HF 1608

2nd Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to health; imposing lifetime limit on certain 
  1.3             medical benefit coverage; changing the expiration date 
  1.4             of the consumer advisory board; modifying the 
  1.5             Minnesota Health Care Administrative Simplification 
  1.6             Act; modifying maternal and child health provisions; 
  1.7             modifying provisions for speech-language pathologists, 
  1.8             audiologists, unlicensed mental health practitioners, 
  1.9             alcohol and drug counselors, and hearing instrument 
  1.10            dispensers; restricting state funding to family 
  1.11            planning services; amending Minnesota Statutes 1998, 
  1.12            sections 62E.04, subdivision 4; 62J.51, by adding 
  1.13            subdivisions; 62J.52, subdivisions 1, 2, and 5; 
  1.14            62J.60, subdivision 1; 62J.75; 62Q.64; 145.881, 
  1.15            subdivision 2; 145.882, subdivision 7, and by adding a 
  1.16            subdivision; 145.885, subdivision 2; 148.511; 148.515, 
  1.17            subdivision 3; 148.517, by adding a subdivision; 
  1.18            148B.60, subdivision 3; 148B.68, subdivision 1; 
  1.19            148B.69, by adding a subdivision; 148B.71, subdivision 
  1.20            1; 148C.01, subdivisions 2, 7, 9, 10, and by adding a 
  1.21            subdivision; 148C.03, subdivision 1; 148C.04, by 
  1.22            adding subdivisions; 148C.06, subdivision 1; 148C.09, 
  1.23            subdivisions 1 and 1a; 153A.13, subdivision 9, and by 
  1.24            adding subdivisions; 153A.14, subdivisions 1, 2a, 2h, 
  1.25            4, 4a, and by adding subdivisions; and 153A.15, 
  1.26            subdivision 1; proposing coding for new law in 
  1.27            Minnesota Statutes, chapters 62J; and 145; repealing 
  1.28            Minnesota Statutes 1998, sections 145.882, 
  1.29            subdivisions 3 and 4; and 148C.04, subdivision 5. 
  1.30  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.31     Section 1.  Minnesota Statutes 1998, section 62E.04, 
  1.32  subdivision 4, is amended to read: 
  1.33     Subd. 4.  [MAJOR MEDICAL COVERAGE.] Each insurer and 
  1.34  fraternal shall affirmatively offer coverage of major medical 
  1.35  expenses to every applicant who applies to the insurer or 
  1.36  fraternal for a new unqualified policy, which has a lifetime 
  1.37  benefit limit of less than $1,000,000, at the time of 
  2.1   application and annually to every holder of such an unqualified 
  2.2   policy of accident and health insurance renewed by the insurer 
  2.3   or fraternal.  The coverage shall provide that when a covered 
  2.4   individual incurs out-of-pocket expenses of $5,000 or more 
  2.5   within a calendar year for services covered in section 62E.06, 
  2.6   subdivision 1, benefits shall be payable, subject to any 
  2.7   copayment authorized by the commissioner, up to a maximum 
  2.8   lifetime limit of $500,000.  The offer of coverage of major 
  2.9   medical expenses may consist of the offer of a rider on an 
  2.10  existing unqualified policy or a new policy which is a qualified 
  2.11  plan. 
  2.12     Sec. 2.  Minnesota Statutes 1998, section 62J.51, is 
  2.13  amended by adding a subdivision to read: 
  2.14     Subd. 19a.  [UNIFORM EXPLANATION OF BENEFITS 
  2.15  DOCUMENT.] "Uniform explanation of benefits document" means the 
  2.16  document associated with and explaining the details of a group 
  2.17  purchaser's claim adjudication for services rendered, which is 
  2.18  sent to a patient. 
  2.19     Sec. 3.  Minnesota Statutes 1998, section 62J.51, is 
  2.20  amended by adding a subdivision to read: 
  2.21     Subd. 19b.  [UNIFORM REMITTANCE ADVICE REPORT.] "Uniform 
  2.22  remittance advice report" means the document associated with and 
  2.23  explaining the details of a group purchaser's claim adjudication 
  2.24  for services rendered, which is sent to a provider. 
  2.25     Sec. 4.  Minnesota Statutes 1998, section 62J.52, 
  2.26  subdivision 1, is amended to read: 
  2.27     Subdivision 1.  [UNIFORM BILLING FORM HCFA 1450.] (a) On 
  2.28  and after January 1, 1996, all institutional inpatient hospital 
  2.29  services, ancillary services, and institutionally owned or 
  2.30  operated outpatient services rendered by providers in Minnesota, 
  2.31  and institutional or noninstitutional home health services that 
  2.32  are not being billed using an equivalent electronic billing 
  2.33  format, must be billed using the uniform billing form HCFA 1450, 
  2.34  except as provided in subdivision 5. 
  2.35     (b) The instructions and definitions for the use of the 
  2.36  uniform billing form HCFA 1450 shall be in accordance with the 
  3.1   uniform billing form manual specified by the commissioner.  In 
  3.2   promulgating these instructions, the commissioner may utilize 
  3.3   the manual developed by the National Uniform Billing Committee, 
  3.4   as adopted and finalized by the Minnesota uniform billing 
  3.5   committee.  
  3.6      (c) Services to be billed using the uniform billing form 
  3.7   HCFA 1450 include:  institutional inpatient hospital services 
  3.8   and distinct units in the hospital such as psychiatric unit 
  3.9   services, physical therapy unit services, swing bed (SNF)  
  3.10  services, inpatient state psychiatric hospital services, 
  3.11  inpatient skilled nursing facility services, home health 
  3.12  services (Medicare part A), and hospice services; ancillary 
  3.13  services, where benefits are exhausted or patient has no 
  3.14  Medicare part A, from hospitals, state psychiatric hospitals, 
  3.15  skilled nursing facilities, and home health (Medicare part B); 
  3.16  and institutional owned or operated outpatient services such as 
  3.17  waivered services, hospital outpatient services, including 
  3.18  ambulatory surgical center services, hospital referred 
  3.19  laboratory services, hospital-based ambulance services, and 
  3.20  other hospital outpatient services, skilled nursing facilities, 
  3.21  home health, including infusion therapy, freestanding renal 
  3.22  dialysis centers, comprehensive outpatient rehabilitation 
  3.23  facilities (CORF), outpatient rehabilitation facilities (ORF), 
  3.24  rural health clinics, and community mental health centers,; home 
  3.25  health services such as home health intravenous therapy 
  3.26  providers, waivered services, personal care attendants, and 
  3.27  hospice; and any other health care provider certified by the 
  3.28  Medicare program to use this form. 
  3.29     (d) On and after January 1, 1996, a mother and newborn 
  3.30  child must be billed separately, and must not be combined on one 
  3.31  claim form. 
  3.32     Sec. 5.  Minnesota Statutes 1998, section 62J.52, 
  3.33  subdivision 2, is amended to read: 
  3.34     Subd. 2.  [UNIFORM BILLING FORM HCFA 1500.] (a) On and 
  3.35  after January 1, 1996, all noninstitutional health care services 
  3.36  rendered by providers in Minnesota except dental or pharmacy 
  4.1   providers, that are not currently being billed using an 
  4.2   equivalent electronic billing format, must be billed using the 
  4.3   health insurance claim form HCFA 1500, except as provided in 
  4.4   subdivision 5. 
  4.5      (b) The instructions and definitions for the use of the 
  4.6   uniform billing form HCFA 1500 shall be in accordance with the 
  4.7   manual developed by the administrative uniformity committee 
  4.8   entitled standards for the use of the HCFA 1500 form, dated 
  4.9   February 1994, as further defined by the commissioner. 
  4.10     (c) Services to be billed using the uniform billing form 
  4.11  HCFA 1500 include physician services and supplies, durable 
  4.12  medical equipment, noninstitutional ambulance services, 
  4.13  independent ancillary services including occupational therapy, 
  4.14  physical therapy, speech therapy and audiology, podiatry 
  4.15  services, optometry services, mental health licensed 
  4.16  professional services, substance abuse licensed professional 
  4.17  services, nursing practitioner professional services, certified 
  4.18  registered nurse anesthetists, chiropractors, physician 
  4.19  assistants, laboratories, medical suppliers, and other health 
  4.20  care providers such as home health intravenous therapy 
  4.21  providers, personal care attendants, day activity centers, 
  4.22  waivered services, hospice, and other home health services, and 
  4.23  freestanding ambulatory surgical centers. 
  4.24     Sec. 6.  Minnesota Statutes 1998, section 62J.52, 
  4.25  subdivision 5, is amended to read: 
  4.26     Subd. 5.  [STATE AND FEDERAL HEALTH CARE PROGRAMS.] (a) 
  4.27  Skilled nursing facilities and ICF/MR services billed to state 
  4.28  and federal health care programs administered by the department 
  4.29  of human services shall use the form designated by the 
  4.30  department of human services. 
  4.31     (b) On and after July 1, 1996, state and federal health 
  4.32  care programs administered by the department of human services 
  4.33  shall accept the HCFA 1450 for community mental health center 
  4.34  services and shall accept the HCFA 1500 for freestanding 
  4.35  ambulatory surgical center services. 
  4.36     (c) State and federal health care programs administered by 
  5.1   the department of human services shall be authorized to use the 
  5.2   forms designated by the department of human services for 
  5.3   pharmacy services and for child and teen checkup services. 
  5.4      (d) State and federal health care programs administered by 
  5.5   the department of human services shall accept the form 
  5.6   designated by the department of human services, and the HCFA 
  5.7   1500 for supplies, medical supplies, or durable medical 
  5.8   equipment.  Health care providers may choose which form to 
  5.9   submit. 
  5.10     (e) Personal care attendant and waivered services billed on 
  5.11  a fee-for-service basis directly to state and federal health 
  5.12  care programs administered by the department of human services 
  5.13  shall use either the HCFA 1450 or the HCFA 1500 form, as 
  5.14  designated by the department of human services. 
  5.15     Sec. 7.  [62J.581] [STANDARDS FOR MINNESOTA UNIFORM HEALTH 
  5.16  CARE REIMBURSEMENT DOCUMENTS.] 
  5.17     Subdivision 1.  [MINNESOTA UNIFORM REMITTANCE ADVICE 
  5.18  REPORT.] All group purchasers and payers shall provide a uniform 
  5.19  remittance advice report to health care providers when a claim 
  5.20  is adjudicated.  The uniform remittance advice report shall 
  5.21  comply with the standards prescribed in this section. 
  5.22     Subd. 2.  [MINNESOTA UNIFORM EXPLANATION OF BENEFITS 
  5.23  DOCUMENT.] All group purchasers and payers shall provide a 
  5.24  uniform explanation of benefits document to health care patients 
  5.25  when a claim is adjudicated.  The uniform explanation of 
  5.26  benefits document shall comply with the standards prescribed in 
  5.27  this section. 
