Skip to main content Skip to office menu Skip to footer
Capital IconMinnesota Legislature

HF 2555

5th Engrossment - 87th Legislature (2011 - 2012) Posted on 04/17/2012 09:50am

KEY: stricken = removed, old language.
underscored = added, new language.
Line numbers 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 1.23 1.24 1.25 1.26 1.27 1.28 1.29 1.30 1.31 1.32 1.33 1.34 1.35 1.36 1.37 1.38 1.39 2.1 2.2 2.3
2.4 2.5
2.6 2.7 2.8 2.9 2.10
2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20 2.21 2.22 2.23 2.24 2.25 2.26 2.27 2.28 2.29 2.30 2.31 2.32 2.33 3.1 3.2 3.3
3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11
3.12
3.13 3.14 3.15 3.16 3.17 3.18 3.19 3.20
3.21 3.22 3.23 3.24 3.25 3.26 3.27
3.28 3.29
3.30 3.31 4.1 4.2 4.3 4.4 4.5 4.6
4.7 4.8 4.9 4.10 4.11 4.12 4.13
4.14 4.15 4.16 4.17 4.18 4.19 4.20
4.21 4.22 4.23 4.24 4.25 4.26 4.27
4.28 4.29 4.30 4.31 4.32 5.1 5.2
5.3 5.4 5.5 5.6 5.7
5.8 5.9 5.10 5.11 5.12 5.13 5.14 5.15 5.16 5.17 5.18 5.19 5.20 5.21 5.22 5.23 5.24 5.25 5.26 5.27 5.28 5.29
5.30 5.31 5.32 6.1 6.2 6.3 6.4 6.5 6.6 6.7 6.8 6.9 6.10 6.11 6.12 6.13 6.14 6.15 6.16 6.17 6.18 6.19 6.20 6.21 6.22 6.23 6.24 6.25 6.26 6.27
6.28 6.29
6.30 6.31 6.32 6.33 6.34
7.1
7.2 7.3 7.4 7.5 7.6
7.7
7.8 7.9 7.10 7.11 7.12 7.13 7.14 7.15 7.16 7.17 7.18 7.19 7.20 7.21 7.22 7.23 7.24 7.25 7.26 7.27 7.28 7.29 7.30 7.31 7.32 7.33 7.34 8.1 8.2 8.3 8.4 8.5 8.6 8.7 8.8 8.9 8.10 8.11 8.12 8.13 8.14 8.15 8.16 8.17 8.18 8.19 8.20 8.21 8.22 8.23 8.24 8.25 8.26 8.27 8.28 8.29 8.30 8.31 8.32 8.33 8.34 8.35 9.1 9.2 9.3 9.4 9.5 9.6 9.7 9.8 9.9 9.10 9.11 9.12 9.13 9.14 9.15 9.16 9.17 9.18 9.19 9.20 9.21 9.22 9.23 9.24 9.25 9.26 9.27 9.28 9.29 9.30 9.31 9.32 9.33 9.34 9.35 10.1 10.2 10.3 10.4 10.5 10.6 10.7 10.8 10.9 10.10 10.11 10.12 10.13 10.14 10.15 10.16 10.17
10.18 10.19 10.20 10.21 10.22
10.23
10.24 10.25 10.26 10.27 10.28
10.29
10.30 10.31 11.1 11.2 11.3
11.4
11.5 11.6 11.7 11.8 11.9
11.10
11.11 11.12 11.13 11.14 11.15
11.16
11.17 11.18 11.19 11.20 11.21
11.22
11.23 11.24 11.25 11.26 11.27 11.28 11.29 11.30 12.1 12.2 12.3 12.4 12.5 12.6 12.7 12.8 12.9 12.10 12.11 12.12 12.13 12.14
12.15 12.16 12.17 12.18 12.19 12.20 12.21 12.22 12.23 12.24 12.25 12.26 12.27
12.28 12.29 12.30 12.31 12.32 12.33
13.1 13.2 13.3 13.4 13.5 13.6 13.7 13.8 13.9 13.10 13.11 13.12 13.13 13.14 13.15 13.16 13.17 13.18 13.19 13.20 13.21 13.22 13.23 13.24 13.25
13.26
13.27 13.28 13.29 13.30 13.31 13.32 13.33 13.34 13.35 14.1 14.2 14.3 14.4 14.5 14.6 14.7 14.8 14.9 14.10 14.11 14.12 14.13 14.14 14.15 14.16 14.17 14.18 14.19 14.20 14.21 14.22 14.23 14.24
14.25
14.26 14.27 14.28 14.29 14.30 14.31 14.32 14.33 14.34 14.35 15.1 15.2 15.3 15.4 15.5 15.6 15.7 15.8 15.9 15.10 15.11 15.12 15.13 15.14 15.15 15.16 15.17 15.18 15.19 15.20 15.21 15.22 15.23 15.24 15.25 15.26 15.27 15.28 15.29 15.30 15.31 15.32 15.33 15.34 15.35 15.36 16.1 16.2 16.3 16.4 16.5 16.6 16.7 16.8 16.9 16.10 16.11 16.12 16.13 16.14 16.15 16.16 16.17 16.18 16.19 16.20 16.21 16.22 16.23 16.24 16.25 16.26 16.27 16.28 16.29 16.30 16.31 16.32 16.33 16.34
17.1 17.2 17.3
17.4 17.5 17.6 17.7 17.8 17.9
17.10 17.11 17.12 17.13 17.14 17.15
17.16 17.17 17.18 17.19 17.20
17.21 17.22 17.23 17.24 17.25 17.26 17.27 17.28 17.29 17.30
17.31 18.1 18.2 18.3 18.4 18.5
18.6 18.7 18.8 18.9 18.10 18.11 18.12 18.13 18.14 18.15 18.16 18.17 18.18 18.19 18.20 18.21 18.22 18.23 18.24 18.25 18.26 18.27 18.28 18.29 18.30 18.31
18.32
18.33 19.1 19.2 19.3 19.4 19.5 19.6 19.7 19.8 19.9 19.10 19.11 19.12 19.13 19.14 19.15 19.16
19.17 19.18 19.19 19.20 19.21 19.22 19.23
19.24 19.25 19.26
19.27 19.28
19.29 19.30 19.31 19.32
20.1 20.2 20.3 20.4 20.5 20.6
20.7 20.8 20.9 20.10 20.11 20.12 20.13 20.14
20.15 20.16 20.17 20.18 20.19
20.20 20.21 20.22 20.23
20.24 20.25 20.26
20.27 20.28 20.29
20.30 21.1
21.2 21.3
21.4 21.5 21.6 21.7 21.8
21.9 21.10 21.11 21.12 21.13 21.14 21.15 21.16 21.17 21.18 21.19 21.20 21.21 21.22 21.23 21.24 21.25 21.26 21.27 21.28 21.29 21.30 21.31 21.32 22.1 22.2 22.3 22.4 22.5 22.6 22.7 22.8 22.9 22.10 22.11 22.12 22.13 22.14 22.15 22.16 22.17 22.18 22.19 22.20 22.21 22.22 22.23 22.24 22.25 22.26 22.27 22.28 22.29 22.30 22.31 22.32 22.33 22.34 22.35 22.36 23.1 23.2 23.3 23.4 23.5 23.6 23.7 23.8 23.9 23.10 23.11 23.12 23.13 23.14 23.15 23.16 23.17 23.18 23.19 23.20 23.21 23.22 23.23 23.24 23.25 23.26 23.27 23.28 23.29 23.30 23.31 23.32 23.33 23.34 24.1 24.2 24.3 24.4 24.5 24.6 24.7 24.8 24.9 24.10 24.11 24.12 24.13 24.14 24.15 24.16 24.17 24.18 24.19 24.20 24.21 24.22 24.23 24.24 24.25 24.26 24.27 24.28 24.29 24.30 24.31 24.32 24.33 24.34 24.35 24.36 25.1 25.2 25.3 25.4 25.5 25.6 25.7 25.8 25.9 25.10 25.11 25.12 25.13 25.14 25.15 25.16 25.17 25.18 25.19 25.20 25.21 25.22 25.23 25.24 25.25 25.26 25.27 25.28 25.29 25.30 25.31 25.32 25.33 25.34 25.35 25.36 26.1 26.2 26.3 26.4 26.5 26.6 26.7 26.8 26.9
26.10 26.11 26.12 26.13 26.14 26.15 26.16 26.17 26.18 26.19 26.20 26.21
26.22 26.23 26.24 26.25 26.26 26.27 26.28
26.29 26.30 26.31 26.32 26.33 27.1 27.2 27.3 27.4 27.5 27.6 27.7 27.8 27.9 27.10 27.11 27.12 27.13 27.14 27.15 27.16 27.17 27.18 27.19 27.20 27.21 27.22 27.23 27.24 27.25 27.26 27.27 27.28 27.29 27.30
27.31 27.32 27.33 27.34 28.1 28.2 28.3 28.4 28.5 28.6 28.7 28.8 28.9
28.10 28.11 28.12 28.13 28.14 28.15 28.16 28.17 28.18 28.19 28.20 28.21 28.22 28.23 28.24 28.25 28.26 28.27 28.28 28.29 28.30 28.31 28.32 28.33 29.1 29.2 29.3 29.4 29.5 29.6 29.7 29.8 29.9 29.10 29.11 29.12
29.13 29.14 29.15 29.16 29.17 29.18 29.19 29.20 29.21 29.22 29.23 29.24 29.25 29.26 29.27 29.28 29.29 29.30 29.31 29.32 29.33 29.34 29.35 30.1 30.2 30.3 30.4 30.5 30.6 30.7 30.8 30.9 30.10 30.11 30.12 30.13 30.14 30.15 30.16 30.17 30.18 30.19 30.20 30.21 30.22 30.23 30.24 30.25 30.26
30.27 30.28 30.29 30.30
30.31 30.32 30.33 30.34 31.1 31.2 31.3 31.4 31.5 31.6 31.7 31.8 31.9 31.10 31.11 31.12 31.13 31.14 31.15 31.16 31.17 31.18 31.19 31.20 31.21 31.22 31.23 31.24
31.25 31.26 31.27 31.28 31.29 31.30 31.31 31.32 31.33 31.34 32.1 32.2 32.3 32.4 32.5
32.6 32.7 32.8 32.9 32.10 32.11 32.12 32.13 32.14
32.15 32.16 32.17 32.18 32.19 32.20 32.21 32.22 32.23 32.24 32.25 32.26 32.27 32.28 32.29 32.30 32.31 32.32 32.33
33.1 33.2 33.3 33.4 33.5 33.6 33.7 33.8 33.9 33.10 33.11 33.12 33.13 33.14 33.15
33.16 33.17 33.18 33.19 33.20 33.21 33.22 33.23 33.24 33.25 33.26 33.27 33.28 33.29 33.30 33.31 33.32 33.33 33.34 33.35 34.1 34.2 34.3 34.4 34.5 34.6 34.7 34.8 34.9 34.10 34.11 34.12 34.13 34.14 34.15 34.16 34.17 34.18 34.19 34.20 34.21 34.22 34.23 34.24 34.25 34.26 34.27 34.28 34.29 34.30 34.31 34.32 34.33 34.34 34.35 34.36 35.1 35.2 35.3 35.4 35.5 35.6 35.7 35.8 35.9 35.10 35.11 35.12 35.13 35.14 35.15 35.16 35.17 35.18 35.19 35.20 35.21 35.22 35.23 35.24 35.25 35.26 35.27 35.28 35.29 35.30 35.31 35.32 35.33 35.34 35.35 36.1 36.2 36.3 36.4 36.5 36.6 36.7 36.8 36.9 36.10 36.11 36.12 36.13 36.14 36.15 36.16 36.17 36.18 36.19 36.20 36.21 36.22
36.23 36.24 36.25 36.26 36.27 36.28 36.29 36.30 36.31 36.32 36.33 36.34 37.1 37.2 37.3 37.4 37.5 37.6 37.7 37.8 37.9 37.10 37.11 37.12 37.13 37.14 37.15 37.16 37.17 37.18 37.19 37.20 37.21 37.22 37.23 37.24 37.25
37.26 37.27
37.28 37.29 37.30 37.31 37.32 37.33 38.1 38.2 38.3 38.4 38.5 38.6 38.7 38.8 38.9 38.10 38.11 38.12 38.13 38.14 38.15 38.16 38.17 38.18 38.19 38.20 38.21 38.22 38.23 38.24 38.25 38.26 38.27 38.28 38.29 38.30 38.31 38.32 38.33 38.34 38.35 39.1 39.2 39.3 39.4 39.5 39.6 39.7 39.8 39.9 39.10 39.11 39.12 39.13 39.14 39.15 39.16 39.17 39.18 39.19 39.20 39.21 39.22 39.23 39.24 39.25 39.26 39.27 39.28 39.29 39.30 39.31 39.32 39.33 39.34 39.35 39.36 40.1 40.2 40.3 40.4 40.5 40.6 40.7 40.8 40.9 40.10 40.11 40.12 40.13 40.14 40.15 40.16 40.17 40.18 40.19 40.20 40.21 40.22 40.23 40.24 40.25 40.26 40.27 40.28 40.29 40.30 40.31 40.32 40.33 40.34 40.35 40.36 41.1 41.2 41.3 41.4 41.5 41.6 41.7 41.8 41.9 41.10 41.11 41.12 41.13 41.14 41.15 41.16 41.17 41.18 41.19 41.20 41.21 41.22 41.23 41.24 41.25 41.26 41.27 41.28 41.29 41.30 41.31 41.32 41.33 41.34 41.35 41.36 42.1 42.2 42.3 42.4 42.5 42.6 42.7 42.8 42.9
42.10 42.11 42.12 42.13 42.14 42.15 42.16 42.17 42.18 42.19 42.20 42.21 42.22 42.23 42.24 42.25 42.26 42.27 42.28 42.29 42.30 42.31 42.32 42.33 42.34 43.1 43.2 43.3 43.4 43.5 43.6 43.7 43.8
43.9 43.10 43.11 43.12 43.13 43.14 43.15
43.16 43.17 43.18 43.19 43.20 43.21 43.22 43.23 43.24 43.25 43.26 43.27 43.28 43.29 43.30 43.31 43.32 43.33 43.34 44.1 44.2 44.3 44.4 44.5
44.6 44.7 44.8 44.9 44.10 44.11 44.12 44.13 44.14 44.15 44.16 44.17 44.18 44.19 44.20 44.21 44.22 44.23 44.24 44.25 44.26 44.27 44.28 44.29 44.30 44.31 44.32 44.33 44.34 44.35 45.1 45.2 45.3 45.4 45.5 45.6 45.7 45.8
45.9 45.10 45.11 45.12 45.13 45.14 45.15 45.16 45.17 45.18 45.19 45.20 45.21 45.22 45.23 45.24 45.25 45.26 45.27 45.28 45.29 45.30 45.31 45.32 45.33 45.34 46.1 46.2 46.3
46.4 46.5 46.6 46.7 46.8 46.9 46.10 46.11 46.12 46.13 46.14 46.15 46.16 46.17
46.18 46.19 46.20 46.21 46.22 46.23 46.24 46.25 46.26 46.27 46.28 46.29 46.30 46.31 46.32 46.33 46.34 47.1 47.2 47.3 47.4 47.5 47.6 47.7
47.8 47.9 47.10 47.11 47.12 47.13 47.14 47.15 47.16 47.17 47.18 47.19 47.20 47.21 47.22 47.23 47.24 47.25 47.26 47.27 47.28 47.29 47.30 47.31 47.32 47.33 47.34 47.35 48.1 48.2 48.3 48.4 48.5 48.6 48.7 48.8 48.9 48.10 48.11 48.12 48.13 48.14 48.15 48.16 48.17 48.18 48.19 48.20 48.21 48.22 48.23 48.24 48.25 48.26 48.27 48.28 48.29 48.30 48.31 48.32 48.33 48.34 48.35 48.36 49.1 49.2 49.3 49.4
49.5 49.6 49.7 49.8 49.9 49.10 49.11 49.12 49.13 49.14 49.15 49.16 49.17 49.18 49.19 49.20 49.21 49.22 49.23 49.24 49.25 49.26 49.27 49.28 49.29 49.30 49.31 49.32 49.33 49.34 49.35 50.1 50.2 50.3 50.4 50.5 50.6 50.7 50.8 50.9 50.10 50.11 50.12 50.13
50.14 50.15 50.16 50.17 50.18 50.19 50.20 50.21 50.22 50.23 50.24 50.25 50.26 50.27 50.28 50.29 50.30 50.31 50.32 50.33 50.34 51.1 51.2 51.3
51.4 51.5 51.6 51.7 51.8 51.9 51.10 51.11 51.12 51.13 51.14 51.15 51.16 51.17 51.18 51.19 51.20 51.21 51.22 51.23 51.24 51.25 51.26 51.27 51.28
51.29 51.30 51.31 51.32 51.33 51.34 52.1 52.2 52.3 52.4 52.5 52.6 52.7 52.8 52.9 52.10 52.11 52.12 52.13 52.14 52.15 52.16 52.17 52.18 52.19 52.20 52.21 52.22 52.23
52.24 52.25 52.26 52.27 52.28 52.29 52.30 52.31 52.32 52.33 52.34 52.35 53.1 53.2 53.3 53.4 53.5 53.6 53.7 53.8 53.9 53.10 53.11 53.12 53.13 53.14 53.15 53.16 53.17 53.18 53.19 53.20 53.21 53.22 53.23 53.24 53.25 53.26 53.27 53.28
53.29 53.30 53.31 53.32 53.33 53.34 54.1 54.2
54.3 54.4 54.5 54.6 54.7 54.8 54.9 54.10 54.11 54.12 54.13 54.14 54.15 54.16 54.17 54.18 54.19 54.20 54.21 54.22 54.23 54.24 54.25 54.26 54.27 54.28 54.29 54.30 54.31 54.32 54.33 54.34 54.35 55.1 55.2 55.3 55.4 55.5 55.6 55.7 55.8 55.9 55.10 55.11 55.12 55.13 55.14 55.15 55.16 55.17 55.18 55.19 55.20 55.21 55.22
55.23 55.24 55.25 55.26 55.27 55.28 55.29 55.30 55.31 55.32 55.33 55.34 56.1 56.2 56.3 56.4 56.5 56.6 56.7 56.8 56.9 56.10
56.11 56.12 56.13 56.14 56.15 56.16 56.17 56.18 56.19 56.20 56.21 56.22 56.23 56.24 56.25 56.26 56.27 56.28
56.29 56.30 56.31 56.32 56.33 56.34 57.1 57.2 57.3 57.4 57.5 57.6 57.7 57.8 57.9 57.10 57.11 57.12 57.13 57.14 57.15 57.16 57.17 57.18 57.19 57.20
57.21 57.22 57.23 57.24 57.25 57.26 57.27 57.28 57.29 57.30 57.31 57.32 57.33 57.34 57.35 58.1 58.2 58.3 58.4 58.5 58.6 58.7
58.8 58.9 58.10 58.11 58.12 58.13 58.14 58.15 58.16 58.17 58.18 58.19 58.20 58.21 58.22 58.23
58.24 58.25 58.26 58.27 58.28 58.29
58.30 58.31 58.32 58.33 59.1 59.2
59.3 59.4 59.5 59.6 59.7 59.8 59.9 59.10 59.11 59.12 59.13 59.14 59.15 59.16 59.17 59.18 59.19 59.20 59.21 59.22 59.23 59.24 59.25 59.26 59.27 59.28 59.29 59.30 59.31 59.32 59.33 59.34 59.35 60.1 60.2 60.3 60.4 60.5 60.6 60.7 60.8 60.9 60.10 60.11 60.12 60.13 60.14 60.15 60.16 60.17 60.18 60.19 60.20 60.21 60.22 60.23 60.24 60.25 60.26 60.27 60.28 60.29 60.30 60.31 60.32 60.33 60.34 60.35 61.1 61.2 61.3 61.4 61.5 61.6
61.7 61.8 61.9 61.10 61.11 61.12 61.13 61.14 61.15 61.16 61.17 61.18 61.19 61.20 61.21 61.22
61.23 61.24 61.25 61.26
61.27 61.28 61.29 61.30 61.31 61.32 62.1 62.2 62.3 62.4 62.5 62.6 62.7 62.8
62.9 62.10
62.11 62.12
62.13 62.14 62.15 62.16 62.17 62.18 62.19 62.20 62.21 62.22 62.23 62.24 62.25 62.26 62.27 62.28 62.29 62.30 62.31 62.32 62.33 62.34 63.1 63.2 63.3 63.4 63.5 63.6 63.7 63.8 63.9 63.10 63.11 63.12 63.13 63.14 63.15 63.16 63.17 63.18 63.19 63.20 63.21 63.22 63.23 63.24 63.25 63.26 63.27 63.28 63.29 63.30 63.31
63.32 63.33 63.34 63.35 64.1 64.2 64.3 64.4 64.5 64.6 64.7 64.8 64.9 64.10 64.11 64.12 64.13 64.14 64.15 64.16 64.17 64.18 64.19 64.20 64.21 64.22 64.23 64.24 64.25 64.26 64.27 64.28 64.29 64.30 64.31 64.32 64.33
64.34
64.35 65.1 65.2 65.3 65.4 65.5 65.6 65.7 65.8 65.9 65.10
65.11 65.12 65.13 65.14 65.15 65.16 65.17 65.18 65.19 65.20 65.21 65.22 65.23 65.24 65.25 65.26 65.27
65.28 65.29 65.30 65.31 65.32 65.33 66.1 66.2
66.3 66.4 66.5
66.6 66.7
66.8 66.9 66.10 66.11 66.12 66.13 66.14 66.15 66.16 66.17 66.18 66.19 66.20 66.21 66.22 66.23 66.24 66.25 66.26 66.27 66.28 66.29 66.30 66.31 66.32 67.1 67.2 67.3
67.4 67.5 67.6 67.7
67.8 67.9 67.10 67.11 67.12 67.13 67.14 67.15 67.16 67.17 67.18 67.19 67.20 67.21 67.22 67.23 67.24 67.25 67.26 67.27 67.28 67.29 67.30 67.31 67.32 67.33 67.34 68.1 68.2 68.3 68.4 68.5 68.6 68.7 68.8 68.9 68.10 68.11 68.12 68.13 68.14 68.15 68.16 68.17 68.18 68.19 68.20 68.21 68.22 68.23 68.24 68.25 68.26 68.27 68.28 68.29 68.30 68.31 68.32 68.33 68.34 68.35 69.1 69.2 69.3 69.4 69.5 69.6 69.7 69.8 69.9 69.10 69.11 69.12 69.13 69.14 69.15 69.16 69.17 69.18 69.19 69.20 69.21 69.22 69.23 69.24 69.25 69.26 69.27 69.28 69.29 69.30 69.31 69.32 69.33 69.34 69.35 70.1 70.2 70.3 70.4 70.5 70.6 70.7 70.8 70.9 70.10 70.11 70.12 70.13 70.14 70.15 70.16 70.17 70.18 70.19 70.20 70.21 70.22 70.23 70.24 70.25 70.26 70.27 70.28 70.29 70.30 70.31 70.32 70.33 70.34 70.35 70.36 71.1 71.2 71.3 71.4 71.5 71.6 71.7 71.8 71.9 71.10 71.11 71.12 71.13 71.14 71.15
71.16 71.17 71.18 71.19 71.20
71.21 71.22 71.23 71.24 71.25 71.26
71.27
71.28 71.29
72.1 72.2
72.3 72.4 72.5 72.6 72.7 72.8 72.9 72.10 72.11 72.12 72.13 72.14 72.15 72.16 72.17 72.18 72.19 72.20 72.21 72.22 72.23 72.24 72.25 72.26 72.27 72.28 72.29 72.30 72.31 72.32 72.33 72.34 73.1 73.2 73.3 73.4 73.5 73.6 73.7 73.8 73.9 73.10 73.11 73.12 73.13 73.14 73.15 73.16 73.17 73.18 73.19 73.20
73.21 73.22 73.23 73.24 73.25 73.26 73.27 73.28 73.29 73.30 73.31 73.32 73.33 73.34 73.35 74.1 74.2 74.3 74.4 74.5 74.6 74.7
74.8 74.9 74.10 74.11 74.12 74.13 74.14 74.15 74.16 74.17 74.18 74.19 74.20 74.21 74.22 74.23 74.24 74.25 74.26 74.27 74.28 74.29 74.30 74.31 74.32 74.33 74.34 75.1 75.2
75.3 75.4 75.5 75.6 75.7 75.8 75.9 75.10 75.11 75.12 75.13
75.14 75.15 75.16 75.17 75.18 75.19 75.20 75.21
75.22 75.23 75.24 75.25 75.26 75.27 75.28
75.29 75.30 75.31 75.32 76.1 76.2 76.3 76.4 76.5 76.6 76.7 76.8 76.9
76.10 76.11 76.12 76.13 76.14 76.15 76.16 76.17 76.18 76.19 76.20 76.21 76.22 76.23 76.24

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

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

ARTICLE 1

SUNSET REVIEW

Section 1.

