1.1 	A bill for an act
1.2 	relating to state government; implementing changes to the sunset review; 
1.3 	changing certain agency requirements; requiring posting of convictions of 
1.4 	felonies or gross misdemeanors and malpractice settlements or judgments for a 
1.5 	regulated practitioner; requiring certain information on regulated practitioners; 
1.6 	requiring a study; prohibiting transfer of certain funds; requiring reports; setting 
1.7 	fees; abolishing the Combative Sports Commission and transferring combative 
1.8 	sports duties to the commissioner of labor and industry; establishing a Combative 
1.9 	Sports Advisory Council; requiring a review of the Minnesota Board of Medical 
1.10 	Practice; regulating alcohol and drug counselors; changing requirements for 
1.11 	licensed professional clinical counselors; changing provisions for health-related 
1.12 	licensing boards; changing provisions for the practice of dentistry; appropriating 
1.13 	money;amending Minnesota Statutes 2010, sections 3.922, by adding a 
1.14 	subdivision; 3.9223, subdivision 7; 3.9225, subdivision 7; 3.9226, subdivision 7; 
1.15 	147.01, subdivision 4; 147.111, by adding a subdivision; 148.10, subdivision 7; 
1.16 	148.102, by adding a subdivision; 148.261, subdivision 1; 148.263, by adding a 
1.17 	subdivision; 148B.07, by adding a subdivision; 148B.5301, subdivisions 1, 4, 
1.18 	by adding a subdivision; 148B.54, subdivisions 2, 3; 148C.095, by adding a 
1.19 	subdivision; 148E.285, by adding a subdivision; 150A.06, subdivisions 1c, 3, 4, 
1.20 	6; 150A.09, subdivision 3; 150A.105, subdivision 7; 150A.106, subdivision 1; 
1.21 	150A.13, by adding a subdivision; 150A.14; 153.24, by adding a subdivision; 
1.22 	214.06, subdivisions 1, 1a, by adding a subdivision; 214.09, by adding a 
1.23 	subdivision; 214.103; 341.21, by adding a subdivision; 341.28, subdivision 1; 
1.24 	341.37; Minnesota Statutes 2011 Supplement, sections 3D.04; 3D.06; 3D.21, 
1.25 	subdivisions 1, 2; Laws 2010, chapter 349, section 1; proposing coding for new 
1.26 	law in Minnesota Statutes, chapters 3D; 16B; 214; 341; proposing coding for new 
1.27 	law as Minnesota Statutes, chapter 148F; repealing Minnesota Statutes 2010, 
1.28 	sections 138A.01; 138A.02; 138A.03; 138A.04; 138A.05; 138A.06; 148C.01, 
1.29 	subdivisions 1, 1a, 2, 2a, 2b, 2c, 2d, 2e, 2f, 2g, 4, 4a, 5, 7, 9, 10, 11, 11a, 12, 
1.30 	12a, 13, 14, 15, 16, 17, 18; 148C.015; 148C.03, subdivisions 1, 4; 148C.0351, 
1.31 	subdivisions 1, 3, 4; 148C.0355; 148C.04, subdivisions 1, 2, 3, 4, 5a, 6, 7; 
1.32 	148C.044; 148C.045; 148C.05, subdivisions 1, 1a, 5, 6; 148C.055; 148C.07; 
1.33 	148C.075; 148C.08; 148C.09, subdivisions 1, 1a, 2, 4; 148C.091; 148C.093; 
1.34 	148C.095; 148C.099; 148C.10, subdivisions 1, 2, 3; 148C.11; 148C.12, 
1.35 	subdivisions 1, 2, 3, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15; 341.21, subdivisions 
1.36 	3, 4a; 341.22; 341.23; 341.24; 341.26; Minnesota Rules, parts 4747.0010; 
1.37 	4747.0020; 4747.0030, subparts 1, 2, 3, 4, 5, 7, 8, 9, 10, 15, 17, 18, 20, 21, 
1.38 	22, 24, 29; 4747.0040; 4747.0050; 4747.0060; 4747.0070, subparts 1, 2, 3, 6; 
1.39 	4747.0200; 4747.0400, subpart 1; 4747.0700; 4747.0800; 4747.0900; 4747.1100, 
2.1 	subparts 1, 4, 5, 6, 7, 8, 9; 4747.1400, subparts 1, 2, 3, 4, 5, 6, 7, 8, 10, 11, 12, 13; 
2.2 	4747.1500; 6310.3100, subpart 2; 6310.3600; 6310.3700, subpart 1.
2.3 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

2.4 	ARTICLE 1
2.5 	SUNSET REVIEW

2.6 	Section 1. Minnesota Statutes 2011 Supplement, section 3D.04, is amended to read:
2.7 	3D.04 STAFF; CONTRACTS.
2.8 	The Legislative Coordinating Commission shall provide staff and administrative 
2.9 	services for the commission. The Sunset Advisory Commission may enter into contracts 
2.10 	for evaluations of agencies under review.

2.11 	Sec. 2. Minnesota Statutes 2011 Supplement, section 3D.06, is amended to read:
2.12 	3D.06 AGENCY REPORT TO COMMISSION.
2.13 	(a) Before September 1 of the odd-numbered year before the year in which a 
2.14 	state agency is subject to sunset review, the agency commissioner shall report to the 
2.15 	commission:
2.16 	(1) information regarding the application to the agency of the criteria in section 
2.17 	3D.10;
2.18 	(2) a priority-based an outcome-based budget for the agency;
2.19 	(3) an inventory of all boards, commissions, committees, and other entities related 
2.20 	to the agency; and
2.21 	(4) any other information that the agency commissioner considers appropriate or that 
2.22 	is requested by the commission.
2.23 	The September 1 deadline in this section does not apply in 2011.
2.24 	(b) The outcome-based budget required by paragraph (a) must be for each of the 
2.25 	agency's activities, as the term activity is used in state budgeting:
2.26 	(1) identify the statutory authority for the activity;
2.27 	(2) include one or more performance goals and associated performance measures 
2.28 	that measure outcomes, not inputs;
2.29 	(3) discuss the extent to which each performance measure is reliable and verifiable, 
2.30 	and can be accurately measured;
2.31 	(4) discuss the extent to which the agency has met each performance measure, and 
2.32 	the extent to which the budget devoted to the activity has permitted or prevented the 
2.33 	agency from meeting its performance goals;
3.1 	(5) discuss efficiencies that would allow the agency to better meet its goals; and
3.2 	(6) identify agencies at any level of government or private sector entities that provide 
3.3 	the same activities, and describe agency interaction with the activities provided by others.

3.4 	Sec. 3. Minnesota Statutes 2011 Supplement, section 3D.21, subdivision 1, is amended 
3.5 	to read:
3.6 		Subdivision 1.Group 1. The following agencies are sunset and, except as provided 
3.7 	in section 3D.14, expire on June 30, 2012 2024: Capitol Area Architectural and Planning 
3.8 	Board, Amateur Sports Commission, Combative Sports Commission, all health-related 
3.9 	licensing boards listed in section 214.01, Council on Affairs of Chicano/Latino People, 
3.10 	Council on Black Minnesotans, Council on Asian-Pacific Minnesotans, Indian Affairs 
3.11 	Council, Council on Disabilities, and all advisory groups associated with these agencies.

3.12 	EFFECTIVE DATE. This section is effective the day following final enactment.

3.13 	Sec. 4. Minnesota Statutes 2011 Supplement, section 3D.21, subdivision 2, is amended 
3.14 	to read:
3.15 		Subd. 2.Group 2. The following agencies are sunset and, except as provided in 
3.16 	section 3D.14, expire on June 30, 2014: Department of Health, Department of Human 
3.17 	Services, Department of Human Rights, Department of Education, Board of Teaching, 
3.18 	Minnesota Office of Higher Education, Council on Black Minnesotans, Emergency 
3.19 	Medical Services Regulatory Board, and all advisory groups associated with these 
3.20 	agencies.

3.21 	Sec. 5. COUNCIL ON BLACK MINNESOTANS INTERIM REVIEW.
 3.22 	(a) The Council on Black Minnesotans is continued for two years and added to the 
3.23 	2014 Sunset Advisory Commission review schedule. In the council's report to the Sunset 
3.24 	Advisory Commission, the council must submit an interim report and respond to issues 
3.25 	raised in previous audits by the Office of the Legislative Auditor.
3.26 	(b) The Office of the Legislative Auditor should conduct a financial audit of the 
3.27 	Council of Black Minnesotans by December 1, 2013, prior to sunset review in 2014.

3.28 	ARTICLE 2
3.29 	ADMINISTRATIVE PROCEDURES AND FEES

3.30 	Section 1. Minnesota Statutes 2010, section 3.922, is amended by adding a subdivision 
3.31 	to read:
4.1 		Subd. 11.Report. The council shall prepare and distribute a report to the governor 
4.2 	and legislature by November 15 of each year. The report shall summarize the activities 
4.3 	of the council since its last report, list receipts and expenditures, identify the major 
4.4 	problems and issues confronting American Indian people, and list the specific objectives 
4.5 	that the council seeks to attain during the biennium. To the extent possible, the council 
4.6 	shall report on outcome measures.

4.7 	Sec. 2. Minnesota Statutes 2010, section 3.9223, subdivision 7, is amended to read:
4.8 		Subd. 7.Report. The council shall prepare and distribute a report to the governor 
4.9 	and legislature by November 15 of each even-numbered year. The report shall summarize 
4.10 	the activities of the council since its last report, list receipts and expenditures, identify 
4.11 	the major problems and issues confronting Chicano/Latino people, and list the specific 
4.12 	objectives that the council seeks to attain during the next biennium. To the extent possible, 
4.13 	the council shall report on outcome measures.

4.14 	Sec. 3. Minnesota Statutes 2010, section 3.9225, subdivision 7, is amended to read:
4.15 		Subd. 7.Report. The council shall prepare and distribute a report to the governor 
4.16 	and legislature by November 15 of each even-numbered year. The report shall summarize 
4.17 	the activities of the council since its last report, list receipts and expenditures, identify 
4.18 	the major problems and issues confronting Black people, and list the specific objectives 
4.19 	which the council seeks to attain during the next biennium. To the extent possible, the 
4.20 	council shall report on outcome measures.

4.21 	Sec. 4. Minnesota Statutes 2010, section 3.9226, subdivision 7, is amended to read:
4.22 		Subd. 7.Report. The council shall prepare and distribute a report to the governor 
4.23 	and legislature by November 15 of each even-numbered year. The report shall summarize 
4.24 	the activities of the council since its last report, list receipts and expenditures, identify 
4.25 	the major problems and issues confronting Asian-Pacific people, and list the specific 
4.26 	objectives that the council seeks to attain during the next biennium. To the extent possible, 
4.27 	the council shall report on outcome measures.

4.28 	Sec. 5. [3D.045] COORDINATION WITH LEGISLATIVE AUDITOR.
4.29 	To the extent possible, the commission and the Office of the Legislative Auditor 
4.30 	shall align their work so that audits and program evaluations conducted by the Office 
4.31 	of the Legislative Auditor can inform the work of the commission. The commission 
4.32 	may request the Office of the Legislative Auditor to provide updates on financial audits 
5.1 	and program evaluations the Office of the Legislative Auditor has prepared on agencies 
5.2 	scheduled for Sunset Advisory Commission review.

5.3 	Sec. 6. [3D.065] REPORT ON PERSONNEL.
5.4 	By September 1 of the odd-numbered year before the year in which a state agency is 
5.5 	subject to sunset review, the commissioner of management and budget must report to the 
5.6 	Sunset Advisory Commission on the number of full-time equivalent employees and the 
5.7 	salary structure for each agency under review.

5.8 	Sec. 7. [16B.371] ASSISTANCE TO SMALL AGENCIES.
5.9 	(a) The commissioner may provide administrative support services to small agencies. 
5.10 	To promote efficiency and cost-effective use of state resources, and to improve financial 
5.11 	controls, the commissioner may require a small agency to receive administrative support 
5.12 	services through the Department of Administration or through another agency designated 
5.13 	by the commissioner. Services subject to this section include finance, accounting, payroll, 
5.14 	purchasing, human resources, and other services designated by the commissioner. The 
5.15 	commissioner may determine what constitutes a small agency for purposes of this section. 
5.16 	The commissioner, in consultation with the commissioner of management and budget and 
5.17 	small agencies, shall evaluate small agencies' needs for administrative support services. 
5.18 	If the commissioner provides administrative support services to a small agency, the 
5.19 	commissioner must enter into a service level agreement with the agency, specifying the 
5.20 	services to be provided and the costs and anticipated outcomes of the services.
5.21 	(b) The Chicano Latino Affairs Council, the Council on Black Minnesotans, the 
5.22 	Council on Asian-Pacific Minnesotans, the Indian Affairs Council, and the Minnesota 
5.23 	State Council on Disability must use the services specified in paragraph (a).
5.24 	(c) The commissioner of administration may assess agencies for services it provides 
5.25 	under this section. The amounts assessed are appropriated to the commissioner.
5.26 	(d) For agencies covered in this section, the commissioner has the authority to require 
5.27 	the agency to comply with applicable state finance, accounting, payroll, purchasing, and 
5.28 	human resources policies. The agencies served retain the ownership and responsibility for 
5.29 	spending decisions and for ongoing implementation of appropriate business operations.

5.30 	Sec. 8. Minnesota Statutes 2010, section 147.01, subdivision 4, is amended to read:
5.31 		Subd. 4.Disclosure. Subject to the exceptions listed in this subdivision, all 
5.32 	communications or information received by or disclosed to the board relating to any 
6.1 	person or matter subject to its regulatory jurisdiction are confidential and privileged and 
6.2 	any disciplinary hearing shall be closed to the public.
6.3 	(a) Upon application of a party in a proceeding before the board under section 
6.4 	147.091, the board shall produce and permit the inspection and copying, by or on behalf of 
6.5 	the moving party, of any designated documents or papers relevant to the proceedings, in 
6.6 	accordance with the provisions of rule 34, Minnesota Rules of Civil Procedure.
6.7 	(b) If the board takes corrective action or imposes disciplinary measures of any kind, 
6.8 	whether by contested case or by settlement agreement, the name and business address of 
6.9 	the licensee, the nature of the misconduct, and the action taken by the board are public 
6.10 	data. If disciplinary action is taken by settlement agreement, the entire agreement is public 
6.11 	data. The board shall decide disciplinary matters, whether by settlement or by contested 
6.12 	case, by roll call vote. The votes are public data.
6.13 	(c) The board shall exchange information with other licensing boards, agencies, or 
6.14 	departments within the state, as required under section 214.10, subdivision 8, paragraph 
6.15 	(c), and may release information in the reports required under section 147.02, subdivision 
6.16 	6.
6.17 	(d) The board shall upon request furnish to a person who made a complaint, or the 
6.18 	alleged victim of a violation of section 147.091, subdivision 1, paragraph (t), or both, a 
6.19 	description of the activities and actions of the board relating to that complaint, a summary 
6.20 	of the results of an investigation of that complaint, and the reasons for actions taken 
6.21 	by the board.
6.22 	(e) A probable cause hearing held pursuant to section 147.092 shall be closed to the 
6.23 	public, except for the notices of hearing made public by operation of section 147.092.
6.24 	(f) Findings of fact, conclusions, and recommendations issued by the administrative 
6.25 	law judge, and transcripts of oral arguments before the board pursuant to a contested case 
6.26 	proceeding in which an administrative law judge found a violation of section 147.091, 
6.27 	subdivision 1, paragraph (t), are public data.

6.28 	EFFECTIVE DATE. This section is effective for all corrective action taken on 
6.29 	or after August 1, 2012.

6.30 	Sec. 9. Minnesota Statutes 2010, section 147.111, is amended by adding a subdivision 
6.31 	to read:
6.32 		Subd. 10.Failure to report. On or after August 1, 2012, any person, health care 
6.33 	facility, business, or organization that fails to report as required under subdivisions 2 to 6 
6.34 	shall be subject to civil penalties for failing to report as required by law.

7.1 	EFFECTIVE DATE. This section is effective August 1, 2012.

7.2 	Sec. 10. Minnesota Statutes 2010, section 148.102, is amended by adding a subdivision 
7.3 	to read:
7.4 		Subd. 8.Failure to report. On or after August 1, 2012, any person or insurer that 
7.5 	fails to report as required under subdivisions 2 to 4 shall be subject to civil penalties for 
7.6 	failing to report as required by law.

7.7 	EFFECTIVE DATE. This section is effective August 1, 2012.

7.8 	Sec. 11. Minnesota Statutes 2010, section 148.261, subdivision 1, is amended to read:
7.9 		Subdivision 1.Grounds listed. The board may deny, revoke, suspend, limit, or 
7.10 	condition the license and registration of any person to practice professional, advanced 
7.11 	practice registered, or practical nursing under sections 148.171 to 148.285, or to otherwise 
7.12 	discipline a licensee or applicant as described in section 148.262. The following are 
7.13 	grounds for disciplinary action:
7.14 	(1) Failure to demonstrate the qualifications or satisfy the requirements for a license 
7.15 	contained in sections 148.171 to 148.285 or rules of the board. In the case of a person 
7.16 	applying for a license, the burden of proof is upon the applicant to demonstrate the 
7.17 	qualifications or satisfaction of the requirements.
7.18 	(2) Employing fraud or deceit in procuring or attempting to procure a permit, license, 
7.19 	or registration certificate to practice professional or practical nursing or attempting to 
7.20 	subvert the licensing examination process. Conduct that subverts or attempts to subvert 
7.21 	the licensing examination process includes, but is not limited to:
7.22 	(i) conduct that violates the security of the examination materials, such as removing 
7.23 	examination materials from the examination room or having unauthorized possession of 
7.24 	any portion of a future, current, or previously administered licensing examination;
7.25 	(ii) conduct that violates the standard of test administration, such as communicating 
7.26 	with another examinee during administration of the examination, copying another 
7.27 	examinee's answers, permitting another examinee to copy one's answers, or possessing 
7.28 	unauthorized materials; or
7.29 	(iii) impersonating an examinee or permitting an impersonator to take the 
7.30 	examination on one's own behalf.
7.31 	(3) Conviction during the previous five years of a felony or gross misdemeanor 
7.32 	reasonably related to the practice of professional, advanced practice registered, or practical 
7.33 	nursing. Conviction as used in this subdivision includes a conviction of an offense that if 
7.34 	committed in this state would be considered a felony or gross misdemeanor without regard 
8.1 	to its designation elsewhere, or a criminal proceeding where a finding or verdict of guilt is 
8.2 	made or returned but the adjudication of guilt is either withheld or not entered.
8.3 	(4) Revocation, suspension, limitation, conditioning, or other disciplinary action 
8.4 	against the person's professional or practical nursing license or advanced practice 
8.5 	registered nursing credential, in another state, territory, or country; failure to report to the 
8.6 	board that charges regarding the person's nursing license or other credential are pending in 
8.7 	another state, territory, or country; or having been refused a license or other credential by 
8.8 	another state, territory, or country.
8.9 	(5) Failure to or inability to perform professional or practical nursing as defined in 
8.10 	section 148.171, subdivision 14 or 15, with reasonable skill and safety, including failure 
8.11 	of a registered nurse to supervise or a licensed practical nurse to monitor adequately the 
8.12 	performance of acts by any person working at the nurse's direction.
8.13 	(6) Engaging in unprofessional conduct, including, but not limited to, a departure 
8.14 	from or failure to conform to board rules of professional or practical nursing practice that 
8.15 	interpret the statutory definition of professional or practical nursing as well as provide 
8.16 	criteria for violations of the statutes, or, if no rule exists, to the minimal standards of 
8.17 	acceptable and prevailing professional or practical nursing practice, or any nursing 
8.18 	practice that may create unnecessary danger to a patient's life, health, or safety. Actual 
8.19 	injury to a patient need not be established under this clause.
8.20 	(7) Failure of an advanced practice registered nurse to practice with reasonable 
8.21 	skill and safety or departure from or failure to conform to standards of acceptable and 
8.22 	prevailing advanced practice registered nursing.
8.23 	(8) Delegating or accepting the delegation of a nursing function or a prescribed 
8.24 	health care function when the delegation or acceptance could reasonably be expected to 
8.25 	result in unsafe or ineffective patient care.
8.26 	(9) Actual or potential inability to practice nursing with reasonable skill and safety 
8.27 	to patients by reason of illness, use of alcohol, drugs, chemicals, or any other material, or 
8.28 	as a result of any mental or physical condition.
8.29 	(10) Adjudication as mentally incompetent, mentally ill, a chemically dependent 
8.30 	person, or a person dangerous to the public by a court of competent jurisdiction, within or 
8.31 	without this state.
8.32 	(11) Engaging in any unethical conduct, including, but not limited to, conduct likely 
8.33 	to deceive, defraud, or harm the public, or demonstrating a willful or careless disregard 
8.34 	for the health, welfare, or safety of a patient. Actual injury need not be established under 
8.35 	this clause.
9.1 	(12) Engaging in conduct with a patient that is sexual or may reasonably be 
9.2 	interpreted by the patient as sexual, or in any verbal behavior that is seductive or sexually 
9.3 	demeaning to a patient, or engaging in sexual exploitation of a patient or former patient.
9.4 	(13) Obtaining money, property, or services from a patient, other than reasonable 
9.5 	fees for services provided to the patient, through the use of undue influence, harassment, 
9.6 	duress, deception, or fraud.
9.7 	(14) Revealing a privileged communication from or relating to a patient except when 
9.8 	otherwise required or permitted by law.
9.9 	(15) Engaging in abusive or fraudulent billing practices, including violations of 
9.10 	federal Medicare and Medicaid laws or state medical assistance laws.
9.11 	(16) Improper management of patient records, including failure to maintain adequate 
9.12 	patient records, to comply with a patient's request made pursuant to sections 144.291 to 
9.13 	144.298, or to furnish a patient record or report required by law.
9.14 	(17) Knowingly aiding, assisting, advising, or allowing an unlicensed person to 
9.15 	engage in the unlawful practice of professional, advanced practice registered, or practical 
9.16 	nursing.
9.17 	(18) Violating a rule adopted by the board, an order of the board, or a state or federal 
9.18 	law relating to the practice of professional, advanced practice registered, or practical 
9.19 	nursing, or a state or federal narcotics or controlled substance law.
9.20 	(19) Knowingly providing false or misleading information that is directly related 
9.21 	to the care of that patient unless done for an accepted therapeutic purpose such as the 
9.22 	administration of a placebo.
9.23 	(20) Aiding suicide or aiding attempted suicide in violation of section 609.215 as 
9.24 	established by any of the following:
9.25 	(i) a copy of the record of criminal conviction or plea of guilty for a felony in 
9.26 	violation of section 609.215, subdivision 1 or 2;
9.27 	(ii) a copy of the record of a judgment of contempt of court for violating an 
9.28 	injunction issued under section 609.215, subdivision 4;
9.29 	(iii) a copy of the record of a judgment assessing damages under section 609.215, 
9.30 	subdivision 5; or
9.31 	(iv) a finding by the board that the person violated section 609.215, subdivision 
9.32 	1 or 2. The board shall investigate any complaint of a violation of section 609.215, 
9.33 	subdivision 1 or 2.
9.34 	(21) Practicing outside the scope of practice authorized by section 148.171, 
9.35 	subdivision 5, 10, 11, 13, 14, 15, or 21.
10.1 	(22) Practicing outside the specific field of nursing practice for which an advanced 
10.2 	practice registered nurse is certified unless the practice is authorized under section 148.284.
10.3 	(23) Making a false statement or knowingly providing false information to the 
10.4 	board, failing to make reports as required by section 148.263, or failing to cooperate with 
10.5 	an investigation of the board as required by section 148.265.
10.6 	(24) Engaging in false, fraudulent, deceptive, or misleading advertising.
10.7 	(25) Failure to inform the board of the person's certification status as a nurse 
10.8 	anesthetist, nurse-midwife, nurse practitioner, or clinical nurse specialist.
10.9 	(26) Engaging in clinical nurse specialist practice, nurse-midwife practice, nurse 
10.10 	practitioner practice, or registered nurse anesthetist practice without current certification 
10.11 	by a national nurse certification organization acceptable to the board, except during the 
10.12 	period between completion of an advanced practice registered nurse course of study and 
10.13 	certification, not to exceed six months or as authorized by the board.
10.14 	(27) Engaging in conduct that is prohibited under section 145.412.
10.15 	(28) Failing to report employment to the board as required by section 148.211, 
10.16 	subdivision 2a, or knowingly aiding, assisting, advising, or allowing a person to fail to 
10.17 	report as required by section 148.211, subdivision 2a.