  5.28     Subd. 3.  [SCOPE.] For purposes of sections 62J.50 to 
  5.29  62J.61, the uniform remittance advice report and the uniform 
  5.30  explanation of benefits document format specified in subdivision 
  5.31  4 shall apply to all health care services delivered by a health 
  5.32  care provider or health care provider organization in Minnesota, 
  5.33  regardless of the location of the payer.  Health care services 
  5.34  not paid on an individual claims basis, such as capitated 
  5.35  payments, are not included in this section.  A health plan 
  5.36  company is excluded from the requirements in subdivisions 1 and 
  6.1   2 if they comply with section 62A.01, subdivisions 2 and 3. 
  6.2      Subd. 4.  [SPECIFICATIONS.] The uniform remittance advice 
  6.3   report and the uniform explanation of benefits document shall be 
  6.4   provided by use of a paper document conforming to the 
  6.5   specifications in this section or by use of the ANSI X12N 835 
  6.6   standard electronic format as established under United States 
  6.7   Code, title 42, sections 1320d to 1320d-8, and as amended from 
  6.8   time to time for the remittance advice.  The commissioner, after 
  6.9   consulting with the administrative uniformity committee, shall 
  6.10  specify the data elements and definitions for the uniform 
  6.11  remittance advice report and the uniform explanation of benefits 
  6.12  document. 
  6.13     Subd. 5.  [EFFECTIVE DATE.] The requirements in 
  6.14  subdivisions 1 and 2 are effective 12 months after standards for 
  6.15  the electronic remittance advice transaction are effective under 
  6.16  United States Code, title 42, sections 1320d to 1320d-8, and as 
  6.17  amended from time to time.  The requirements in subdivisions 1 
  6.18  and 2 apply regardless of when the health care service was 
  6.19  provided to the patient. 
  6.20     Sec. 8.  Minnesota Statutes 1998, section 62J.60, 
  6.21  subdivision 1, is amended to read: 
  6.22     Subdivision 1.  [MINNESOTA HEALTH CARE IDENTIFICATION 
  6.23  CARD.] All individuals with health care coverage shall be issued 
  6.24  health care identification cards by group purchasers as of 
  6.25  January 1, 1998, unless the requirements of section 62A.01, 
  6.26  subdivisions 2 and 3, are met.  The health care identification 
  6.27  cards shall comply with the standards prescribed in this section.
  6.28     Sec. 9.  Minnesota Statutes 1998, section 62J.75, is 
  6.29  amended to read: 
  6.30     62J.75 [CONSUMER ADVISORY BOARD.] 
  6.31     (a) The consumer advisory board consists of 18 members 
  6.32  appointed in accordance with paragraph (b).  All members must be 
  6.33  public, consumer members who: 
  6.34     (1) do not have and never had a material interest in either 
  6.35  the provision of health care services or in an activity directly 
  6.36  related to the provision of health care services, such as health 
  7.1   insurance sales or health plan administration; 
  7.2      (2) are not registered lobbyists; and 
  7.3      (3) are not currently responsible for or directly involved 
  7.4   in the purchasing of health insurance for a business or 
  7.5   organization. 
  7.6      (b) The governor, the speaker of the house of 
  7.7   representatives, and the subcommittee on committees of the 
  7.8   committee on rules and administration of the senate shall each 
  7.9   appoint six members.  Members may be compensated in accordance 
  7.10  with section 15.059, subdivision 3, except that members shall 
  7.11  not receive per diem compensation or reimbursements for child 
  7.12  care expenses. 
  7.13     (c) The board shall advise the commissioners of health and 
  7.14  commerce on the following: 
  7.15     (1) the needs of health care consumers and how to better 
  7.16  serve and educate the consumers on health care concerns and 
  7.17  recommend solutions to identified problems; and 
  7.18     (2) consumer protection issues in the self-insured market, 
  7.19  including, but not limited to, public education needs. 
  7.20     The board also may make recommendations to the legislature 
  7.21  on these issues. 
  7.22     (d) The board and this section expire June 30, 2001 1999. 
  7.23     Sec. 10.  Minnesota Statutes 1998, section 62Q.64, is 
  7.24  amended to read: 
  7.25     62Q.64 [DISCLOSURE OF EXECUTIVE COMPENSATION.] 
  7.26     (a) Each health plan company doing business in this state 
  7.27  shall annually file with the consumer advisory board created in 
  7.28  section 62J.75 commissioner of commerce: 
  7.29     (1) a copy of the health plan company's form 990 filed with 
  7.30  the federal Internal Revenue Service; or 
  7.31     (2) if the health plan company did not file a form 990 with 
  7.32  the federal Internal Revenue Service, a list of the amount and 
  7.33  recipients of the health plan company's five highest salaries, 
  7.34  including all types of compensation, in excess of $50,000. 
  7.35     (b) A filing under this section is public data under 
  7.36  section 13.03. 
  8.1      Sec. 11.  Minnesota Statutes 1998, section 145.881, 
  8.2   subdivision 2, is amended to read: 
  8.3      Subd. 2.  [DUTIES.] The advisory task force shall meet on a 
  8.4   regular basis to perform the following duties:  
  8.5      (a) review and report on the health care needs of mothers 
  8.6   and children throughout the state of Minnesota; 
  8.7      (b) review and report on the type, frequency and impact of 
  8.8   maternal and child health care services provided to mothers and 
  8.9   children under existing maternal and child health care programs, 
  8.10  including programs administered by the commissioner of health; 
  8.11     (c) establish, review, and report to the commissioner a 
  8.12  list of program guidelines and criteria which the advisory task 
  8.13  force considers essential to providing an effective maternal and 
  8.14  child health care program to low income populations and high 
  8.15  risk persons and fulfilling the purposes defined in section 
  8.16  145.88; 
  8.17     (d) review staff recommendations of the department of 
  8.18  health regarding maternal and child health grant awards before 
  8.19  the awards are made; 
  8.20     (e) make recommendations to the commissioner for the use of 
  8.21  other federal and state funds available to meet maternal and 
  8.22  child health needs; 
  8.23     (f) make recommendations to the commissioner of health on 
  8.24  priorities for funding the following maternal and child health 
  8.25  services:  (1) prenatal, delivery and postpartum care, (2) 
  8.26  comprehensive health care for children, especially from birth 
  8.27  through five years of age, (3) adolescent health services, (4) 
  8.28  family planning services, (5) preventive dental care, (6) 
  8.29  special services for chronically ill and handicapped children 
  8.30  and (7) any other services which promote the health of mothers 
  8.31  and children; and 
  8.32     (g) make recommendations to the commissioner of health on 
  8.33  the process to distribute, award and administer the maternal and 
  8.34  child health block grant funds; and 
  8.35     (h) review the measures that are used to define the 
  8.36  variables of the funding distribution formula in section 
  9.1   145.882, subdivision 4a, every two years and make 
  9.2   recommendations to the commissioner of health for changes based 
  9.3   upon principles established by the advisory task force for this 
  9.4   purpose.  
  9.5      Sec. 12.  Minnesota Statutes 1998, section 145.882, is 
  9.6   amended by adding a subdivision to read: 
  9.7      Subd. 4a.  [ALLOCATION TO COMMUNITY HEALTH BOARDS.] (a) 
  9.8   Federal maternal and child health block grant money remaining 
  9.9   after distributions made under subdivision 2 and money 
  9.10  appropriated for allocation to community health boards must be 
  9.11  allocated according to paragraphs (b) to (d) to community health 
  9.12  boards as defined in section 145A.02, subdivision 5. 
  9.13     (b) All community health boards must receive 95 percent of 
  9.14  the funding awarded to them for the 1998-1999 funding cycle.  If 
  9.15  the amount of state and federal funding available is less than 
  9.16  95 percent of the amount awarded to community health boards for 
  9.17  the 1998-1999 funding cycle, the available funding must be 
  9.18  apportioned to reflect a proportional decrease for each 
  9.19  recipient. 
  9.20     (c) The federal and state funding remaining after 
  9.21  distributions made under paragraph (b) must be allocated to each 
  9.22  community health board based on the following three variables: 
  9.23     (1) 25 percent based on the maternal and child population 
  9.24  in the area served by the community health board; 
  9.25     (2) 50 percent based on the health risk factors of the 
  9.26  maternal and child population in the area served by the 
  9.27  community health board; and 
  9.28     (3) 25 percent based on the income of the maternal and 
  9.29  child population in the area served by the community health 
  9.30  board. 
  9.31     (d) Each variable must be expressed as a city or county 
  9.32  score consisting of the city or county frequency of each 
  9.33  variable divided by the statewide frequency of the variable.  A 
  9.34  total score for each city or county jurisdiction must be 
  9.35  computed by totaling the scores of the three factors.  Each 
  9.36  community health board must be allocated an amount equal to the 
 10.1   total score obtained for the city, county, or counties in its 
 10.2   area multiplied by the amount of money available. 
 10.3      Sec. 13.  Minnesota Statutes 1998, section 145.882, 
 10.4   subdivision 7, is amended to read: 
 10.5      Subd. 7.  [USE OF BLOCK GRANT MONEY.] (a) Maternal and 
 10.6   child health block grant money allocated to a community health 
 10.7   board or community health services area under this section must 
 10.8   be used for qualified programs for high risk and low-income 
 10.9   individuals.  Block grant money must be used for programs that: 
 10.10     (1) specifically address the highest risk populations, 
 10.11  particularly low-income and minority groups with a high rate of 
 10.12  infant mortality and children with low birth weight, by 
 10.13  providing services, including prepregnancy family planning 
 10.14  services, calculated to produce measurable decreases in infant 
 10.15  mortality rates, instances of children with low birth weight, 
 10.16  and medical complications associated with pregnancy and 
 10.17  childbirth, including infant mortality, low birth rates, and 
 10.18  medical complications arising from chemical abuse by a mother 
 10.19  during pregnancy; 
 10.20     (2) specifically target pregnant women whose age, medical 
 10.21  condition, maternal history, or chemical abuse substantially 
 10.22  increases the likelihood of complications associated with 
 10.23  pregnancy and childbirth or the birth of a child with an 
 10.24  illness, disability, or special medical needs; 
 10.25     (3) specifically address the health needs of young children 
 10.26  who have or are likely to have a chronic disease or disability 
 10.27  or special medical needs, including physical, neurological, 
 10.28  emotional, and developmental problems that arise from chemical 
 10.29  abuse by a mother during pregnancy; 
 10.30     (4) provide family planning and preventive medical care for 
 10.31  specifically identified target populations, such as minority and 
 10.32  low-income teenagers, in a manner calculated to decrease the 
 10.33  occurrence of inappropriate pregnancy and minimize the risk of 
 10.34  complications associated with pregnancy and childbirth; or 
 10.35     (5) specifically address the frequency and severity of 
 10.36  childhood injuries and other child and adolescent health 
 11.1   problems in high risk target populations by providing services 
 11.2   calculated to produce measurable decreases in mortality and 
 11.3   morbidity.  However, money may be used for this purpose only if 
 11.4   the community health board's application includes program 
 11.5   components for the purposes in clauses (1) to (4) in the 
 11.6   proposed geographic service area and the total expenditure for 
 11.7   injury-related programs under this clause does not exceed ten 
 11.8   percent of the total allocation under subdivision 3. 