Minnesota Statutes 2011 Supplement, section 3D.04, is amended to read:


3D.04 STAFFnew text begin; CONTRACTSnew text end.

The Legislative Coordinating Commission shall provide staff and administrative
services for the commission.new text begin The Sunset Advisory Commission may enter into contracts
for evaluations of agencies under review.
new text end

Sec. 2.

Minnesota Statutes 2011 Supplement, section 3D.06, is amended to read:


3D.06 AGENCY REPORT TO COMMISSION.

new text begin (a) new text endBefore September 1 of the odd-numbered year before the year in which a
state agency is subject to sunset review, the agency commissioner shall report to the
commission:

(1) information regarding the application to the agency of the criteria in section
3D.10;

(2) deleted text begina priority-baseddeleted text endnew text begin an outcome-basednew text end budget for the agency;

(3) an inventory of all boards, commissions, committees, and other entities related
to the agency; and

(4) any other information that the agency commissioner considers appropriate or that
is requested by the commission.

deleted text begin The September 1 deadline in this section does not apply in 2011.
deleted text end

new text begin (b) The outcome-based budget required by paragraph (a) must be for each of the
agency's activities, as the term activity is used in state budgeting:
new text end

new text begin (1) identify the statutory authority for the activity;
new text end

new text begin (2) include one or more performance goals and associated performance measures
that measure outcomes, not inputs;
new text end

new text begin (3) discuss the extent to which each performance measure is reliable and verifiable,
and can be accurately measured;
new text end

new text begin (4) discuss the extent to which the agency has met each performance measure, and
the extent to which the budget devoted to the activity has permitted or prevented the
agency from meeting its performance goals;
new text end

new text begin (5) discuss efficiencies that would allow the agency to better meet its goals; and
new text end

new text begin (6) identify agencies at any level of government or private sector entities that provide
the same activities, and describe agency interaction with the activities provided by others.
new text end

Sec. 3.

Minnesota Statutes 2011 Supplement, section 3D.21, subdivision 1, is amended
to read:


Subdivision 1.

Group 1.

The following agencies are sunset and, except as provided
in section 3D.14, expire on June 30, deleted text begin2012deleted text endnew text begin 2024new text end: Capitol Area Architectural and Planning
Board, Amateur Sports Commission, deleted text beginCombative Sports Commission,deleted text end all health-related
licensing boards listed in section 214.01, Council on Affairs of Chicano/Latino People,
deleted text begin Council on Black Minnesotans,deleted text end Council on Asian-Pacific Minnesotans, Indian Affairs
Council, Council on Disabilities, and all advisory groups associated with these agencies.

new text begin EFFECTIVE DATE. new text end

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

Sec. 4.

Minnesota Statutes 2011 Supplement, section 3D.21, subdivision 2, is amended
to read:


Subd. 2.

Group 2.

The following agencies are sunset and, except as provided in
section 3D.14, expire on June 30, 2014: Department of Health, Department of Human
Services, Department of Human Rights, Department of Education, Board of Teaching,
Minnesota Office of Higher Education,new text begin Council on Black Minnesotans, Emergency
Medical Services Regulatory Board,
new text end and all advisory groups associated with these
agencies.

Sec. 5. new text beginCOUNCIL ON BLACK MINNESOTANS INTERIM REVIEW.
new text end

new text begin (a) The Council on Black Minnesotans is continued for two years and added to the
2014 Sunset Advisory Commission review schedule. In the council's report to the Sunset
Advisory Commission, the council must submit an interim report and respond to issues
raised in previous audits by the Office of the Legislative Auditor.
new text end

new text begin (b) The Office of the Legislative Auditor should conduct a financial audit of the
Council of Black Minnesotans by December 1, 2013, prior to sunset review in 2014.
new text end

ARTICLE 2

ADMINISTRATIVE PROCEDURES AND FEES

Section 1.

Minnesota Statutes 2010, section 3.922, is amended by adding a subdivision
to read:


new text begin Subd. 11. new text end

new text begin Report. new text end

new text begin The council shall prepare and distribute a report to the governor
and legislature by November 15 of each year. The report shall summarize the activities
of the council since its last report, list receipts and expenditures, identify the major
problems and issues confronting American Indian people, and list the specific objectives
that the council seeks to attain during the biennium. To the extent possible, the council
shall report on outcome measures.
new text end

Sec. 2.

Minnesota Statutes 2010, section 3.9223, subdivision 7, is amended to read:


Subd. 7.

Report.

The council shall prepare and distribute a report to the governor
and legislature by November 15 of each deleted text begineven-numbereddeleted text end year. The report shall summarize
the activities of the council since its last report, list receipts and expenditures, identify
the major problems and issues confronting Chicano/Latino people, and list the specific
objectives that the council seeks to attain during the next biennium.new text begin To the extent possible,
the council shall report on outcome measures.
new text end

Sec. 3.

Minnesota Statutes 2010, section 3.9225, subdivision 7, is amended to read:


Subd. 7.

Report.

The council shall prepare and distribute a report to the governor
and legislature by November 15 of each deleted text begineven-numbereddeleted text end year. The report shall summarize
the activities of the council since its last report, list receipts and expenditures, identify
the major problems and issues confronting Black people, and list the specific objectives
which the council seeks to attain during the next biennium.new text begin To the extent possible, the
council shall report on outcome measures.
new text end

Sec. 4.

Minnesota Statutes 2010, section 3.9226, subdivision 7, is amended to read:


Subd. 7.

Report.

The council shall prepare and distribute a report to the governor
and legislature by November 15 of each deleted text begineven-numbereddeleted text end year. The report shall summarize
the activities of the council since its last report, list receipts and expenditures, identify
the major problems and issues confronting Asian-Pacific people, and list the specific
objectives that the council seeks to attain during the next biennium.new text begin To the extent possible,
the council shall report on outcome measures.
new text end

Sec. 5.

new text begin [3D.045] COORDINATION WITH LEGISLATIVE AUDITOR.
new text end

new text begin To the extent possible, the commission and the Office of the Legislative Auditor
shall align their work so that audits and program evaluations conducted by the Office
of the Legislative Auditor can inform the work of the commission. The commission
may request the Office of the Legislative Auditor to provide updates on financial audits
and program evaluations the Office of the Legislative Auditor has prepared on agencies
scheduled for Sunset Advisory Commission review.
new text end

Sec. 6.

new text begin [3D.065] REPORT ON PERSONNEL.
new text end

new text begin By September 1 of the odd-numbered year before the year in which a state agency is
subject to sunset review, the commissioner of management and budget must report to the
Sunset Advisory Commission on the number of full-time equivalent employees and the
salary structure for each agency under review.
new text end

Sec. 7.

new text begin [16B.371] ASSISTANCE TO SMALL AGENCIES.
new text end

new text begin (a) The commissioner may provide administrative support services to small agencies.
To promote efficiency and cost-effective use of state resources, and to improve financial
controls, the commissioner may require a small agency to receive administrative support
services through the Department of Administration or through another agency designated
by the commissioner. Services subject to this section include finance, accounting, payroll,
purchasing, human resources, and other services designated by the commissioner. The
commissioner may determine what constitutes a small agency for purposes of this section.
The commissioner, in consultation with the commissioner of management and budget and
small agencies, shall evaluate small agencies' needs for administrative support services.
If the commissioner provides administrative support services to a small agency, the
commissioner must enter into a service level agreement with the agency, specifying the
services to be provided and the costs and anticipated outcomes of the services.
new text end

new text begin (b) The Chicano Latino Affairs Council, the Council on Black Minnesotans, the
Council on Asian-Pacific Minnesotans, the Indian Affairs Council, and the Minnesota
State Council on Disability must use the services specified in paragraph (a).
new text end

new text begin (c) The commissioner of administration may assess agencies for services it provides
under this section. The amounts assessed are appropriated to the commissioner.
new text end

new text begin (d) For agencies covered in this section, the commissioner has the authority to require
the agency to comply with applicable state finance, accounting, payroll, purchasing, and
human resources policies. The agencies served retain the ownership and responsibility for
spending decisions and for ongoing implementation of appropriate business operations.
new text end

Sec. 8.

Minnesota Statutes 2010, section 147.01, subdivision 4, is amended to read:


Subd. 4.

Disclosure.

Subject to the exceptions listed in this subdivision, all
communications or information received by or disclosed to the board relating to any
person or matter subject to its regulatory jurisdiction are confidential and privileged and
any disciplinary hearing shall be closed to the public.

(a) Upon application of a party in a proceeding before the board under section
147.091, the board shall produce and permit the inspection and copying, by or on behalf of
the moving party, of any designated documents or papers relevant to the proceedings, in
accordance with the provisions of rule 34, Minnesota Rules of Civil Procedure.

(b) If the board new text begintakes corrective action or new text endimposes disciplinary measures of any kind,
whether by contested case or by settlement agreement, the name and business address of
the licensee, the nature of the misconduct, and the action taken by the board are public
data. If disciplinary action is taken by settlement agreement, the entire agreement is public
data. The board shall decide disciplinary matters, whether by settlement or by contested
case, by roll call vote. The votes are public data.

(c) The board shall exchange information with other licensing boards, agencies, or
departments within the state, as required under section 214.10, subdivision 8, paragraph
(c), and may release information in the reports required under section 147.02, subdivision
6
.

(d) The board shall upon request furnish to a person who made a complaint, or the
alleged victim of a violation of section 147.091, subdivision 1, paragraph (t), or both, a
description of the activities and actions of the board relating to that complaint, a summary
of the results of an investigation of that complaint, and the reasons for actions taken
by the board.

(e) A probable cause hearing held pursuant to section 147.092 shall be closed to the
public, except for the notices of hearing made public by operation of section 147.092.

(f) Findings of fact, conclusions, and recommendations issued by the administrative
law judge, and transcripts of oral arguments before the board pursuant to a contested case
proceeding in which an administrative law judge found a violation of section 147.091,
subdivision 1
, paragraph (t), are public data.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for all corrective action taken on
or after August 1, 2012.
new text end

Sec. 9.

Minnesota Statutes 2010, section 147.111, is amended by adding a subdivision
to read:


new text begin Subd. 10. new text end

new text begin Failure to report. new text end

new text begin On or after August 1, 2012, any person, health care
facility, business, or organization that fails to report as required under subdivisions 2 to 6
shall be subject to civil penalties for failing to report as required by law.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2012.
new text end

Sec. 10.

Minnesota Statutes 2010, section 148.102, is amended by adding a subdivision
to read:


new text begin Subd. 8. new text end

new text begin Failure to report. new text end

new text begin On or after August 1, 2012, any person or insurer that
fails to report as required under subdivisions 2 to 4 shall be subject to civil penalties for
failing to report as required by law.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2012.
new text end

Sec. 11.

Minnesota Statutes 2010, section 148.261, subdivision 1, is amended to read:


Subdivision 1.

Grounds listed.

The board may deny, revoke, suspend, limit, or
condition the license and registration of any person to practice professional, advanced
practice registered, or practical nursing under sections 148.171 to 148.285, or to otherwise
discipline a licensee or applicant as described in section 148.262. The following are
grounds for disciplinary action:

(1) Failure to demonstrate the qualifications or satisfy the requirements for a license
contained in sections 148.171 to 148.285 or rules of the board. In the case of a person
applying for a license, the burden of proof is upon the applicant to demonstrate the
qualifications or satisfaction of the requirements.

(2) Employing fraud or deceit in procuring or attempting to procure a permit, license,
or registration certificate to practice professional or practical nursing or attempting to
subvert the licensing examination process. Conduct that subverts or attempts to subvert
the licensing examination process includes, but is not limited to:

(i) conduct that violates the security of the examination materials, such as removing
examination materials from the examination room or having unauthorized possession of
any portion of a future, current, or previously administered licensing examination;

(ii) conduct that violates the standard of test administration, such as communicating
with another examinee during administration of the examination, copying another
examinee's answers, permitting another examinee to copy one's answers, or possessing
unauthorized materials; or

(iii) impersonating an examinee or permitting an impersonator to take the
examination on one's own behalf.

(3) Conviction deleted text beginduring the previous five yearsdeleted text end of a felony or gross misdemeanor
reasonably related to the practice of professional, advanced practice registered, or practical
nursing. Conviction as used in this subdivision includes a conviction of an offense that if
committed in this state would be considered a felony or gross misdemeanor without regard
to its designation elsewhere, or a criminal proceeding where a finding or verdict of guilt is
made or returned but the adjudication of guilt is either withheld or not entered.

(4) Revocation, suspension, limitation, conditioning, or other disciplinary action
against the person's professional or practical nursing license or advanced practice
registered nursing credential, in another state, territory, or country; failure to report to the
board that charges regarding the person's nursing license or other credential are pending in
another state, territory, or country; or having been refused a license or other credential by
another state, territory, or country.

(5) Failure to or inability to perform professional or practical nursing as defined in
section 148.171, subdivision 14 or 15, with reasonable skill and safety, including failure
of a registered nurse to supervise or a licensed practical nurse to monitor adequately the
performance of acts by any person working at the nurse's direction.

(6) Engaging in unprofessional conduct, including, but not limited to, a departure
from or failure to conform to board rules of professional or practical nursing practice that
interpret the statutory definition of professional or practical nursing as well as provide
criteria for violations of the statutes, or, if no rule exists, to the minimal standards of
acceptable and prevailing professional or practical nursing practice, or any nursing
practice that may create unnecessary danger to a patient's life, health, or safety. Actual
injury to a patient need not be established under this clause.

(7) Failure of an advanced practice registered nurse to practice with reasonable
skill and safety or departure from or failure to conform to standards of acceptable and
prevailing advanced practice registered nursing.

(8) Delegating or accepting the delegation of a nursing function or a prescribed
health care function when the delegation or acceptance could reasonably be expected to
result in unsafe or ineffective patient care.

(9) Actual or potential inability to practice nursing with reasonable skill and safety
to patients by reason of illness, use of alcohol, drugs, chemicals, or any other material, or
as a result of any mental or physical condition.

(10) Adjudication as mentally incompetent, mentally ill, a chemically dependent
person, or a person dangerous to the public by a court of competent jurisdiction, within or
without this state.

(11) Engaging in any unethical conduct, including, but not limited to, conduct likely
to deceive, defraud, or harm the public, or demonstrating a willful or careless disregard
for the health, welfare, or safety of a patient. Actual injury need not be established under
this clause.

(12) Engaging in conduct with a patient that is sexual or may reasonably be
interpreted by the patient as sexual, or in any verbal behavior that is seductive or sexually
demeaning to a patient, or engaging in sexual exploitation of a patient or former patient.

(13) Obtaining money, property, or services from a patient, other than reasonable
fees for services provided to the patient, through the use of undue influence, harassment,
duress, deception, or fraud.

(14) Revealing a privileged communication from or relating to a patient except when
otherwise required or permitted by law.

(15) Engaging in abusive or fraudulent billing practices, including violations of
federal Medicare and Medicaid laws or state medical assistance laws.

(16) Improper management of patient records, including failure to maintain adequate
patient records, to comply with a patient's request made pursuant to sections 144.291 to
144.298, or to furnish a patient record or report required by law.

(17) Knowingly aiding, assisting, advising, or allowing an unlicensed person to
engage in the unlawful practice of professional, advanced practice registered, or practical
nursing.

(18) Violating a rule adopted by the board, an order of the board, or a state or federal
law relating to the practice of professional, advanced practice registered, or practical
nursing, or a state or federal narcotics or controlled substance law.

(19) Knowingly providing false or misleading information that is directly related
to the care of that patient unless done for an accepted therapeutic purpose such as the
administration of a placebo.

(20) Aiding suicide or aiding attempted suicide in violation of section 609.215 as
established by any of the following:

(i) a copy of the record of criminal conviction or plea of guilty for a felony in
violation of section 609.215, subdivision 1 or 2;

(ii) a copy of the record of a judgment of contempt of court for violating an
injunction issued under section 609.215, subdivision 4;

(iii) a copy of the record of a judgment assessing damages under section 609.215,
subdivision 5
; or

(iv) a finding by the board that the person violated section 609.215, subdivision
1
or 2. The board shall investigate any complaint of a violation of section 609.215,
subdivision 1
or 2.

(21) Practicing outside the scope of practice authorized by section 148.171,
subdivision 5
, 10, 11, 13, 14, 15, or 21.

(22) Practicing outside the specific field of nursing practice for which an advanced
practice registered nurse is certified unless the practice is authorized under section 148.284.

(23) Making a false statement or knowingly providing false information to the
board, failing to make reports as required by section 148.263, or failing to cooperate with
an investigation of the board as required by section 148.265.

(24) Engaging in false, fraudulent, deceptive, or misleading advertising.

(25) Failure to inform the board of the person's certification status as a nurse
anesthetist, nurse-midwife, nurse practitioner, or clinical nurse specialist.

(26) Engaging in clinical nurse specialist practice, nurse-midwife practice, nurse
practitioner practice, or registered nurse anesthetist practice without current certification
by a national nurse certification organization acceptable to the board, except during the
period between completion of an advanced practice registered nurse course of study and
certification, not to exceed six months or as authorized by the board.

(27) Engaging in conduct that is prohibited under section 145.412.

(28) Failing to report employment to the board as required by section 148.211,
subdivision 2a
, or knowingly aiding, assisting, advising, or allowing a person to fail to
report as required by section 148.211, subdivision 2a.

Sec. 12.

Minnesota Statutes 2010, section 148.263, is amended by adding a subdivision
to read:


new text begin Subd. 7. new text end

new text begin Failure to report. new text end

new text begin On or after August 1, 2012, any person, institution,
insurer, or organization that fails to report as required under subdivisions 2 to 5 shall be
subject to civil penalties for failing to report as required by law.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2012.
new text end

Sec. 13.

Minnesota Statutes 2010, section 148B.07, is amended by adding a
subdivision to read:


new text begin Subd. 10. new text end

new text begin Failure to report. new text end

new text begin On or after August 1, 2012, any person, institution,
insurer, or organization that fails to report as required under subdivisions 2 to 6 shall be
subject to civil penalties for failing to report as required by law.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2012.
new text end

Sec. 14.

Minnesota Statutes 2010, section 148C.095, is amended by adding a
subdivision to read:


new text begin Subd. 8. new text end

new text begin Failure to report. new text end

new text begin On or after August 1, 2012, any person, institution,
insurer, or organization that fails to report as required under subdivisions 2 to 5 shall be
subject to civil penalties for failing to report as required by law.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2012.
new text end

Sec. 15.

Minnesota Statutes 2010, section 148E.285, is amended by adding a
subdivision to read:


new text begin Subd. 4. new text end

new text begin Failure to report. new text end

new text begin On or after August 1, 2012, any person, institution, or
organization that fails to report as required under subdivisions 1 and 2 shall be subject
to civil penalties for failing to report as required by law.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2012.
new text end

Sec. 16.

Minnesota Statutes 2010, section 150A.13, is amended by adding a
subdivision to read:


new text begin Subd. 10. new text end

new text begin Failure to report. new text end

new text begin On or after August 1, 2012, any person, institution,
insurer, or organization that fails to report as required under subdivisions 2 to 6 shall be
subject to civil penalties for failing to report as required by law.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2012.
new text end

Sec. 17.

Minnesota Statutes 2010, section 153.24, is amended by adding a subdivision
to read:


new text begin Subd. 8. new text end

new text begin Failure to report. new text end

new text begin On or after August 1, 2012, any person, institution, or
insurer that fails to report as required under subdivisions 2 to 5 shall be subject to civil
penalties for failing to report as required by law.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2012.
new text end

Sec. 18.

Minnesota Statutes 2010, section 214.06, subdivision 1, is amended to read:


Subdivision 1.

deleted text beginFee adjustmentdeleted text endnew text begin Fees to recover expendituresnew text end.

deleted text beginNotwithstanding
any law to the contrary, the commissioner of health as authorized by section 214.13, all
health-related licensing boards and all non-health-related licensing boards shall by rule,
with the approval of the commissioner of management and budget, adjust, as needed,
any fee which the commissioner of health or the board is empowered to assess.
deleted text endnew text begin The
commissioner of health as authorized by section 214.13 and all health-related licensing
boards and non-health-related licensing boards shall propose or adjust any fee according
to section 16A.1283.
new text end As provided in section 16A.1285, the deleted text beginadjustmentdeleted text endnew text begin feesnew text end shall be
an amount sufficient so that the total fees collected by each board will be based on
anticipated expenditures, including expenditures for the programs authorized by sections
214.10, 214.103, 214.11, 214.17 to 214.24, 214.28 to 214.37, and 214.40, except that a
health-related licensing board may have anticipated expenditures in excess of anticipated
revenues in a biennium by using accumulated surplus revenues from fees collected by
that board in previous bienniums.new text begin A health-related licensing board may accumulate up
to six months of operating funds, and then must reduce fees.
new text end A health-related licensing
board shall not spend more money than the amount appropriated by the legislature
for a biennium. For members of an occupation registered after July 1, 1984, by the
commissioner of health under the provisions of section 214.13, the fee established must
include an amount necessary to recover, over a five-year period, the commissioner's
direct expenditures for adoption of the rules providing for registration of members of the
occupation. All fees received shall be deposited in the state treasury.

Sec. 19.

Minnesota Statutes 2010, section 214.06, subdivision 1a, is amended to read:


Subd. 1a.

Health occupations licensing account.

new text begin(a) new text endFees received by the
commissioner of health or health-related licensing boards must be credited to the health
occupations licensing account in the state government special revenue fund. The
commissioner of management and budget shall ensure that the revenues and expenditures
of each health-related licensing board are tracked separately in the health occupations
licensing account.

new text begin (b) The fees collected must be used only by the boards identified in section
214.01, subdivision 2, and the commissioner of health, as the regulator for occupational
therapy practitioners, speech-language pathologists, audiologists, and hearing instrument
dispensers, and only for the purposes of the programs they administer. The legislature
must not transfer money generated by these fees from the state government special
revenue fund to the general fund.
new text end

Sec. 20.

