as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to health occupations; modifying provisions 1.3 for alcohol and drug counselors licensure; creating 1.4 the board of alcohol and drug counselors; amending 1.5 Minnesota Statutes 2002, sections 148C.01, 1.6 subdivisions 2, 12, by adding subdivisions; 148C.02; 1.7 148C.03; 148C.0351, subdivisions 1, 3, by adding a 1.8 subdivision; 148C.04; 148C.05, subdivision 1, by 1.9 adding subdivisions; 148C.07; 148C.09; 148C.091; 1.10 148C.093; 148C.095; 148C.099; 148C.10, subdivisions 1, 1.11 2; 148C.11; proposing coding for new law in Minnesota 1.12 Statutes, chapter 148C; repealing Minnesota Statutes 1.13 2002, sections 148C.01, subdivision 6; 148C.0351, 1.14 subdivision 2; 148C.05, subdivisions 2, 3, 4; 148C.06; 1.15 148C.10, subdivision 1a; Minnesota Rules, parts 1.16 4747.0030, subparts 25, 28, 30; 4747.0040, subpart 3, 1.17 item A; 4747.0060, subpart 1, items A, B, D; 1.18 4747.0070, subparts 4, 5; 4747.0080; 4747.0090; 1.19 4747.0100; 4747.0300; 4747.0400, subparts 2, 3; 1.20 4747.0500; 4747.0600; 4747.1000; 4747.1100, subparts 1.21 2, 3; 4747.1600. 1.22 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.23 Section 1. Minnesota Statutes 2002, section 148C.01, is 1.24 amended by adding a subdivision to read: 1.25 Subd. 1a. [ACCREDITING ASSOCIATION.] "Accrediting 1.26 association" means an organization recognized by the 1.27 commissioner that evaluates schools and education programs of 1.28 alcohol and drug counseling or is listed in Nationally 1.29 Recognized Accrediting Agencies and Associations, Criteria and 1.30 Procedures for Listing by the U.S. Secretary of Education and 1.31 Current List (1996), which is incorporated by reference. 1.32 Sec. 2. Minnesota Statutes 2002, section 148C.01, 1.33 subdivision 2, is amended to read: 2.1 Subd. 2. [ALCOHOL AND DRUG COUNSELOR.] "Alcohol and drug 2.2 counselor" or "counselor" means a person who: 2.3 (1) uses, as a representation to the public, any title, 2.4 initials, or description of services incorporating the words 2.5 "alcohol and drug counselor"; 2.6 (2) offers to render professional alcohol and drug 2.7 counseling services relative to the abuse of or the dependency 2.8 on alcohol or other drugs to the general public or groups, 2.9 organizations, corporations, institutions, or government 2.10 agencies for compensation, implying that the person is licensed 2.11 and trained, experienced or expert in alcohol and drug 2.12 counseling; 2.13 (3) holds a valid license issued undersections 148C.01 to2.14148C.11this chapter to engage in the practice of alcohol and 2.15 drug counseling; or 2.16 (4) is an applicant for an alcohol and drug counseling 2.17 license. 2.18 Sec. 3. Minnesota Statutes 2002, section 148C.01, is 2.19 amended by adding a subdivision to read: 2.20 Subd. 2a. [ALCOHOL AND DRUG COUNSELOR CLASSROOM 2.21 EDUCATION.] "Alcohol and drug counselor classroom education" 2.22 means classroom education, which is directly related to alcohol 2.23 and drug counseling, including, but not limited to, the core 2.24 functions and code of conduct and is taken through an accredited 2.25 school or educational program. 2.26 Sec. 4. Minnesota Statutes 2002, section 148C.01, is 2.27 amended by adding a subdivision to read: 2.28 Subd. 2b. [ALCOHOL AND DRUG COUNSELOR CONTINUING EDUCATION 2.29 ACTIVITY.] "Alcohol and drug counselor continuing education 2.30 activity" means clock hours that meet the requirements of 2.31 section 148C.075 and Minnesota Rules, part 4747.1100, and are 2.32 obtained by a licensee at educational programs of annual 2.33 conferences, lectures, panel discussions, workshops, seminars, 2.34 symposiums, employer-sponsored inservices, or courses taken 2.35 through accredited schools or education programs, including 2.36 home-study courses. 3.1 Sec. 5. Minnesota Statutes 2002, section 148C.01, is 3.2 amended by adding a subdivision to read: 3.3 Subd. 2c. [ALCOHOL AND DRUG COUNSELOR 3.4 TECHNICIAN.] "Alcohol and drug counselor technician" means a 3.5 person not licensed as an alcohol and drug counselor who is 3.6 performing acts authorized under section 148C.045. 3.7 Sec. 6. Minnesota Statutes 2002, section 148C.01, is 3.8 amended by adding a subdivision to read: 3.9 Subd. 2d. [ALCOHOL AND DRUG COUNSELOR TRAINING.] "Alcohol 3.10 and drug counselor training" means clock hours obtained by an 3.11 applicant at educational programs of annual conferences, 3.12 lectures, panel discussions, workshops, seminars, symposiums, 3.13 employer-sponsored inservices, or courses taken through 3.14 accredited schools or education programs, including home-study 3.15 courses. Clock hours obtained from accredited schools or 3.16 education programs must be measured under Minnesota Rules, part 3.17 4747.1100, subpart 5. 3.18 Sec. 7. Minnesota Statutes 2002, section 148C.01, is 3.19 amended by adding a subdivision to read: 3.20 Subd. 2e. [BOARD.] "Board" means the state board of 3.21 alcohol and drug counselors. 3.22 Sec. 8. Minnesota Statutes 2002, section 148C.01, is 3.23 amended by adding a subdivision to read: 3.24 Subd. 2f. [CLOCK HOUR.] "Clock hour" means an 3.25 instructional session of 50 consecutive minutes, excluding 3.26 coffee breaks, registration, meals without a speaker, and social 3.27 activities. 3.28 Sec. 9. Minnesota Statutes 2002, section 148C.01, is 3.29 amended by adding a subdivision to read: 3.30 Subd. 2g. [CREDENTIAL.] "Credential" means a license, 3.31 permit, certification, registration, or other evidence of 3.32 qualification or authorization to engage in the practice of an 3.33 occupation. 3.34 Sec. 10. Minnesota Statutes 2002, section 148C.01, is 3.35 amended by adding a subdivision to read: 3.36 Subd. 4a. [LICENSEE.] "Licensee" means a person who holds 4.1 a valid license under this chapter. 4.2 Sec. 11. Minnesota Statutes 2002, section 148C.01, 4.3 subdivision 12, is amended to read: 4.4 Subd. 12. [SUPERVISED ALCOHOL AND DRUGCOUNSELING4.5EXPERIENCECOUNSELOR.]Except during the transition period,4.6 "Supervised alcohol and drugcounseling experiencecounselor" 4.7 meanspractical experience gained bya student,volunteer, or4.8 either before, during, or after the student completes a program 4.9 from an accredited school or educational program of alcohol and 4.10 drug counseling, an intern,andor a person issued a temporary 4.11 permit under section 148C.04, subdivision 4, and who is 4.12 supervised by a person either licensed under this chapter or 4.13 exempt under its provisions; either before, during, or after the4.14student completes a program from an accredited school or4.15educational program of alcohol and drug counseling. 4.16 Sec. 12. Minnesota Statutes 2002, section 148C.01, is 4.17 amended by adding a subdivision to read: 4.18 Subd. 12a. [SUPERVISOR.] "Supervisor" means a person whose 4.19 position in an alcohol and drug counseling work setting 4.20 includes, but is not limited to, the following: 4.21 (1) assessing the qualifications of and hiring counselors; 4.22 (2) assigning job duties and training and directing 4.23 counselors in the execution of responsibilities to reach work 4.24 plan objectives; and 4.25 (3) evaluating counselor work performance and holding 4.26 periodic performance reviews. 4.27 Sec. 13. Minnesota Statutes 2002, section 148C.02, is 4.28 amended to read: 4.29 148C.02 [BOARD OF ALCOHOL AND DRUG COUNSELORSLICENSING4.30ADVISORY COUNCIL.] 4.31 Subdivision 1. [MEMBERSHIP.] (a) The board of alcohol and 4.32 drug counselorslicensing advisory council consists ofis 4.33 created with the powers and duties described in this section. 4.34 The board has 13 members. The commissioner shall appointwho 4.35 consist of: 4.36 (1)except for those members initially appointed,seven 5.1 memberswho must belicensed as alcohol and drug counselors; 5.2 (2) threemembers who must bepublic members as defined by 5.3 section 214.02; 5.4 (3) onemember who must be adirector or coordinator of an 5.5 accredited alcohol and drug dependency training program; and 5.6 (4) onemember who must be aformer consumer of alcohol and 5.7 drug dependency counseling serviceandwho must have received 5.8 the service more than three years before the person's 5.9 appointment. 5.10 The American Indian advisory committee to the department of 5.11 human services chemical dependency office shall appoint the 5.12 remaining member. 5.13 (b) The members of the board shall: 5.14 (1) be appointed by the governor unless otherwise specified 5.15 in paragraph (a); 5.16 (2) be residents of the state; 5.17 (3) serve no more than two consecutive terms; and 5.18 (4) designate the officers of the board. 5.19 Subd. 2. [DUTIES.] Theadvisory councilboard shall: 5.20 (1)provide advice and recommendations to the commissioner5.21on the development ofdevelop rules for the licensure of alcohol 5.22 and drug counselors; 5.23 (2)provide advice and recommendations to the commissioner5.24on the development ofdevelop standards and procedures for the 5.25 competency testing, licensing, and review of alcohol and drug 5.26 counselors' professional conduct; 5.27 (3) provide advice and recommendations to thecommissioner5.28 board in disciplinary cases in the areas of counselor competency 5.29 issues, counselor practice issues, and counselor impairment 5.30 issues. 