 11.9      (b) Maternal and child health block grant money may be used 
 11.10  for purposes other than the purposes listed in this subdivision 
 11.11  only under the following conditions:  
 11.12     (1) the community health board or community health services 
 11.13  area can demonstrate that existing programs fully address the 
 11.14  needs of the highest risk target populations described in this 
 11.15  subdivision; or 
 11.16     (2) the money is used to continue projects that received 
 11.17  funding before creation of the maternal and child health block 
 11.18  grant in 1981. 
 11.19     (c) (b) Projects that received funding before creation of 
 11.20  the maternal and child health block grant in 1981, must be 
 11.21  allocated at least the amount of maternal and child health 
 11.22  special project grant funds received in 1989, unless (1) the 
 11.23  local board of health provides equivalent alternative funding 
 11.24  for the project from another source; or (2) the local board of 
 11.25  health demonstrates that the need for the specific services 
 11.26  provided by the project has significantly decreased as a result 
 11.27  of changes in the demographic characteristics of the population, 
 11.28  or other factors that have a major impact on the demand for 
 11.29  services.  If the amount of federal funding to the state for the 
 11.30  maternal and child health block grant is decreased, these 
 11.31  projects must receive a proportional decrease as required in 
 11.32  subdivision 1.  Increases in allocation amounts to local boards 
 11.33  of health under subdivision 4 may be used to increase funding 
 11.34  levels for these projects may be continued at the discretion of 
 11.35  the community health board. 
 11.36     Sec. 14.  Minnesota Statutes 1998, section 145.885, 
 12.1   subdivision 2, is amended to read: 
 12.2      Subd. 2.  [ADDITIONAL REQUIREMENTS FOR COMMUNITY BOARDS OF 
 12.3   HEALTH.] Applications by community health boards as defined in 
 12.4   section 145A.02, subdivision 5, under section 145.882, 
 12.5   subdivision 3 4a, must also contain a summary of the process 
 12.6   used to develop the local program, including evidence that the 
 12.7   community health board notified local public and private 
 12.8   providers of the availability of funding through the community 
 12.9   health board for maternal and child health services; a list of 
 12.10  all public and private agency requests for grants submitted to 
 12.11  the community health board indicating which requests were 
 12.12  included in the grant application; and an explanation of how 
 12.13  priorities were established for selecting the requests to be 
 12.14  included in the grant application.  The community health board 
 12.15  shall include, with the grant application, a written statement 
 12.16  of the criteria to be applied to public and private agency 
 12.17  requests for funding. 
 12.18     Sec. 15.  [145.9253] [FAMILY PLANNING FUNDS RECIPIENTS 
 12.19  RESTRICTED.] 
 12.20     (a) The commissioner of health may not allocate state funds 
 12.21  that are appropriated for the provision of family planning 
 12.22  services, or for which the provision of family planning services 
 12.23  is a permitted use of the funds, to any entity that is an 
 12.24  organization or affiliate of an organization which provides 
 12.25  abortions, promotes abortions, or directly refers for abortions. 
 12.26     (b) Nondirective counseling relating to a pregnancy does 
 12.27  not disqualify an entity from receiving an allocation of funds 
 12.28  referenced in paragraph (a) from the commissioner. 
 12.29     Sec. 16.  Minnesota Statutes 1998, section 148.511, is 
 12.30  amended to read: 
 12.31     148.511 [SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS.] 
 12.32     Sections 148.511 to 148.5196 apply only to persons who are 
 12.33  applicants for registration, who are registered, who use 
 12.34  protected titles, or who represent that they are 
 12.35  registered.  Persons who engage in the practice of 
 12.36  speech-language pathology or audiology and who satisfy the 
 13.1   qualifications for registration must register under sections 
 13.2   148.511 to 148.5196.  Sections 148.511 to 148.5196 do not apply 
 13.3   to school personnel licensed by the board of teaching 
 13.4   under Minnesota Rules, part 8700.5505 section 122A.28, provided 
 13.5   that school personnel practicing within the scope of their 
 13.6   licensed occupation preface titles protected under section 
 13.7   148.513 with the words "school" or "educational." 
 13.8      Sec. 17.  Minnesota Statutes 1998, section 148.515, 
 13.9   subdivision 3, is amended to read: 
 13.10     Subd. 3.  [SUPERVISED CLINICAL TRAINING REQUIRED.] (a) An 
 13.11  applicant must complete at least 375 hours of supervised 
 13.12  clinical training as a student that meets the requirements of 
 13.13  paragraphs (b) to (f).  
 13.14     (b) The supervised clinical training must be provided by 
 13.15  the educational institution or by one of its cooperating 
 13.16  programs.  
 13.17     (c) The first 25 hours of the supervised clinical training 
 13.18  must be spent in clinical observation.  Those 25 hours must 
 13.19  concern the evaluation and treatment of children and adults with 
 13.20  disorders of speech, language, or hearing.  
 13.21     (d) All applicants must complete at least 350 hours of 
 13.22  supervised clinical training that concern the evaluation and 
 13.23  treatment of children and adults with disorders of speech, 
 13.24  language, and hearing.  At least 250 of the 350 hours must be at 
 13.25  the graduate level in the area in which registration is sought.  
 13.26  At least 50 hours must be spent in each of three types of 
 13.27  clinical settings including, but not limited to, university 
 13.28  clinics, hospitals, private clinics, and schools, including 
 13.29  secondary and elementary.  
 13.30     (e) An applicant seeking registration as a speech-language 
 13.31  pathologist must: 
 13.32     (1) obtain 250 of the 350 supervised hours in 
 13.33  speech-language pathology; 
 13.34     (2) complete a minimum of 20 hours of the 250 hours in each 
 13.35  of the following eight categories: 
 13.36     (i) evaluation:  speech disorders in children; 
 14.1      (ii) evaluation:  speech disorders in adults; 
 14.2      (iii) evaluation:  language disorders in children; 
 14.3      (iv) evaluation:  language disorders in adults; 
 14.4      (v) treatment:  speech disorders in children; 
 14.5      (vi) treatment:  speech disorders in adults; 
 14.6      (vii) treatment:  language disorders in children; and 
 14.7      (viii) treatment:  language disorders in adults; 
 14.8      (3) complete a minimum of 35 hours in audiology including:  
 14.9      (i) 15 hours in the evaluation or screening of individuals 
 14.10  with hearing disorders; and 
 14.11     (ii) 15 hours in habilitation or rehabilitation of 
 14.12  individuals with hearing impairment 20 of the 350 hours in 
 14.13  audiology; and 
 14.14     (4) obtain no more than 20 hours in the major professional 
 14.15  area that are in related disorders.  
 14.16     (f) An applicant seeking registration as an audiologist 
 14.17  must: 
 14.18     (1) obtain 250 of the 350 hours in audiology; 
 14.19     (2) complete a minimum of 40 hours in each of the following 
 14.20  four categories 40 of the 250 hours in each of the first two of 
 14.21  the following categories, complete at least 80 hours in 
 14.22  categories (iii) and (iv), with at least ten hours in each of 
 14.23  categories (i) to (iv), and complete at least 20 hours in 
 14.24  category (v): 
 14.25     (i) evaluation:  hearing in children; 
 14.26     (ii) evaluation:  hearing in adults; 
 14.27     (iii) selection and use:  amplification and assistive 
 14.28  devices for children; and 
 14.29     (iv) selection and use:  amplification and assistive 
 14.30  devices for adults; and 
 14.31     (v) treatment:  hearing disorders in children and adults; 
 14.32     (3) complete a minimum of 20 hours in the category of the 
 14.33  treatment of hearing disorders in children and adults; 
 14.34     (4) complete a minimum of 35 hours 20 of the 350 hours in 
 14.35  speech-language pathology unrelated to hearing impairment as 
 14.36  follows:  
 15.1      (i) 15 hours in evaluation or screening; and 
 15.2      (ii) 15 hours in treatment; and 
 15.3      (5) (4) obtain no more than 20 hours in the major 
 15.4   professional area that are in related disorders.  
 15.5      Sec. 18.  Minnesota Statutes 1998, section 148.517, is 
 15.6   amended by adding a subdivision to read: 
 15.7      Subd. 4.  [TEMPORARY REGISTRATION.] (a) The commissioner 
 15.8   shall issue temporary registration as a speech-language 
 15.9   pathologist, an audiologist, or both, to applicants who have 
 15.10  applied for registration under this section and meet the 
 15.11  following requirements: 
 15.12     (1) submit a signed and dated affidavit stating that the 
 15.13  applicant is not the subject of a disciplinary action or past 
 15.14  disciplinary action in this or another jurisdiction and is not 
 15.15  disqualified on the basis of section 148.5195, subdivision 3; 
 15.16  and 
 15.17     (2) either: 
 15.18     (i) provide a copy of a current credential as a 
 15.19  speech-language pathologist, an audiologist, or both, held in 
 15.20  the District of Columbia or a state or territory of the United 
 15.21  States; or 
 15.22     (ii) provide a copy of a current certificate of clinical 
 15.23  competence issued by the American Speech-Language-Hearing 
 15.24  Association or its equivalent. 
 15.25     (b) A temporary registration issued to a person under this 
 15.26  subdivision expires 90 days after it is issued or on the date 
 15.27  the commissioner grants or denies registration, whichever occurs 
 15.28  first.  
 15.29     (c) Upon application for renewal, a temporary registration 
 15.30  shall be renewed once to a person who is able to demonstrate 
 15.31  good cause for failure to meet the requirements for registration 
 15.32  within the initial temporary registration period and who is not 
 15.33  the subject of a disciplinary action or disqualified on the 
 15.34  basis of section 148.5195, subdivision 3. 