10.18 	Sec. 12. Minnesota Statutes 2010, section 148.263, is amended by adding a subdivision 
10.19 	to read:
10.20 		Subd. 7.Failure to report. On or after August 1, 2012, any person, institution, 
10.21 	insurer, or organization that fails to report as required under subdivisions 2 to 5 shall be 
10.22 	subject to civil penalties for failing to report as required by law.

10.23 	EFFECTIVE DATE. This section is effective August 1, 2012.

10.24 	Sec. 13. Minnesota Statutes 2010, section 148B.07, is amended by adding a 
10.25 	subdivision to read:
10.26 		Subd. 10.Failure to report. On or after August 1, 2012, any person, institution, 
10.27 	insurer, or organization that fails to report as required under subdivisions 2 to 6 shall be 
10.28 	subject to civil penalties for failing to report as required by law.

10.29 	EFFECTIVE DATE. This section is effective August 1, 2012.

10.30 	Sec. 14. Minnesota Statutes 2010, section 148C.095, is amended by adding a 
10.31 	subdivision to read:
11.1 		Subd. 8.Failure to report. On or after August 1, 2012, any person, institution, 
11.2 	insurer, or organization that fails to report as required under subdivisions 2 to 5 shall be 
11.3 	subject to civil penalties for failing to report as required by law.

11.4 	EFFECTIVE DATE. This section is effective August 1, 2012.

11.5 	Sec. 15. Minnesota Statutes 2010, section 148E.285, is amended by adding a 
11.6 	subdivision to read:
11.7 		Subd. 4.Failure to report. On or after August 1, 2012, any person, institution, or 
11.8 	organization that fails to report as required under subdivisions 1 and 2 shall be subject 
11.9 	to civil penalties for failing to report as required by law. 

11.10 	EFFECTIVE DATE. This section is effective August 1, 2012.

11.11 	Sec. 16. Minnesota Statutes 2010, section 150A.13, is amended by adding a 
11.12 	subdivision to read:
11.13 		Subd. 10.Failure to report. On or after August 1, 2012, any person, institution, 
11.14 	insurer, or organization that fails to report as required under subdivisions 2 to 6 shall be 
11.15 	subject to civil penalties for failing to report as required by law.

11.16 	EFFECTIVE DATE. This section is effective August 1, 2012.

11.17 	Sec. 17. Minnesota Statutes 2010, section 153.24, is amended by adding a subdivision 
11.18 	to read:
11.19 		Subd. 8.Failure to report. On or after August 1, 2012, any person, institution, or 
11.20 	insurer that fails to report as required under subdivisions 2 to 5 shall be subject to civil 
11.21 	penalties for failing to report as required by law.

11.22 	EFFECTIVE DATE. This section is effective August 1, 2012.

11.23 	Sec. 18. Minnesota Statutes 2010, section 214.06, subdivision 1, is amended to read:
11.24 		Subdivision 1.Fee adjustment Fees to recover expenditures. Notwithstanding 
11.25 	any law to the contrary, the commissioner of health as authorized by section 214.13, all 
11.26 	health-related licensing boards and all non-health-related licensing boards shall by rule, 
11.27 	with the approval of the commissioner of management and budget, adjust, as needed, 
11.28 	any fee which the commissioner of health or the board is empowered to assess. The 
11.29 	commissioner of health as authorized by section 214.13 and all health-related licensing 
11.30 	boards and non-health-related licensing boards shall propose or adjust any fee according 
12.1 	to section 16A.1283. As provided in section 16A.1285, the adjustment fees shall be 
12.2 	an amount sufficient so that the total fees collected by each board will be based on 
12.3 	anticipated expenditures, including expenditures for the programs authorized by sections 
12.4 	214.10, 214.103, 214.11, 214.17 to 214.24, 214.28 to 214.37, and 214.40, except that a 
12.5 	health-related licensing board may have anticipated expenditures in excess of anticipated 
12.6 	revenues in a biennium by using accumulated surplus revenues from fees collected by 
12.7 	that board in previous bienniums. A health-related licensing board may accumulate up 
12.8 	to six months of operating funds, and then must reduce fees. A health-related licensing 
12.9 	board shall not spend more money than the amount appropriated by the legislature 
12.10 	for a biennium. For members of an occupation registered after July 1, 1984, by the 
12.11 	commissioner of health under the provisions of section 214.13, the fee established must 
12.12 	include an amount necessary to recover, over a five-year period, the commissioner's 
12.13 	direct expenditures for adoption of the rules providing for registration of members of the 
12.14 	occupation. All fees received shall be deposited in the state treasury.

12.15 	Sec. 19. Minnesota Statutes 2010, section 214.06, subdivision 1a, is amended to read:
12.16 		Subd. 1a.Health occupations licensing account. (a) Fees received by the 
12.17 	commissioner of health or health-related licensing boards must be credited to the health 
12.18 	occupations licensing account in the state government special revenue fund. The 
12.19 	commissioner of management and budget shall ensure that the revenues and expenditures 
12.20 	of each health-related licensing board are tracked separately in the health occupations 
12.21 	licensing account.
12.22 	(b) The fees collected must be used only by the boards identified in section 
12.23 	214.01, subdivision 2, and the commissioner of health, as the regulator for occupational 
12.24 	therapy practitioners, speech-language pathologists, audiologists, and hearing instrument 
12.25 	dispensers, and only for the purposes of the programs they administer. The legislature 
12.26 	must not transfer money generated by these fees from the state government special 
12.27 	revenue fund to the general fund.

12.28 	Sec. 20. Minnesota Statutes 2010, section 214.06, is amended by adding a subdivision 
12.29 	to read:
12.30 		Subd. 1b.Health-related licensing boards; surcharges. When a health-related 
12.31 	licensing board imposes a surcharge, the surcharge must not be incorporated as a fee 
12.32 	increase, but must be made as a separate assessment to be paid by the individuals regulated 
12.33 	by the board.

13.1 	Sec. 21. [214.072] HEALTH-RELATED LICENSING BOARDS; WEB SITE.
13.2 	(a) Each health-related licensing board, as defined in section 214.01, subdivision 2, 
13.3 	and the commissioner of health, as the regulator for occupational therapy practitioners, 
13.4 	speech-language pathologists, audiologists, and hearing instrument dispensers, are 
13.5 	required to post on its public Web site the name and business address of each regulated 
13.6 	individual who has:
13.7 	(1) a conviction during the previous ten years of a felony or gross misdemeanor. 
13.8 	Conviction includes a conviction of an offense that if committed in this state would be 
13.9 	considered a felony or gross misdemeanor without regard to its designation elsewhere, 
13.10 	or a criminal proceeding where a finding or verdict of guilt is made or returned but the 
13.11 	adjudication of guilt is either withheld or not entered;
13.12 	(2) a malpractice judgment entered against the regulated individual in any state 
13.13 	or jurisdiction within the past ten years and malpractice settlements entered against 
13.14 	the regulated individual in any state or jurisdiction if there have been more than three 
13.15 	within the past ten years. Information describing the judgments and settlements shall be 
13.16 	developed by the boards, shall be stated in plain English, and shall ensure the public 
13.17 	understands the context of the action involving the licensee; or
13.18 	(3) any disciplinary or corrective action or restriction of privileges taken against the 
13.19 	individual's license by a licensing board in this state or in any other state or jurisdiction. 
13.20 	The Web site shall identify the basis for disciplinary action, the type of disciplinary action 
13.21 	taken, and whether the action was taken by a licensing board in this or another state or by 
13.22 	the federal government.
13.23 	(b) Each board and the commissioner of health must post in-state information 
13.24 	required in paragraph (a) no later than January 1, 2013. Information from other states and 
13.25 	jurisdictions must be posted no later than July 1, 2013.

13.26 	EFFECTIVE DATE. This section is effective the day following final enactment.

13.27 	Sec. 22. [214.073] HEALTH-RELATED LICENSING BOARDS; AUTHORITY.
13.28 	(a) Each health-related licensing board, as defined in section 214.01, subdivision 2, 
13.29 	and the commissioner of health, as the regulator for occupational therapy practitioners, 
13.30 	speech-language pathologists, audiologists, and hearing instrument dispensers, shall 
13.31 	require an applicant on or after August 1, 2012, to provide the individual's primary 
13.32 	business address at the time of initial application and all subsequent renewals.
13.33 	(b) Each health-related licensing board, as defined in section 214.01, subdivision 2, 
13.34 	and the commissioner of health, as the regulator for occupational therapy practitioners, 
13.35 	speech-language pathologists, audiologists, and hearing instrument dispensers, shall have 
14.1 	the authority to conduct criminal background checks on all applicants, at the expense of 
14.2 	the individual. The boards and the commissioner shall establish a protocol for conducting 
14.3 	criminal background checks no later than January 1, 2013. This protocol must be effective 
14.4 	January 1, 2014, and require the applicant to:
14.5 	(1) submit a full set of fingerprints to the board or its designee in a form and manner 
14.6 	specified by the board; and
14.7 	(2) provide consent authorizing the board to obtain the individual's state and national 
14.8 	criminal history record information for the purpose of determining the individual's 
14.9 	suitability for receiving a credential to practice.
14.10 	(c) The health-related licensing boards and the commissioner of health shall study: 
14.11 	the value of implementing a requirement for criminal background checks for existing 
14.12 	regulated individuals; how to utilize criminal background checks that have already been 
14.13 	performed on these individuals; and how to implement any new requirements in the most 
14.14 	cost effective way possible. The plan will include recommendations for any necessary 
14.15 	statutory changes and shall seek to minimize duplication of requirements for background 
14.16 	studies.
14.17 	(d) Each health-related licensing board, as defined in section 214.01, subdivision 2, 
14.18 	and the commissioner of health, as the regulator for occupational therapy practitioners, 
14.19 	speech-language pathologists, audiologists, and hearing instrument dispensers, shall 
14.20 	submit legislation for consideration in 2013 to require institutions, professional societies, 
14.21 	other licensed professionals, and insurers and other entities to report conduct constituting 
14.22 	grounds for disciplinary action to the respective regulatory entity. Each board and the 
14.23 	commissioner must include penalties that may be imposed for failure to report. Boards 
14.24 	with reporting obligations in statutes are exempt from this paragraph.

14.25 	EFFECTIVE DATE. This section is effective the day following final enactment.

14.26 	Sec. 23. [214.0732] REQUIREMENT FOR CRIMINAL BACKGROUND 
14.27 	CHECK.
14.28 		Subdivision 1.Applicants. Each health-related licensing board, as defined in section 
14.29 	214.01, subdivision 2, and the commissioner of health, as regulator for occupational 
14.30 	therapy practitioners, speech-language pathologists, audiologists, and hearing instrument 
14.31 	dispensers, shall complete a fingerprint-based criminal background check on each 
14.32 	applicant for initial licensure or other credential prior to granting a credential to practice. 
14.33 	Each applicant must:
14.34 	(1) submit a full set of fingerprints to the commissioner or board or its designee in a 
14.35 	form and manner specified by the commissioner or board; and
15.1 	(2) provide consent authorizing the board or commissioner to obtain the applicant's 
15.2 	state and national criminal history record information for the purpose of determining the 
15.3 	applicant's suitability and eligibility for a credential to practice.
15.4 		Subd. 2.Fees. The applicant shall be responsible for all fees associated with 
15.5 	preparation of the fingerprints and the criminal background check and the fees are not 
15.6 	refundable.
15.7 		Subd. 3.Refusal to consent. The boards and the commissioner of health shall 
15.8 	not issue a credential to practice to any applicant who refuses to consent to a criminal 
15.9 	background check or fails to submit fingerprints within 90 days after the application is 
15.10 	submitted. Any fees paid by the applicant to a board or commissioner shall be forfeited 
15.11 	if the applicant refuses to consent to the criminal background check or fails to submit 
15.12 	fingerprints.
15.13 		Subd. 4.Submission of fingerprints. A board or its designee and the commissioner 
15.14 	of health shall submit applicant fingerprints to the Minnesota Bureau of Criminal 
15.15 	Apprehension (BCA). The BCA shall perform a check for state criminal justice 
15.16 	information and shall forward the applicant's fingerprints to the Federal Bureau of 
15.17 	Investigation to perform a check for national criminal justice information regarding the 
15.18 	applicant. The BCA shall report to the board or the commissioner the results of the state 
15.19 	and national background checks.
15.20 		Subd. 5.Alternative to fingerprint-based background check. A board or the 
15.21 	commissioner of health may require an alternative method of criminal history background 
15.22 	check for an applicant who has submitted at least three sets of fingerprints under this 
15.23 	section that cannot be read.
15.24 		Subd. 6.Opportunity to challenge accuracy of report. Prior to taking disciplinary 
15.25 	action against an applicant based on a criminal conviction, a board or the commissioner 
15.26 	of health shall provide the applicant with the opportunity to complete, or challenge the 
15.27 	accuracy of, the criminal justice information reported to the board or commissioner. The 
15.28 	applicant shall have 30 calendar days following notice from a board or the commissioner 
15.29 	of the intent to take disciplinary action on a license to request an opportunity to correct or 
15.30 	complete the record prior to a board or the commissioner taking disciplinary action based 
15.31 	on the report. The applicant shall be allowed up to 180 days to challenge the accuracy or 
15.32 	completeness of the report with the agency that is responsible for the record.
15.33 		Subd. 7.Disciplinary action. A board or the commissioner of health shall review 
15.34 	each criminal history report and determine whether the criminal convictions, if any, relate 
15.35 	to the practice of the regulated profession or occupation. If the criminal convictions are 
15.36 	found to relate to the profession or occupation, the regulating board or commissioner 
16.1 	may take any disciplinary action allowed by the respective practice act and pursuant 
16.2 	to sections 214.10 and 214.103.
16.3 		Subd. 8.Factors to be considered. In determining whether an applicant is suitable 
16.4 	to receive a credential to practice, a board or the commissioner of health shall consider:
16.5 	(1) the number of crimes for which the applicant has been convicted;
16.6 	(2) the nature and seriousness of the crimes and vulnerability of the victims of the 
16.7 	crimes, including whether the commission of the crimes involved the abuse of trust or the 
16.8 	exploitation of a unique position or knowledge;
16.9 	(3) the relationship between the crimes and the practice of the applicable profession 
16.10 	or occupation;
16.11 	(4) the age of the applicant at the time the crimes were committed;
16.12 	(5) the amount of time that has elapsed since the crimes occurred;
16.13 	(6) steps taken by the applicant to address substance abuse or mental or physical 
16.14 	health issues present at the time of the crimes or subsequent to the crimes;
16.15 	(7) evidence of the applicant's work history;
16.16 	(8) whether the applicant has successfully completed the terms of any sentence 
16.17 	imposed; and 
16.18 	(9) any other evidence demonstrating the applicant does not pose a risk of harm to 
16.19 	the health or safety of the public.
16.20 		Subd. 9.Conviction. For purposes of this section, an applicant is considered to 
16.21 	have been convicted of a crime if the applicant has pleaded guilty or nolo contendere, 
16.22 	been found guilty, or entered an Alford plea to any offense by any court in the state of 
16.23 	Minnesota or similar offense in another state or United States territory or federal court. 
16.24 	An applicant is considered to have been convicted of a crime if the applicant has been 
16.25 	convicted or found guilty but adjudication was withheld. A board or the commissioner of 
16.26 	health may consider public records from a juvenile delinquency proceeding where there 
16.27 	has been a judicial determination that the elements of the offense occurred.
16.28 		Subd. 10.Data practices. Fingerprints and all criminal history record information 
16.29 	obtained by the boards or the commissioner of health is private data on individuals under 
16.30 	section 13.02, subdivision 12, and restricted to the exclusive use of the board and its 
16.31 	members and staff, the commissioner, investigative staff, agents, and attorneys for the 
16.32 	purpose of evaluating an applicant's eligibility or qualifications to practice. The boards and 
16.33 	the commissioner shall maintain fingerprints and the criminal history records information 
16.34 	in a secure manner and comply with all applicable state and federal requirements.

17.1 	EFFECTIVE DATE. This section is effective July 1, 2013, or as soon as the 
17.2 	necessary agency interagency infrastructure and related business processes are operational, 
17.3 	whichever is later.

17.4 	Sec. 24. SUNSET ADVISORY COMMISSION; DEPARTMENT OF HEALTH 
17.5 	REVIEW.
 17.6 	The Sunset Advisory Commission review of the Department of Health in 2013 
17.7 	and 2014 must include an analysis of the extent to which health occupations should be 
17.8 	licensed by the Department of Health, and the extent to which occupations should be 
17.9 	licensed by licensing boards.

17.10 	Sec. 25. REPORT; INVESTIGATIONS FOR HEALTH-RELATED LICENSING 
17.11 	BOARDS.
 17.12 	The health-related licensing boards and the attorney general shall review and 
17.13 	make recommendations to the legislature by January 15, 2013, on the respective roles 
17.14 	of the boards and the attorney general in conducting investigations of licensees of the 
17.15 	health-related licensing boards.

17.16 	Sec. 26. REPORT; INFORMATION SYSTEMS FOR LICENSING BOARDS.
 17.17 	The chief information officer of the Office of Enterprise Technology and the 
17.18 	commissioner of administration shall report to the legislature by January 15, 2013, on the 
17.19 	best method of providing electronic licensing systems to the health-related licensing 
17.20 	boards.

17.21 	Sec. 27. REPORT; HEALTH-RELATED LICENSING BOARD FEES.
 17.22 	Each health-related licensing board, as defined in section 214.01, subdivision 2, 
17.23 	and the commissioner of health, as the regulator for occupational therapy practitioners, 
17.24 	speech-language pathologists, audiologists, and hearing instrument dispensers, shall 
17.25 	report to the chair and lead minority member of the senate and house of representatives 
17.26 	committees with jurisdiction over health and human services finance by January 15, 
17.27 	2013, on the degree to which fees imposed by the board comply with Minnesota Statutes, 
17.28 	sections 214.055 and 214.06. If a board determines that its fees are expected to produce 
17.29 	more revenue than needed to recover expenditures during a five-year period, the board 
17.30 	must propose reductions in those fees to the legislature.

17.31 	Sec. 28. REPORTS; ADMINISTRATIVE SUPPORT SERVICES.
 18.1 	(a) The commissioner of administration shall report to the legislature by January 15, 
18.2 	2013, on use of the SMART program by executive branch agencies.
18.3 	(b) The administrative services unit of health-related licensing boards shall report to 
18.4 	the legislature by January 15, 2013, evaluating use of the units' services by health-related 
18.5 	licensing boards.

18.6 	Sec. 29. MEDICAL PRACTICE ACT; STUDY.
 18.7 	(a) The commissioner of health shall convene a working group to evaluate the state's 
18.8 	Medical Practice Act to ensure that it effectively protects the safety and well-being of the 
18.9 	citizens of the state and allows transparency. In this evaluation, the working group shall 
18.10 	consider practice acts in other states, including conduct that may result in disciplinary 
18.11 	action.
18.12 	(b) Members of the working group shall include:
18.13 	(1) two members of the Board of Medical Practice;
18.14 	(2) two practicing physicians recommended by the Minnesota Medical Association;
18.15 	(3) two medical educators, one from the University of Minnesota and one from the 
18.16 	Mayo Clinic;
18.17 	(4) two senators, one from each caucus, appointed by the subcommittee on 
18.18 	committees, and two members of the house of representatives, one from each caucus, 
18.19 	appointed by the speaker;
18.20 	(5) consumers; and
18.21 	(6) experts in the field of medical practice.
18.22 	The majority of the working group must be composed of members who have no 
18.23 	current or past affiliation with the Board of Medical Practice.
18.24 	(c) Compensation for working group members is subject to Minnesota Statutes, 
18.25 	section 15.059, subdivision 3, and must be paid from the operating funds of the Board 
18.26 	of Medical Practice. The cost of the contract under paragraph (a) must be paid from the 
18.27 	operating funds of the Board of Medical Practice.
18.28 	(d) The working group must elect a chair from its members.
18.29 	(e) Meetings of the working group shall be open to the public.
18.30 	(f) The board shall submit the report of the working group and legislation modifying 
18.31 	the practice act for consideration during the 2013 legislative session.

18.32 	EFFECTIVE DATE. This section is effective the day following final enactment.

18.33 	Sec. 30. BOARD OF MEDICAL PRACTICE REVIEW.
 19.1 	(a) As provided in Minnesota Statutes, section 3.97, subdivision 3a, paragraph 
19.2 	(b), the Legislative Audit Commission is requested to direct the legislative auditor to 
19.3 	prepare a scoping document in response to the Sunset Advisory Commission's request 
19.4 	for an evaluation of the Minnesota Medical Practice Act and its implementation by the 
19.5 	Minnesota Board of Medical Practice.
19.6 	(b) If the Office of the Legislative Auditor is not authorized to carry out the study 
19.7 	in paragraph (a) by July 1, 2012, the commissioner of administration must contract for 
19.8 	a programmatic and structural review of the Minnesota Board of Medical Practice. The 
19.9 	commissioner must contract with the Federation of State Medical Boards to conduct the 
19.10 	study. A copy of the review's work plan must be submitted to the chair and vice-chair 
19.11 	of the Sunset Advisory Commission for review and comment. The review must be 
19.12 	completed and submitted to the Sunset Advisory Commission and the senate and house of 
19.13 	representatives policy committees having jurisdiction over the board by January 1, 2013.
19.14 	(c) $45,000 from the state government special revenue fund is appropriated to the 
19.15 	commissioner for the study. Up to five percent of the appropriation is available to the 
19.16 	commissioner for administrative costs related to the study.