5.31 Subd. 3. [TERMS.] The terms, compensation, and removal of 5.32 members shall be as provided in section 15.059, except that 5.33 notwithstanding any contrary law, theadvisory councilboard 5.34 shall not expire. 5.35 Sec. 14. Minnesota Statutes 2002, section 148C.03, is 5.36 amended to read: 6.1 148C.03 [DUTIES OFCOMMISSIONERTHE BOARD.] 6.2 Subdivision 1. [GENERAL.] Thecommissionerboard shall,6.3after consultation with the advisory council or a committee6.4established by rule: 6.5 (a) adopt and enforce rules for licensure of alcohol and 6.6 drug counselors, including establishing standards and methods of 6.7 determining whether applicants and licensees are qualified under 6.8 section 148C.04. The rules must provide for examinations and 6.9 establish standards for the regulation of professional conduct.6.10The rules must be designed to protect the public; 6.11 (b) develop and, at least twice a year, administer an 6.12 examination to assess applicants' knowledge and skills. The 6.13commissionerboard may contract for the administration of an 6.14 examination with an entity designated by thecommissionerboard. 6.15 The examinations must be psychometrically valid and reliable; 6.16 must be written and oral, with the oral examination based on a 6.17 written case presentation; must minimize cultural bias; and must 6.18 be balanced in various theories relative to the practice of 6.19 alcohol and drug counseling; 6.20 (c) issue licenses to individuals qualified undersections6.21148C.01 to 148C.11this chapter; 6.22 (d) issue copies of the rules for licensure to all 6.23 applicants; 6.24 (e) adopt rules to establish and implement procedures, 6.25 including a standard disciplinary process and rules of 6.26 professional conduct; 6.27 (f) carry out disciplinary actions against licensees; 6.28 (g) establish, with the advice and recommendations of the6.29advisory council,written internal operating procedures for 6.30 receiving and investigating complaints and for taking 6.31 disciplinary actions as appropriate; 6.32 (h) educate the public about the existence and content of 6.33 the rules for alcohol and drug counselor licensing to enable 6.34 consumers to file complaints against licensees who may have 6.35 violated the rules; 6.36 (i) evaluate the rules in order to refine and improve the 7.1 methods used to enforce thecommissioner'sboard's standards; 7.2 and 7.3 (j)set,collect, and adjustlicense fees for alcohol and 7.4 drug counselorsso that the total fees collected will as closely7.5as possible equal anticipated expenditures during the biennium,7.6as provided in section 16A.1285; fees for initial and renewal7.7application and examinations; late fees for counselors who7.8submit license renewal applications after the renewal deadline;7.9and a surcharge fee. The surcharge fee must include an amount7.10necessary to recover, over a five-year period, the7.11commissioner's direct expenditures for the adoption of the rules7.12providing for the licensure of alcohol and drug counselors. All7.13fees received shall be deposited in the state treasury and7.14credited to the special revenue fund. 7.15 Subd. 4. [PROFESSIONAL ACCOUNTABILITY.] The 7.16commissionerboard shall maintain and keep current a file 7.17 containing the reports and complaints filed against alcohol and 7.18 drug counselors within thecommissioner'sboard's jurisdiction. 7.19 Sec. 15. Minnesota Statutes 2002, section 148C.0351, 7.20 subdivision 1, is amended to read: 7.21 Subdivision 1. [APPLICATION FORMS.] Unless exempted under 7.22 section 148C.11, a person who practices alcohol and drug 7.23 counseling in Minnesota must: 7.24 (1) apply to thecommissionerboard for a license to 7.25 practice alcohol and drug counseling on forms provided by the 7.26commissionerboard; 7.27 (2) include with the application a statement that the 7.28 statements in the application are true and correct to the best 7.29 of the applicant's knowledge and belief; 7.30 (3) include with the application a nonrefundable 7.31 application fee specifiedby the commissionerin section 7.32 148C.12; 7.33 (4) include with the application information describing the 7.34 applicant's experience, including the number of years and months 7.35 the applicant has practiced alcohol and drug counseling as 7.36 defined in section 148C.01; 8.1 (5) include with the application the applicant's business 8.2 address and telephone number, or home address and telephone 8.3 number if the applicant conducts business out of the home, and 8.4 if applicable, the name of the applicant's supervisor, manager, 8.5 and employer; 8.6 (6) include with the application a written and signed 8.7 authorization for thecommissionerboard to make inquiries to 8.8 appropriate state regulatory agencies and private credentialing 8.9 organizations in this or any other state where the applicant has 8.10 practiced alcohol and drug counseling; and 8.11 (7) complete the application in sufficient detail for the 8.12commissionerboard to determine whether the applicant meets the 8.13 requirements for filing. Thecommissionerboard may ask the 8.14 applicant to provide additional information necessary to clarify 8.15 incomplete or ambiguous information submitted in the application. 8.16 Sec. 16. Minnesota Statutes 2002, section 148C.0351, 8.17 subdivision 3, is amended to read: 8.18 Subd. 3. [REQUIREMENT TO MAINTAIN CURRENT INFORMATION.] An 8.19 alcohol and drug counselor must notify thecommissionerboard 8.20 within 30 days of the occurrence of any of the following: 8.21 (1) a change of name, address, place of employment, and 8.22 home or business telephone number; and 8.23 (2) a settlement or award based on negligent or intentional 8.24 acts committed in providing alcohol and drug counseling services. 8.25 Sec. 17. Minnesota Statutes 2002, section 148C.0351, is 8.26 amended by adding a subdivision to read: 8.27 Subd. 4. [INITIAL LICENSE; TERM.] (a) An initial license 8.28 is effective on the date the board indicates on the license 8.29 certificate, with the license number, sent to the applicant upon 8.30 approval of the application. 8.31 (b) An initial license is valid for a period beginning with 8.32 the effective date in paragraph (a) and ending on the date 8.33 specified on the license certificate by the board, which will 8.34 place the applicant in an existing two-year renewal cycle, as 8.35 established under section 148C.05, subdivision 1. 8.36 Sec. 18. [148C.0355] [BOARD ACTION ON APPLICATIONS FOR 9.1 LICENSURE.] 9.2 The board shall act on each application for licensure 9.3 within 90 days from the date the application is received by the 9.4 board. The board shall determine if the applicant meets the 9.5 requirements for licensure and whether there are grounds for 9.6 denial of licensure under this chapter. If the board denies an 9.7 application on grounds other than the applicant's failure of an 9.8 examination, the board shall: 9.9 (1) notify the applicant, in writing, of the denial and the 9.10 reason for the denial and provide the applicant 30 days from the 9.11 date of the letter informing the applicant of the denial in 9.12 which the applicant may provide additional information to 9.13 address the reasons for the denial. If the applicant does not 9.14 respond in writing to the board within the 30-day period, the 9.15 denial is final. If the board receives additional information, 9.16 the board shall review it and make a final determination 9.17 thereafter; 9.18 (2) notify the applicant that an application submitted 9.19 following denial is a new application and must be accompanied by 9.20 the appropriate fee as specified in section 148C.12; and 9.21 (3) notify the applicant of the right to request a hearing 9.22 under chapter 14. 9.23 Sec. 19. Minnesota Statutes 2002, section 148C.04, is 9.24 amended to read: 9.25 148C.04 [REQUIREMENTS FOR LICENSURE.] 9.26 Subdivision 1. [GENERAL REQUIREMENTS.] The 9.27commissionerboard shall issue licenses to the individuals 9.28 qualified undersections 148C.01 to 148C.11this chapter to 9.29 practice alcohol and drug counseling. 