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Capital IconMinnesota Legislature

HF 1768

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/15/2021 04:55pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to commerce; regulating continuing education sponsors and instructors;
amending Minnesota Statutes 2020, section 45.33.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2020, section 45.33, is amended to read:


45.33 PROHIBITED PRACTICES FOR COORDINATORS AND INSTRUCTORS.

Subdivision 1.

new text begin Marketing and advertising new text end prohibitions.

In connection with an approved
course, coordinators and instructors must notnew text begin sell or solicit the services or practices of a
particular business. This includes but is not limited to
new text end :

deleted text begin (1) recommend or promote the services or practices of a particular business;
deleted text end

deleted text begin (2) encourage or recruitdeleted text end new text begin (1) selling the services or practices of, soliciting on behalf of,
encouraging or recruiting
new text end individuals to engage the services of, or deleted text begin becomedeleted text end new text begin becomingnew text end
associated with, a particular deleted text begin businessdeleted text end new text begin entitynew text end ;new text begin and
new text end

deleted text begin (3) use materials, clothing, or other evidences of affiliation with a particular entity;
deleted text end

deleted text begin (4) requiredeleted text end new text begin (2) requiringnew text end students to participate in other programs or services offered by
the instructor, coordinator, or education providerdeleted text begin ;deleted text end new text begin .
new text end

new text begin Subd. 1a. new text end

new text begin Prohibited practices. new text end

new text begin In connection with an approved course, coordinators
and instructors must not:
new text end

deleted text begin (5)deleted text end new text begin (1)new text end attempt, either directly or indirectly, to discover questions or answers on an
examination for a license;

deleted text begin (6)deleted text end new text begin (2)new text end disseminate to any other person specific questions, problems, or information
known or believed to be included in licensing examinations;

deleted text begin (7)deleted text end new text begin (3)new text end misrepresent any information submitted to the commissioner;

deleted text begin (8)deleted text end new text begin (4)new text end fail to cover, or ensure coverage of, all points, issues, and concepts contained in
the course outline approved by the commissioner during the approved instruction; deleted text begin anddeleted text end new text begin or
new text end

deleted text begin (9)deleted text end new text begin (5)new text end issue inaccurate course completion certificates.

Subd. 2.

Notification of disciplinary action.

Coordinators must notify the commissioner
within ten days of a felony or gross misdemeanor conviction or of disciplinary action taken
against an occupational license held by the coordinator or an instructor teaching an approved
offering. The notification may be grounds to suspend, deny, or revoke the approval of the
coordinator and grounds to disallow the use of a particular instructor.

new text begin Subd. 3. new text end

new text begin Exceptions. new text end

new text begin In connection with an approved course, coordinators and instructors
may:
new text end

new text begin (1) display a company logo or branding;
new text end

new text begin (2) establish a trade show or conference booth outside the classroom where the
educational content is being delivered that is separate from a registration location used to
track or facilitate student attendance; and
new text end

new text begin (3) display or distribute any print or electronic advertisement for a good or service in
the classroom during a break or breaks in the delivery of the educational content.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end