19.17 	Sec. 31. APPROPRIATION.
 19.18 	$127,000 is appropriated to the Legislative Coordinating Commission from the 
19.19 	general fund for the fiscal year ending June 30, 2013, to provide staff services or to enter 
19.20 	into contracts to assist the Sunset Advisory Commission. The general fund budget  base 
19.21 	for the Legislative Coordinating Commission, as established in Laws 2011, First Special 
19.22 	Session chapter 10, article 1, section 2, and as increased by the appropriation in this 
19.23 	section, is increased by an additional $33,000 per year.

19.24 	Sec. 32.  REPEALER.
 19.25 	Minnesota Statutes 2010, sections 138A.01; 138A.02; 138A.03; 138A.04; 138A.05; 
19.26 	and 138A.06, are repealed effective the day following final enactment.

19.27 	ARTICLE 3
19.28 	TRANSFER OF COMBATIVE SPORTS DUTIES

19.29 	Section 1. Minnesota Statutes 2010, section 341.21, is amended by adding a 
19.30 	subdivision to read:
19.31 		Subd. 3a.Commissioner. "Commissioner" means the commissioner of labor and 
19.32 	industry.

20.1 	Sec. 2. [341.221] ADVISORY COUNCIL.
20.2 	The commissioner must appoint a Combative Sports Advisory Council to advise 
20.3 	the commissioner on administration of duties under this chapter. The council must 
20.4 	include members knowledgeable in the boxing and mixed martial arts industries and 
20.5 	public members. Membership terms, removal of members, filling of vacancies, and 
20.6 	compensation of members is as provided in section 15.059.

20.7 	Sec. 3. Minnesota Statutes 2010, section 341.28, subdivision 1, is amended to read:
20.8 		Subdivision 1.Regulatory authority; combative sports. All combative sport 
20.9 	contests are subject to this chapter. The commission shall, for every combative sport 
20.10 	contest:
20.11 	(1) direct a commission member to be present; and
20.12 	(2) direct the attending commission member to make a written report of the contest.
20.13 	All combative sport contests within this state must be conducted according to the 
20.14 	requirements of this chapter.

20.15 	Sec. 4. Minnesota Statutes 2010, section 341.37, is amended to read:
20.16 	341.37 APPROPRIATION.
20.17 	A commission combative sports account is created in the special revenue fund. 
20.18 	Money in the account is annually appropriated to the commission commissioner for the 
20.19 	purposes of conducting its statutory responsibilities and obligations under this chapter.

20.20 	Sec. 5. TRANSFER OF DUTIES.
 20.21 	The Combative Sports Commission is abolished. Duties of the commission are 
20.22 	transferred to the commissioner of labor and industry. Minnesota Statutes, section 15.039, 
20.23 	subdivisions 1 to 6, apply to this transfer.

20.24 	Sec. 6. REVISOR'S INSTRUCTION.
 20.25 	The revisor of statutes shall substitute the term "commissioner" for "commission" in 
20.26 	each place the term "commission" appears in Minnesota Statutes, chapter 341.

20.27 	Sec. 7.  REPEALER.
 20.28 	Minnesota Statutes 2010, sections 341.21, subdivisions 3 and 4a; 341.22; 341.23; 
20.29 	341.24; and 341.26, are repealed.

20.30 	Sec. 8. EFFECTIVE DATE.
 21.1 	This article is effective July 1, 2013.

21.2 	ARTICLE 4
21.3 	ALCOHOL AND DRUG COUNSELORS

21.4 	Section 1. [148F.001] SCOPE.
21.5 	This chapter applies to all applicants and licensees, all persons who use the title 
21.6 	alcohol and drug counselor, and all persons in or out of this state who provide alcohol 
21.7 	and drug counseling services to clients who reside in this state unless there are specific 
21.8 	applicable exemptions provided by law.

21.9 	Sec. 2. [148F.010] DEFINITIONS.
21.10 		Subdivision 1.Scope. For purposes of this chapter, the terms in this section have 
21.11 	the meanings given.
21.12 		Subd. 2.Abuse. "Abuse" means a maladaptive pattern of substance use leading to 
21.13 	clinically significant impairment or distress, as manifested by one or more of the following 
21.14 	occurring at any time during the same 12-month period:
21.15 	(1) recurrent substance use resulting in a failure to fulfill major role obligations at 
21.16 	work, school, or home;
21.17 	(2) recurrent substance use in situations in which it is physically hazardous;
21.18 	(3) recurrent substance-related legal problems; and
21.19 	(4) continued substance use despite having persistent or recurrent social or 
21.20 	interpersonal problems caused or exacerbated by the effects of the substance.
21.21 		Subd. 3.Accredited school or educational program. "Accredited school or 
21.22 	educational program" means a school of alcohol and drug counseling, university, college, 
21.23 	or other postsecondary education program that, at the time the student completes 
21.24 	the program, is accredited by a regional accrediting association whose standards are 
21.25 	substantially equivalent to those of the North Central Association of Colleges and 
21.26 	Postsecondary Education Institutions or an accrediting association that evaluates schools 
21.27 	of alcohol and drug counseling for inclusion of the education, practicum, and core function 
21.28 	standards in this chapter.
21.29 		Subd. 4.Alcohol and drug counseling practicum. "Alcohol and drug counseling 
21.30 	practicum" means formal experience gained by a student and supervised by a person either 
21.31 	licensed under this chapter or exempt under its provisions, as part of an accredited school 
21.32 	or educational program of alcohol and drug counseling.
22.1 		Subd. 5.Alcohol and drug counselor. "Alcohol and drug counselor" means a 
22.2 	person who holds a valid license issued under this chapter to engage in the practice of 
22.3 	alcohol and drug counseling.
22.4 		Subd. 6.Applicant. "Applicant" means a person seeking a license or temporary 
22.5 	permit under this chapter.
22.6 		Subd. 7.Board. "Board" means the Board of Behavioral Health and Therapy 
22.7 	established in section 148B.51.
22.8 		Subd. 8.Client. "Client" means an individual who is the recipient of any of the 
22.9 	alcohol and drug counseling services described in this section.  Client also means "patient" 
22.10 	as defined in section 144.291, subdivision 2, paragraph (g).
22.11 		Subd. 9.Competence. "Competence" means the ability to provide services within 
22.12 	the practice of alcohol and drug counseling as defined in subdivision 19, that: 
22.13 	(1) are rendered with reasonable skill and safety;
22.14 	(2) meet minimum standards of acceptable and prevailing practice as described 
22.15 	in section 148F.120; and
22.16 	(3) take into account human diversity.
22.17 		Subd. 10.Core functions. "Core functions" means the following services provided 
22.18 	in alcohol and drug treatment:
22.19 	(1) "screening" means the process by which a client is determined appropriate and 
22.20 	eligible for admission to a particular program;
22.21 	(2) "intake" means the administrative and initial assessment procedures for 
22.22 	admission to a program;
22.23 	(3) "orientation" means describing to the client the general nature and goals of the 
22.24 	program; rules governing client conduct and infractions that can lead to disciplinary 
22.25 	action or discharge from the program; in a nonresidential program, the hours during which 
22.26 	services are available; treatment costs to be borne by the client, if any; and client's rights;
22.27 	(4) "assessment" means those procedures by which a counselor identifies and 
22.28 	evaluates an individual's strengths, weaknesses, problems, and needs to develop a 
22.29 	treatment plan or make recommendations for level of care placement;
22.30 	(5) "treatment planning" means the process by which the counselor and the client 
22.31 	identify and rank problems needing resolution; establish agreed-upon immediate and 
22.32 	long-term goals; and decide on a treatment process and the sources to be utilized;
22.33 	(6) "counseling" means the utilization of special skills to assist individuals, families, 
22.34 	or groups in achieving objectives through exploration of a problem and its ramifications; 
22.35 	examination of attitudes and feelings; consideration of alternative solutions; and decision 
22.36 	making;
23.1 	(7) "case management" means activities that bring services, agencies, resources, 
23.2 	or people together within a planned framework of action toward the achievement of 
23.3 	established goals;
23.4 	(8) "crisis intervention" means those services which respond to an alcohol or other 
23.5 	drug user's needs during acute emotional or physical distress;
23.6 	(9) "client education" means the provision of information to clients who are 
23.7 	receiving or seeking counseling concerning alcohol and other drug abuse and the available 
23.8 	services and resources;
23.9 	(10) "referral" means identifying the needs of the client which cannot be met by the 
23.10 	counselor or agency and assisting the client to utilize the support systems and available 
23.11 	community resources;
23.12 	(11) "reports and record keeping" means charting the results of the assessment 
23.13 	and treatment plan and writing reports, progress notes, discharge summaries, and other 
23.14 	client-related data; and
23.15 	(12) "consultation with other professionals regarding client treatment and services" 
23.16 	means communicating with other professionals in regard to client treatment and services 
23.17 	to assure comprehensive, quality care for the client.
23.18 		Subd. 11.Credential. "Credential" means a license, permit, certification, 
23.19 	registration, or other evidence of qualification or authorization to engage in the practice of 
23.20 	an occupation in any state or jurisdiction.
23.21 		Subd. 12.Dependent on the provider. "Dependent on the provider" means that the 
23.22 	nature of a former client's emotional or cognitive condition and the nature of the services 
23.23 	by the provider are such that the provider knows or should have known that the former 
23.24 	client is unable to withhold consent to sexually exploitative behavior by the provider.
23.25 		Subd. 13.Familial. "Familial" means of, involving, related to, or common to a 
23.26 	family member as defined in subdivision 14.
23.27 		Subd. 14.Family member or member of the family. "Family member" or 
23.28 	"member of the family" means a spouse, parent, offspring, sibling, grandparent, 
23.29 	grandchild, uncle, aunt, niece, or nephew, or an individual who serves in the role of one of 
23.30 	the foregoing.
23.31 		Subd. 15.Group clients. "Group clients" means two or more individuals who are 
23.32 	each a corecipient of alcohol and drug counseling services. Group clients may include, 
23.33 	but are not limited to, two or more family members, when each is the direct recipient of 
23.34 	services, or each client receiving group counseling services.
24.1 		Subd. 16.Informed consent. "Informed consent" means an agreement between 
24.2 	a provider and a client that authorizes the provider to engage in a professional activity 
24.3 	affecting the client. Informed consent requires:
24.4 	(1) the provider to give the client sufficient information so the client is able to decide 
24.5 	knowingly whether to agree to the proposed professional activity;
24.6 	(2) the provider to discuss the information in language that the client can reasonably 
24.7 	be expected to understand; and
24.8 	(3) the client's consent to be given without undue influence by the provider.
24.9 		Subd. 17.Licensee. "Licensee" means a person who holds a valid license under 
24.10 	this chapter.
24.11 		Subd. 18.Practice of alcohol and drug counseling. "Practice of alcohol and 
24.12 	drug counseling" means the observation, description, evaluation, interpretation, and 
24.13 	modification of human behavior by the application of core functions as it relates to the 
24.14 	harmful or pathological use or abuse of alcohol or other drugs. The practice of alcohol 
24.15 	and drug counseling includes, but is not limited to, the following activities, regardless of 
24.16 	whether the counselor receives compensation for the activities:
24.17 	(1) assisting clients who use alcohol or drugs, evaluating that use, and recognizing 
24.18 	dependency if it exists;
24.19 	(2) assisting clients with alcohol or other drug problems to gain insight and 
24.20 	motivation aimed at resolving those problems;
24.21 	(3) providing experienced professional guidance, assistance, and support for the 
24.22 	client's efforts to develop and maintain a responsible functional lifestyle;
24.23 	(4) recognizing problems outside the scope of the counselor's training, skill, or 
24.24 	competence and referring the client to other appropriate professional services;
24.25 	(5) diagnosing the level of alcohol or other drug use involvement to determine the 
24.26 	level of care;
24.27 	(6) individual planning to prevent a return to harmful alcohol or chemical use;
24.28 	(7) alcohol and other drug abuse education for clients;
24.29 	(8) consultation with other professionals;
24.30 	(9) gaining diversity awareness through ongoing training and education; and
24.31 	(10) providing the above services, as needed, to family members or others who are 
24.32 	directly affected by someone using alcohol or other drugs.
24.33 		Subd. 19.Practice foundation. "Practice foundation" means that an alcohol and 
24.34 	drug counseling service or continuing education activity is based upon observations, 
24.35 	methods, procedures, or theories that are generally accepted by the professional 
24.36 	community in alcohol and drug counseling.
25.1 		Subd. 20.Private information. "Private information" means any information, 
25.2 	including, but not limited to, client records as defined in section 148F.150, test results, 
25.3 	or test interpretations developed during a professional relationship between a provider 
25.4 	and a client.
25.5 		Subd. 21.Provider. "Provider" means a licensee, a temporary permit holder, or an 
25.6 	applicant.
25.7 		Subd. 22.Public statement. "Public statement" means any statement, 
25.8 	communication, or representation by a provider to the public regarding the provider or 
25.9 	the provider's professional services or products. Public statements include, but are not 
25.10 	limited to, advertising, representations in reports or letters, descriptions of credentials 
25.11 	and qualifications, brochures and other descriptions of services, directory listings, 
25.12 	personal resumes or curricula vitae, comments for use in the media, Web sites, grant and 
25.13 	credentialing applications, or product endorsements.
25.14 		Subd. 23.Report. "Report" means any written or oral professional communication, 
25.15 	including a letter, regarding a client or subject that includes one or more of the following: 
25.16 	historical data, behavioral observations, opinions, diagnostic or evaluative statements, 
25.17 	or recommendations. The testimony of a provider as an expert or fact witness in a 
25.18 	legal proceeding also constitutes a report. For purposes of this chapter, letters of 
25.19 	recommendation for academic or career purposes are not considered reports.
25.20 		Subd. 24.Significant risks and benefits. "Significant risks and benefits" means 
25.21 	those risks and benefits that are known or reasonably foreseeable by the provider, 
25.22 	including the possible range and likelihood of outcomes, and that are necessary for the 
25.23 	client to know in order to decide whether to give consent to proposed services or to 
25.24 	reasonable alternative services.
25.25 		Subd. 25.Student. "Student" means an individual who is enrolled in a program in 
25.26 	alcohol and drug counseling at an accredited educational institution, or who is taking an 
25.27 	alcohol and drug counseling course or practicum for credit.
25.28 		Subd. 26.Supervisee. "Supervisee" means an individual whose supervision is 
25.29 	required to obtain credentialing by a licensure board or to comply with a board order.
25.30 		Subd. 27.Supervisor. "Supervisor" means a licensed alcohol and drug counselor 
25.31 	licensed under this chapter or other licensed professional practicing alcohol and drug 
25.32 	counseling under section 148F.110, who meets the requirements of section 148F.040, 
25.33 	subdivision 3, and who provides supervision to persons seeking licensure under section 
25.34 	148F.025, subdivision 3, paragraph (2), clause (ii).
25.35 		Subd. 28.Test. "Test" means any instrument, device, survey, questionnaire, 
25.36 	technique, scale, inventory, or other process which is designed or constructed for the 
26.1 	purpose of measuring, evaluating, assessing, describing, or predicting personality, 
26.2 	behavior, traits, cognitive functioning, aptitudes, attitudes, skills, values, interests, 
26.3 	abilities, or other characteristics of individuals.
26.4 		Subd. 29.Unprofessional conduct. "Unprofessional conduct" means any conduct 
26.5 	violating sections 148F.001 to 148F.205, or any conduct that fails to conform to the 
26.6 	minimum standards of acceptable and prevailing practice necessary for the protection 
26.7 	of the public.
26.8 		Subd. 30.Variance. "Variance" means board-authorized permission to comply with 
26.9 	a law or rule in a manner other than that generally specified in the law or rule.

26.10 	Sec. 3. [148F.015] DUTIES OF THE BOARD.
26.11 	The board shall:
26.12 	(1) adopt and enforce rules for licensure and regulation of alcohol and drug 
26.13 	counselors and temporary permit holders, including a standard disciplinary process and 
26.14 	rules of professional conduct;
26.15 	(2) issue licenses and temporary permits to qualified individuals under sections 
26.16 	148F.001 to 148F.205;
26.17 	(3) carry out disciplinary actions against licensees and temporary permit holders;
26.18 	(4) educate the public about the existence and content of the regulations for alcohol 
26.19 	and drug counselor licensing to enable consumers to file complaints against licensees who 
26.20 	may have violated the rules; and
26.21 	(5) collect nonrefundable license fees for alcohol and drug counselors.

26.22 	Sec. 4. [148F.020] DUTY TO MAINTAIN CURRENT INFORMATION.
26.23 	All individuals licensed as alcohol and drug counselors, all individuals with 
26.24 	temporary permits, and all applicants for licensure must notify the board within 30 days 
26.25 	of the occurrence of any of the following:
26.26 	(1) a change of name, address, place of employment, and home or business 
26.27 	telephone number; and
26.28 	(2) a change in any other application information.

26.29 	Sec. 5. [148F.025] REQUIREMENTS FOR LICENSURE.
26.30 		Subdivision 1.Form; fee. Individuals seeking licensure as a licensed alcohol and 
26.31 	drug counselor shall fully complete and submit a notarized written application on forms 
26.32 	provided by the board together with the appropriate fee in the amount set under section 
26.33 	148F.115. No portion of the fee is refundable.
27.1 		Subd. 2.Education requirements for licensure. An applicant for licensure must 
27.2 	submit evidence satisfactory to the board that the applicant has:
27.3 	(1) received a bachelor's degree from an accredited school or educational program; 
27.4 	and
27.5 	(2) received 18 semester credits or 270 clock hours of academic course work and 
27.6 	880 clock hours of supervised alcohol and drug counseling practicum from an accredited 
27.7 	school or education program. The course work and practicum do not have to be part of 
27.8 	the bachelor's degree earned under clause (1). The academic course work must be in 
27.9 	the following areas: 
27.10 	(i) an overview of the transdisciplinary foundations of alcohol and drug counseling, 
27.11 	including theories of chemical dependency, the continuum of care, and the process of 
27.12 	change;
27.13 	(ii) pharmacology of substance abuse disorders and the dynamics of addiction, 
27.14 	including medication-assisted therapy;
27.15 	(iii) professional and ethical responsibilities;
27.16 	(iv) multicultural aspects of chemical dependency;
27.17 	(v) co-occurring disorders; and
27.18 	(vi) the core functions defined in section 148F.010, subdivision 10.
27.19 		Subd. 3.Examination requirements for licensure. (a) To be eligible for licensure, 
27.20 	the applicant must:
27.21 	(1) satisfactorily pass the International Certification and Reciprocity Consortium 
27.22 	Alcohol and Other Drug Abuse Counselor (IC&RC AODA) written examination adopted 
27.23 	June 2008, or other equivalent examination as determined by the board; or
27.24 	(2) satisfactorily pass a written examination for licensure as an alcohol and drug 
27.25 	counselor, as determined by the board, and one of the following:
27.26 	(i) complete a written case presentation and pass an oral examination that 
27.27 	demonstrates competence in the core functions as defined in section 148F.010, subdivision 
27.28 	10; or
27.29 	(ii) complete 2,000 hours of postdegree supervised professional practice under 
27.30 	section 148F.040.

27.31 	Sec. 6. [148F.030] RECIPROCITY.
27.32 	(a) An individual who holds a current license or national certification as an alcohol 
27.33 	and drug counselor from another jurisdiction must file with the board a completed 
27.34 	application for licensure by reciprocity containing the information required in this section.
28.1 	(b) The applicant must request the credentialing authority of the jurisdiction in 
28.2 	which the credential is held to send directly to the board a statement that the credential 
28.3 	is current and in good standing, the applicant's qualifications that entitled the applicant 
28.4 	to the credential, and a copy of the jurisdiction's credentialing laws and rules that were 
28.5 	in effect at the time the applicant obtained the credential.
28.6 	(c) The board shall issue a license if the board finds that the requirements which 
28.7 	the applicant met to obtain the credential from the other jurisdiction were substantially 
28.8 	similar to the current requirements for licensure in this chapter and that the applicant is not 
28.9 	otherwise disqualified under section 148F.090.

28.10 	Sec. 7. [148F.035] TEMPORARY PERMIT.
28.11 	(a) The board may issue a temporary permit to practice alcohol and drug counseling 
28.12 	to an individual prior to being licensed under this chapter if the person:
28.13 	(1) received an associate degree, or an equivalent number of credit hours, completed 
28.14 	880 clock hours of supervised alcohol and drug counseling practicum, and 18 semester 
28.15 	credits or 270 clock hours of academic course work in alcohol and drug counseling from 
28.16 	an accredited school or education program; and
28.17 	(2) completed academic course work in the following areas:
28.18 	(i) overview of the transdisciplinary foundations of alcohol and drug counseling, 
28.19 	including theories of chemical dependency, the continuum of care, and the process of 
28.20 	change; 
28.21 	(ii) pharmacology of substance abuse disorders and the dynamics of addiction, 
28.22 	including medication-assisted therapy;
28.23 	(iii) professional and ethical responsibilities;
28.24 	(iv) multicultural aspects of chemical dependency;
28.25 	(v) co-occurring disorders; and
28.26 	(vi) core functions defined in section 148F.010, subdivision 10.
28.27 	(b) An individual seeking a temporary permit shall fully complete and submit 
28.28 	a notarized written application on forms provided by the board together with the 
28.29 	nonrefundable temporary permit fee specified in section 148F.115, subdivision 3, clause 
28.30 	(1).
28.31 	(c) An individual practicing under this section:
28.32 	(1) must be supervised by a licensed alcohol and drug counselor or other licensed 
28.33 	professional practicing alcohol and drug counseling under section 148F.110, subdivision 1;
29.1 	(2) is subject to all statutes and rules to the same extent as an individual who is 
29.2 	licensed under this chapter, except the individual is not subject to the continuing education 
29.3 	requirements of section 148F.075; and
29.4 	(3) must use the title "Alcohol and Drug Counselor-Trainee" or the letters "ADC-T" 
29.5 	in professional activities.
29.6 	(d)(1) An individual practicing with a temporary permit must submit a renewal 
29.7 	application annually on forms provided by the board with the renewal fee required in 
29.8 	section 148F.115, subdivision 3.
29.9 	(2) A temporary permit is automatically terminated if not renewed, upon a change in 
29.10 	supervision, or upon the granting or denial by the board of the applicant's application for 
29.11 	licensure as an alcohol and drug counselor.
29.12 	(3) A temporary permit may be renewed no more than five times.