Minnesota Statutes 2010, section 214.06, is amended by adding a subdivision
to read:


new text begin Subd. 1b. new text end

new text begin Health-related licensing boards; surcharges. new text end

new text begin When a health-related
licensing board imposes a surcharge, the surcharge must not be incorporated as a fee
increase, but must be made as a separate assessment to be paid by the individuals regulated
by the board.
new text end

Sec. 21.

new text begin [214.072] HEALTH-RELATED LICENSING BOARDS; WEB SITE.
new text end

new text begin (a) Each health-related licensing board, as defined in section 214.01, subdivision 2,
and the commissioner of health, as the regulator for occupational therapy practitioners,
speech-language pathologists, audiologists, and hearing instrument dispensers, are
required to post on its public Web site the name and business address of each regulated
individual who has:
new text end

new text begin (1) a conviction during the previous ten years of a felony or gross misdemeanor.
Conviction includes a conviction of an offense that if committed in this state would be
considered a felony or gross misdemeanor without regard to its designation elsewhere,
or a criminal proceeding where a finding or verdict of guilt is made or returned but the
adjudication of guilt is either withheld or not entered;
new text end

new text begin (2) a malpractice judgment entered against the regulated individual in any state
or jurisdiction within the past ten years and malpractice settlements entered against
the regulated individual in any state or jurisdiction if there have been more than three
within the past ten years. Information describing the judgments and settlements shall be
developed by the boards, shall be stated in plain English, and shall ensure the public
understands the context of the action involving the licensee; or
new text end

new text begin (3) any disciplinary or corrective action or restriction of privileges taken against the
individual's license by a licensing board in this state or in any other state or jurisdiction.
The Web site shall identify the basis for disciplinary action, the type of disciplinary action
taken, and whether the action was taken by a licensing board in this or another state or by
the federal government.
new text end

new text begin (b) Each board and the commissioner of health must post in-state information
required in paragraph (a) no later than January 1, 2013. Information from other states and
jurisdictions must be posted no later than July 1, 2013.
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

Sec. 22.

new text begin [214.073] HEALTH-RELATED LICENSING BOARDS; AUTHORITY.
new text end

new text begin (a) Each health-related licensing board, as defined in section 214.01, subdivision 2,
and the commissioner of health, as the regulator for occupational therapy practitioners,
speech-language pathologists, audiologists, and hearing instrument dispensers, shall
require an applicant on or after August 1, 2012, to provide the individual's primary
business address at the time of initial application and all subsequent renewals.
new text end

new text begin (b) Each health-related licensing board, as defined in section 214.01, subdivision 2,
and the commissioner of health, as the regulator for occupational therapy practitioners,
speech-language pathologists, audiologists, and hearing instrument dispensers, shall have
the authority to conduct criminal background checks on all applicants, at the expense of
the individual. The boards and the commissioner shall establish a protocol for conducting
criminal background checks no later than January 1, 2013. This protocol must be effective
January 1, 2014, and require the applicant to:
new text end

new text begin (1) submit a full set of fingerprints to the board or its designee in a form and manner
specified by the board; and
new text end

new text begin (2) provide consent authorizing the board to obtain the individual's state and national
criminal history record information for the purpose of determining the individual's
suitability for receiving a credential to practice.
new text end

new text begin (c) The health-related licensing boards and the commissioner of health shall study:
the value of implementing a requirement for criminal background checks for existing
regulated individuals; how to utilize criminal background checks that have already been
performed on these individuals; and how to implement any new requirements in the most
cost effective way possible. The plan will include recommendations for any necessary
statutory changes and shall seek to minimize duplication of requirements for background
studies.
new text end

new text begin (d) Each health-related licensing board, as defined in section 214.01, subdivision 2,
and the commissioner of health, as the regulator for occupational therapy practitioners,
speech-language pathologists, audiologists, and hearing instrument dispensers, shall
submit legislation for consideration in 2013 to require institutions, professional societies,
other licensed professionals, and insurers and other entities to report conduct constituting
grounds for disciplinary action to the respective regulatory entity. Each board and the
commissioner must include penalties that may be imposed for failure to report. Boards
with reporting obligations in statutes are exempt from this paragraph.
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

Sec. 23.

new text begin [214.0732] REQUIREMENT FOR CRIMINAL BACKGROUND
CHECK.
new text end

new text begin Subdivision 1. new text end

new text begin Applicants. new text end

new text begin Each health-related licensing board, as defined in section
214.01, subdivision 2, and the commissioner of health, as regulator for occupational
therapy practitioners, speech-language pathologists, audiologists, and hearing instrument
dispensers, shall complete a fingerprint-based criminal background check on each
applicant for initial licensure or other credential prior to granting a credential to practice.
Each applicant must:
new text end

new text begin (1) submit a full set of fingerprints to the commissioner or board or its designee in a
form and manner specified by the commissioner or board; and
new text end

new text begin (2) provide consent authorizing the board or commissioner to obtain the applicant's
state and national criminal history record information for the purpose of determining the
applicant's suitability and eligibility for a credential to practice.
new text end

new text begin Subd. 2. new text end

new text begin Fees. new text end

new text begin The applicant shall be responsible for all fees associated with
preparation of the fingerprints and the criminal background check and the fees are not
refundable.
new text end

new text begin Subd. 3. new text end

new text begin Refusal to consent. new text end

new text begin The boards and the commissioner of health shall
not issue a credential to practice to any applicant who refuses to consent to a criminal
background check or fails to submit fingerprints within 90 days after the application is
submitted. Any fees paid by the applicant to a board or commissioner shall be forfeited
if the applicant refuses to consent to the criminal background check or fails to submit
fingerprints.
new text end

new text begin Subd. 4. new text end

new text begin Submission of fingerprints. new text end

new text begin A board or its designee and the commissioner
of health shall submit applicant fingerprints to the Minnesota Bureau of Criminal
Apprehension (BCA). The BCA shall perform a check for state criminal justice
information and shall forward the applicant's fingerprints to the Federal Bureau of
Investigation to perform a check for national criminal justice information regarding the
applicant. The BCA shall report to the board or the commissioner the results of the state
and national background checks.
new text end

new text begin Subd. 5. new text end

new text begin Alternative to fingerprint-based background check. new text end

new text begin A board or the
commissioner of health may require an alternative method of criminal history background
check for an applicant who has submitted at least three sets of fingerprints under this
section that cannot be read.
new text end

new text begin Subd. 6. new text end

new text begin Opportunity to challenge accuracy of report. new text end

new text begin Prior to taking disciplinary
action against an applicant based on a criminal conviction, a board or the commissioner
of health shall provide the applicant with the opportunity to complete, or challenge the
accuracy of, the criminal justice information reported to the board or commissioner. The
applicant shall have 30 calendar days following notice from a board or the commissioner
of the intent to take disciplinary action on a license to request an opportunity to correct or
complete the record prior to a board or the commissioner taking disciplinary action based
on the report. The applicant shall be allowed up to 180 days to challenge the accuracy or
completeness of the report with the agency that is responsible for the record.
new text end

new text begin Subd. 7. new text end

new text begin Disciplinary action. new text end

new text begin A board or the commissioner of health shall review
each criminal history report and determine whether the criminal convictions, if any, relate
to the practice of the regulated profession or occupation. If the criminal convictions are
found to relate to the profession or occupation, the regulating board or commissioner
may take any disciplinary action allowed by the respective practice act and pursuant
to sections 214.10 and 214.103.
new text end

new text begin Subd. 8. new text end

new text begin Factors to be considered. new text end

new text begin In determining whether an applicant is suitable
to receive a credential to practice, a board or the commissioner of health shall consider:
new text end

new text begin (1) the number of crimes for which the applicant has been convicted;
new text end

new text begin (2) the nature and seriousness of the crimes and vulnerability of the victims of the
crimes, including whether the commission of the crimes involved the abuse of trust or the
exploitation of a unique position or knowledge;
new text end

new text begin (3) the relationship between the crimes and the practice of the applicable profession
or occupation;
new text end

new text begin (4) the age of the applicant at the time the crimes were committed;
new text end

new text begin (5) the amount of time that has elapsed since the crimes occurred;
new text end

new text begin (6) steps taken by the applicant to address substance abuse or mental or physical
health issues present at the time of the crimes or subsequent to the crimes;
new text end

new text begin (7) evidence of the applicant's work history;
new text end

new text begin (8) whether the applicant has successfully completed the terms of any sentence
imposed; and
new text end

new text begin (9) any other evidence demonstrating the applicant does not pose a risk of harm to
the health or safety of the public.
new text end

new text begin Subd. 9. new text end

new text begin Conviction. new text end

new text begin For purposes of this section, an applicant is considered to
have been convicted of a crime if the applicant has pleaded guilty or nolo contendere,
been found guilty, or entered an Alford plea to any offense by any court in the state of
Minnesota or similar offense in another state or United States territory or federal court.
An applicant is considered to have been convicted of a crime if the applicant has been
convicted or found guilty but adjudication was withheld. A board or the commissioner of
health may consider public records from a juvenile delinquency proceeding where there
has been a judicial determination that the elements of the offense occurred.
new text end

new text begin Subd. 10. new text end

new text begin Data practices. new text end

new text begin Fingerprints and all criminal history record information
obtained by the boards or the commissioner of health is private data on individuals under
section 13.02, subdivision 12, and restricted to the exclusive use of the board and its
members and staff, the commissioner, investigative staff, agents, and attorneys for the
purpose of evaluating an applicant's eligibility or qualifications to practice. The boards and
the commissioner shall maintain fingerprints and the criminal history records information
in a secure manner and comply with all applicable state and federal requirements.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2013, or as soon as the
necessary agency interagency infrastructure and related business processes are operational,
whichever is later.
new text end

Sec. 24. new text beginSUNSET ADVISORY COMMISSION; DEPARTMENT OF HEALTH
REVIEW.
new text end

new text begin The Sunset Advisory Commission review of the Department of Health in 2013
and 2014 must include an analysis of the extent to which health occupations should be
licensed by the Department of Health, and the extent to which occupations should be
licensed by licensing boards.
new text end

Sec. 25. new text beginREPORT; INVESTIGATIONS FOR HEALTH-RELATED LICENSING
BOARDS.
new text end

new text begin The health-related licensing boards and the attorney general shall review and
make recommendations to the legislature by January 15, 2013, on the respective roles
of the boards and the attorney general in conducting investigations of licensees of the
health-related licensing boards.
new text end

Sec. 26. new text beginREPORT; INFORMATION SYSTEMS FOR LICENSING BOARDS.
new text end

new text begin The chief information officer of the Office of Enterprise Technology and the
commissioner of administration shall report to the legislature by January 15, 2013, on the
best method of providing electronic licensing systems to the health-related licensing
boards.
new text end

Sec. 27. new text beginREPORT; HEALTH-RELATED LICENSING BOARD FEES.
new text end

new text begin Each health-related licensing board, as defined in section 214.01, subdivision 2,
and the commissioner of health, as the regulator for occupational therapy practitioners,
speech-language pathologists, audiologists, and hearing instrument dispensers, shall
report to the chair and lead minority member of the senate and house of representatives
committees with jurisdiction over health and human services finance by January 15,
2013, on the degree to which fees imposed by the board comply with Minnesota Statutes,
sections 214.055 and 214.06. If a board determines that its fees are expected to produce
more revenue than needed to recover expenditures during a five-year period, the board
must propose reductions in those fees to the legislature.
new text end

Sec. 28. new text beginREPORTS; ADMINISTRATIVE SUPPORT SERVICES.
new text end

new text begin (a) The commissioner of administration shall report to the legislature by January 15,
2013, on use of the SMART program by executive branch agencies.
new text end

new text begin (b) The administrative services unit of health-related licensing boards shall report to
the legislature by January 15, 2013, evaluating use of the units' services by health-related
licensing boards.
new text end

Sec. 29. new text beginMEDICAL PRACTICE ACT; STUDY.
new text end

new text begin (a) The commissioner of health shall convene a working group to evaluate the state's
Medical Practice Act to ensure that it effectively protects the safety and well-being of the
citizens of the state and allows transparency. In this evaluation, the working group shall
consider practice acts in other states, including conduct that may result in disciplinary
action.
new text end

new text begin (b) Members of the working group shall include:
new text end

new text begin (1) two members of the Board of Medical Practice;
new text end

new text begin (2) two practicing physicians recommended by the Minnesota Medical Association;
new text end

new text begin (3) two medical educators, one from the University of Minnesota and one from the
Mayo Clinic;
new text end

new text begin (4) two senators, one from each caucus, appointed by the subcommittee on
committees, and two members of the house of representatives, one from each caucus,
appointed by the speaker;
new text end

new text begin (5) consumers; and
new text end

new text begin (6) experts in the field of medical practice.
new text end

new text begin The majority of the working group must be composed of members who have no
current or past affiliation with the Board of Medical Practice.
new text end

new text begin (c) Compensation for working group members is subject to Minnesota Statutes,
section 15.059, subdivision 3, and must be paid from the operating funds of the Board
of Medical Practice. The cost of the contract under paragraph (a) must be paid from the
operating funds of the Board of Medical Practice.
new text end

new text begin (d) The working group must elect a chair from its members.
new text end

new text begin (e) Meetings of the working group shall be open to the public.
new text end

new text begin (f) The board shall submit the report of the working group and legislation modifying
the practice act for consideration during the 2013 legislative session.
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

Sec. 30. new text beginBOARD OF MEDICAL PRACTICE REVIEW.
new text end

new text begin (a) As provided in Minnesota Statutes, section 3.97, subdivision 3a, paragraph
(b), the Legislative Audit Commission is requested to direct the legislative auditor to
prepare a scoping document in response to the Sunset Advisory Commission's request
for an evaluation of the Minnesota Medical Practice Act and its implementation by the
Minnesota Board of Medical Practice.
new text end

new text begin (b) If the Office of the Legislative Auditor is not authorized to carry out the study
in paragraph (a) by July 1, 2012, the commissioner of administration must contract for
a programmatic and structural review of the Minnesota Board of Medical Practice. The
commissioner must contract with the Federation of State Medical Boards to conduct the
study. A copy of the review's work plan must be submitted to the chair and vice-chair
of the Sunset Advisory Commission for review and comment. The review must be
completed and submitted to the Sunset Advisory Commission and the senate and house of
representatives policy committees having jurisdiction over the board by January 1, 2013.
new text end

new text begin (c) $45,000 from the state government special revenue fund is appropriated to the
commissioner for the study. Up to five percent of the appropriation is available to the
commissioner for administrative costs related to the study.
new text end

Sec. 31. new text beginAPPROPRIATION.
new text end

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

Sec. 32. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2010, sections 138A.01; 138A.02; 138A.03; 138A.04; 138A.05;
and 138A.06,
new text end new text begin are repealed effective the day following final enactment.
new text end

ARTICLE 3

TRANSFER OF COMBATIVE SPORTS DUTIES

Section 1.

Minnesota Statutes 2010, section 341.21, is amended by adding a
subdivision to read:


new text begin Subd. 3a. new text end

new text begin Commissioner. new text end

new text begin "Commissioner" means the commissioner of labor and
industry.
new text end

Sec. 2.

new text begin [341.221] ADVISORY COUNCIL.
new text end

new text begin The commissioner must appoint a Combative Sports Advisory Council to advise
the commissioner on administration of duties under this chapter. The council must
include members knowledgeable in the boxing and mixed martial arts industries and
public members. Membership terms, removal of members, filling of vacancies, and
compensation of members is as provided in section 15.059.
new text end

Sec. 3.

Minnesota Statutes 2010, section 341.28, subdivision 1, is amended to read:


Subdivision 1.

Regulatory authority; combative sports.

All combative sport
contests are subject to this chapter. deleted text beginThe commission shall, for every combative sport
contest:
deleted text end

deleted text begin (1) direct a commission member to be present; and
deleted text end

deleted text begin (2) direct the attending commission member to make a written report of the contest.
deleted text end

All combative sport contests within this state must be conducted according to the
requirements of this chapter.

Sec. 4.

Minnesota Statutes 2010, section 341.37, is amended to read:


341.37 APPROPRIATION.

A deleted text begincommissiondeleted text endnew text begin combative sportsnew text end account is created in the special revenue fund.
Money in the account is annually appropriated to the deleted text begincommissiondeleted text endnew text begin commissionernew text end for the
purposes of conducting its statutory responsibilities and obligationsnew text begin under this chapternew text end.

Sec. 5. new text beginTRANSFER OF DUTIES.
new text end

new text begin The Combative Sports Commission is abolished. Duties of the commission are
transferred to the commissioner of labor and industry. Minnesota Statutes, section 15.039,
subdivisions 1 to 6, apply to this transfer.
new text end

Sec. 6. new text beginREVISOR'S INSTRUCTION.
new text end

new text begin The revisor of statutes shall substitute the term "commissioner" for "commission" in
each place the term "commission" appears in Minnesota Statutes, chapter 341.
new text end

Sec. 7. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2010, sections 341.21, subdivisions 3 and 4a; 341.22; 341.23;
341.24; and 341.26,
new text end new text begin are repealed.
new text end

Sec. 8. new text beginEFFECTIVE DATE.
new text end

new text begin This article is effective July 1, 2013.
new text end

ARTICLE 4

ALCOHOL AND DRUG COUNSELORS

Section 1.

new text begin [148F.001] SCOPE.
new text end

new text begin This chapter applies to all applicants and licensees, all persons who use the title
alcohol and drug counselor, and all persons in or out of this state who provide alcohol
and drug counseling services to clients who reside in this state unless there are specific
applicable exemptions provided by law.
new text end

Sec. 2.

new text begin [148F.010] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Scope. new text end

new text begin For purposes of this chapter, the terms in this section have
the meanings given.
new text end

new text begin Subd. 2. new text end

new text begin Abuse. new text end

new text begin "Abuse" means a maladaptive pattern of substance use leading to
clinically significant impairment or distress, as manifested by one or more of the following
occurring at any time during the same 12-month period:
new text end

new text begin (1) recurrent substance use resulting in a failure to fulfill major role obligations at
work, school, or home;
new text end

new text begin (2) recurrent substance use in situations in which it is physically hazardous;
new text end

new text begin (3) recurrent substance-related legal problems; and
new text end

new text begin (4) continued substance use despite having persistent or recurrent social or
interpersonal problems caused or exacerbated by the effects of the substance.
new text end

new text begin Subd. 3. new text end

new text begin Accredited school or educational program. new text end

new text begin "Accredited school or
educational program" means a school of alcohol and drug counseling, university, college,
or other postsecondary education program that, at the time the student completes
the program, is accredited by a regional accrediting association whose standards are
substantially equivalent to those of the North Central Association of Colleges and
Postsecondary Education Institutions or an accrediting association that evaluates schools
of alcohol and drug counseling for inclusion of the education, practicum, and core function
standards in this chapter.
new text end

new text begin Subd. 4. new text end

new text begin Alcohol and drug counseling practicum. new text end

new text begin "Alcohol and drug counseling
practicum" means formal experience gained by a student and supervised by a person either
licensed under this chapter or exempt under its provisions, as part of an accredited school
or educational program of alcohol and drug counseling.
new text end

new text begin Subd. 5. new text end

new text begin Alcohol and drug counselor. new text end

new text begin "Alcohol and drug counselor" means a
person who holds a valid license issued under this chapter to engage in the practice of
alcohol and drug counseling.
new text end

new text begin Subd. 6. new text end

new text begin Applicant. new text end

new text begin "Applicant" means a person seeking a license or temporary
permit under this chapter.
new text end

new text begin Subd. 7. new text end

new text begin Board. new text end

new text begin "Board" means the Board of Behavioral Health and Therapy
established in section 148B.51.
new text end

new text begin Subd. 8. new text end

new text begin Client. new text end

new text begin "Client" means an individual who is the recipient of any of the
alcohol and drug counseling services described in this section. Client also means "patient"
as defined in section 144.291, subdivision 2, paragraph (g).
new text end

new text begin Subd. 9. new text end

new text begin Competence. new text end

new text begin "Competence" means the ability to provide services within
the practice of alcohol and drug counseling as defined in subdivision 19, that:
new text end

new text begin (1) are rendered with reasonable skill and safety;
new text end

new text begin (2) meet minimum standards of acceptable and prevailing practice as described
in section 148F.120; and
new text end

new text begin (3) take into account human diversity.
new text end

new text begin Subd. 10. new text end

new text begin Core functions. new text end

new text begin "Core functions" means the following services provided
in alcohol and drug treatment:
new text end

new text begin (1) "screening" means the process by which a client is determined appropriate and
eligible for admission to a particular program;
new text end

new text begin (2) "intake" means the administrative and initial assessment procedures for
admission to a program;
new text end

new text begin (3) "orientation" means describing to the client the general nature and goals of the
program; rules governing client conduct and infractions that can lead to disciplinary
action or discharge from the program; in a nonresidential program, the hours during which
services are available; treatment costs to be borne by the client, if any; and client's rights;
new text end

new text begin (4) "assessment" means those procedures by which a counselor identifies and
evaluates an individual's strengths, weaknesses, problems, and needs to develop a
treatment plan or make recommendations for level of care placement;
new text end

new text begin (5) "treatment planning" means the process by which the counselor and the client
identify and rank problems needing resolution; establish agreed-upon immediate and
long-term goals; and decide on a treatment process and the sources to be utilized;
new text end

new text begin (6) "counseling" means the utilization of special skills to assist individuals, families,
or groups in achieving objectives through exploration of a problem and its ramifications;
examination of attitudes and feelings; consideration of alternative solutions; and decision
making;
new text end

new text begin (7) "case management" means activities that bring services, agencies, resources,
or people together within a planned framework of action toward the achievement of
established goals;
new text end

new text begin (8) "crisis intervention" means those services which respond to an alcohol or other
drug user's needs during acute emotional or physical distress;
new text end

new text begin (9) "client education" means the provision of information to clients who are
receiving or seeking counseling concerning alcohol and other drug abuse and the available
services and resources;
new text end

new text begin (10) "referral" means identifying the needs of the client which cannot be met by the
counselor or agency and assisting the client to utilize the support systems and available
community resources;
new text end

new text begin (11) "reports and record keeping" means charting the results of the assessment
and treatment plan and writing reports, progress notes, discharge summaries, and other
client-related data; and
new text end

new text begin (12) "consultation with other professionals regarding client treatment and services"
means communicating with other professionals in regard to client treatment and services
to assure comprehensive, quality care for the client.
new text end

new text begin Subd. 11. new text end

new text begin Credential. new text end

new text begin "Credential" means a license, permit, certification,
registration, or other evidence of qualification or authorization to engage in the practice of
an occupation in any state or jurisdiction.
new text end

new text begin Subd. 12. new text end

new text begin Dependent on the provider. new text end

new text begin "Dependent on the provider" means that the
nature of a former client's emotional or cognitive condition and the nature of the services
by the provider are such that the provider knows or should have known that the former
client is unable to withhold consent to sexually exploitative behavior by the provider.
new text end

new text begin Subd. 13. new text end

new text begin Familial. new text end

new text begin "Familial" means of, involving, related to, or common to a
family member as defined in subdivision 14.
new text end

new text begin Subd. 14. new text end

new text begin Family member or member of the family. new text end

new text begin "Family member" or
"member of the family" means a spouse, parent, offspring, sibling, grandparent,
grandchild, uncle, aunt, niece, or nephew, or an individual who serves in the role of one of
the foregoing.
new text end

new text begin Subd. 15. new text end

new text begin Group clients. new text end

new text begin "Group clients" means two or more individuals who are
each a corecipient of alcohol and drug counseling services. Group clients may include,
but are not limited to, two or more family members, when each is the direct recipient of
services, or each client receiving group counseling services.
new text end

new text begin Subd. 16. new text end

new text begin Informed consent. new text end

new text begin "Informed consent" means an agreement between
a provider and a client that authorizes the provider to engage in a professional activity
affecting the client. Informed consent requires:
new text end

new text begin (1) the provider to give the client sufficient information so the client is able to decide
knowingly whether to agree to the proposed professional activity;
new text end

new text begin (2) the provider to discuss the information in language that the client can reasonably
be expected to understand; and
new text end

new text begin (3) the client's consent to be given without undue influence by the provider.
new text end

new text begin Subd. 17. new text end

new text begin Licensee. new text end

new text begin "Licensee" means a person who holds a valid license under
this chapter.
new text end