9.30 Subd. 2. [FEE.] Each applicant shall pay a nonrefundable 9.31 feeset by the commissioner pursuant to section 148C.03as 9.32 specified in section 148C.12. Fees paid to the 9.33commissionerboard shall be deposited in the special revenue 9.34 fund. 9.35 Subd. 3. [LICENSING REQUIREMENTS FORTHE FIRST FIVE9.36YEARSTIER I COUNSELORS.]For five years after the effective10.1date of the rules authorized in section 148C.03, theAn 10.2 applicant, unless qualified under section 148C.06 during the10.325-month period authorized therein, under section 148C.07, or10.4under subdivision 4,for a tier I license must furnish evidence 10.5 satisfactory to thecommissionerboard that the applicant has 10.6 met all the requirements in clauses (1) to (3). The applicant 10.7 must have: 10.8 (1) received an associate degree, or an equivalent number 10.9 of credit hours, and a certificate in alcohol and drug 10.10 counseling including 270 clock hours of alcohol and drug 10.11 counseling classroom education from an accredited school or 10.12 educational program and 880 clock hours of supervised alcohol 10.13 and drug counseling practicum; 10.14 (2) completed a written case presentation and 10.15 satisfactorily passed an oral examination established by the 10.16 board that demonstrates competence in the core functions; and 10.17 (3) satisfactorily passed a written examination as 10.18 established by thecommissionerboard. 10.19 Subd. 4. [LICENSING REQUIREMENTSAFTER FIVE YEARSFOR TIER 10.20 II COUNSELORS.]Beginning five years after the effective date of10.21the rules authorized in section 148C.03, subdivision 1 ,(a) An 10.22 applicant forlicensurea tier II license must submit evidence 10.23 to thecommissionerboard that the applicant has met one of the 10.24 following requirements: 10.25 (1) the applicant must have: 10.26 (i) received a bachelor's degree from an accredited school 10.27 or educational program, including 480 clock hours of alcohol and 10.28 drug counseling education from an accredited school or 10.29 educational program and 880 clock hours of supervised alcohol 10.30 and drug counseling practicum; 10.31 (ii) completed a written case presentation and 10.32 satisfactorily passed an oral examination established by the 10.33 board that demonstrates competence in the core functions; and 10.34 (iii) satisfactorily passed a written examination as 10.35 established by thecommissionerboard; or 10.36 (2) the applicant must meet the requirements of section 11.1 148C.07. 11.2 (b) This subdivision is effective upon the recognition of 11.3 an accrediting association by the board. 11.4 Subd. 6. [TEMPORARYPRACTICEPERMIT REQUIREMENTS.] (a)A11.5person may temporarilyThe board shall issue a temporary permit 11.6 to practice alcohol and drug counseling prior to being licensed 11.7 under this chapter if the person: 11.8 (1) either: 11.9 (i)meets the associate degree education and practicum11.10requirements of subdivision 3, clause (1);11.11(ii) meets the bachelor's degree education and practicum11.12requirements of subdivision 4, clause (1), item (i); or11.13(iii)submits verification of a current and unrestricted 11.14 credential for the practice of alcohol and drug counseling from 11.15 a national certification body or a certification or licensing 11.16 body from another state, United States territory, or federally 11.17 recognized tribal authority; or 11.18 (ii) submits verification of the completion of at least 64 11.19 semester credits, including 270 clock hours or 18 semester 11.20 credits of formal classroom education in alcohol and drug 11.21 counseling and at least 440 clock hours of alcohol and drug 11.22 counseling practicum from an accredited school or educational 11.23 program; 11.24 (2)requestsapplies, in writing,temporary practice status11.25with the commissioneron an application formaccording to11.26section 148C.0351provided by the board, which includes the 11.27 nonrefundablelicensetemporary permit fee as specified in 11.28 section 148C.12 and an affirmation by the person's supervisor, 11.29 as defined in paragraph(b)(c), clause (1),andwhich is signed 11.30 and dated by the person and the person's supervisor; and 11.31 (3) has not been disqualified to practice temporarily on 11.32 the basis of a background investigation under section 148C.09, 11.33 subdivision 1a; and. 11.34(4) has been notified(b) The board must notify the person 11.35 in writing within 30 days from the date the application is 11.36 received by thecommissioner thatboard whether the person is 12.1 qualified to practice under this subdivision. 12.2(b)(c) A person practicing under this subdivision: 12.3 (1) may practiceonlyunder tribal jurisdiction or in a 12.4 programlicensed by the department of human services andunder 12.5 the direct, on-site supervision of a person who is licensed 12.6 under this chapterand employed in that licensed program; 12.7 (2) is subject to the rules of professional conduct set by 12.8 rule; and 12.9 (3) is not subject to the continuing education requirements 12.10 of section148C.05148C.075. 12.11 (c) A person practicing under this subdivisionmay notmust 12.12 usewith the public anythe title or description stating or 12.13 implying that the person islicensed to engagea trainee engaged 12.14 in the practice of alcohol and drug counseling. 12.15 (d)The temporary status ofA personapplying for temporary12.16practicepracticing under this subdivisionexpires on the date12.17the commissioner grants or denies licensingmust annually submit 12.18 a renewal application on forms provided by the board with the 12.19 renewal fee required in section 148C.12, subdivision 3, and the 12.20 board may renew the temporary permit if the trainee meets the 12.21 requirements of this subdivision. A trainee may renew a 12.22 practice permit no more than five times. 12.23 (e) A temporary permit expires if not renewed, upon a 12.24 change of employment of the trainee or upon a change in 12.25 supervision, or upon the granting or denial by the board of a 12.26 tier I or tier II license. 12.27 Subd. 7. [EFFECT AND SUSPENSION OF TEMPORARY PRACTICE.] 12.28 Approval of a person's application for temporary practice 12.29 creates no rights to or expectation of approval from the 12.30commissionerboard for licensure as an alcohol and drug 12.31 counselor. Thecommissionerboard may suspend or restrict a 12.32 person's temporary practice status according to section 148C.09. 12.33 Sec. 20. [148C.045] [ALCOHOL AND DRUG COUNSELOR 12.34 TECHNICIAN.] 12.35 An alcohol and drug counselor technician may perform the 12.36 services described in section 148C.01, subdivision 9, paragraphs 13.1 (1), (2), and (3), while under the direct supervision of a 13.2 licensed alcohol and drug counselor. 13.3 Sec. 21. Minnesota Statutes 2002, section 148C.05, 13.4 subdivision 1, is amended to read: 13.5 Subdivision 1. [BIENNIAL RENEWALREQUIREMENTS.]To renew a13.6license, an applicant must:13.7(1) complete a renewal application every two years on a13.8form provided by the commissioner and submit the biennial13.9renewal fee by the deadline; and13.10(2) submit additional information if requested by the13.11commissioner to clarify information presented in the renewal13.12application. This information must be submitted within 30 days13.13of the commissioner's request.A license must be renewed every 13.14 two years. 13.15 Sec. 22. Minnesota Statutes 2002, section 148C.05, is 13.16 amended by adding a subdivision to read: 13.17 Subd. 1a. [RENEWAL REQUIREMENTS.] To renew a license, an 13.18 applicant must submit to the board: 13.19 (1) a completed and signed application for license renewal, 13.20 including a signed consent authorizing the board to obtain 13.21 information about the applicant from third parties, including, 13.22 but not limited to, employers, former employers, and law 13.23 enforcement agencies; 13.24 (2) the renewal fee required under section 148C.12; and 13.25 (3) additional information as requested by the board to 13.26 clarify information presented in the renewal application. The 13.27 licensee must submit information within 30 days of the date of 13.28 the board's request. 13.29 Sec. 23. Minnesota Statutes 2002, section 148C.05, is 13.30 amended by adding a subdivision to read: 13.31 Subd. 5. [LICENSE RENEWAL NOTICE.] At least 60 calendar 13.32 days before the renewal deadline date in subdivision 6, the 13.33 board shall mail a renewal notice to the licensee's last known 13.34 address on file with the board. The notice must include an 13.35 application for license renewal, the renewal deadline, and 13.36 notice of fees required for renewal. The licensee's failure to 14.1 receive notice does not relieve the licensee of the obligation 14.2 to meet the renewal deadline and other requirements for license 14.3 renewal. 14.4 Sec. 24. Minnesota Statutes 2002, section 148C.05, is 14.5 amended by adding a subdivision to read: 14.6 Subd. 6. [RENEWAL DEADLINE AND LAPSE OF LICENSURE.] (a) 14.7 Licensees must comply with paragraphs (b) to (d). 14.8 (b) Each license certificate must state an expiration 14.9 date. An application for license renewal must be received by 14.10 the board or postmarked at least 30 calendar days before the 14.11 expiration date. If the postmark is illegible, the application 14.12 must be considered timely if received at least 21 calendar days 14.13 before the expiration date. 14.14 (c) An application for license renewal not received within 14.15 the time required under paragraph (b) must be accompanied by a 14.16 late fee in addition to the renewal fee required in section 14.17 148C.12. 