1.1                          A bill for an act 
  1.2             relating to health; modifying the Health Care 
  1.3             Administrative Simplification Act; providing for 
  1.4             regulation of unlicensed complementary and alternative 
  1.5             health care practitioners; modifying provisions for 
  1.6             speech-language pathologists, audiologists, unlicensed 
  1.7             mental health practitioners, alcohol and drug 
  1.8             counselors, and hearing instrument dispensers; 
  1.9             providing civil penalties; requiring reports; amending 
  1.10            Minnesota Statutes 1998, sections 62J.51, by adding 
  1.11            subdivisions; 62J.52, subdivisions 1, 2, and 5; 
  1.12            62J.60, subdivision 1; 148.512, subdivision 5; 
  1.13            148.515, subdivision 3; 148.517, by adding a 
  1.14            subdivision; 148.518, subdivision 2; 148.5193, 
  1.15            subdivisions 1, 2, 4, 6, and by adding a subdivision; 
  1.16            148.5196, subdivision 3; 148B.60, subdivision 3; 
  1.17            148B.68, subdivision 1; 148B.69, by adding a 
  1.18            subdivision; 148B.71, subdivision 1; 148C.01, 
  1.19            subdivisions 2, 7, 9, 10, and by adding a subdivision; 
  1.20            148C.03, subdivision 1; 148C.04, subdivision 3, and by 
  1.21            adding subdivisions; 148C.06, subdivisions 1 and 2; 
  1.22            148C.09, subdivisions 1 and 1a; 148C.10, by adding a 
  1.23            subdivision; 148C.11, subdivision 1; 153A.13, 
  1.24            subdivision 9, and by adding subdivisions; 153A.14, 
  1.25            subdivisions 1, 2a, 2h, 4, 4a, and by adding 
  1.26            subdivisions; and 153A.15, subdivision 1; Minnesota 
  1.27            Statutes 1999 Supplement, sections 13.99, by adding a 
  1.28            subdivision; 147.09; and 214.01, subdivision 2; Laws 
  1.29            1999, chapter 223, article 2, section 81, as amended; 
  1.30            proposing coding for new law in Minnesota Statutes, 
  1.31            chapter 62J; proposing coding for new law as Minnesota 
  1.32            Statutes, chapter 146A; repealing Minnesota Statutes 
  1.33            1998, sections 148.5193, subdivisions 3 and 5; and 
  1.34            148C.04, subdivision 5. 
  1.35  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.36     Section 1.  Minnesota Statutes 1999 Supplement, section 
  1.37  13.99, is amended by adding a subdivision to read: 
  1.38     Subd. 42c.  [UNLICENSED COMPLEMENTARY AND ALTERNATIVE 
  1.39  HEALTH CARE PRACTITIONERS AND CLIENTS.] Data obtained by the 
  1.40  commissioner of health on unlicensed complementary and 
  2.1   alternative health care practitioners and clients are classified 
  2.2   under sections 146A.06 and 146A.08. 
  2.3      Sec. 2.  Minnesota Statutes 1998, section 62J.51, is 
  2.4   amended by adding a subdivision to read: 
  2.5      Subd. 19a.  [UNIFORM EXPLANATION OF BENEFITS 
  2.6   DOCUMENT.] "Uniform explanation of benefits document" means the 
  2.7   document associated with and explaining the details of a group 
  2.8   purchaser's claim adjudication for services rendered, which is 
  2.9   sent to a patient. 
  2.10     Sec. 3.  Minnesota Statutes 1998, section 62J.51, is 
  2.11  amended by adding a subdivision to read: 
  2.12     Subd. 19b.  [UNIFORM REMITTANCE ADVICE REPORT.] "Uniform 
  2.13  remittance advice report" means the document associated with and 
  2.14  explaining the details of a group purchaser's claim adjudication 
  2.15  for services rendered, which is sent to a provider. 
  2.16     Sec. 4.  Minnesota Statutes 1998, section 62J.52, 
  2.17  subdivision 1, is amended to read: 
  2.18     Subdivision 1.  [UNIFORM BILLING FORM HCFA 1450.] (a) On 
  2.19  and after January 1, 1996, all institutional inpatient hospital 
  2.20  services, ancillary services, and institutionally owned or 
  2.21  operated outpatient services rendered by providers in Minnesota, 
  2.22  and institutional or noninstitutional home health services that 
  2.23  are not being billed using an equivalent electronic billing 
  2.24  format, must be billed using the uniform billing form HCFA 1450, 
  2.25  except as provided in subdivision 5. 
  2.26     (b) The instructions and definitions for the use of the 
  2.27  uniform billing form HCFA 1450 shall be in accordance with the 
  2.28  uniform billing form manual specified by the commissioner.  In 
  2.29  promulgating these instructions, the commissioner may utilize 
  2.30  the manual developed by the National Uniform Billing Committee, 
  2.31  as adopted and finalized by the Minnesota uniform billing 
  2.32  committee.  
  2.33     (c) Services to be billed using the uniform billing form 
  2.34  HCFA 1450 include:  institutional inpatient hospital services 
  2.35  and distinct units in the hospital such as psychiatric unit 
  2.36  services, physical therapy unit services, swing bed (SNF)  
  3.1   services, inpatient state psychiatric hospital services, 
  3.2   inpatient skilled nursing facility services, home health 
  3.3   services (Medicare part A), and hospice services; ancillary 
  3.4   services, where benefits are exhausted or patient has no 
  3.5   Medicare part A, from hospitals, state psychiatric hospitals, 
  3.6   skilled nursing facilities, and home health (Medicare part B); 
  3.7   and institutional owned or operated outpatient services such as 
  3.8   waivered services, hospital outpatient services, including 
  3.9   ambulatory surgical center services, hospital referred 
  3.10  laboratory services, hospital-based ambulance services, and 
  3.11  other hospital outpatient services, skilled nursing facilities, 
  3.12  home health, including infusion therapy, freestanding renal 
  3.13  dialysis centers, comprehensive outpatient rehabilitation 
  3.14  facilities (CORF), outpatient rehabilitation facilities (ORF), 
  3.15  rural health clinics, and community mental health centers,; home 
  3.16  health services such as home health intravenous therapy 
  3.17  providers, waivered services, personal care attendants, and 
  3.18  hospice; and any other health care provider certified by the 
  3.19  Medicare program to use this form. 
  3.20     (d) On and after January 1, 1996, a mother and newborn 
  3.21  child must be billed separately, and must not be combined on one 
  3.22  claim form. 
  3.23     Sec. 5.  Minnesota Statutes 1998, section 62J.52, 
  3.24  subdivision 2, is amended to read: 
  3.25     Subd. 2.  [UNIFORM BILLING FORM HCFA 1500.] (a) On and 
  3.26  after January 1, 1996, all noninstitutional health care services 
  3.27  rendered by providers in Minnesota except dental or pharmacy 
  3.28  providers, that are not currently being billed using an 
  3.29  equivalent electronic billing format, must be billed using the 
  3.30  health insurance claim form HCFA 1500, except as provided in 
  3.31  subdivision 5. 
  3.32     (b) The instructions and definitions for the use of the 
  3.33  uniform billing form HCFA 1500 shall be in accordance with the 
  3.34  manual developed by the administrative uniformity committee 
  3.35  entitled standards for the use of the HCFA 1500 form, dated 
  3.36  February 1994, as further defined by the commissioner. 
  4.1      (c) Services to be billed using the uniform billing form 
  4.2   HCFA 1500 include physician services and supplies, durable 
  4.3   medical equipment, noninstitutional ambulance services, 
  4.4   independent ancillary services including occupational therapy, 
  4.5   physical therapy, speech therapy and audiology, podiatry 
  4.6   services, optometry services, mental health licensed 
  4.7   professional services, substance abuse licensed professional 
  4.8   services, nursing practitioner professional services, certified 
  4.9   registered nurse anesthetists, chiropractors, physician 
  4.10  assistants, laboratories, medical suppliers, and other health 
  4.11  care providers such as home health intravenous therapy 
  4.12  providers, personal care attendants, day activity centers, 
  4.13  waivered services, hospice, and other home health services, and 
  4.14  freestanding ambulatory surgical centers. 
  4.15     Sec. 6.  Minnesota Statutes 1998, section 62J.52, 
  4.16  subdivision 5, is amended to read: 
  4.17     Subd. 5.  [STATE AND FEDERAL HEALTH CARE PROGRAMS.] (a) 
  4.18  Skilled nursing facilities and ICF/MR services billed to state 
  4.19  and federal health care programs administered by the department 
  4.20  of human services shall use the form designated by the 
  4.21  department of human services. 
  4.22     (b) On and after July 1, 1996, state and federal health 
  4.23  care programs administered by the department of human services 
  4.24  shall accept the HCFA 1450 for community mental health center 
  4.25  services and shall accept the HCFA 1500 for freestanding 
  4.26  ambulatory surgical center services. 
  4.27     (c) State and federal health care programs administered by 
  4.28  the department of human services shall be authorized to use the 
  4.29  forms designated by the department of human services for 
  4.30  pharmacy services and for child and teen checkup services. 
  4.31     (d) State and federal health care programs administered by 
  4.32  the department of human services shall accept the form 
  4.33  designated by the department of human services, and the HCFA 
  4.34  1500 for supplies, medical supplies, or durable medical 
  4.35  equipment.  Health care providers may choose which form to 
  4.36  submit. 
  5.1      (e) Personal care attendant and waivered services billed on 
  5.2   a fee-for-service basis directly to state and federal health 
  5.3   care programs administered by the department of human services 
  5.4   shall use either the HCFA 1450 or the HCFA 1500 form, as 
  5.5   designated by the department of human services. 
  5.6      Sec. 7.  [62J.581] [STANDARDS FOR MINNESOTA UNIFORM HEALTH 
  5.7   CARE REIMBURSEMENT DOCUMENTS.] 
  5.8      Subdivision 1.  [MINNESOTA UNIFORM REMITTANCE ADVICE 
  5.9   REPORT.] All group purchasers and payers shall provide a uniform 
  5.10  remittance advice report to health care providers when a claim 
  5.11  is adjudicated.  The uniform remittance advice report shall 
  5.12  comply with the standards prescribed in this section. 
  5.13     Subd. 2.  [MINNESOTA UNIFORM EXPLANATION OF BENEFITS 
  5.14  DOCUMENT.] All group purchasers and payers shall provide a 
  5.15  uniform explanation of benefits document to health care patients 
  5.16  when a claim is adjudicated.  The uniform explanation of 
  5.17  benefits document shall comply with the standards prescribed in 
  5.18  this section. 
  5.19     Subd. 3.  [SCOPE.] For purposes of sections 62J.50 to 
  5.20  62J.61, the uniform remittance advice report and the uniform 
  5.21  explanation of benefits document format specified in subdivision 
  5.22  4 shall apply to all health care services delivered by a health 
  5.23  care provider or health care provider organization in Minnesota, 
  5.24  regardless of the location of the payer.  Health care services 
  5.25  not paid on an individual claims basis, such as capitated 
  5.26  payments, are not included in this section.  A health plan 
  5.27  company is excluded from the requirements in subdivisions 1 and 
  5.28  2 if they comply with section 62A.01, subdivisions 2 and 3. 
  5.29     Subd. 4.  [SPECIFICATIONS.] The uniform remittance advice 
  5.30  report and the uniform explanation of benefits document shall be 
  5.31  provided by use of a paper document conforming to the 
  5.32  specifications in this section or by use of the ANSI X12N 835 
  5.33  standard electronic format as established under United States 
  5.34  Code, title 42, sections 1320d to 1320d-8, and as amended from 
  5.35  time to time for the remittance advice.  The commissioner, after 
  5.36  consulting with the administrative uniformity committee, shall 
  6.1   specify the data elements and definitions for the uniform 
  6.2   remittance advice report and the uniform explanation of benefits 
  6.3   document.  The commissioner and the administrative uniformity 
  6.4   committee must consult with the Minnesota Dental Association and 
  6.5   Delta Dental Plan of Minnesota before requiring under this 
  6.6   section the use of a paper document for the uniform explanation 
  6.7   of benefits document or the uniform remittance advice report for 
  6.8   dental care services.  
  6.9      Subd. 5.  [EFFECTIVE DATE.] The requirements in 
  6.10  subdivisions 1 and 2 are effective 12 months after the date of 
  6.11  required compliance with the standards for the electronic 
  6.12  remittance advice transaction under United States Code, title 
  6.13  42, sections 1320d to 1320d-8, and as amended from time to 
  6.14  time.  The requirements in subdivisions 1 and 2 apply regardless 
  6.15  of when the health care service was provided to the patient. 
  6.16     Sec. 8.  Minnesota Statutes 1998, section 62J.60, 
  6.17  subdivision 1, is amended to read: 
  6.18     Subdivision 1.  [MINNESOTA HEALTH CARE IDENTIFICATION 
  6.19  CARD.] All individuals with health care coverage shall be issued 
  6.20  health care identification cards by group purchasers as of 
  6.21  January 1, 1998, unless the requirements of section 62A.01, 
  6.22  subdivisions 2 and 3, are met.  The health care identification 
  6.23  cards shall comply with the standards prescribed in this section.
  6.24     Sec. 9.  [146A.01] [DEFINITIONS.] 
  6.25     Subdivision 1.  [TERMS.] As used in this chapter, the 
  6.26  following terms have the meanings given them. 
  6.27     Subd. 2.  [COMMISSIONER.] "Commissioner" means the 
  6.28  commissioner of health or the commissioner's designee. 
  6.29     Subd. 3.  [COMPLEMENTARY AND ALTERNATIVE HEALTH CARE 
  6.30  CLIENT.] "Complementary and alternative health care client" 
  6.31  means an individual who receives services from an unlicensed 
  6.32  complementary and alternative health care practitioner. 
  6.33     Subd. 4.  [COMPLEMENTARY AND ALTERNATIVE HEALTH CARE 
  6.34  PRACTICES.] (a) "Complementary and alternative health care 
  6.35  practices" means the broad domain of complementary and 
  6.36  alternative healing methods and treatments, including but not 
  7.1   limited to:  (1) acupressure; (2) anthroposophy; (3) aroma 
  7.2   therapy; (4) ayurveda; (5) cranial sacral therapy; (6) 
  7.3   culturally traditional healing practices; (7) detoxification 
  7.4   practices and therapies; (8) energetic healing; (9) polarity 
  7.5   therapy; (10) folk practices; (11) healing practices utilizing 
  7.6   food, food supplements, nutrients, and the physical forces of 
  7.7   heat, cold, water, touch, and light; (12) Gerson therapy and 
  7.8   colostrum therapy; (13) healing touch; (14) herbology or 
  7.9   herbalism; (15) homeopathy; (16) nondiagnostic iridology; (17) 
  7.10  body work, massage, and massage therapy; (18) meditation; (19) 
  7.11  mind-body healing practices; (20) naturopathy; (21) noninvasive 
  7.12  instrumentalities; and (22) traditional Oriental practices, such 
  7.13  as Qi Gong energy healing. 
  7.14     (b) Complementary and alternative health care practices do 
  7.15  not include surgery, x-ray radiation, administering or 
  7.16  dispensing legend drugs and controlled substances, practices 
  7.17  that invade the human body by puncture of the skin, setting 
  7.18  fractures, the use of medical devices as defined in section 
  7.19  147A.01, any practice included in the practice of dentistry as 
  7.20  defined in section 150A.05, subdivision 1, or the manipulation 
  7.21  or adjustment of articulations of joints or the spine as 
  7.22  described in section 146.23 or 148.01. 
  7.23     (c) Complementary and alternative health care practices do 
  7.24  not include practices that are permitted under section 147.09, 
  7.25  clause (11), or 148.271, clause (5).  
  7.26     (d) This chapter does not apply to, control, prevent, or 
  7.27  restrict the practice, service, or activity of lawfully 
  7.28  marketing or distributing food products, including dietary 
  7.29  supplements as defined in the federal Dietary Supplement Health 
  7.30  and Education Act, educating customers about such products, or 
  7.31  explaining the uses of such products.  Under Minnesota law, an 
  7.32  unlicensed complementary and alternative health care 
  7.33  practitioner may not provide a medical diagnosis or recommend 
  7.34  discontinuance of medically prescribed treatments. 
  7.35     Subd. 5.  [OFFICE OF UNLICENSED COMPLEMENTARY AND 
  7.36  ALTERNATIVE HEALTH CARE PRACTICE OR OFFICE.] "Office of 
  8.1   unlicensed complementary and alternative health care practice" 
  8.2   or "office" means the office of unlicensed complementary and 
  8.3   alternative health care practice established in section 146A.02. 
  8.4      Subd. 6.  [UNLICENSED COMPLEMENTARY AND ALTERNATIVE HEALTH 
  8.5   CARE PRACTITIONER.] (a) "Unlicensed complementary and 
  8.6   alternative health care practitioner" means a person who: 
  8.7      (1) either: 
  8.8      (i) is not licensed or registered by a health-related 
  8.9   licensing board or the commissioner of health; or 
  8.10     (ii) is licensed or registered by the commissioner of 
  8.11  health or a health-related licensing board other than the board 
  8.12  of medical practice, the board of dentistry, the board of 
  8.13  chiropractic examiners, or the board of podiatric medicine, but 
  8.14  does not hold oneself out to the public as being licensed or 
  8.15  registered by the commissioner or a health-related licensing 
  8.16  board when engaging in complementary and alternative health 
  8.17  care; 
  8.18     (2) has not had a license or registration issued by a 
  8.19  health-related licensing board or the commissioner of health 
  8.20  revoked or has not been disciplined in any manner at any time in 
  8.21  the past, unless the right to engage in complementary and 
  8.22  alternative health care practices has been established by order 
  8.23  of the commissioner of health; 
  8.24     (3) is engaging in complementary and alternative health 
  8.25  care practices; and 
  8.26     (4) is providing complementary and alternative health care 
  8.27  services for remuneration or is holding oneself out to the 
  8.28  public as a practitioner of complementary and alternative health 
  8.29  care practices. 