new text begin Subd. 18. new text end

new text begin Practice of alcohol and drug counseling. new text end

new text begin "Practice of alcohol and
drug counseling" means the observation, description, evaluation, interpretation, and
modification of human behavior by the application of core functions as it relates to the
harmful or pathological use or abuse of alcohol or other drugs. The practice of alcohol
and drug counseling includes, but is not limited to, the following activities, regardless of
whether the counselor receives compensation for the activities:
new text end

new text begin (1) assisting clients who use alcohol or drugs, evaluating that use, and recognizing
dependency if it exists;
new text end

new text begin (2) assisting clients with alcohol or other drug problems to gain insight and
motivation aimed at resolving those problems;
new text end

new text begin (3) providing experienced professional guidance, assistance, and support for the
client's efforts to develop and maintain a responsible functional lifestyle;
new text end

new text begin (4) recognizing problems outside the scope of the counselor's training, skill, or
competence and referring the client to other appropriate professional services;
new text end

new text begin (5) diagnosing the level of alcohol or other drug use involvement to determine the
level of care;
new text end

new text begin (6) individual planning to prevent a return to harmful alcohol or chemical use;
new text end

new text begin (7) alcohol and other drug abuse education for clients;
new text end

new text begin (8) consultation with other professionals;
new text end

new text begin (9) gaining diversity awareness through ongoing training and education; and
new text end

new text begin (10) providing the above services, as needed, to family members or others who are
directly affected by someone using alcohol or other drugs.
new text end

new text begin Subd. 19. new text end

new text begin Practice foundation. new text end

new text begin "Practice foundation" means that an alcohol and
drug counseling service or continuing education activity is based upon observations,
methods, procedures, or theories that are generally accepted by the professional
community in alcohol and drug counseling.
new text end

new text begin Subd. 20. new text end

new text begin Private information. new text end

new text begin "Private information" means any information,
including, but not limited to, client records as defined in section 148F.150, test results,
or test interpretations developed during a professional relationship between a provider
and a client.
new text end

new text begin Subd. 21. new text end

new text begin Provider. new text end

new text begin "Provider" means a licensee, a temporary permit holder, or an
applicant.
new text end

new text begin Subd. 22. new text end

new text begin Public statement. new text end

new text begin "Public statement" means any statement,
communication, or representation by a provider to the public regarding the provider or
the provider's professional services or products. Public statements include, but are not
limited to, advertising, representations in reports or letters, descriptions of credentials
and qualifications, brochures and other descriptions of services, directory listings,
personal resumes or curricula vitae, comments for use in the media, Web sites, grant and
credentialing applications, or product endorsements.
new text end

new text begin Subd. 23. new text end

new text begin Report. new text end

new text begin "Report" means any written or oral professional communication,
including a letter, regarding a client or subject that includes one or more of the following:
historical data, behavioral observations, opinions, diagnostic or evaluative statements,
or recommendations. The testimony of a provider as an expert or fact witness in a
legal proceeding also constitutes a report. For purposes of this chapter, letters of
recommendation for academic or career purposes are not considered reports.
new text end

new text begin Subd. 24. new text end

new text begin Significant risks and benefits. new text end

new text begin "Significant risks and benefits" means
those risks and benefits that are known or reasonably foreseeable by the provider,
including the possible range and likelihood of outcomes, and that are necessary for the
client to know in order to decide whether to give consent to proposed services or to
reasonable alternative services.
new text end

new text begin Subd. 25. new text end

new text begin Student. new text end

new text begin "Student" means an individual who is enrolled in a program in
alcohol and drug counseling at an accredited educational institution, or who is taking an
alcohol and drug counseling course or practicum for credit.
new text end

new text begin Subd. 26. new text end

new text begin Supervisee. new text end

new text begin "Supervisee" means an individual whose supervision is
required to obtain credentialing by a licensure board or to comply with a board order.
new text end

new text begin Subd. 27. new text end

new text begin Supervisor. new text end

new text begin "Supervisor" means a licensed alcohol and drug counselor
licensed under this chapter or other licensed professional practicing alcohol and drug
counseling under section 148F.110, who meets the requirements of section 148F.040,
subdivision 3, and who provides supervision to persons seeking licensure under section
148F.025, subdivision 3, paragraph (2), clause (ii).
new text end

new text begin Subd. 28. new text end

new text begin Test. new text end

new text begin "Test" means any instrument, device, survey, questionnaire,
technique, scale, inventory, or other process which is designed or constructed for the
purpose of measuring, evaluating, assessing, describing, or predicting personality,
behavior, traits, cognitive functioning, aptitudes, attitudes, skills, values, interests,
abilities, or other characteristics of individuals.
new text end

new text begin Subd. 29. new text end

new text begin Unprofessional conduct. new text end

new text begin "Unprofessional conduct" means any conduct
violating sections 148F.001 to 148F.205, or any conduct that fails to conform to the
minimum standards of acceptable and prevailing practice necessary for the protection
of the public.
new text end

new text begin Subd. 30. new text end

new text begin Variance. new text end

new text begin "Variance" means board-authorized permission to comply with
a law or rule in a manner other than that generally specified in the law or rule.
new text end

Sec. 3.

new text begin [148F.015] DUTIES OF THE BOARD.
new text end

new text begin The board shall:
new text end

new text begin (1) adopt and enforce rules for licensure and regulation of alcohol and drug
counselors and temporary permit holders, including a standard disciplinary process and
rules of professional conduct;
new text end

new text begin (2) issue licenses and temporary permits to qualified individuals under sections
148F.001 to 148F.205;
new text end

new text begin (3) carry out disciplinary actions against licensees and temporary permit holders;
new text end

new text begin (4) educate the public about the existence and content of the regulations for alcohol
and drug counselor licensing to enable consumers to file complaints against licensees who
may have violated the rules; and
new text end

new text begin (5) collect nonrefundable license fees for alcohol and drug counselors.
new text end

Sec. 4.

new text begin [148F.020] DUTY TO MAINTAIN CURRENT INFORMATION.
new text end

new text begin All individuals licensed as alcohol and drug counselors, all individuals with
temporary permits, and all applicants for licensure must notify the board within 30 days
of the occurrence of any of the following:
new text end

new text begin (1) a change of name, address, place of employment, and home or business
telephone number; and
new text end

new text begin (2) a change in any other application information.
new text end

Sec. 5.

new text begin [148F.025] REQUIREMENTS FOR LICENSURE.
new text end

new text begin Subdivision 1. new text end

new text begin Form; fee. new text end

new text begin Individuals seeking licensure as a licensed alcohol and
drug counselor shall fully complete and submit a notarized written application on forms
provided by the board together with the appropriate fee in the amount set under section
148F.115. No portion of the fee is refundable.
new text end

new text begin Subd. 2. new text end

new text begin Education requirements for licensure. new text end

new text begin An applicant for licensure must
submit evidence satisfactory to the board that the applicant has:
new text end

new text begin (1) received a bachelor's degree from an accredited school or educational program;
and
new text end

new text begin (2) received 18 semester credits or 270 clock hours of academic course work and
880 clock hours of supervised alcohol and drug counseling practicum from an accredited
school or education program. The course work and practicum do not have to be part of
the bachelor's degree earned under clause (1). The academic course work must be in
the following areas:
new text end

new text begin (i) an overview of the transdisciplinary foundations of alcohol and drug counseling,
including theories of chemical dependency, the continuum of care, and the process of
change;
new text end

new text begin (ii) pharmacology of substance abuse disorders and the dynamics of addiction,
including medication-assisted therapy;
new text end

new text begin (iii) professional and ethical responsibilities;
new text end

new text begin (iv) multicultural aspects of chemical dependency;
new text end

new text begin (v) co-occurring disorders; and
new text end

new text begin (vi) the core functions defined in section 148F.010, subdivision 10.
new text end

new text begin Subd. 3. new text end

new text begin Examination requirements for licensure. new text end

new text begin (a) To be eligible for licensure,
the applicant must:
new text end

new text begin (1) satisfactorily pass the International Certification and Reciprocity Consortium
Alcohol and Other Drug Abuse Counselor (IC&RC AODA) written examination adopted
June 2008, or other equivalent examination as determined by the board; or
new text end

new text begin (2) satisfactorily pass a written examination for licensure as an alcohol and drug
counselor, as determined by the board, and one of the following:
new text end

new text begin (i) complete a written case presentation and pass an oral examination that
demonstrates competence in the core functions as defined in section 148F.010, subdivision
10; or
new text end

new text begin (ii) complete 2,000 hours of postdegree supervised professional practice under
section 148F.040.
new text end

Sec. 6.

new text begin [148F.030] RECIPROCITY.
new text end

new text begin (a) An individual who holds a current license or national certification as an alcohol
and drug counselor from another jurisdiction must file with the board a completed
application for licensure by reciprocity containing the information required in this section.
new text end

new text begin (b) The applicant must request the credentialing authority of the jurisdiction in
which the credential is held to send directly to the board a statement that the credential
is current and in good standing, the applicant's qualifications that entitled the applicant
to the credential, and a copy of the jurisdiction's credentialing laws and rules that were
in effect at the time the applicant obtained the credential.
new text end

new text begin (c) The board shall issue a license if the board finds that the requirements which
the applicant met to obtain the credential from the other jurisdiction were substantially
similar to the current requirements for licensure in this chapter and that the applicant is not
otherwise disqualified under section 148F.090.
new text end

Sec. 7.

new text begin [148F.035] TEMPORARY PERMIT.
new text end

new text begin (a) The board may issue a temporary permit to practice alcohol and drug counseling
to an individual prior to being licensed under this chapter if the person:
new text end

new text begin (1) received an associate degree, or an equivalent number of credit hours, completed
880 clock hours of supervised alcohol and drug counseling practicum, and 18 semester
credits or 270 clock hours of academic course work in alcohol and drug counseling from
an accredited school or education program; and
new text end

new text begin (2) completed academic course work in the following areas:
new text end

new text begin (i) overview of the transdisciplinary foundations of alcohol and drug counseling,
including theories of chemical dependency, the continuum of care, and the process of
change;
new text end

new text begin (ii) pharmacology of substance abuse disorders and the dynamics of addiction,
including medication-assisted therapy;
new text end

new text begin (iii) professional and ethical responsibilities;
new text end

new text begin (iv) multicultural aspects of chemical dependency;
new text end

new text begin (v) co-occurring disorders; and
new text end

new text begin (vi) core functions defined in section 148F.010, subdivision 10.
new text end

new text begin (b) An individual seeking a temporary permit shall fully complete and submit
a notarized written application on forms provided by the board together with the
nonrefundable temporary permit fee specified in section 148F.115, subdivision 3, clause
(1).
new text end

new text begin (c) An individual practicing under this section:
new text end

new text begin (1) must be supervised by a licensed alcohol and drug counselor or other licensed
professional practicing alcohol and drug counseling under section 148F.110, subdivision 1;
new text end

new text begin (2) is subject to all statutes and rules to the same extent as an individual who is
licensed under this chapter, except the individual is not subject to the continuing education
requirements of section 148F.075; and
new text end

new text begin (3) must use the title "Alcohol and Drug Counselor-Trainee" or the letters "ADC-T"
in professional activities.
new text end

new text begin (d)(1) An individual practicing with a temporary permit must submit a renewal
application annually on forms provided by the board with the renewal fee required in
section 148F.115, subdivision 3.
new text end

new text begin (2) A temporary permit is automatically terminated if not renewed, upon a change in
supervision, or upon the granting or denial by the board of the applicant's application for
licensure as an alcohol and drug counselor.
new text end

new text begin (3) A temporary permit may be renewed no more than five times.
new text end

Sec. 8.

new text begin [148F.040] SUPERVISED POSTDEGREE PROFESSIONAL PRACTICE.
new text end

new text begin Subdivision 1. new text end

new text begin Supervision. new text end

new text begin For the purposes of this section, "supervision" means
documented interactive consultation, which, subject to the limitations of subdivision 4,
paragraph (b), may be conducted in person, by telephone, or by audio or audiovisual
electronic device by a supervisor with a supervisee. The supervision must be adequate to
ensure the quality and competence of the activities supervised. Supervisory consultation
must include discussions on the nature and content of the practice of the supervisee,
including, but not limited to, a review of a representative sample of alcohol and drug
counseling services in the supervisee's practice.
new text end

new text begin Subd. 2. new text end

new text begin Postdegree professional practice. new text end

new text begin "Postdegree professional practice"
means paid or volunteer work experience and training following graduation from an
accredited school or educational program that involves professional oversight by a
supervisor approved by the board and that satisfies the supervision requirements in
subdivision 4.
new text end

new text begin Subd. 3. new text end

new text begin Supervisor requirements. new text end

new text begin For the purposes of this section, a supervisor
shall:
new text end

new text begin (1) be a licensed alcohol and drug counselor or other qualified professional as
determined by the board;
new text end

new text begin (2) have three years of experience providing alcohol and drug counseling services;
and
new text end

new text begin (3) have received a minimum of 12 hours of training in clinical and ethical
supervision, which may include course work, continuing education courses, workshops,
or a combination thereof.
new text end

new text begin Subd. 4. new text end

new text begin Supervised practice requirements for licensure. new text end

new text begin (a) The content of
supervision must include:
new text end

new text begin (1) knowledge, skills, values, and ethics with specific application to the practice
issues faced by the supervisee, including the core functions in section 148F.010,
subdivision 10;
new text end

new text begin (2) the standards of practice and ethical conduct, with particular emphasis given to
the counselor's role and appropriate responsibilities, professional boundaries, and power
dynamics; and
new text end

new text begin (3) the supervisee's permissible scope of practice, as defined in section 148F.010,
subdivision 18.
new text end

new text begin (b) The supervision must be obtained at the rate of one hour of supervision per 40
hours of professional practice, for a total of 50 hours of supervision. The supervision must
be evenly distributed over the course of the supervised professional practice. At least 75
percent of the required supervision hours must be received in person. The remaining 25
percent of the required hours may be received by telephone or by audio or audiovisual
electronic device. At least 50 percent of the required hours of supervision must be received
on an individual basis. The remaining 50 percent may be received in a group setting.
new text end

new text begin (c) The supervision must be completed in no fewer than 12 consecutive months
and no more than 36 consecutive months.
new text end

new text begin (d) The applicant shall include with an application for licensure a verification of
completion of the 2,000 hours of supervised professional practice. Verification must be
on a form specified by the board. The supervisor shall verify that the supervisee has
completed the required hours of supervision according to this section. The supervised
practice required under this section is unacceptable if the supervisor attests that the
supervisee's performance, competence, or adherence to the standards of practice and
ethical conduct has been unsatisfactory.
new text end

Sec. 9.

new text begin [148F.045] ALCOHOL AND DRUG COUNSELOR TECHNICIAN.
new text end

new text begin An alcohol and drug counselor technician may perform the screening, intake, and
orientation services described in section 148F.010, subdivision 10, clauses (1), (2), and
(3), while under the direct supervision of a licensed alcohol and drug counselor.
new text end

Sec. 10.

new text begin [148F.050] LICENSE RENEWAL REQUIREMENTS.
new text end

new text begin Subdivision 1. new text end

new text begin Biennial renewal. new text end

new text begin A license must be renewed every two years.
new text end

new text begin Subd. 2. new text end

new text begin License renewal notice. new text end

new text begin At least 60 calendar days before the renewal
deadline date, the board shall mail a renewal notice to the licensee's last known address
on file with the board. The notice must include instructions for accessing an online
application for license renewal, the renewal deadline, and notice of fees required for
renewal. The licensee's failure to receive notice does not relieve the licensee of the
obligation to meet the renewal deadline and other requirements for license renewal.
new text end

new text begin Subd. 3. new text end

new text begin Renewal requirements. new text end

new text begin (a) To renew a license, a licensee must submit to
the board:
new text end

new text begin (1) a completed, signed, and notarized application for license renewal;
new text end

new text begin (2) the renewal fee required under section 148F.115, subdivision 2; and
new text end

new text begin (3) evidence satisfactory to the board that the licensee has completed 40 clock
hours of continuing education during the preceding two-year renewal period that meet the
requirements of section 148F.075.
new text end

new text begin (b) The application must be postmarked or received by the board by the end of the
day on which the license expires or the following business day if the expiration date
falls on a Saturday, Sunday, or holiday. An application which is not completed, signed,
notarized, or which is not accompanied by the correct fee, is void and must be returned
to the licensee.
new text end

new text begin Subd. 4. new text end

new text begin Pending renewal. new text end

new text begin If a licensee's application for license renewal is
postmarked or received by the board by the end of the business day on the expiration date
of the license, the licensee may continue to practice after the expiration date while the
application for license renewal is pending with the board.
new text end

new text begin Subd. 5. new text end

new text begin Late renewal fee. new text end

new text begin If the application for license renewal is postmarked or
received after the expiration date, the licensee shall pay a late fee as specified by section
148F.115, subdivision 5, clause (1), in addition to the renewal fee, before the application
for license renewal will be considered by the board.
new text end

Sec. 11.

new text begin [148F.055] EXPIRED LICENSE.
new text end

new text begin Subdivision 1. new text end

new text begin Expiration of license. new text end

new text begin A licensee who fails to submit an application
for license renewal, or whose application for license renewal is not postmarked or received
by the board as required, is not authorized to practice after the expiration date and is
subject to disciplinary action by the board for any practice after the expiration date.
new text end

new text begin Subd. 2. new text end

new text begin Termination for nonrenewal. new text end

new text begin (a) Within 30 days after the renewal date, a
licensee who has not renewed the license shall be notified by letter sent to the last known
address of the licensee in the board's file that the renewal is overdue and that failure to
pay the current fee and current late fee within 60 days after the renewal date will result in
termination of the license.
new text end

new text begin (b) The board shall terminate the license of a licensee whose license renewal is at
least 60 days overdue and to whom notification has been sent as provided in paragraph
(a). Failure of a licensee to receive notification is not grounds for later challenge of the
termination. The former licensee shall be notified of the termination by letter within seven
days after the board action, in the same manner as provided in paragraph (a).
new text end

Sec. 12.

new text begin [148F.060] VOLUNTARY TERMINATION.
new text end

new text begin A license may be voluntarily terminated by the licensee at any time upon written
notification to the board, unless a complaint is pending against the licensee. The
notification must be received by the board prior to termination of the license for failure to
renew. A former licensee may be licensed again only after complying with the relicensure
following termination requirements under section 148F.065. For purposes of this section,
the board retains jurisdiction over any licensee whose license has been voluntarily
terminated and against whom the board receives a complaint for conduct occurring during
the period of licensure.
new text end

Sec. 13.

new text begin [148F.065] RELICENSURE FOLLOWING TERMINATION.
new text end

new text begin Subdivision 1. new text end

new text begin Relicensure. new text end

new text begin For a period of two years, a former licensee whose
license has been voluntarily terminated or terminated for nonrenewal as provided in
section 148F.055, subdivision 2, may be relicensed by completing an application for
relicensure, paying the applicable fee, and verifying that the former licensee has not
engaged in the practice of alcohol and drug counseling in this state since the date of
termination. The verification must be accompanied by a notarized affirmation that the
statement is true and correct to the best knowledge and belief of the former licensee.
new text end

new text begin Subd. 2. new text end

new text begin Continuing education for relicensure. new text end

new text begin A former licensee seeking
relicensure after license termination must provide evidence of having completed at least
20 hours of continuing education activities for each year, or portion thereof, that the
former licensee did not hold a license.
new text end

new text begin Subd. 3. new text end

new text begin Cancellation of license. new text end

new text begin The board shall not renew, reissue, reinstate,
or restore the license of a former licensee which was terminated for nonrenewal, or
voluntarily terminated, and for which relicensure was not sought for more than two years
from the date the license was terminated for nonrenewal, or voluntarily terminated. A
former licensee seeking relicensure after this two-year period must obtain a new license
by applying for licensure and fulfilling all requirements then in existence for an initial
license to practice alcohol and drug counseling in Minnesota.
new text end

Sec. 14.

new text begin [148F.070] INACTIVE LICENSE STATUS.
new text end

new text begin Subdivision 1. new text end

new text begin Request for inactive status. new text end

new text begin Unless a complaint is pending against
the licensee, a licensee whose license is in good standing may request, in writing, that the
license be placed on the inactive list. If a complaint is pending against a licensee, a license
may not be placed on the inactive list until action relating to the complaint is concluded.
The board must receive the request for inactive status before expiration of the license, or
the person must pay the late fee. A licensee may renew a license that is inactive under this
subdivision by meeting the renewal requirements of subdivision 2. A licensee must not
practice alcohol and drug counseling while the license is inactive.
new text end

new text begin Subd. 2. new text end

new text begin Renewal of inactive license. new text end

new text begin A licensee whose license is inactive must
renew the inactive status by the inactive status expiration date determined by the board,
or the license will expire. An application for renewal of inactive status must include
evidence satisfactory to the board that the licensee has completed 40 clock hours of
continuing education required in section 148F.075. Late renewal of inactive status must be
accompanied by a late fee as required in section 148F.115, subdivision 5, paragraph (2).
new text end

Sec. 15.