29.13 	Sec. 8. [148F.040] SUPERVISED POSTDEGREE PROFESSIONAL PRACTICE.
29.14 		Subdivision 1.Supervision. For the purposes of this section, "supervision" means 
29.15 	documented interactive consultation, which, subject to the limitations of subdivision 4, 
29.16 	paragraph (b), may be conducted in person, by telephone, or by audio or audiovisual 
29.17 	electronic device by a supervisor with a supervisee. The supervision must be adequate to 
29.18 	ensure the quality and competence of the activities supervised. Supervisory consultation 
29.19 	must include discussions on the nature and content of the practice of the supervisee, 
29.20 	including, but not limited to, a review of a representative sample of alcohol and drug 
29.21 	counseling services in the supervisee's practice.
29.22 		Subd. 2.Postdegree professional practice. "Postdegree professional practice" 
29.23 	means paid or volunteer work experience and training following graduation from an 
29.24 	accredited school or educational program that involves professional oversight by a 
29.25 	supervisor approved by the board and that satisfies the supervision requirements in 
29.26 	subdivision 4.
29.27 		Subd. 3.Supervisor requirements. For the purposes of this section, a supervisor 
29.28 	shall:
29.29 	(1) be a licensed alcohol and drug counselor or other qualified professional as 
29.30 	determined by the board;
29.31 	(2) have three years of experience providing alcohol and drug counseling services; 
29.32 	and
29.33 	(3) have received a minimum of 12 hours of training in clinical and ethical 
29.34 	supervision, which may include course work, continuing education courses, workshops, 
29.35 	or a combination thereof.
30.1 		Subd. 4.Supervised practice requirements for licensure. (a) The content of 
30.2 	supervision must include:
30.3 	(1) knowledge, skills, values, and ethics with specific application to the practice 
30.4 	issues faced by the supervisee, including the core functions in section 148F.010, 
30.5 	subdivision 10;
30.6 	(2) the standards of practice and ethical conduct, with particular emphasis given to 
30.7 	the counselor's role and appropriate responsibilities, professional boundaries, and power 
30.8 	dynamics; and
30.9 	(3) the supervisee's permissible scope of practice, as defined in section 148F.010, 
30.10 	subdivision 18.
30.11 	(b) The supervision must be obtained at the rate of one hour of supervision per 40 
30.12 	hours of professional practice, for a total of 50 hours of supervision. The supervision must 
30.13 	be evenly distributed over the course of the supervised professional practice. At least 75 
30.14 	percent of the required supervision hours must be received in person. The remaining 25 
30.15 	percent of the required hours may be received by telephone or by audio or audiovisual 
30.16 	electronic device. At least 50 percent of the required hours of supervision must be received 
30.17 	on an individual basis. The remaining 50 percent may be received in a group setting.
30.18 	(c) The supervision must be completed in no fewer than 12 consecutive months 
30.19 	and no more than 36 consecutive months.
30.20 	(d) The applicant shall include with an application for licensure a verification of 
30.21 	completion of the 2,000 hours of supervised professional practice. Verification must be 
30.22 	on a form specified by the board. The supervisor shall verify that the supervisee has 
30.23 	completed the required hours of supervision according to this section. The supervised 
30.24 	practice required under this section is unacceptable if the supervisor attests that the 
30.25 	supervisee's performance, competence, or adherence to the standards of practice and 
30.26 	ethical conduct has been unsatisfactory.

30.27 	Sec. 9. [148F.045] ALCOHOL AND DRUG COUNSELOR TECHNICIAN.
30.28 	An alcohol and drug counselor technician may perform the screening, intake, and 
30.29 	orientation services described in section 148F.010, subdivision 10, clauses (1), (2), and 
30.30 	(3), while under the direct supervision of a licensed alcohol and drug counselor.

30.31 	Sec. 10. [148F.050] LICENSE RENEWAL REQUIREMENTS.
30.32 		Subdivision 1.Biennial renewal. A license must be renewed every two years.
30.33 		Subd. 2.License renewal notice. At least 60 calendar days before the renewal 
30.34 	deadline date, the board shall mail a renewal notice to the licensee's last known address 
31.1 	on file with the board. The notice must include instructions for accessing an online 
31.2 	application for license renewal, the renewal deadline, and notice of fees required for 
31.3 	renewal. The licensee's failure to receive notice does not relieve the licensee of the 
31.4 	obligation to meet the renewal deadline and other requirements for license renewal.
31.5 		Subd. 3.Renewal requirements. (a) To renew a license, a licensee must submit to 
31.6 	the board:
31.7 	(1) a completed, signed, and notarized application for license renewal;
31.8 	(2) the renewal fee required under section 148F.115, subdivision 2; and
31.9 	(3) evidence satisfactory to the board that the licensee has completed 40 clock 
31.10 	hours of continuing education during the preceding two-year renewal period that meet the 
31.11 	requirements of section 148F.075.
31.12 	(b) The application must be postmarked or received by the board by the end of the 
31.13 	day on which the license expires or the following business day if the expiration date 
31.14 	falls on a Saturday, Sunday, or holiday. An application which is not completed, signed, 
31.15 	notarized, or which is not accompanied by the correct fee, is void and must be returned 
31.16 	to the licensee.
31.17 		Subd. 4.Pending renewal. If a licensee's application for license renewal is 
31.18 	postmarked or received by the board by the end of the business day on the expiration date 
31.19 	of the license, the licensee may continue to practice after the expiration date while the 
31.20 	application for license renewal is pending with the board.
31.21 		Subd. 5.Late renewal fee. If the application for license renewal is postmarked or 
31.22 	received after the expiration date, the licensee shall pay a late fee as specified by section 
31.23 	148F.115, subdivision 5, clause (1), in addition to the renewal fee, before the application 
31.24 	for license renewal will be considered by the board.

31.25 	Sec. 11. [148F.055] EXPIRED LICENSE.
31.26 		Subdivision 1.Expiration of license. A licensee who fails to submit an application 
31.27 	for license renewal, or whose application for license renewal is not postmarked or received 
31.28 	by the board as required, is not authorized to practice after the expiration date and is 
31.29 	subject to disciplinary action by the board for any practice after the expiration date.
31.30 		Subd. 2.Termination for nonrenewal. (a) Within 30 days after the renewal date, a 
31.31 	licensee who has not renewed the license shall be notified by letter sent to the last known 
31.32 	address of the licensee in the board's file that the renewal is overdue and that failure to 
31.33 	pay the current fee and current late fee within 60 days after the renewal date will result in 
31.34 	termination of the license.
32.1 	(b) The board shall terminate the license of a licensee whose license renewal is at 
32.2 	least 60 days overdue and to whom notification has been sent as provided in paragraph 
32.3 	(a). Failure of a licensee to receive notification is not grounds for later challenge of the 
32.4 	termination. The former licensee shall be notified of the termination by letter within seven 
32.5 	days after the board action, in the same manner as provided in paragraph (a).

32.6 	Sec. 12. [148F.060] VOLUNTARY TERMINATION.
32.7 	A license may be voluntarily terminated by the licensee at any time upon written 
32.8 	notification to the board, unless a complaint is pending against the licensee. The 
32.9 	notification must be received by the board prior to termination of the license for failure to 
32.10 	renew. A former licensee may be licensed again only after complying with the relicensure 
32.11 	following termination requirements under section 148F.065.  For purposes of this section, 
32.12 	the board retains jurisdiction over any licensee whose license has been voluntarily 
32.13 	terminated and against whom the board receives a complaint for conduct occurring during 
32.14 	the period of licensure.

32.15 	Sec. 13. [148F.065] RELICENSURE FOLLOWING TERMINATION.
32.16 		Subdivision 1.Relicensure. For a period of two years, a former licensee whose 
32.17 	license has been voluntarily terminated or terminated for nonrenewal as provided in 
32.18 	section 148F.055, subdivision 2, may be relicensed by completing an application for 
32.19 	relicensure, paying the applicable fee, and verifying that the former licensee has not 
32.20 	engaged in the practice of alcohol and drug counseling in this state since the date of 
32.21 	termination. The verification must be accompanied by a notarized affirmation that the 
32.22 	statement is true and correct to the best knowledge and belief of the former licensee. 
32.23 		Subd. 2.Continuing education for relicensure. A former licensee seeking 
32.24 	relicensure after license termination must provide evidence of having completed at least 
32.25 	20 hours of continuing education activities for each year, or portion thereof, that the 
32.26 	former licensee did not hold a license.
32.27 		Subd. 3.Cancellation of license. The board shall not renew, reissue, reinstate, 
32.28 	or restore the license of a former licensee which was terminated for nonrenewal, or 
32.29 	voluntarily terminated, and for which relicensure was not sought for more than two years 
32.30 	from the date the license was terminated for nonrenewal, or voluntarily terminated. A 
32.31 	former licensee seeking relicensure after this two-year period must obtain a new license 
32.32 	by applying for licensure and fulfilling all requirements then in existence for an initial 
32.33 	license to practice alcohol and drug counseling in Minnesota.

33.1 	Sec. 14. [148F.070] INACTIVE LICENSE STATUS.
33.2 		Subdivision 1.Request for inactive status. Unless a complaint is pending against 
33.3 	the licensee, a licensee whose license is in good standing may request, in writing, that the 
33.4 	license be placed on the inactive list. If a complaint is pending against a licensee, a license 
33.5 	may not be placed on the inactive list until action relating to the complaint is concluded. 
33.6 	The board must receive the request for inactive status before expiration of the license, or 
33.7 	the person must pay the late fee.  A licensee may renew a license that is inactive under this 
33.8 	subdivision by meeting the renewal requirements of subdivision 2.  A licensee must not 
33.9 	practice alcohol and drug counseling while the license is inactive.
33.10 		Subd. 2.Renewal of inactive license. A licensee whose license is inactive must 
33.11 	renew the inactive status by the inactive status expiration date determined by the board, 
33.12 	or the license will expire. An application for renewal of inactive status must include 
33.13 	evidence satisfactory to the board that the licensee has completed 40 clock hours of 
33.14 	continuing education required in section 148F.075. Late renewal of inactive status must be 
33.15 	accompanied by a late fee as required in section 148F.115, subdivision 5, paragraph (2).

33.16 	Sec. 15. [148F.075] CONTINUING EDUCATION REQUIREMENTS.
33.17 		Subdivision 1.Purpose. (a) The purpose of mandatory continuing education is to 
33.18 	promote the professional development of alcohol and drug counselors so that the services 
33.19 	they provide promote the health and well-being of clients who receive services.
33.20 	(b) Continued professional growth and maintaining competence in providing alcohol 
33.21 	and drug counseling services are the ethical responsibilities of each licensee.
33.22 		Subd. 2.Requirement. Every two years, all licensees must complete a minimum 
33.23 	of 40 clock hours of continuing education activities that meet the requirements in this 
33.24 	section. The 40 clock hours shall include a minimum of nine clock hours on diversity, 
33.25 	and a minimum of three clock hours on professional ethics. Diversity training includes, 
33.26 	but is not limited to, the topics listed in Minnesota Rules, part 4747.1100, subpart 2. 
33.27 	A licensee may be given credit only for activities that directly relate to the practice 
33.28 	of alcohol and drug counseling. 
33.29 		Subd. 3.Standards for approval. In order to obtain clock hour credit for a 
33.30 	continuing education activity, the activity must:
33.31 	(1) constitute an organized program of learning;
33.32 	(2) reasonably be expected to advance the knowledge and skills of the alcohol 
33.33 	and drug counselor;
33.34 	(3) pertain to subjects that directly relate to the practice of alcohol and drug 
33.35 	counseling;
34.1 	(4) be conducted by individuals who have education, training, and experience and 
34.2 	are knowledgeable about the subject matter; and
34.3 	(5) be presented by a sponsor who has a system to verify participation and maintains 
34.4 	attendance records for three years, unless the sponsor provides dated evidence to each 
34.5 	participant with the number of clock hours awarded.
34.6 		Subd. 4.Qualifying activities. Clock hours may be earned through the following:
34.7 	(1) attendance at educational programs of annual conferences, lectures, panel 
34.8 	discussions, workshops, in-service training, seminars, and symposia;
34.9 	(2) successful completion of college or university courses offered by a regionally 
34.10 	accredited school or education program, if not being taken in order to meet the educational 
34.11 	requirements for licensure under this chapter.  The licensee must obtain a grade of at least 
34.12 	a "C" or its equivalent or a pass in a pass/fail course in order to receive the following 
34.13 	continuing education credits:
34.14 	(i) one semester credit equals 15 clock hours;
34.15 	(ii) one trimester credit equals 12 clock hours; and
34.16 	(iii) one quarter credit equals 10 clock hours;
34.17 	(3) successful completion of home study or online courses offered by an accredited 
34.18 	school or education program and that require a licensee to demonstrate knowledge 
34.19 	following completion of the course;
34.20 	(4) teaching a course at a regionally accredited institution of higher education.  To 
34.21 	qualify for continuing education credit, the course must directly relate to the practice of 
34.22 	alcohol and drug counseling, as determined by the board.  Continuing education hours may 
34.23 	be earned only for the first time the licensee teaches the course. Ten continuing education 
34.24 	hours may be earned for each semester credit hour taught; or
34.25 	(5) presentations at workshops, seminars, symposia, meetings of professional 
34.26 	organizations, in-service trainings, or postgraduate institutes. The presentation must be 
34.27 	related to alcohol and drug counseling. A presenter may claim one hour of continuing 
34.28 	education for each hour of presentation time. A presenter may also receive continuing 
34.29 	education hours for development time at the rate of three hours for each hour of 
34.30 	presentation time. Continuing education hours may be earned only for the licensee's 
34.31 	first presentation on the subject developed.
34.32 		Subd. 5.Activities not qualifying for continuing education clock hours.
 34.33 	Approval shall not be given for courses that do not meet the requirements of this section 
34.34 	or are limited to the following:
34.35 	(1) any subject contrary to the rules of professional conduct;
34.36 	(2) supervision of personnel;
35.1 	(3) entertainment or recreational activities;
35.2 	(4) employment orientation sessions;
35.3 	(5) policy meetings;
35.4 	(6) marketing;
35.5 	(7) business;
35.6 	(8) first aid, CPR, and similar training classes; and
35.7 	(9) training related to payment systems, including covered services, coding, and 
35.8 	billing.
35.9 		Subd. 6.Documentation of reporting compliance. (a) When the licensee applies 
35.10 	for renewal of the license, the licensee must complete and submit an affidavit of continuing 
35.11 	education compliance showing that the licensee has completed a minimum of 40 approved 
35.12 	continuing education clock hours since the last renewal. Failure to submit the affidavit 
35.13 	when required makes the licensee's renewal application incomplete and void.
35.14 	(b) All licensees shall retain original documentation of completion of continuing 
35.15 	education hours for a period of five years. For purposes of compliance with this section, a 
35.16 	receipt for payment of the fee for the course is not sufficient evidence of completion of the 
35.17 	required hours of continuing education.  Information retained shall include:
35.18 	(1) the continuing education activity title;
35.19 	(2) a brief description of the continuing education activity;
35.20 	(3) the sponsor, presenter, or author;
35.21 	(4) the location and the dates attended;
35.22 	(5) the number of clock hours; and
35.23 	(6) the certificate of attendance, if applicable.
35.24 	(c) Only continuing education obtained during the two-year reporting period may be 
35.25 	considered at the time of reporting.
35.26 		Subd. 7.Continuing education audit. (a) At the time of renewal, the board may 
35.27 	randomly audit a percentage of its licensees for compliance with continuing education 
35.28 	requirements.
35.29 	(b) The board shall mail a notice to a licensee selected for an audit of continuing 
35.30 	education hours. The notice must include the reporting periods selected for audit.
35.31 	(c) Selected licensees shall submit copies of the original documentation of completed 
35.32 	continuing education hours. Upon specific request, the licensee shall submit original 
35.33 	documentation. Failure to submit required documentation shall result in the renewal 
35.34 	application being considered incomplete and void and constitute grounds for nonrenewal 
35.35 	of the license and disciplinary action.
36.1 		Subd. 8.Variance of continuing education requirements. (a) If a licensee is 
36.2 	unable to meet the continuing education requirements by the renewal date, the licensee 
36.3 	may request a time-limited variance to fulfill the requirements after the renewal date. A 
36.4 	licensee seeking a variance is considered to be renewing late and is subject to the late 
36.5 	renewal fee, regardless of when the request is received or whether the variance is granted.
36.6 	(b) The licensee shall submit the variance request on a form designated by the board, 
36.7 	include the variance fee subject to section 14.056, subdivision 2, and the late fee for 
36.8 	license renewal under section 148F.115. The variance request is subject to the criteria for 
36.9 	rule variances in section 14.055, subdivision 4, and must include a written plan listing 
36.10 	the activities offered to meet the requirement. Hours completed after the renewal date 
36.11 	pursuant to the written plan count toward meeting only the requirements of the previous 
36.12 	renewal period.
36.13 	(c) A variance granted under this subdivision expires six months after the license 
36.14 	renewal date. A licensee who is granted a variance but fails to complete the required 
36.15 	continuing education within the six-month period may apply for a second variance 
36.16 	according to this subdivision.
36.17 	(d) If an initial variance request is denied, the license of the licensee shall not be 
36.18 	renewed until the licensee completes the continuing education requirements. If an initial 
36.19 	variance is granted, and the licensee fails to complete the required continuing education 
36.20 	within the six-month period, the license shall be administratively suspended until the 
36.21 	licensee completes the required continuing education, unless the licensee has obtained a 
36.22 	second variance according to paragraph (c).

36.23 	Sec. 16. [148F.080] SPONSOR'S APPLICATION FOR APPROVAL.
36.24 		Subdivision 1.Content. Individuals, organizations, associations, corporations, 
36.25 	educational institutions, or groups intending to offer continuing education activities for 
36.26 	approval must submit to the board the sponsor application fee and a completed application 
36.27 	for approval on a form provided by the board. The sponsor must comply with the 
36.28 	following to receive and maintain approval: 
36.29 	(1) submit the application for approval at least 60 days before the activity is 
36.30 	scheduled to begin; and
36.31 	(2) include the following information in the application for approval to enable the 
36.32 	board to determine whether the activity complies with section 148F.075:
36.33 	(i) a statement of the objectives of the activity and the knowledge the participants 
36.34 	will have gained upon completion of the activity;
37.1 	(ii) a description of the content and methodology of the activity which will allow the 
37.2 	participants to meet the objectives;
37.3 	(iii) a description of the method the participants will use to evaluate the activity;
37.4 	(iv) a list of the qualifications of each instructor or developer that shows the 
37.5 	instructor's or developer's current knowledge and skill in the activity's subject; 
37.6 	(v) a description of the certificate or other form of verification of attendance 
37.7 	distributed to each participant upon successful completion of the activity;
37.8 	(vi) the sponsor's agreement to retain attendance lists for a period of five years 
37.9 	from the date of the activity; and
37.10 	(vii) a copy of any proposed advertisement or other promotional literature.
37.11 		Subd. 2.Approval expiration. If the board approves an activity it shall assign the 
37.12 	activity a number. The approval remains in effect for one year from the date of initial 
37.13 	approval. Upon expiration, a sponsor must submit a new application for activity approval 
37.14 	to the board as required by subdivision 1.
37.15 		Subd. 3.Statement of board approval. Each sponsor of an approved activity shall 
37.16 	include in any promotional literature a statement that "This activity has been approved by 
37.17 	the Minnesota Board of Behavioral Health and Therapy for ... hours of credit."
37.18 		Subd. 4.Changes. The activity sponsor must submit proposed changes in an 
37.19 	approved activity to the board for its approval.
37.20 		Subd. 5.Denial of approval. The board shall not approve an activity if it does not 
37.21 	meet the continuing education requirements in section 148F.075. The board shall notify 
37.22 	the sponsor in writing of its reasons for denial.
37.23 		Subd. 6.Revocation of approval. The board shall revoke its approval of an activity 
37.24 	if a sponsor falsifies information contained in its application for approval, or if a sponsor 
37.25 	fails to notify the board of changes to an approved activity as required in subdivision 4.

37.26 	Sec. 17. [148F.085] NONTRANSFERABILITY OF LICENSES.
37.27 	An alcohol and drug counselor license is not transferable.