14.18 (d) A licensee's license lapses if the licensee fails to 14.19 submit to the board a license renewal application by the 14.20 licensure expiration date. A licensee shall not engage in the 14.21 practice of alcohol and drug counseling while the license is 14.22 lapsed. A licensee whose license has lapsed may renew the 14.23 license by complying with section 148C.06. 14.24 Sec. 25. Minnesota Statutes 2002, section 148C.05, is 14.25 amended by adding a subdivision to read: 14.26 Subd. 7. [INACTIVE LICENSE STATUS.] Unless a complaint is 14.27 pending against the licensee, a licensee whose license is in 14.28 good standing may request, in writing, that the license be 14.29 placed on the inactive list. If a complaint is pending against 14.30 a licensee, a license may not be placed on the inactive list 14.31 until action relating to the complaint is concluded. The board 14.32 must receive the request for inactive status before expiration 14.33 of the license. A request for inactive status received after 14.34 the license expiration date must be denied. A licensee may 14.35 renew a license that is inactive under this subdivision by 14.36 meeting the renewal requirements of section 148C.06, subdivision 15.1 2, except that payment of a late renewal fee is not required. A 15.2 licensee must not practice alcohol and drug counseling while the 15.3 license is inactive. 15.4 Sec. 26. [148C.055] [RENEWAL OF INACTIVE OR LAPSED 15.5 LICENSE.] 15.6 Subdivision 1. [RENEWAL OF INACTIVE LICENSE.] A licensee 15.7 whose license is inactive shall renew the inactive status by the 15.8 inactive status expiration date determined by the board or the 15.9 license will lapse. An application for renewal of inactive 15.10 status must include evidence satisfactory to the board that the 15.11 licensee has completed 40 clock hours of continuing professional 15.12 education required in section 148C.075, and be received by the 15.13 board at least 30 calendar days before the expiration date. If 15.14 the postmark is illegible, the application must be considered 15.15 timely if received at least 21 calendar days before the 15.16 expiration date. Late renewal of inactive status must be 15.17 accompanied by a late fee as required in section 148C.12. 15.18 Subd. 2. [RENEWAL OF LAPSED LICENSE.] An individual whose 15.19 license has lapsed for less than two years may renew the license 15.20 by submitting: 15.21 (1) a completed and signed license renewal application; 15.22 (2) the inactive license renewal fee or the renewal fee and 15.23 the late fee as required under section 148C.12; and 15.24 (3) proof of having met the continuing education 15.25 requirements in section 148C.075 since the individual's initial 15.26 licensure or last license renewal. The license issued is then 15.27 effective for the remainder of the next two-year license cycle. 15.28 Subd. 3. [LICENSE RENEWAL FOR TWO YEARS OR MORE AFTER 15.29 LICENSE EXPIRATION DATE.] An individual who submitted a license 15.30 renewal two years or more after the license expiration date must 15.31 submit the following: 15.32 (1) a completed and signed application for licensure, as 15.33 required by section 148C.0351; 15.34 (2) the initial license fee as required in section 148C.12; 15.35 and 15.36 (3) verified documentation of having achieved a passing 16.1 score within the past year on an examination required by the 16.2 board. 16.3 Sec. 27. Minnesota Statutes 2002, section 148C.07, is 16.4 amended to read: 16.5 148C.07 [RECIPROCITY.] 16.6The commissioner shall issue an appropriate license to(a) 16.7 An individual who holds a current license orother credential to16.8engage in alcohol and drug counselingnational certification as 16.9 an alcohol and drug counselor from another jurisdictionif the16.10commissioner finds that the requirements for that credential are16.11substantially similar to the requirements in sections 148C.01 to16.12148C.11must file with the board a completed application for 16.13 licensure by reciprocity containing the information required 16.14 under this section. 16.15 (b) The applicant must request the credentialing authority 16.16 of the jurisdiction in which the credential is held to send 16.17 directly to the board a statement that the credential is current 16.18 and in good standing, the applicant's qualifications that 16.19 entitled the applicant to the credential, and a copy of the 16.20 jurisdiction's credentialing laws and rules that were in effect 16.21 at the time the applicant obtained the credential. 16.22 (c) The board shall issue a tier I or tier II license if 16.23 the board finds that the requirements, which the applicant had 16.24 to meet to obtain the credential from the other jurisdiction 16.25 were substantially similar to the requirements for licensure in 16.26 this chapter, and the applicant is not otherwise disqualified 16.27 under section 148C.09. 16.28 Sec. 28. [148C.075] [CONTINUING EDUCATION REQUIREMENTS.] 16.29 Subdivision 1. [GENERAL REQUIREMENTS.] The board shall 16.30 establish a two-year continuing education reporting schedule 16.31 requiring licensees to report completion of the requirements of 16.32 this section. Licensees must document completion of a minimum 16.33 of 40 clock hours of continuing education activities each 16.34 reporting period. A licensee may be given credit only for 16.35 activities that directly relate to the practice of alcohol and 16.36 drug counseling, the core functions, or the rules of 17.1 professional conduct in Minnesota Rules, part 4747.1400. The 17.2 continuing education reporting form must require reporting of 17.3 the following information: 17.4 (1) the continuing education activity title; 17.5 (2) a brief description of the continuing education 17.6 activity; 17.7 (3) the sponsor, presenter, or author; 17.8 (4) the location and attendance dates; 17.9 (5) the number of clock hours; and 17.10 (6) a statement that the information is true and correct to 17.11 the best knowledge of the licensee. 17.12 Only continuing education obtained during the previous 17.13 two-year reporting period may be considered at the time of 17.14 reporting. Clock hours must be earned and reported in 17.15 increments of one-half clock hour with a minimum of one clock 17.16 hour for each continuing education activity. 17.17 Subd. 2. [CONTINUING EDUCATION REQUIREMENTS FOR LICENSEE'S 17.18 FIRST FOUR YEARS.] Licensees must, as part of meeting the clock 17.19 hour requirement of this section, obtain and document 18 hours 17.20 of cultural diversity training within the first four years after 17.21 their initial license effective date according to the board's 17.22 reporting schedule. 17.23 Subd. 3. [CONTINUING EDUCATION REQUIREMENTS AFTER 17.24 LICENSEE'S INITIAL FOUR YEARS.] Beginning four years following a 17.25 licensee's initial license effective date and according to the 17.26 board's reporting schedule, a licensee must document completion 17.27 of a minimum of six clock hours each reporting period of 17.28 cultural diversity training. Licensees must also document 17.29 completion of six clock hours in courses directly related to the 17.30 rules of professional conduct in Minnesota Rules, part 4747.1400. 17.31 Subd. 4. [STANDARDS FOR APPROVAL.] In order to obtain 17.32 clock hour credit for a continuing education activity, the 17.33 activity must: 17.34 (1) constitute an organized program of learning; 17.35 (2) reasonably be expected to advance the knowledge and 17.36 skills of the alcohol and drug counselor; 18.1 (3) pertain to subjects that directly relate to the 18.2 practice of alcohol and drug counseling and the core functions 18.3 of an alcohol and drug counselor, or the rules of professional 18.4 conduct in Minnesota Rules, part 4747.1400; 18.5 (4) be conducted by individuals who have education, 18.6 training, and experience and are knowledgeable about the subject 18.7 matter; and 18.8 (5) be presented by a sponsor who has a system to verify 18.9 participation and maintains attendance records for three years, 18.10 unless the sponsor provides dated evidence to each participant 18.11 with the number of clock hours awarded. 18.12 Sec. 29. Minnesota Statutes 2002, section 148C.09, is 18.13 amended to read: 18.14 148C.09 [DENIAL, SUSPENSION, OR REVOCATION OF LICENSE.] 