new text begin [148F.075] CONTINUING EDUCATION REQUIREMENTS.
new text end

new text begin Subdivision 1. new text end

new text begin Purpose. new text end

new text begin (a) The purpose of mandatory continuing education is to
promote the professional development of alcohol and drug counselors so that the services
they provide promote the health and well-being of clients who receive services.
new text end

new text begin (b) Continued professional growth and maintaining competence in providing alcohol
and drug counseling services are the ethical responsibilities of each licensee.
new text end

new text begin Subd. 2. new text end

new text begin Requirement. new text end

new text begin Every two years, all licensees must complete a minimum
of 40 clock hours of continuing education activities that meet the requirements in this
section. The 40 clock hours shall include a minimum of nine clock hours on diversity,
and a minimum of three clock hours on professional ethics. Diversity training includes,
but is not limited to, the topics listed in Minnesota Rules, part 4747.1100, subpart 2.
A licensee may be given credit only for activities that directly relate to the practice
of alcohol and drug counseling.
new text end

new text begin Subd. 3. new text end

new text begin Standards for approval. new text end

new text begin In order to obtain clock hour credit for a
continuing education activity, the activity must:
new text end

new text begin (1) constitute an organized program of learning;
new text end

new text begin (2) reasonably be expected to advance the knowledge and skills of the alcohol
and drug counselor;
new text end

new text begin (3) pertain to subjects that directly relate to the practice of alcohol and drug
counseling;
new text end

new text begin (4) be conducted by individuals who have education, training, and experience and
are knowledgeable about the subject matter; and
new text end

new text begin (5) be presented by a sponsor who has a system to verify participation and maintains
attendance records for three years, unless the sponsor provides dated evidence to each
participant with the number of clock hours awarded.
new text end

new text begin Subd. 4. new text end

new text begin Qualifying activities. new text end

new text begin Clock hours may be earned through the following:
new text end

new text begin (1) attendance at educational programs of annual conferences, lectures, panel
discussions, workshops, in-service training, seminars, and symposia;
new text end

new text begin (2) successful completion of college or university courses offered by a regionally
accredited school or education program, if not being taken in order to meet the educational
requirements for licensure under this chapter. The licensee must obtain a grade of at least
a "C" or its equivalent or a pass in a pass/fail course in order to receive the following
continuing education credits:
new text end

new text begin (i) one semester credit equals 15 clock hours;
new text end

new text begin (ii) one trimester credit equals 12 clock hours; and
new text end

new text begin (iii) one quarter credit equals 10 clock hours;
new text end

new text begin (3) successful completion of home study or online courses offered by an accredited
school or education program and that require a licensee to demonstrate knowledge
following completion of the course;
new text end

new text begin (4) teaching a course at a regionally accredited institution of higher education. To
qualify for continuing education credit, the course must directly relate to the practice of
alcohol and drug counseling, as determined by the board. Continuing education hours may
be earned only for the first time the licensee teaches the course. Ten continuing education
hours may be earned for each semester credit hour taught; or
new text end

new text begin (5) presentations at workshops, seminars, symposia, meetings of professional
organizations, in-service trainings, or postgraduate institutes. The presentation must be
related to alcohol and drug counseling. A presenter may claim one hour of continuing
education for each hour of presentation time. A presenter may also receive continuing
education hours for development time at the rate of three hours for each hour of
presentation time. Continuing education hours may be earned only for the licensee's
first presentation on the subject developed.
new text end

new text begin Subd. 5. new text end

new text begin Activities not qualifying for continuing education clock hours.
new text end

new text begin Approval shall not be given for courses that do not meet the requirements of this section
or are limited to the following:
new text end

new text begin (1) any subject contrary to the rules of professional conduct;
new text end

new text begin (2) supervision of personnel;
new text end

new text begin (3) entertainment or recreational activities;
new text end

new text begin (4) employment orientation sessions;
new text end

new text begin (5) policy meetings;
new text end

new text begin (6) marketing;
new text end

new text begin (7) business;
new text end

new text begin (8) first aid, CPR, and similar training classes; and
new text end

new text begin (9) training related to payment systems, including covered services, coding, and
billing.
new text end

new text begin Subd. 6. new text end

new text begin Documentation of reporting compliance. new text end

new text begin (a) When the licensee applies
for renewal of the license, the licensee must complete and submit an affidavit of continuing
education compliance showing that the licensee has completed a minimum of 40 approved
continuing education clock hours since the last renewal. Failure to submit the affidavit
when required makes the licensee's renewal application incomplete and void.
new text end

new text begin (b) All licensees shall retain original documentation of completion of continuing
education hours for a period of five years. For purposes of compliance with this section, a
receipt for payment of the fee for the course is not sufficient evidence of completion of the
required hours of continuing education. Information retained shall include:
new text end

new text begin (1) the continuing education activity title;
new text end

new text begin (2) a brief description of the continuing education activity;
new text end

new text begin (3) the sponsor, presenter, or author;
new text end

new text begin (4) the location and the dates attended;
new text end

new text begin (5) the number of clock hours; and
new text end

new text begin (6) the certificate of attendance, if applicable.
new text end

new text begin (c) Only continuing education obtained during the two-year reporting period may be
considered at the time of reporting.
new text end

new text begin Subd. 7. new text end

new text begin Continuing education audit. new text end

new text begin (a) At the time of renewal, the board may
randomly audit a percentage of its licensees for compliance with continuing education
requirements.
new text end

new text begin (b) The board shall mail a notice to a licensee selected for an audit of continuing
education hours. The notice must include the reporting periods selected for audit.
new text end

new text begin (c) Selected licensees shall submit copies of the original documentation of completed
continuing education hours. Upon specific request, the licensee shall submit original
documentation. Failure to submit required documentation shall result in the renewal
application being considered incomplete and void and constitute grounds for nonrenewal
of the license and disciplinary action.
new text end

new text begin Subd. 8. new text end

new text begin Variance of continuing education requirements. new text end

new text begin (a) If a licensee is
unable to meet the continuing education requirements by the renewal date, the licensee
may request a time-limited variance to fulfill the requirements after the renewal date. A
licensee seeking a variance is considered to be renewing late and is subject to the late
renewal fee, regardless of when the request is received or whether the variance is granted.
new text end

new text begin (b) The licensee shall submit the variance request on a form designated by the board,
include the variance fee subject to section 14.056, subdivision 2, and the late fee for
license renewal under section 148F.115. The variance request is subject to the criteria for
rule variances in section 14.055, subdivision 4, and must include a written plan listing
the activities offered to meet the requirement. Hours completed after the renewal date
pursuant to the written plan count toward meeting only the requirements of the previous
renewal period.
new text end

new text begin (c) A variance granted under this subdivision expires six months after the license
renewal date. A licensee who is granted a variance but fails to complete the required
continuing education within the six-month period may apply for a second variance
according to this subdivision.
new text end

new text begin (d) If an initial variance request is denied, the license of the licensee shall not be
renewed until the licensee completes the continuing education requirements. If an initial
variance is granted, and the licensee fails to complete the required continuing education
within the six-month period, the license shall be administratively suspended until the
licensee completes the required continuing education, unless the licensee has obtained a
second variance according to paragraph (c).
new text end

Sec. 16.

new text begin [148F.080] SPONSOR'S APPLICATION FOR APPROVAL.
new text end

new text begin Subdivision 1. new text end

new text begin Content. new text end

new text begin Individuals, organizations, associations, corporations,
educational institutions, or groups intending to offer continuing education activities for
approval must submit to the board the sponsor application fee and a completed application
for approval on a form provided by the board. The sponsor must comply with the
following to receive and maintain approval:
new text end

new text begin (1) submit the application for approval at least 60 days before the activity is
scheduled to begin; and
new text end

new text begin (2) include the following information in the application for approval to enable the
board to determine whether the activity complies with section 148F.075:
new text end

new text begin (i) a statement of the objectives of the activity and the knowledge the participants
will have gained upon completion of the activity;
new text end

new text begin (ii) a description of the content and methodology of the activity which will allow the
participants to meet the objectives;
new text end

new text begin (iii) a description of the method the participants will use to evaluate the activity;
new text end

new text begin (iv) a list of the qualifications of each instructor or developer that shows the
instructor's or developer's current knowledge and skill in the activity's subject;
new text end

new text begin (v) a description of the certificate or other form of verification of attendance
distributed to each participant upon successful completion of the activity;
new text end

new text begin (vi) the sponsor's agreement to retain attendance lists for a period of five years
from the date of the activity; and
new text end

new text begin (vii) a copy of any proposed advertisement or other promotional literature.
new text end

new text begin Subd. 2. new text end

new text begin Approval expiration. new text end

new text begin If the board approves an activity it shall assign the
activity a number. The approval remains in effect for one year from the date of initial
approval. Upon expiration, a sponsor must submit a new application for activity approval
to the board as required by subdivision 1.
new text end

new text begin Subd. 3. new text end

new text begin Statement of board approval. new text end

new text begin Each sponsor of an approved activity shall
include in any promotional literature a statement that "This activity has been approved by
the Minnesota Board of Behavioral Health and Therapy for ... hours of credit."
new text end

new text begin Subd. 4. new text end

new text begin Changes. new text end

new text begin The activity sponsor must submit proposed changes in an
approved activity to the board for its approval.
new text end

new text begin Subd. 5. new text end

new text begin Denial of approval. new text end

new text begin The board shall not approve an activity if it does not
meet the continuing education requirements in section 148F.075. The board shall notify
the sponsor in writing of its reasons for denial.
new text end

new text begin Subd. 6. new text end

new text begin Revocation of approval. new text end

new text begin The board shall revoke its approval of an activity
if a sponsor falsifies information contained in its application for approval, or if a sponsor
fails to notify the board of changes to an approved activity as required in subdivision 4.
new text end

Sec. 17.

new text begin [148F.085] NONTRANSFERABILITY OF LICENSES.
new text end

new text begin An alcohol and drug counselor license is not transferable.
new text end

Sec. 18.

new text begin [148F.090] DENIAL, SUSPENSION, OR REVOCATION OF LICENSE.
new text end

new text begin Subdivision 1. new text end

new text begin Grounds. new text end

new text begin The board may impose disciplinary action as described
in subdivision 2 against an applicant or licensee whom the board, by a preponderance of
the evidence, determines:
new text end

new text begin (1) has violated a statute, rule, or order that the board issued or is empowered to
enforce;
new text end

new text begin (2) has engaged in fraudulent, deceptive, or dishonest conduct, whether or not the
conduct relates to the practice of licensed alcohol and drug counseling that adversely
affects the person's ability or fitness to practice alcohol and drug counseling;
new text end

new text begin (3) has engaged in unprofessional conduct or any other conduct which has the
potential for causing harm to the public, including any departure from or failure to
conform to the minimum standards of acceptable and prevailing practice without actual
injury having to be established;
new text end

new text begin (4) has been convicted of or has pled guilty or nolo contendere to a felony or other
crime, an element of which is dishonesty or fraud, or has been shown to have engaged
in acts or practices tending to show that the applicant or licensee is incompetent or has
engaged in conduct reflecting adversely on the applicant's or licensee's ability or fitness
to engage in the practice of alcohol and drug counseling;
new text end

new text begin (5) has employed fraud or deception in obtaining or renewing a license, or in
passing an examination;
new text end

new text begin (6) has had any license, certificate, registration, privilege to take an examination,
or other similar authority denied, revoked, suspended, canceled, limited, or not renewed
for cause in any jurisdiction or has surrendered or voluntarily terminated a license or
certificate during a board investigation of a complaint, as part of a disciplinary order, or
while under a disciplinary order;
new text end

new text begin (7) has failed to meet any requirement for the issuance or renewal of the person's
license. The burden of proof is on the applicant or licensee to demonstrate the
qualifications or satisfy the requirements for a license under this chapter;
new text end

new text begin (8) has failed to cooperate with an investigation by the board;
new text end

new text begin (9) has demonstrated an inability to practice alcohol and drug counseling with
reasonable skill and safety as a result of illness, use of alcohol, drugs, chemicals, or any
other materials, or as a result of any mental, physical, or psychological condition;
new text end

new text begin (10) has engaged in conduct with a client that is sexual or may reasonably be
interpreted by the client as sexual, or in any verbal behavior that is seductive or sexually
demeaning to a client;
new text end

new text begin (11) has been subject to a corrective action or similar, nondisciplinary action in
another jurisdiction or by another regulatory authority;
new text end

new text begin (12) has been adjudicated as mentally incompetent, mentally ill, or developmentally
disabled or as a chemically dependent person, a person dangerous to the public, a sexually
dangerous person, or a person who has a sexual psychopathic personality by a court
of competent jurisdiction within this state or an equivalent adjudication from another
state. Adjudication automatically suspends a license for the duration thereof unless the
board orders otherwise;
new text end

new text begin (13) fails to comply with a client's request for health records made under sections
144.291 to 144.298, or to furnish a client record or report required by law;
new text end

new text begin (14) has engaged in abusive or fraudulent billing practices, including violations of
the federal Medicare and Medicaid laws or state medical assistance laws; or
new text end

new text begin (15) has engaged in fee splitting. This clause does not apply to the distribution
of revenues from a partnership, group practice, nonprofit corporation, or professional
corporation to its partners, shareholders, members, or employees if the revenues consist
only of fees for services performed by the licensee or under a licensee's administrative
authority. Fee splitting includes, but is not limited to:
new text end

new text begin (i) dividing fees with another person or a professional corporation, unless the
division is in proportion to the services provided and the responsibility assumed by
each professional;
new text end

new text begin (ii) referring a client to any health care provider as defined in sections 144.291 to
144.298 in which the referring licensee has a significant financial interest, unless the
licensee has disclosed in advance to the client the licensee's own financial interest; or
new text end

new text begin (iii) paying, offering to pay, receiving, or agreeing to receive a commission, rebate,
or remuneration, directly or indirectly, primarily for the referral of clients.
new text end

new text begin Subd. 2. new text end

new text begin Forms of disciplinary action. new text end

new text begin If grounds for disciplinary action exist
under subdivision 1, the board may take one or more of the following actions;
new text end

new text begin (1) refuse to grant or renew a license;
new text end

new text begin (2) revoke a license;
new text end

new text begin (3) suspend a license;
new text end

new text begin (4) impose limitations or conditions on a licensee's practice of alcohol and drug
counseling, including, but not limited to, limiting the scope of practice to designated
competencies, imposing retraining or rehabilitation requirements, requiring the licensee to
practice under supervision, or conditioning continued practice on the demonstration of
knowledge or skill by appropriate examination or other review of skill and competence;
new text end

new text begin (5) censure or reprimand the licensee;
new text end

new text begin (6) impose a civil penalty not exceeding $10,000 for each separate violation,
the amount of the civil penalty to be fixed so as to deprive the applicant or licensee
of any economic advantage gained by reason of the violation charged, to discourage
similar violations or to reimburse the board for the cost of the investigation and
proceeding, including, but not limited to, fees paid for services provided by the Office of
Administrative Hearings, legal and investigative services provided by the Office of the
Attorney General, court reporters, witnesses, reproduction of records, board members' per
diem compensation, board staff time, and travel costs and expenses incurred by board staff
and board members; or
new text end

new text begin (7) any other action justified by the case.
new text end

new text begin Subd. 3. new text end

new text begin Evidence. new text end

new text begin In disciplinary actions alleging violations of subdivision 1,
clause (4), (12), or (14), a copy of the judgment or proceedings under the seal of the court
administrator or of the administrative agency that entered the judgment or proceeding
is admissible into evidence without further authentication and constitutes prima facie
evidence of its contents.
new text end

new text begin Subd. 4. new text end

new text begin Temporary suspension. new text end

new text begin (a) In addition to any other remedy provided by
law, the board may issue an order to temporarily suspend the credentials of a licensee after
conducting a preliminary inquiry to determine if the board reasonably believes that the
licensee has violated a statute or rule that the board is empowered to enforce and whether
continued practice by the licensee would create an imminent risk of harm to others.
new text end

new text begin (b) The order may prohibit the licensee from engaging in the practice of alcohol
and drug counseling in whole or in part and may condition the end of a suspension on
the licensee's compliance with a statute, rule, or order that the board has issued or is
empowered to enforce.
new text end

new text begin (c) The order shall give notice of the right to a hearing according to this subdivision
and shall state the reasons for the entry of the order.
new text end

new text begin (d) Service of the order is effective when the order is served on the licensee
personally or by certified mail, which is complete upon receipt, refusal, or return for
nondelivery to the most recent address of the licensee provided to the board.
new text end

new text begin (e) At the time the board issues a temporary suspension order, the board shall
schedule a hearing to be held before its own members. The hearing shall begin no later
than 60 days after issuance of the temporary suspension order or within 15 working
days of the date of the board's receipt of a request for hearing by a licensee, on the sole
issue of whether there is a reasonable basis to continue, modify, or lift the temporary
suspension. The hearing is not subject to chapter 14. Evidence presented by the board
or the licensee shall be in affidavit form only. The licensee or counsel of record may
appear for oral argument.
new text end

new text begin (f) Within five working days of the hearing, the board shall issue its order and, if the
suspension is continued, schedule a contested case hearing within 30 days of the issuance
of the order. Notwithstanding chapter 14, the administrative law judge shall issue a report
within 30 days after closing the contested case hearing record. The board shall issue a
final order within 30 days of receipt of the administrative law judge's report.
new text end

new text begin Subd. 5. new text end

new text begin Automatic suspension. new text end

new text begin (a) The right to practice is automatically
suspended when:
new text end

new text begin (1) a guardian of an alcohol and drug counselor is appointed by order of a district
court under sections 524.5-101 to 524.5-502; or
new text end

new text begin (2) the counselor is committed by order of a district court under chapter 253B.
new text end

new text begin (b) The right to practice remains suspended until the counselor is restored to capacity
by a court and, upon petition by the counselor, the suspension is terminated by the board
after a hearing or upon agreement between the board and the counselor.
new text end

new text begin Subd. 6. new text end

new text begin Mental, physical, or chemical health evaluation. new text end

new text begin (a) If the board has
probable cause to believe that an applicant or licensee is unable to practice alcohol and
drug counseling with reasonable skill and safety due to a mental or physical illness or
condition, the board may direct the individual to submit to a mental, physical, or chemical
dependency examination or evaluation.
new text end

new text begin (1) For the purposes of this section, every licensee and applicant is deemed to
have consented to submit to a mental, physical, or chemical dependency examination or
evaluation when directed in writing by the board and to have waived all objections to the
admissibility of the examining professionals' testimony or examination reports on the
grounds that the testimony or examination reports constitute a privileged communication.
new text end

new text begin (2) Failure of a licensee or applicant to submit to an examination when directed by
the board constitutes an admission of the allegations against the person, unless the failure
was due to circumstances beyond the person's control, in which case a default and final
order may be entered without the taking of testimony or presentation of evidence.
new text end

new text begin (3) A licensee or applicant affected under this subdivision shall at reasonable
intervals be given an opportunity to demonstrate that the licensee or applicant can resume
the competent practice of licensed alcohol and drug counseling with reasonable skill
and safety to the public.
new text end

new text begin (4) In any proceeding under this subdivision, neither the record of proceedings
nor the orders entered by the board shall be used against the licensee or applicant in
any other proceeding.
new text end

new text begin (b) In addition to ordering a physical or mental examination, the board may,
notwithstanding section 13.384 or 144.291 to 144.298, or any other law limiting access to
medical or other health data, obtain medical data and health records relating to a licensee
or applicant without the licensee's or applicant's consent if the board has probable cause to
believe that subdivision 1, clause (9), applies to the licensee or applicant. The medical
data may be requested from:
new text end

new text begin (1) a provider, as defined in section 144.291, subdivision 2, paragraph (h);
new text end

new text begin (2) an insurance company; or
new text end

new text begin (3) a government agency, including the Department of Human Services.
new text end

new text begin (c) A provider, insurance company, or government agency must comply with any
written request of the board under this subdivision and is not liable in any action for
damages for releasing the data requested by the board if the data are released pursuant to a
written request under this subdivision, unless the information is false and the provider
giving the information knew, or had reason to believe, the information was false.
new text end

new text begin (d) Information obtained under this subdivision is private data on individuals as
defined in section 13.02, subdivision 12.
new text end

Sec. 19.

new text begin [148F.095] ADDITIONAL REMEDIES.
new text end

new text begin Subdivision 1. new text end

new text begin Cease and desist. new text end

new text begin (a) The board may issue a cease and desist order
to stop a person from violating or threatening to violate a statute, rule, or order which the
board has issued or has authority to enforce. The cease and desist order must state the
reason for its issuance and give notice of the person's right to request a hearing under
sections 14.57 to 14.62. If, within 15 days of service of the order, the subject of the order
fails to request a hearing in writing, the order is the final order of the board and is not
reviewable by a court or agency.
new text end

new text begin (b) A hearing must be initiated by the board no later than 30 days from the date
of the board's receipt of a written hearing request. Within 30 days of receipt of the
administrative law judge's report, and any written agreement or exceptions filed by the
parties, the board shall issue a final order modifying, vacating, or making permanent the
cease and desist order as the facts require. The final order remains in effect until modified
or vacated by the board.
new text end

new text begin (c) When a request for a stay accompanies a timely hearing request, the board may,
in the board's discretion, grant the stay. If the board does not grant a requested stay, the
board shall refer the request to the Office of Administrative Hearings within three working
days of receipt of the request. Within ten days after receiving the request from the board,
an administrative law judge shall issue a recommendation to grant or deny the stay. The
board shall grant or deny the stay within five working days of receiving the administrative
law judge's recommendation.
new text end

new text begin (d) In the event of noncompliance with a cease and desist order, the board may
institute a proceeding in district court to obtain injunctive relief or other appropriate
relief, including a civil penalty payable to the board, not to exceed $10,000 for each
separate violation.
new text end

new text begin Subd. 2. new text end

new text begin Injunctive relief. new text end

new text begin In addition to any other remedy provided by law,
including the issuance of a cease and desist order under subdivision 1, the board may in
the board's own name bring an action in district court for injunctive relief to restrain an
alcohol and drug counselor from a violation or threatened violation of any statute, rule, or
order which the board has authority to administer, enforce, or issue.
new text end

new text begin Subd. 3. new text end

new text begin Additional powers. new text end

new text begin The issuance of a cease and desist order or injunctive
relief granted under this section does not relieve a counselor from criminal prosecution by
a competent authority or from disciplinary action by the board.
new text end

Sec. 20.

new text begin [148F.100] COOPERATION.
new text end

new text begin An alcohol and drug counselor who is the subject of an investigation, or who
is questioned in connection with an investigation, by or on behalf of the board, shall
cooperate fully with the investigation. Cooperation includes responding fully to any
question raised by or on behalf of the board relating to the subject of the investigation,
whether tape recorded or not. Challenges to requests of the board may be brought before
the appropriate agency or court.
new text end

Sec. 21.

new text begin [148F.105] PROHIBITED PRACTICE OR USE OF TITLES; PENALTY.
new text end

new text begin Subdivision 1. new text end

new text begin Practice. new text end

new text begin No person shall engage in alcohol and drug counseling
without first being licensed under this chapter as an alcohol and drug counselor. For
purposes of this chapter, an individual engages in the practice of alcohol and drug
counseling if the individual performs or offers to perform alcohol and drug counseling
services as defined in section 148F.010, subdivision 19, or if the individual is held out as
able to perform those services.
new text end

new text begin Subd. 2. new text end

new text begin Use of titles. new text end

new text begin (a) No individual shall present themselves or any other
individual to the public by any title incorporating the words "licensed alcohol and drug
counselor," "alcohol and drug counselor," or otherwise hold themselves out to the public
by any title or description stating or implying that they are licensed or otherwise qualified
to practice alcohol and drug counseling, unless that individual holds a valid license.
new text end

new text begin (b) An individual issued a temporary permit must use titles consistent with section
148F.035, subdivisions 1 and 2, paragraph (c), clause (3).
new text end

new text begin (c) An individual who is participating in an alcohol and drug counseling practicum
for purposes of licensure by the board may be designated an "alcohol and drug counselor
intern."
new text end

new text begin (d) Individuals who are trained in alcohol and drug counseling and employed by an
educational institution recognized by a regional accrediting organization, by a federal,
state, county, or local government institution, by agencies, or research facilities, may
represent themselves by the titles designated by that organization provided the title does
not indicate the individual is licensed by the board.
new text end

new text begin Subd. 3. new text end

new text begin Penalty. new text end

new text begin A person who violates sections 148F.001 to 148F.205 is guilty
of a misdemeanor.
new text end

Sec. 22.

new text begin [148F.110] EXCEPTIONS TO LICENSE REQUIREMENT.
new text end

new text begin Subdivision 1. new text end

new text begin Other professionals. new text end

new text begin (a) Nothing in this chapter prevents members
of other professions or occupations from performing functions for which they are qualified
or licensed. This exception includes, but is not limited to: licensed physicians; registered
nurses; licensed practical nurses; licensed psychologists and licensed psychological
practitioners; members of the clergy provided such services are provided within the scope
of regular ministries; American Indian medicine men and women; licensed attorneys;
probation officers; licensed marriage and family therapists; licensed social workers; social
workers employed by city, county, or state agencies; licensed professional counselors;
licensed professional clinical counselors; licensed school counselors; registered
occupational therapists or occupational therapy assistants; Upper Midwest Indian Council
on Addictive Disorders (UMICAD) certified counselors when providing services to
Native American people; city, county, or state employees when providing assessments
or case management under Minnesota Rules, chapter 9530; and individuals defined in
section 256B.0623, subdivision 5, clauses (1) and (2), providing integrated dual-diagnosis
treatment in adult mental health rehabilitative programs certified by the Department of
Human Services under section 256B.0622 or 256B.0623.
new text end

new text begin (b) Nothing in this chapter prohibits technicians and resident managers in programs
licensed by the Department of Human Services from discharging their duties as provided
in Minnesota Rules, chapter 9530.
new text end

new text begin (c) Any person who is exempt from licensure under this section must not use a
title incorporating the words "alcohol and drug counselor" or "licensed alcohol and drug
counselor" or otherwise hold themselves out to the public by any title or description
stating or implying that they are engaged in the practice of alcohol and drug counseling, or
that they are licensed to engage in the practice of alcohol and drug counseling, unless that
person is also licensed as an alcohol and drug counselor. Persons engaged in the practice
of alcohol and drug counseling are not exempt from the board's jurisdiction solely by the
use of one of the titles in paragraph (a).
new text end

new text begin Subd. 2. new text end

new text begin Students. new text end

new text begin Nothing in sections 148F.001 to 148F.110 shall prevent students
enrolled in an accredited school of alcohol and drug counseling from engaging in the
practice of alcohol and drug counseling while under qualified supervision in an accredited
school of alcohol and drug counseling.
new text end

new text begin Subd. 3. new text end

new text begin Federally recognized tribes. new text end

new text begin Alcohol and drug counselors practicing
alcohol and drug counseling according to standards established by federally recognized
tribes, while practicing under tribal jurisdiction, are exempt from the requirements of this
chapter. In practicing alcohol and drug counseling under tribal jurisdiction, individuals
practicing under that authority shall be afforded the same rights, responsibilities, and
recognition as persons licensed under this chapter.
new text end