37.28 	Sec. 18. [148F.090] DENIAL, SUSPENSION, OR REVOCATION OF LICENSE.
37.29 		Subdivision 1.Grounds. The board may impose disciplinary action as described 
37.30 	in subdivision 2 against an applicant or licensee whom the board, by a preponderance of 
37.31 	the evidence, determines:
37.32 	(1) has violated a statute, rule, or order that the board issued or is empowered to 
37.33 	enforce;
38.1 	(2) has engaged in fraudulent, deceptive, or dishonest conduct, whether or not the 
38.2 	conduct relates to the practice of licensed alcohol and drug counseling that adversely 
38.3 	affects the person's ability or fitness to practice alcohol and drug counseling;
38.4 	(3) has engaged in unprofessional conduct or any other conduct which has the 
38.5 	potential for causing harm to the public, including any departure from or failure to 
38.6 	conform to the minimum standards of acceptable and prevailing practice without actual 
38.7 	injury having to be established;
38.8 	(4) has been convicted of or has pled guilty or nolo contendere to a felony or other 
38.9 	crime, an element of which is dishonesty or fraud, or has been shown to have engaged 
38.10 	in acts or practices tending to show that the applicant or licensee is incompetent or has 
38.11 	engaged in conduct reflecting adversely on the applicant's or licensee's ability or fitness 
38.12 	to engage in the practice of alcohol and drug counseling;
38.13 	(5) has employed fraud or deception in obtaining or renewing a license, or in 
38.14 	passing an examination;
38.15 	(6) has had any license, certificate, registration, privilege to take an examination, 
38.16 	or other similar authority denied, revoked, suspended, canceled, limited, or not renewed 
38.17 	for cause in any jurisdiction or has surrendered or voluntarily terminated a license or 
38.18 	certificate during a board investigation of a complaint, as part of a disciplinary order, or 
38.19 	while under a disciplinary order;
38.20 	(7) has failed to meet any requirement for the issuance or renewal of the person's 
38.21 	license. The burden of proof is on the applicant or licensee to demonstrate the 
38.22 	qualifications or satisfy the requirements for a license under this chapter;
38.23 	(8) has failed to cooperate with an investigation by the board;
38.24 	(9) has demonstrated an inability to practice alcohol and drug counseling with 
38.25 	reasonable skill and safety as a result of illness, use of alcohol, drugs, chemicals, or any 
38.26 	other materials, or as a result of any mental, physical, or psychological condition;
38.27 	(10) has engaged in conduct with a client that is sexual or may reasonably be 
38.28 	interpreted by the client as sexual, or in any verbal behavior that is seductive or sexually 
38.29 	demeaning to a client;
38.30 	(11) has been subject to a corrective action or similar, nondisciplinary action in 
38.31 	another jurisdiction or by another regulatory authority;
38.32 	(12) has been adjudicated as mentally incompetent, mentally ill, or developmentally 
38.33 	disabled or as a chemically dependent person, a person dangerous to the public, a sexually 
38.34 	dangerous person, or a person who has a sexual psychopathic personality by a court 
38.35 	of competent jurisdiction within this state or an equivalent adjudication from another 
39.1 	state. Adjudication automatically suspends a license for the duration thereof unless the 
39.2 	board orders otherwise;
39.3 	(13) fails to comply with a client's request for health records made under sections 
39.4 	144.291 to 144.298, or to furnish a client record or report required by law; 
39.5 	(14) has engaged in abusive or fraudulent billing practices, including violations of 
39.6 	the federal Medicare and Medicaid laws or state medical assistance laws; or
39.7 	(15) has engaged in fee splitting. This clause does not apply to the distribution 
39.8 	of revenues from a partnership, group practice, nonprofit corporation, or professional 
39.9 	corporation to its partners, shareholders, members, or employees if the revenues consist 
39.10 	only of fees for services performed by the licensee or under a licensee's administrative 
39.11 	authority. Fee splitting includes, but is not limited to:
39.12 	(i) dividing fees with another person or a professional corporation, unless the 
39.13 	division is in proportion to the services provided and the responsibility assumed by 
39.14 	each professional;
39.15 	(ii) referring a client to any health care provider as defined in sections 144.291 to 
39.16 	144.298 in which the referring licensee has a significant financial interest, unless the 
39.17 	licensee has disclosed in advance to the client the licensee's own financial interest; or
39.18 	(iii) paying, offering to pay, receiving, or agreeing to receive a commission, rebate, 
39.19 	or remuneration, directly or indirectly, primarily for the referral of clients.
39.20 		Subd. 2.Forms of disciplinary action. If grounds for disciplinary action exist 
39.21 	under subdivision 1, the board may take one or more of the following actions;
39.22 	(1) refuse to grant or renew a license;
39.23 	(2) revoke a license;
39.24 	(3) suspend a license;
39.25 	(4) impose limitations or conditions on a licensee's practice of alcohol and drug 
39.26 	counseling, including, but not limited to, limiting the scope of practice to designated 
39.27 	competencies, imposing retraining or rehabilitation requirements, requiring the licensee to 
39.28 	practice under supervision, or conditioning continued practice on the demonstration of 
39.29 	knowledge or skill by appropriate examination or other review of skill and competence;
39.30 	(5) censure or reprimand the licensee;
39.31 	(6) impose a civil penalty not exceeding $10,000 for each separate violation, 
39.32 	the amount of the civil penalty to be fixed so as to deprive the applicant or licensee 
39.33 	of any economic advantage gained by reason of the violation charged, to discourage 
39.34 	similar violations or to reimburse the board for the cost of the investigation and 
39.35 	proceeding, including, but not limited to, fees paid for services provided by the Office of 
39.36 	Administrative Hearings, legal and investigative services provided by the Office of the 
40.1 	Attorney General, court reporters, witnesses, reproduction of records, board members' per 
40.2 	diem compensation, board staff time, and travel costs and expenses incurred by board staff 
40.3 	and board members; or
40.4 	(7) any other action justified by the case.
40.5 		Subd. 3.Evidence. In disciplinary actions alleging violations of subdivision 1, 
40.6 	clause (4), (12), or (14), a copy of the judgment or proceedings under the seal of the court 
40.7 	administrator or of the administrative agency that entered the judgment or proceeding 
40.8 	is admissible into evidence without further authentication and constitutes prima facie 
40.9 	evidence of its contents.
40.10 		Subd. 4.Temporary suspension. (a) In addition to any other remedy provided by 
40.11 	law, the board may issue an order to temporarily suspend the credentials of a licensee after 
40.12 	conducting a preliminary inquiry to determine if the board reasonably believes that the 
40.13 	licensee has violated a statute or rule that the board is empowered to enforce and whether 
40.14 	continued practice by the licensee would create an imminent risk of harm to others.
40.15 	(b) The order may prohibit the licensee from engaging in the practice of alcohol 
40.16 	and drug counseling in whole or in part and may condition the end of a suspension on 
40.17 	the licensee's compliance with a statute, rule, or order that the board has issued or is 
40.18 	empowered to enforce.
40.19 	(c) The order shall give notice of the right to a hearing according to this subdivision 
40.20 	and shall state the reasons for the entry of the order.
40.21 	(d) Service of the order is effective when the order is served on the licensee 
40.22 	personally or by certified mail, which is complete upon receipt, refusal, or return for 
40.23 	nondelivery to the most recent address of the licensee provided to the board.
40.24 	(e) At the time the board issues a temporary suspension order, the board shall 
40.25 	schedule a hearing to be held before its own members. The hearing shall begin no later 
40.26 	than 60 days after issuance of the temporary suspension order or within 15 working 
40.27 	days of the date of the board's receipt of a request for hearing by a licensee, on the sole 
40.28 	issue of whether there is a reasonable basis to continue, modify, or lift the temporary 
40.29 	suspension. The hearing is not subject to chapter 14. Evidence presented by the board 
40.30 	or the licensee shall be in affidavit form only. The licensee or counsel of record may 
40.31 	appear for oral argument.
40.32 	(f) Within five working days of the hearing, the board shall issue its order and, if the 
40.33 	suspension is continued, schedule a contested case hearing within 30 days of the issuance 
40.34 	of the order. Notwithstanding chapter 14, the administrative law judge shall issue a report 
40.35 	within 30 days after closing the contested case hearing record. The board shall issue a 
40.36 	final order within 30 days of receipt of the administrative law judge's report.
41.1 		Subd. 5.Automatic suspension. (a) The right to practice is automatically 
41.2 	suspended when:
41.3 	(1) a guardian of an alcohol and drug counselor is appointed by order of a district 
41.4 	court under sections 524.5-101 to 524.5-502; or
41.5 	(2) the counselor is committed by order of a district court under chapter 253B.
41.6 	(b) The right to practice remains suspended until the counselor is restored to capacity 
41.7 	by a court and, upon petition by the counselor, the suspension is terminated by the board 
41.8 	after a hearing or upon agreement between the board and the counselor.
41.9 		Subd. 6.Mental, physical, or chemical health evaluation. (a) If the board has 
41.10 	probable cause to believe that an applicant or licensee is unable to practice alcohol and 
41.11 	drug counseling with reasonable skill and safety due to a mental or physical illness or 
41.12 	condition, the board may direct the individual to submit to a mental, physical, or chemical 
41.13 	dependency examination or evaluation.
41.14 	(1) For the purposes of this section, every licensee and applicant is deemed to 
41.15 	have consented to submit to a mental, physical, or chemical dependency examination or 
41.16 	evaluation when directed in writing by the board and to have waived all objections to the 
41.17 	admissibility of the examining professionals' testimony or examination reports on the 
41.18 	grounds that the testimony or examination reports constitute a privileged communication. 
41.19 	(2) Failure of a licensee or applicant to submit to an examination when directed by 
41.20 	the board constitutes an admission of the allegations against the person, unless the failure 
41.21 	was due to circumstances beyond the person's control, in which case a default and final 
41.22 	order may be entered without the taking of testimony or presentation of evidence.
41.23 	(3) A licensee or applicant affected under this subdivision shall at reasonable 
41.24 	intervals be given an opportunity to demonstrate that the licensee or applicant can resume 
41.25 	the competent practice of licensed alcohol and drug counseling with reasonable skill 
41.26 	and safety to the public.
41.27 	(4) In any proceeding under this subdivision, neither the record of proceedings 
41.28 	nor the orders entered by the board shall be used against the licensee or applicant in 
41.29 	any other proceeding.
41.30 	(b) In addition to ordering a physical or mental examination, the board may, 
41.31 	notwithstanding section 13.384 or 144.291 to 144.298, or any other law limiting access to 
41.32 	medical or other health data, obtain medical data and health records relating to a licensee 
41.33 	or applicant without the licensee's or applicant's consent if the board has probable cause to 
41.34 	believe that subdivision 1, clause (9), applies to the licensee or applicant. The medical 
41.35 	data may be requested from:
41.36 	(1) a provider, as defined in section 144.291, subdivision 2, paragraph (h);
42.1 	(2) an insurance company; or
42.2 	(3) a government agency, including the Department of Human Services.
42.3 	(c) A provider, insurance company, or government agency must comply with any 
42.4 	written request of the board under this subdivision and is not liable in any action for 
42.5 	damages for releasing the data requested by the board if the data are released pursuant to a 
42.6 	written request under this subdivision, unless the information is false and the provider 
42.7 	giving the information knew, or had reason to believe, the information was false.
42.8 	(d) Information obtained under this subdivision is private data on individuals as 
42.9 	defined in section 13.02, subdivision 12.

42.10 	Sec. 19. [148F.095] ADDITIONAL REMEDIES.
42.11 		Subdivision 1.Cease and desist. (a) The board may issue a cease and desist order 
42.12 	to stop a person from violating or threatening to violate a statute, rule, or order which the 
42.13 	board has issued or has authority to enforce. The cease and desist order must state the 
42.14 	reason for its issuance and give notice of the person's right to request a hearing under 
42.15 	sections 14.57 to 14.62. If, within 15 days of service of the order, the subject of the order 
42.16 	fails to request a hearing in writing, the order is the final order of the board and is not 
42.17 	reviewable by a court or agency. 
42.18 	(b) A hearing must be initiated by the board no later than 30 days from the date 
42.19 	of the board's receipt of a written hearing request. Within 30 days of receipt of the 
42.20 	administrative law judge's report, and any written agreement or exceptions filed by the 
42.21 	parties, the board shall issue a final order modifying, vacating, or making permanent the 
42.22 	cease and desist order as the facts require. The final order remains in effect until modified 
42.23 	or vacated by the board. 
42.24 	(c) When a request for a stay accompanies a timely hearing request, the board may, 
42.25 	in the board's discretion, grant the stay. If the board does not grant a requested stay, the 
42.26 	board shall refer the request to the Office of Administrative Hearings within three working 
42.27 	days of receipt of the request. Within ten days after receiving the request from the board, 
42.28 	an administrative law judge shall issue a recommendation to grant or deny the stay. The 
42.29 	board shall grant or deny the stay within five working days of receiving the administrative 
42.30 	law judge's recommendation. 
42.31 	(d) In the event of noncompliance with a cease and desist order, the board may 
42.32 	institute a proceeding in district court to obtain injunctive relief or other appropriate 
42.33 	relief, including a civil penalty payable to the board, not to exceed $10,000 for each 
42.34 	separate violation.
43.1 		Subd. 2.Injunctive relief. In addition to any other remedy provided by law, 
43.2 	including the issuance of a cease and desist order under subdivision 1, the board may in 
43.3 	the board's own name bring an action in district court for injunctive relief to restrain an 
43.4 	alcohol and drug counselor from a violation or threatened violation of any statute, rule, or 
43.5 	order which the board has authority to administer, enforce, or issue.
43.6 		Subd. 3.Additional powers. The issuance of a cease and desist order or injunctive 
43.7 	relief granted under this section does not relieve a counselor from criminal prosecution by 
43.8 	a competent authority or from disciplinary action by the board.

43.9 	Sec. 20. [148F.100] COOPERATION.
43.10 	An alcohol and drug counselor who is the subject of an investigation, or who 
43.11 	is questioned in connection with an investigation, by or on behalf of the board, shall 
43.12 	cooperate fully with the investigation. Cooperation includes responding fully to any 
43.13 	question raised by or on behalf of the board relating to the subject of the investigation, 
43.14 	whether tape recorded or not. Challenges to requests of the board may be brought before 
43.15 	the appropriate agency or court.

43.16 	Sec. 21. [148F.105] PROHIBITED PRACTICE OR USE OF TITLES; PENALTY.
43.17 		Subdivision 1.Practice. No person shall engage in alcohol and drug counseling 
43.18 	without first being licensed under this chapter as an alcohol and drug counselor. For 
43.19 	purposes of this chapter, an individual engages in the practice of alcohol and drug 
43.20 	counseling if the individual performs or offers to perform alcohol and drug counseling 
43.21 	services as defined in section 148F.010, subdivision 19, or if the individual is held out as 
43.22 	able to perform those services.
43.23 		Subd. 2.Use of titles. (a) No individual shall present themselves or any other 
43.24 	individual to the public by any title incorporating the words "licensed alcohol and drug 
43.25 	counselor," "alcohol and drug counselor," or otherwise hold themselves out to the public 
43.26 	by any title or description stating or implying that they are licensed or otherwise qualified 
43.27 	to practice alcohol and drug counseling, unless that individual holds a valid license.
43.28 	(b) An individual issued a temporary permit must use titles consistent with section 
43.29 	148F.035, subdivisions 1 and 2, paragraph (c), clause (3).
43.30 	(c) An individual who is participating in an alcohol and drug counseling practicum 
43.31 	for purposes of licensure by the board may be designated an "alcohol and drug counselor 
43.32 	intern."
43.33 	(d) Individuals who are trained in alcohol and drug counseling and employed by an 
43.34 	educational institution recognized by a regional accrediting organization, by a federal, 
44.1 	state, county, or local government institution, by agencies, or research facilities, may 
44.2 	represent themselves by the titles designated by that organization provided the title does 
44.3 	not indicate the individual is licensed by the board.
44.4 		Subd. 3.Penalty. A person who violates sections 148F.001 to 148F.205 is guilty 
44.5 	of a misdemeanor.

44.6 	Sec. 22. [148F.110] EXCEPTIONS TO LICENSE REQUIREMENT.
44.7 		Subdivision 1.Other professionals. (a) Nothing in this chapter prevents members 
44.8 	of other professions or occupations from performing functions for which they are qualified 
44.9 	or licensed. This exception includes, but is not limited to: licensed physicians; registered 
44.10 	nurses; licensed practical nurses; licensed psychologists and licensed psychological 
44.11 	practitioners; members of the clergy provided such services are provided within the scope 
44.12 	of regular ministries; American Indian medicine men and women; licensed attorneys; 
44.13 	probation officers; licensed marriage and family therapists; licensed social workers; social 
44.14 	workers employed by city, county, or state agencies; licensed professional counselors; 
44.15 	licensed professional clinical counselors; licensed school counselors; registered 
44.16 	occupational therapists or occupational therapy assistants; Upper Midwest Indian Council 
44.17 	on Addictive Disorders (UMICAD) certified counselors when providing services to 
44.18 	Native American people; city, county, or state employees when providing assessments 
44.19 	or case management under Minnesota Rules, chapter 9530; and individuals defined in 
44.20 	section 256B.0623, subdivision 5, clauses (1) and (2), providing integrated dual-diagnosis 
44.21 	treatment in adult mental health rehabilitative programs certified by the Department of 
44.22 	Human Services under section 256B.0622 or 256B.0623. 
44.23 	(b) Nothing in this chapter prohibits technicians and resident managers in programs 
44.24 	licensed by the Department of Human Services from discharging their duties as provided 
44.25 	in Minnesota Rules, chapter 9530.
44.26 	(c) Any person who is exempt from licensure under this section must not use a 
44.27 	title incorporating the words "alcohol and drug counselor" or "licensed alcohol and drug 
44.28 	counselor" or otherwise hold themselves out to the public by any title or description 
44.29 	stating or implying that they are engaged in the practice of alcohol and drug counseling, or 
44.30 	that they are licensed to engage in the practice of alcohol and drug counseling, unless that 
44.31 	person is also licensed as an alcohol and drug counselor. Persons engaged in the practice 
44.32 	of alcohol and drug counseling are not exempt from the board's jurisdiction solely by the 
44.33 	use of one of the titles in paragraph (a). 
44.34 		Subd. 2.Students. Nothing in sections 148F.001 to 148F.110 shall prevent students 
44.35 	enrolled in an accredited school of alcohol and drug counseling from engaging in the 
45.1 	practice of alcohol and drug counseling while under qualified supervision in an accredited 
45.2 	school of alcohol and drug counseling.
45.3 		Subd. 3.Federally recognized tribes. Alcohol and drug counselors practicing 
45.4 	alcohol and drug counseling according to standards established by federally recognized 
45.5 	tribes, while practicing under tribal jurisdiction, are exempt from the requirements of this 
45.6 	chapter. In practicing alcohol and drug counseling under tribal jurisdiction, individuals 
45.7 	practicing under that authority shall be afforded the same rights, responsibilities, and 
45.8 	recognition as persons licensed under this chapter.

45.9 	Sec. 23. [148F.115] FEES.
45.10 		Subdivision 1.Application fee. The application fee is $295.
45.11 		Subd. 2.Biennial renewal fee. The license renewal fee is $295. If the board 
45.12 	establishes a renewal schedule, and the scheduled renewal date is less than two years, 
45.13 	the fee may be prorated.
45.14 		Subd. 3.Temporary permit fee. Temporary permit fees are as follows:
45.15 	(1) initial application fee is $100; and
45.16 	(2) annual renewal fee is $150. If the initial term is less or more than one year, 
45.17 	the fee may be prorated.
45.18 		Subd. 4.Inactive license renewal fee. The inactive license renewal fee is $150.
45.19 		Subd. 5.Late fees. Late fees are as follows:
45.20 	(1) biennial renewal late fee is $74;
45.21 	(2) inactive license renewal late fee is $37; and
45.22 	(3) annual temporary permit late fee is $37.
45.23 		Subd. 6.Fee to renew after expiration of license. The fee for renewal of a license 
45.24 	that has been expired for less than two years is the total of the biennial renewal fee in 
45.25 	effect at the time of late renewal and the late fee.
45.26 		Subd. 7.Fee for license verification. The fee for license verification is $25.
45.27 		Subd. 8.Surcharge fee. Notwithstanding section 16A.1285, subdivision 2, a 
45.28 	surcharge of $99 shall be paid at the time of initial application for or renewal of an alcohol 
45.29 	and drug counselor license until June 30, 2013.
45.30 		Subd. 9.Sponsor application fee. The fee for a sponsor application for approval 
45.31 	of a continuing education course is $60.
45.32 		Subd. 10.Order or stipulation fee. The fee for a copy of a board order or 
45.33 	stipulation is $10.
45.34 		Subd. 11.Duplicate certificate fee. The fee for a duplicate certificate is $25.
46.1 		Subd. 12.Supervisor application processing fee. The fee for licensure supervisor 
46.2 	application processing is $30.
46.3 		Subd. 13.Nonrefundable fees. All fees in this section are nonrefundable.

46.4 	Sec. 24. [148F.120] CONDUCT.
46.5 		Subdivision 1.Scope. Sections 148F.120 to 148F.205 apply to the conduct of all 
46.6 	alcohol and drug counselors, licensees, and applicants, including conduct during the 
46.7 	period of education, training, and employment that is required for licensure.
46.8 		Subd. 2.Purpose. Sections 148F.120 to 148F.205 constitute the standards by which 
46.9 	the professional conduct of alcohol and drug counselors is measured.
46.10 		Subd. 3.Violations. A violation of sections 148F.120 to 148F.205 is unprofessional 
46.11 	conduct and constitutes grounds for disciplinary action, corrective action, or denial of 
46.12 	licensure.
46.13 		Subd. 4.Conflict with organizational demands. If the organizational policies at 
46.14 	the provider's work setting conflict with any provision in sections 148F.120 to 148F.205, 
46.15 	the provider shall discuss the nature of the conflict with the employer, make known the 
46.16 	requirement to comply with these sections of law, and attempt to resolve the conflict 
46.17 	in a manner that does not violate the law.

46.18 	Sec. 25. [148F.125] COMPETENT PROVISION OF SERVICES.
46.19 		Subdivision 1.Limits on practice. Alcohol and drug counselors shall limit their 
46.20 	practice to the client populations and services for which they have competence or for 
46.21 	which they are developing competence.
46.22 		Subd. 2.Developing competence. When an alcohol and drug counselor is 
46.23 	developing competence in a service, method, procedure, or to treat a specific client 
46.24 	population, the alcohol and drug counselor shall obtain professional education, training, 
46.25 	continuing education, consultation, supervision, or experience, or a combination thereof, 
46.26 	necessary to demonstrate competence.
46.27 		Subd. 3.Experimental, emerging, or innovative services. Alcohol and drug 
46.28 	counselors may offer experimental services, methods, or procedures competently and 
46.29 	in a manner that protects clients from harm.  However, when doing so, they have a 
46.30 	heightened responsibility to understand and communicate the potential risks to clients, to 
46.31 	use reasonable skill and safety, and to undertake appropriate preparation as required in 
46.32 	subdivision 2.
46.33 		Subd. 4.Limitations. Alcohol and drug counselors shall recognize the limitations 
46.34 	to the scope of practice of alcohol and drug counseling. When the needs of clients appear 
47.1 	to be outside their scope of practice, providers shall inform the clients that there may be 
47.2 	other professional, technical, community, and administrative resources available to them. 
47.3 	Providers shall assist with identifying resources when it is in the best interests of clients to 
47.4 	be provided with alternative or complementary services.
47.5 		Subd. 5.Burden of proof. Whenever a complaint is submitted to the board 
47.6 	involving a violation of this section, the burden of proof is on the provider to demonstrate 
47.7 	that the elements of competence have reasonably been met.