  8.30     (b) A health care practitioner licensed or registered by 
  8.31  the commissioner or a health-related licensing board, who 
  8.32  engages in complementary and alternative health care while 
  8.33  practicing under the practitioner's license or registration, 
  8.34  shall be regulated by and be under the jurisdiction of the 
  8.35  applicable health-related licensing board with regard to the 
  8.36  complementary and alternative health care practices.  
  9.1      Sec. 10.  [146A.02] [OFFICE OF UNLICENSED COMPLEMENTARY AND 
  9.2   ALTERNATIVE HEALTH CARE PRACTICE.] 
  9.3      Subdivision 1.  [CREATION.] The office of unlicensed 
  9.4   complementary and alternative health care practice is created in 
  9.5   the department of health to investigate complaints and take and 
  9.6   enforce disciplinary actions against all unlicensed 
  9.7   complementary and alternative health care practitioners for 
  9.8   violations of prohibited conduct, as defined in section 
  9.9   146A.08.  The office shall also serve as a clearinghouse on 
  9.10  complementary and alternative health care practices and 
  9.11  unlicensed complementary and alternative health care 
  9.12  practitioners through the dissemination of objective information 
  9.13  to consumers and through the development and performance of 
  9.14  public education activities, including outreach, regarding the 
  9.15  provision of complementary and alternative health care practices 
  9.16  and unlicensed complementary and alternative health care 
  9.17  practitioners who provide these services. 
  9.18     Subd. 2.  [RULEMAKING.] The commissioner shall adopt rules 
  9.19  necessary to implement, administer, or enforce provisions of 
  9.20  this chapter pursuant to chapter 14. 
  9.21     Sec. 11.  [146A.025] [MALTREATMENT OF MINORS.] 
  9.22     Nothing in this chapter shall restrict the ability of a 
  9.23  local welfare agency, local law enforcement agency, the 
  9.24  commissioner of human services, or the state to take action 
  9.25  regarding the maltreatment of minors under section 609.378 or 
  9.26  626.556.  A parent who obtains complementary and alternative 
  9.27  health care for the parent's minor child is not relieved of the 
  9.28  duty to seek necessary medical care consistent with the 
  9.29  requirements of sections 609.378 and 626.556.  A complementary 
  9.30  or alternative health care practitioner who is providing 
  9.31  services to a child who is not receiving necessary medical care 
  9.32  must make a report under section 626.556.  A complementary or 
  9.33  alternative health care provider is a mandated reporter under 
  9.34  section 626.556, subdivision 3. 
  9.35     Sec. 12.  [146A.03] [REPORTING OBLIGATIONS.] 
  9.36     Subdivision 1.  [PERMISSION TO REPORT.] A person who has 
 10.1   knowledge of any conduct constituting grounds for disciplinary 
 10.2   action relating to complementary and alternative health care 
 10.3   practices under this chapter may report the violation to the 
 10.4   office. 
 10.5      Subd. 2.  [INSTITUTIONS.] A state agency, political 
 10.6   subdivision, agency of a local unit of government, private 
 10.7   agency, hospital, clinic, prepaid medical plan, or other health 
 10.8   care institution or organization located in this state shall 
 10.9   report to the office any action taken by the agency, 
 10.10  institution, or organization or any of its administrators or 
 10.11  medical or other committees to revoke, suspend, restrict, or 
 10.12  condition an unlicensed complementary and alternative health 
 10.13  care practitioner's privilege to practice or treat complementary 
 10.14  and alternative health care clients in the institution or, as 
 10.15  part of the organization, any denial of privileges or any other 
 10.16  disciplinary action for conduct that might constitute grounds 
 10.17  for disciplinary action by the office under this chapter.  The 
 10.18  institution, organization, or governmental entity shall also 
 10.19  report the resignation of any unlicensed complementary and 
 10.20  alternative health care practitioners prior to the conclusion of 
 10.21  any disciplinary action proceeding for conduct that might 
 10.22  constitute grounds for disciplinary action under this chapter or 
 10.23  prior to the commencement of formal charges but after the 
 10.24  practitioner had knowledge that formal charges were contemplated 
 10.25  or were being prepared. 
 10.26     Subd. 3.  [PROFESSIONAL SOCIETIES.] A state or local 
 10.27  professional society for unlicensed complementary and 
 10.28  alternative health care practitioners shall report to the office 
 10.29  any termination, revocation, or suspension of membership or any 
 10.30  other disciplinary action taken against an unlicensed 
 10.31  complementary and alternative health care practitioner.  If the 
 10.32  society has received a complaint that might be grounds for 
 10.33  discipline under this chapter against a member on which it has 
 10.34  not taken any disciplinary action, the society shall report the 
 10.35  complaint and the reason why it has not taken action on it or 
 10.36  shall direct the complainant to the office. 
 11.1      Subd. 4.  [LICENSED PROFESSIONALS.] A licensed health 
 11.2   professional shall report to the office personal knowledge of 
 11.3   any conduct that the licensed health professional reasonably 
 11.4   believes constitutes grounds for disciplinary action under this 
 11.5   chapter by any unlicensed complementary and alternative health 
 11.6   care practitioner, including conduct indicating that the 
 11.7   individual may be incompetent or may be mentally or physically 
 11.8   unable to engage safely in the provision of services.  If the 
 11.9   information was obtained in the course of a client relationship, 
 11.10  the client is an unlicensed complementary and alternative health 
 11.11  care practitioner, and the treating individual successfully 
 11.12  counsels the other practitioner to limit or withdraw from 
 11.13  practice to the extent required by the impairment, the office 
 11.14  may deem this limitation of or withdrawal from practice to be 
 11.15  sufficient disciplinary action. 
 11.16     Subd. 5.  [INSURERS.] Four times each year as prescribed by 
 11.17  the commissioner, each insurer authorized to sell insurance 
 11.18  described in section 60A.06, subdivision 1, clause (13), and 
 11.19  providing professional liability insurance to unlicensed 
 11.20  complementary and alternative health care practitioners or the 
 11.21  medical joint underwriting association under chapter 62F shall 
 11.22  submit to the office a report concerning the unlicensed 
 11.23  complementary and alternative health care practitioners against 
 11.24  whom malpractice settlements or awards have been made.  The 
 11.25  response must contain at least the following information: 
 11.26     (1) the total number of malpractice settlements or awards 
 11.27  made; 
 11.28     (2) the date the malpractice settlements or awards were 
 11.29  made; 
 11.30     (3) the allegations contained in the claim or complaint 
 11.31  leading to the settlements or awards made; 
 11.32     (4) the dollar amount of each malpractice settlement or 
 11.33  award; 
 11.34     (5) the regular address of the practice of the unlicensed 
 11.35  complementary and alternative health care practitioner against 
 11.36  whom an award was made or with whom a settlement was made; and 
 12.1      (6) the name of the unlicensed complementary and 
 12.2   alternative health care practitioner against whom an award was 
 12.3   made or with whom a settlement was made. 
 12.4      The insurance company shall, in addition to the above 
 12.5   information, submit to the office any information, records, and 
 12.6   files, including clients' charts and records, it possesses that 
 12.7   tend to substantiate a charge that an unlicensed complementary 
 12.8   and alternative health care practitioner may have engaged in 
 12.9   conduct violating this chapter. 
 12.10     Subd. 6.  [COURTS.] The court administrator of district 
 12.11  court or any other court of competent jurisdiction shall report 
 12.12  to the office any judgment or other determination of the court 
 12.13  that adjudges or includes a finding that an unlicensed 
 12.14  complementary and alternative health care practitioner is 
 12.15  mentally ill, mentally incompetent, guilty of a felony, guilty 
 12.16  of a violation of federal or state narcotics laws or controlled 
 12.17  substances act, or guilty of abuse or fraud under Medicare or 
 12.18  Medicaid; or that appoints a guardian of the unlicensed 
 12.19  complementary and alternative health care practitioner under 
 12.20  sections 525.54 to 525.61 or commits an unlicensed complementary 
 12.21  and alternative health care practitioner under chapter 253B. 
 12.22     Subd. 7.  [SELF-REPORTING.] An unlicensed complementary and 
 12.23  alternative health care practitioner shall report to the office 
 12.24  any personal action that would require that a report be filed 
 12.25  with the office by any person, health care facility, business, 
 12.26  or organization pursuant to subdivisions 2 to 5.  The 
 12.27  practitioner shall also report the revocation, suspension, 
 12.28  restriction, limitation, or other disciplinary action against 
 12.29  the practitioner's license, certificate, registration, or right 
 12.30  of practice in another state or jurisdiction for offenses that 
 12.31  would be subject to disciplinary action in this state and also 
 12.32  report the filing of charges regarding the practitioner's 
 12.33  license, certificate, registration, or right of practice in 
 12.34  another state or jurisdiction. 
 12.35     Subd. 8.  [DEADLINES; FORMS.] Reports required by 
 12.36  subdivisions 2 to 7 must be submitted not later than 30 days 
 13.1   after the reporter learns of the occurrence of the reportable 
 13.2   event or transaction.  The office may provide forms for the 
 13.3   submission of reports required by this section, may require that 
 13.4   reports be submitted on the forms provided, and may adopt rules 
 13.5   necessary to ensure prompt and accurate reporting. 
 13.6      Sec. 13.  [146A.04] [IMMUNITY.] 
 13.7      Subdivision 1.  [REPORTING.] Any person, other than the 
 13.8   unlicensed complementary and alternative health care 
 13.9   practitioner who committed the violation, health care facility, 
 13.10  business, or organization is immune from civil liability or 
 13.11  criminal prosecution for submitting a report to the office, for 
 13.12  otherwise reporting to the office violations or alleged 
 13.13  violations of this chapter, or for cooperating with an 
 13.14  investigation of a report, except as provided in this 
 13.15  subdivision.  Any person who knowingly or recklessly makes a 
 13.16  false report is liable in a civil suit for any damages suffered 
 13.17  by the person or persons so reported and for any punitive 
 13.18  damages set by the court or jury.  An action requires clear and 
 13.19  convincing evidence that the defendant made the statement with 
 13.20  knowledge of falsity or with reckless disregard for its truth or 
 13.21  falsity.  The report or statement or any statement made in 
 13.22  cooperation with an investigation or as part of a disciplinary 
 13.23  proceeding is privileged except in an action brought under this 
 13.24  subdivision. 
 13.25     Subd. 2.  [INVESTIGATION.] The commissioner and employees 
 13.26  of the department of health and other persons engaged in the 
 13.27  investigation of violations and in the preparation, 
 13.28  presentation, and management of and testimony pertaining to 
 13.29  charges of violations of this chapter are immune from civil 
 13.30  liability and criminal prosecution for any actions, 
 13.31  transactions, or publications in the execution of, or relating 
 13.32  to, their duties under this chapter. 
 13.33     Sec. 14.  [146A.05] [DISCIPLINARY RECORD ON JUDICIAL 
 13.34  REVIEW.] 
 13.35     Upon judicial review of any disciplinary action taken by 
 13.36  the commissioner under this chapter, the reviewing court shall 
 14.1   seal the portions of the administrative record that contain data 
 14.2   on a complementary and alternative health care client or a 
 14.3   complainant under section 146A.03, and shall not make those 
 14.4   portions of the administrative record available to the public. 
 14.5      Sec. 15.  [146A.06] [PROFESSIONAL COOPERATION; UNLICENSED 
 14.6   PRACTITIONER.] 
 14.7      Subdivision 1.  [COOPERATION.] An unlicensed complementary 
 14.8   and alternative health care practitioner who is the subject of 
 14.9   an investigation, or who is questioned in connection with an 
 14.10  investigation, by or on behalf of the office, shall cooperate 
 14.11  fully with the investigation.  Cooperation includes responding 
 14.12  fully and promptly to any question raised by or on behalf of the 
 14.13  office relating to the subject of the investigation, whether 
 14.14  tape recorded or not; providing copies of client records, as 
 14.15  reasonably requested by the office, to assist the office in its 
 14.16  investigation; and appearing at conferences or hearings 
 14.17  scheduled by the commissioner.  If the office does not have a 
 14.18  written consent from a client permitting access to the client's 
 14.19  records, the unlicensed complementary and alternative health 
 14.20  care practitioner shall delete in the record any data that 
 14.21  identifies the client before providing it to the office.  If an 
 14.22  unlicensed complementary and alternative health care 
 14.23  practitioner refuses to give testimony or produce any documents, 
 14.24  books, records, or correspondence on the basis of the fifth 
 14.25  amendment to the Constitution of the United States, the 
 14.26  commissioner may compel the unlicensed complementary and 
 14.27  alternative health care practitioner to provide the testimony or 
 14.28  information; however, the testimony or evidence may not be used 
 14.29  against the practitioner in any criminal proceeding.  Challenges 
 14.30  to requests of the office may be brought before the appropriate 
 14.31  agency or court. 
 14.32     Subd. 2.  [DATA.] (a) Data relating to investigations of 
 14.33  complaints and disciplinary actions involving unlicensed 
 14.34  complementary and alternative health care practitioners are 
 14.35  governed by this subdivision and section 13.41 does not apply.  
 14.36  Except as provided in section 13.39, subdivision 2, and 
 15.1   paragraph (b), data relating to investigations of complaints and 
 15.2   disciplinary actions involving unlicensed complementary and 
 15.3   alternative health care practitioners are public data, 
 15.4   regardless of the outcome of any investigation, action, or 
 15.5   proceeding. 
 15.6      (b) The following data are private data on individuals, as 
 15.7   defined in section 13.02: 
 15.8      (1) data on a complementary and alternative health care 
 15.9   client; 
 15.10     (2) data on a complainant under section 146A.03; and 
 15.11     (3) data on the nature or content of unsubstantiated 
 15.12  complaints when the information is not maintained in 
 15.13  anticipation of legal action. 
 15.14     Subd. 3.  [EXCHANGING INFORMATION.] (a) The office shall 
 15.15  establish internal operating procedures for: 
 15.16     (1) exchanging information with state boards; agencies, 
 15.17  including the office of ombudsman for mental health and mental 
 15.18  retardation; health-related and law enforcement facilities; 
 15.19  departments responsible for licensing health-related 
 15.20  occupations, facilities, and programs; and law enforcement 
 15.21  personnel in this and other states; and 
 15.22     (2) coordinating investigations involving matters within 
 15.23  the jurisdiction of more than one regulatory agency. 
 15.24     (b) The procedures for exchanging information must provide 
 15.25  for the forwarding to the entities described in paragraph (a), 
 15.26  clause (1), of information and evidence, including the results 
 15.27  of investigations, that are relevant to matters within the 
 15.28  regulatory jurisdiction of the organizations in paragraph (a).  
 15.29  The data have the same classification in the hands of the agency 
 15.30  receiving the data as they have in the hands of the agency 
 15.31  providing the data. 
 15.32     (c) The office shall establish procedures for exchanging 
 15.33  information with other states regarding disciplinary action 
 15.34  against unlicensed complementary and alternative health care 
 15.35  practitioners. 
 15.36     (d) The office shall forward to another governmental agency 
 16.1   any complaints received by the office that do not relate to the 
 16.2   office's jurisdiction but that relate to matters within the 
 16.3   jurisdiction of the other governmental agency.  The agency to 
 16.4   which a complaint is forwarded shall advise the office of the 
 16.5   disposition of the complaint.  A complaint or other information 
 16.6   received by another governmental agency relating to a statute or 
 16.7   rule that the office is empowered to enforce must be forwarded 
 16.8   to the office to be processed in accordance with this section. 
 16.9      (e) The office shall furnish to a person who made a 
 16.10  complaint a description of the actions of the office relating to 
 16.11  the complaint. 
 16.12     Sec. 16.  [146A.07] [PROFESSIONAL ACCOUNTABILITY.] 
 16.13     The office shall maintain and keep current a file 
 16.14  containing the reports and complaints filed against unlicensed 
 16.15  complementary and alternative health care practitioners within 
 16.16  the commissioner's jurisdiction.  Each complaint filed with the 
 16.17  office must be investigated.  If the files maintained by the 
 16.18  office show that a malpractice settlement or award has been made 
 16.19  against an unlicensed complementary and alternative health care 
 16.20  practitioner, as reported by insurers under section 146A.03, 
 16.21  subdivision 5, the commissioner may authorize a review of the 
 16.22  practitioner's practice by the staff of the office. 
 16.23     Sec. 17.  [146A.08] [PROHIBITED CONDUCT.] 
 16.24     Subdivision 1.  [PROHIBITED CONDUCT.] The commissioner may 
 16.25  impose disciplinary action as described in section 146A.09 
 16.26  against any unlicensed complementary and alternative health care 
 16.27  practitioner.  The following conduct is prohibited and is 
 16.28  grounds for disciplinary action:  
 16.29     (a) Conviction of a crime, including a finding or verdict 
 16.30  of guilt, an admission of guilt, or a no-contest plea, in any 
 16.31  court in Minnesota or any other jurisdiction in the United 
 16.32  States, reasonably related to engaging in complementary and 
 16.33  alternative health care practices.  Conviction, as used in this 
 16.34  subdivision, includes a conviction of an offense which, if 
 16.35  committed in this state, would be deemed a felony, gross 
 16.36  misdemeanor, or misdemeanor, without regard to its designation 
 17.1   elsewhere, or a criminal proceeding where a finding or verdict 
 17.2   of guilty is made or returned but the adjudication of guilt is 
 17.3   either withheld or not entered. 
 17.4      (b) Conviction of any crime against a person.  For purposes 
 17.5   of this chapter, a crime against a person means violations of 
 17.6   the following:  sections 609.185; 609.19; 609.195; 609.20; 
 17.7   609.205; 609.21; 609.215; 609.221; 609.222; 609.223; 609.224; 
 17.8   609.2242; 609.23; 609.231; 609.2325; 609.233; 609.2335; 609.235; 
 17.9   609.24; 609.245; 609.25; 609.255; 609.26, subdivision 1, clause 
 17.10  (1) or (2); 609.265; 609.342; 609.343; 609.344; 609.345; 
 17.11  609.365; 609.498, subdivision 1; 609.50, subdivision 1, clause 
 17.12  (1); 609.561; 609.562; 609.595; and 609.72, subdivision 3. 