Sec. 23.

new text begin [148F.115] FEES.
new text end

new text begin Subdivision 1. new text end

new text begin Application fee. new text end

new text begin The application fee is $295.
new text end

new text begin Subd. 2. new text end

new text begin Biennial renewal fee. new text end

new text begin The license renewal fee is $295. If the board
establishes a renewal schedule, and the scheduled renewal date is less than two years,
the fee may be prorated.
new text end

new text begin Subd. 3. new text end

new text begin Temporary permit fee. new text end

new text begin Temporary permit fees are as follows:
new text end

new text begin (1) initial application fee is $100; and
new text end

new text begin (2) annual renewal fee is $150. If the initial term is less or more than one year,
the fee may be prorated.
new text end

new text begin Subd. 4. new text end

new text begin Inactive license renewal fee. new text end

new text begin The inactive license renewal fee is $150.
new text end

new text begin Subd. 5. new text end

new text begin Late fees. new text end

new text begin Late fees are as follows:
new text end

new text begin (1) biennial renewal late fee is $74;
new text end

new text begin (2) inactive license renewal late fee is $37; and
new text end

new text begin (3) annual temporary permit late fee is $37.
new text end

new text begin Subd. 6. new text end

new text begin Fee to renew after expiration of license. new text end

new text begin The fee for renewal of a license
that has been expired for less than two years is the total of the biennial renewal fee in
effect at the time of late renewal and the late fee.
new text end

new text begin Subd. 7. new text end

new text begin Fee for license verification. new text end

new text begin The fee for license verification is $25.
new text end

new text begin Subd. 8. new text end

new text begin Surcharge fee. new text end

new text begin Notwithstanding section 16A.1285, subdivision 2, a
surcharge of $99 shall be paid at the time of initial application for or renewal of an alcohol
and drug counselor license until June 30, 2013.
new text end

new text begin Subd. 9. new text end

new text begin Sponsor application fee. new text end

new text begin The fee for a sponsor application for approval
of a continuing education course is $60.
new text end

new text begin Subd. 10. new text end

new text begin Order or stipulation fee. new text end

new text begin The fee for a copy of a board order or
stipulation is $10.
new text end

new text begin Subd. 11. new text end

new text begin Duplicate certificate fee. new text end

new text begin The fee for a duplicate certificate is $25.
new text end

new text begin Subd. 12. new text end

new text begin Supervisor application processing fee. new text end

new text begin The fee for licensure supervisor
application processing is $30.
new text end

new text begin Subd. 13. new text end

new text begin Nonrefundable fees. new text end

new text begin All fees in this section are nonrefundable.
new text end

Sec. 24.

new text begin [148F.120] CONDUCT.
new text end

new text begin Subdivision 1. new text end

new text begin Scope. new text end

new text begin Sections 148F.120 to 148F.205 apply to the conduct of all
alcohol and drug counselors, licensees, and applicants, including conduct during the
period of education, training, and employment that is required for licensure.
new text end

new text begin Subd. 2. new text end

new text begin Purpose. new text end

new text begin Sections 148F.120 to 148F.205 constitute the standards by which
the professional conduct of alcohol and drug counselors is measured.
new text end

new text begin Subd. 3. new text end

new text begin Violations. new text end

new text begin A violation of sections 148F.120 to 148F.205 is unprofessional
conduct and constitutes grounds for disciplinary action, corrective action, or denial of
licensure.
new text end

new text begin Subd. 4. new text end

new text begin Conflict with organizational demands. new text end

new text begin If the organizational policies at
the provider's work setting conflict with any provision in sections 148F.120 to 148F.205,
the provider shall discuss the nature of the conflict with the employer, make known the
requirement to comply with these sections of law, and attempt to resolve the conflict
in a manner that does not violate the law.
new text end

Sec. 25.

new text begin [148F.125] COMPETENT PROVISION OF SERVICES.
new text end

new text begin Subdivision 1. new text end

new text begin Limits on practice. new text end

new text begin Alcohol and drug counselors shall limit their
practice to the client populations and services for which they have competence or for
which they are developing competence.
new text end

new text begin Subd. 2. new text end

new text begin Developing competence. new text end

new text begin When an alcohol and drug counselor is
developing competence in a service, method, procedure, or to treat a specific client
population, the alcohol and drug counselor shall obtain professional education, training,
continuing education, consultation, supervision, or experience, or a combination thereof,
necessary to demonstrate competence.
new text end

new text begin Subd. 3. new text end

new text begin Experimental, emerging, or innovative services. new text end

new text begin Alcohol and drug
counselors may offer experimental services, methods, or procedures competently and
in a manner that protects clients from harm. However, when doing so, they have a
heightened responsibility to understand and communicate the potential risks to clients, to
use reasonable skill and safety, and to undertake appropriate preparation as required in
subdivision 2.
new text end

new text begin Subd. 4. new text end

new text begin Limitations. new text end

new text begin Alcohol and drug counselors shall recognize the limitations
to the scope of practice of alcohol and drug counseling. When the needs of clients appear
to be outside their scope of practice, providers shall inform the clients that there may be
other professional, technical, community, and administrative resources available to them.
Providers shall assist with identifying resources when it is in the best interests of clients to
be provided with alternative or complementary services.
new text end

new text begin Subd. 5. new text end

new text begin Burden of proof. new text end

new text begin Whenever a complaint is submitted to the board
involving a violation of this section, the burden of proof is on the provider to demonstrate
that the elements of competence have reasonably been met.
new text end

Sec. 26.

new text begin [148F.130] PROTECTING CLIENT PRIVACY.
new text end

new text begin Subdivision 1. new text end

new text begin Protecting private information. new text end

new text begin The provider shall safeguard
private information obtained in the course of the practice of alcohol and drug counseling.
Private information may be disclosed to others only according to section 148F.135, or
with certain exceptions as specified in subdivisions 2 to 13.
new text end

new text begin Subd. 2. new text end

new text begin Duty to warn; limitation on liability. new text end

new text begin Private information may be
disclosed without the consent of the client when a duty to warn arises, or as otherwise
provided by law or court order. The duty to warn of, or take reasonable precautions to
provide protection from, violent behavior arises only when a client or other person has
communicated to the provider a specific, serious threat of physical violence to self or a
specific, clearly identified or identifiable potential victim. If a duty to warn arises, the duty
is discharged by the provider if reasonable efforts are made to communicate the threat to
law enforcement agencies, the potential victim, the family of the client, or appropriate
third parties who are in a position to prevent or avert the harm. No monetary liability
and no cause of action or disciplinary action by the board may arise against a provider
for disclosure of confidences to third parties, for failure to disclose confidences to third
parties, or for erroneous disclosure of confidences to third parties in a good faith effort to
warn against or take precautions against a client's violent behavior or threat of suicide.
new text end

new text begin Subd. 3. new text end

new text begin Services to group clients. new text end

new text begin Whenever alcohol and drug counseling
services are provided to group clients, the provider shall initially inform each client of the
provider's responsibility and each client's individual responsibility to treat any information
gained in the course of rendering the services as private information, including any
limitations to each client's right to privacy.
new text end

new text begin Subd. 4. new text end

new text begin Obtaining collateral information. new text end

new text begin Prior to obtaining collateral
information about a client from other individuals, the provider shall obtain consent from
the client unless the consent is not required by law or court order, and shall inform the
other individuals that the information obtained may become part of the client's records and
may therefore be accessed or released by the client, unless prohibited by law. For purposes
of this subdivision, "other individual" means any individual, except for credentialed health
care providers acting in their professional capacities, who participates adjunctively in
the provision of services to a client. Examples of other individuals include, but are not
limited to, family members, friends, coworkers, day care workers, guardians ad litem,
foster parents, or school personnel.
new text end

new text begin Subd. 5. new text end

new text begin Minor clients. new text end

new text begin At the beginning of a professional relationship, the provider
shall inform a minor client that the law imposes limitations on the right of privacy of the
minor with respect to the minor's communications with the provider. This requirement is
waived when the minor cannot reasonably be expected to understand the privacy statement.
new text end

new text begin Subd. 6. new text end

new text begin Limited access to client records. new text end

new text begin The provider shall limit access to client
records. The provider shall make reasonable efforts to inform individuals associated
with the provider's agency or facility, such as staff members, students, volunteers, or
community aides, that access to client records, regardless of their format, is limited only to
the provider with whom the client has a professional relationship, an individual associated
with the agency or facility whose duties require access, or individuals authorized to have
access by the written informed consent of the client.
new text end

new text begin Subd. 7. new text end

new text begin Billing statements for services. new text end

new text begin The provider shall comply with the
privacy wishes of clients regarding to whom and where statements for services are to be
sent.
new text end

new text begin Subd. 8. new text end

new text begin Case reports. new text end

new text begin The identification of the client shall be reasonably disguised
in case reports or other clinical materials used in teaching, presentations, professional
meetings, or publications.
new text end

new text begin Subd. 9. new text end

new text begin Observation and recording. new text end

new text begin Diagnostic interviews or therapeutic sessions
with a client may be observed or electronically recorded only with the client's written
informed consent.
new text end

new text begin Subd. 10. new text end

new text begin Continued protection of client information. new text end

new text begin The provider shall maintain
the privacy of client data indefinitely after the professional relationship has ended.
new text end

new text begin Subd. 11. new text end

new text begin Court-ordered or other mandated disclosures. new text end

new text begin The proper disclosure
of private client data upon a court order or to conform with state or federal law shall not be
considered a violation of sections 148F.120 to 148F.205.
new text end

new text begin Subd. 12. new text end

new text begin Abuse or neglect of minor or vulnerable adults. new text end

new text begin An applicant or
licensee must comply with the reporting of maltreatment of minors established in section
626.556 and the reporting of maltreatment of vulnerable adults established in section
626.557.
new text end

new text begin Subd. 13. new text end

new text begin Initial contacts. new text end

new text begin When an individual initially contacts a provider
regarding alcohol and drug counseling services, the provider or another individual
designated by the provider may, with oral consent from the potential client, contact third
parties to determine payment or benefits information, arrange for precertification of
services when required by the individual's health plan, or acknowledge a referral from
another health care professional.
new text end

Sec. 27.

new text begin [148F.135] PRIVATE INFORMATION; ACCESS AND RELEASE.
new text end

new text begin Subdivision 1. new text end

new text begin Client right to access and release private information. new text end

new text begin A client has
the right to access and release private information maintained by the provider, including
client records as provided in sections 144.291 to 144.298, relating to the provider's
counseling services to that client, except as otherwise provided by law or court order.
new text end

new text begin Subd. 2. new text end

new text begin Release of private information. new text end

new text begin (a) When a client makes a request for
the provider to release the client's private information, the request must be in writing
and signed by the client. Informed consent is not required. When the request involves
client records, all pertinent information shall be released in compliance with sections
144.291 to 144.298.
new text end

new text begin (b) If the provider initiates the request to release the client's private information,
written authorization for the release of information must be obtained from the client
and must include, at a minimum:
new text end

new text begin (1) the name of the client;
new text end

new text begin (2) the name of the individual or entity providing the information;
new text end

new text begin (3) the name of the individual or entity to which the release is made;
new text end

new text begin (4) the types of information to be released, such as progress notes, diagnoses,
assessment data, or other specific information;
new text end

new text begin (5) the purpose of the release, such as whether the release is to coordinate
professional care with another provider, to obtain insurance payment for services, or for
other specified purposes;
new text end

new text begin (6) the time period covered by the consent;
new text end

new text begin (7) a statement that the consent is valid for one year, except as otherwise allowed by
statute, or for a lesser period that is specified in the consent;
new text end

new text begin (8) a declaration that the individual signing the statement has been told of and
understands the nature and purpose of the authorized release;
new text end

new text begin (9) a statement that the consent may be rescinded, except to the extent that the
consent has already been acted upon or that the right to rescind consent has been waived
separately in writing;
new text end

new text begin (10) the signature of the client or the client's legally authorized representative, whose
relationship to the client must be stated; and
new text end

new text begin (11) the date on which the consent is signed.
new text end

new text begin Subd. 3. new text end

new text begin Group client records. new text end

new text begin Whenever counseling services are provided to
group clients, each client has the right to access or release only that information in the
records that the client has provided directly or has authorized other sources to provide,
unless otherwise directed by law or court order. Upon a request by one client to access or
release group client records, that information in the records that has not been provided
directly or by authorization of the requesting client must be redacted unless written
authorization to disclose this information has been obtained from the other clients.
new text end

new text begin Subd. 4. new text end

new text begin Board investigation. new text end

new text begin The board shall be allowed access to any records of
a client provided services by an applicant or licensee who is under investigation. If the
client has not signed a consent permitting access to the client's records, the applicant or
licensee must delete any data that identifies the client before providing them to the board.
The board shall maintain any records as investigative data pursuant to chapter 13.
new text end

Sec. 28.

new text begin [148F.140] INFORMED CONSENT.
new text end

new text begin Subdivision 1. new text end

new text begin Obtaining informed consent for services. new text end

new text begin The provider shall obtain
informed consent from the client before initiating services. The informed consent must be
in writing, signed by the client, and include the following, at a minimum:
new text end

new text begin (1) authorization for the provider to engage in an activity which directly affects
the client;
new text end

new text begin (2) the goals, purposes, and procedures of the proposed services;
new text end

new text begin (3) the factors that may impact the duration of the service;
new text end

new text begin (4) the applicable fee schedule;
new text end

new text begin (5) the limits to the client's privacy, including, but not limited to, the provider's duty
to warn pursuant to section 148F.130, subdivision 2;
new text end

new text begin (6) the provider's responsibilities if the client terminates the service;
new text end

new text begin (7) the significant risks and benefits of the service, including whether the service
may affect the client's legal or other interests;
new text end

new text begin (8) the provider's responsibilities under section 148F.125, subdivision 3, if the
proposed service, method, or procedure is of an experimental, emerging, or innovative
nature; and
new text end

new text begin (9) if applicable, information that the provider is developing competence in the
proposed service, method, or procedure, and alternatives to the proposed service, if any.
new text end

new text begin Subd. 2. new text end

new text begin Updating informed consent. new text end

new text begin If there is a substantial change in the nature
or purpose of a service, the provider must obtain a new informed consent from the client.
new text end

new text begin Subd. 3. new text end

new text begin Emergency or crisis services. new text end

new text begin Informed consent is not required when
a provider is providing emergency or crisis services. If services continue after the
emergency or crisis has abated, informed consent must be obtained.
new text end

Sec. 29.

new text begin [148F.145] TERMINATION OF SERVICES.
new text end

new text begin Subdivision 1. new text end

new text begin Right to terminate services. new text end

new text begin Either the client or the provider may
terminate the professional relationship unless prohibited by law or court order.
new text end

new text begin Subd. 2. new text end

new text begin Mandatory termination of services. new text end

new text begin The provider shall promptly
terminate services to a client whenever:
new text end

new text begin (1) the provider's objectivity or effectiveness is impaired, unless a resolution can be
achieved as permitted in section 148F.155, subdivision 2; or
new text end

new text begin (2) the client would be harmed by further services.
new text end

new text begin Subd. 3. new text end

new text begin Notification of termination. new text end

new text begin When the provider initiates a termination
of professional services, the provider shall inform the client either orally or in writing.
This requirement shall not apply when the termination is due to the successful completion
of a predefined service such as an assessment, or if the client terminates the professional
relationship.
new text end

new text begin Subd. 4. new text end

new text begin Recommendation upon termination. new text end

new text begin (a) Upon termination of counseling
services, the provider shall make a recommendation for alcohol and drug counseling
services if requested by the client or if the provider believes the services are needed by
the client.
new text end

new text begin (b) A recommendation for alcohol and drug counseling services is not required if
the professional service provided is limited to an alcohol and drug assessment and a
recommendation for continued services is not requested.
new text end

new text begin Subd. 5. new text end

new text begin Absence from practice. new text end

new text begin Nothing in this section requires the provider to
terminate a client due to an absence from practice that is the result of a period of illness
or injury that does not affect the provider's ability to practice with reasonable skill and
safety, as long as arrangements have been made for temporary counseling services that
may be needed by the client during the provider's absence.
new text end

Sec. 30.

new text begin [148F.150] RECORD KEEPING.
new text end

new text begin Subdivision 1. new text end

new text begin Record-keeping requirements. new text end

new text begin Providers must maintain accurate
and legible client records. Records must include, at a minimum:
new text end

new text begin (1) an accurate chronological listing of all substantive contacts with the client;
new text end

new text begin (2) documentation of services, including:
new text end

new text begin (i) assessment methods, data, and reports;
new text end

new text begin (ii) an initial treatment plan and any revisions to the plan;
new text end

new text begin (iii) the name of the individual providing services;
new text end

new text begin (iv) the name and credentials of the individual who is professionally responsible
for the services provided;
new text end

new text begin (v) case notes for each date of service, including interventions;
new text end

new text begin (vi) consultations with collateral sources;
new text end

new text begin (vii) diagnoses or presenting problems; and
new text end

new text begin (viii) documentation that informed consent was obtained, including written informed
consent documents;
new text end

new text begin (3) copies of all correspondence relevant to the client;
new text end

new text begin (4) a client personal data sheet;
new text end

new text begin (5) copies of all client authorizations for release of information;
new text end

new text begin (6) an accurate chronological listing of all fees charged, if any, to the client or
a third-party payer; and
new text end

new text begin (7) any other documents pertaining to the client.
new text end

new text begin Subd. 2. new text end

new text begin Duplicate records. new text end

new text begin If the client records containing the documentation
required by subdivision 1 are maintained by the agency, clinic, or other facility where the
provider renders services, the provider is not required to maintain duplicate records of
client information.
new text end

new text begin Subd. 3. new text end

new text begin Record retention. new text end

new text begin The provider shall retain a client's record for a minimum
of seven years after the date of the provider's last professional service to the client, except
as otherwise provided by law. If the client is a minor, the record retention period does not
begin until the client reaches the age of 18, except as otherwise provided by law.
new text end

Sec. 31.

new text begin [148F.155] IMPAIRED OBJECTIVITY OR EFFECTIVENESS.
new text end

new text begin Subdivision 1. new text end

new text begin Situations involving impaired objectivity or effectiveness. new text end

new text begin (a) An
alcohol and drug counselor must not provide alcohol and drug counseling services to a
client or potential client when the counselor's objectivity or effectiveness is impaired.
new text end

new text begin (b) The provider shall not provide alcohol and drug counseling services to a client
if doing so would create a multiple relationship. For purposes of this section, "multiple
relationship" means one that is both professional and:
new text end

new text begin (1) cohabitational;
new text end

new text begin (2) familial;
new text end

new text begin (3) one in which there has been personal involvement with the client or family
member of the client that is reasonably likely to adversely affect the client's welfare or
ability to benefit from services; or
new text end

new text begin (4) one in which there is significant financial involvement other than legitimate
payment for professional services rendered that is reasonably likely to adversely affect the
client's welfare or ability to benefit from services.
new text end

new text begin If an unforeseen multiple relationship arises after services have been initiated, the
provider shall promptly terminate the professional relationship.
new text end

new text begin (c) The provider shall not provide alcohol and drug counseling services to a client
who is also the provider's student or supervisee. If an unforeseen situation arises in which
both types of services are required or requested by the client or a third party, the provider
shall decline to provide the services.
new text end

new text begin (d) The provider shall not provide alcohol and drug counseling services to a client
when the provider is biased for or against the client for any reason that interferes with the
provider's impartial judgment, including where the client is a member of a class legally
protected from discrimination. The provider may provide services if the provider is
working to resolve the impairment in the manner required under subdivision 2.
new text end

new text begin (e) The provider shall not provide alcohol and drug counseling services to a client
when there is a fundamental divergence or conflict of service goals, interests, values,
or attitudes between the client and the provider that adversely affects the professional
relationship. The provider may provide services if the provider is working to resolve the
impairment in the manner required under subdivision 2.
new text end

new text begin Subd. 2. new text end

new text begin Resolution of impaired objectivity or effectiveness. new text end

new text begin (a) When an
impairment occurs that is listed in subdivision 1, paragraph (d) or (e), the provider may
provide services only if the provider actively pursues resolution of the impairment and is
able to do so in a manner that results in minimal adverse effects on the client or potential
client.
new text end

new text begin (b) If the provider attempts to resolve the impairment, it must be by means of
professional education, training, continuing education, consultation, psychotherapy,
intervention, supervision, or discussion with the client or potential client, or an appropriate
combination thereof.
new text end

Sec. 32.

new text begin [148F.160] PROVIDER IMPAIRMENT.
new text end

new text begin The provider shall not provide counseling services to clients when the provider is
unable to provide services with reasonable skill and safety as a result of a physical or
mental illness or condition, including, but not limited to, substance abuse or dependence.
During the period the provider is unable to practice with reasonable skill and safety, the
provider shall either promptly terminate the professional relationship with all clients or
shall make arrangements for other alcohol and drug counselors to provide temporary
services during the provider's absence.
new text end

Sec. 33.

new text begin [148F.165] CLIENT WELFARE.
new text end

new text begin Subdivision 1. new text end

new text begin Explanation of procedures. new text end

new text begin A client has the right to have, and a
counselor has the responsibility to provide, a nontechnical explanation of the nature and
purpose of the counseling procedures to be used and the results of tests administered to the
client. The counselor shall establish procedures to be followed if the explanation is to be
provided by another individual under the direction of the counselor.
new text end

new text begin Subd. 2. new text end

new text begin Client bill of rights. new text end

new text begin The client bill of rights required by section 144.652
shall be prominently displayed on the premises of the professional practice or provided
as a handout to each client. The document must state that consumers of alcohol and
drug counseling services have the right to:
new text end

new text begin (1) expect that the provider meets the minimum qualifications of training and
experience required by state law;
new text end

new text begin (2) examine public records maintained by the Board of Behavioral Health and
Therapy that contain the credentials of the provider;
new text end

new text begin (3) report complaints to the Board of Behavioral Health and Therapy;
new text end

new text begin (4) be informed of the cost of professional services before receiving the services;
new text end

new text begin (5) privacy as defined and limited by law and rule;
new text end

new text begin (6) be free from being the object of unlawful discrimination while receiving
counseling services;
new text end

new text begin (7) have access to their records as provided in sections 144.291 to 144.298 and
148F.135, subdivision 1, except as otherwise provided by law;
new text end

new text begin (8) be free from exploitation for the benefit or advantage of the provider;
new text end

new text begin (9) terminate services at any time, except as otherwise provided by law or court
order;
new text end

new text begin (10) know the intended recipients of assessment results;
new text end

new text begin (11) withdraw consent to release assessment results, unless the right is prohibited by
law or court order or was waived by prior written agreement;
new text end

new text begin (12) a nontechnical description of assessment procedures; and
new text end

new text begin (13) a nontechnical explanation and interpretation of assessment results, unless this
right is prohibited by law or court order or was waived by prior written agreement.
new text end

new text begin Subd. 3. new text end

new text begin Stereotyping. new text end

new text begin The provider shall treat the client as an individual and
not impose on the client any stereotypes of behavior, values, or roles related to human
diversity.
new text end

new text begin Subd. 4. new text end

new text begin Misuse of client relationship. new text end

new text begin The provider shall not misuse the
relationship with a client due to a relationship with another individual or entity.
new text end

new text begin Subd. 5. new text end

new text begin Exploitation of client. new text end

new text begin The provider shall not exploit the professional
relationship with a client for the provider's emotional, financial, sexual, or personal
advantage or benefit. This prohibition extends to former clients who are vulnerable or
dependent on the provider.
new text end

new text begin Subd. 6. new text end

new text begin Sexual behavior with client. new text end

new text begin A provider shall not engage in any sexual
behavior with a client including:
new text end

new text begin (1) sexual contact, as defined in section 604.20, subdivision 7; or
new text end

new text begin (2) any physical, verbal, written, interactive, or electronic communication, conduct,
or act that may be reasonably interpreted to be sexually seductive, demeaning, or
harassing to the client.
new text end

new text begin Subd. 7. new text end

new text begin Sexual behavior with a former client. new text end

new text begin A provider shall not engage in any
sexual behavior as described in subdivision 6 within the two-year period following the
date of the last counseling service to a former client. This prohibition applies whether or
not the provider has formally terminated the professional relationship. This prohibition
extends indefinitely for a former client who is vulnerable or dependent on the provider.
new text end

new text begin Subd. 8. new text end

new text begin Preferences and options for treatment. new text end

new text begin A provider shall disclose to the
client the provider's preferences for choice of treatment or outcome and shall present other
options for the consideration or choice of the client.
new text end

new text begin Subd. 9. new text end

new text begin Referrals. new text end

new text begin A provider shall make a prompt and appropriate referral of the
client to another professional when requested to make a referral by the client.
new text end