 15.35     Sec. 19.  Minnesota Statutes 1998, section 148B.60, 
 15.36  subdivision 3, is amended to read: 
 16.1      Subd. 3.  [UNLICENSED MENTAL HEALTH PRACTITIONER OR 
 16.2   PRACTITIONER.] "Unlicensed mental health practitioner" or 
 16.3   "practitioner" means a person who provides or purports to 
 16.4   provide, for remuneration, mental health services as defined in 
 16.5   subdivision 4.  It does not include persons licensed by the 
 16.6   board of medical practice under chapter 147 or registered by the 
 16.7   board of medical practice under chapter 147A; the board of 
 16.8   nursing under sections 148.171 to 148.285; the board of 
 16.9   psychology under sections 148.88 to 148.98; the board of social 
 16.10  work under sections 148B.18 to 148B.289; the board of marriage 
 16.11  and family therapy under sections 148B.29 to 148B.39; or another 
 16.12  licensing board if the person is practicing within the scope of 
 16.13  the license; or members of the clergy who are providing pastoral 
 16.14  services in the context of performing and fulfilling the 
 16.15  salaried duties and obligations required of a member of the 
 16.16  clergy by a religious congregation; American Indian medicine men 
 16.17  and women; licensed attorneys; probation officers; school 
 16.18  counselors employed by a school district while acting within the 
 16.19  scope of employment as school counselors; registered 
 16.20  occupational therapists; or occupational therapy assistants.  
 16.21  For the purposes of complaint investigation or disciplinary 
 16.22  action relating to an individual practitioner, the term includes:
 16.23     (1) persons employed by a program licensed by the 
 16.24  commissioner of human services who are acting as mental health 
 16.25  practitioners within the scope of their employment; 
 16.26     (2) persons employed by a program licensed by the 
 16.27  commissioner of human services who are providing chemical 
 16.28  dependency counseling services; persons who are providing 
 16.29  chemical dependency counseling services in private practice; and 
 16.30     (3) clergy who are providing mental health services that 
 16.31  are equivalent to those defined in subdivision 4. 
 16.32     Sec. 20.  Minnesota Statutes 1998, section 148B.68, 
 16.33  subdivision 1, is amended to read: 
 16.34     Subdivision 1.  [PROHIBITED CONDUCT.] The commissioner may 
 16.35  impose disciplinary action as described in section 148B.69 
 16.36  against any unlicensed mental health practitioner.  The 
 17.1   following conduct is prohibited and is grounds for disciplinary 
 17.2   action: 
 17.3      (a) Conviction of a crime, including a finding or verdict 
 17.4   of guilt, an admission of guilt, or a no contest plea, in any 
 17.5   court in Minnesota or any other jurisdiction in the United 
 17.6   States, reasonably related to the provision of mental health 
 17.7   services.  Conviction, as used in this subdivision, includes a 
 17.8   conviction of an offense which, if committed in this state, 
 17.9   would be deemed a felony or gross misdemeanor without regard to 
 17.10  its designation elsewhere, or a criminal proceeding where a 
 17.11  finding or verdict of guilty is made or returned but the 
 17.12  adjudication of guilt is either withheld or not entered. 
 17.13     (b) Conviction of crimes against persons.  For purposes of 
 17.14  this chapter, a crime against a person means violations of the 
 17.15  following:  sections 609.185; 609.19; 609.195; 609.20; 609.205; 
 17.16  609.21; 609.215; 609.221; 609.222; 609.223; 609.224; 609.2242; 
 17.17  609.23; 609.231; 609.2325; 609.233; 609.2335; 609.235; 609.24; 
 17.18  609.245; 609.25; 609.255; 609.26, subdivision 1, clause (1) or 
 17.19  (2); 609.265; 609.342; 609.343; 609.344; 609.345; 609.365; 
 17.20  609.498, subdivision 1; 609.50, clause (1); 609.561; 609.562; 
 17.21  609.595; and 609.72, subdivision 3. 
 17.22     (c) Failure to comply with the self-reporting requirements 
 17.23  of section 148B.63, subdivision 7. 
 17.24     (d) Engaging in sexual contact with a client or former 
 17.25  client as defined in section 148A.01, or engaging in contact 
 17.26  that may be reasonably interpreted by a client as sexual, or 
 17.27  engaging in any verbal behavior that is seductive or sexually 
 17.28  demeaning to the patient, or engaging in sexual exploitation of 
 17.29  a client or former client. 
 17.30     (e) Advertising that is false, fraudulent, deceptive, or 
 17.31  misleading. 
 17.32     (f) Conduct likely to deceive, defraud, or harm the public; 
 17.33  or demonstrating a willful or careless disregard for the health, 
 17.34  welfare, or safety of a client; or any other practice that may 
 17.35  create unnecessary danger to any client's life, health, or 
 17.36  safety, in any of which cases, proof of actual injury need not 
 18.1   be established. 
 18.2      (g) Adjudication as mentally incompetent, or as a person 
 18.3   who is dangerous to self, or adjudication pursuant to chapter 
 18.4   253B, as chemically dependent, mentally ill, mentally retarded, 
 18.5   mentally ill and dangerous to the public, or as a sexual 
 18.6   psychopathic personality or sexually dangerous person. 
 18.7      (h) Inability to provide mental health services with 
 18.8   reasonable safety to clients. 
 18.9      (i) The habitual overindulgence in the use of or the 
 18.10  dependence on intoxicating liquors. 
 18.11     (j) Improper or unauthorized personal or other use of any 
 18.12  legend drugs as defined in chapter 151, any chemicals as defined 
 18.13  in chapter 151, or any controlled substance as defined in 
 18.14  chapter 152. 
 18.15     (k) Revealing a communication from, or relating to, a 
 18.16  client except when otherwise required or permitted by law. 
 18.17     (l) Failure to comply with a client's request made under 
 18.18  section 144.335, or to furnish a client record or report 
 18.19  required by law. 
 18.20     (m) Splitting fees or promising to pay a portion of a fee 
 18.21  to any other professional other than for services rendered by 
 18.22  the other professional to the client. 
 18.23     (n) Engaging in abusive or fraudulent billing practices, 
 18.24  including violations of the federal Medicare and Medicaid laws 
 18.25  or state medical assistance laws. 
 18.26     (o) Failure to make reports as required by section 148B.63, 
 18.27  or cooperate with an investigation of the office. 
 18.28     (p) Obtaining money, property, or services from a client, 
 18.29  other than reasonable fees for services provided to the client, 
 18.30  through the use of undue influence, harassment, duress, 
 18.31  deception, or fraud. 
 18.32     (q) Undertaking or continuing a professional relationship 
 18.33  with a client in which the objectivity of the professional would 
 18.34  be impaired. 
 18.35     (r) Failure to provide the client with a copy of the client 
 18.36  bill of rights or violation of any provision of the client bill 
 19.1   of rights. 
 19.2      (s) Violating any order issued by the commissioner. 
 19.3      (t) Failure to comply with sections 148B.60 to 148B.71, and 
 19.4   the rules adopted under those sections. 
 19.5      (u) Failure to comply with any additional disciplinary 
 19.6   grounds established by the commissioner by rule. 
 19.7      (v) Revocation, suspension, restriction, limitation, or 
 19.8   other disciplinary action against the mental health 
 19.9   practitioner's license, certificate, registration, or right of 
 19.10  practice in this or another state or jurisdiction, for offenses 
 19.11  that would be subject to disciplinary action in this state, or 
 19.12  failure to report to the office of mental health practice that 
 19.13  charges regarding the practitioner's license, certificate, 
 19.14  registration, or right of practice have been brought in this or 
 19.15  another state or jurisdiction. 
 19.16     (w) Bartering for services with a client. 
 19.17     Sec. 21.  Minnesota Statutes 1998, section 148B.69, is 
 19.18  amended by adding a subdivision to read: 
 19.19     Subd. 7.  [RELEASE TO OBTAIN NONPUBLIC DATA.] An unlicensed 
 19.20  mental health practitioner who is the subject of an 
 19.21  investigation must sign a release authorizing the commissioner 
 19.22  to obtain criminal conviction data, reports about abuse or 
 19.23  neglect of clients, and other information pertaining to 
 19.24  investigations of violations of statute or rules from the bureau 
 19.25  of criminal apprehension, the Federal Bureau of Investigation, 
 19.26  the department of human services, the office of health 
 19.27  facilities complaints, private certification organizations, 
 19.28  county social service agencies, the division of driver and 
 19.29  vehicle services in the department of public safety, adult 
 19.30  protection services, child protection services, and other 
 19.31  agencies that regulate provision of health care services.  After 
 19.32  the commissioner gives written notice to an individual who is 
 19.33  the subject of an investigation, the agencies shall assist the 
 19.34  commissioner with the investigation by giving the commissioner 
 19.35  the requested data. 
 19.36     Sec. 22.  Minnesota Statutes 1998, section 148B.71, 
 20.1   subdivision 1, is amended to read: 
 20.2      Subdivision 1.  [SCOPE.] All unlicensed mental health 
 20.3   practitioners other than those providing services in a facility 
 20.4   regulated under section 144.651 or a government agency or 
 20.5   program licensed by the commissioner of health or the 
 20.6   commissioner of human services shall provide to each client 
 20.7   prior to providing treatment a written copy of the mental health 
 20.8   client bill of rights.  A copy must also be posted in a 
 20.9   prominent location in the office of the mental health 
 20.10  practitioner.  Reasonable accommodations shall be made for those 
 20.11  clients who cannot read or who have communication impairments 
 20.12  and those who do not read or speak English.  The mental health 
 20.13  client bill of rights shall include the following: 
 20.14     (a) the name, title, business address, and telephone number 
 20.15  of the practitioner; 
 20.16     (b) the degrees, training, experience, or other 
 20.17  qualifications of the practitioner, followed by the following 
 20.18  statement in bold print: 
 20.19     "THE STATE OF MINNESOTA HAS NOT ADOPTED UNIFORM EDUCATIONAL 
 20.20  AND TRAINING STANDARDS FOR ALL MENTAL HEALTH PRACTITIONERS.  
 20.21  THIS STATEMENT OF CREDENTIALS IS FOR INFORMATION PURPOSES ONLY." 
 20.22     (c) the name, business address, and telephone number of the 
 20.23  practitioner's supervisor, if any; 
 20.24     (d) notice that a client has the right to file a complaint 
 20.25  with the practitioner's supervisor, if any, and the procedure 
 20.26  for filing complaints; 
 20.27     (e) the name, address, and telephone number of the office 
 20.28  of mental health practice and notice that a client may file 
 20.29  complaints with the office; 
 20.30     (f) the practitioner's fees per unit of service, the 
 20.31  practitioner's method of billing for such fees, the names of any 
 20.32  insurance companies that have agreed to reimburse the 
 20.33  practitioner, or health maintenance organizations with whom the 
 20.34  practitioner contracts to provide service, whether the 
 20.35  practitioner accepts Medicare, medical assistance, or general 
 20.36  assistance medical care, and whether the practitioner is willing 
 21.1   to accept partial payment, or to waive payment, and in what 
 21.2   circumstances; 
 21.3      (g) a statement that the client has a right to reasonable 
 21.4   notice of changes in services or charges; 
 21.5      (h) a brief summary, in plain language, of the theoretical 
 21.6   approach used by the practitioner in treating patients; 
 21.7      (i) notice that the client has a right to complete and 
 21.8   current information concerning the practitioner's assessment and 
 21.9   recommended course of treatment, including the expected duration 
 21.10  of treatment; 
 21.11     (j) a statement that clients may expect courteous treatment 
 21.12  and to be free from verbal, physical, or sexual abuse by the 
 21.13  practitioner; 
 21.14     (k) a statement that client records and transactions with 
 21.15  the practitioner are confidential, unless release of these 
 21.16  records is authorized in writing by the client, or otherwise 
 21.17  provided by law; 
 21.18     (l) a statement of the client's right to be allowed access 
 21.19  to records and written information from records in accordance 
 21.20  with section 144.335; 
 21.21     (m) a statement that other services may be available in the 
 21.22  community, including where information concerning services is 
 21.23  available; 
 21.24     (n) a statement that the client has the right to choose 
 21.25  freely among available practitioners, and to change 
 21.26  practitioners after services have begun, within the limits of 
 21.27  health insurance, medical assistance, or other health programs; 
 21.28     (o) a statement that the client has a right to coordinated 
 21.29  transfer when there will be a change in the provider of 
 21.30  services; 
 21.31     (p) a statement that the client may refuse services or 
 21.32  treatment, unless otherwise provided by law; and 
 21.33     (q) a statement that the client may assert the client's 
 21.34  rights without retaliation. 