 17.13     (c) Failure to comply with the self-reporting requirements 
 17.14  of section 146A.03, subdivision 7. 
 17.15     (d) Engaging in sexual contact with a complementary and 
 17.16  alternative health care client or former client, engaging in 
 17.17  contact that may be reasonably interpreted by a client as 
 17.18  sexual, engaging in any verbal behavior that is seductive or 
 17.19  sexually demeaning to the patient, or engaging in sexual 
 17.20  exploitation of a client or former client.  For purposes of this 
 17.21  clause, "former client" means a person who has obtained services 
 17.22  from the unlicensed complementary and alternative health care 
 17.23  practitioner within the past two years. 
 17.24     (e) Advertising that is false, fraudulent, deceptive, or 
 17.25  misleading. 
 17.26     (f) Conduct likely to deceive, defraud, or harm the public 
 17.27  or demonstrating a willful or careless disregard for the health, 
 17.28  welfare, or safety of a complementary and alternative health 
 17.29  care client; or any other practice that may create danger to any 
 17.30  client's life, health, or safety, in any of which cases, proof 
 17.31  of actual injury need not be established. 
 17.32     (g) Adjudication as mentally incompetent or as a person who 
 17.33  is dangerous to self or adjudication pursuant to chapter 253B as 
 17.34  chemically dependent, mentally ill, mentally retarded, mentally 
 17.35  ill and dangerous to the public, or as a sexual psychopathic 
 17.36  personality or sexually dangerous person. 
 18.1      (h) Inability to engage in complementary and alternative 
 18.2   health care practices with reasonable safety to complementary 
 18.3   and alternative health care clients.  
 18.4      (i) The habitual overindulgence in the use of or the 
 18.5   dependence on intoxicating liquors. 
 18.6      (j) Improper or unauthorized personal or other use of any 
 18.7   legend drugs as defined in chapter 151, any chemicals as defined 
 18.8   in chapter 151, or any controlled substance as defined in 
 18.9   chapter 152. 
 18.10     (k) Revealing a communication from, or relating to, a 
 18.11  complementary and alternative health care client except when 
 18.12  otherwise required or permitted by law. 
 18.13     (l) Failure to comply with a complementary and alternative 
 18.14  health care client's request made under section 144.335 or to 
 18.15  furnish a complementary and alternative health care client 
 18.16  record or report required by law. 
 18.17     (m) Splitting fees or promising to pay a portion of a fee 
 18.18  to any other professional other than for services rendered by 
 18.19  the other professional to the complementary and alternative 
 18.20  health care client. 
 18.21     (n) Engaging in abusive or fraudulent billing practices, 
 18.22  including violations of the federal Medicare and Medicaid laws 
 18.23  or state medical assistance laws. 
 18.24     (o) Failure to make reports as required by section 146A.03 
 18.25  or cooperate with an investigation of the office. 
 18.26     (p) Obtaining money, property, or services from a 
 18.27  complementary and alternative health care client, other than 
 18.28  reasonable fees for services provided to the client, through the 
 18.29  use of undue influence, harassment, duress, deception, or fraud. 
 18.30     (q) Undertaking or continuing a professional relationship 
 18.31  with a complementary and alternative health care client in which 
 18.32  the objectivity of the unlicensed complementary and alternative 
 18.33  health care practitioner would be impaired. 
 18.34     (r) Failure to provide a complementary and alternative 
 18.35  health care client with a copy of the client bill of rights or 
 18.36  violation of any provision of the client bill of rights. 
 19.1      (s) Violating any order issued by the commissioner. 
 19.2      (t) Failure to comply with any provision of sections 
 19.3   146A.01 to 146A.11 and the rules adopted under those sections. 
 19.4      (u) Failure to comply with any additional disciplinary 
 19.5   grounds established by the commissioner by rule. 
 19.6      (v) Revocation, suspension, restriction, limitation, or 
 19.7   other disciplinary action against any health care license, 
 19.8   certificate, registration, or right to practice of the 
 19.9   unlicensed complementary and alternative health care 
 19.10  practitioner in this or another state or jurisdiction for 
 19.11  offenses that would be subject to disciplinary action in this 
 19.12  state or failure to report to the office that charges regarding 
 19.13  the practitioner's license, certificate, registration, or right 
 19.14  of practice have been brought in this or another state or 
 19.15  jurisdiction.  
 19.16     (w) Use of the title "doctor," "Dr.," or "physician" alone 
 19.17  or in combination with any other words, letters, or insignia to 
 19.18  describe the complementary and alternative health care practices 
 19.19  the practitioner provides. 
 19.20     (x) Failure to provide a complementary and alternative 
 19.21  health care client with a recommendation that the client see a 
 19.22  health care provider who is licensed or registered by a 
 19.23  health-related licensing board or the commissioner of health, if 
 19.24  there is a reasonable likelihood that the client needs to be 
 19.25  seen by a licensed or registered health care provider.  
 19.26     Subd. 2.  [LESS CUSTOMARY APPROACH.] The fact that a 
 19.27  complementary and alternative health care practice may be a less 
 19.28  customary approach to health care shall not constitute the basis 
 19.29  of a disciplinary action per se. 
 19.30     Subd. 3.  [EVIDENCE.] In disciplinary actions alleging a 
 19.31  violation of subdivision 1, paragraph (a), (b), (c), or (g), a 
 19.32  copy of the judgment or proceeding under the seal of the court 
 19.33  administrator or of the administrative agency that entered the 
 19.34  same is admissible into evidence without further authentication 
 19.35  and constitutes prima facie evidence of its contents. 
 19.36     Subd. 4.  [EXAMINATION; ACCESS TO MEDICAL DATA.] (a) If the 
 20.1   commissioner has probable cause to believe that an unlicensed 
 20.2   complementary and alternative health care practitioner has 
 20.3   engaged in conduct prohibited by subdivision 1, paragraph (g), 
 20.4   (h), (i), or (j), the commissioner may issue an order directing 
 20.5   the practitioner to submit to a mental or physical examination 
 20.6   or chemical dependency evaluation.  For the purpose of this 
 20.7   subdivision, every unlicensed complementary and alternative 
 20.8   health care practitioner is deemed to have consented to submit 
 20.9   to a mental or physical examination or chemical dependency 
 20.10  evaluation when ordered to do so in writing by the commissioner 
 20.11  and further to have waived all objections to the admissibility 
 20.12  of the testimony or examination reports of the health care 
 20.13  provider performing the examination or evaluation on the grounds 
 20.14  that the same constitute a privileged communication.  Failure of 
 20.15  an unlicensed complementary and alternative health care 
 20.16  practitioner to submit to an examination or evaluation when 
 20.17  ordered, unless the failure was due to circumstances beyond the 
 20.18  practitioner's control, constitutes an admission that the 
 20.19  unlicensed complementary and alternative health care 
 20.20  practitioner violated subdivision 1, paragraph (g), (h), (i), or 
 20.21  (j), based on the factual specifications in the examination or 
 20.22  evaluation order and may result in a default and final 
 20.23  disciplinary order being entered after a contested case 
 20.24  hearing.  An unlicensed complementary and alternative health 
 20.25  care practitioner affected under this paragraph shall at 
 20.26  reasonable intervals be given an opportunity to demonstrate that 
 20.27  the practitioner can resume the provision of complementary and 
 20.28  alternative health care practices with reasonable safety to 
 20.29  clients.  In any proceeding under this paragraph, neither the 
 20.30  record of proceedings nor the orders entered by the commissioner 
 20.31  shall be used against an unlicensed complementary and 
 20.32  alternative health care practitioner in any other proceeding. 
 20.33     (b) In addition to ordering a physical or mental 
 20.34  examination or chemical dependency evaluation, the commissioner 
 20.35  may, notwithstanding section 13.42; 144.651; 595.02; or any 
 20.36  other law limiting access to medical or other health data, 
 21.1   obtain medical data and health records relating to an unlicensed 
 21.2   complementary and alternative health care practitioner without 
 21.3   the practitioner's consent if the commissioner has probable 
 21.4   cause to believe that a practitioner has engaged in conduct 
 21.5   prohibited by subdivision 1, paragraph (g), (h), (i), or (j).  
 21.6   The medical data may be requested from a provider as defined in 
 21.7   section 144.335, subdivision 1, paragraph (b), an insurance 
 21.8   company, or a government agency, including the department of 
 21.9   human services.  A provider, insurance company, or government 
 21.10  agency shall comply with any written request of the commissioner 
 21.11  under this subdivision and is not liable in any action for 
 21.12  damages for releasing the data requested by the commissioner if 
 21.13  the data are released pursuant to a written request under this 
 21.14  subdivision, unless the information is false and the person or 
 21.15  organization giving the information knew or had reason to 
 21.16  believe the information was false.  Information obtained under 
 21.17  this subdivision is private data under section 13.41. 
 21.18     Sec. 18.  [146A.09] [DISCIPLINARY ACTIONS.] 
 21.19     Subdivision 1.  [FORMS OF DISCIPLINARY ACTION.] When the 
 21.20  commissioner finds that an unlicensed complementary and 
 21.21  alternative health care practitioner has violated any provision 
 21.22  of this chapter, the commissioner may take one or more of the 
 21.23  following actions, only against the individual practitioner: 
 21.24     (1) revoke the right to practice; 
 21.25     (2) suspend the right to practice; 
 21.26     (3) impose limitations or conditions on the practitioner's 
 21.27  provision of complementary and alternative health care 
 21.28  practices, impose rehabilitation requirements, or require 
 21.29  practice under supervision; 
 21.30     (4) impose a civil penalty not exceeding $10,000 for each 
 21.31  separate violation, the amount of the civil penalty to be fixed 
 21.32  so as to deprive the practitioner of any economic advantage 
 21.33  gained by reason of the violation charged or to reimburse the 
 21.34  office for all costs of the investigation and proceeding; 
 21.35     (5) censure or reprimand the practitioner; 
 21.36     (6) impose a fee on the practitioner to reimburse the 
 22.1   office for all or part of the cost of the proceedings resulting 
 22.2   in disciplinary action including, but not limited to, the amount 
 22.3   paid by the office for services from the office of 
 22.4   administrative hearings, attorney fees, court reports, 
 22.5   witnesses, reproduction of records, staff time, and expense 
 22.6   incurred by the staff of the office of unlicensed complementary 
 22.7   and alternative health care practice; or 
 22.8      (7) any other action justified by the case. 
 22.9      Subd. 2.  [DISCOVERY; SUBPOENAS.] In all matters relating 
 22.10  to the lawful activities of the office, the commissioner may 
 22.11  issue subpoenas and compel the attendance of witnesses and the 
 22.12  production of all necessary papers, books, records, documents, 
 22.13  and other evidentiary material.  Any person failing or refusing 
 22.14  to appear or testify regarding any matter about which the person 
 22.15  may be lawfully questioned or failing to produce any papers, 
 22.16  books, records, documents, or other evidentiary materials in the 
 22.17  matter to be heard, after having been required by order of the 
 22.18  commissioner or by a subpoena of the commissioner to do so may, 
 22.19  upon application to the district court in any district, be 
 22.20  ordered to comply with the order or subpoena.  The commissioner 
 22.21  may administer oaths to witnesses or take their affirmation.  
 22.22  Depositions may be taken within or without the state in the 
 22.23  manner provided by law for the taking of depositions in civil 
 22.24  actions.  A subpoena or other process may be served upon a 
 22.25  person it names anywhere within the state by any officer 
 22.26  authorized to serve subpoenas or other process in civil actions 
 22.27  in the same manner as prescribed by law for service of process 
 22.28  issued out of the district court of this state. 
 22.29     Subd. 3.  [HEARINGS.] If the commissioner proposes to take 
 22.30  action against the practitioner as described in subdivision 1, 
 22.31  the commissioner must first notify the practitioner against whom 
 22.32  the action is proposed to be taken and provide the practitioner 
 22.33  with an opportunity to request a hearing under the contested 
 22.34  case provisions of chapter 14.  If the practitioner does not 
 22.35  request a hearing by notifying the commissioner within 30 days 
 22.36  after service of the notice of the proposed action, the 
 23.1   commissioner may proceed with the action without a hearing. 
 23.2      Subd. 4.  [REINSTATEMENT.] The commissioner may at the 
 23.3   commissioner's discretion reinstate the right to practice and 
 23.4   may impose any disciplinary measure listed under subdivision 1. 
 23.5      Subd. 5.  [TEMPORARY SUSPENSION.] In addition to any other 
 23.6   remedy provided by law, the commissioner may, acting through a 
 23.7   person to whom the commissioner has delegated this authority and 
 23.8   without a hearing, temporarily suspend the right of an 
 23.9   unlicensed complementary and alternative health care 
 23.10  practitioner to practice if the commissioner's delegate finds 
 23.11  that the practitioner has violated a statute or rule that the 
 23.12  commissioner is empowered to enforce and continued practice by 
 23.13  the practitioner would create a serious risk of harm to others.  
 23.14  The suspension is in effect upon service of a written order on 
 23.15  the practitioner specifying the statute or rule violated.  The 
 23.16  order remains in effect until the commissioner issues a final 
 23.17  order in the matter after a hearing or upon agreement between 
 23.18  the commissioner and the practitioner.  Service of the order is 
 23.19  effective if the order is served on the practitioner or counsel 
 23.20  of record personally or by first class mail.  Within ten days of 
 23.21  service of the order, the commissioner shall hold a hearing on 
 23.22  the sole issue of whether there is a reasonable basis to 
 23.23  continue, modify, or lift the suspension.  Evidence presented by 
 23.24  the office or practitioner shall be in affidavit form only.  The 
 23.25  practitioner or the counsel of record may appear for oral 
 23.26  argument.  Within five working days after the hearing, the 
 23.27  commissioner shall issue the commissioner's order and, if the 
 23.28  suspension is continued, schedule a contested case hearing 
 23.29  within 45 days after issuance of the order.  The administrative 
 23.30  law judge shall issue a report within 30 days after closing of 
 23.31  the contested case hearing record.  The commissioner shall issue 
 23.32  a final order within 30 days after receipt of that report. 
 23.33     Subd. 6.  [AUTOMATIC SUSPENSION.] The right of an 
 23.34  unlicensed complementary and alternative health care 
 23.35  practitioner to practice is automatically suspended if (1) a 
 23.36  guardian of an unlicensed complementary and alternative health 
 24.1   care practitioner is appointed by order of a court under 
 24.2   sections 525.54 to 525.61, or (2) the practitioner is committed 
 24.3   by order of a court pursuant to chapter 253B.  The right to 
 24.4   practice remains suspended until the practitioner is restored to 
 24.5   capacity by a court and, upon petition by the practitioner, the 
 24.6   suspension is terminated by the commissioner after a hearing or 
 24.7   upon agreement between the commissioner and the practitioner. 
 24.8      Subd. 7.  [LICENSED OR REGULATED PRACTITIONERS.] If a 
 24.9   practitioner investigated under this section is licensed or 
 24.10  registered by the commissioner of health or a health-related 
 24.11  licensing board, is subject to the jurisdiction of the 
 24.12  commissioner under section 146A.01, subdivision 6, paragraph 
 24.13  (a), clause (1), item (ii), and the commissioner determines that 
 24.14  the practitioner has violated any provision of this chapter, the 
 24.15  commissioner, in addition to taking disciplinary action under 
 24.16  this section: 
 24.17     (1) may, if the practitioner is licensed or regulated in 
 24.18  another capacity by the commissioner, take further disciplinary 
 24.19  action against the practitioner in that capacity; or 
 24.20     (2) shall, if the practitioner is licensed or registered in 
 24.21  another capacity by a health-related licensing board, report the 
 24.22  commissioner's findings under this section, and may make a 
 24.23  nonbinding recommendation that the board take further action 
 24.24  against the practitioner in that capacity. 
 24.25     Sec. 19.  [146A.10] [ADDITIONAL REMEDIES.] 
 24.26     Subdivision 1.  [CEASE AND DESIST.] (a) The commissioner 
 24.27  may issue a cease and desist order to stop a person from 
 24.28  violating or threatening to violate a statute, rule, or order 
 24.29  which the office has issued or is empowered to enforce.  The 
 24.30  cease and desist order must state the reason for its issuance 
 24.31  and give notice of the person's right to request a hearing under 
 24.32  sections 14.57 to 14.62.  If, within 15 days of service of the 
 24.33  order, the subject of the order fails to request a hearing in 
 24.34  writing, the order is the final order of the commissioner and is 
 24.35  not reviewable by a court or agency. 
 24.36     (b) A hearing must be initiated by the office not later 
 25.1   than 30 days from the date of the office's receipt of a written 
 25.2   hearing request.  Within 30 days of receipt of the 
 25.3   administrative law judge's report, the commissioner shall issue 
 25.4   a final order modifying, vacating, or making permanent the cease 
 25.5   and desist order as the facts require.  The final order remains 
 25.6   in effect until modified or vacated by the commissioner. 
 25.7      (c) When a request for a stay accompanies a timely hearing 
 25.8   request, the commissioner may, in the commissioner's discretion, 
 25.9   grant the stay.  If the commissioner does not grant a requested 
 25.10  stay, the commissioner shall refer the request to the office of 
 25.11  administrative hearings within three working days of receipt of 
 25.12  the request.  Within ten days after receiving the request from 
 25.13  the commissioner, an administrative law judge shall issue a 
 25.14  recommendation to grant or deny the stay.  The commissioner 
 25.15  shall grant or deny the stay within five days of receiving the 
 25.16  administrative law judge's recommendation. 
 25.17     (d) In the event of noncompliance with a cease and desist 
 25.18  order, the commissioner may institute a proceeding in Hennepin 
 25.19  county district court to obtain injunctive relief or other 
 25.20  appropriate relief, including a civil penalty payable to the 
 25.21  office not exceeding $10,000 for each separate violation. 