Sec. 34.

new text begin [148F.170] WELFARE OF STUDENTS, SUPERVISEES, AND
RESEARCH SUBJECTS.
new text end

new text begin Subdivision 1. new text end

new text begin General. new text end

new text begin Due to the evaluative, supervisory, or other authority that
providers who teach, evaluate, supervise, or conduct research have over their students,
supervisees, or research subjects, they shall protect the welfare of these individuals.
new text end

new text begin Subd. 2. new text end

new text begin Student, supervisee, and research subject protections. new text end

new text begin To protect the
welfare of their students, supervisees, or research subjects, providers shall not:
new text end

new text begin (1) discriminate on the basis of race, ethnicity, national origin, religious affiliation,
language, age, gender, physical disabilities, mental capabilities, sexual orientation or
identity, marital status, or socioeconomic status;
new text end

new text begin (2) exploit or misuse the professional relationship for the emotional, financial,
sexual, or personal advantage or benefit of the provider or another individual or entity;
new text end

new text begin (3) engage in any sexual behavior with a current student, supervisee, or research
subject, including sexual contact, as defined in section 604.20, subdivision 7, or any
physical, verbal, written, interactive, or electronic communication, conduct, or act that
may be reasonably interpreted to be sexually seductive, demeaning, or harassing. Nothing
in this section shall prohibit a provider from engaging in teaching or research with an
individual with whom the provider has a preexisting and ongoing sexual relationship;
new text end

new text begin (4) engage in any behavior likely to be deceptive or fraudulent;
new text end

new text begin (5) disclose evaluative information except for legitimate professional or scientific
purposes; or
new text end

new text begin (6) engage in any other unprofessional conduct.
new text end

Sec. 35.

new text begin [148F.175] MEDICAL AND OTHER HEALTH CARE
CONSIDERATIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Coordinating services with other health care professionals.
new text end

new text begin Upon initiating services, the provider shall inquire whether the client has a preexisting
relationship with another health care professional. If the client has such a relationship,
and it is relevant to the provider's services to the client, the provider shall, to the extent
possible and consistent with the wishes and best interests of the client, coordinate services
for the client with the other health care professional. This requirement does not apply if
brief crisis intervention services are provided.
new text end

new text begin Subd. 2. new text end

new text begin Reviewing health care information. new text end

new text begin If the provider determines that a
client's preexisting relationship with another health care professional is relevant to the
provider's services to the client, the provider shall, to the extent possible and consistent
with the wishes and best interests of the client, review this information with the treating
health care professional.
new text end

new text begin Subd. 3. new text end

new text begin Relevant medical conditions. new text end

new text begin If the provider believes that a client's
psychological condition may have medical etiology or consequence, the provider shall,
within the limits of the provider's competence, discuss this with the client and offer to
assist in identifying medical resources for the client.
new text end

Sec. 36.

new text begin [148F.180] ASSESSMENTS; TESTS; REPORTS.
new text end

new text begin Subdivision 1. new text end

new text begin Assessments. new text end

new text begin Providers who conduct assessments of individuals
shall base their assessments on records, information, observations, and techniques
sufficient to substantiate their findings. They shall render opinions only after they
have conducted an examination of the individual adequate to support their statements
or conclusions, unless an examination is not practical despite reasonable efforts. An
assessment may be limited to reviewing records or providing testing services when an
individual examination is not necessary for the opinion requested.
new text end

new text begin Subd. 2. new text end

new text begin Tests. new text end

new text begin Providers may administer and interpret tests within the scope of the
counselor's training, skill, and competence.
new text end

new text begin Subd. 3. new text end

new text begin Reports. new text end

new text begin Written and oral reports, including testimony as an expert
witness and letters to third parties concerning a client, must be based on information and
techniques sufficient to substantiate their findings. Reports must include:
new text end

new text begin (1) a description of all assessments, evaluations, or other procedures, including
materials reviewed, which serve as a basis for the provider's conclusions;
new text end

new text begin (2) reservations or qualifications concerning the validity or reliability of the opinions
and conclusions formulated and recommendations made;
new text end

new text begin (3) a statement concerning any discrepancy, disagreement, or inconsistent or
conflicting information regarding the circumstances of the case that may have a bearing on
the provider's conclusions;
new text end

new text begin (4) a statement of the nature of and reason for the use of a test that is administered,
recorded, scored, or interpreted in other than a standard and objective manner; and
new text end

new text begin (5) a statement indicating when test interpretations or report conclusions are not
based on direct contact between the client and the provider.
new text end

new text begin Subd. 4. new text end

new text begin Private information. new text end

new text begin Test results and interpretations regarding an
individual are private information.
new text end

Sec. 37.

new text begin [148F.185] PUBLIC STATEMENTS.
new text end

new text begin Subdivision 1. new text end

new text begin Prohibition against false or misleading information. new text end

new text begin Public
statements by providers must not include false or misleading information. Providers shall
not solicit or use testimonials by quotation or implication from current clients or former
clients who are vulnerable to undue influence. The provider shall make reasonable efforts
to ensure that public statements by others on behalf of the provider are truthful and shall
make reasonable remedial efforts to bring a public statement into compliance with sections
148F.120 to 148F.205 when the provider becomes aware of a violation.
new text end

new text begin Subd. 2. new text end

new text begin Misrepresentation. new text end

new text begin The provider shall not misrepresent directly or
by implication, professional qualifications including education, training, experience,
competence, credentials, or areas of specialization. The provider shall not misrepresent,
directly or by implication, professional affiliations or the purposes and characteristics of
institutions and organizations with which the provider is professionally associated.
new text end

new text begin Subd. 3. new text end

new text begin Use of specialty board designation. new text end

new text begin Providers may represent themselves
as having an area of specialization from a specialty board, such as a designation as a
diplomate or fellow, if the specialty board used, at a minimum, the following criteria to
award such a designation:
new text end

new text begin (1) specified educational requirements defined by the specialty board;
new text end

new text begin (2) specified experience requirements defined by the specialty board;
new text end

new text begin (3) a work product evaluated by other specialty board members; and
new text end

new text begin (4) a face-to-face examination by a committee of specialty board members or a
comprehensive written examination in the area of specialization.
new text end

Sec. 38.

new text begin [148F.190] FEES; STATEMENTS.
new text end

new text begin Subdivision 1. new text end

new text begin Disclosure. new text end

new text begin The provider shall disclose the fees for professional
services to a client before providing services.
new text end

new text begin Subd. 2. new text end

new text begin Itemized statement. new text end

new text begin The provider shall itemize fees for all services for
which the client or a third party is billed and make the itemized statement available to
the client. The statement shall identify the date the service was provided, the nature of
the service, the name of the individual who provided the service, and the name of the
individual who is professionally responsible for the service.
new text end

new text begin Subd. 3. new text end

new text begin Representation of billed services. new text end

new text begin The provider shall not directly or by
implication misrepresent to the client or to a third party billed for services the nature or the
extent of the services provided.
new text end

new text begin Subd. 4. new text end

new text begin Claiming fees. new text end

new text begin The provider shall not claim a fee for counseling services
unless the provider is either the direct provider of the services or is clinically responsible
for providing the services and under whose supervision the services were provided.
new text end

new text begin Subd. 5. new text end

new text begin Referrals. new text end

new text begin No commission, rebate, or other form of remuneration may be
given or received by a provider for the referral of clients for counseling services.
new text end

Sec. 39.

new text begin [148F.195] AIDING AND ABETTING UNLICENSED PRACTICE.
new text end

new text begin A provider shall not aid or abet an unlicensed individual to engage in the practice of
alcohol and drug counseling. A provider who supervises a student as part of an alcohol
and drug counseling practicum is not in violation of this section. Properly qualified
individuals who administer and score testing instruments under the direction of a provider
who maintains responsibility for the service are not considered in violation of this section.
new text end

Sec. 40.

new text begin [148F.200] VIOLATION OF LAW.
new text end

new text begin A provider shall not violate any law in which the facts giving rise to the violation
involve the practice of alcohol and drug counseling as defined in sections 148F.001 to
148F.205. In any board proceeding alleging a violation of this section, the proof of a
conviction of a crime constitutes proof of the underlying factual elements necessary to
that conviction.
new text end

Sec. 41.

new text begin [148F.205] COMPLAINTS TO BOARD.
new text end

new text begin Subdivision 1. new text end

new text begin Mandatory reporting requirements. new text end

new text begin A provider is required to file a
complaint when the provider knows or has reason to believe that another provider:
new text end

new text begin (1) is unable to practice with reasonable skill and safety as a result of a physical or
mental illness or condition, including, but not limited to, substance abuse or dependence,
except that this mandated reporting requirement is deemed fulfilled by a report made
to the Health Professionals Services Program (HPSP) as provided by section 214.33,
subdivision 1;
new text end

new text begin (2) is engaging in or has engaged in sexual behavior with a client or former client in
violation of section 148F.165, subdivision 6 or 7;
new text end

new text begin (3) has failed to report abuse or neglect of children or vulnerable adults in violation
of section 626.556 or 626.557; or
new text end

new text begin (4) has employed fraud or deception in obtaining or renewing an alcohol and drug
counseling license.
new text end

new text begin Subd. 2. new text end

new text begin Optional reporting requirements. new text end

new text begin Other than conduct listed in
subdivision 1, a provider who has reason to believe that the conduct of another provider
appears to be in violation of sections 148F.001 to 148F.205 may file a complaint with
the board.
new text end

new text begin Subd. 3. new text end

new text begin Institutions. new text end

new text begin A state agency, political subdivision, agency of a local unit
of government, private agency, hospital, clinic, prepaid medical plan, or other health
care institution or organization located in this state shall report to the board any action
taken by the agency, institution, or organization or any of its administrators or medical
or other committees to revoke, suspend, restrict, or condition an alcohol and drug
counselor's privilege to practice or treat patients or clients in the institution, or as part of
the organization, any denial of privileges, or any other disciplinary action for conduct that
might constitute grounds for disciplinary action by the board under sections 148F.001
to 148F.205. The institution, organization, or governmental entity shall also report the
resignation of any alcohol and drug counselors before the conclusion of any disciplinary
action proceeding for conduct that might constitute grounds for disciplinary action under
this chapter, or before the commencement of formal charges but after the practitioner had
knowledge that formal charges were contemplated or were being prepared.
new text end

new text begin Subd. 4. new text end

new text begin Professional societies. new text end

new text begin A state or local professional society for alcohol and
drug counselors shall report to the board any termination, revocation, or suspension of
membership or any other disciplinary action taken against an alcohol and drug counselor.
If the society has received a complaint that might be grounds for discipline under this
chapter against a member on which it has not taken any disciplinary action, the society
shall report the complaint and the reason why it has not taken action on it or shall direct
the complainant to the board.
new text end

new text begin Subd. 5. new text end

new text begin Insurers. new text end

new text begin Each insurer authorized to sell insurance described in section
60A.06, subdivision 1, clause (13), and providing professional liability insurance to
alcohol and drug counselors or the Medical Joint Underwriting Association under chapter
62F, shall submit to the board quarterly reports concerning the alcohol and drug counselors
against whom malpractice settlements and awards have been made. The report must
contain at least the following information:
new text end

new text begin (1) the total number of malpractice settlements or awards made;
new text end

new text begin (2) the date the malpractice settlements or awards were made;
new text end

new text begin (3) the allegations contained in the claim or complaint leading to the settlements or
awards made;
new text end

new text begin (4) the dollar amount of each settlement or award;
new text end

new text begin (5) the address of the practice of the alcohol and drug counselor against whom an
award was made or with whom a settlement was made; and
new text end

new text begin (6) the name of the alcohol and drug counselor against whom an award was made or
with whom a settlement was made. The insurance company shall, in addition to the above
information, submit to the board any information, records, and files, including clients'
charts and records, it possesses that tend to substantiate a charge that a licensed alcohol
and drug counselor may have engaged in conduct violating this chapter.
new text end

new text begin Subd. 6. new text end

new text begin Self-reporting. new text end

new text begin An alcohol and drug counselor shall report to the board
any personal action that would require that a report be filed with the board by any person,
health care facility, business, or organization under subdivisions 1 and 3 to 5. The alcohol
and drug counselor shall also report the revocation, suspension, restriction, limitation,
or other disciplinary action in this state and report the filing of charges regarding the
practitioner's license or right of practice in another state or jurisdiction.
new text end

new text begin Subd. 7. new text end

new text begin Permission to report. new text end

new text begin A person who has knowledge of any conduct
constituting grounds for disciplinary action relating to the practice of alcohol and drug
counseling under this chapter may report the violation to the board.
new text end

new text begin Subd. 8. new text end

new text begin Client complaints to the board. new text end

new text begin A provider shall, upon request, provide
information regarding the procedure for filing a complaint with the board and shall, upon
request, assist with filing a complaint. A provider shall not attempt to dissuade a client
from filing a complaint with the board, or require that the client waive the right to file a
complaint with the board as a condition for providing services.
new text end

new text begin Subd. 9. new text end

new text begin Deadlines; forms. new text end

new text begin Reports required by subdivisions 1 and 3 to 6 must be
submitted no later than 30 days after the reporter learns of the occurrence of the reportable
event or transaction. The board may provide forms for the submission of the reports
required by this section and may require that reports be submitted on the forms provided.
new text end

Sec. 42. new text beginREPORT; BOARD OF BEHAVIORAL HEALTH AND THERAPY.
new text end

new text begin (a) The Board of Behavioral Health and Therapy shall convene a working group
to evaluate the feasibility of a tiered licensure system for alcohol and drug counselors in
Minnesota. This evaluation shall include proposed scopes of practice for each tier, specific
degree and other education and examination requirements for each tier, the clinical
settings in which each tier of practitioner would be utilized, and any other issues the
board deems necessary.
new text end

new text begin (b) Members of the working group shall include, but not be limited to, members of
the board, licensed alcohol and drug counselors, alcohol and drug counselor temporary
permit holders, faculty members from two- and four-year education programs, professional
organizations, and employers.
new text end

new text begin (c) The board shall present its written report, including any proposed legislation, to
the chairs and ranking minority members of the legislative committees with jurisdiction
over health and human services no later than December 15, 2015.
new text end

new text begin (d) The working group is not subject to the provisions of Minnesota Statutes,
section 15.059.
new text end

Sec. 43. new text beginREVISOR'S INSTRUCTION.
new text end

new text begin The revisor of statutes shall consult with the Board of Behavioral Health and
Therapy to make any necessary cross-reference changes that are needed as a result of the
passage of this act.
new text end

Sec. 44. new text beginREPEALER.
new text end

new text begin (a) new text end new text begin Minnesota Statutes 2010, sections 148C.01, subdivisions 1, 1a, 2, 2a, 2b, 2c,
2d, 2e, 2f, 2g, 4, 4a, 5, 7, 9, 10, 11, 11a, 12, 12a, 13, 14, 15, 16, 17, and 18; 148C.015;
148C.03, subdivisions 1 and 4; 148C.0351, subdivisions 1, 3, and 4; 148C.0355; 148C.04,
subdivisions 1, 2, 3, 4, 5a, 6, and 7; 148C.044; 148C.045; 148C.05, subdivisions 1, 1a, 5,
and 6; 148C.055; 148C.07; 148C.075; 148C.08; 148C.09, subdivisions 1, 1a, 2, and 4;
148C.091; 148C.093; 148C.095; 148C.099; 148C.10, subdivisions 1, 2, and 3; 148C.11;
and 148C.12, subdivisions 1, 2, 3, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, and 15,
new text end new text begin are repealed.
new text end

new text begin (b) Minnesota Rules, parts 4747.0010; 4747.0020; 4747.0030, subparts 1, 2, 3,
4, 5, 7, 8, 9, 10, 15, 17, 18, 20, 21, 22, 24, and 29; 4747.0040; 4747.0050; 4747.0060;
4747.0070, subparts 1, 2, 3, and 6; 4747.0200; 4747.0400, subpart 1; 4747.0700;
4747.0800; 4747.0900; 4747.1100, subparts 1, 4, 5, 6, 7, 8, and 9; 4747.1400, subparts
1, 2, 3, 4, 5, 6, 7, 8, 10, 11, 12, and 13; 4747.1500; 6310.3100, subpart 2; 6310.3600;
and 6310.3700, subpart 1,
new text end new text begin are repealed.
new text end

Sec. 45. new text beginEFFECTIVE DATE.
new text end

new text begin This article is effective August 1, 2012.
new text end

ARTICLE 5

LICENSED PROFESSIONAL COUNSELING

Section 1.

Minnesota Statutes 2010, section 148B.5301, subdivision 1, is amended to
read:


Subdivision 1.

General requirements.

(a) To be licensed as a licensed professional
clinical counselor (LPCC), an applicant must provide satisfactory evidence to the board
that the applicant:

(1) is at least 18 years of age;

(2) is of good moral character;

(3) has completed a master's or doctoral degree program in counseling or a
related field, as determined by the board based on the criteria in items (i) to (x), that
includes a minimum of 48 semester hours or 72 quarter hours and a supervised field
experience in counseling that is not fewer than 700 hours. The degree must be from
a counseling program recognized by the Council for Accreditation of Counseling and
Related Education Programs (CACREP) or from an institution of higher education that is
accredited by a regional accrediting organization recognized by the Council for Higher
Education Accreditation (CHEA). Specific academic course content and training must
include coursework in each of the following subject areas:

(i) helping relationship, including counseling theory and practice;

(ii) human growth and development;

(iii) lifestyle and career development;

(iv) group dynamics, processes, counseling, and consulting;

(v) assessment and appraisal;

(vi) social and cultural foundations, including multicultural issues;

(vii) principles of etiology, treatment planning, and prevention of mental and
emotional disorders and dysfunctional behavior;

(viii) family counseling and therapy;

(ix) research and evaluation; and

(x) professional counseling orientation and ethics;

(4) has demonstrated competence in professional counseling by passing the National
Clinical Mental Health Counseling Examination (NCMHCE), administered by the
National Board for Certified Counselors, Inc. (NBCC) and ethical, oral, and situational
examinations as prescribed by the boarddeleted text begin. In lieu of the NCMHCE, applicants who have
taken and passed the National Counselor Examination (NCE) administered by the NBCC,
or another board-approved examination, need only take and pass the Examination of
Clinical Counseling Practice (ECCP) administered by the NBCC
deleted text end;

(5) has earned graduate-level semester credits or quarter-credit equivalents in the
following clinical content areas as follows:

(i) six credits in diagnostic assessment for child or adult mental disorders; normative
development; and psychopathology, including developmental psychopathology;

(ii) three credits in clinical treatment planning, with measurable goals;

(iii) six credits in clinical intervention methods informed by research evidence and
community standards of practice;

(iv) three credits in evaluation methodologies regarding the effectiveness of
interventions;

(v) three credits in professional ethics applied to clinical practice; and

(vi) three credits in cultural diversity; and

(6) has demonstrated successful completion of 4,000 hours of supervised,
post-master's degree professional practice in the delivery of clinical services in the
diagnosis and treatment of child and adult mental illnesses and disorders, conducted
according to subdivision 2.

(b) If coursework in paragraph (a) was not completed as part of the degree program
required by paragraph (a), clause (3), the coursework must be taken and passed for credit,
and must be earned from a counseling program or institution that meets the requirements
of paragraph (a), clause (3).

Sec. 2.

Minnesota Statutes 2010, section 148B.5301, is amended by adding a
subdivision to read:


new text begin Subd. 3a. new text end

new text begin Conversion from licensed professional counselor to licensed
professional clinical counselor.
new text end

new text begin (a) Until August 1, 2014, an individual currently licensed
in the state of Minnesota as a licensed professional counselor may convert to a LPCC by
providing evidence satisfactory to the board that the applicant has met the following
requirements:
new text end

new text begin (1) is at least 18 years of age;
new text end

new text begin (2) is of good moral character;
new text end

new text begin (3) has a license that is active and in good standing;
new text end

new text begin (4) has no complaints pending, uncompleted disciplinary orders, or corrective
action agreements;
new text end

new text begin (5) has completed a master's or doctoral degree program in counseling or a related
field, as determined by the board, and whose degree was from a counseling program
recognized by CACREP or from an institution of higher education that is accredited by a
regional accrediting organization recognized by CHEA;
new text end

new text begin (6) has earned 24 graduate-level semester credits or quarter-credit equivalents in
clinical coursework which includes content in the following clinical areas:
new text end

new text begin (i) diagnostic assessment for child and adult mental disorders; normative
development; and psychopathology, including developmental psychopathology;
new text end

new text begin (ii) clinical treatment planning, with measurable goals;
new text end

new text begin (iii) clinical intervention methods informed by research evidence and community
standards of practice;
new text end

new text begin (iv) evaluation methodologies regarding the effectiveness of interventions;
new text end

new text begin (v) professional ethics applied to clinical practice; and
new text end

new text begin (vi) cultural diversity;
new text end

new text begin (7) has demonstrated, to the satisfaction of the board, successful completion of
4,000 hours of supervised, post-master's degree professional practice in the delivery of
clinical services in the diagnosis and treatment of child and adult mental illnesses and
disorders; and
new text end

new text begin (8) has paid the LPCC application and licensure fees required in section 148B.53,
subdivision 3.
new text end

new text begin (b) If the coursework in paragraph (a) was not completed as part of the degree
program required by paragraph (a), clause (5), the coursework must be taken and passed
for credit, and must be earned from a counseling program or institution that meets the
requirements in paragraph (a), clause (5).
new text end

new text begin (c) This subdivision expires August 1, 2014.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from August 1, 2011.
new text end

Sec. 3.

Minnesota Statutes 2010, section 148B.5301, subdivision 4, is amended to read:


Subd. 4.

Conversion to licensed professional clinical counselor after August
1, deleted text begin2011deleted text endnew text begin 2014new text end.

new text beginAfter August 1, 2014, new text endan individual licensed in the state of Minnesota
as a licensed professional counselor may convert to a LPCC by providing evidence
satisfactory to the board that the applicant has met the requirements of subdivisions 1
and 2, subject to the following:

(1) the individual's license must be active and in good standing;

(2) the individual must not have any complaints pending, uncompleted disciplinary
orders, or corrective action agreements; and

(3) the individual has paid the LPCC application and licensure fees required in
section 148B.53, subdivision 3.

Sec. 4.

Minnesota Statutes 2010, section 148B.54, subdivision 2, is amended to read:


Subd. 2.

Continuing education.