 21.35     Sec. 23.  Minnesota Statutes 1998, section 148C.01, 
 21.36  subdivision 2, is amended to read: 
 22.1      Subd. 2.  [ALCOHOL AND DRUG COUNSELOR.] "Alcohol and drug 
 22.2   counselor" or "counselor" means a person who: 
 22.3      (1) uses, as a representation to the public, any title, 
 22.4   initials, or description of services incorporating the words 
 22.5   "alcohol and drug counselor"; 
 22.6      (2) offers to render professional alcohol and drug 
 22.7   counseling services relative to the abuse of or the dependency 
 22.8   on alcohol or other drugs to the general public or groups, 
 22.9   organizations, corporations, institutions, or government 
 22.10  agencies for compensation, implying that the person is licensed 
 22.11  and trained, experienced or expert in alcohol and drug 
 22.12  counseling; 
 22.13     (3) holds a valid license issued under sections 148C.01 to 
 22.14  148C.11 to engage in the practice of alcohol and drug 
 22.15  counseling; or 
 22.16     (4) is an applicant for an alcohol and drug counseling 
 22.17  license.  
 22.18     Sec. 24.  Minnesota Statutes 1998, section 148C.01, 
 22.19  subdivision 7, is amended to read: 
 22.20     Subd. 7.  [ACCREDITED SCHOOL OR EDUCATIONAL PROGRAM.] 
 22.21  "Accredited school or educational program" means a school of 
 22.22  alcohol and drug counseling, university, college, or other 
 22.23  post-secondary education program that offers no less than the 
 22.24  required number of education and practicum hours as described in 
 22.25  section 148C.04, subdivision 3, and the core functions as 
 22.26  defined in subdivision 9, and that, at the time the student 
 22.27  completes the program, is accredited by a regional accrediting 
 22.28  association whose standards are substantially equivalent to 
 22.29  those of the North Central Association of Colleges and 
 22.30  Post-Secondary Education Institutions or an accrediting 
 22.31  association that evaluates schools of alcohol and drug 
 22.32  counseling for inclusion of the education, practicum, and core 
 22.33  function standards in this chapter.  
 22.34     Sec. 25.  Minnesota Statutes 1998, section 148C.01, 
 22.35  subdivision 9, is amended to read: 
 22.36     Subd. 9.  [CORE FUNCTIONS.] "Core functions" means the 
 23.1   following services provided in alcohol and drug dependency 
 23.2   treatment:  
 23.3      (1) "Screening" means the process by which a client is 
 23.4   determined appropriate and eligible for admission to a 
 23.5   particular program. 
 23.6      (2) "Intake" means the administrative and initial 
 23.7   assessment procedures for admission to a program. 
 23.8      (3) "Orientation" means describing to the client the 
 23.9   general nature and goals of the program; rules governing client 
 23.10  conduct and infractions that can lead to disciplinary action or 
 23.11  discharge from the program; in a nonresidential program, the 
 23.12  hours during which services are available; treatment costs to be 
 23.13  borne by the client, if any; and client's rights. 
 23.14     (4) "Assessment" means those procedures by which a 
 23.15  counselor identifies and evaluates an individual's strengths, 
 23.16  weaknesses, problems, and needs for the development of the to 
 23.17  develop a treatment plan or make recommendations for level of 
 23.18  care placement. 
 23.19     (5) "Treatment planning" means the process by which the 
 23.20  counselor and the client identify and rank problems needing 
 23.21  resolution; establish agreed upon immediate and long-term goals; 
 23.22  and decide on a treatment process and the sources to be utilized.
 23.23     (6) "Counseling" means the utilization of special skills to 
 23.24  assist individuals, families, or groups in achieving objectives 
 23.25  through exploration of a problem and its ramifications; 
 23.26  examination of attitudes and feelings; consideration of 
 23.27  alternative solutions; and decision making. 
 23.28     (7) "Case management" means activities which bring 
 23.29  services, agencies, resources, or people together within a 
 23.30  planned framework of action toward the achievement of 
 23.31  established goals. 
 23.32     (8) "Crisis intervention" means those services which 
 23.33  respond to an alcohol or other drug user's needs during acute 
 23.34  emotional or physical distress. 
 23.35     (9) "Client education" means the provision of information 
 23.36  to clients who are receiving or seeking counseling concerning 
 24.1   alcohol and other drug abuse and the available services and 
 24.2   resources. 
 24.3      (10) "Referral" means identifying the needs of the client 
 24.4   which cannot be met by the counselor or agency and assisting the 
 24.5   client to utilize the support systems and available community 
 24.6   resources. 
 24.7      (11) "Reports and recordkeeping" means charting the results 
 24.8   of the assessment and treatment plan, writing reports, progress 
 24.9   notes, discharge summaries, and other client-related data. 
 24.10     (12) "Consultation with other professionals regarding 
 24.11  client treatment and services" means communicating with other 
 24.12  professionals in regard to client treatment and services to 
 24.13  assure comprehensive, quality care for the client. 
 24.14     Sec. 26.  Minnesota Statutes 1998, section 148C.01, 
 24.15  subdivision 10, is amended to read: 
 24.16     Subd. 10.  [PRACTICE OF ALCOHOL AND DRUG COUNSELING.] 
 24.17  "Practice of alcohol and drug counseling" means the observation, 
 24.18  description, evaluation, interpretation, and modification of 
 24.19  human behavior as it relates to the harmful or pathological use 
 24.20  or abuse of alcohol or other drugs by the application of the 
 24.21  core functions.  The practice of alcohol and drug counseling 
 24.22  includes, but is not limited to, the following activities, 
 24.23  regardless of whether the counselor receives compensation for 
 24.24  the activities: 
 24.25     (1) assisting clients who use alcohol or drugs, evaluating 
 24.26  that use, and recognizing dependency if it exists; 
 24.27     (2) assisting clients with alcohol or other drug problems 
 24.28  to gain insight and motivation aimed at resolving those 
 24.29  problems; 
 24.30     (3) providing experienced professional guidance, 
 24.31  assistance, and support for the client's efforts to develop and 
 24.32  maintain a responsible functional lifestyle; 
 24.33     (4) recognizing problems outside the scope of the 
 24.34  counselor's training, skill, or competence and referring the 
 24.35  client to other appropriate professional services; 
 24.36     (5) assessing the level of alcohol or other drug use 
 25.1   involvement; 
 25.2      (6) individual planning to prevent a return to harmful 
 25.3   alcohol or chemical use; 
 25.4      (7) alcohol and other drug abuse education for clients; 
 25.5      (8) consultation with other professionals; and 
 25.6      (9) gaining cultural competence through ongoing training 
 25.7   and education according to standards established by rule; and 
 25.8      (10) providing the above services, as needed, to family 
 25.9   members or others who are directly affected by someone using 
 25.10  alcohol or other drugs. 
 25.11     Sec. 27.  Minnesota Statutes 1998, section 148C.01, is 
 25.12  amended by adding a subdivision to read: 
 25.13     Subd. 18.  [PSYCHOMETRICALLY VALID AND 
 25.14  RELIABLE.] "Psychometrically valid and reliable" means developed 
 25.15  on the basis of role delineation, validation, reliability, 
 25.16  passing point, and sensitivity review factors, according to 
 25.17  generally accepted standards. 
 25.18     Sec. 28.  Minnesota Statutes 1998, section 148C.03, 
 25.19  subdivision 1, is amended to read: 
 25.20     Subdivision 1.  [GENERAL.] The commissioner shall, after 
 25.21  consultation with the advisory council or a committee 
 25.22  established by rule: 
 25.23     (a) adopt and enforce rules for licensure of alcohol and 
 25.24  drug counselors, including establishing standards and methods of 
 25.25  determining whether applicants and licensees are qualified under 
 25.26  section 148C.04.  The rules must provide for examinations and 
 25.27  establish standards for the regulation of professional conduct.  