 25.22     Subd. 2.  [INJUNCTIVE RELIEF.] In addition to any other 
 25.23  remedy provided by law, including the issuance of a cease and 
 25.24  desist order under subdivision 1, the commissioner may in the 
 25.25  commissioner's own name bring an action in Hennepin county 
 25.26  district court for injunctive relief to restrain an unlicensed 
 25.27  complementary and alternative health care practitioner from a 
 25.28  violation or threatened violation of any statute, rule, or order 
 25.29  which the commissioner is empowered to regulate, enforce, or 
 25.30  issue.  A temporary restraining order must be granted in the 
 25.31  proceeding if continued activity by a practitioner would create 
 25.32  a serious risk of harm to others.  The commissioner need not 
 25.33  show irreparable harm. 
 25.34     Subd. 3.  [ADDITIONAL POWERS.] The issuance of a cease and 
 25.35  desist order or injunctive relief granted under this section 
 25.36  does not relieve a practitioner from criminal prosecution by a 
 26.1   competent authority or from disciplinary action by the 
 26.2   commissioner. 
 26.3      Sec. 20.  [146A.11] [COMPLEMENTARY AND ALTERNATIVE HEALTH 
 26.4   CARE CLIENT BILL OF RIGHTS.] 
 26.5      Subdivision 1.  [SCOPE.] All unlicensed complementary and 
 26.6   alternative health care practitioners shall provide to each 
 26.7   complementary and alternative health care client prior to 
 26.8   providing treatment a written copy of the complementary and 
 26.9   alternative health care client bill of rights.  A copy must also 
 26.10  be posted in a prominent location in the office of the 
 26.11  unlicensed complementary and alternative health care 
 26.12  practitioner.  Reasonable accommodations shall be made for those 
 26.13  clients who cannot read or who have communication impairments 
 26.14  and those who do not read or speak English.  The complementary 
 26.15  and alternative health care client bill of rights shall include 
 26.16  the following: 
 26.17     (1) the name, complementary and alternative health care 
 26.18  title, business address, and telephone number of the unlicensed 
 26.19  complementary and alternative health care practitioner; 
 26.20     (2) the degrees, training, experience, or other 
 26.21  qualifications of the practitioner regarding the complimentary 
 26.22  and alternative health care being provided, followed by the 
 26.23  following statement in bold print: 
 26.24     "THE STATE OF MINNESOTA HAS NOT ADOPTED ANY EDUCATIONAL AND 
 26.25  TRAINING STANDARDS FOR UNLICENSED COMPLEMENTARY AND ALTERNATIVE 
 26.26  HEALTH CARE PRACTITIONERS.  THIS STATEMENT OF CREDENTIALS IS FOR 
 26.27  INFORMATION PURPOSES ONLY. 
 26.28     Under Minnesota law, an unlicensed complementary and 
 26.29  alternative health care practitioner may not provide a medical 
 26.30  diagnosis or recommend discontinuance of medically prescribed 
 26.31  treatments.  If a client desires a diagnosis from a licensed 
 26.32  physician, chiropractor, or acupuncture practitioner, or 
 26.33  services from a physician, chiropractor, nurse, osteopath, 
 26.34  physical therapist, dietitian, nutritionist, acupuncture 
 26.35  practitioner, athletic trainer, or any other type of health care 
 26.36  provider, the client may seek such services at any time."; 
 27.1      (3) the name, business address, and telephone number of the 
 27.2   practitioner's supervisor, if any; 
 27.3      (4) notice that a complementary and alternative health care 
 27.4   client has the right to file a complaint with the practitioner's 
 27.5   supervisor, if any, and the procedure for filing complaints; 
 27.6      (5) the name, address, and telephone number of the office 
 27.7   of unlicensed complementary and alternative health care practice 
 27.8   and notice that a client may file complaints with the office; 
 27.9      (6) the practitioner's fees per unit of service, the 
 27.10  practitioner's method of billing for such fees, the names of any 
 27.11  insurance companies that have agreed to reimburse the 
 27.12  practitioner, or health maintenance organizations with whom the 
 27.13  practitioner contracts to provide service, whether the 
 27.14  practitioner accepts Medicare, medical assistance, or general 
 27.15  assistance medical care, and whether the practitioner is willing 
 27.16  to accept partial payment, or to waive payment, and in what 
 27.17  circumstances; 
 27.18     (7) a statement that the client has a right to reasonable 
 27.19  notice of changes in services or charges; 
 27.20     (8) a brief summary, in plain language, of the theoretical 
 27.21  approach used by the practitioner in providing services to 
 27.22  clients; 
 27.23     (9) notice that the client has a right to complete and 
 27.24  current information concerning the practitioner's assessment and 
 27.25  recommended service that is to be provided, including the 
 27.26  expected duration of the service to be provided; 
 27.27     (10) a statement that clients may expect courteous 
 27.28  treatment and to be free from verbal, physical, or sexual abuse 
 27.29  by the practitioner; 
 27.30     (11) a statement that client records and transactions with 
 27.31  the practitioner are confidential, unless release of these 
 27.32  records is authorized in writing by the client, or otherwise 
 27.33  provided by law; 
 27.34     (12) a statement of the client's right to be allowed access 
 27.35  to records and written information from records in accordance 
 27.36  with section 144.335; 
 28.1      (13) a statement that other services may be available in 
 28.2   the community, including where information concerning services 
 28.3   is available; 
 28.4      (14) a statement that the client has the right to choose 
 28.5   freely among available practitioners and to change practitioners 
 28.6   after services have begun, within the limits of health 
 28.7   insurance, medical assistance, or other health programs; 
 28.8      (15) a statement that the client has a right to coordinated 
 28.9   transfer when there will be a change in the provider of 
 28.10  services; 
 28.11     (16) a statement that the client may refuse services or 
 28.12  treatment, unless otherwise provided by law; and 
 28.13     (17) a statement that the client may assert the client's 
 28.14  rights without retaliation. 
 28.15     Subd. 2.  [ACKNOWLEDGMENT BY CLIENT.] Prior to the 
 28.16  provision of any service, a complementary and alternative health 
 28.17  care client must sign a written statement attesting that the 
 28.18  client has received the complementary and alternative health 
 28.19  care client bill of rights. 
 28.20     Sec. 21.  Minnesota Statutes 1999 Supplement, section 
 28.21  147.09, is amended to read: 
 28.22     147.09 [EXEMPTIONS.] 
 28.23     Section 147.081 does not apply to, control, prevent or 
 28.24  restrict the practice, service, or activities of:  
 28.25     (1) A person who is a commissioned medical officer of, a 
 28.26  member of, or employed by, the armed forces of the United 
 28.27  States, the United States Public Health Service, the Veterans 
 28.28  Administration, any federal institution or any federal agency 
 28.29  while engaged in the performance of official duties within this 
 28.30  state, if the person is licensed elsewhere.  
 28.31     (2) A licensed physician from a state or country who is in 
 28.32  actual consultation here.  
 28.33     (3) A licensed or registered physician who treats the 
 28.34  physician's home state patients or other participating patients 
 28.35  while the physicians and those patients are participating 
 28.36  together in outdoor recreation in this state as defined by 
 29.1   section 86A.03, subdivision 3.  A physician shall first register 
 29.2   with the board on a form developed by the board for that 
 29.3   purpose.  The board shall not be required to promulgate the 
 29.4   contents of that form by rule.  No fee shall be charged for this 
 29.5   registration.  
 29.6      (4) A student practicing under the direct supervision of a 
 29.7   preceptor while the student is enrolled in and regularly 
 29.8   attending a recognized medical school.  
 29.9      (5) A student who is in continuing training and performing 
 29.10  the duties of an intern or resident or engaged in postgraduate 
 29.11  work considered by the board to be the equivalent of an 
 29.12  internship or residency in any hospital or institution approved 
 29.13  for training by the board, provided the student has a residency 
 29.14  permit issued by the board under section 147.0391. 
 29.15     (6) A person employed in a scientific, sanitary, or 
 29.16  teaching capacity by the state university, the department of 
 29.17  children, families, and learning, or by any public or private 
 29.18  school, college, or other bona fide educational institution, a 
 29.19  nonprofit organization, which has tax-exempt status in 
 29.20  accordance with the Internal Revenue Code, section 501(c)(3), 
 29.21  and is organized and operated primarily for the purpose of 
 29.22  conducting scientific research directed towards discovering the 
 29.23  causes of and cures for human diseases, or the state department 
 29.24  of health, whose duties are entirely of a research, public 
 29.25  health, or educational character, while engaged in such duties; 
 29.26  provided that if the research includes the study of humans, such 
 29.27  research shall be conducted under the supervision of one or more 
 29.28  physicians licensed under this chapter. 
 29.29     (7) Physician's assistants registered in this state.  
 29.30     (8) A doctor of osteopathy duly licensed by the state board 
 29.31  of osteopathy under Minnesota Statutes 1961, sections 148.11 to 
 29.32  148.16, prior to May 1, 1963, who has not been granted a license 
 29.33  to practice medicine in accordance with this chapter provided 
 29.34  that the doctor confines activities within the scope of the 
 29.35  license. 
 29.36     (9) Any person licensed by a health related licensing 
 30.1   board, as defined in section 214.01, subdivision 2, or 
 30.2   registered by the commissioner of health pursuant to section 
 30.3   214.13, including psychological practitioners with respect to 
 30.4   the use of hypnosis; provided that the person confines 
 30.5   activities within the scope of the license.  
 30.6      (10) A person who practices ritual circumcision pursuant to 
 30.7   the requirements or tenets of any established religion. 
 30.8      (11) A Christian Scientist or other person who endeavors to 
 30.9   prevent or cure disease or suffering exclusively by mental or 
 30.10  spiritual means or by prayer. 
 30.11     (12) A physician licensed to practice medicine in another 
 30.12  state who is in this state for the sole purpose of providing 
 30.13  medical services at a competitive athletic event.  The physician 
 30.14  may practice medicine only on participants in the athletic 
 30.15  event.  A physician shall first register with the board on a 
 30.16  form developed by the board for that purpose.  The board shall 
 30.17  not be required to adopt the contents of the form by rule.  The 
 30.18  physician shall provide evidence satisfactory to the board of a 
 30.19  current unrestricted license in another state.  The board shall 
 30.20  charge a fee of $50 for the registration.  
 30.21     (13) A psychologist licensed under section 148.907 or a 
 30.22  social worker licensed under section 148B.21 who uses or 
 30.23  supervises the use of a penile or vaginal plethysmograph in 
 30.24  assessing and treating individuals suspected of engaging in 
 30.25  aberrant sexual behavior and sex offenders. 
 30.26     (14) Any person issued a training course certificate or 
 30.27  credentialed by the emergency medical services regulatory board 
 30.28  established in chapter 144E, provided the person confines 
 30.29  activities within the scope of training at the certified or 
 30.30  credentialed level. 
 30.31     (15) An unlicensed complementary and alternative health 
 30.32  care practitioner practicing according to chapter 146A. 
 30.33     Sec. 22.  Minnesota Statutes 1998, section 148.512, 
 30.34  subdivision 5, is amended to read: 
 30.35     Subd. 5.  [APPROVED CONTINUING EDUCATION SPONSOR.] 
 30.36  "Approved Continuing education sponsor" means an organization 
 31.1   that offers a learning experience designed to promote continuing 
 31.2   competency in the procedures and techniques of the practice of 
 31.3   speech-language pathology or audiology and that meets whose 
 31.4   activities meet the criteria in section 148.5193, subdivision 3, 
 31.5   or is a preapproved sponsor listed in section 148.5193, 
 31.6   subdivision 2. 
 31.7      Sec. 23.  Minnesota Statutes 1998, section 148.515, 
 31.8   subdivision 3, is amended to read: 
 31.9      Subd. 3.  [SUPERVISED CLINICAL TRAINING REQUIRED.] (a) An 
 31.10  applicant must complete at least 375 hours of supervised 
 31.11  clinical training as a student that meets the requirements of 
 31.12  paragraphs (b) to (f).  
 31.13     (b) The supervised clinical training must be provided by 
 31.14  the educational institution or by one of its cooperating 
 31.15  programs.  
 31.16     (c) The first 25 hours of the supervised clinical training 
 31.17  must be spent in clinical observation.  Those 25 hours must 
 31.18  concern the evaluation and treatment of children and adults with 
 31.19  disorders of speech, language, or hearing.  
 31.20     (d) All applicants must complete at least 350 hours of 
 31.21  supervised clinical training that concern the evaluation and 
 31.22  treatment of children and adults with disorders of speech, 
 31.23  language, and hearing.  At least 250 of the 350 hours must be at 
 31.24  the graduate level in the area in which registration is sought.  
 31.25  At least 50 hours must be spent in each of three types of 
 31.26  clinical settings including, but not limited to, university 
 31.27  clinics, hospitals, private clinics, and schools, including 
 31.28  secondary and elementary.  
 31.29     (e) An applicant seeking registration as a speech-language 
 31.30  pathologist must: 
 31.31     (1) obtain 250 of the 350 supervised hours in 
 31.32  speech-language pathology; 
 31.33     (2) complete a minimum of 20 hours of the 250 hours in each 
 31.34  of the following eight categories: 
 31.35     (i) evaluation:  speech disorders in children; 
 31.36     (ii) evaluation:  speech disorders in adults; 
 32.1      (iii) evaluation:  language disorders in children; 
 32.2      (iv) evaluation:  language disorders in adults; 
 32.3      (v) treatment:  speech disorders in children; 
 32.4      (vi) treatment:  speech disorders in adults; 
 32.5      (vii) treatment:  language disorders in children; and 
 32.6      (viii) treatment:  language disorders in adults; 
 32.7      (3) complete a minimum of 35 hours in audiology including:  
 32.8      (i) 15 hours in the evaluation or screening of individuals 
 32.9   with hearing disorders; and 
 32.10     (ii) 15 hours in habilitation or rehabilitation of 
 32.11  individuals with hearing impairment 20 of the 350 hours in 
 32.12  audiology; and 
 32.13     (4) obtain no more than 20 hours in the major professional 
 32.14  area that are in related disorders.  
 32.15     (f) An applicant seeking registration as an audiologist 
 32.16  must: 
 32.17     (1) obtain 250 of the 350 hours in audiology; 
 32.18     (2) complete a minimum of 40 hours in each of the following 
 32.19  four categories of the 250 hours in each of the first two of the 
 32.20  following categories, complete at least 80 hours in categories 
 32.21  (iii) and (iv), with at least ten hours in each of categories 
 32.22  (i) to (iv), and complete at least 20 hours in category (v): 
 32.23     (i) evaluation:  hearing in children; 
 32.24     (ii) evaluation:  hearing in adults; 
 32.25     (iii) selection and use:  amplification and assistive 
 32.26  devices for children; and 
 32.27     (iv) selection and use:  amplification and assistive 
 32.28  devices for adults; and 
 32.29     (v) treatment:  hearing disorders in children and adults; 
 32.30     (3) complete a minimum of 20 hours in the category of the 
 32.31  treatment of hearing disorders in children and adults; 
 32.32     (4) complete a minimum of 35 hours 20 of the 350 hours in 
 32.33  speech-language pathology unrelated to hearing impairment as 
 32.34  follows:  
 32.35     (i) 15 hours in evaluation or screening; and 
 32.36     (ii) 15 hours in treatment; and 
 33.1      (5) (4) obtain no more than 20 hours in the major 
 33.2   professional area that are in related disorders.  
 33.3      Sec. 24.  Minnesota Statutes 1998, section 148.517, is 
 33.4   amended by adding a subdivision to read: 
 33.5      Subd. 4.  [TEMPORARY REGISTRATION.] (a) The commissioner 
 33.6   shall issue temporary registration as a speech-language 
 33.7   pathologist, an audiologist, or both, to an applicant who has 
 33.8   applied for registration under this section and who: 
 33.9      (1) submits a signed and dated affidavit stating that the 
 33.10  applicant is not the subject of a disciplinary action or past 
 33.11  disciplinary action in this or another jurisdiction and is not 
 33.12  disqualified on the basis of section 148.5195, subdivision 3; 
 33.13  and 
 33.14     (2) either: 
 33.15     (i) provides a copy of a current credential as a 
 33.16  speech-language pathologist, an audiologist, or both, held in 
 33.17  the District of Columbia or a state or territory of the United 
 33.18  States; or 
 33.19     (ii) provides a copy of a current certificate of clinical 
 33.20  competence issued by the American Speech-Language-Hearing 
 33.21  Association or its equivalent. 
 33.22     (b) A temporary registration issued to a person under this 
 33.23  subdivision expires 90 days after it is issued or on the date 
 33.24  the commissioner grants or denies registration, whichever occurs 
 33.25  first.  
 33.26     (c) Upon application, a temporary registration shall be 
 33.27  renewed once to a person who is able to demonstrate good cause 
 33.28  for failure to meet the requirements for registration within the 
 33.29  initial temporary registration period and who is not the subject 
 33.30  of a disciplinary action or disqualified on the basis of section 
 33.31  148.5195, subdivision 3. 
 33.32     Sec. 25.  Minnesota Statutes 1998, section 148.518, 
 33.33  subdivision 2, is amended to read: 
 33.34     Subd. 2.  [LAPSE OF MORE THAN THREE YEARS.] For an 
 33.35  applicant whose registered status has lapsed for more than three 
 33.36  years, the applicant must:  
 34.1      (1) apply for registration renewal according to section 
 34.2   148.5191 and obtain a qualifying score on the examination 
 34.3   described in section 148.515, subdivision 5, within one year of 
 34.4   the application date for registration renewal; or 
 34.5      (2) apply for renewal according to section 148.5191, 
 34.6   provide evidence to the commissioner that the applicant holds a 
 34.7   current and unrestricted credential for the practice of 
 34.8   speech-language pathology from the Minnesota board of teaching 
 34.9   or for the practice of speech-language pathology or audiology in 
 34.10  another jurisdiction that has requirements equivalent to or 
 34.11  higher than those in effect for Minnesota and provide evidence 
 34.12  of compliance with Minnesota board of teaching or that 
 34.13  jurisdiction's continuing education requirements.; 
 34.14     (3) apply for renewal according to section 148.5191 and 
 34.15  submit documentation of having completed a combination of 
 34.16  speech-language pathology or audiology courses or a 
 34.17  speech-language pathology or audiology refresher program that 
 34.18  contains both a theoretical and clinical component preapproved 
 34.19  or approved by the commissioner.  Only courses completed within 
 34.20  one year preceding the date of the application or one year after 
 34.21  the date of the application will qualify for approval; or 
 34.22     (4) apply for renewal according to section 148.5191 and 
 34.23  submit proof of successful completion and verified documentation 
 34.24  of 160 hours of supervised practice approved by the 
 34.25  commissioner.  To participate in a supervised practice, the 
 34.26  applicant shall first apply and obtain temporary registration 
 34.27  according to section 148.5161. 