18.15 Subdivision 1. [GROUNDS.] Thecommissionerboard may 18.16 refuse to grant a license to, or may suspend, revoke, or 18.17 restrict the license of an individual if thecommissionerboard 18.18 determines that a licensee or applicant: 18.19 (1) is incompetent to engage in alcohol and drug counseling 18.20 practice or is found to be engaged in alcohol and drug 18.21 counseling practice in a manner harmful or dangerous to a client 18.22 or the public; 18.23 (2) has violated this chapter or the rules of 18.24 thecommissioner or the statutes the commissioner is empowered18.25to enforceboard; or any law, rule order, stipulation and 18.26 consent order, agreement, or settlement; 18.27 (3) has obtained or attempted to obtain a license or 18.28 license renewal by bribery or fraudulent misrepresentation; 18.29 (4) has knowingly made a false statement on the form 18.30 required to be submitted to thecommissionerboard for licensing 18.31 or license renewal; 18.32 (5) has failed to obtain continuing education credits 18.33 required by thecommissionerboard; 18.34 (6) has failed to demonstrate the qualifications or satisfy 18.35 the requirements for a license contained in this chapter or 18.36 rules of thecommissionerboard. The burden of proof shall be 19.1 upon the applicant to demonstrate qualifications or satisfaction 19.2 of requirements; 19.3 (7) has been convicted of a crime, including a finding or 19.4 verdict of guilt, an admission of guilt, or a no contest plea, 19.5 in any court in Minnesota or any other jurisdiction in the 19.6 United States, reasonably related to the provision of alcohol 19.7 and drug counseling services. Conviction, as used in this 19.8 subdivision, includes conviction of an offense which, if 19.9 committed in this state, would be deemed a felony or gross 19.10 misdemeanor without regard to its designation elsewhere, or a 19.11 criminal proceeding where a finding or verdict of guilty is made 19.12 or returned but the adjudication of guilt is either withheld or 19.13 not entered; 19.14 (8) has been convicted of a crime against another person. 19.15 For purposes of this chapter, a crime against another person 19.16 means an offense listed in section 148B.68, subdivision 1, 19.17 paragraph (b); 19.18 (9) has failed to comply with the self-reporting 19.19 requirements of section 148C.095, subdivision 7; 19.20 (10) has engaged in sexual contact with a client, or a 19.21 former client, as defined in section 148A.01, or has engaged in 19.22 conduct that may be reasonably interpreted by a client as 19.23 sexual, or has engaged in any verbal behavior that is seductive 19.24 or sexually demeaning to the client, or has engaged in sexual 19.25 exploitation of a client or former client; 19.26 (11) has engaged in false, fraudulent, deceptive, or 19.27 misleading advertising; 19.28 (12) has engaged in conduct likely to deceive, defraud, or 19.29 harm the public; or has demonstrated a willful or careless 19.30 disregard for the health, welfare, or safety of a client; or any 19.31 other practice that may create unnecessary danger to any 19.32 client's life, health, or safety, in any of which cases, proof 19.33 of actual injury need not be established; 19.34 (13) has been adjudicated as mentally incompetent, or as a 19.35 person who has a psychopathic personality, or who is dangerous 19.36 to self, or has been adjudicated as a person who is chemically 20.1 dependent, mentally ill, mentally retarded, or mentally ill and 20.2 dangerous to the public pursuant to chapter 253B; 20.3 (14) is unable to provide alcohol and drug counseling 20.4 services with reasonable safety to clients; 20.5 (15) has habitually overindulged in the use of or the 20.6 dependence on alcohol within the past two years; 20.7 (16) has engaged in the improper or unauthorized personal 20.8 or other use of any legend drugs as defined in section 151.01, 20.9 any chemicals as defined in section 151.01, or any controlled 20.10 substance as defined in section 152.01 within the past two 20.11 years; 20.12 (17) reveals a communication from, or relating to, a client 20.13 except when required or permitted by law; 20.14 (18) fails to comply with a client's request for health 20.15 records made under section 144.335, or to furnish a client 20.16 record or report required by law; 20.17 (19) has engaged in fee splitting or promises to pay a 20.18 portion of a fee to any other professional other than for 20.19 services rendered by the other professional to the client; 20.20 (20) has engaged in abusive or fraudulent billing 20.21 practices, including violations of the federal Medicare and 20.22 Medicaid laws or state medical assistance laws; 20.23 (21) fails to make reports as required by section 148C.095, 20.24 or cooperate with an investigation of thecommissionerboard; 20.25 (22) obtains money, property, or services from a client, 20.26 other than reasonable fees for services provided to the client, 20.27 through the use of undue influence, harassment, duress, 20.28 deception, or fraud; 20.29 (23) undertakes or continues a professional relationship 20.30 with a client in which the objectivity of the alcohol and drug 20.31 counselor may be impaired; 20.32 (24) engages in conduct that constitutes grounds for 20.33 discipline as established by thecommissionerboard in rule; or 20.34 (25) engages in bartering for services with a client. 20.35 Subd. 1a. [BACKGROUND INVESTIGATION.] The applicant must 20.36 sign a release authorizing thecommissionerboard to obtain 21.1 information from the bureau of criminal apprehension, the 21.2 Federal Bureau of Investigation, the office of mental health 21.3 practice, the department of human services, the office of health 21.4 facilities complaints, and other agencies specified in the 21.5 rules. After thecommissionerboard has given written notice to 21.6 an individual who is the subject of a background investigation, 21.7 the agencies shall assist thecommissionerboard with the 21.8 investigation by giving thecommissionerboard criminal 21.9 conviction data, reports about substantiated maltreatment of 21.10 minors and vulnerable adults, and other information specified in 21.11 the rules. Thecommissionerboard may contract with the 21.12 commissioner of human services to obtain criminal history data 21.13 from the bureau of criminal apprehension. 21.14 Subd. 2. [APPEAL; RESTORING A LICENSE.] If a license is 21.15 denied, suspended, restricted, or revoked, an applicant or 21.16 licensee may request a hearing under the contested case 21.17 provisions of chapter 14. Thecommissionerboard may, for good 21.18 cause demonstrated by the applicant or counselor, grant a 21.19 license previously refused, restore a license that has been 21.20 revoked, or reduce a period of suspension or restriction of a 21.21 license. Thecommissionerboard may impose any conditions or 21.22 limitations as thecommissionerboard deems reasonable. 21.23 Subd. 4. [EVIDENCE.] In disciplinary actions alleging 21.24 violations of subdivision 1, paragraph (7), (8), (13), or (14), 21.25 a copy of the judgment or proceedings under the seal of the 21.26 court administrator or of the administrative agency that entered 21.27 the judgment or proceeding is admissible into evidence without 21.28 further authentication and constitutes prima facie evidence of 21.29 its contents. 21.30 Sec. 30. Minnesota Statutes 2002, section 148C.091, is 21.31 amended to read: 21.32 148C.091 [DISCIPLINARY ACTIONS.] 21.33 Subdivision 1. [FORMS OF DISCIPLINARY ACTION.] When 21.34 thecommissionerboard finds that an applicant or a licensed 21.35 alcohol and drug counselor has violated a provision or 21.36 provisions of sections 148C.01 to 148C.11, or rules promulgated 22.1 under this chapter, thecommissionerboard may take one or more 22.2 of the following actions: 22.3 (1) refuse to grant a license; 22.4 (2) revoke the license; 22.5 (3) suspend the license; 22.6 (4) impose limitations or conditions; 22.7 (5) impose a civil penalty not exceeding $10,000 for each 22.8 separate violation, the amount of the civil penalty to be fixed 22.9 so as to deprive the counselor of any economic advantage gained 22.10 by reason of the violation charged or to reimburse the 22.11commissionerboard for all costs of the investigation and 22.12 proceeding; including, but not limited to, the amount paid by 22.13 thecommissionerboard for services from the office of 22.14 administrative hearings, attorney fees, court reports, 22.15 witnesses, reproduction of records,advisory councilboard 22.16 members' per diem compensation, staff time, and expense incurred 22.17 byadvisory council members and staff ofthedepartmentboard; 22.18 (6) order the counselor to provide uncompensated 22.19 professional service under supervision at a designated public 22.20 hospital, clinic, or other health care institution; 22.21 (7) censure or reprimand the counselor; or 22.22 (8) any other action justified by the case. 22.23 Subd. 2. [DISCOVERY; SUBPOENAS.] In all matters relating 22.24 to thecommissioner'sboard's investigation and enforcement 22.25 activities related to alcohol and drug counselors, the 22.26commissioner of healthboard may issue subpoenas and compel the 22.27 attendance of witnesses and the production of all necessary 22.28 papers, books, records, documents, and other evidentiary 22.29 materials. Any person failing or refusing to appear or testify 22.30 regarding any matter about which the person may be lawfully 22.31 questioned or failing to produce any papers, books, records, 22.32 documents, or other evidentiary materials in the matter to be 22.33 heard, after having been required by order of thecommissioner22.34 board or by a subpoena of thecommissionerboard to do so may, 22.35 upon application by thecommissionerboard to the district court 22.36 in any district, be ordered to comply with the order or 23.1 subpoena. Thecommissionerboard may administer oaths to 23.2 witnesses or take their affirmation. Depositions may be taken 23.3 within or without the state in the manner provided by law for 23.4 the taking of depositions in civil actions. A subpoena or other 23.5 process or paper may be served upon a person it names anywhere 23.6 within the state by any officer authorized to serve subpoenas or 23.7 other process or paper in civil actions in the same manner as 23.8 prescribed by law for service of process issued out of the 23.9 district court of this state. 