 25.28  The rules must be designed to protect the public; 
 25.29     (b) develop and, at least twice a year, administer an 
 25.30  examination to assess applicants' knowledge and skills.  The 
 25.31  commissioner may contract for the administration of an 
 25.32  examination approved by the International Certification 
 25.33  Reciprocity Consortium/Alcohol and Other Drug Abuse 
 25.34  (ICRC/AODA) with an entity designated by the commissioner.  The 
 25.35  examinations must be psychometrically valid and reliable; must 
 25.36  be written and oral, with the oral examination based on a 
 26.1   written case presentation; must minimize cultural bias,; and 
 26.2   must be balanced in various theories relative to the practice of 
 26.3   alcohol and drug counseling; 
 26.4      (c) issue licenses to individuals qualified under sections 
 26.5   148C.01 to 148C.11; 
 26.6      (d) issue copies of the rules for licensure to all 
 26.7   applicants; 
 26.8      (e) adopt rules to establish and implement procedures, 
 26.9   including a standard disciplinary process and rules of 
 26.10  professional conduct; 
 26.11     (f) carry out disciplinary actions against licensees; 
 26.12     (g) establish, with the advice and recommendations of the 
 26.13  advisory council, written internal operating procedures for 
 26.14  receiving and investigating complaints and for taking 
 26.15  disciplinary actions as appropriate; 
 26.16     (h) educate the public about the existence and content of 
 26.17  the rules for alcohol and drug counselor licensing to enable 
 26.18  consumers to file complaints against licensees who may have 
 26.19  violated the rules; 
 26.20     (i) evaluate the rules in order to refine and improve the 
 26.21  methods used to enforce the commissioner's standards; 
 26.22     (j) set, collect, and adjust license fees for alcohol and 
 26.23  drug counselors so that the total fees collected will as closely 
 26.24  as possible equal anticipated expenditures during the biennium, 
 26.25  as provided in section 16A.1285; fees for initial and renewal 
 26.26  application and examinations; late fees for counselors who 
 26.27  submit license renewal applications after the renewal deadline; 
 26.28  and a surcharge fee.  The surcharge fee must include an amount 
 26.29  necessary to recover, over a five-year period, the 
 26.30  commissioner's direct expenditures for the adoption of the rules 
 26.31  providing for the licensure of alcohol and drug counselors.  All 
 26.32  fees received shall be deposited in the state treasury and 
 26.33  credited to the special revenue fund; and 
 26.34     (k) prepare reports on activities related to the licensure 
 26.35  of alcohol and drug counselors according to this subdivision by 
 26.36  October 1 of each even-numbered year.  Copies of the reports 
 27.1   shall be delivered to the legislature in accordance with section 
 27.2   3.195 and to the governor.  The reports shall contain the 
 27.3   following information on the commissioner's activities relating 
 27.4   to the licensure of alcohol and drug counselors, for the 
 27.5   two-year period ending the previous June 30: 
 27.6      (1) a general statement of the activities; 
 27.7      (2) the number of staff hours spent on the activities; 
 27.8      (3) the receipts and disbursements of funds; 
 27.9      (4) the names of advisory council members and their 
 27.10  addresses, occupations, and dates of appointment and 
 27.11  reappointment; 
 27.12     (5) the names and job classifications of employees; 
 27.13     (6) a brief summary of rules proposed or adopted during the 
 27.14  reporting period with appropriate citations to the State 
 27.15  Register and published rules; 
 27.16     (7) the number of persons having each type of license 
 27.17  issued by the commissioner as of June 30 in the year of the 
 27.18  report; 
 27.19     (8) the locations and dates of the administration of 
 27.20  examinations by the commissioner; 
 27.21     (9) the number of persons examined by the commissioner with 
 27.22  the persons subdivided into groups showing age categories, sex, 
 27.23  and states of residency; 
 27.24     (10) the number of persons licensed by the commissioner 
 27.25  after taking the examinations referred to in clause (8) with the 
 27.26  persons subdivided by age categories, sex, and states of 
 27.27  residency; 
 27.28     (11) the number of persons not licensed by the commissioner 
 27.29  after taking the examinations referred to in clause (8) with the 
 27.30  persons subdivided by age categories, sex, and states of 
 27.31  residency; 
 27.32     (12) the number of persons not taking the examinations 
 27.33  referred to in clause (8) who were licensed by the commissioner 
 27.34  or who were denied licensing, the reasons for the licensing or 
 27.35  denial, and the persons subdivided by age categories, sex, and 
 27.36  states of residency; 
 28.1      (13) the number of persons previously licensed by the 
 28.2   commissioner whose licenses were revoked, suspended, or 
 28.3   otherwise altered in status with brief statements of the reasons 
 28.4   for the revocation, suspension, or alteration; 
 28.5      (14) the number of written and oral complaints and other 
 28.6   communications received by the commissioner which allege or 
 28.7   imply a violation of a statute or rule which the commissioner is 
 28.8   empowered to enforce; 
 28.9      (15) a summary, by specific category, of the substance of 
 28.10  the complaints and communications referred to in clause (14) 
 28.11  and, for each specific category, the responses or dispositions; 
 28.12  and 
 28.13     (16) any other objective information which the commissioner 
 28.14  believes will be useful in reviewing the commissioner's 
 28.15  activities. 
 28.16     Sec. 29.  Minnesota Statutes 1998, section 148C.04, is 
 28.17  amended by adding a subdivision to read: 
 28.18     Subd. 6.  [TEMPORARY PRACTICE REQUIREMENTS.] (a) A person 
 28.19  may temporarily practice alcohol and drug counseling prior to 
 28.20  being licensed under this chapter if the person: 
 28.21     (1) either: 
 28.22     (i) meets the associate degree education and practicum 
 28.23  requirements of subdivision 3, clause (1); or 
 28.24     (ii) meets the bachelor degree education and practicum 
 28.25  requirements of subdivision 4, clause (1), item (i); 
 28.26     (2) within 60 days of meeting the requirements of 
 28.27  subdivision 3, clause (1), or subdivision 4, clause (1), item 
 28.28  (i), requests, in writing, temporary practice status with the 
 28.29  commissioner on application forms according to section 
 28.30  148C.0351, which include the nonrefundable license fee and an 
 28.31  affirmation by the person's supervisor, as defined in paragraph 
 28.32  (b), clause (1), and which are signed and dated by the person 
 28.33  and the person's supervisor; 
 28.34     (3) has not been disqualified to practice temporarily on 
 28.35  the basis of a background investigation under section 148C.09, 
 28.36  subdivision 1a; and 
 29.1      (4) has been notified in writing by the commissioner that 
 29.2   the person is qualified to practice under this subdivision. 
 29.3      (b) A person practicing under this subdivision: 
 29.4      (1) may practice only in a program licensed by the 
 29.5   department of human services and under the direct, on-site 
 29.6   supervision of a person who is licensed under this chapter and 
 29.7   employed in that licensed program; 
 29.8      (2) is subject to the rules of professional conduct set by 
 29.9   rule; 
 29.10     (3) is not subject to the continuing education requirements 
 29.11  of section 148C.05; and 
 29.12     (4) must be licensed according to this chapter within 12 
 29.13  months of meeting the requirements of subdivision 3, clause (1), 
 29.14  or subdivision 4, clause (1), item (i). 
 29.15     (c) Upon written request, the commissioner may extend a 
 29.16  person's temporary status if the person practices in a program 
 29.17  described in section 148C.11, subdivision 3, paragraph (b), 
 29.18  clause (2). 
 29.19     (d) A person practicing under this subdivision may not hold 
 29.20  himself or herself out to the public by any title or description 
 29.21  stating or implying that the person is licensed to engage in the 
 29.22  practice of alcohol and drug counseling. 
 29.23     Sec. 30.  Minnesota Statutes 1998, section 148C.04, is 
 29.24  amended by adding a subdivision to read: 
 29.25     Subd. 7.  [EFFECT AND SUSPENSION OF TEMPORARY 
 29.26  PRACTICE.] Approval of a person's application for temporary 
 29.27  practice creates no rights to or expectation of approval from 
 29.28  the commissioner for licensure as an alcohol and drug 
 29.29  counselor.  The commissioner may suspend or restrict a person's 
 29.30  temporary practice status according to section 148C.09. 
 29.31     Sec. 31.  Minnesota Statutes 1998, section 148C.06, 
 29.32  subdivision 1, is amended to read: 
 29.33     Subdivision 1.  [QUALIFICATIONS.] For two years from the 
 29.34  effective date of the rules authorized in section 148C.03, 
 29.35  subdivision 1, the commissioner shall issue a license to an 
 29.36  applicant if the applicant meets one of the following 
 30.1   qualifications:  
 30.2      (a) is credentialed as a certified chemical dependency 
 30.3   counselor (CCDC) or certified chemical dependency counselor 
 30.4   reciprocal (CCDCR) by the Institute for Chemical Dependency 
 30.5   Professionals of Minnesota, Inc.; graduates from an accredited 
 30.6   school or education program with a certificate of completion in 
 30.7   alcohol and drug counselor studies that includes a minimum of 
 30.8   270 clock hours of formal classroom education and 880 clock 
 30.9   hours of alcohol and drug counselor internship and passes both 
 30.10  the written and oral examinations according to this chapter; or 
 30.11  has 2,080 hours of supervised alcohol and drug counselor 
 30.12  experience, 270 clock hours of alcohol and drug counselor 
 30.13  training with a minimum of 60 hours of the training occurring 
 30.14  within the past five years, and 300 hours of alcohol and drug 
 30.15  counselor internship and successfully completes the examination 
 30.16  requirements in section 148C.04, subdivision 3, clauses (2) and 
 30.17  (3); 
 30.18     (b) has 6,000 hours of supervised alcohol and drug 
 30.19  counselor experience as defined by the core functions, 270 clock 
 30.20  hours of alcohol and drug counselor training with a minimum of 
 30.21  60 hours of this training occurring within the past five years, 
 30.22  300 hours of alcohol and drug counselor internship, and has 
 30.23  successfully completed the examination requirements in section 
 30.24  148C.04, subdivision 3, clauses (2) and (3); 
 30.25     (c) has 10,000 hours of supervised alcohol and drug 
 30.26  counselor experience as defined by the core functions, 270 clock 
 30.27  hours of alcohol and drug training with a minimum of 60 hours of 
 30.28  this training occurring within the past five years, and has 
 30.29  successfully completed the requirements in section 148C.04, 
 30.30  subdivision 3, clause (2) or (3), or is credentialed as a 
 30.31  certified chemical dependency practitioner (CCDP) by the 
 30.32  Institute for Chemical Dependency Professionals of Minnesota, 
 30.33  Inc.; or 
 30.34     (d) has 14,000 hours of supervised alcohol and drug 
 30.35  counselor experience as defined by the core functions and 270 
 30.36  clock hours of alcohol and drug training with a minimum of 60 
 31.1   hours of this training occurring within the past five years; or 
 31.2      (e) has met the special licensing criteria established 
 31.3   pursuant to section 148C.11.  
 31.4      Sec. 32.  Minnesota Statutes 1998, section 148C.09, 
 31.5   subdivision 1, is amended to read: 
 31.6      Subdivision 1.  [GROUNDS.] The commissioner may refuse to 
 31.7   grant a license to, or may suspend, revoke, or restrict the 
 31.8   license of an individual if the commissioner determines that a 
 31.9   licensee or applicant:  
 31.10     (1) is incompetent to engage in alcohol and drug counseling 
 31.11  practice or is found to be engaged in alcohol and drug 
 31.12  counseling practice in a manner harmful or dangerous to a client 
 31.13  or the public; 
 31.14     (2) has violated the rules of the commissioner or the 
 31.15  statutes the commissioner is empowered to enforce; or any law, 
 31.16  rule order, stipulation and consent order, agreement, or 
 31.17  settlement; 
 31.18     (3) has obtained or attempted to obtain a license or 
 31.19  license renewal by bribery or fraudulent misrepresentation; 
 31.20     (4) has knowingly made a false statement on the form 
 31.21  required to be submitted to the commissioner for licensing or 
 31.22  license renewal; 
 31.23     (5) has failed to obtain continuing education credits 
 31.24  required by the commissioner; 
 31.25     (6) has failed to demonstrate the qualifications or satisfy 
 31.26  the requirements for a license contained in this chapter or 
 31.27  rules of the commissioner.  The burden of proof shall be upon 
 31.28  the applicant to demonstrate qualifications or satisfaction of 
 31.29  requirements; 
 31.30     (7) has been convicted of a crime, including a finding or 
 31.31  verdict of guilt, an admission of guilt, or a no contest plea, 
 31.32  in any court in Minnesota or any other jurisdiction in the 
 31.33  United States, reasonably related to the provision of alcohol 
 31.34  and drug counseling services.  Conviction, as used in this 
 31.35  subdivision, includes conviction of an offense which, if 
 31.36  committed in this state, would be deemed a felony or gross 
 32.1   misdemeanor without regard to its designation elsewhere, or a 
 32.2   criminal proceeding where a finding or verdict of guilty is made 
 32.3   or returned but the adjudication of guilt is either withheld or 
 32.4   not entered; 
 32.5      (8) has been convicted of a crime against another person.  