47.8 	Sec. 26. [148F.130] PROTECTING CLIENT PRIVACY.
47.9 		Subdivision 1.Protecting private information. The provider shall safeguard 
47.10 	private information obtained in the course of the practice of alcohol and drug counseling. 
47.11 	Private information may be disclosed to others only according to section 148F.135, or 
47.12 	with certain exceptions as specified in subdivisions 2 to 13. 
47.13 		Subd. 2.Duty to warn; limitation on liability. Private information may be 
47.14 	disclosed without the consent of the client when a duty to warn arises, or as otherwise 
47.15 	provided by law or court order. The duty to warn of, or take reasonable precautions to 
47.16 	provide protection from, violent behavior arises only when a client or other person has 
47.17 	communicated to the provider a specific, serious threat of physical violence to self or a 
47.18 	specific, clearly identified or identifiable potential victim. If a duty to warn arises, the duty 
47.19 	is discharged by the provider if reasonable efforts are made to communicate the threat to 
47.20 	law enforcement agencies, the potential victim, the family of the client, or appropriate 
47.21 	third parties who are in a position to prevent or avert the harm. No monetary liability 
47.22 	and no cause of action or disciplinary action by the board may arise against a provider 
47.23 	for disclosure of confidences to third parties, for failure to disclose confidences to third 
47.24 	parties, or for erroneous disclosure of confidences to third parties in a good faith effort to 
47.25 	warn against or take precautions against a client's violent behavior or threat of suicide.
47.26 		Subd. 3.Services to group clients. Whenever alcohol and drug counseling 
47.27 	services are provided to group clients, the provider shall initially inform each client of the 
47.28 	provider's responsibility and each client's individual responsibility to treat any information 
47.29 	gained in the course of rendering the services as private information, including any 
47.30 	limitations to each client's right to privacy.
47.31 		Subd. 4.Obtaining collateral information. Prior to obtaining collateral 
47.32 	information about a client from other individuals, the provider shall obtain consent from 
47.33 	the client unless the consent is not required by law or court order, and shall inform the 
47.34 	other individuals that the information obtained may become part of the client's records and 
47.35 	may therefore be accessed or released by the client, unless prohibited by law. For purposes 
48.1 	of this subdivision, "other individual" means any individual, except for credentialed health 
48.2 	care providers acting in their professional capacities, who participates adjunctively in 
48.3 	the provision of services to a client. Examples of other individuals include, but are not 
48.4 	limited to, family members, friends, coworkers, day care workers, guardians ad litem, 
48.5 	foster parents, or school personnel.
48.6 		Subd. 5.Minor clients. At the beginning of a professional relationship, the provider 
48.7 	shall inform a minor client that the law imposes limitations on the right of privacy of the 
48.8 	minor with respect to the minor's communications with the provider. This requirement is 
48.9 	waived when the minor cannot reasonably be expected to understand the privacy statement.
48.10 		Subd. 6.Limited access to client records. The provider shall limit access to client 
48.11 	records. The provider shall make reasonable efforts to inform individuals associated 
48.12 	with the provider's agency or facility, such as staff members, students, volunteers, or 
48.13 	community aides, that access to client records, regardless of their format, is limited only to 
48.14 	the provider with whom the client has a professional relationship, an individual associated 
48.15 	with the agency or facility whose duties require access, or individuals authorized to have 
48.16 	access by the written informed consent of the client.
48.17 		Subd. 7.Billing statements for services. The provider shall comply with the 
48.18 	privacy wishes of clients regarding to whom and where statements for services are to be 
48.19 	sent.
48.20 		Subd. 8.Case reports. The identification of the client shall be reasonably disguised 
48.21 	in case reports or other clinical materials used in teaching, presentations, professional 
48.22 	meetings, or publications.
48.23 		Subd. 9.Observation and recording. Diagnostic interviews or therapeutic sessions 
48.24 	with a client may be observed or electronically recorded only with the client's written 
48.25 	informed consent.
48.26 		Subd. 10.Continued protection of client information. The provider shall maintain 
48.27 	the privacy of client data indefinitely after the professional relationship has ended.
48.28 		Subd. 11.Court-ordered or other mandated disclosures. The proper disclosure 
48.29 	of private client data upon a court order or to conform with state or federal law shall not be 
48.30 	considered a violation of sections 148F.120 to 148F.205.
48.31 		Subd. 12.Abuse or neglect of minor or vulnerable adults. An applicant or 
48.32 	licensee must comply with the reporting of maltreatment of minors established in section 
48.33 	626.556 and the reporting of maltreatment of vulnerable adults established in section 
48.34 	626.557.
48.35 		Subd. 13.Initial contacts. When an individual initially contacts a provider 
48.36 	regarding alcohol and drug counseling services, the provider or another individual 
49.1 	designated by the provider may, with oral consent from the potential client, contact third 
49.2 	parties to determine payment or benefits information, arrange for precertification of 
49.3 	services when required by the individual's health plan, or acknowledge a referral from 
49.4 	another health care professional.

49.5 	Sec. 27. [148F.135] PRIVATE INFORMATION; ACCESS AND RELEASE.
49.6 		Subdivision 1.Client right to access and release private information. A client has 
49.7 	the right to access and release private information maintained by the provider, including 
49.8 	client records as provided in sections 144.291 to 144.298, relating to the provider's 
49.9 	counseling services to that client, except as otherwise provided by law or court order. 
49.10 		Subd. 2.Release of private information. (a) When a client makes a request for 
49.11 	the provider to release the client's private information, the request must be in writing 
49.12 	and signed by the client. Informed consent is not required. When the request involves 
49.13 	client records, all pertinent information shall be released in compliance with sections 
49.14 	144.291 to 144.298.
49.15 	(b) If the provider initiates the request to release the client's private information, 
49.16 	written authorization for the release of information must be obtained from the client 
49.17 	and must include, at a minimum:
49.18 	(1) the name of the client;
49.19 	(2) the name of the individual or entity providing the information;
49.20 	(3) the name of the individual or entity to which the release is made;
49.21 	(4) the types of information to be released, such as progress notes, diagnoses, 
49.22 	assessment data, or other specific information;
49.23 	(5) the purpose of the release, such as whether the release is to coordinate 
49.24 	professional care with another provider, to obtain insurance payment for services, or for 
49.25 	other specified purposes;
49.26 	(6) the time period covered by the consent;
49.27 	(7) a statement that the consent is valid for one year, except as otherwise allowed by 
49.28 	statute, or for a lesser period that is specified in the consent;
49.29 	(8) a declaration that the individual signing the statement has been told of and 
49.30 	understands the nature and purpose of the authorized release;
49.31 	(9) a statement that the consent may be rescinded, except to the extent that the 
49.32 	consent has already been acted upon or that the right to rescind consent has been waived 
49.33 	separately in writing;
49.34 	(10) the signature of the client or the client's legally authorized representative, whose 
49.35 	relationship to the client must be stated; and
50.1 	(11) the date on which the consent is signed.
50.2 		Subd. 3.Group client records. Whenever counseling services are provided to 
50.3 	group clients, each client has the right to access or release only that information in the 
50.4 	records that the client has provided directly or has authorized other sources to provide, 
50.5 	unless otherwise directed by law or court order. Upon a request by one client to access or 
50.6 	release group client records, that information in the records that has not been provided 
50.7 	directly or by authorization of the requesting client must be redacted unless written 
50.8 	authorization to disclose this information has been obtained from the other clients.
50.9 		Subd. 4.Board investigation. The board shall be allowed access to any records of 
50.10 	a client provided services by an applicant or licensee who is under investigation. If the 
50.11 	client has not signed a consent permitting access to the client's records, the applicant or 
50.12 	licensee must delete any data that identifies the client before providing them to the board. 
50.13 	The board shall maintain any records as investigative data pursuant to chapter 13.

50.14 	Sec. 28. [148F.140] INFORMED CONSENT.
50.15 		Subdivision 1.Obtaining informed consent for services. The provider shall obtain 
50.16 	informed consent from the client before initiating services. The informed consent must be 
50.17 	in writing, signed by the client, and include the following, at a minimum:
50.18 	(1) authorization for the provider to engage in an activity which directly affects 
50.19 	the client;
50.20 	(2) the goals, purposes, and procedures of the proposed services;
50.21 	(3) the factors that may impact the duration of the service;
50.22 	(4) the applicable fee schedule;
50.23 	(5) the limits to the client's privacy, including, but not limited to, the provider's duty 
50.24 	to warn pursuant to section 148F.130, subdivision 2;
50.25 	(6) the provider's responsibilities if the client terminates the service;
50.26 	(7) the significant risks and benefits of the service, including whether the service 
50.27 	may affect the client's legal or other interests;
50.28 	(8) the provider's responsibilities under section 148F.125, subdivision 3, if the 
50.29 	proposed service, method, or procedure is of an experimental, emerging, or innovative 
50.30 	nature; and
50.31 	(9) if applicable, information that the provider is developing competence in the 
50.32 	proposed service, method, or procedure, and alternatives to the proposed service, if any.
50.33 		Subd. 2.Updating informed consent. If there is a substantial change in the nature 
50.34 	or purpose of a service, the provider must obtain a new informed consent from the client.
51.1 		Subd. 3.Emergency or crisis services. Informed consent is not required when 
51.2 	a provider is providing emergency or crisis services. If services continue after the 
51.3 	emergency or crisis has abated, informed consent must be obtained.

51.4 	Sec. 29. [148F.145] TERMINATION OF SERVICES.
51.5 		Subdivision 1.Right to terminate services. Either the client or the provider may 
51.6 	terminate the professional relationship unless prohibited by law or court order.
51.7 		Subd. 2.Mandatory termination of services. The provider shall promptly 
51.8 	terminate services to a client whenever:
51.9 	(1) the provider's objectivity or effectiveness is impaired, unless a resolution can be 
51.10 	achieved as permitted in section 148F.155, subdivision 2; or
51.11 	(2) the client would be harmed by further services.
51.12 		Subd. 3.Notification of termination. When the provider initiates a termination 
51.13 	of professional services, the provider shall inform the client either orally or in writing. 
51.14 	This requirement shall not apply when the termination is due to the successful completion 
51.15 	of a predefined service such as an assessment, or if the client terminates the professional 
51.16 	relationship.
51.17 		Subd. 4.Recommendation upon termination. (a) Upon termination of counseling 
51.18 	services, the provider shall make a recommendation for alcohol and drug counseling 
51.19 	services if requested by the client or if the provider believes the services are needed by 
51.20 	the client.
51.21 	(b) A recommendation for alcohol and drug counseling services is not required if 
51.22 	the professional service provided is limited to an alcohol and drug assessment and a 
51.23 	recommendation for continued services is not requested.
51.24 		Subd. 5.Absence from practice. Nothing in this section requires the provider to 
51.25 	terminate a client due to an absence from practice that is the result of a period of illness 
51.26 	or injury that does not affect the provider's ability to practice with reasonable skill and 
51.27 	safety, as long as arrangements have been made for temporary counseling services that 
51.28 	may be needed by the client during the provider's absence.

51.29 	Sec. 30. [148F.150] RECORD KEEPING.
51.30 		Subdivision 1.Record-keeping requirements. Providers must maintain accurate 
51.31 	and legible client records. Records must include, at a minimum:
51.32 	(1) an accurate chronological listing of all substantive contacts with the client;
51.33 	(2) documentation of services, including:
51.34 	(i) assessment methods, data, and reports;
52.1 	(ii) an initial treatment plan and any revisions to the plan;
52.2 	(iii) the name of the individual providing services;
52.3 	(iv) the name and credentials of the individual who is professionally responsible 
52.4 	for the services provided;
52.5 	(v) case notes for each date of service, including interventions;
52.6 	(vi) consultations with collateral sources;
52.7 	(vii) diagnoses or presenting problems; and
52.8 	(viii) documentation that informed consent was obtained, including written informed 
52.9 	consent documents;
52.10 	(3) copies of all correspondence relevant to the client;
52.11 	(4) a client personal data sheet;
52.12 	(5) copies of all client authorizations for release of information;
52.13 	(6) an accurate chronological listing of all fees charged, if any, to the client or 
52.14 	a third-party payer; and
52.15 	(7) any other documents pertaining to the client.
52.16 		Subd. 2.Duplicate records. If the client records containing the documentation 
52.17 	required by subdivision 1 are maintained by the agency, clinic, or other facility where the 
52.18 	provider renders services, the provider is not required to maintain duplicate records of 
52.19 	client information.
52.20 		Subd. 3.Record retention. The provider shall retain a client's record for a minimum 
52.21 	of seven years after the date of the provider's last professional service to the client, except 
52.22 	as otherwise provided by law. If the client is a minor, the record retention period does not 
52.23 	begin until the client reaches the age of 18, except as otherwise provided by law.

52.24 	Sec. 31. [148F.155] IMPAIRED OBJECTIVITY OR EFFECTIVENESS.
52.25 		Subdivision 1.Situations involving impaired objectivity or effectiveness. (a) An 
52.26 	alcohol and drug counselor must not provide alcohol and drug counseling services to a 
52.27 	client or potential client when the counselor's objectivity or effectiveness is impaired.
52.28 	(b) The provider shall not provide alcohol and drug counseling services to a client 
52.29 	if doing so would create a multiple relationship. For purposes of this section, "multiple 
52.30 	relationship" means one that is both professional and:
52.31 	(1) cohabitational;
52.32 	(2) familial;
52.33 	(3) one in which there has been personal involvement with the client or family 
52.34 	member of the client that is reasonably likely to adversely affect the client's welfare or 
52.35 	ability to benefit from services; or
53.1 	(4) one in which there is significant financial involvement other than legitimate 
53.2 	payment for professional services rendered that is reasonably likely to adversely affect the 
53.3 	client's welfare or ability to benefit from services.
53.4 	If an unforeseen multiple relationship arises after services have been initiated, the 
53.5 	provider shall promptly terminate the professional relationship.
53.6 	(c) The provider shall not provide alcohol and drug counseling services to a client 
53.7 	who is also the provider's student or supervisee. If an unforeseen situation arises in which 
53.8 	both types of services are required or requested by the client or a third party, the provider 
53.9 	shall decline to provide the services.
53.10 	(d) The provider shall not provide alcohol and drug counseling services to a client 
53.11 	when the provider is biased for or against the client for any reason that interferes with the 
53.12 	provider's impartial judgment, including where the client is a member of a class legally 
53.13 	protected from discrimination. The provider may provide services if the provider is 
53.14 	working to resolve the impairment in the manner required under subdivision 2.
53.15 	(e) The provider shall not provide alcohol and drug counseling services to a client 
53.16 	when there is a fundamental divergence or conflict of service goals, interests, values, 
53.17 	or attitudes between the client and the provider that adversely affects the professional 
53.18 	relationship. The provider may provide services if the provider is working to resolve the 
53.19 	impairment in the manner required under subdivision 2.
53.20 		Subd. 2.Resolution of impaired objectivity or effectiveness. (a) When an 
53.21 	impairment occurs that is listed in subdivision 1, paragraph (d) or (e), the provider may 
53.22 	provide services only if the provider actively pursues resolution of the impairment and is 
53.23 	able to do so in a manner that results in minimal adverse effects on the client or potential 
53.24 	client.
53.25 	(b) If the provider attempts to resolve the impairment, it must be by means of 
53.26 	professional education, training, continuing education, consultation, psychotherapy, 
53.27 	intervention, supervision, or discussion with the client or potential client, or an appropriate 
53.28 	combination thereof.

53.29 	Sec. 32. [148F.160] PROVIDER IMPAIRMENT.
53.30 	The provider shall not provide counseling services to clients when the provider is 
53.31 	unable to provide services with reasonable skill and safety as a result of a physical or 
53.32 	mental illness or condition, including, but not limited to, substance abuse or dependence. 
53.33 	During the period the provider is unable to practice with reasonable skill and safety, the 
53.34 	provider shall either promptly terminate the professional relationship with all clients or 
54.1 	shall make arrangements for other alcohol and drug counselors to provide temporary 
54.2 	services during the provider's absence.

54.3 	Sec. 33. [148F.165] CLIENT WELFARE.
54.4 		Subdivision 1.Explanation of procedures. A client has the right to have, and a 
54.5 	counselor has the responsibility to provide, a nontechnical explanation of the nature and 
54.6 	purpose of the counseling procedures to be used and the results of tests administered to the 
54.7 	client. The counselor shall establish procedures to be followed if the explanation is to be 
54.8 	provided by another individual under the direction of the counselor.
54.9 		Subd. 2.Client bill of rights. The client bill of rights required by section 144.652 
54.10 	shall be prominently displayed on the premises of the professional practice or provided 
54.11 	as a handout to each client. The document must state that consumers of alcohol and 
54.12 	drug counseling services have the right to:
54.13 	(1) expect that the provider meets the minimum qualifications of training and 
54.14 	experience required by state law;
54.15 	(2) examine public records maintained by the Board of Behavioral Health and 
54.16 	Therapy that contain the credentials of the provider;
54.17 	(3) report complaints to the Board of Behavioral Health and Therapy;
54.18 	(4) be informed of the cost of professional services before receiving the services;
54.19 	(5) privacy as defined and limited by law and rule;
54.20 	(6) be free from being the object of unlawful discrimination while receiving 
54.21 	counseling services;
54.22 	(7) have access to their records as provided in sections 144.291 to 144.298 and 
54.23 	148F.135, subdivision 1, except as otherwise provided by law;
54.24 	(8) be free from exploitation for the benefit or advantage of the provider;
54.25 	(9) terminate services at any time, except as otherwise provided by law or court 
54.26 	order;
54.27 	(10) know the intended recipients of assessment results;
54.28 	(11) withdraw consent to release assessment results, unless the right is prohibited by 
54.29 	law or court order or was waived by prior written agreement;
54.30 	(12) a nontechnical description of assessment procedures; and
54.31 	(13) a nontechnical explanation and interpretation of assessment results, unless this 
54.32 	right is prohibited by law or court order or was waived by prior written agreement.
54.33 		Subd. 3.Stereotyping. The provider shall treat the client as an individual and 
54.34 	not impose on the client any stereotypes of behavior, values, or roles related to human 
54.35 	diversity.
55.1 		Subd. 4.Misuse of client relationship. The provider shall not misuse the 
55.2 	relationship with a client due to a relationship with another individual or entity.
55.3 		Subd. 5.Exploitation of client. The provider shall not exploit the professional 
55.4 	relationship with a client for the provider's emotional, financial, sexual, or personal 
55.5 	advantage or benefit. This prohibition extends to former clients who are vulnerable or 
55.6 	dependent on the provider.
55.7 		Subd. 6.Sexual behavior with client. A provider shall not engage in any sexual 
55.8 	behavior with a client including:
55.9 	(1) sexual contact, as defined in section 604.20, subdivision 7; or
55.10 	(2) any physical, verbal, written, interactive, or electronic communication, conduct, 
55.11 	or act that may be reasonably interpreted to be sexually seductive, demeaning, or 
55.12 	harassing to the client.
55.13 		Subd. 7.Sexual behavior with a former client. A provider shall not engage in any 
55.14 	sexual behavior as described in subdivision 6 within the two-year period following the 
55.15 	date of the last counseling service to a former client. This prohibition applies whether or 
55.16 	not the provider has formally terminated the professional relationship. This prohibition 
55.17 	extends indefinitely for a former client who is vulnerable or dependent on the provider.
55.18 		Subd. 8.Preferences and options for treatment. A provider shall disclose to the 
55.19 	client the provider's preferences for choice of treatment or outcome and shall present other 
55.20 	options for the consideration or choice of the client.
55.21 		Subd. 9.Referrals. A provider shall make a prompt and appropriate referral of the 
55.22 	client to another professional when requested to make a referral by the client.

55.23 	Sec. 34. [148F.170] WELFARE OF STUDENTS, SUPERVISEES, AND 
55.24 	RESEARCH SUBJECTS.
55.25 		Subdivision 1.General. Due to the evaluative, supervisory, or other authority that 
55.26 	providers who teach, evaluate, supervise, or conduct research have over their students, 
55.27 	supervisees, or research subjects, they shall protect the welfare of these individuals.
55.28 		Subd. 2.Student, supervisee, and research subject protections. To protect the 
55.29 	welfare of their students, supervisees, or research subjects, providers shall not:
55.30 	(1) discriminate on the basis of race, ethnicity, national origin, religious affiliation, 
55.31 	language, age, gender, physical disabilities, mental capabilities, sexual orientation or 
55.32 	identity, marital status, or socioeconomic status;
55.33 	(2) exploit or misuse the professional relationship for the emotional, financial, 
55.34 	sexual, or personal advantage or benefit of the provider or another individual or entity;
56.1 	(3) engage in any sexual behavior with a current student, supervisee, or research 
56.2 	subject, including sexual contact, as defined in section 604.20, subdivision 7, or any 
56.3 	physical, verbal, written, interactive, or electronic communication, conduct, or act that 
56.4 	may be reasonably interpreted to be sexually seductive, demeaning, or harassing. Nothing 
56.5 	in this section shall prohibit a provider from engaging in teaching or research with an 
56.6 	individual with whom the provider has a preexisting and ongoing sexual relationship; 
56.7 	(4) engage in any behavior likely to be deceptive or fraudulent;
56.8 	(5) disclose evaluative information except for legitimate professional or scientific 
56.9 	purposes; or
56.10 	(6) engage in any other unprofessional conduct.

56.11 	Sec. 35. [148F.175] MEDICAL AND OTHER HEALTH CARE 
56.12 	CONSIDERATIONS.
56.13 		Subdivision 1.Coordinating services with other health care professionals.
 56.14 	Upon initiating services, the provider shall inquire whether the client has a preexisting 
56.15 	relationship with another health care professional. If the client has such a relationship, 
56.16 	and it is relevant to the provider's services to the client, the provider shall, to the extent 
56.17 	possible and consistent with the wishes and best interests of the client, coordinate services 
56.18 	for the client with the other health care professional. This requirement does not apply if 
56.19 	brief crisis intervention services are provided.
56.20 		Subd. 2.Reviewing health care information. If the provider determines that a 
56.21 	client's preexisting relationship with another health care professional is relevant to the 
56.22 	provider's services to the client, the provider shall, to the extent possible and consistent 
56.23 	with the wishes and best interests of the client, review this information with the treating 
56.24 	health care professional.
56.25 		Subd. 3.Relevant medical conditions. If the provider believes that a client's 
56.26 	psychological condition may have medical etiology or consequence, the provider shall, 
56.27 	within the limits of the provider's competence, discuss this with the client and offer to 
56.28 	assist in identifying medical resources for the client.

56.29 	Sec. 36. [148F.180] ASSESSMENTS; TESTS; REPORTS.
56.30 		Subdivision 1.Assessments. Providers who conduct assessments of individuals 
56.31 	shall base their assessments on records, information, observations, and techniques 
56.32 	sufficient to substantiate their findings. They shall render opinions only after they 
56.33 	have conducted an examination of the individual adequate to support their statements 
56.34 	or conclusions, unless an examination is not practical despite reasonable efforts. An 
57.1 	assessment may be limited to reviewing records or providing testing services when an 
57.2 	individual examination is not necessary for the opinion requested.
57.3 		Subd. 2.Tests. Providers may administer and interpret tests within the scope of the 
57.4 	counselor's training, skill, and competence. 
57.5 		Subd. 3.Reports. Written and oral reports, including testimony as an expert 
57.6 	witness and letters to third parties concerning a client, must be based on information and 
57.7 	techniques sufficient to substantiate their findings. Reports must include:
57.8 	(1) a description of all assessments, evaluations, or other procedures, including 
57.9 	materials reviewed, which serve as a basis for the provider's conclusions;
57.10 	(2) reservations or qualifications concerning the validity or reliability of the opinions 
57.11 	and conclusions formulated and recommendations made;
57.12 	(3) a statement concerning any discrepancy, disagreement, or inconsistent or 
57.13 	conflicting information regarding the circumstances of the case that may have a bearing on 
57.14 	the provider's conclusions;
57.15 	(4) a statement of the nature of and reason for the use of a test that is administered, 
57.16 	recorded, scored, or interpreted in other than a standard and objective manner; and
57.17 	(5) a statement indicating when test interpretations or report conclusions are not 
57.18 	based on direct contact between the client and the provider.
57.19 		Subd. 4.Private information. Test results and interpretations regarding an 
57.20 	individual are private information.