 34.28     Sec. 26.  Minnesota Statutes 1998, section 148.5193, 
 34.29  subdivision 1, is amended to read: 
 34.30     Subdivision 1.  [NUMBER OF CONTACT HOURS REQUIRED.] (a) An 
 34.31  applicant for registration renewal must meet the requirements 
 34.32  for continuing education according to paragraphs (b) to (e).  
 34.33     (b) An applicant for registration renewal as either a 
 34.34  speech-language pathologist or an audiologist must provide 
 34.35  evidence to the commissioner of a minimum of 30 contact hours of 
 34.36  continuing education offered by an approved a continuing 
 35.1   education sponsor within the two years immediately preceding 
 35.2   registration renewal.  A minimum of 20 contact hours of 
 35.3   continuing education must be directly related to the 
 35.4   registrant's area of registration.  Ten contact hours of 
 35.5   continuing education may be in areas generally related to the 
 35.6   registrant's area of registration.  
 35.7      (c) An applicant for registration renewal as both a 
 35.8   speech-language pathologist and an audiologist must attest to 
 35.9   and document completion of a minimum of 36 contact hours of 
 35.10  continuing education offered by an approved a continuing 
 35.11  education sponsor within the two years immediately preceding 
 35.12  registration renewal.  A minimum of 15 contact hours must be 
 35.13  received in the area of speech-language pathology and a minimum 
 35.14  of 15 contact hours must be received in the area of audiology.  
 35.15  Six contact hours of continuing education may be in areas 
 35.16  generally related to the registrant's areas of registration.  
 35.17     (d) If the registrant is licensed by the board of teaching: 
 35.18     (1) activities that are approved in the categories of 
 35.19  Minnesota Rules, part 8700.1000, subpart 3, items A and B, and 
 35.20  that relate to speech-language pathology, shall be considered: 
 35.21     (i) offered by an approved a sponsor of continuing 
 35.22  education; and 
 35.23     (ii) directly related to speech-language pathology; 
 35.24     (2) activities that are approved in the categories of 
 35.25  Minnesota Rules, part 8700.1000, subpart 3, shall be considered: 
 35.26     (i) offered by an approved a sponsor of continuing 
 35.27  education; and 
 35.28     (ii) generally related to speech-language pathology; and 
 35.29     (3) one clock hour as defined in Minnesota Rules, part 
 35.30  8700.1000, subpart 1, is equivalent to 1.2 contact hours of 
 35.31  continuing education.  
 35.32     (e) Contact hours cannot be accumulated in advance and 
 35.33  transferred to a future continuing education period.  
 35.34     Sec. 27.  Minnesota Statutes 1998, section 148.5193, 
 35.35  subdivision 2, is amended to read: 
 35.36     Subd. 2.  [PREAPPROVED CONTINUING EDUCATION PROVIDED BY 
 36.1   SPONSORS.] The commissioner will accept continuing 
 36.2   education approved or sponsored by the Minnesota department of 
 36.3   health, the Minnesota Speech-Language-Hearing Association, the 
 36.4   American Speech-Language-Hearing Association, the American 
 36.5   Academy of Audiology, the Minnesota Academy of Audiology, the 
 36.6   Academy of Rehabilitative Audiologists, the Acoustical Society 
 36.7   of America, Twin Cities Clinical Speech-Language Pathologists, 
 36.8   Minnesota Foundation for Acoustical Education and Research, or 
 36.9   universities accredited by the American Speech-Language-Hearing 
 36.10  Association.  provided by sponsors if the continuing education 
 36.11  activity meets the following standards:  
 36.12     (1) constitutes an organized program of learning; 
 36.13     (2) reasonably expects to advance the knowledge and skills 
 36.14  of the speech-language pathologist or audiologist; 
 36.15     (3) pertains to subjects that relate to the practice of 
 36.16  speech-language pathology or audiology; 
 36.17     (4) is conducted by individuals who have education, 
 36.18  training, and experience by reason of which said individuals 
 36.19  should be considered experts concerning the subject matter of 
 36.20  the activity; and 
 36.21     (5) is presented by a sponsor who has a mechanism to verify 
 36.22  participation and maintains attendance records for four years. 
 36.23     Sec. 28.  Minnesota Statutes 1998, section 148.5193, 
 36.24  subdivision 4, is amended to read: 
 36.25     Subd. 4.  [EARNING CONTINUING EDUCATION CONTACT HOURS 
 36.26  THROUGH CONTACT HOUR EQUIVALENTS.] (a) A registrant who teaches 
 36.27  continuing education courses may obtain contact hour equivalents 
 36.28  according to paragraphs (b) to (d). 
 36.29     (b) The sponsor of the course must be approved by the 
 36.30  commissioner meet the requirements of subdivision 2.  
 36.31     (c) A registrant may not obtain more than six contact hours 
 36.32  in any two-year continuing education period by teaching 
 36.33  continuing education courses.  
 36.34     (d) A registrant may obtain two contact hours for each hour 
 36.35  spent teaching a course if the course is sponsored by an 
 36.36  approved continuing education sponsor.  Contact hours may be 
 37.1   claimed only once for teaching the same course in any two-year 
 37.2   continuing education period.  
 37.3      Sec. 29.  Minnesota Statutes 1998, section 148.5193, 
 37.4   subdivision 6, is amended to read: 
 37.5      Subd. 6.  [EVIDENCE RECORDS OF ATTENDANCE.] (a) A 
 37.6   registrant must maintain for four years records of attending the 
 37.7   continuing education contact hours required for registration 
 37.8   renewal.  
 37.9      (b) An applicant for registration renewal must submit the 
 37.10  following information on a form provided by the commissioner:  
 37.11  the sponsoring organization, the dates of the course, the course 
 37.12  name, the number of contact hours completed, and the name and 
 37.13  signature of the registrant.  The form must be submitted with 
 37.14  the renewal application under section 148.5191, subdivision 1.  
 37.15     Sec. 30.  Minnesota Statutes 1998, section 148.5193, is 
 37.16  amended by adding a subdivision to read: 
 37.17     Subd. 6a.  [VERIFICATION OF ATTENDANCE.] An applicant for 
 37.18  registration renewal must submit verification of attendance as 
 37.19  follows: 
 37.20     (1) a certificate of attendance from the sponsor with the 
 37.21  continuing education course name, course date, and registrant's 
 37.22  name; 
 37.23     (2) a copy of a record of attendance from the sponsor of 
 37.24  the continuing education course; 
 37.25     (3) a signature of the presenter or a designee at the 
 37.26  continuing education activity on the continuing education report 
 37.27  form; 
 37.28     (4) a summary or outline of the educational content of an 
 37.29  audio or video educational activity if a designee is not 
 37.30  available to sign the continuing education report form; 
 37.31     (5) for self-study programs, a certificate of completion or 
 37.32  other documentation indicating that the individual has 
 37.33  demonstrated knowledge and has successfully completed the 
 37.34  program; and 
 37.35     (6) for attendance at a university, college, or vocational 
 37.36  course, an official transcript. 
 38.1      Sec. 31.  Minnesota Statutes 1998, section 148.5196, 
 38.2   subdivision 3, is amended to read: 
 38.3      Subd. 3.  [DUTIES.] The advisory council shall:  
 38.4      (1) advise the commissioner regarding speech-language 
 38.5   pathologist and audiologist registration standards; 
 38.6      (2) advise the commissioner on enforcement of sections 
 38.7   148.511 to 148.5196; 
 38.8      (3) provide for distribution of information regarding 
 38.9   speech-language pathologist and audiologist registration 
 38.10  standards; 
 38.11     (4) review applications and make recommendations to the 
 38.12  commissioner on granting or denying registration or registration 
 38.13  renewal; 
 38.14     (5) review reports of investigations relating to 
 38.15  individuals and make recommendations to the commissioner as to 
 38.16  whether registration should be denied or disciplinary action 
 38.17  taken against the individual; 
 38.18     (6) advise the commissioner regarding approval of 
 38.19  continuing education activities provided by sponsors using the 
 38.20  criteria in section 148.5193, subdivision 3 2; and 
 38.21     (7) perform other duties authorized for advisory councils 
 38.22  under chapter 214, or as directed by the commissioner. 
 38.23     Sec. 32.  Minnesota Statutes 1998, section 148B.60, 
 38.24  subdivision 3, is amended to read: 
 38.25     Subd. 3.  [UNLICENSED MENTAL HEALTH PRACTITIONER OR 
 38.26  PRACTITIONER.] "Unlicensed mental health practitioner" or 
 38.27  "practitioner" means a person who provides or purports to 
 38.28  provide, for remuneration, mental health services as defined in 
 38.29  subdivision 4.  It does not include persons licensed by the 
 38.30  board of medical practice under chapter 147 or registered by the 
 38.31  board of medical practice under chapter 147A; the board of 
 38.32  nursing under sections 148.171 to 148.285; the board of 
 38.33  psychology under sections 148.88 to 148.98; the board of social 
 38.34  work under sections 148B.18 to 148B.289; the board of marriage 
 38.35  and family therapy under sections 148B.29 to 148B.39; or another 
 38.36  licensing board if the person is practicing within the scope of 
 39.1   the license; or members of the clergy who are providing pastoral 
 39.2   services in the context of performing and fulfilling the 
 39.3   salaried duties and obligations required of a member of the 
 39.4   clergy by a religious congregation; American Indian medicine men 
 39.5   and women; licensed attorneys; probation officers; school 
 39.6   counselors employed by a school district while acting within the 
 39.7   scope of employment as school counselors; registered 
 39.8   occupational therapists; or occupational therapy assistants.  
 39.9   For the purposes of complaint investigation or disciplinary 
 39.10  action relating to an individual practitioner, the term includes:
 39.11     (1) persons employed by a program licensed by the 
 39.12  commissioner of human services who are acting as mental health 
 39.13  practitioners within the scope of their employment; 
 39.14     (2) persons employed by a program licensed by the 
 39.15  commissioner of human services who are providing chemical 
 39.16  dependency counseling services; persons who are providing 
 39.17  chemical dependency counseling services in private practice; and 
 39.18     (3) clergy who are providing mental health services that 
 39.19  are equivalent to those defined in subdivision 4. 
 39.20     Sec. 33.  Minnesota Statutes 1998, section 148B.68, 
 39.21  subdivision 1, is amended to read: 
 39.22     Subdivision 1.  [PROHIBITED CONDUCT.] The commissioner may 
 39.23  impose disciplinary action as described in section 148B.69 
 39.24  against any unlicensed mental health practitioner.  The 
 39.25  following conduct is prohibited and is grounds for disciplinary 
 39.26  action: 
 39.27     (a) Conviction of a crime, including a finding or verdict 
 39.28  of guilt, an admission of guilt, or a no contest plea, in any 
 39.29  court in Minnesota or any other jurisdiction in the United 
 39.30  States, reasonably related to the provision of mental health 
 39.31  services.  Conviction, as used in this subdivision, includes a 
 39.32  conviction of an offense which, if committed in this state, 
 39.33  would be deemed a felony or gross misdemeanor without regard to 
 39.34  its designation elsewhere, or a criminal proceeding where a 
 39.35  finding or verdict of guilty is made or returned but the 
 39.36  adjudication of guilt is either withheld or not entered. 
 40.1      (b) Conviction of crimes against persons.  For purposes of 
 40.2   this chapter, a crime against a person means violations of the 
 40.3   following:  sections 609.185; 609.19; 609.195; 609.20; 609.205; 
 40.4   609.21; 609.215; 609.221; 609.222; 609.223; 609.224; 609.2242; 
 40.5   609.23; 609.231; 609.2325; 609.233; 609.2335; 609.235; 609.24; 
 40.6   609.245; 609.25; 609.255; 609.26, subdivision 1, clause (1) or 
 40.7   (2); 609.265; 609.342; 609.343; 609.344; 609.345; 609.365; 
 40.8   609.498, subdivision 1; 609.50, clause (1); 609.561; 609.562; 
 40.9   609.595; and 609.72, subdivision 3. 
 40.10     (c) Failure to comply with the self-reporting requirements 
 40.11  of section 148B.63, subdivision 7. 
 40.12     (d) Engaging in sexual contact with a client or former 
 40.13  client as defined in section 148A.01, or engaging in contact 
 40.14  that may be reasonably interpreted by a client as sexual, or 
 40.15  engaging in any verbal behavior that is seductive or sexually 
 40.16  demeaning to the patient, or engaging in sexual exploitation of 
 40.17  a client or former client. 
 40.18     (e) Advertising that is false, fraudulent, deceptive, or 
 40.19  misleading. 
 40.20     (f) Conduct likely to deceive, defraud, or harm the public; 
 40.21  or demonstrating a willful or careless disregard for the health, 
 40.22  welfare, or safety of a client; or any other practice that may 
 40.23  create unnecessary danger to any client's life, health, or 
 40.24  safety, in any of which cases, proof of actual injury need not 
 40.25  be established. 
 40.26     (g) Adjudication as mentally incompetent, or as a person 
 40.27  who is dangerous to self, or adjudication pursuant to chapter 
 40.28  253B, as chemically dependent, mentally ill, mentally retarded, 
 40.29  mentally ill and dangerous to the public, or as a sexual 
 40.30  psychopathic personality or sexually dangerous person. 
 40.31     (h) Inability to provide mental health services with 
 40.32  reasonable safety to clients. 
 40.33     (i) The habitual overindulgence in the use of or the 
 40.34  dependence on intoxicating liquors. 
 40.35     (j) Improper or unauthorized personal or other use of any 
 40.36  legend drugs as defined in chapter 151, any chemicals as defined 
 41.1   in chapter 151, or any controlled substance as defined in 
 41.2   chapter 152. 
 41.3      (k) Revealing a communication from, or relating to, a 
 41.4   client except when otherwise required or permitted by law. 
 41.5      (l) Failure to comply with a client's request made under 
 41.6   section 144.335, or to furnish a client record or report 
 41.7   required by law. 
 41.8      (m) Splitting fees or promising to pay a portion of a fee 
 41.9   to any other professional other than for services rendered by 
 41.10  the other professional to the client. 
 41.11     (n) Engaging in abusive or fraudulent billing practices, 
 41.12  including violations of the federal Medicare and Medicaid laws 
 41.13  or state medical assistance laws. 
 41.14     (o) Failure to make reports as required by section 148B.63, 
 41.15  or cooperate with an investigation of the office. 
 41.16     (p) Obtaining money, property, or services from a client, 
 41.17  other than reasonable fees for services provided to the client, 
 41.18  through the use of undue influence, harassment, duress, 
 41.19  deception, or fraud. 
 41.20     (q) Undertaking or continuing a professional relationship 
 41.21  with a client in which the objectivity of the professional would 
 41.22  be impaired. 
 41.23     (r) Failure to provide the client with a copy of the client 
 41.24  bill of rights or violation of any provision of the client bill 
 41.25  of rights. 
 41.26     (s) Violating any order issued by the commissioner. 
 41.27     (t) Failure to comply with sections 148B.60 to 148B.71, and 
 41.28  the rules adopted under those sections. 
 41.29     (u) Failure to comply with any additional disciplinary 
 41.30  grounds established by the commissioner by rule. 
 41.31     (v) Revocation, suspension, restriction, limitation, or 
 41.32  other disciplinary action against the mental health 
 41.33  practitioner's license, certificate, registration, or right of 
 41.34  practice in this or another state or jurisdiction, for offenses 
 41.35  that would be subject to disciplinary action in this state, or 
 41.36  failure to report to the office of mental health practice that 
 42.1   charges regarding the practitioner's license, certificate, 
 42.2   registration, or right of practice have been brought in this or 
 42.3   another state or jurisdiction. 
 42.4      (w) Bartering for services with a client. 
 42.5      Sec. 34.  Minnesota Statutes 1998, section 148B.69, is 
 42.6   amended by adding a subdivision to read: 
 42.7      Subd. 7.  [RELEASE TO OBTAIN NONPUBLIC DATA.] An unlicensed 
 42.8   mental health practitioner who is the subject of an 
 42.9   investigation must sign a release authorizing the commissioner 
 42.10  to obtain criminal conviction data, reports about abuse or 
 42.11  neglect of clients, and other information pertaining to 
 42.12  investigations of violations of statutes or rules from the 
 42.13  bureau of criminal apprehension, the Federal Bureau of 
 42.14  Investigation, the department of human services, the office of 
 42.15  health facilities complaints, private certification 
 42.16  organizations, county social service agencies, the division of 
 42.17  driver and vehicle services in the department of public safety, 
 42.18  adult protection services, child protection services, and other 
 42.19  agencies that regulate provision of health care services.  After 
 42.20  the commissioner gives written notice to an individual who is 
 42.21  the subject of an investigation, the agencies shall assist the 
 42.22  commissioner with the investigation by giving the commissioner 
 42.23  the requested data. 