 32.6   For purposes of this chapter, a crime against another person 
 32.7   means an offense listed in section 148B.68, subdivision 1, 
 32.8   paragraph (b); 
 32.9      (9) has failed to comply with the self-reporting 
 32.10  requirements of section 148C.095, subdivision 7; 
 32.11     (10) has engaged in sexual contact with a client, or a 
 32.12  former client, as defined in section 148A.01, or has engaged in 
 32.13  conduct that may be reasonably interpreted by a client as 
 32.14  sexual, or has engaged in any verbal behavior that is seductive 
 32.15  or sexually demeaning to the client, or has engaged in sexual 
 32.16  exploitation of a client or former client; 
 32.17     (11) has engaged in false, fraudulent, deceptive, or 
 32.18  misleading advertising; 
 32.19     (12) has engaged in conduct likely to deceive, defraud, or 
 32.20  harm the public; or has demonstrated a willful or careless 
 32.21  disregard for the health, welfare, or safety of a client; or any 
 32.22  other practice that may create unnecessary danger to any 
 32.23  client's life, health, or safety, in any of which cases, proof 
 32.24  of actual injury need not be established; 
 32.25     (13) has been adjudicated as mentally incompetent, or as a 
 32.26  person who has a psychopathic personality, or who is dangerous 
 32.27  to self, or has been adjudicated as chemically dependent, 
 32.28  mentally ill, mentally retarded, or mentally ill and dangerous 
 32.29  to the public pursuant to chapter 253B; 
 32.30     (14) is unable to provide alcohol and drug counseling 
 32.31  services with reasonable safety to clients; 
 32.32     (15) is has habitually overindulgent overindulged in the 
 32.33  use of or the dependence on alcohol within the past two years; 
 32.34     (16) has engaged in the improper or unauthorized personal 
 32.35  or other use of any legend drugs as defined in section 151.01, 
 32.36  any chemicals as defined in section 151.01, or any controlled 
 33.1   substance as defined in section 152.01 within the past two 
 33.2   years; 
 33.3      (17) reveals a communication from, or relating to, a client 
 33.4   except when required or permitted by law; 
 33.5      (18) fails to comply with a client's request for health 
 33.6   records made under section 144.335, or to furnish a client 
 33.7   record or report required by law; 
 33.8      (19) has engaged in fee splitting or promises to pay a 
 33.9   portion of a fee to any other professional other than for 
 33.10  services rendered by the other professional to the client; 
 33.11     (20) has engaged in abusive or fraudulent billing 
 33.12  practices, including violations of the federal Medicare and 
 33.13  Medicaid laws or state medical assistance laws; 
 33.14     (21) fails to make reports as required by section 148C.095, 
 33.15  or cooperate with an investigation of the commissioner; 
 33.16     (22) obtains money, property, or services from a client, 
 33.17  other than reasonable fees for services provided to the client, 
 33.18  through the use of undue influence, harassment, duress, 
 33.19  deception, or fraud; 
 33.20     (23) undertakes or continues a professional relationship 
 33.21  with a client in which the objectivity of the alcohol and drug 
 33.22  counselor may be impaired; 
 33.23     (24) engages in conduct that constitutes grounds for 
 33.24  discipline as established by the commissioner in rule; or 
 33.25     (25) engages in bartering for services with a client. 
 33.26     Sec. 33.  Minnesota Statutes 1998, section 148C.09, 
 33.27  subdivision 1a, is amended to read: 
 33.28     Subd. 1a.  [BACKGROUND INVESTIGATION.] The applicant must 
 33.29  sign a release authorizing the commissioner to obtain 
 33.30  information from the bureau of criminal apprehension, the 
 33.31  Federal Bureau of Investigation, the office of mental health 
 33.32  practice, the department of human services, the office of health 
 33.33  facilities complaints, and other agencies specified in the 
 33.34  rules.  After the commissioner has given written notice to an 
 33.35  individual who is the subject of a background investigation, the 
 33.36  agencies shall assist the commissioner with the investigation by 
 34.1   giving the commissioner criminal conviction data, reports about 
 34.2   abuse or neglect of clients substantiated maltreatment of minors 
 34.3   and vulnerable adults, and other information specified in the 
 34.4   rules.  The commissioner may contract with the commissioner of 
 34.5   human services to obtain criminal history data from the bureau 
 34.6   of criminal apprehension. 
 34.7      Sec. 34.  Minnesota Statutes 1998, section 153A.13, 
 34.8   subdivision 9, is amended to read: 
 34.9      Subd. 9.  [SUPERVISION.] "Supervision" means on-site 
 34.10  observing and monitoring activities of, and accepting 
 34.11  responsibility for, the hearing instrument dispensing activities 
 34.12  of a trainee. 
 34.13     Sec. 35.  Minnesota Statutes 1998, section 153A.13, is 
 34.14  amended by adding a subdivision to read: 
 34.15     Subd. 10.  [DIRECT SUPERVISION OR DIRECTLY 
 34.16  SUPERVISED.] "Direct supervision" or "directly supervised" means 
 34.17  the on-site and contemporaneous location of a supervisor and 
 34.18  trainee, when the supervisor observes the trainee engaging in 
 34.19  hearing instrument dispensing with a consumer. 
 34.20     Sec. 36.  Minnesota Statutes 1998, section 153A.13, is 
 34.21  amended by adding a subdivision to read: 
 34.22     Subd. 11.  [INDIRECT SUPERVISION OR INDIRECTLY 
 34.23  SUPERVISED.] "Indirect supervision" or "indirectly supervised" 
 34.24  means the remote and independent performance of hearing 
 34.25  instrument dispensing by a trainee when authorized under section 
 34.26  153A.14, subdivision 4a, paragraph (b). 
 34.27     Sec. 37.  Minnesota Statutes 1998, section 153A.14, 
 34.28  subdivision 1, is amended to read: 
 34.29     Subdivision 1.  [APPLICATION FOR CERTIFICATE.] An applicant 
 34.30  must: 
 34.31     (1) be 18 21 years of age or older; 
 34.32     (2) apply to the commissioner for a certificate to dispense 
 34.33  hearing instruments on application forms provided by the 
 34.34  commissioner; 
 34.35     (3) at a minimum, provide the applicant's name, social 
 34.36  security number, business address and phone number, employer, 
 35.1   and information about the applicant's education, training, and 
 35.2   experience in testing human hearing and fitting hearing 
 35.3   instruments; 
 35.4      (4) include with the application a statement that the 
 35.5   statements in the application are true and correct to the best 
 35.6   of the applicant's knowledge and belief; 
 35.7      (5) include with the application a written and signed 
 35.8   authorization that authorizes the commissioner to make inquiries 
 35.9   to appropriate regulatory agencies in this or any other state 
 35.10  where the applicant has sold hearing instruments; 
 35.11     (6) submit certification to the commissioner that the 
 35.12  applicant's audiometric equipment has been calibrated to meet 
 35.13  current ANSI standards within 12 months of the date of the 
 35.14  application; 
 35.15     (7) submit evidence of continuing education credits, if 
 35.16  required; and 
 35.17     (8) submit all fees as required under section 153A.17. 
 35.18     Sec. 38.  Minnesota Statutes 1998, section 153A.14, 
 35.19  subdivision 2a, is amended to read: 
 35.20     Subd. 2a.  [EXEMPTION FROM WRITTEN EXAMINATION 
 35.21  REQUIREMENT.] Persons completing the audiology registration 
 35.22  requirements of section 148.515 after January 1, 1996, are 
 35.23  exempt from the written examination requirements of subdivision 
 35.24  2h, paragraph (a), clause (1).  Minnesota registration or 
 35.25  American Speech-Language-Hearing Association certification as an 
 35.26  audiologist is not required but may be submitted as evidence 
 35.27  qualifying for exemption from the written examination if the 
 35.28  requirements are completed after January 1, 1996.  Persons 
 35.29  qualifying for written examination exemption must fulfill the 
 35.30  other credentialing requirements under subdivisions 1 and 2 
 35.31  before a certificate may be issued by the commissioner. 
 35.32     Sec. 39.  Minnesota Statutes 1998, section 153A.14, 
 35.33  subdivision 2h, is amended to read: 
 35.34     Subd. 2h.  [CERTIFICATION BY EXAMINATION.] An applicant 
 35.35  must achieve a passing score, as determined by the commissioner, 
 35.36  on an examination according to paragraphs (a) to (c). 
 36.1      (a) The examination must include, but is not limited to: 
 36.2      (1) A written examination approved by the commissioner 
 36.3   covering the following areas as they pertain to hearing 
 36.4   instrument selling: 
 36.5      (i) basic physics of sound; 
 36.6      (ii) the anatomy and physiology of the ear; 
 36.7      (iii) the function of hearing instruments; 
 36.8      (iv) the principles of hearing instrument selection; and 
 36.9      (v) state and federal laws, rules, and regulations. 
 36.10     (2) Practical tests of proficiency in the following 
 36.11  techniques as they pertain to hearing instrument selling: 
 36.12     (i) pure tone audiometry, including air conduction testing 
 36.13  and bone conduction testing; 
 36.14     (ii) live voice or recorded voice speech audiometry 
 36.15  including speech recognition (discrimination) testing, most 
 36.16  comfortable loudness level, and uncomfortable loudness 
 36.17  measurements of tolerance thresholds; 
 36.18     (iii) masking when indicated; 
 36.19     (iv) recording and evaluation of audiograms and speech 
 36.20  audiometry to determine proper selection and fitting of a 
 36.21  hearing instrument; 
 36.22     (v) taking ear mold impressions; and 
 36.23     (vi) using an otoscope for the visual observation of the 
 36.24  entire ear canal. 
 36.25     (b) The examination shall be administered by the 
 36.26  commissioner at least twice a year. 