57.21 	Sec. 37. [148F.185] PUBLIC STATEMENTS.
57.22 		Subdivision 1.Prohibition against false or misleading information. Public 
57.23 	statements by providers must not include false or misleading information. Providers shall 
57.24 	not solicit or use testimonials by quotation or implication from current clients or former 
57.25 	clients who are vulnerable to undue influence. The provider shall make reasonable efforts 
57.26 	to ensure that public statements by others on behalf of the provider are truthful and shall 
57.27 	make reasonable remedial efforts to bring a public statement into compliance with sections 
57.28 	148F.120 to 148F.205 when the provider becomes aware of a violation. 
57.29 		Subd. 2.Misrepresentation. The provider shall not misrepresent directly or 
57.30 	by implication, professional qualifications including education, training, experience, 
57.31 	competence, credentials, or areas of specialization. The provider shall not misrepresent, 
57.32 	directly or by implication, professional affiliations or the purposes and characteristics of 
57.33 	institutions and organizations with which the provider is professionally associated.
57.34 		Subd. 3.Use of specialty board designation. Providers may represent themselves 
57.35 	as having an area of specialization from a specialty board, such as a designation as a 
58.1 	diplomate or fellow, if the specialty board used, at a minimum, the following criteria to 
58.2 	award such a designation:
58.3 	(1) specified educational requirements defined by the specialty board;
58.4 	(2) specified experience requirements defined by the specialty board;
58.5 	(3) a work product evaluated by other specialty board members; and
58.6 	(4) a face-to-face examination by a committee of specialty board members or a 
58.7 	comprehensive written examination in the area of specialization.

58.8 	Sec. 38. [148F.190] FEES; STATEMENTS.
58.9 		Subdivision 1.Disclosure. The provider shall disclose the fees for professional 
58.10 	services to a client before providing services.
58.11 		Subd. 2.Itemized statement. The provider shall itemize fees for all services for 
58.12 	which the client or a third party is billed and make the itemized statement available to 
58.13 	the client. The statement shall identify the date the service was provided, the nature of 
58.14 	the service, the name of the individual who provided the service, and the name of the 
58.15 	individual who is professionally responsible for the service.
58.16 		Subd. 3.Representation of billed services. The provider shall not directly or by 
58.17 	implication misrepresent to the client or to a third party billed for services the nature or the 
58.18 	extent of the services provided.
58.19 		Subd. 4.Claiming fees. The provider shall not claim a fee for counseling services 
58.20 	unless the provider is either the direct provider of the services or is clinically responsible 
58.21 	for providing the services and under whose supervision the services were provided.
58.22 		Subd. 5.Referrals. No commission, rebate, or other form of remuneration may be 
58.23 	given or received by a provider for the referral of clients for counseling services.

58.24 	Sec. 39. [148F.195] AIDING AND ABETTING UNLICENSED PRACTICE.
58.25 	A provider shall not aid or abet an unlicensed individual to engage in the practice of 
58.26 	alcohol and drug counseling. A provider who supervises a student as part of an alcohol 
58.27 	and drug counseling practicum is not in violation of this section. Properly qualified 
58.28 	individuals who administer and score testing instruments under the direction of a provider 
58.29 	who maintains responsibility for the service are not considered in violation of this section.

58.30 	Sec. 40. [148F.200] VIOLATION OF LAW.
58.31 	A provider shall not violate any law in which the facts giving rise to the violation 
58.32 	involve the practice of alcohol and drug counseling as defined in sections 148F.001 to 
58.33 	148F.205. In any board proceeding alleging a violation of this section, the proof of a 
59.1 	conviction of a crime constitutes proof of the underlying factual elements necessary to 
59.2 	that conviction.

59.3 	Sec. 41. [148F.205] COMPLAINTS TO BOARD.
59.4 		Subdivision 1.Mandatory reporting requirements. A provider is required to file a 
59.5 	complaint when the provider knows or has reason to believe that another provider:
59.6 	(1) is unable to practice with reasonable skill and safety as a result of a physical or 
59.7 	mental illness or condition, including, but not limited to, substance abuse or dependence, 
59.8 	except that this mandated reporting requirement is deemed fulfilled by a report made 
59.9 	to the Health Professionals Services Program (HPSP) as provided by section 214.33, 
59.10 	subdivision 1;
59.11 	(2) is engaging in or has engaged in sexual behavior with a client or former client in 
59.12 	violation of section 148F.165, subdivision 6 or 7;
59.13 	(3) has failed to report abuse or neglect of children or vulnerable adults in violation 
59.14 	of section 626.556 or 626.557; or
59.15 	(4) has employed fraud or deception in obtaining or renewing an alcohol and drug 
59.16 	counseling license.
59.17 		Subd. 2.Optional reporting requirements. Other than conduct listed in 
59.18 	subdivision 1, a provider who has reason to believe that the conduct of another provider 
59.19 	appears to be in violation of sections 148F.001 to 148F.205 may file a complaint with 
59.20 	the board.
59.21 		Subd. 3.Institutions. A state agency, political subdivision, agency of a local unit 
59.22 	of government, private agency, hospital, clinic, prepaid medical plan, or other health 
59.23 	care institution or organization located in this state shall report to the board any action 
59.24 	taken by the agency, institution, or organization or any of its administrators or medical 
59.25 	or other committees to revoke, suspend, restrict, or condition an alcohol and drug 
59.26 	counselor's privilege to practice or treat patients or clients in the institution, or as part of 
59.27 	the organization, any denial of privileges, or any other disciplinary action for conduct that 
59.28 	might constitute grounds for disciplinary action by the board under sections 148F.001 
59.29 	to 148F.205. The institution, organization, or governmental entity shall also report the 
59.30 	resignation of any alcohol and drug counselors before the conclusion of any disciplinary 
59.31 	action proceeding for conduct that might constitute grounds for disciplinary action under 
59.32 	this chapter, or before the commencement of formal charges but after the practitioner had 
59.33 	knowledge that formal charges were contemplated or were being prepared.
59.34 		Subd. 4.Professional societies. A state or local professional society for alcohol and 
59.35 	drug counselors shall report to the board any termination, revocation, or suspension of 
60.1 	membership or any other disciplinary action taken against an alcohol and drug counselor. 
60.2 	If the society has received a complaint that might be grounds for discipline under this 
60.3 	chapter against a member on which it has not taken any disciplinary action, the society 
60.4 	shall report the complaint and the reason why it has not taken action on it or shall direct 
60.5 	the complainant to the board.
60.6 		Subd. 5.Insurers. Each insurer authorized to sell insurance described in section 
60.7 	60A.06, subdivision 1, clause (13), and providing professional liability insurance to 
60.8 	alcohol and drug counselors or the Medical Joint Underwriting Association under chapter 
60.9 	62F, shall submit to the board quarterly reports concerning the alcohol and drug counselors 
60.10 	against whom malpractice settlements and awards have been made. The report must 
60.11 	contain at least the following information:
60.12 	(1) the total number of malpractice settlements or awards made;
60.13 	(2) the date the malpractice settlements or awards were made;
60.14 	(3) the allegations contained in the claim or complaint leading to the settlements or 
60.15 	awards made;
60.16 	(4) the dollar amount of each settlement or award;
60.17 	(5) the address of the practice of the alcohol and drug counselor against whom an 
60.18 	award was made or with whom a settlement was made; and
60.19 	(6) the name of the alcohol and drug counselor against whom an award was made or 
60.20 	with whom a settlement was made. The insurance company shall, in addition to the above 
60.21 	information, submit to the board any information, records, and files, including clients' 
60.22 	charts and records, it possesses that tend to substantiate a charge that a licensed alcohol 
60.23 	and drug counselor may have engaged in conduct violating this chapter.
60.24 		Subd. 6.Self-reporting. An alcohol and drug counselor shall report to the board 
60.25 	any personal action that would require that a report be filed with the board by any person, 
60.26 	health care facility, business, or organization under subdivisions 1 and 3 to 5. The alcohol 
60.27 	and drug counselor shall also report the revocation, suspension, restriction, limitation, 
60.28 	or other disciplinary action in this state and report the filing of charges regarding the 
60.29 	practitioner's license or right of practice in another state or jurisdiction.
60.30 		Subd. 7.Permission to report. A person who has knowledge of any conduct 
60.31 	constituting grounds for disciplinary action relating to the practice of alcohol and drug 
60.32 	counseling under this chapter may report the violation to the board.
60.33 		Subd. 8.Client complaints to the board. A provider shall, upon request, provide 
60.34 	information regarding the procedure for filing a complaint with the board and shall, upon 
60.35 	request, assist with filing a complaint. A provider shall not attempt to dissuade a client 
61.1 	from filing a complaint with the board, or require that the client waive the right to file a 
61.2 	complaint with the board as a condition for providing services.
61.3 		Subd. 9.Deadlines; forms. Reports required by subdivisions 1 and 3 to 6 must be 
61.4 	submitted no later than 30 days after the reporter learns of the occurrence of the reportable 
61.5 	event or transaction. The board may provide forms for the submission of the reports 
61.6 	required by this section and may require that reports be submitted on the forms provided.

61.7 	Sec. 42. REPORT; BOARD OF BEHAVIORAL HEALTH AND THERAPY.
 61.8 	(a) The Board of Behavioral Health and Therapy shall convene a working group 
61.9 	to evaluate the feasibility of a tiered licensure system for alcohol and drug counselors in 
61.10 	Minnesota. This evaluation shall include proposed scopes of practice for each tier, specific 
61.11 	degree and other education and examination requirements for each tier, the clinical 
61.12 	settings in which each tier of practitioner would be utilized, and any other issues the 
61.13 	board deems necessary.
61.14 	(b) Members of the working group shall include, but not be limited to, members of 
61.15 	the board, licensed alcohol and drug counselors, alcohol and drug counselor temporary 
61.16 	permit holders, faculty members from two- and four-year education programs, professional 
61.17 	organizations, and employers.
61.18 	(c) The board shall present its written report, including any proposed legislation, to 
61.19 	the chairs and ranking minority members of the legislative committees with jurisdiction 
61.20 	over health and human services no later than December 15, 2015.
61.21 	(d) The working group is not subject to the provisions of Minnesota Statutes, 
61.22 	section 15.059.

61.23 	Sec. 43. REVISOR'S INSTRUCTION.
 61.24 	The revisor of statutes shall consult with the Board of Behavioral Health and 
61.25 	Therapy to make any necessary cross-reference changes that are needed as a result of the 
61.26 	passage of this act.

61.27 	Sec. 44. REPEALER.
 61.28 	(a) Minnesota Statutes 2010, sections 148C.01, subdivisions 1, 1a, 2, 2a, 2b, 2c, 
61.29 	2d, 2e, 2f, 2g, 4, 4a, 5, 7, 9, 10, 11, 11a, 12, 12a, 13, 14, 15, 16, 17, and 18; 148C.015; 
61.30 	148C.03, subdivisions 1 and 4; 148C.0351, subdivisions 1, 3, and 4; 148C.0355; 148C.04, 
61.31 	subdivisions 1, 2, 3, 4, 5a, 6, and 7; 148C.044; 148C.045; 148C.05, subdivisions 1, 1a, 5, 
61.32 	and 6; 148C.055; 148C.07; 148C.075; 148C.08; 148C.09, subdivisions 1, 1a, 2, and 4; 
62.1 	148C.091; 148C.093; 148C.095; 148C.099; 148C.10, subdivisions 1, 2, and 3; 148C.11; 
62.2 	and 148C.12, subdivisions 1, 2, 3, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, and 15, are repealed.
62.3 	(b) Minnesota Rules, parts 4747.0010; 4747.0020; 4747.0030, subparts 1, 2, 3, 
62.4 	4, 5, 7, 8, 9, 10, 15, 17, 18, 20, 21, 22, 24, and 29; 4747.0040; 4747.0050; 4747.0060; 
62.5 	4747.0070, subparts 1, 2, 3, and 6; 4747.0200; 4747.0400, subpart 1; 4747.0700; 
62.6 	4747.0800; 4747.0900; 4747.1100, subparts 1, 4, 5, 6, 7, 8, and 9; 4747.1400, subparts 
62.7 	1, 2, 3, 4, 5, 6, 7, 8, 10, 11, 12, and 13; 4747.1500; 6310.3100, subpart 2; 6310.3600; 
62.8 	and 6310.3700, subpart 1, are repealed.

62.9 	Sec. 45. EFFECTIVE DATE.
 62.10 	This article is effective August 1, 2012.

62.11 	ARTICLE 5
62.12 	LICENSED PROFESSIONAL COUNSELING

62.13 	Section 1. Minnesota Statutes 2010, section 148B.5301, subdivision 1, is amended to 
62.14 	read:
62.15 		Subdivision 1.General requirements. (a) To be licensed as a licensed professional 
62.16 	clinical counselor (LPCC), an applicant must provide satisfactory evidence to the board 
62.17 	that the applicant:
62.18 	(1) is at least 18 years of age;
62.19 	(2) is of good moral character;
62.20 	(3) has completed a master's or doctoral degree program in counseling or a 
62.21 	related field, as determined by the board based on the criteria in items (i) to (x), that 
62.22 	includes a minimum of 48 semester hours or 72 quarter hours and a supervised field 
62.23 	experience in counseling that is not fewer than 700 hours. The degree must be from 
62.24 	a counseling program recognized by the Council for Accreditation of Counseling and 
62.25 	Related Education Programs (CACREP) or from an institution of higher education that is 
62.26 	accredited by a regional accrediting organization recognized by the Council for Higher 
62.27 	Education Accreditation (CHEA). Specific academic course content and training must 
62.28 	include coursework in each of the following subject areas:
62.29 	(i) helping relationship, including counseling theory and practice;
62.30 	(ii) human growth and development;
62.31 	(iii) lifestyle and career development;
62.32 	(iv) group dynamics, processes, counseling, and consulting;
62.33 	(v) assessment and appraisal;
62.34 	(vi) social and cultural foundations, including multicultural issues;
63.1 	(vii) principles of etiology, treatment planning, and prevention of mental and 
63.2 	emotional disorders and dysfunctional behavior;
63.3 	(viii) family counseling and therapy;
63.4 	(ix) research and evaluation; and
63.5 	(x) professional counseling orientation and ethics;
63.6 	(4) has demonstrated competence in professional counseling by passing the National 
63.7 	Clinical Mental Health Counseling Examination (NCMHCE), administered by the 
63.8 	National Board for Certified Counselors, Inc. (NBCC) and ethical, oral, and situational 
63.9 	examinations as prescribed by the board. In lieu of the NCMHCE, applicants who have 
63.10 	taken and passed the National Counselor Examination (NCE) administered by the NBCC, 
63.11 	or another board-approved examination, need only take and pass the Examination of 
63.12 	Clinical Counseling Practice (ECCP) administered by the NBCC;
63.13 	(5) has earned graduate-level semester credits or quarter-credit equivalents in the 
63.14 	following clinical content areas as follows:
63.15 	(i) six credits in diagnostic assessment for child or adult mental disorders; normative 
63.16 	development; and psychopathology, including developmental psychopathology;
63.17 	(ii) three credits in clinical treatment planning, with measurable goals;
63.18 	(iii) six credits in clinical intervention methods informed by research evidence and 
63.19 	community standards of practice;
63.20 	(iv) three credits in evaluation methodologies regarding the effectiveness of 
63.21 	interventions;
63.22 	(v) three credits in professional ethics applied to clinical practice; and
63.23 	(vi) three credits in cultural diversity; and
63.24 	(6) has demonstrated successful completion of 4,000 hours of supervised, 
63.25 	post-master's degree professional practice in the delivery of clinical services in the 
63.26 	diagnosis and treatment of child and adult mental illnesses and disorders, conducted 
63.27 	according to subdivision 2.
63.28 	(b) If coursework in paragraph (a) was not completed as part of the degree program 
63.29 	required by paragraph (a), clause (3), the coursework must be taken and passed for credit, 
63.30 	and must be earned from a counseling program or institution that meets the requirements 
63.31 	of paragraph (a), clause (3).

63.32 	Sec. 2. Minnesota Statutes 2010, section 148B.5301, is amended by adding a 
63.33 	subdivision to read:
63.34 		Subd. 3a.Conversion from licensed professional counselor to licensed 
63.35 	professional clinical counselor. (a) Until August 1, 2014, an individual currently licensed 
64.1 	in the state of Minnesota as a licensed professional counselor may convert to a LPCC by 
64.2 	providing evidence satisfactory to the board that the applicant has met the following 
64.3 	requirements:
64.4 	(1) is at least 18 years of age;
64.5 	(2) is of good moral character;
64.6 	(3) has a license that is active and in good standing;
64.7 	(4) has no complaints pending, uncompleted disciplinary orders, or corrective 
64.8 	action agreements;
64.9 	(5) has completed a master's or doctoral degree program in counseling or a related 
64.10 	field, as determined by the board, and whose degree was from a counseling program 
64.11 	recognized by CACREP or from an institution of higher education that is accredited by a 
64.12 	regional accrediting organization recognized by CHEA;
64.13 	(6) has earned 24 graduate-level semester credits or quarter-credit equivalents in 
64.14 	clinical coursework which includes content in the following clinical areas:
64.15 	(i) diagnostic assessment for child and adult mental disorders; normative 
64.16 	development; and psychopathology, including developmental psychopathology;
64.17 	(ii) clinical treatment planning, with measurable goals;
64.18 	(iii) clinical intervention methods informed by research evidence and community 
64.19 	standards of practice;
64.20 	(iv) evaluation methodologies regarding the effectiveness of interventions;
64.21 	(v) professional ethics applied to clinical practice; and
64.22 	(vi) cultural diversity;
64.23 	(7) has demonstrated, to the satisfaction of the board, successful completion of 
64.24 	4,000 hours of supervised, post-master's degree professional practice in the delivery of 
64.25 	clinical services in the diagnosis and treatment of child and adult mental illnesses and 
64.26 	disorders; and
64.27 	(8) has paid the LPCC application and licensure fees required in section 148B.53, 
64.28 	subdivision 3.
64.29 	(b) If the coursework in paragraph (a) was not completed as part of the degree 
64.30 	program required by paragraph (a), clause (5), the coursework must be taken and passed 
64.31 	for credit, and must be earned from a counseling program or institution that meets the 
64.32 	requirements in paragraph (a), clause (5).
64.33 	(c) This subdivision expires August 1, 2014.

64.34 	EFFECTIVE DATE. This section is effective retroactively from August 1, 2011.

64.35 	Sec. 3. Minnesota Statutes 2010, section 148B.5301, subdivision 4, is amended to read:
65.1 		Subd. 4.Conversion to licensed professional clinical counselor after August 
65.2 	1, 2011 2014. After August 1, 2014, an individual licensed in the state of Minnesota 
65.3 	as a licensed professional counselor may convert to a LPCC by providing evidence 
65.4 	satisfactory to the board that the applicant has met the requirements of subdivisions 1 
65.5 	and 2, subject to the following:
65.6 	(1) the individual's license must be active and in good standing;
65.7 	(2) the individual must not have any complaints pending, uncompleted disciplinary 
65.8 	orders, or corrective action agreements; and
65.9 	(3) the individual has paid the LPCC application and licensure fees required in 
65.10 	section 148B.53, subdivision 3.

65.11 	Sec. 4. Minnesota Statutes 2010, section 148B.54, subdivision 2, is amended to read:
65.12 		Subd. 2.Continuing education. At the completion of the first four years of 
65.13 	licensure, a licensee must provide evidence satisfactory to the board of completion of 
65.14 	12 additional postgraduate semester credit hours or its equivalent in counseling as 
65.15 	determined by the board, except that no licensee shall be required to show evidence of 
65.16 	greater than 60 semester hours or its equivalent. In addition to completing the requisite 
65.17 	graduate coursework, each licensee shall also complete in the first four years of licensure 
65.18 	a minimum of 40 hours of continuing education activities approved by the board under 
65.19 	Minnesota Rules, part 2150.2540. Graduate credit hours successfully completed in the 
65.20 	first four years of licensure may be applied to both the graduate credit requirement and to 
65.21 	the requirement for 40 hours of continuing education activities. A licensee may receive 15 
65.22 	continuing education hours per semester credit hour or ten continuing education hours 
65.23 	per quarter credit hour. Thereafter, at the time of renewal, each licensee shall provide 
65.24 	evidence satisfactory to the board that the licensee has completed during each two-year 
65.25 	period at least the equivalent of 40 clock hours of professional postdegree continuing 
65.26 	education in programs approved by the board and continues to be qualified to practice 
65.27 	under sections 148B.50 to 148B.593.

65.28 	Sec. 5. Minnesota Statutes 2010, section 148B.54, subdivision 3, is amended to read:
65.29 		Subd. 3.Relicensure following termination. An individual whose license was 
65.30 	terminated prior to August 1, 2010, and who can demonstrate completion of the graduate 
65.31 	credit requirement in subdivision 2, does not need to comply with the continuing education 
65.32 	requirement of Minnesota Rules, part 2150.2520, subpart 4, or with the continuing 
65.33 	education requirements for relicensure following termination in Minnesota Rules, part 
66.1 	2150.0130, subpart 2. This section does not apply to an individual whose license has 
66.2 	been canceled.

66.3 	Sec. 6. EFFECTIVE DATE.
 66.4 	Sections 1 to 5 are effective August 1, 2012, unless a different effective date is 
66.5 	specified.

66.6 	ARTICLE 6
66.7 	HEALTH BOARDS

66.8 	Section 1. Minnesota Statutes 2010, section 148.10, subdivision 7, is amended to read:
66.9 		Subd. 7.Conviction of a felony-level criminal sexual conduct offense. (a) Except 
66.10 	as provided in paragraph (e) (f), the board shall not grant or renew a license to practice 
66.11 	chiropractic to any person who has been convicted on or after August 1, 2010, of any 
66.12 	of the provisions of sections 609.342, subdivision 1, 609.343, subdivision 1, 609.344, 
66.13 	subdivision 1, paragraphs (c) to (o), or 609.345, subdivision 1, paragraphs (b) to (o).
66.14 	(b) The board shall not grant or renew a license to practice chiropractic to any 
66.15 	person who has been convicted in any other state or country on or after August 1, 2011, 
66.16 	of an offense where the elements of the offense are substantially similar to any of the 
66.17 	offenses listed in paragraph (a).
66.18 	(b) (c) A license to practice chiropractic is automatically revoked if the licensee is 
66.19 	convicted of an offense listed in paragraph (a) of this section.
66.20 	(c) (d) A license to practice chiropractic that has been denied or revoked under this 
66.21 	subdivision is not subject to chapter 364.
66.22 	(d) (e) For purposes of this subdivision, "conviction" means a plea of guilty, a 
66.23 	verdict of guilty by a jury, or a finding of guilty by the court, unless the court stays 
66.24 	imposition or execution of the sentence and final disposition of the case is accomplished at 
66.25 	a nonfelony level.
66.26 	(e) (f) The board may establish criteria whereby an individual convicted of an offense 
66.27 	listed in paragraph (a) of this subdivision may become licensed provided that the criteria:
66.28 	(1) utilize a rebuttable presumption that the applicant is not suitable for licensing or 
66.29 	credentialing;
66.30 	(2) provide a standard for overcoming the presumption; and
66.31 	(3) require that a minimum of ten years has elapsed since the applicant was released 
66.32 	from any incarceration or supervisory jurisdiction related to the offense.
67.1 	The board shall not consider an application under this paragraph if the board 
67.2 	determines that the victim involved in the offense was a patient or a client of the applicant 
67.3 	at the time of the offense.