At the completion of the first four years of
licensure, a licensee must provide evidence satisfactory to the board of completion of
12 additional postgraduate semester credit hours or its equivalent in counseling as
determined by the board, except that no licensee shall be required to show evidence of
greater than 60 semester hours or its equivalent.new text begin In addition to completing the requisite
graduate coursework, each licensee shall also complete in the first four years of licensure
a minimum of 40 hours of continuing education activities approved by the board under
Minnesota Rules, part 2150.2540. Graduate credit hours successfully completed in the
first four years of licensure may be applied to both the graduate credit requirement and to
the requirement for 40 hours of continuing education activities. A licensee may receive 15
continuing education hours per semester credit hour or ten continuing education hours
per quarter credit hour.
new text end Thereafter, at the time of renewal, each licensee shall provide
evidence satisfactory to the board that the licensee has completed during each two-year
period at least the equivalent of 40 clock hours of professional postdegree continuing
education in programs approved by the board and continues to be qualified to practice
under sections 148B.50 to 148B.593.

Sec. 5.

Minnesota Statutes 2010, section 148B.54, subdivision 3, is amended to read:


Subd. 3.

Relicensure following termination.

An individual whose license was
terminated deleted text beginprior to August 1, 2010,deleted text end and who can demonstrate completion of the graduate
credit requirement in subdivision 2, does not need to comply with the continuing education
requirement of Minnesota Rules, part 2150.2520, subpart 4, or with the continuing
education requirements for relicensure following termination in Minnesota Rules, part
2150.0130, subpart 2. This section does not apply to an individual whose license has
been canceled.

Sec. 6. new text beginEFFECTIVE DATE.
new text end

new text begin Sections 1 to 5 are effective August 1, 2012, unless a different effective date is
specified.
new text end

ARTICLE 6

HEALTH BOARDS

Section 1.

Minnesota Statutes 2010, section 148.10, subdivision 7, is amended to read:


Subd. 7.

Conviction of a felony-level criminal sexual conduct offense.

(a) Except
as provided in paragraph deleted text begin(e)deleted text endnew text begin (f)new text end, the board shall not grant or renew a license to practice
chiropractic to any person who has been convicted on or after August 1, 2010, of any
of the provisions of sections 609.342, subdivision 1, 609.343, subdivision 1, 609.344,
subdivision 1, paragraphs (c) to (o), or 609.345, subdivision 1, paragraphs (b) to (o).

new text begin (b) The board shall not grant or renew a license to practice chiropractic to any
person who has been convicted in any other state or country on or after August 1, 2011,
of an offense where the elements of the offense are substantially similar to any of the
offenses listed in paragraph (a).
new text end

deleted text begin (b)deleted text endnew text begin (c)new text end A license to practice chiropractic is automatically revoked if the licensee is
convicted of an offense listed in paragraph (a) deleted text beginof this sectiondeleted text end.

deleted text begin (c)deleted text endnew text begin (d)new text end A license to practice chiropractic that has been denied or revoked under this
subdivision is not subject to chapter 364.

deleted text begin (d)deleted text endnew text begin (e)new text end For purposes of this subdivision, "conviction" means a plea of guilty, a
verdict of guilty by a jury, or a finding of guilty by the court, unless the court stays
imposition or execution of the sentence and final disposition of the case is accomplished at
a nonfelony level.

deleted text begin (e)deleted text endnew text begin (f)new text end The board may establish criteria whereby an individual convicted of an offense
listed in paragraph (a) of this subdivision may become licensed provided that the criteria:

(1) utilize a rebuttable presumption that the applicant is not suitable for licensing or
credentialing;

(2) provide a standard for overcoming the presumption; and

(3) require that a minimum of ten years has elapsed since the applicant was released
from any incarceration or supervisory jurisdiction related to the offense.

The board shall not consider an application under this paragraph if the board
determines that the victim involved in the offense was a patient or a client of the applicant
at the time of the offense.

Sec. 2.

Minnesota Statutes 2010, section 214.09, is amended by adding a subdivision
to read:


new text begin Subd. 5. new text end

new text begin Health-related boards. new text end

new text begin No current member of a health-related licensing
board may seek a paid employment position with that board.
new text end

Sec. 3.

Minnesota Statutes 2010, section 214.103, is amended to read:


214.103 HEALTH-RELATED LICENSING BOARDS; COMPLAINT,
INVESTIGATION, AND HEARING.

Subdivision 1.

Application.

For purposes of this section, "board" means
"health-related licensing board" and does not include the non-health-related licensing
boards. Nothing in this section supersedes section 214.10, subdivisions 2a, 3, 8, and 9, as
they apply to the health-related licensing boards.

new text begin Subd. 1a. new text end

new text begin Notifications and resolution. new text end

new text begin (a) No more than 14 calendar days after
receiving a complaint regarding a licensee, the board shall notify the complainant that
the board has received the complaint and shall provide the complainant with the written
description of the board's complaint process. The board shall periodically, but no less
than every 120 days, notify the complainant of the status of the complaint consistent
with section 13.41.
new text end

new text begin (b) Except as provided in paragraph (d), no more than 60 calendar days after
receiving a complaint regarding a licensee, the board must notify the licensee that the
board has received a complaint and inform the licensee of:
new text end

new text begin (1) the substance of the complaint;
new text end

new text begin (2) the sections of the law that have allegedly been violated;
new text end

new text begin (3) the sections of the professional rules that have allegedly been violated; and
new text end

new text begin (4) whether an investigation is being conducted.
new text end

new text begin (c) The board shall periodically, but no less than every 120 days, notify the licensee
of the status of the complaint consistent with section 13.41.
new text end

new text begin (d) Paragraphs (b) and (c) do not apply if the board determines that such notice
would compromise the board's investigation and that such notice cannot reasonably be
accomplished within this time.
new text end

new text begin (e) No more than one year after receiving a complaint regarding a licensee, the
board must resolve or dismiss the complaint unless the board determines that resolving or
dismissing the complaint cannot reasonably be accomplished in this time and is not in
the public interest.
new text end

new text begin (f) Failure to make notifications or to resolve the complaint within the time
established in this subdivision shall not deprive the board of jurisdiction to complete the
investigation or to take corrective, disciplinary, or other action against the licensee that is
authorized by law. Such a failure by the board shall not be the basis for a licensee's request
for the board to dismiss a complaint, and shall not be considered by an administrative law
judge, the board, or any reviewing court.
new text end

Subd. 2.

Receipt of complaint.

The boards shall receive and resolve complaints
or other communications, whether oral or written, against regulated persons. Before
resolving an oral complaint, the executive director or a board member designated by the
board to review complaints deleted text beginmaydeleted text endnew text begin shall new text end require the complainant to state the complaint in
writingnew text begin or authorize transcribing the complaintnew text end. The executive director or the designated
board member shall determine whether the complaint alleges or implies a violation of
a statute or rule which the board is empowered to enforce. The executive director or
the designated board member may consult with the designee of the attorney general as
to a board's jurisdiction over a complaint. If the executive director or the designated
board member determines that it is necessary, the executive director may seek additional
information to determine whether the complaint is jurisdictional or to clarify the nature
of the allegations by obtaining records or other written material, obtaining a handwriting
sample from the regulated person, clarifying the alleged facts with the complainant, and
requesting a written response from the subject of the complaint.

Subd. 3.

Referral to other agencies.

The executive director shall forward to
another governmental agency any complaints received by the board which do not relate
to the board's jurisdiction but which relate to matters within the jurisdiction of another
governmental agency. The agency shall advise the executive director of the disposition
of the complaint. A complaint or other information received by another governmental
agency relating to a statute or rule which a board is empowered to enforce must be
forwarded to the executive director of the board to be processed in accordance with this
section.new text begin Governmental agencies may coordinate and conduct joint investigations of
complaints that involve more than one governmental agency.
new text end

Subd. 4.

Role of the attorney general.

The executive director or the designated
board member shall forward a complaint and any additional information to the designee
of the attorney general when the executive director or the designated board member
determines that a complaint is jurisdictional and:

(1) requires investigation before the executive director or the designated board
member may resolve the complaint;

(2) that attempts at resolution for disciplinary action or the initiation of a contested
case hearing is appropriate;

(3) that an agreement for corrective action is warranted; or

(4) that the complaint should be dismissed, consistent with subdivision 8.

Subd. 5.

Investigation by attorney general.

new text begin(a) new text endIf the executive director or the
designated board member determines that investigation is necessary before resolving
the complaint, the executive director shall forward the complaint and any additional
information to the designee of the attorney general. The designee of the attorney general
shall evaluate the communications forwarded and investigate as appropriate.

new text begin (b) new text endThe designee of the attorney general may also investigate any other complaint
forwarded under subdivision 3 when the designee of the attorney general determines that
investigation is necessary.

new text begin (c) new text endIn the process of evaluation and investigation, the designee shall consult with
or seek the assistance of the executive director or the designated board member. The
designee may also consult with or seek the assistance of other qualified persons who are
not members of the board who the designee believes will materially aid in the process of
evaluation or investigation.

new text begin (d) new text endUpon completion of the investigation, the designee shall forward the investigative
report to the executive directornew text begin with recommendations for further consideration or
dismissal
new text end.

Subd. 6.

Attempts at resolution.

(a) At any time after receipt of a complaint, the
executive director or the designated board member may attempt to resolve the complaint
with the regulated person. The available means for resolution include a conference or
any other written or oral communication with the regulated person. A conference may
be held for the purposes of investigation, negotiation, education, or conciliation. new text beginNeither
the executive director nor any member of a board's staff shall be a voting member in any
attempts at resolutions which may result in disciplinary or corrective action.
new text endThe results
of attempts at resolution with the regulated person may include a recommendation to
the board for disciplinary action, an agreement between the executive director or the
designated board member and the regulated person for corrective action, or the dismissal
of a complaint. If attempts at resolution are not in the public interest deleted text beginor are not satisfactory
to the executive director or the designated board member
deleted text end, deleted text beginthen the executive director or
the designated board member may initiate
deleted text end a contested case hearingnew text begin may be initiatednew text end.

(1) The designee of the attorney general shall represent the board in all attempts at
resolution which the executive director or the designated board member anticipate may
result in disciplinary action. A stipulation between the executive director or the designated
board member and the regulated person shall be presented to the board for the board's
consideration. An approved stipulation and resulting order shall become public data.

(2) The designee of the attorney general shall represent the board upon the request of
the executive director or the designated board member in all attempts at resolution which
the executive director or the designated board member anticipate may result in corrective
action. Any agreement between the executive director or the designated board member
and the regulated person for corrective action shall be in writing and shall be reviewed by
the designee of the attorney general prior to its execution. The agreement for corrective
action shall provide for dismissal of the complaint upon successful completion by the
regulated person of the corrective action.

(b) Upon receipt of a complaint alleging sexual contact or sexual conduct with a
client, the board must forward the complaint to the designee of the attorney general for
an investigation. If, after it is investigated, the complaint appears to provide a basis for
disciplinary action, the board shall resolve the complaint by disciplinary action or initiate
a contested case hearing. Notwithstanding paragraph (a), clause (2), a board may not take
corrective action or dismiss a complaint alleging sexual contact or sexual conduct with a
client unless, in the opinion of the executive director, the designated board member, and the
designee of the attorney general, there is insufficient evidence to justify disciplinary action.

Subd. 7.

Contested case hearing.

If the executive director or the designated board
member determines that attempts at resolution of a complaint are not in the public interest
deleted text begin or are not satisfactory to the executive director or the designated board memberdeleted text end, the
executive director or the designated board member, after consultation with the designee
of the attorney general, new text beginand the concurrence of a second board member, new text endmay initiate a
contested case hearing under chapter 14. The designated board member or any board
member who was consulted during the course of an investigation may participate at the
contested case hearing. A designated or consulted board member may not deliberate or
vote in any proceeding before the board pertaining to the case.

Subd. 8.

Dismissal new text beginand reopening new text endof a complaint.

new text begin(a) new text endA complaint may not be
dismissed without the concurrence of at least two board members and, upon the request
of the complainant, a review by a representative of the attorney general's office. The
designee of the attorney general must review before dismissal any complaints which
allege any violation of chapter 609, any conduct which would be required to be reported
under section 626.556 or 626.557, any sexual contact or sexual conduct with a client,
any violation of a federal law, any actual or potential inability to practice the regulated
profession or occupation by reason of illness, use of alcohol, drugs, chemicals, or any other
materials, or as a result of any mental or physical condition, any violation of state medical
assistance laws, or any disciplinary action related to credentialing in another jurisdiction
or country which was based on the same or related conduct specified in this subdivision.

new text begin (b) The board may reopen a dismissed complaint if the board receives newly
discovered information that was not available to the board during the initial investigation
of the complaint, or if the board receives a new complaint that indicates a pattern of
behavior or conduct.
new text end

Subd. 9.

Information to complainant.

A board shall furnish to a person who made
a complaint a written description of the board's complaint process, and actions of the
board relating to the complaint.

Subd. 10.

Prohibited participation by board member.

A board member who
has actual bias or a current or former direct financial or professional connection with a
regulated person may not vote in board actions relating to the regulated person.

Sec. 4.

new text begin [214.108] HEALTH-RELATED LICENSING BOARDS; LICENSEE
GUIDANCE.
new text end

new text begin A health-related licensing board may offer guidance to current licensees about the
application of laws and rules the board is empowered to enforce. This guidance shall not
bind any court or other adjudicatory body.
new text end

Sec. 5.

new text begin [214.109] RECORD KEEPING.
new text end

new text begin (a) A board may take administrative action against a regulated person whose records
do not meet the standards of professional practice. Action taken under this paragraph
shall not be considered disciplinary action.
new text end

new text begin (b) Records that are fraudulent or could result in patient harm may be handled
through disciplinary or other corrective action.
new text end

Sec. 6.

Laws 2010, chapter 349, section 1, the effective date, is amended to read:


EFFECTIVE DATE.

This section is effective for deleted text beginnewdeleted text end licenses issued new text beginor renewed
new text endon or after August 1, 2010.

ARTICLE 7

DENTISTRY

Section 1.

Minnesota Statutes 2010, section 150A.06, subdivision 1c, is amended to
read:


Subd. 1c.

Specialty dentists.

(a) The board may grant a specialty license in the
specialty areas of dentistry that are recognized by the American Dental Association.

(b) An applicant for a specialty license shall:

(1) have successfully completed a postdoctoral specialty education program
accredited by the Commission on Dental Accreditation of the American Dental
Association, or have announced a limitation of practice before 1967;

(2) have been certified by a specialty examining board approved by the Minnesota
Board of Dentistry, or provide evidence of having passed a clinical examination for
licensure required for practice in any state or Canadian province, or in the case of oral and
maxillofacial surgeons only, have a Minnesota medical license in good standing;

(3) have been in active practice or a postdoctoral specialty education program or
United States government service at least 2,000 hours in the 36 months prior to applying
for a specialty license;

(4) if requested by the board, be interviewed by a committee of the board, which
may include the assistance of specialists in the evaluation process, and satisfactorily
respond to questions designed to determine the applicant's knowledge of dental subjects
and ability to practice;

(5) if requested by the board, present complete records on a sample of patients
treated by the applicant. The sample must be drawn from patients treated by the applicant
during the 36 months preceding the date of application. The number of records shall be
established by the board. The records shall be reasonably representative of the treatment
typically provided by the applicant;

(6) at board discretion, pass a board-approved English proficiency test if English is
not the applicant's primary language;

(7) pass all components of the National deleted text beginDentaldeleted text end Boardnew text begin Dentalnew text end Examinations;

(8) pass the Minnesota Board of Dentistry jurisprudence examination;

(9) abide by professional ethical conduct requirements; and

(10) meet all other requirements prescribed by the Board of Dentistry.

(c) The application must include:

(1) a completed application furnished by the board;

(2) at least two character references from two different dentists, one of whom must
be a dentist practicing in the same specialty area, and the other the director of the specialty
program attended;

(3) a licensed physician's statement attesting to the applicant's physical and mental
condition;

(4) a statement from a licensed ophthalmologist or optometrist attesting to the
applicant's visual acuity;

(5) a nonrefundable fee; and

(6) a notarized, unmounted passport-type photograph, three inches by three inches,
taken not more than six months before the date of application.

(d) A specialty dentist holding a specialty license is limited to practicing in the
dentist's designated specialty area. The scope of practice must be defined by each national
specialty board recognized by the American Dental Association.

(e) A specialty dentist holding a general dentist license is limited to practicing in the
dentist's designated specialty area if the dentist has announced a limitation of practice.
The scope of practice must be defined by each national specialty board recognized by
the American Dental Association.

(f) All specialty dentists who have fulfilled the specialty dentist requirements and
who intend to limit their practice to a particular specialty area may apply for a specialty
license.

Sec. 2.

Minnesota Statutes 2010, section 150A.06, subdivision 3, is amended to read:


Subd. 3.

Waiver of examination.

(a) All or any part of the examination for dentists
or dental hygienists, except that pertaining to the law of Minnesota relating to dentistry
and the rules of the board, may, at the discretion of the board, be waived for an applicant
who presents a certificate of deleted text beginqualification fromdeleted text endnew text begin having passed all components ofnew text end the
National Board deleted text beginofdeleted text end Dental deleted text beginExaminersdeleted text endnew text begin Examinationsnew text end or evidence of having maintained an
adequate scholastic standing as determined by the board, in dental school as to dentists, or
dental hygiene school as to dental hygienists.

(b) The board shall waive the clinical examination required for licensure for any
dentist applicant who is a graduate of a dental school accredited by the Commission
on Dental Accreditation of the American Dental Association, who has deleted text beginsuccessfully
completed
deleted text endnew text begin passednew text end all components of the National deleted text beginDentaldeleted text end Board deleted text beginExaminationdeleted text endnew text begin Dental
Examinations
new text end, and who has satisfactorily completed a Minnesota-based postdoctoral
general dentistry residency program (GPR) or an advanced education in general dentistry
(AEGD) program after January 1, 2004. The postdoctoral program must be accredited
by the Commission on Dental Accreditation of the American Dental Association, be of
at least one year's duration, and include an outcome assessment evaluation assessing
the resident's competence to practice dentistry. The board may require the applicant to
submit any information deemed necessary by the board to determine whether the waiver is
applicable. The board may waive the clinical examination for an applicant who meets the
requirements of this paragraph and has satisfactorily completed an accredited postdoctoral
general dentistry residency program located outside of Minnesota.

Sec. 3.

Minnesota Statutes 2010, section 150A.06, subdivision 4, is amended to read:


Subd. 4.

Licensure by credentials.

(a) Any dentist or dental hygienist may, upon
application and payment of a fee established by the board, apply for licensure based on
the applicant's performance record in lieu of passing an examination approved by the
board according to section 150A.03, subdivision 1, and be interviewed by the board to
determine if the applicant:

new text begin (1) has passed all components of the National Board Dental Examinations;
new text end

deleted text begin (1)deleted text endnew text begin (2)new text end has been in active practice at least 2,000 hours within 36 months of the
application date, or passed a board-approved reentry program within 36 months of the
application date;

deleted text begin (2)deleted text endnew text begin (3)new text end currently has a license in another state or Canadian province and is not subject
to any pending or final disciplinary action, or if not currently licensed, previously had a
license in another state or Canadian province in good standing that was not subject to any
final or pending disciplinary action at the time of surrender;

deleted text begin (3)deleted text endnew text begin (4)new text end is of good moral character and abides by professional ethical conduct
requirements;

deleted text begin (4)deleted text endnew text begin (5)new text end at board discretion, has passed a board-approved English proficiency test if
English is not the applicant's primary language; and

deleted text begin (5)deleted text endnew text begin (6)new text end meets other credentialing requirements specified in board rule.

(b) An applicant who fulfills the conditions of this subdivision and demonstrates
the minimum knowledge in dental subjects required for licensure under subdivision 1 or
2 must be licensed to practice the applicant's profession.

(c) If the applicant does not demonstrate the minimum knowledge in dental subjects
required for licensure under subdivision 1 or 2, the application must be denied. When
denying a license, the board may notify the applicant of any specific remedy that the
applicant could take which, when passed, would qualify the applicant for licensure. A
denial does not prohibit the applicant from applying for licensure under subdivision 1 or 2.

(d) A candidate whose application has been denied may appeal the decision to the
board according to subdivision 4a.

Sec. 4.

Minnesota Statutes 2010, section 150A.06, subdivision 6, is amended to read:


Subd. 6.

Display of name and certificates.

new text begin(a) new text endThe initial license and subsequent
renewaldeleted text begin, or current registrationdeleted text end certificatedeleted text begin,deleted text end of every dentist, deleted text beginadeleted text end dental therapist, dental
hygienist, or dental assistant shall be conspicuously displayed in every office in which that
person practices, in plain sight of patients. new text beginWhen available from the board, the board shall
allow the display of a wallet-sized initial license and wallet-sized subsequent renewal
certificate only at nonprimary practice locations instead of displaying an original-sized
initial license and subsequent renewal certificate.
new text end

new text begin (b) new text endNear or on the entrance door to every office where dentistry is practiced, the
name of each dentist practicing there, as inscribed on the current license certificate, shall
be displayed in plain sight.

Sec. 5.

Minnesota Statutes 2010, section 150A.09, subdivision 3, is amended to read:


Subd. 3.

Current address, change of address.

Every dentist, dental therapist,
dental hygienist, and dental assistant shall maintain with the board a correct and current
mailing addressnew text begin and electronic mail addressnew text end. For dentists engaged in the practice of
dentistry, thenew text begin postalnew text end address shall be that of the location of the primary dental practice.
Within 30 days after changingnew text begin postal or electronic mailnew text end addresses, every dentist, dental
therapist, dental hygienist, and dental assistant shall provide the board written notice of
the new address either personally or by first class mail.

Sec. 6.

Minnesota Statutes 2010, section 150A.105, subdivision 7, is amended to read:


Subd. 7.

Use of dental assistants.

(a) A licensed dental therapist may supervise
dental assistants to the extent permitted in the collaborative management agreement and
according to section 150A.10, subdivision 2.

(b) Notwithstanding paragraph (a), a licensed dental therapist is limited to
supervising no more than four deleted text beginregistereddeleted text endnew text begin licensednew text end dental assistants or deleted text beginnonregistereddeleted text endnew text begin
nonlicensed
new text end dental assistants at any one practice setting.

Sec. 7.

Minnesota Statutes 2010, section 150A.106, subdivision 1, is amended to read:


Subdivision 1.

General.

In order to be certified by the board to practice as an
advanced dental therapist, a person must:

(1) complete a dental therapy education program;

(2) pass an examination to demonstrate competency under the dental therapy scope
of practice;

(3) be licensed as a dental therapist;

(4) complete 2,000 hours of dental therapy clinical practice under direct or indirect
supervision;

(5) graduate from a master's advanced dental therapy education program;

(6) pass a board-approved certification examination to demonstrate competency
under the advanced scope of practice; and

(7) submit an applicationnew text begin and feenew text end for certification as prescribed by the board.

Sec. 8.

Minnesota Statutes 2010, section 150A.14, is amended to read:


150A.14 IMMUNITY.

Subdivision 1.

Reporting immunity.

A person, health care facility, business, or
organization is immune from civil liability or criminal prosecution for submitting a report
in good faith to the board under section 150A.13, or for cooperating with an investigation
of a report or with staff of the boardnew text begin relative to violations or alleged violations of section
150A.08
new text end. Reports are confidential data on individuals under section 13.02, subdivision 3,
and are privileged communications.

Subd. 2.

deleted text beginProgramdeleted text endnew text begin Investigationnew text end immunity.

new text begin(a) new text endMembers of the board, persons
employed by the board, and board consultantsnew text begin retained by the boardnew text end are immune from
civil liability and criminal prosecution for any actions, transactions, or publications in
the execution of, or relating to, their duties under deleted text beginsection 150A.13deleted text endnew text begin sections 150A.02 to
150A.21, 214.10, and 214.103
new text end.

new text begin (b) For purposes of this section, a member of the board or a consultant described in
paragraph (a) is considered a state employee under section 3.736, subdivision 9.
new text end