 36.27     (c) An applicant must achieve a passing score on all 
 36.28  portions of the examination within a two-year period.  An 
 36.29  applicant who does not achieve a passing score on all portions 
 36.30  of the examination within a two-year period must retake the 
 36.31  entire examination and achieve a passing score on each portion 
 36.32  of the examination.  An applicant who does not apply for 
 36.33  certification within one year of successful completion of the 
 36.34  examination must retake the examination and achieve a passing 
 36.35  score on each portion of the examination.  An applicant may not 
 36.36  take any part of the examination more than three times in a 
 37.1   two-year period. 
 37.2      Sec. 40.  Minnesota Statutes 1998, section 153A.14, 
 37.3   subdivision 4, is amended to read: 
 37.4      Subd. 4.  [DISPENSING OF HEARING INSTRUMENTS WITHOUT 
 37.5   CERTIFICATE.] Except as provided in subdivision subdivisions 4a 
 37.6   and 4c, it is unlawful for any person not holding a valid 
 37.7   certificate to dispense a hearing instrument as defined in 
 37.8   section 153A.13, subdivision 3.  A person who dispenses a 
 37.9   hearing instrument without the certificate required by this 
 37.10  section is guilty of a gross misdemeanor.  
 37.11     Sec. 41.  Minnesota Statutes 1998, section 153A.14, 
 37.12  subdivision 4a, is amended to read: 
 37.13     Subd. 4a.  [TRAINEES.] (a) A person who is not certified 
 37.14  under this section may dispense hearing instruments as a trainee 
 37.15  for a period not to exceed 12 months if the person: 
 37.16     (1) submits an application on forms provided by the 
 37.17  commissioner; 
 37.18     (2) is under the supervision of a certified dispenser 
 37.19  meeting the requirements of this subdivision; and 
 37.20     (3) meets all requirements for certification except passage 
 37.21  of the examination required by this section. 
 37.22     (b) A certified hearing instrument dispenser may not 
 37.23  supervise more than two trainees at the same time and may not 
 37.24  directly supervise more than one trainee at a time.  The 
 37.25  certified dispenser is responsible for all actions or omissions 
 37.26  of a trainee in connection with the dispensing of hearing 
 37.27  instruments.  A certified dispenser may not supervise a trainee 
 37.28  if there are any commissioner, court, or other orders, currently 
 37.29  in effect or issued within the last five years, that were issued 
 37.30  with respect to an action or omission of a certified dispenser 
 37.31  or a trainee under the certified dispenser's supervision. 
 37.32     Until taking and passing the practical examination testing, 
 37.33  the techniques described in subdivision 2h, paragraph (a), 
 37.34  clause (2), trainees must be directly supervised in all areas 
 37.35  described in subdivision 4b, and the activities tested by 
 37.36  the practical examination.  Two hundred hours of on-site 
 38.1   observations must be completed within the trainee period with a 
 38.2   minimum of 100 hours involving the supervisor, trainee, and a 
 38.3   consumer.  In addition Thereafter, trainees may dispense hearing 
 38.4   instruments under indirect supervision until expiration of the 
 38.5   trainee period.  Under indirect supervision, the trainee must 
 38.6   complete two monitored activities a week.  Monitored activities 
 38.7   may be executed by correspondence, telephone, or other 
 38.8   telephonic devices, and include, but are not limited to, 
 38.9   evaluation of audiograms, written reports, and contracts.  The 
 38.10  time spent in supervision must be recorded and the record 
 38.11  retained by the supervisor. 
 38.12     Sec. 42.  Minnesota Statutes 1998, section 153A.14, is 
 38.13  amended by adding a subdivision to read: 
 38.14     Subd. 4c.  [RECIPROCITY.] (a) A person applying for 
 38.15  certification as a hearing instrument dispenser under 
 38.16  subdivision 1 and who has dispensed hearing instruments in 
 38.17  another jurisdiction may dispense hearing instruments as a 
 38.18  trainee under indirect supervision if the person: 
 38.19     (1) satisfies provisions of subdivision 4a, paragraph (a); 
 38.20     (2) submits a signed and dated affidavit stating that the 
 38.21  applicant is not the subject of a disciplinary action or past 
 38.22  disciplinary action in this or another jurisdiction and is not 
 38.23  disqualified on the basis of section 153A.15, subdivision 1; and 
 38.24     (3) provides a copy of a current credential as a hearing 
 38.25  instrument dispenser, an audiologist, or both, held in the 
 38.26  District of Columbia or a state or territory of the United 
 38.27  States. 
 38.28     (b) A person becoming a trainee under this subdivision who 
 38.29  fails to take and pass the practical examination described in 
 38.30  subdivision 2h, paragraph (a), clause (2), when next offered 
 38.31  must cease dispensing hearing instruments unless under direct 
 38.32  supervision. 
 38.33     Sec. 43.  Minnesota Statutes 1998, section 153A.14, is 
 38.34  amended by adding a subdivision to read: 
 38.35     Subd. 4d.  [EXPIRATION OF TRAINEE PERIOD.] The trainee 
 38.36  period automatically expires two months following notice of 
 39.1   passing all examination requirements of subdivision 2h. 
 39.2      Sec. 44.  Minnesota Statutes 1998, section 153A.15, 
 39.3   subdivision 1, is amended to read: 
 39.4      Subdivision 1.  [PROHIBITED ACTS.] The commissioner may 
 39.5   take enforcement action as provided under subdivision 2 against 
 39.6   a dispenser of hearing instruments for the following acts and 
 39.7   conduct: 
 39.8      (1) prescribing or otherwise recommending to a consumer or 
 39.9   potential consumer the use of a hearing instrument, unless the 
 39.10  prescription from a physician or recommendation from a hearing 
 39.11  instrument dispenser or audiologist is in writing, is based on 
 39.12  an audiogram that is delivered to the consumer or potential 
 39.13  consumer when the prescription or recommendation is made, and 
 39.14  bears the following information in all capital letters of 
 39.15  12-point or larger boldface type:  "THIS PRESCRIPTION OR 
 39.16  RECOMMENDATION MAY BE FILLED BY, AND HEARING INSTRUMENTS MAY BE 
 39.17  PURCHASED FROM, THE CERTIFIED DISPENSER OF YOUR CHOICE"; 
 39.18     (2) failing to give a copy of the audiogram, upon which the 
 39.19  prescription or recommendation is based, to the consumer when 
 39.20  there has been a charge for the audiogram and the consumer 
 39.21  requests a copy; 
 39.22     (3) dispensing a hearing instrument to a minor person 18 
 39.23  years or younger unless evaluated by an audiologist for purposes 
 39.24  of hearing evaluation and hearing aid evaluation; 
 39.25     (4) failing to provide the consumer rights brochure 
 39.26  required by section 153A.14, subdivision 9; 
 39.27     (4) (5) being disciplined through a revocation, suspension, 
 39.28  restriction, or limitation by another state for conduct subject 
 39.29  to action under this chapter; 
 39.30     (5) (6) presenting advertising that is false or misleading; 
 39.31     (6) (7) providing the commissioner with false or misleading 
 39.32  statements of credentials, training, or experience; 
 39.33     (7) (8) engaging in conduct likely to deceive, defraud, or 
 39.34  harm the public; or demonstrating a willful or careless 
 39.35  disregard for the health, welfare, or safety of a consumer; 
 39.36     (8) (9) splitting fees or promising to pay a portion of a 
 40.1   fee to any other professional other than a fee for services 
 40.2   rendered by the other professional to the client; 
 40.3      (9) (10) engaging in abusive or fraudulent billing 
 40.4   practices, including violations of federal Medicare and Medicaid 
 40.5   laws, Food and Drug Administration regulations, or state medical 
 40.6   assistance laws; 
 40.7      (10) (11) obtaining money, property, or services from a 
 40.8   consumer through the use of undue influence, high pressure sales 
 40.9   tactics, harassment, duress, deception, or fraud; 
 40.10     (11) (12) failing to comply with restrictions on sales of 
 40.11  hearing aids in sections 153A.14, subdivision 9, and 153A.19; 
 40.12     (12) (13) performing the services of a certified hearing 
 40.13  instrument dispenser in an incompetent or negligent manner; 
 40.14     (13) (14) failing to comply with the requirements of this 
 40.15  chapter as an employer, supervisor, or trainee; 
 40.16     (14) (15) failing to provide information in a timely manner 
 40.17  in response to a request by the commissioner, commissioner's 
 40.18  designee, or the advisory council; 
 40.19     (15) (16) being convicted within the past five years of 
 40.20  violating any laws of the United States, or any state or 
 40.21  territory of the United States, and the violation is a felony, 
 40.22  gross misdemeanor, or misdemeanor, an essential element of which 
 40.23  relates to hearing instrument dispensing, except as provided in 
 40.24  chapter 364; 
 40.25     (16) (17) failing to cooperate with the commissioner, the 
 40.26  commissioner's designee, or the advisory council in any 
 40.27  investigation; 
 40.28     (17) (18) failing to perform hearing instrument dispensing 
 40.29  with reasonable judgment, skill, or safety due to the use of 
 40.30  alcohol or drugs, or other physical or mental impairment; 
 40.31     (18) (19) failing to fully disclose actions taken against 
 40.32  the applicant or the applicant's legal authorization to dispense 
 40.33  hearing instruments in this or another state; 
 40.34     (19) (20) violating a state or federal court order or 
 40.35  judgment, including a conciliation court judgment, relating to 
 40.36  the activities of the applicant in hearing instrument 
 41.1   dispensing; 
 41.2      (20) (21) having been or being disciplined by the 
 41.3   commissioner of the department of health, or other authority, in 
 41.4   this or another jurisdiction, if any of the grounds for the 
 41.5   discipline are the same or substantially equivalent to those in 
 41.6   sections 153A.13 to 153A.19; 
 41.7      (21) (22) misrepresenting the purpose of hearing tests, or 
 41.8   in any way communicating that the hearing test or hearing test 
 41.9   protocol required by section 153A.14, subdivision 4b, is a 
 41.10  medical evaluation, a diagnostic hearing evaluation conducted by 
 41.11  an audiologist, or is other than a test to select a hearing 
 41.12  instrument, except that the hearing instrument dispenser can 
 41.13  determine the need for or recommend the consumer obtain a 
 41.14  medical evaluation consistent with requirements of the United 
 41.15  States Food and Drug Administration; 
 41.16     (22) (23) violating any of the provisions of sections 
 41.17  153A.13 to 153A.19; and 
 41.18     (23) (24) aiding or abetting another person in violating 
 41.19  any of the provisions of sections 153A.13 to 153A.19. 
 41.20     Sec. 45.  [REPEALER.] 
 41.21     Minnesota Statutes 1998, sections 145.882, subdivisions 3 
 41.22  and 4; and 148C.04, subdivision 5, are repealed.