23.10 Subd. 3. [TEMPORARY SUSPENSION.] In addition to any other 23.11 remedy provided by law, thecommissionerboard may, without a 23.12 hearing, temporarily suspend the right of an alcohol and drug 23.13 counselor to practice if thecommissionerboard finds that the 23.14 counselor has violated a statute or rule that thecommissioner23.15 board has authority to enforce and that continued practice by 23.16 the practitioner would create a serious risk of harm to others. 23.17 The suspension takes effect upon service of a written order on 23.18 the practitioner specifying the statute or rule violated. The 23.19 order remains in effect until thecommissionerboard issues a 23.20 final order in the matter after a hearing or upon agreement 23.21 between thecommissionerboard and the counselor. Service of 23.22 the order is effective if the order is served on the counselor 23.23 or the counselor's attorney either personally or by first class 23.24 mail. Within ten days of service of the order, thecommissioner23.25 board shall hold a hearing on the sole issue of whether there is 23.26 a reasonable basis to continue, modify, or lift the suspension. 23.27 Evidence presented by thecommissionerboard or counselor must 23.28 be by affidavit only. The counselor or the counselor's attorney 23.29 of record may appear for oral argument. Within five working 23.30 days after the hearing, thecommissionerboard shall issue an 23.31 order and, if the suspension is continued, schedule a contested 23.32 case hearing within 45 days after issuance of the order. The 23.33 administrative law judge shall issue a report within 30 days 23.34 after closing of the contested case hearing record. 23.35 Thecommissionerboard shall issue a final order within 30 days 23.36 after receipt of that report, the hearing record, and any 24.1 exceptions to the report filed by the parties. 24.2 Subd. 4. [AUTOMATIC SUSPENSION.] The right to practice is 24.3 automatically suspended if (1) a guardian of an alcohol and drug 24.4 counselor is appointed by order of a district court under 24.5 sections 525.54 to 525.61, or (2) the counselor is committed by 24.6 order of a district court under chapter 253B. The right to 24.7 practice remains suspended until the counselor is restored to 24.8 capacity by a court and, upon petition by the counselor, the 24.9 suspension is terminated by thecommissionerboard after a 24.10 hearing or upon agreement between thecommissionerboard and the 24.11 counselor. 24.12 Sec. 31. Minnesota Statutes 2002, section 148C.093, is 24.13 amended to read: 24.14 148C.093 [ADDITIONAL REMEDIES.] 24.15 Subdivision 1. [CEASE AND DESIST.] Thecommissionerboard 24.16 may issue a cease and desist order to stop a person from 24.17 violating or threatening to violate a statute, rule, or order 24.18 which thecommissionerboard has issued or has authority to 24.19 enforce. The cease and desist order must state the reason for 24.20 its issuance and give notice of the person's right to request a 24.21 hearing under sections 14.57 to 14.62. If, within 15 days of 24.22 service of the order, the subject of the order fails to request 24.23 a hearing in writing, the order is the final order of the 24.24commissionerboard and is not reviewable by a court or agency. 24.25 A hearing must be initiated by thecommissionerboard not 24.26 later than 30 days from the date of thecommissioner'sboard's 24.27 receipt of a written hearing request. Within 30 days of receipt 24.28 of the administrative law judge's report, and any written 24.29 agreement or exceptions filed by the parties, thecommissioner24.30 board shall issue a final order modifying, vacating, or making 24.31 permanent the cease and desist order as the facts require. The 24.32 final order remains in effect until modified or vacated by 24.33 thecommissionerboard. 24.34 When a request for a stay accompanies a timely hearing 24.35 request, thecommissionerboard may, in the 24.36commissioner'sboard's discretion, grant the stay. If 25.1 thecommissionerboard does not grant a requested stay, 25.2 thecommissionerboard shall refer the request to the office of 25.3 administrative hearings within three working days of receipt of 25.4 the request. Within ten days after receiving the request from 25.5 thecommissionerboard, an administrative law judge shall issue 25.6 a recommendation to grant or deny the stay. Thecommissioner25.7 board shall grant or deny the stay within five working days of 25.8 receiving the administrative law judge's recommendation. 25.9 In the event of noncompliance with a cease and desist 25.10 order, thecommissionerboard may institute a proceeding in 25.11 district court to obtain injunctive relief or other appropriate 25.12 relief, including a civil penalty payable to thecommissioner25.13 board not exceeding $10,000 for each separate violation. 25.14 Subd. 2. [INJUNCTIVE RELIEF.] In addition to any other 25.15 remedy provided by law, including the issuance of a cease and 25.16 desist order under subdivision 1, thecommissionerboard may in 25.17 thecommissioner'sboard's own name bring an action in district 25.18 court for injunctive relief to restrain an alcohol and drug 25.19 counselor from a violation or threatened violation of any 25.20 statute, rule, or order which thecommissionerboard has 25.21 authority to administer, enforce, or issue. 25.22 Subd. 3. [ADDITIONAL POWERS.] The issuance of a cease and 25.23 desist order or injunctive relief granted under this section 25.24 does not relieve a counselor from criminal prosecution by a 25.25 competent authority or from disciplinary action by the 25.26commissionerboard. 25.27 Sec. 32. Minnesota Statutes 2002, section 148C.095, is 25.28 amended to read: 25.29 148C.095 [REPORTING OBLIGATIONS.] 25.30 Subdivision 1. [PERMISSION TO REPORT.] A person who has 25.31 knowledge of any conduct constituting grounds for disciplinary 25.32 action relating to the practice of alcohol and drug counseling 25.33 under this chapter may report the violation to the 25.34commissionerboard. 25.35 Subd. 2. [INSTITUTIONS.] A state agency, political 25.36 subdivision, agency of a local unit of government, private 26.1 agency, hospital, clinic, prepaid medical plan, or other health 26.2 care institution or organization located in this state shall 26.3 report to thecommissionerboard any action taken by the agency, 26.4 institution, or organization or any of its administrators or 26.5 medical or other committees to revoke, suspend, restrict, or 26.6 condition an alcohol and drug counselor's privilege to practice 26.7 or treat patients or clients in the institution, or as part of 26.8 the organization, any denial of privileges, or any other 26.9 disciplinary action for conduct that might constitute grounds 26.10 for disciplinary action by thecommissionerboard under this 26.11 chapter. The institution, organization, or governmental entity 26.12 shall also report the resignation of any alcohol and drug 26.13 counselors before the conclusion of any disciplinary action 26.14 proceeding for conduct that might constitute grounds for 26.15 disciplinary action under this chapter, or before the 26.16 commencement of formal charges but after the practitioner had 26.17 knowledge that formal charges were contemplated or were being 26.18 prepared. 26.19 Subd. 3. [PROFESSIONAL SOCIETIES.] A state or local 26.20 professional society for alcohol and drug counselors shall 26.21 report to thecommissionerboard any termination, revocation, or 26.22 suspension of membership or any other disciplinary action taken 26.23 against an alcohol and drug counselor. If the society has 26.24 received a complaint that might be grounds for discipline under 26.25 this chapter against a member on which it has not taken any 26.26 disciplinary action, the society shall report the complaint and 26.27 the reason why it has not taken action on it or shall direct the 26.28 complainant to thecommissionerboard. 