67.4 	Sec. 2. Minnesota Statutes 2010, section 214.09, is amended by adding a subdivision 
67.5 	to read:
67.6 		Subd. 5.Health-related boards. No current member of a health-related licensing 
67.7 	board may seek a paid employment position with that board.

67.8 	Sec. 3. Minnesota Statutes 2010, section 214.103, is amended to read:
67.9 	214.103 HEALTH-RELATED LICENSING BOARDS; COMPLAINT, 
67.10 	INVESTIGATION, AND HEARING.
67.11 		Subdivision 1.Application. For purposes of this section, "board" means 
67.12 	"health-related licensing board" and does not include the non-health-related licensing 
67.13 	boards. Nothing in this section supersedes section 214.10, subdivisions 2a, 3, 8, and 9, as 
67.14 	they apply to the health-related licensing boards.
67.15 		Subd. 1a.Notifications and resolution. (a) No more than 14 calendar days after 
67.16 	receiving a complaint regarding a licensee, the board shall notify the complainant that 
67.17 	the board has received the complaint and shall provide the complainant with the written 
67.18 	description of the board's complaint process. The board shall periodically, but no less 
67.19 	than every 120 days, notify the complainant of the status of the complaint consistent 
67.20 	with section 13.41.
67.21 	(b) Except as provided in paragraph (d), no more than 60 calendar days after 
67.22 	receiving a complaint regarding a licensee, the board must notify the licensee that the 
67.23 	board has received a complaint and inform the licensee of:
67.24 	(1) the substance of the complaint;
67.25 	(2) the sections of the law that have allegedly been violated;
67.26 	(3) the sections of the professional rules that have allegedly been violated; and
67.27 	(4) whether an investigation is being conducted.
67.28 	(c) The board shall periodically, but no less than every 120 days, notify the licensee 
67.29 	of the status of the complaint consistent with section 13.41.
67.30 	(d) Paragraphs (b) and (c) do not apply if the board determines that such notice 
67.31 	would compromise the board's investigation and that such notice cannot reasonably be 
67.32 	accomplished within this time.
67.33 	(e) No more than one year after receiving a complaint regarding a licensee, the 
67.34 	board must resolve or dismiss the complaint unless the board determines that resolving or 
68.1 	dismissing the complaint cannot reasonably be accomplished in this time and is not in 
68.2 	the public interest.
68.3 	(f) Failure to make notifications or to resolve the complaint within the time 
68.4 	established in this subdivision shall not deprive the board of jurisdiction to complete the 
68.5 	investigation or to take corrective, disciplinary, or other action against the licensee that is 
68.6 	authorized by law. Such a failure by the board shall not be the basis for a licensee's request 
68.7 	for the board to dismiss a complaint, and shall not be considered by an administrative law 
68.8 	judge, the board, or any reviewing court.
68.9 		Subd. 2.Receipt of complaint. The boards shall receive and resolve complaints 
68.10 	or other communications, whether oral or written, against regulated persons. Before 
68.11 	resolving an oral complaint, the executive director or a board member designated by the 
68.12 	board to review complaints may shall  require the complainant to state the complaint in 
68.13 	writing or authorize transcribing the complaint. The executive director or the designated 
68.14 	board member shall determine whether the complaint alleges or implies a violation of 
68.15 	a statute or rule which the board is empowered to enforce. The executive director or 
68.16 	the designated board member may consult with the designee of the attorney general as 
68.17 	to a board's jurisdiction over a complaint. If the executive director or the designated 
68.18 	board member determines that it is necessary, the executive director may seek additional 
68.19 	information to determine whether the complaint is jurisdictional or to clarify the nature 
68.20 	of the allegations by obtaining records or other written material, obtaining a handwriting 
68.21 	sample from the regulated person, clarifying the alleged facts with the complainant, and 
68.22 	requesting a written response from the subject of the complaint.
68.23 		Subd. 3.Referral to other agencies. The executive director shall forward to 
68.24 	another governmental agency any complaints received by the board which do not relate 
68.25 	to the board's jurisdiction but which relate to matters within the jurisdiction of another 
68.26 	governmental agency. The agency shall advise the executive director of the disposition 
68.27 	of the complaint. A complaint or other information received by another governmental 
68.28 	agency relating to a statute or rule which a board is empowered to enforce must be 
68.29 	forwarded to the executive director of the board to be processed in accordance with this 
68.30 	section. Governmental agencies may coordinate and conduct joint investigations of 
68.31 	complaints that involve more than one governmental agency.
68.32 		Subd. 4.Role of the attorney general. The executive director or the designated 
68.33 	board member shall forward a complaint and any additional information to the designee 
68.34 	of the attorney general when the executive director or the designated board member 
68.35 	determines that a complaint is jurisdictional and:
69.1 	(1) requires investigation before the executive director or the designated board 
69.2 	member may resolve the complaint;
69.3 	(2) that attempts at resolution for disciplinary action or the initiation of a contested 
69.4 	case hearing is appropriate;
69.5 	(3) that an agreement for corrective action is warranted; or
69.6 	(4) that the complaint should be dismissed, consistent with subdivision 8.
69.7 		Subd. 5.Investigation by attorney general. (a) If the executive director or the 
69.8 	designated board member determines that investigation is necessary before resolving 
69.9 	the complaint, the executive director shall forward the complaint and any additional 
69.10 	information to the designee of the attorney general. The designee of the attorney general 
69.11 	shall evaluate the communications forwarded and investigate as appropriate. 
69.12 	(b) The designee of the attorney general may also investigate any other complaint 
69.13 	forwarded under subdivision 3 when the designee of the attorney general determines that 
69.14 	investigation is necessary. 
69.15 	(c) In the process of evaluation and investigation, the designee shall consult with 
69.16 	or seek the assistance of the executive director or the designated board member. The 
69.17 	designee may also consult with or seek the assistance of other qualified persons who are 
69.18 	not members of the board who the designee believes will materially aid in the process of 
69.19 	evaluation or investigation. 
69.20 	(d) Upon completion of the investigation, the designee shall forward the investigative 
69.21 	report to the executive director with recommendations for further consideration or 
69.22 	dismissal.
69.23 		Subd. 6.Attempts at resolution. (a) At any time after receipt of a complaint, the 
69.24 	executive director or the designated board member may attempt to resolve the complaint 
69.25 	with the regulated person. The available means for resolution include a conference or 
69.26 	any other written or oral communication with the regulated person. A conference may 
69.27 	be held for the purposes of investigation, negotiation, education, or conciliation. Neither 
69.28 	the executive director nor any member of a board's staff shall be a voting member in any 
69.29 	attempts at resolutions which may result in disciplinary or corrective action. The results 
69.30 	of attempts at resolution with the regulated person may include a recommendation to 
69.31 	the board for disciplinary action, an agreement between the executive director or the 
69.32 	designated board member and the regulated person for corrective action, or the dismissal 
69.33 	of a complaint. If attempts at resolution are not in the public interest or are not satisfactory 
69.34 	to the executive director or the designated board member, then the executive director or 
69.35 	the designated board member may initiate a contested case hearing may be initiated.
70.1 	(1) The designee of the attorney general shall represent the board in all attempts at 
70.2 	resolution which the executive director or the designated board member anticipate may 
70.3 	result in disciplinary action. A stipulation between the executive director or the designated 
70.4 	board member and the regulated person shall be presented to the board for the board's 
70.5 	consideration. An approved stipulation and resulting order shall become public data.
70.6 	(2) The designee of the attorney general shall represent the board upon the request of 
70.7 	the executive director or the designated board member in all attempts at resolution which 
70.8 	the executive director or the designated board member anticipate may result in corrective 
70.9 	action. Any agreement between the executive director or the designated board member 
70.10 	and the regulated person for corrective action shall be in writing and shall be reviewed by 
70.11 	the designee of the attorney general prior to its execution. The agreement for corrective 
70.12 	action shall provide for dismissal of the complaint upon successful completion by the 
70.13 	regulated person of the corrective action.
70.14 	(b) Upon receipt of a complaint alleging sexual contact or sexual conduct with a 
70.15 	client, the board must forward the complaint to the designee of the attorney general for 
70.16 	an investigation. If, after it is investigated, the complaint appears to provide a basis for 
70.17 	disciplinary action, the board shall resolve the complaint by disciplinary action or initiate 
70.18 	a contested case hearing. Notwithstanding paragraph (a), clause (2), a board may not take 
70.19 	corrective action or dismiss a complaint alleging sexual contact or sexual conduct with a 
70.20 	client unless, in the opinion of the executive director, the designated board member, and the 
70.21 	designee of the attorney general, there is insufficient evidence to justify disciplinary action.
70.22 		Subd. 7.Contested case hearing. If the executive director or the designated board 
70.23 	member determines that attempts at resolution of a complaint are not in the public interest 
70.24 	or are not satisfactory to the executive director or the designated board member, the 
70.25 	executive director or the designated board member, after consultation with the designee 
70.26 	of the attorney general, and the concurrence of a second board member, may initiate a 
70.27 	contested case hearing under chapter 14. The designated board member or any board 
70.28 	member who was consulted during the course of an investigation may participate at the 
70.29 	contested case hearing. A designated or consulted board member may not deliberate or 
70.30 	vote in any proceeding before the board pertaining to the case.
70.31 		Subd. 8.Dismissal and reopening of a complaint. (a) A complaint may not be 
70.32 	dismissed without the concurrence of at least two board members and, upon the request 
70.33 	of the complainant, a review by a representative of the attorney general's office. The 
70.34 	designee of the attorney general must review before dismissal any complaints which 
70.35 	allege any violation of chapter 609, any conduct which would be required to be reported 
70.36 	under section 626.556 or 626.557, any sexual contact or sexual conduct with a client, 
71.1 	any violation of a federal law, any actual or potential inability to practice the regulated 
71.2 	profession or occupation by reason of illness, use of alcohol, drugs, chemicals, or any other 
71.3 	materials, or as a result of any mental or physical condition, any violation of state medical 
71.4 	assistance laws, or any disciplinary action related to credentialing in another jurisdiction 
71.5 	or country which was based on the same or related conduct specified in this subdivision.
71.6 	(b) The board may reopen a dismissed complaint if the board receives newly 
71.7 	discovered information that was not available to the board during the initial investigation 
71.8 	of the complaint, or if the board receives a new complaint that indicates a pattern of 
71.9 	behavior or conduct.
71.10 		Subd. 9.Information to complainant. A board shall furnish to a person who made 
71.11 	a complaint a written description of the board's complaint process, and actions of the 
71.12 	board relating to the complaint.
71.13 		Subd. 10.Prohibited participation by board member. A board member who 
71.14 	has actual bias or a current or former direct financial or professional connection with a 
71.15 	regulated person may not vote in board actions relating to the regulated person.

71.16 	Sec. 4. [214.108] HEALTH-RELATED LICENSING BOARDS; LICENSEE 
71.17 	GUIDANCE.
71.18 	A health-related licensing board may offer guidance to current licensees about the 
71.19 	application of laws and rules the board is empowered to enforce. This guidance shall not 
71.20 	bind any court or other adjudicatory body.

71.21 	Sec. 5. [214.109] RECORD KEEPING.
71.22 	(a) A board may take administrative action against a regulated person whose records 
71.23 	do not meet the standards of professional practice. Action taken under this paragraph 
71.24 	shall not be considered disciplinary action.
71.25 	(b) Records that are fraudulent or could result in patient harm may be handled 
71.26 	through disciplinary or other corrective action.

71.27 	Sec. 6. Laws 2010, chapter 349, section 1, the effective date, is amended to read:

71.28 	EFFECTIVE DATE. This section is effective for new licenses issued or renewed 
71.29 	on or after August 1, 2010.

72.1 	ARTICLE 7
72.2 	DENTISTRY

72.3 	Section 1. Minnesota Statutes 2010, section 150A.06, subdivision 1c, is amended to 
72.4 	read:
72.5 		Subd. 1c.Specialty dentists. (a) The board may grant a specialty license in the 
72.6 	specialty areas of dentistry that are recognized by the American Dental Association.
72.7 	(b) An applicant for a specialty license shall:
72.8 	(1) have successfully completed a postdoctoral specialty education program 
72.9 	accredited by the Commission on Dental Accreditation of the American Dental 
72.10 	Association, or have announced a limitation of practice before 1967;
72.11 	(2) have been certified by a specialty examining board approved by the Minnesota 
72.12 	Board of Dentistry, or provide evidence of having passed a clinical examination for 
72.13 	licensure required for practice in any state or Canadian province, or in the case of oral and 
72.14 	maxillofacial surgeons only, have a Minnesota medical license in good standing;
72.15 	(3) have been in active practice or a postdoctoral specialty education program or 
72.16 	United States government service at least 2,000 hours in the 36 months prior to applying 
72.17 	for a specialty license;
72.18 	(4) if requested by the board, be interviewed by a committee of the board, which 
72.19 	may include the assistance of specialists in the evaluation process, and satisfactorily 
72.20 	respond to questions designed to determine the applicant's knowledge of dental subjects 
72.21 	and ability to practice;
72.22 	(5) if requested by the board, present complete records on a sample of patients 
72.23 	treated by the applicant. The sample must be drawn from patients treated by the applicant 
72.24 	during the 36 months preceding the date of application. The number of records shall be 
72.25 	established by the board. The records shall be reasonably representative of the treatment 
72.26 	typically provided by the applicant;
72.27 	(6) at board discretion, pass a board-approved English proficiency test if English is 
72.28 	not the applicant's primary language;
72.29 	(7) pass all components of the National Dental Board Dental Examinations;
72.30 	(8) pass the Minnesota Board of Dentistry jurisprudence examination;
72.31 	(9) abide by professional ethical conduct requirements; and
72.32 	(10) meet all other requirements prescribed by the Board of Dentistry.
72.33 	(c) The application must include:
72.34 	(1) a completed application furnished by the board;
73.1 	(2) at least two character references from two different dentists, one of whom must 
73.2 	be a dentist practicing in the same specialty area, and the other the director of the specialty 
73.3 	program attended;
73.4 	(3) a licensed physician's statement attesting to the applicant's physical and mental 
73.5 	condition;
73.6 	(4) a statement from a licensed ophthalmologist or optometrist attesting to the 
73.7 	applicant's visual acuity;
73.8 	(5) a nonrefundable fee; and
73.9 	(6) a notarized, unmounted passport-type photograph, three inches by three inches, 
73.10 	taken not more than six months before the date of application.
73.11 	(d) A specialty dentist holding a specialty license is limited to practicing in the 
73.12 	dentist's designated specialty area. The scope of practice must be defined by each national 
73.13 	specialty board recognized by the American Dental Association.
73.14 	(e) A specialty dentist holding a general dentist license is limited to practicing in the 
73.15 	dentist's designated specialty area if the dentist has announced a limitation of practice. 
73.16 	The scope of practice must be defined by each national specialty board recognized by 
73.17 	the American Dental Association.
73.18 	(f) All specialty dentists who have fulfilled the specialty dentist requirements and 
73.19 	who intend to limit their practice to a particular specialty area may apply for a specialty 
73.20 	license.

73.21 	Sec. 2. Minnesota Statutes 2010, section 150A.06, subdivision 3, is amended to read:
73.22 		Subd. 3.Waiver of examination. (a) All or any part of the examination for dentists 
73.23 	or dental hygienists, except that pertaining to the law of Minnesota relating to dentistry 
73.24 	and the rules of the board, may, at the discretion of the board, be waived for an applicant 
73.25 	who presents a certificate of qualification from having passed all components of the 
73.26 	National Board of Dental Examiners Examinations or evidence of having maintained an 
73.27 	adequate scholastic standing as determined by the board, in dental school as to dentists, or 
73.28 	dental hygiene school as to dental hygienists.
73.29 	(b) The board shall waive the clinical examination required for licensure for any 
73.30 	dentist applicant who is a graduate of a dental school accredited by the Commission 
73.31 	on Dental Accreditation of the American Dental Association, who has successfully 
73.32 	completed passed all components of the National Dental Board Examination Dental 
73.33 	Examinations, and who has satisfactorily completed a Minnesota-based postdoctoral 
73.34 	general dentistry residency program (GPR) or an advanced education in general dentistry 
73.35 	(AEGD) program after January 1, 2004. The postdoctoral program must be accredited 
74.1 	by the Commission on Dental Accreditation of the American Dental Association, be of 
74.2 	at least one year's duration, and include an outcome assessment evaluation assessing 
74.3 	the resident's competence to practice dentistry. The board may require the applicant to 
74.4 	submit any information deemed necessary by the board to determine whether the waiver is 
74.5 	applicable. The board may waive the clinical examination for an applicant who meets the 
74.6 	requirements of this paragraph and has satisfactorily completed an accredited postdoctoral 
74.7 	general dentistry residency program located outside of Minnesota.

74.8 	Sec. 3. Minnesota Statutes 2010, section 150A.06, subdivision 4, is amended to read:
74.9 		Subd. 4.Licensure by credentials. (a) Any dentist or dental hygienist may, upon 
74.10 	application and payment of a fee established by the board, apply for licensure based on 
74.11 	the applicant's performance record in lieu of passing an examination approved by the 
74.12 	board according to section 150A.03, subdivision 1, and be interviewed by the board to 
74.13 	determine if the applicant:
74.14 	(1) has passed all components of the National Board Dental Examinations;
74.15 	(1) (2) has been in active practice at least 2,000 hours within 36 months of the 
74.16 	application date, or passed a board-approved reentry program within 36 months of the 
74.17 	application date;
74.18 	(2) (3) currently has a license in another state or Canadian province and is not subject 
74.19 	to any pending or final disciplinary action, or if not currently licensed, previously had a 
74.20 	license in another state or Canadian province in good standing that was not subject to any 
74.21 	final or pending disciplinary action at the time of surrender;
74.22 	(3) (4) is of good moral character and abides by professional ethical conduct 
74.23 	requirements;
74.24 	(4) (5) at board discretion, has passed a board-approved English proficiency test if 
74.25 	English is not the applicant's primary language; and
74.26 	(5) (6) meets other credentialing requirements specified in board rule.
74.27 	(b) An applicant who fulfills the conditions of this subdivision and demonstrates 
74.28 	the minimum knowledge in dental subjects required for licensure under subdivision 1 or 
74.29 	2 must be licensed to practice the applicant's profession.
74.30 	(c) If the applicant does not demonstrate the minimum knowledge in dental subjects 
74.31 	required for licensure under subdivision 1 or 2, the application must be denied. When 
74.32 	denying a license, the board may notify the applicant of any specific remedy that the 
74.33 	applicant could take which, when passed, would qualify the applicant for licensure. A 
74.34 	denial does not prohibit the applicant from applying for licensure under subdivision 1 or 2.
75.1 	(d) A candidate whose application has been denied may appeal the decision to the 
75.2 	board according to subdivision 4a.

75.3 	Sec. 4. Minnesota Statutes 2010, section 150A.06, subdivision 6, is amended to read:
75.4 		Subd. 6.Display of name and certificates. (a) The initial license and subsequent 
75.5 	renewal, or current registration certificate, of every dentist, a dental therapist, dental 
75.6 	hygienist, or dental assistant shall be conspicuously displayed in every office in which that 
75.7 	person practices, in plain sight of patients. When available from the board, the board shall 
75.8 	allow the display of a wallet-sized initial license and wallet-sized subsequent renewal 
75.9 	certificate only at nonprimary practice locations instead of displaying an original-sized 
75.10 	initial license and subsequent renewal certificate.
75.11 	(b) Near or on the entrance door to every office where dentistry is practiced, the 
75.12 	name of each dentist practicing there, as inscribed on the current license certificate, shall 
75.13 	be displayed in plain sight.

75.14 	Sec. 5. Minnesota Statutes 2010, section 150A.09, subdivision 3, is amended to read:
75.15 		Subd. 3.Current address, change of address. Every dentist, dental therapist, 
75.16 	dental hygienist, and dental assistant shall maintain with the board a correct and current 
75.17 	mailing address and electronic mail address. For dentists engaged in the practice of 
75.18 	dentistry, the postal address shall be that of the location of the primary dental practice. 
75.19 	Within 30 days after changing postal or electronic mail addresses, every dentist, dental 
75.20 	therapist, dental hygienist, and dental assistant shall provide the board written notice of 
75.21 	the new address either personally or by first class mail.

75.22 	Sec. 6. Minnesota Statutes 2010, section 150A.105, subdivision 7, is amended to read:
75.23 		Subd. 7.Use of dental assistants. (a) A licensed dental therapist may supervise 
75.24 	dental assistants to the extent permitted in the collaborative management agreement and 
75.25 	according to section 150A.10, subdivision 2.
75.26 	(b) Notwithstanding paragraph (a), a licensed dental therapist is limited to 
75.27 	supervising no more than four registered licensed dental assistants or nonregistered
75.28 	nonlicensed dental assistants at any one practice setting.

75.29 	Sec. 7. Minnesota Statutes 2010, section 150A.106, subdivision 1, is amended to read:
75.30 		Subdivision 1.General. In order to be certified by the board to practice as an 
75.31 	advanced dental therapist, a person must:
75.32 	(1) complete a dental therapy education program;
76.1 	(2) pass an examination to demonstrate competency under the dental therapy scope 
76.2 	of practice;
76.3 	(3) be licensed as a dental therapist;
76.4 	(4) complete 2,000 hours of dental therapy clinical practice under direct or indirect 
76.5 	supervision;
76.6 	(5) graduate from a master's advanced dental therapy education program;
76.7 	(6) pass a board-approved certification examination to demonstrate competency 
76.8 	under the advanced scope of practice; and
76.9 	(7) submit an application and fee for certification as prescribed by the board.

76.10 	Sec. 8. Minnesota Statutes 2010, section 150A.14, is amended to read:
76.11 	150A.14 IMMUNITY.
76.12 		Subdivision 1.Reporting immunity. A person, health care facility, business, or 
76.13 	organization is immune from civil liability or criminal prosecution for submitting a report 
76.14 	in good faith to the board under section 150A.13, or for cooperating with an investigation 
76.15 	of a report or with staff of the board relative to violations or alleged violations of section 
76.16 	150A.08. Reports are confidential data on individuals under section 13.02, subdivision 3, 
76.17 	and are privileged communications. 
76.18 		Subd. 2.Program Investigation immunity. (a) Members of the board, persons 
76.19 	employed by the board, and board consultants retained by the board are immune from 
76.20 	civil liability and criminal prosecution for any actions, transactions, or publications in 
76.21 	the execution of, or relating to, their duties under section 150A.13 sections 150A.02 to 
76.22 	150A.21, 214.10, and 214.103. 
76.23 	(b) For purposes of this section, a member of the board or a consultant described in 
76.24 	paragraph (a) is considered a state employee under section 3.736, subdivision 9.