 42.24     Sec. 35.  Minnesota Statutes 1998, section 148B.71, 
 42.25  subdivision 1, is amended to read: 
 42.26     Subdivision 1.  [SCOPE.] All unlicensed mental health 
 42.27  practitioners, other than those providing services in a facility 
 42.28  regulated under section 144.651 or a government agency or 
 42.29  program licensed by the commissioner of health or the 
 42.30  commissioner of human services, shall provide to each client 
 42.31  prior to providing treatment a written copy of the mental health 
 42.32  client bill of rights.  A copy must also be posted in a 
 42.33  prominent location in the office of the mental health 
 42.34  practitioner.  Reasonable accommodations shall be made for those 
 42.35  clients who cannot read or who have communication impairments 
 42.36  and those who do not read or speak English.  The mental health 
 43.1   client bill of rights shall include the following: 
 43.2      (a) the name, title, business address, and telephone number 
 43.3   of the practitioner; 
 43.4      (b) the degrees, training, experience, or other 
 43.5   qualifications of the practitioner, followed by the following 
 43.6   statement in bold print: 
 43.7      "THE STATE OF MINNESOTA HAS NOT ADOPTED UNIFORM EDUCATIONAL 
 43.8   AND TRAINING STANDARDS FOR ALL MENTAL HEALTH PRACTITIONERS.  
 43.9   THIS STATEMENT OF CREDENTIALS IS FOR INFORMATION PURPOSES ONLY." 
 43.10     (c) the name, business address, and telephone number of the 
 43.11  practitioner's supervisor, if any; 
 43.12     (d) notice that a client has the right to file a complaint 
 43.13  with the practitioner's supervisor, if any, and the procedure 
 43.14  for filing complaints; 
 43.15     (e) the name, address, and telephone number of the office 
 43.16  of mental health practice and notice that a client may file 
 43.17  complaints with the office; 
 43.18     (f) the practitioner's fees per unit of service, the 
 43.19  practitioner's method of billing for such fees, the names of any 
 43.20  insurance companies that have agreed to reimburse the 
 43.21  practitioner, or health maintenance organizations with whom the 
 43.22  practitioner contracts to provide service, whether the 
 43.23  practitioner accepts Medicare, medical assistance, or general 
 43.24  assistance medical care, and whether the practitioner is willing 
 43.25  to accept partial payment, or to waive payment, and in what 
 43.26  circumstances; 
 43.27     (g) a statement that the client has a right to reasonable 
 43.28  notice of changes in services or charges; 
 43.29     (h) a brief summary, in plain language, of the theoretical 
 43.30  approach used by the practitioner in treating patients; 
 43.31     (i) notice that the client has a right to complete and 
 43.32  current information concerning the practitioner's assessment and 
 43.33  recommended course of treatment, including the expected duration 
 43.34  of treatment; 
 43.35     (j) a statement that clients may expect courteous treatment 
 43.36  and to be free from verbal, physical, or sexual abuse by the 
 44.1   practitioner; 
 44.2      (k) a statement that client records and transactions with 
 44.3   the practitioner are confidential, unless release of these 
 44.4   records is authorized in writing by the client, or otherwise 
 44.5   provided by law; 
 44.6      (l) a statement of the client's right to be allowed access 
 44.7   to records and written information from records in accordance 
 44.8   with section 144.335; 
 44.9      (m) a statement that other services may be available in the 
 44.10  community, including where information concerning services is 
 44.11  available; 
 44.12     (n) a statement that the client has the right to choose 
 44.13  freely among available practitioners, and to change 
 44.14  practitioners after services have begun, within the limits of 
 44.15  health insurance, medical assistance, or other health programs; 
 44.16     (o) a statement that the client has a right to coordinated 
 44.17  transfer when there will be a change in the provider of 
 44.18  services; 
 44.19     (p) a statement that the client may refuse services or 
 44.20  treatment, unless otherwise provided by law; and 
 44.21     (q) a statement that the client may assert the client's 
 44.22  rights without retaliation. 
 44.23     Sec. 36.  Minnesota Statutes 1998, section 148C.01, 
 44.24  subdivision 2, is amended to read: 
 44.25     Subd. 2.  [ALCOHOL AND DRUG COUNSELOR.] "Alcohol and drug 
 44.26  counselor" or "counselor" means a person who: 
 44.27     (1) uses, as a representation to the public, any title, 
 44.28  initials, or description of services incorporating the words 
 44.29  "alcohol and drug counselor"; 
 44.30     (2) offers to render professional alcohol and drug 
 44.31  counseling services relative to the abuse of or the dependency 
 44.32  on alcohol or other drugs to the general public or groups, 
 44.33  organizations, corporations, institutions, or government 
 44.34  agencies for compensation, implying that the person is licensed 
 44.35  and trained, experienced or expert in alcohol and drug 
 44.36  counseling; 
 45.1      (3) holds a valid license issued under sections 148C.01 to 
 45.2   148C.11 to engage in the practice of alcohol and drug 
 45.3   counseling; or 
 45.4      (4) is an applicant for an alcohol and drug counseling 
 45.5   license.  
 45.6      Sec. 37.  Minnesota Statutes 1998, section 148C.01, 
 45.7   subdivision 7, is amended to read: 
 45.8      Subd. 7.  [ACCREDITED SCHOOL OR EDUCATIONAL PROGRAM.] 
 45.9   "Accredited school or educational program" means a school of 
 45.10  alcohol and drug counseling, university, college, or other 
 45.11  post-secondary education program that offers no less than the 
 45.12  required number of education and practicum hours as described in 
 45.13  section 148C.04, subdivision 3, and the core functions as 
 45.14  defined in subdivision 9, and that, at the time the student 
 45.15  completes the program, is accredited by a regional accrediting 
 45.16  association whose standards are substantially equivalent to 
 45.17  those of the North Central Association of Colleges and 
 45.18  Post-Secondary Education Institutions or an accrediting 
 45.19  association that evaluates schools of alcohol and drug 
 45.20  counseling for inclusion of the education, practicum, and core 
 45.21  function standards in this chapter.  
 45.22     Sec. 38.  Minnesota Statutes 1998, section 148C.01, 
 45.23  subdivision 9, is amended to read: 
 45.24     Subd. 9.  [CORE FUNCTIONS.] "Core functions" means the 
 45.25  following services provided in alcohol and drug dependency 
 45.26  treatment:  
 45.27     (1) "Screening" means the process by which a client is 
 45.28  determined appropriate and eligible for admission to a 
 45.29  particular program. 
 45.30     (2) "Intake" means the administrative and initial 
 45.31  assessment procedures for admission to a program. 
 45.32     (3) "Orientation" means describing to the client the 
 45.33  general nature and goals of the program; rules governing client 
 45.34  conduct and infractions that can lead to disciplinary action or 
 45.35  discharge from the program; in a nonresidential program, the 
 45.36  hours during which services are available; treatment costs to be 
 46.1   borne by the client, if any; and client's rights. 
 46.2      (4) "Assessment" means those procedures by which a 
 46.3   counselor identifies and evaluates an individual's strengths, 
 46.4   weaknesses, problems, and needs for the development of the to 
 46.5   develop a treatment plan or make recommendations for level of 
 46.6   care placement. 
 46.7      (5) "Treatment planning" means the process by which the 
 46.8   counselor and the client identify and rank problems needing 
 46.9   resolution; establish agreed upon immediate and long-term goals; 
 46.10  and decide on a treatment process and the sources to be utilized.
 46.11     (6) "Counseling" means the utilization of special skills to 
 46.12  assist individuals, families, or groups in achieving objectives 
 46.13  through exploration of a problem and its ramifications; 
 46.14  examination of attitudes and feelings; consideration of 
 46.15  alternative solutions; and decision making. 
 46.16     (7) "Case management" means activities which bring 
 46.17  services, agencies, resources, or people together within a 
 46.18  planned framework of action toward the achievement of 
 46.19  established goals. 
 46.20     (8) "Crisis intervention" means those services which 
 46.21  respond to an alcohol or other drug user's needs during acute 
 46.22  emotional or physical distress. 
 46.23     (9) "Client education" means the provision of information 
 46.24  to clients who are receiving or seeking counseling concerning 
 46.25  alcohol and other drug abuse and the available services and 
 46.26  resources. 
 46.27     (10) "Referral" means identifying the needs of the client 
 46.28  which cannot be met by the counselor or agency and assisting the 
 46.29  client to utilize the support systems and available community 
 46.30  resources. 
 46.31     (11) "Reports and recordkeeping" means charting the results 
 46.32  of the assessment and treatment plan, writing reports, progress 
 46.33  notes, discharge summaries, and other client-related data. 
 46.34     (12) "Consultation with other professionals regarding 
 46.35  client treatment and services" means communicating with other 
 46.36  professionals in regard to client treatment and services to 
 47.1   assure comprehensive, quality care for the client. 
 47.2      Sec. 39.  Minnesota Statutes 1998, section 148C.01, 
 47.3   subdivision 10, is amended to read: 
 47.4      Subd. 10.  [PRACTICE OF ALCOHOL AND DRUG COUNSELING.] 
 47.5   "Practice of alcohol and drug counseling" means the observation, 
 47.6   description, evaluation, interpretation, and modification of 
 47.7   human behavior as it relates to the harmful or pathological use 
 47.8   or abuse of alcohol or other drugs by the application of the 
 47.9   core functions.  The practice of alcohol and drug counseling 
 47.10  includes, but is not limited to, the following activities, 
 47.11  regardless of whether the counselor receives compensation for 
 47.12  the activities: 
 47.13     (1) assisting clients who use alcohol or drugs, evaluating 
 47.14  that use, and recognizing dependency if it exists; 
 47.15     (2) assisting clients with alcohol or other drug problems 
 47.16  to gain insight and motivation aimed at resolving those 
 47.17  problems; 
 47.18     (3) providing experienced professional guidance, 
 47.19  assistance, and support for the client's efforts to develop and 
 47.20  maintain a responsible functional lifestyle; 
 47.21     (4) recognizing problems outside the scope of the 
 47.22  counselor's training, skill, or competence and referring the 
 47.23  client to other appropriate professional services; 
 47.24     (5) assessing the level of alcohol or other drug use 
 47.25  involvement; 
 47.26     (6) individual planning to prevent a return to harmful 
 47.27  alcohol or chemical use; 
 47.28     (7) alcohol and other drug abuse education for clients; 
 47.29     (8) consultation with other professionals; and 
 47.30     (9) gaining cultural competence through ongoing training 
 47.31  and education according to standards established by rule; and 
 47.32     (10) providing the above services, as needed, to family 
 47.33  members or others who are directly affected by someone using 
 47.34  alcohol or other drugs. 
 47.35     Sec. 40.  Minnesota Statutes 1998, section 148C.01, is 
 47.36  amended by adding a subdivision to read: 
 48.1      Subd. 18.  [PSYCHOMETRICALLY VALID AND 
 48.2   RELIABLE.] "Psychometrically valid and reliable" means developed 
 48.3   on the basis of role delineation, validation, reliability, 
 48.4   passing point, and sensitivity review factors, according to 
 48.5   generally accepted standards. 
 48.6      Sec. 41.  Minnesota Statutes 1998, section 148C.03, 
 48.7   subdivision 1, is amended to read: 
 48.8      Subdivision 1.  [GENERAL.] The commissioner shall, after 
 48.9   consultation with the advisory council or a committee 
 48.10  established by rule: 
 48.11     (a) adopt and enforce rules for licensure of alcohol and 
 48.12  drug counselors, including establishing standards and methods of 
 48.13  determining whether applicants and licensees are qualified under 
 48.14  section 148C.04.  The rules must provide for examinations and 
 48.15  establish standards for the regulation of professional conduct.  
 48.16  The rules must be designed to protect the public; 
 48.17     (b) develop and, at least twice a year, administer an 
 48.18  examination to assess applicants' knowledge and skills.  The 
 48.19  commissioner may contract for the administration of an 
 48.20  examination approved by the International Certification 
 48.21  Reciprocity Consortium/Alcohol and Other Drug Abuse 
 48.22  (ICRC/AODA) with an entity designated by the commissioner.  The 
 48.23  examinations must be psychometrically valid and reliable; must 
 48.24  be written and oral, with the oral examination based on a 
 48.25  written case presentation; must minimize cultural bias,; and 
 48.26  must be balanced in various theories relative to the practice of 
 48.27  alcohol and drug counseling; 
 48.28     (c) issue licenses to individuals qualified under sections 
 48.29  148C.01 to 148C.11; 
 48.30     (d) issue copies of the rules for licensure to all 
 48.31  applicants; 
 48.32     (e) adopt rules to establish and implement procedures, 
 48.33  including a standard disciplinary process and rules of 
 48.34  professional conduct; 
 48.35     (f) carry out disciplinary actions against licensees; 
 48.36     (g) establish, with the advice and recommendations of the 
 49.1   advisory council, written internal operating procedures for 
 49.2   receiving and investigating complaints and for taking 
 49.3   disciplinary actions as appropriate; 
 49.4      (h) educate the public about the existence and content of 
 49.5   the rules for alcohol and drug counselor licensing to enable 
 49.6   consumers to file complaints against licensees who may have 
 49.7   violated the rules; 
 49.8      (i) evaluate the rules in order to refine and improve the 
 49.9   methods used to enforce the commissioner's standards; 
 49.10     (j) set, collect, and adjust license fees for alcohol and 
 49.11  drug counselors so that the total fees collected will as closely 
 49.12  as possible equal anticipated expenditures during the biennium, 
 49.13  as provided in section 16A.1285; fees for initial and renewal 
 49.14  application and examinations; late fees for counselors who 
 49.15  submit license renewal applications after the renewal deadline; 
 49.16  and a surcharge fee.  The surcharge fee must include an amount 
 49.17  necessary to recover, over a five-year period, the 
 49.18  commissioner's direct expenditures for the adoption of the rules 
 49.19  providing for the licensure of alcohol and drug counselors.  All 
 49.20  fees received shall be deposited in the state treasury and 
 49.21  credited to the special revenue fund; and 
 49.22     (k) prepare reports on activities related to the licensure 
 49.23  of alcohol and drug counselors according to this subdivision by 
 49.24  October 1 of each even-numbered year.  Copies of the reports 
 49.25  shall be delivered to the legislature in accordance with section 
 49.26  3.195 and to the governor.  The reports shall contain the 
 49.27  following information on the commissioner's activities relating 
 49.28  to the licensure of alcohol and drug counselors, for the 
 49.29  two-year period ending the previous June 30: 
 49.30     (1) a general statement of the activities; 
 49.31     (2) the number of staff hours spent on the activities; 
 49.32     (3) the receipts and disbursements of funds; 
 49.33     (4) the names of advisory council members and their 
 49.34  addresses, occupations, and dates of appointment and 
 49.35  reappointment; 
 49.36     (5) the names and job classifications of employees; 
 50.1      (6) a brief summary of rules proposed or adopted during the 
 50.2   reporting period with appropriate citations to the State 
 50.3   Register and published rules; 
 50.4      (7) the number of persons having each type of license 
 50.5   issued by the commissioner as of June 30 in the year of the 
 50.6   report; 
 50.7      (8) the locations and dates of the administration of 
 50.8   examinations by the commissioner; 
 50.9      (9) the number of persons examined by the commissioner with 
 50.10  the persons subdivided into groups showing age categories, sex, 
 50.11  and states of residency; 
 50.12     (10) the number of persons licensed by the commissioner 
 50.13  after taking the examinations referred to in clause (8) with the 
 50.14  persons subdivided by age categories, sex, and states of 
 50.15  residency; 
 50.16     (11) the number of persons not licensed by the commissioner 
 50.17  after taking the examinations referred to in clause (8) with the 
 50.18  persons subdivided by age categories, sex, and states of 
 50.19  residency; 
 50.20     (12) the number of persons not taking the examinations 
 50.21  referred to in clause (8) who were licensed by the commissioner 
 50.22  or who were denied licensing, the reasons for the licensing or 
 50.23  denial, and the persons subdivided by age categories, sex, and 
 50.24  states of residency; 
 50.25     (13) the number of persons previously licensed by the 
 50.26  commissioner whose licenses were revoked, suspended, or 
 50.27  otherwise altered in status with brief statements of the reasons 
 50.28  for the revocation, suspension, or alteration; 
 50.29     (14) the number of written and oral complaints and other 
 50.30  communications received by the commissioner which allege or 
 50.31  imply a violation of a statute or rule which the commissioner is 
 50.32  empowered to enforce; 
 50.33     (15) a summary, by specific category, of the substance of 
 50.34  the complaints and communications referred to in clause (14) 
 50.35  and, for each specific category, the responses or dispositions; 
 50.36  and 
 51.1      (16) any other objective information which the commissioner 
 51.2   believes will be useful in reviewing the commissioner's 
 51.3   activities. 
 51.4      Sec. 42.  Minnesota Statutes 1998, section 148C.04, 
 51.5   subdivision 3, is amended to read: 
 51.6      Subd. 3.  [LICENSING REQUIREMENTS FOR THE FIRST FIVE 
 51.7   YEARS.] For five years after the effective date of the rules 
 51.8   authorized in section 148C.03, the applicant, unless qualified 
 51.9   under section 148C.06 during the two-year 25-month period 
 51.10  authorized therein, under section 148C.07, or under subdivision 
 51.11  4, must furnish evidence satisfactory to the commissioner that 
 51.12  the applicant has met all the requirements in clauses (1) to (3).
 51.13  The applicant must have: 
 51.14     (1) received an associate degree, or an equivalent number 
 51.15  of credit hours, and a certificate in alcohol and drug 
 51.16  counseling including 270 clock hours of alcohol and drug 
 51.17  counseling classroom education from an accredited school or 
 51.18  educational program and 880 clock hours of alcohol and drug 
 51.19  counseling practicum; 
 51.20     (2) completed a written case presentation and 
 51.21  satisfactorily passed an oral examination that demonstrates 
 51.22  competence in the core functions; and 
 51.23     (3) satisfactorily passed a written examination as 
 51.24  established by the commissioner. 
 51.25     Sec. 43.  Minnesota Statutes 1998, section 148C.04, is 
 51.26  amended by adding a subdivision to read: 
 51.27     Subd. 6.  [TEMPORARY PRACTICE REQUIREMENTS.] (a) A person 
 51.28  may temporarily practice alcohol and drug counseling prior to 
 51.29  being licensed under this chapter if the person: 
 51.30     (1) either: 
 51.31     (i) meets the associate degree education and practicum 
 51.32  requirements of subdivision 3, clause (1); or 
 51.33     (ii) meets the bachelor's degree education and practicum 
 51.34  requirements of subdivision 4, clause (1), item (i); 
 51.35     (2) within 60 days of meeting the requirements of 
 51.36  subdivision 3, clause (1), or subdivision 4, clause (1), item 
 52.1   (i), requests, in writing, temporary practice status with the 
 52.2   commissioner on an application form according to section 
 52.3   148C.0351, which includes the nonrefundable license fee and an 
 52.4   affirmation by the person's supervisor, as defined in paragraph 
 52.5   (b), clause (1), and which is signed and dated by the person and 
 52.6   the person's supervisor; 
 52.7      (3) has not been disqualified to practice temporarily on 
 52.8   the basis of a background investigation under section 148C.09, 
 52.9   subdivision 1a; and 
 52.10     (4) has been notified in writing by the commissioner that 
 52.11  the person is qualified to practice under this subdivision. 
