health-related boards and 
 32.18  advisory councils to study the current regulatory system and 
 32.19  make recommendations on how to improve the system. 
 32.20     Subd. 2.  [COMMISSIONER OF HEALTH.] The commissioner of 
 32.21  health shall study the current credentialing system for health 
 32.22  occupations found in Minnesota Statutes, chapter 214, and make 
 32.23  recommendations on the developing policies and criteria for the 
 32.24  following:  (1) credentialing a health occupation; (2) changing 
 32.25  the scope of practice or elements of existing regulatory 
 32.26  systems; (3) the appropriate level or type of credentialing; and 
 32.27  (4) the administrative agency placement of a credentialing 
 32.28  activity.  The commissioner shall include recommendations for 
 32.29  funding this evaluation process.  The study shall be completed 
 32.30  by January 15, 1998.  
 32.31     Subd. 3.  [LEGISLATIVE AUDITOR.] The legislative audit 
 32.32  commission is requested to direct the legislative auditor to do 
 32.33  the following:  (1) study the regulatory effectiveness and 
 32.34  efficiency of the current health-related boards and advisory 
 32.35  councils; (2) make recommendations for uniform and ongoing 
 32.36  performance measures to evaluate the efficacy of regulatory 
 33.1   activities; (3) make recommendations on reorganizing the current 
 33.2   health boards and advisory councils in order to improve their 
 33.3   effectiveness and efficiency including, the possibility of a 
 33.4   centralized regulatory authority for violations by regulated 
 33.5   health professionals of statutes and rules relating to business 
 33.6   practices and personal conduct; (4) make recommendations on the 
 33.7   need for creating an interdisciplinary board to provide 
 33.8   oversight of all the health licensing boards; and (5) report its 
 33.9   findings and recommendations to the commissioner of health by 
 33.10  January 15, 1998.  
 33.11     Subd. 4.  [COMMITTEE OF HEALTH-RELATED BOARDS.] A 
 33.12  health-related board and advisory council committee is 
 33.13  established to study the overlapping scopes of practice among 
 33.14  regulated and unregulated health occupations and make 
 33.15  recommendations on how to resolve this issue.  The committee 
 33.16  shall also study and make recommendations on whether a 
 33.17  consistent process for investigation of misconduct by health 
 33.18  care professionals should be established for all health 
 33.19  occupations and, if recommended, how to establish and implement 
 33.20  the process.  The committee shall also make recommendations on 
 33.21  policies and methods for recovering the costs of the legal, 
 33.22  investigatory, and enforcement services conducted by the boards 
 33.23  and the attorney general's office.  The committee shall consist 
 33.24  of 12 members.  The committee must include two members appointed 
 33.25  by the commissioner of health, two members appointed by the 
 33.26  attorney general's office, one member appointed by the board of 
 33.27  medical practice, one member appointed by the board of nursing, 
 33.28  one member appointed from the health licensing board's 
 33.29  administration offices, and five members appointed by the 
 33.30  council of executive directors to represent the other 
 33.31  health-related boards and advisory councils.  The committee 
 33.32  shall report to the commissioner of health its findings and 
 33.33  recommendations by January 15, 1998.  The committee expires upon 
 33.34  submission of its report.  
 33.35     Subd. 5.  [REPORT.] The commissioner of health shall submit 
 33.36  a report on the results of the commissioner's study and 
 34.1   recommendations and the recommendations of the legislative 
 34.2   auditor, the committee of health-related boards and advisory 
 34.3   councils to the members of the senate health and family security 
 34.4   committee and the house of representatives health and human 
 34.5   services committee by February 15, 1998.  
 34.6      Sec. 41.  [INSTRUCTION TO REVISOR.] 
 34.7      The revisor of statutes shall change the phrase "sections 
 34.8   148.511 to 148.5196" wherever it appears in Minnesota Statutes 
 34.9   and Minnesota Rules to "sections 148.511 to 148.5198." 
 34.10     Sec. 42.  [REPEALER.] 
 34.11     Minnesota Statutes 1996, section 153A.14, subdivisions 2a 
 34.12  and 7, are repealed. 
 34.13     Sec. 43.  [EFFECTIVE DATE.] 
 34.14     All sections are effective the day following final 
 34.15  enactment, except sections 5 to 8 are effective November 1, 1997.