26.29 Subd. 4. [LICENSED PROFESSIONALS.] A licensed health 26.30 professional shall report to thecommissionerboard personal 26.31 knowledge of any conduct that the licensed health professional 26.32 reasonably believes constitutes grounds for disciplinary action 26.33 under this chapter by an alcohol and drug counselor, including 26.34 conduct indicating that the individual may be medically 26.35 incompetent, or may be medically or physically unable to engage 26.36 safely in the provision of services. If the information was 27.1 obtained in the course of a client relationship, the client is 27.2 an alcohol and drug counselor, and the treating individual 27.3 successfully counsels the alcohol and drug counselor to limit or 27.4 withdraw from practice to the extent required by the impairment, 27.5 thecommissionerboard may deem this limitation of or withdrawal 27.6 from practice to be sufficient disciplinary action. 27.7 Subd. 5. [INSURERS.] Each insurer authorized to sell 27.8 insurance described in section 60A.06, subdivision 1, clause 27.9 (13), and providing professional liability insurance to alcohol 27.10 and drug counselors or the medical joint underwriting 27.11 association under chapter 62F, shall submit to the 27.12commissionerboard quarterly reports concerning the alcohol and 27.13 drug counselors against whom malpractice settlements and awards 27.14 have been made. The report must contain at least the following 27.15 information: 27.16 (1) the total number of malpractice settlements or awards 27.17 made; 27.18 (2) the date the malpractice settlements or awards were 27.19 made; 27.20 (3) the allegations contained in the claim or complaint 27.21 leading to the settlements or awards made; 27.22 (4) the dollar amount of each settlement or award; 27.23 (5) the address of the practice of the alcohol and drug 27.24 counselor against whom an award was made or with whom a 27.25 settlement was made; and 27.26 (6) the name of the alcohol and drug counselor against whom 27.27 an award was made or with whom a settlement was made. 27.28 The insurance company shall, in addition to the above 27.29 information, submit to thecommissionerboard any information, 27.30 records, and files, including clients' charts and records, it 27.31 possesses that tend to substantiate a charge that a licensed 27.32 alcohol and drug counselor may have engaged in conduct violating 27.33 this chapter. 27.34 Subd. 6. [SELF-REPORTING.] An alcohol and drug counselor 27.35 shall report to thecommissionerboard any personal action that 27.36 would require that a report be filed with thecommissionerboard 28.1 by any person, health care facility, business, or organization 28.2 under subdivisions 2 to 5. The alcohol and drug counselor shall 28.3 also report the revocation, suspension, restriction, limitation, 28.4 or other disciplinary action in this state and report the filing 28.5 of charges regarding the practitioner's license or right of 28.6 practice in another state or jurisdiction. 28.7 Subd. 7. [DEADLINES; FORMS.] Reports required by 28.8 subdivisions 2 to 6 must be submitted no later than 30 days 28.9 after the reporter learns of the occurrence of the reportable 28.10 event or transaction. Thecommissionerboard may provide forms 28.11 for the submission of the reports required by this section, may 28.12 require that reports be submitted on the forms provided, and may 28.13 adopt rules necessary to assure prompt and accurate reporting. 28.14 Sec. 33. Minnesota Statutes 2002, section 148C.099, is 28.15 amended to read: 28.16 148C.099 [INVESTIGATIONS; PROFESSIONAL COOPERATION; 28.17 EXCHANGING INFORMATION.] 28.18 Subdivision 1. [COOPERATION.] An alcohol and drug 28.19 counselor who is the subject of an investigation, or who is 28.20 questioned in connection with an investigation, by or on behalf 28.21 of thecommissionerboard, shall cooperate fully with the 28.22 investigation. Cooperation includes responding fully to any 28.23 question raised by or on behalf of thecommissionerboard 28.24 relating to the subject of the investigation whether tape 28.25 recorded or not. Challenges to requests of thecommissioner28.26 board may be brought before the appropriate agency or court. 28.27 Subd. 2. [EXCHANGING INFORMATION.] (a) The 28.28commissionerboard shall establish internal operating procedures 28.29 for: 28.30 (1) exchanging information with state boards; agencies, 28.31 including the office of ombudsman for mental health and mental 28.32 retardation; health-related and law enforcement facilities; 28.33 departments responsible for licensing health-related 28.34 occupations, facilities, and programs; and law enforcement 28.35 personnel in this and other states; and 28.36 (2) coordinating investigations involving matters within 29.1 the jurisdiction of more than one regulatory agency. 29.2 (b) The procedures for exchanging information must provide 29.3 for forwarding to an entity described in paragraph (a), clause 29.4 (1), any information or evidence, including the results of 29.5 investigations, that is relevant to matters within the 29.6 regulatory jurisdiction of that entity. The data have the same 29.7 classification in the possession of the agency receiving the 29.8 data as they have in the possession of the agency providing the 29.9 data. 29.10 (c) Thecommissionerboard shall establish procedures for 29.11 exchanging information with other states regarding disciplinary 29.12 action against alcohol and drug counselors. 29.13 (d) Thecommissionerboard shall forward to another 29.14 governmental agency any complaints received by thecommissioner29.15 board that do not relate to thecommissioner'sboard's 29.16 jurisdiction but that relate to matters within the jurisdiction 29.17 of the other governmental agency. The agency to which a 29.18 complaint is forwarded shall advise thecommissionerboard of 29.19 the disposition of the complaint. A complaint or other 29.20 information received by another governmental agency relating to 29.21 a statute or rule that thecommissionerboard is empowered to 29.22 enforce must be forwarded to thecommissionerboard to be 29.23 processed according to this section. 29.24 (e) Thecommissionerboard shall furnish to a person who 29.25 made a complaint a description of the actions of 29.26 thecommissionerboard relating to the complaint. 29.27 Sec. 34. Minnesota Statutes 2002, section 148C.10, 29.28 subdivision 1, is amended to read: 29.29 Subdivision 1. [PRACTICE.]After the commissioner adopts29.30rules,Noindividualperson, other than those individuals 29.31 exempted under section 148C.11, shall engage in alcohol and drug 29.32 counselingpractice unless that individual holds a valid license29.33 without first being licensed under this chapter asana tier I 29.34 or a tier II alcohol and drug counselor. For purposes of this 29.35 chapter, an individual engages in the practice of alcohol and 29.36 drug counseling if the individual performs or offers to perform 30.1 alcohol and drug counseling services as defined in section 30.2 148C.01, subdivision 10, or if the individual is held out as 30.3 able to perform those services. 30.4 Sec. 35. Minnesota Statutes 2002, section 148C.10, 30.5 subdivision 2, is amended to read: 30.6 Subd. 2. [USE OF TITLES.]After the commissioner adopts30.7rules,Noindividualperson shall present themselves or any 30.8 other individual to the public by any title incorporating the 30.9 words "licensed alcohol and drug counselor" or otherwise hold 30.10 themselves out to the public by any title or description stating 30.11 or implying that they are licensed or otherwise qualified to 30.12 practice alcohol and drug counseling unless that individual 30.13 holds a valid license.City, county, and state agency alcohol30.14and drug counselors who are not licensed under sections 148C.0130.15to 148C.11 may use the title "city agency alcohol and drug30.16counselor," "county agency alcohol and drug counselor," or30.17"state agency alcohol and drug counselor." Hospital alcohol and30.18drug counselors who are not licensed under sections 148C.01 to30.19148C.11 may use the title "hospital alcohol and drug counselor"30.20while acting within the scope of their employmentPersons issued 30.21 a trainee permit must use titles consistent with section 30.22 148C.04, subdivision 6, paragraph (c). 30.23 Sec. 36. Minnesota Statutes 2002, section 148C.11, is 30.24 amended to read: 30.25 148C.11 [EXCEPTIONS TO LICENSE REQUIREMENT.] 30.26 Subdivision 1. [OTHER PROFESSIONALS.] (a) Nothing in 30.27sections 148C.01 to 148C.10 shall preventthis chapter prevents 30.28 members of other professions or occupations from performing 30.29 functions for which they are qualified or licensed. This 30.30 exception includes, but is not limited to, licensed physicians, 30.31 registered nurses, licensed practical nurses, licensed 30.32 psychological practitioners, members of the clergy, American 30.33 Indian medicine men and women, licensed attorneys, probation 30.34 officers, licensed marriage and family therapists, licensed 30.35 social workers, licensed professional counselors, licensed 30.36 school counselors, and registered occupational therapists or 31.1 occupational therapy assistants. 31.2 (b) Nothing in this chapter prohibits technicians and 31.3 resident managers in programs licensed by the department of 31.4 human services from discharging their duties as provided in 31.5 Minnesota Rules, chapter 9530. 