 52.12     (b) A person practicing under this subdivision: 
 52.13     (1) may practice only in a program licensed by the 
 52.14  department of human services and under the direct, on-site 
 52.15  supervision of a person who is licensed under this chapter and 
 52.16  employed in that licensed program; 
 52.17     (2) is subject to the rules of professional conduct set by 
 52.18  rule; 
 52.19     (3) is not subject to the continuing education requirements 
 52.20  of section 148C.05; and 
 52.21     (4) must be licensed according to this chapter within 12 
 52.22  months of meeting the requirements of subdivision 3, clause (1), 
 52.23  or subdivision 4, clause (1), item (i). 
 52.24     (c) Upon written request, the commissioner may extend a 
 52.25  person's temporary status if the person practices in a program 
 52.26  described in section 148C.11, subdivision 3, paragraph (b), 
 52.27  clause (2). 
 52.28     (d) A person practicing under this subdivision may not hold 
 52.29  himself or herself out to the public by any title or description 
 52.30  stating or implying that the person is licensed to engage in the 
 52.31  practice of alcohol and drug counseling. 
 52.32     Sec. 44.  Minnesota Statutes 1998, section 148C.04, is 
 52.33  amended by adding a subdivision to read: 
 52.34     Subd. 7.  [EFFECT AND SUSPENSION OF TEMPORARY 
 52.35  PRACTICE.] Approval of a person's application for temporary 
 52.36  practice creates no rights to or expectation of approval from 
 53.1   the commissioner for licensure as an alcohol and drug 
 53.2   counselor.  The commissioner may suspend or restrict a person's 
 53.3   temporary practice status according to section 148C.09. 
 53.4      Sec. 45.  Minnesota Statutes 1998, section 148C.06, 
 53.5   subdivision 1, is amended to read: 
 53.6      Subdivision 1.  [QUALIFICATIONS.] For two years 25 months 
 53.7   from the effective date of the rules authorized in section 
 53.8   148C.03, subdivision 1, the commissioner shall issue a license 
 53.9   to an applicant if the applicant meets one of the following 
 53.10  qualifications:  
 53.11     (a) is credentialed as a certified chemical dependency 
 53.12  counselor (CCDC) or certified chemical dependency counselor 
 53.13  reciprocal (CCDCR) by the Institute for Chemical Dependency 
 53.14  Professionals of Minnesota, Inc.; graduates from an accredited 
 53.15  school or education program with a certificate of completion in 
 53.16  alcohol and drug counselor studies that includes a minimum of 
 53.17  270 clock hours of formal classroom education and 880 clock 
 53.18  hours of alcohol and drug counselor internship and passes both 
 53.19  the written and oral examinations according to this chapter; or 
 53.20  has 2,080 hours of supervised alcohol and drug counselor 
 53.21  experience, 270 clock hours of alcohol and drug counselor 
 53.22  training with a minimum of 60 hours of the training occurring 
 53.23  within the past five years, and 300 hours of alcohol and drug 
 53.24  counselor internship and successfully completes the examination 
 53.25  requirements in section 148C.04, subdivision 3, clauses (2) and 
 53.26  (3); 
 53.27     (b) has 6,000 hours of supervised alcohol and drug 
 53.28  counselor experience as defined by the core functions, 270 clock 
 53.29  hours of alcohol and drug counselor training with a minimum of 
 53.30  60 hours of this training occurring within the past five years, 
 53.31  300 hours of alcohol and drug counselor internship, and has 
 53.32  successfully completed the examination requirements in section 
 53.33  148C.04, subdivision 3, clauses (2) and (3); 
 53.34     (c) has 10,000 hours of supervised alcohol and drug 
 53.35  counselor experience as defined by the core functions, 270 clock 
 53.36  hours of alcohol and drug training with a minimum of 60 hours of 
 54.1   this training occurring within the past five years, and has 
 54.2   successfully completed the requirements in section 148C.04, 
 54.3   subdivision 3, clause (2) or (3), or is credentialed as a 
 54.4   certified chemical dependency practitioner (CCDP) by the 
 54.5   Institute for Chemical Dependency Professionals of Minnesota, 
 54.6   Inc.; or 
 54.7      (d) has 14,000 hours of supervised alcohol and drug 
 54.8   counselor experience as defined by the core functions and 270 
 54.9   clock hours of alcohol and drug training with a minimum of 60 
 54.10  hours of this training occurring within the past five years; or 
 54.11     (e) has met the special licensing criteria established 
 54.12  pursuant to section 148C.11.  
 54.13     Sec. 46.  Minnesota Statutes 1998, section 148C.06, 
 54.14  subdivision 2, is amended to read: 
 54.15     Subd. 2.  [DOCUMENTATION OF STATUS; CERTAIN APPLICANTS.] 
 54.16  (a) A licensure applications applicant under subdivision 1, 
 54.17  paragraphs (a) and (c), may document certified status by 
 54.18  submitting to the commissioner an original and current 
 54.19  certificate issued by an international certification and 
 54.20  reciprocity consortium board in this or another jurisdiction. 
 54.21     (b) A licensure applicant under subdivision 1, paragraphs 
 54.22  (b) and (c), must be deemed eligible for licensure within the 
 54.23  transition period, provided the applicant: 
 54.24     (1) made the application to the administrator of the exam 
 54.25  or exams required by the commissioner before January 28, 2000; 
 54.26     (2) passed the required examinations before January 28, 
 54.27  2001; and 
 54.28     (3) meets all other requirements for licensure under this 
 54.29  section. 
 54.30     Sec. 47.  Minnesota Statutes 1998, section 148C.09, 
 54.31  subdivision 1, is amended to read: 
 54.32     Subdivision 1.  [GROUNDS.] The commissioner may refuse to 
 54.33  grant a license to, or may suspend, revoke, or restrict the 
 54.34  license of an individual if the commissioner determines that a 
 54.35  licensee or applicant:  
 54.36     (1) is incompetent to engage in alcohol and drug counseling 
 55.1   practice or is found to be engaged in alcohol and drug 
 55.2   counseling practice in a manner harmful or dangerous to a client 
 55.3   or the public; 
 55.4      (2) has violated the rules of the commissioner or the 
 55.5   statutes the commissioner is empowered to enforce; or any law, 
 55.6   rule order, stipulation and consent order, agreement, or 
 55.7   settlement; 
 55.8      (3) has obtained or attempted to obtain a license or 
 55.9   license renewal by bribery or fraudulent misrepresentation; 
 55.10     (4) has knowingly made a false statement on the form 
 55.11  required to be submitted to the commissioner for licensing or 
 55.12  license renewal; 
 55.13     (5) has failed to obtain continuing education credits 
 55.14  required by the commissioner; 
 55.15     (6) has failed to demonstrate the qualifications or satisfy 
 55.16  the requirements for a license contained in this chapter or 
 55.17  rules of the commissioner.  The burden of proof shall be upon 
 55.18  the applicant to demonstrate qualifications or satisfaction of 
 55.19  requirements; 
 55.20     (7) has been convicted of a crime, including a finding or 
 55.21  verdict of guilt, an admission of guilt, or a no contest plea, 
 55.22  in any court in Minnesota or any other jurisdiction in the 
 55.23  United States, reasonably related to the provision of alcohol 
 55.24  and drug counseling services.  Conviction, as used in this 
 55.25  subdivision, includes conviction of an offense which, if 
 55.26  committed in this state, would be deemed a felony or gross 
 55.27  misdemeanor without regard to its designation elsewhere, or a 
 55.28  criminal proceeding where a finding or verdict of guilty is made 
 55.29  or returned but the adjudication of guilt is either withheld or 
 55.30  not entered; 
 55.31     (8) has been convicted of a crime against another person.  
 55.32  For purposes of this chapter, a crime against another person 
 55.33  means an offense listed in section 148B.68, subdivision 1, 
 55.34  paragraph (b); 
 55.35     (9) has failed to comply with the self-reporting 
 55.36  requirements of section 148C.095, subdivision 7; 
 56.1      (10) has engaged in sexual contact with a client, or a 
 56.2   former client, as defined in section 148A.01, or has engaged in 
 56.3   conduct that may be reasonably interpreted by a client as 
 56.4   sexual, or has engaged in any verbal behavior that is seductive 
 56.5   or sexually demeaning to the client, or has engaged in sexual 
 56.6   exploitation of a client or former client; 
 56.7      (11) has engaged in false, fraudulent, deceptive, or 
 56.8   misleading advertising; 
 56.9      (12) has engaged in conduct likely to deceive, defraud, or 
 56.10  harm the public; or has demonstrated a willful or careless 
 56.11  disregard for the health, welfare, or safety of a client; or any 
 56.12  other practice that may create unnecessary danger to any 
 56.13  client's life, health, or safety, in any of which cases, proof 
 56.14  of actual injury need not be established; 
 56.15     (13) has been adjudicated as mentally incompetent, or as a 
 56.16  person who has a psychopathic personality, or who is dangerous 
 56.17  to self, or has been adjudicated as chemically dependent, 
 56.18  mentally ill, mentally retarded, or mentally ill and dangerous 
 56.19  to the public pursuant to chapter 253B; 
 56.20     (14) is unable to provide alcohol and drug counseling 
 56.21  services with reasonable safety to clients; 
 56.22     (15) is has habitually overindulgent overindulged in the 
 56.23  use of or the dependence on alcohol within the past two years; 
 56.24     (16) has engaged in the improper or unauthorized personal 
 56.25  or other use of any legend drugs as defined in section 151.01, 
 56.26  any chemicals as defined in section 151.01, or any controlled 
 56.27  substance as defined in section 152.01 within the past two 
 56.28  years; 
 56.29     (17) reveals a communication from, or relating to, a client 
 56.30  except when required or permitted by law; 
 56.31     (18) fails to comply with a client's request for health 
 56.32  records made under section 144.335, or to furnish a client 
 56.33  record or report required by law; 
 56.34     (19) has engaged in fee splitting or promises to pay a 
 56.35  portion of a fee to any other professional other than for 
 56.36  services rendered by the other professional to the client; 
 57.1      (20) has engaged in abusive or fraudulent billing 
 57.2   practices, including violations of the federal Medicare and 
 57.3   Medicaid laws or state medical assistance laws; 
 57.4      (21) fails to make reports as required by section 148C.095, 
 57.5   or cooperate with an investigation of the commissioner; 
 57.6      (22) obtains money, property, or services from a client, 
 57.7   other than reasonable fees for services provided to the client, 
 57.8   through the use of undue influence, harassment, duress, 
 57.9   deception, or fraud; 
 57.10     (23) undertakes or continues a professional relationship 
 57.11  with a client in which the objectivity of the alcohol and drug 
 57.12  counselor may be impaired; 
 57.13     (24) engages in conduct that constitutes grounds for 
 57.14  discipline as established by the commissioner in rule; or 
 57.15     (25) engages in bartering for services with a client. 
 57.16     Sec. 48.  Minnesota Statutes 1998, section 148C.09, 
 57.17  subdivision 1a, is amended to read: 
 57.18     Subd. 1a.  [BACKGROUND INVESTIGATION.] The applicant must 
 57.19  sign a release authorizing the commissioner to obtain 
 57.20  information from the bureau of criminal apprehension, the 
 57.21  Federal Bureau of Investigation, the office of mental health 
 57.22  practice, the department of human services, the office of health 
 57.23  facilities complaints, and other agencies specified in the 
 57.24  rules.  After the commissioner has given written notice to an 
 57.25  individual who is the subject of a background investigation, the 
 57.26  agencies shall assist the commissioner with the investigation by 
 57.27  giving the commissioner criminal conviction data, reports about 
 57.28  abuse or neglect of clients substantiated maltreatment of minors 
 57.29  and vulnerable adults, and other information specified in the 
 57.30  rules.  The commissioner may contract with the commissioner of 
 57.31  human services to obtain criminal history data from the bureau 
 57.32  of criminal apprehension. 
 57.33     Sec. 49.  Minnesota Statutes 1998, section 148C.10, is 
 57.34  amended by adding a subdivision to read: 
 57.35     Subd. 1a.  [PRACTICE ALLOWED; CERTAIN INDIVIDUALS.] (a) 
 57.36  Notwithstanding subdivision 1, individuals may engage in alcohol 
 58.1   and drug counseling practice only until the commissioner issues 
 58.2   a license or denies the license application, whichever occurs 
 58.3   sooner, provided the individual:  
 58.4      (1) was employed as an alcohol and drug counselor before 
 58.5   January 28, 2000; 
 58.6      (2) is under the supervision of an alcohol and drug 
 58.7   counselor who is licensed under this chapter or employed in a 
 58.8   program licensed by the department of human services; 
 58.9      (3) has not applied and been rejected or denied a license 
 58.10  by the commissioner on any grounds under this chapter, other 
 58.11  than failure to satisfy examination requirements, or on the 
 58.12  basis of an investigation under chapter 148B; and 
 58.13     (4) either:  
 58.14     (i) made application to the commissioner for a license as 
 58.15  an alcohol and drug counselor before January 28, 2000; or 
 58.16     (ii) made application to the administrator of the exam or 
 58.17  exams required by the commissioner before January 28, 2000, 
 58.18  passes the examinations before January 28, 2001, and within 60 
 58.19  calendar days of passing the examinations makes application to 
 58.20  the commissioner for a license under this chapter.  
 58.21     (b) As used in this subdivision, supervision means 
 58.22  monitoring activities of and accepting legal liability for the 
 58.23  individual practicing without a license. 
 58.24     (c) Practice allowed under this subdivision creates no 
 58.25  rights or expectations of approval from the commissioner for 
 58.26  licensing as an alcohol and drug counselor.  The commissioner 
 58.27  may suspend or restrict practice under this subdivision as 
 58.28  authorized under section 148C.09. 
 58.29     Sec. 50.  Minnesota Statutes 1998, section 148C.11, 
 58.30  subdivision 1, is amended to read: 
 58.31     Subdivision 1.  [OTHER PROFESSIONALS.] Nothing in sections 
 58.32  148C.01 to 148C.10 shall prevent members of other professions or 
 58.33  occupations from performing functions for which they are 
 58.34  qualified or licensed.  This exception includes, but is not 
 58.35  limited to, licensed physicians, registered nurses, licensed 
 58.36  practical nurses, licensed psychological practitioners, members 
 59.1   of the clergy, American Indian medicine men and women, licensed 
 59.2   attorneys, probation officers, licensed marriage and family 
 59.3   therapists, licensed social workers, licensed professional 
 59.4   counselors, school counselors employed by a school district 
 59.5   while acting within the scope of employment as school 
 59.6   counselors, and registered occupational therapists or 
 59.7   occupational therapy assistants.  These persons must not, 
 59.8   however, use a title incorporating the words "alcohol and drug 
 59.9   counselor" or "licensed alcohol and drug counselor" or otherwise 
 59.10  hold themselves out to the public by any title or description 
 59.11  stating or implying that they are engaged in the practice of 
 59.12  alcohol and drug counseling, or that they are licensed to engage 
 59.13  in the practice of alcohol and drug counseling.  Persons engaged 
 59.14  in the practice of alcohol and drug counseling are not exempt 
 59.15  from the commissioner's jurisdiction solely by the use of one of 
 59.16  the above titles. 
 59.17     Sec. 51.  Minnesota Statutes 1998, section 153A.13, 
 59.18  subdivision 9, is amended to read: 
 59.19     Subd. 9.  [SUPERVISION.] "Supervision" means on-site 
 59.20  observing and monitoring activities of, and accepting 
 59.21  responsibility for, the hearing instrument dispensing activities 
 59.22  of a trainee. 
 59.23     Sec. 52.  Minnesota Statutes 1998, section 153A.13, is 
 59.24  amended by adding a subdivision to read: 
 59.25     Subd. 10.  [DIRECT SUPERVISION OR DIRECTLY 
 59.26  SUPERVISED.] "Direct supervision" or "directly supervised" means 
 59.27  the on-site and contemporaneous location of a supervisor and 
 59.28  trainee, when the supervisor observes the trainee engaging in 
 59.29  hearing instrument dispensing with a consumer. 
 59.30     Sec. 53.  Minnesota Statutes 1998, section 153A.13, is 
 59.31  amended by adding a subdivision to read: 
 59.32     Subd. 11.  [INDIRECT SUPERVISION OR INDIRECTLY 
 59.33  SUPERVISED.] "Indirect supervision" or "indirectly supervised" 
 59.34  means the remote and independent performance of hearing 
 59.35  instrument dispensing by a trainee when authorized under section 
 59.36  153A.14, subdivision 4a, paragraph (b). 
 60.1      Sec. 54.  Minnesota Statutes 1998, section 153A.14, 
 60.2   subdivision 1, is amended to read: 
 60.3      Subdivision 1.  [APPLICATION FOR CERTIFICATE.] An applicant 
 60.4   must: 
 60.5      (1) be 18 21 years of age or older; 
 60.6      (2) apply to the commissioner for a certificate to dispense 
 60.7   hearing instruments on application forms provided by the 
 60.8   commissioner; 
 60.9      (3) at a minimum, provide the applicant's name, social 
 60.10  security number, business address and phone number, employer, 
 60.11  and information about the applicant's education, training, and 
 60.12  experience in testing human hearing and fitting hearing 
 60.13  instruments; 
 60.14     (4) include with the application a statement that the 
 60.15  statements in the application are true and correct to the best 
 60.16  of the applicant's knowledge and belief; 
 60.17     (5) include with the application a written and signed 
 60.18  authorization that authorizes the commissioner to make inquiries 
 60.19  to appropriate regulatory agencies in this or any other state 
 60.20  where the applicant has sold hearing instruments; 
 60.21     (6) submit certification to the commissioner that the 
 60.22  applicant's audiometric equipment has been calibrated to meet 
 60.23  current ANSI standards within 12 months of the date of the 
 60.24  application; 
 60.25     (7) submit evidence of continuing education credits, if 
 60.26  required; and 
 60.27     (8) submit all fees as required under section 153A.17. 
 60.28     Sec. 55.  Minnesota Statutes 1998, section 153A.14, 
 60.29  subdivision 2a, is amended to read: 
 60.30     Subd. 2a.  [EXEMPTION FROM WRITTEN EXAMINATION 
 60.31  REQUIREMENT.] Persons completing the audiology registration 
 60.32  requirements of section 148.515 after January 1, 1996, are 
 60.33  exempt from the written examination requirements of subdivision 
 60.34  2h, paragraph (a), clause (1).  Minnesota registration or 
 60.35  American Speech-Language-Hearing Association certification as an 
 60.36  audiologist is not required but may be submitted as evidence 
 61.1   qualifying for exemption from the written examination if the 
 61.2   requirements are completed after January 1, 1996.  Persons 
 61.3   qualifying for written examination exemption must fulfill the 
 61.4   other credentialing requirements under subdivisions 1 and 2 
 61.5   before a certificate may be issued by the commissioner. 
 61.6      Sec. 56.  Minnesota Statutes 1998, section 153A.14, 
 61.7   subdivision 2h, is amended to read: 
 61.8      Subd. 2h.  [CERTIFICATION BY EXAMINATION.] An applicant 
 61.9   must achieve a passing score, as determined by the commissioner, 
 61.10  on an examination according to paragraphs (a) to (c). 
 61.11     (a) The examination must include, but is not limited to: 
 61.12     (1) A written examination approved by the commissioner 
 61.13  covering the following areas as they pertain to hearing 
 61.14  instrument selling: 
 61.15     (i) basic physics of sound; 
 61.16     (ii) the anatomy and physiology of the ear; 
 61.17     (iii) the function of hearing instruments; 
 61.18     (iv) the principles of hearing instrument selection; and 
 61.19     (v) state and federal laws, rules, and regulations. 
 61.20     (2) Practical tests of proficiency in the following 
 61.21  techniques as they pertain to hearing instrument selling: 
 61.22     (i) pure tone audiometry, including air conduction testing 
 61.23  and bone conduction testing; 
 61.24     (ii) live voice or recorded voice speech audiometry 
 61.25  including speech recognition (discrimination) testing, most 
 61.26  comfortable loudness level, and uncomfortable loudness 
 61.27  measurements of tolerance thresholds; 
 61.28     (iii) masking when indicated; 
 61.29     (iv) recording and evaluation of audiograms and speech 
 61.30  audiometry to determine proper selection and fitting of a 
 61.31  hearing instrument; 
 61.32     (v) taking ear mold impressions; and 
 61.33     (vi) using an otoscope for the visual observation of the 
 61.34  entire ear canal. 
 61.35     (b) The examination shall be administered by the 
 61.36  commissioner at least twice a year. 
 62.1      (c) An applicant must achieve a passing score on all 
 62.2   portions of the examination within a two-year period.  An 
 62.3   applicant who does not achieve a passing score on all portions 
 62.4   of the examination within a two-year period must retake the 
 62.5   entire examination and achieve a passing score on each portion 
 62.6   of the examination.  An applicant who does not apply for 
 62.7   certification within one year of successful completion of the 
 62.8   examination must retake the examination and achieve a passing 
 62.9   score on each portion of the examination.  An applicant may not 
 62.10  take any part of the examination more than three times in a 
 62.11  two-year period. 
 62.12     Sec. 57.  Minnesota Statutes 1998, section 153A.14, 
 62.13  subdivision 4, is amended to read: 
 62.14     Subd. 4.  [DISPENSING OF HEARING INSTRUMENTS WITHOUT 
 62.15  CERTIFICATE.] Except as provided in subdivision subdivisions 4a 
 62.16  and 4c, it is unlawful for any person not holding a valid 
 62.17  certificate to dispense a hearing instrument as defined in 
 62.18  section 153A.13, subdivision 3.  A person who dispenses a 
 62.19  hearing instrument without the certificate required by this 
 62.20  section is guilty of a gross misdemeanor.  
 62.21     Sec. 58.  Minnesota Statutes 1998, section 153A.14, 
 62.22  subdivision 4a, is amended to read: 
 62.23     Subd. 4a.  [TRAINEES.] (a) A person who is not certified 
 62.24  under this section may dispense hearing instruments as a trainee 
 62.25  for a period not to exceed 12 months if the person: 
 62.26     (1) submits an application on forms provided by the 
 62.27  commissioner; 
 62.28     (2) is under the supervision of a certified dispenser 
 62.29  meeting the requirements of this subdivision; and 
 62.30     (3) meets all requirements for certification except passage 
 62.31  of the examination required by this section. 
 62.32     (b) A certified hearing instrument dispenser may not 
 62.33  supervise more than two trainees at the same time and may not 
 62.34  directly supervise more than one trainee at a time.  The 
 62.35  certified dispenser is responsible for all actions or omissions 
 62.36  of a trainee in connection with the dispensing of hearing 
 63.1   instruments.  A certified dispenser may not supervise a trainee 
 63.2   if there are any commissioner, court, or other orders, currently 
 63.3   in effect or issued within the last five years, that were issued 
 63.4   with respect to an action or omission of a certified dispenser 
 63.5   or a trainee under the certified dispenser's supervision. 
 63.6      Trainees Until taking and passing the practical examination 
 63.7   testing the techniques described in subdivision 2h, paragraph 
 63.8   (a), clause (2), trainees must be directly supervised in all 
 63.9   areas described in subdivision 4b, and the activities tested by 
 63.10  the practical examination.  Two hundred hours of on-site 
 63.11  observations must be completed within the trainee period with a 
 63.12  minimum of 100 hours involving the supervisor, trainee, and a 
 63.13  consumer.  In addition Thereafter, trainees may dispense hearing 
 63.14  instruments under indirect supervision until expiration of the 
 63.15  trainee period.  Under indirect supervision, the trainee must 
 63.16  complete two monitored activities a week.  Monitored activities 
 63.17  may be executed by correspondence, telephone, or other 
 63.18  telephonic devices, and include, but are not limited to, 
 63.19  evaluation of audiograms, written reports, and contracts.  The 
 63.20  time spent in supervision must be recorded and the record 
 63.21  retained by the supervisor. 
 63.22     Sec. 59.  Minnesota Statutes 1998, section 153A.14, is 
 63.23  amended by adding a subdivision to read: 
 63.24     Subd. 4c.  [RECIPROCITY.] (a) A person applying for 
 63.25  certification as a hearing instrument dispenser under 
 63.26  subdivision 1 who has dispensed hearing instruments in another 
 63.27  jurisdiction may dispense hearing instruments as a trainee under 
 63.28  indirect supervision if the person: 
 63.29     (1) satisfies the provisions of subdivision 4a, paragraph 
 63.30  (a); 
 63.31     (2) submits a signed and dated affidavit stating that the 
 63.32  applicant is not the subject of a disciplinary action or past 
 63.33  disciplinary action in this or another jurisdiction and is not 
 63.34  disqualified on the basis of section 153A.15, subdivision 1; and 
 63.35     (3) provides a copy of a current credential as a hearing 
 63.36  instrument dispenser, an audiologist, or both, held in the 
 64.1   District of Columbia or a state or territory of the United 
 64.2   States. 
 64.3      (b) A person becoming a trainee under this subdivision who 
 64.4   fails to take and pass the practical examination described in 
 64.5   subdivision 2h, paragraph (a), clause (2), when next offered 
 64.6   must cease dispensing hearing instruments unless under direct 
 64.7   supervision. 
 64.8      Sec. 60.  Minnesota Statutes 1998, section 153A.14, is 
 64.9   amended by adding a subdivision to read: 
 64.10     Subd. 4d.  [EXPIRATION OF TRAINEE PERIOD.] The trainee 
 64.11  period automatically expires two months following notice of 
 64.12  passing all examination requirements of subdivision 2h. 
 64.13     Sec. 61.  Minnesota Statutes 1998, section 153A.15, 
 64.14  subdivision 1, is amended to read: 
 64.15     Subdivision 1.  [PROHIBITED ACTS.] The commissioner may 
 64.16  take enforcement action as provided under subdivision 2 against 
 64.17  a dispenser of hearing instruments for the following acts and 
 64.18  conduct: 
 64.19     (1) prescribing or otherwise recommending to a consumer or 
 64.20  potential consumer the use of a hearing instrument, unless the 
 64.21  prescription from a physician or recommendation from a hearing 
 64.22  instrument dispenser or audiologist is in writing, is based on 
 64.23  an audiogram that is delivered to the consumer or potential 
 64.24  consumer when the prescription or recommendation is made, and 
 64.25  bears the following information in all capital letters of 
 64.26  12-point or larger boldface type:  "THIS PRESCRIPTION OR 
 64.27  RECOMMENDATION MAY BE FILLED BY, AND HEARING INSTRUMENTS MAY BE 
 64.28  PURCHASED FROM, THE CERTIFIED DISPENSER OF YOUR CHOICE"; 
 64.29     (2) failing to give a copy of the audiogram, upon which the 
 64.30  prescription or recommendation is based, to the consumer when 
 64.31  there has been a charge for the audiogram and the consumer 
 64.32  requests a copy; 
 64.33     (3) dispensing a hearing instrument to a minor person 18 
 64.34  years or younger unless evaluated by an audiologist for hearing 
 64.35  evaluation and hearing aid evaluation; 
 64.36     (4) failing to provide the consumer rights brochure 
 65.1   required by section 153A.14, subdivision 9; 
 65.2      (4) (5) being disciplined through a revocation, suspension, 
 65.3   restriction, or limitation by another state for conduct subject 
 65.4   to action under this chapter; 
 65.5      (5) (6) presenting advertising that is false or misleading; 
 65.6      (6) (7) providing the commissioner with false or misleading 
 65.7   statements of credentials, training, or experience; 
 65.8      (7) (8) engaging in conduct likely to deceive, defraud, or 
 65.9   harm the public; or demonstrating a willful or careless 
 65.10  disregard for the health, welfare, or safety of a consumer; 
 65.11     (8) (9) splitting fees or promising to pay a portion of a 
 65.12  fee to any other professional other than a fee for services 
 65.13  rendered by the other professional to the client; 
 65.14     (9) (10) engaging in abusive or fraudulent billing 
 65.15  practices, including violations of federal Medicare and Medicaid 
 65.16  laws, Food and Drug Administration regulations, or state medical 
 65.17  assistance laws; 
 65.18     (10) (11) obtaining money, property, or services from a 
 65.19  consumer through the use of undue influence, high pressure sales 
 65.20  tactics, harassment, duress, deception, or fraud; 
 65.21     (11) (12) failing to comply with restrictions on sales of 
 65.22  hearing aids in sections 153A.14, subdivision 9, and 153A.19; 
 65.23     (12) (13) performing the services of a certified hearing 
 65.24  instrument dispenser in an incompetent or negligent manner; 
 65.25     (13) (14) failing to comply with the requirements of this 
 65.26  chapter as an employer, supervisor, or trainee; 
 65.27     (14) (15) failing to provide information in a timely manner 
 65.28  in response to a request by the commissioner, commissioner's 
 65.29  designee, or the advisory council; 
 65.30     (15) (16) being convicted within the past five years of 
 65.31  violating any laws of the United States, or any state or 
 65.32  territory of the United States, and the violation is a felony, 
 65.33  gross misdemeanor, or misdemeanor, an essential element of which 
 65.34  relates to hearing instrument dispensing, except as provided in 
 65.35  chapter 364; 
 65.36     (16) (17) failing to cooperate with the commissioner, the 
 66.1   commissioner's designee, or the advisory council in any 
 66.2   investigation; 
 66.3      (17) (18) failing to perform hearing instrument dispensing 
 66.4   with reasonable judgment, skill, or safety due to the use of 
 66.5   alcohol or drugs, or other physical or mental impairment; 
 66.6      (18) (19) failing to fully disclose actions taken against 
 66.7   the applicant or the applicant's legal authorization to dispense 
 66.8   hearing instruments in this or another state; 
 66.9      (19) (20) violating a state or federal court order or 
 66.10  judgment, including a conciliation court judgment, relating to 
 66.11  the activities of the applicant in hearing instrument 
 66.12  dispensing; 
 66.13     (20) (21) having been or being disciplined by the 
 66.14  commissioner of the department of health, or other authority, in 
 66.15  this or another jurisdiction, if any of the grounds for the 
 66.16  discipline are the same or substantially equivalent to those in 
 66.17  sections 153A.13 to 153A.19; 
 66.18     (21) (22) misrepresenting the purpose of hearing tests, or 
 66.19  in any way communicating that the hearing test or hearing test 
 66.20  protocol required by section 153A.14, subdivision 4b, is a 
 66.21  medical evaluation, a diagnostic hearing evaluation conducted by 
 66.22  an audiologist, or is other than a test to select a hearing 
 66.23  instrument, except that the hearing instrument dispenser can 
 66.24  determine the need for or recommend the consumer obtain a 
 66.25  medical evaluation consistent with requirements of the United 
 66.26  States Food and Drug Administration; 
 66.27     (22) (23) violating any of the provisions of sections 
 66.28  153A.13 to 153A.19; and 
 66.29     (23) (24) aiding or abetting another person in violating 
 66.30  any of the provisions of sections 153A.13 to 153A.19. 
 66.31     Sec. 62.  Minnesota Statutes 1999 Supplement, section 
 66.32  214.01, subdivision 2, is amended to read: 
 66.33     Subd. 2.  [HEALTH-RELATED LICENSING BOARD.] "Health-related 
 66.34  licensing board" means the board of examiners of nursing home 
 66.35  administrators established pursuant to section 144A.19, the 
 66.36  office of unlicensed complementary and alternative health care 
 67.1   practice established pursuant to section 146A.02, the board of 
 67.2   medical practice created pursuant to section 147.01, the board 
 67.3   of nursing created pursuant to section 148.181, the board of 
 67.4   chiropractic examiners established pursuant to section 148.02, 
 67.5   the board of optometry established pursuant to section 148.52, 
 67.6   the board of physical therapy established pursuant to section 
 67.7   148.67, the board of psychology established pursuant to section 
 67.8   148.90, the board of social work pursuant to section 148B.19, 
 67.9   the board of marriage and family therapy pursuant to section 
 67.10  148B.30, the office of mental health practice established 
 67.11  pursuant to section 148B.61, the alcohol and drug counselors 
 67.12  licensing advisory council established pursuant to section 
 67.13  148C.02, the board of dietetics and nutrition practice 
 67.14  established under section 148.622, the board of dentistry 
 67.15  established pursuant to section 150A.02, the board of pharmacy 
 67.16  established pursuant to section 151.02, the board of podiatric 
 67.17  medicine established pursuant to section 153.02, and the board 
 67.18  of veterinary medicine, established pursuant to section 156.01. 
 67.19     Sec. 63.  Laws 1999, chapter 223, article 2, section 81, as 
 67.20  amended by Laws 1999, chapter 249, section 12, is amended to 
 67.21  read: 
 67.22     Sec. 81.  [EFFECTIVE DATES.] 
 67.23     Section 48 is effective March 1, 2000. 
 67.24     Sections 59, 61, 62, 64, 65, and 79 are effective the day 
 67.25  following final enactment.  
 67.26     Section 67 is effective June 30, 1999. 
 67.27     Section 80, paragraph (a), is effective July 1, 1999. 
 67.28     Section 80, paragraphs paragraph (b) and (c), are is 
 67.29  effective July 1, 2000. 
 67.30     Section 80, paragraph (c), is effective July 1, 2001. 
 67.31     Sec. 64.  [EMPLOYEE HEALTH INSURANCE.] 
 67.32     The commissioner of health shall examine issues related to 
 67.33  rising health insurance costs and shall develop recommendations 
 67.34  for providing employer-subsidized affordable health insurance to 
 67.35  employees of programs and facilities that serve the elderly and 
 67.36  disabled.  In conducting this study, the commissioner may also 
 68.1   examine the affordability and availability of health insurance 
 68.2   coverage for lower-income Minnesotans generally.  In developing 
 68.3   these recommendations, the commissioner shall consult with 
 68.4   affected employers, consumers, and providers and may require 
 68.5   facilities to provide information on health insurance offered to 
 68.6   their employees, including information on eligibility, 
 68.7   enrollment, cost and level of benefits.  The commissioner shall 
 68.8   provide recommendations by January 15, 2002, to the chairs of 
 68.9   the house health and human services policy and finance 
 68.10  committees and the senate health and family security committee 
 68.11  and health and family security budget division. 
 68.12     Sec. 65.  [REPORT TO THE LEGISLATURE.] 
 68.13     The commissioner of health shall report to the legislature 
 68.14  by January 1, 2003, on the number and types of complaints 
 68.15  received against unlicensed complementary and alternative health 
 68.16  care practitioners pursuant to Minnesota Statutes, chapter 146A, 
 68.17  the types of practitioners against whom complaints were filed, 
 68.18  and the locations of the practitioners, the number of 
 68.19  investigations conducted, and the number and types of 
 68.20  enforcement actions completed.  The report must be filed in 
 68.21  accordance with Minnesota Statutes, sections 3.195 and 3.197. 
 68.22     Sec. 66.  [REPEALER.] 
 68.23     Minnesota Statutes 1998, sections 148.5193, subdivisions 3 
 68.24  and 5; and 148C.04, subdivision 5, are repealed. 
 68.25     Sec. 67.  [EFFECTIVE DATE.] 
 68.26     Sections 1, 9 to 21, 62, and 65 are effective July 1, 2001. 
 68.27  Sections 2 to 8, 22 to 61, 63, 64, and 66 are effective the day 
 68.28  following final enactment.