31.6 (c) Any person who is exempt under this section but who 31.7 elects to obtain a license under this chapter is subject to this 31.8 chapter to the same extent as other licensees. 31.9 (d) These persons must not, however, use a title 31.10 incorporating the words "alcohol and drug counselor" or 31.11 "licensed alcohol and drug counselor" or otherwise hold 31.12 themselves out to the public by any title or description stating 31.13 or implying that they are engaged in the practice of alcohol and 31.14 drug counseling, or that they are licensed to engage in the 31.15 practice of alcohol and drug counseling. Persons engaged in the 31.16 practice of alcohol and drug counseling are not exempt from 31.17 thecommissioner'sboard's jurisdiction solely by the use of one 31.18 of the above titles. 31.19 Subd. 2. [STUDENTS.] Nothing in sections 148C.01 to 31.20 148C.10 shall prevent students enrolled in an accredited school 31.21 of alcohol and drug counseling from engaging in the practice of 31.22 alcohol and drug counseling while under qualified supervision in 31.23 an accredited school of alcohol and drug counseling. 31.24 Subd. 3. [FEDERALLY RECOGNIZED TRIBES; ETHNIC MINORITIES.] 31.25 (a) Alcohol and drug counselors licensed to practice alcohol and 31.26 drug counseling according to standards established by federally 31.27 recognized tribes, while practicing under tribal jurisdiction, 31.28 are exempt from the requirements of this chapter. In practicing 31.29 alcohol and drug counseling under tribal jurisdiction, 31.30 individuals licensed under that authority shall be afforded the 31.31 same rights, responsibilities, and recognition as persons 31.32 licensed pursuant to this chapter. 31.33 (b) Thecommissionerboard shall develop special licensing 31.34 criteria for issuance of a license to alcohol and drug 31.35 counselors who: (1) practice alcohol and drug counseling with a 31.36 member of an ethnic minority population or with a person with a 32.1 disability as defined by rule; or (2) are employed by agencies 32.2 whose primary agency service focus addresses ethnic minority 32.3 populations or persons with a disability as defined by rule. 32.4 These licensing criteria may differ from the licensing 32.5criteriarequirements specified in section 148C.04. To develop, 32.6 implement, and evaluate the effect of these criteria, 32.7 thecommissionerboard shall establish a committee comprised of, 32.8 but not limited to, representatives from the Minnesota 32.9 commission serving deaf and hard-of-hearing people, the council 32.10 on affairs of Chicano/Latino people, the council on 32.11 Asian-Pacific Minnesotans, the council on Black Minnesotans, the 32.12 council on disability, and the Indian affairs council. The 32.13 committee does not expire. 32.14 (c) Thecommissionerboard shall issue a license to an 32.15 applicant who (1) is an alcohol and drug counselor who is exempt 32.16 under paragraph (a) from the requirements of this chapter; (2) 32.17 has at least 2,000 hours of alcohol and drug counselor 32.18 experience as defined by the core functions; and (3) meets the 32.19 licensing requirements that are in effect on the date of 32.20 application under section 148C.04, subdivision 3 or 4, except 32.21 the written case presentation and oral examination component 32.22 under section 148C.04, subdivision 3, clause (2), or 4, clause 32.23 (1), item (ii). When applying for a license under this 32.24 paragraph, an applicant must follow the procedures for admission 32.25 to licensure specified under section 148C.0351. A person who 32.26 receives a license under this paragraph must complete the 32.27 written case presentation and satisfactorily pass the oral 32.28 examination component under section 148C.04, subdivision 3, 32.29 clause (2), or 4, clause (1), item (ii), at the earliest 32.30 available opportunity after thecommissionerboard begins 32.31 administering oral examinations. Thecommissionerboard may 32.32 suspend or restrict a person's license according to section 32.33 148C.09 if the person fails to complete the written case 32.34 presentation and satisfactorily pass the oral examination. This 32.35 paragraph expires July 1, 2004. 32.36 Subd. 4. [HOSPITAL ALCOHOL AND DRUG COUNSELORS.]The33.1licensing of hospital alcohol and drug counselors shall be33.2voluntary, while the counselor is employed by the hospital.33.3 Effective January 1, 2005, hospitals employing alcohol and drug 33.4 counselors shallnotbe required to employ licensed alcohol and 33.5 drug counselors, nor shall they require their alcohol and drug33.6counselors to be licensed, however, nothing in this chapter will33.7prohibit hospitals from requiring their counselors to be33.8eligible for licensure. An alcohol or drug counselor employed 33.9 by a hospital must be licensed as either a tier I or tier II 33.10 alcohol and drug counselor. 33.11 Subd. 5. [CITY, COUNTY, AND STATE AGENCY ALCOHOL AND DRUG 33.12 COUNSELORS.]The licensing of city, county, and state agency33.13alcohol and drug counselors shall be voluntary, while the33.14counselor is employed by the city, county, or state agency.33.15 Effective January 1, 2005, city, county, and state agencies 33.16 employing alcohol and drug counselors shallnotbe required to 33.17 employ licensed alcohol and drug counselors, nor shall they33.18require their drug and alcohol counselors to be licensed. An 33.19 alcohol and drug counselor employed by a city, county, or state 33.20 agency must be licensed as either a tier I or tier II alcohol 33.21 and drug counselor. 33.22 Subd. 6. [TRANSITION PERIOD.] For the period between July 33.23 1, 2003, and January 1, 2005, the board shall grant a tier I 33.24 license to an individual who has been employed as an alcohol and 33.25 drug counselor at a hospital or a city, county, or state agency 33.26 without licensure in accordance with subdivision 4 or 5, if the 33.27 individual: 33.28 (1) has 8,000 hours of alcohol and drug counselor work 33.29 experience; 33.30 (2) has 270 clock hours of alcohol and drug counselor 33.31 training with documentation that a minimum of 60 clock hours of 33.32 the training occurred within the last five years; and 33.33 (3) meets the requirements in section 148C.0351. 33.34 Sec. 37. [148C.12] [FEES.] 33.35 Subdivision 1. [APPLICATION FEE.] The application fee is 33.36 $295. 34.1 Subd. 2. [BIENNIAL RENEWAL FEE.] The license renewal fee 34.2 is $295. If the commissioner changes the renewal schedule and 34.3 the expiration date is less than two years, the fee must be 34.4 prorated. 34.5 Subd. 3. [TEMPORARY PERMIT FEE.] The initial fee for 34.6 applicants under section 148C.04, subdivision 6, paragraph (a), 34.7 is $100. The fee for annual renewal of a temporary permit is 34.8 $100. 34.9 Subd. 4. [EXAMINATION FEE.] The examination fee for the 34.10 written examination is $95 and for the oral examination is $200. 34.11 Subd. 5. [INACTIVE RENEWAL FEE.] The inactive renewal fee 34.12 is $150. 34.13 Subd. 6. [LATE FEE.] The late fee is 25 percent of the 34.14 biennial renewal fee, the inactive renewal fee, or the annual 34.15 fee for renewal of temporary practice status. 34.16 Subd. 7. [FEE TO RENEW AFTER EXPIRATION OF LICENSE.] The 34.17 fee for renewal of a license that has expired is the total of 34.18 the biennial renewal fee, the late fee, and a fee of $100 for 34.19 review and approval of the continuing education report. 34.20 Subd. 8. [FEE FOR LICENSE VERIFICATIONS.] The fee for 34.21 license verification to institutions and other jurisdictions is 34.22 $25. 34.23 Subd. 9. [SURCHARGE FEE.] Notwithstanding section 34.24 16A.1285, subdivision 2, a surcharge of $99 shall be paid at the 34.25 time of application for or renewal of an alcohol and drug 34.26 counselor license until June 30, 2013. 34.27 Subd. 10. [ADDITIONAL FEE FOR RENEWAL FOLLOWING LAPSE IN 34.28 LICENSING STATUS.] Renewal applications received after the 34.29 expiration date of the license shall include an amount equal to 34.30 50 percent of the biennial renewal fee, plus the late fee. 34.31 Subd. 11. [NONREFUNDABLE FEES.] All fees are nonrefundable. 34.32 Sec. 38. [REVISOR'S INSTRUCTION.] 34.33 The revisor of statutes shall change the term "commissioner" 34.34 to "board" and add a definition of "board" as defined in 34.35 Minnesota Statutes, section 148C.01, subdivision 2e, to 34.36 Minnesota Rules, chapter 4747. 35.1 Sec. 39. [REPEALER.] 35.2 (a) Minnesota Statutes 2002, sections 148C.01, subdivision 35.3 6; 148C.0351, subdivision 2; 148C.05, subdivisions 2, 3, and 4; 35.4 148C.06; and 148C.10, subdivision 1a, are repealed. 35.5 (b) Minnesota Rules, parts 4747.0030, subparts 25, 28, and 35.6 30; 4747.0040, subpart 3, item A; 4747.0060, subpart 1, items A, 35.7 B, and D; 4747.0070, subparts 4 and 5; 4747.0080; 4747.0090; 35.8 4747.0100; 4747.0300; 4747.0400, subparts 2 and 3; 4747.0500; 35.9 4747.0600; 4747.1000; 4747.1100, subparts 2 and 3; and 35.10 4747.1600, are repealed.