Minnesota Legislature
SF 1204
as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am
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A bill for an act
relating to health; establishing penalty fees for
certain credentialed health occupations; amending
Minnesota Statutes 2004, sections 148.5194, by adding
a subdivision; 148.6445, by adding a subdivision;
148C.12, by adding a subdivision; proposing coding for
new law in Minnesota Statutes, chapter 153A.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2004, section 148.5194, is
amended by adding a subdivision to read:
new text begin Subd. 7. new text end
new text begin Penalty fees. new text end
new text begin
(a) The penalty fee for
practicing speech language pathology or audiology without a
current license after the credential has expired and before it
is renewed is the amount of the license renewal fee for any part
of the first month, plus the license renewal fee for any part of
any subsequent month up to 36 months.
new text end
new text begin
(b) The penalty fee for applicants who engage in the
unauthorized practice of speech language pathology or audiology
before being issued a license is the amount of the license
application fee for any part of the first month, plus the
license application fee for any part of any subsequent month up
to 36 months. This paragraph does not apply to applicants not
qualifying for a license who engage in the unauthorized practice
of speech language pathology or audiology.
new text end
new text begin
(c) The penalty fee for failing to submit a continuing
education report by the due date with the correct number or type
of hours in the correct time period is $100 plus $20 for each
missing clock hour. The licensee must obtain the missing number
of continuing education hours by the next reporting due date.
new text end
new text begin
(d) Civil penalties and discipline incurred by licensees
prior to August 1, 2005, for conduct described in paragraph (a),
(b), or (c) shall be recorded as nondisciplinary penalty fees.
For conduct described in paragraph (a) or (b) occurring after
August 1, 2005, and exceeding 12 months, payment of a penalty
fee does not preclude any disciplinary action reasonably
justified by the individual case.
new text end
Sec. 2.
Minnesota Statutes 2004, section 148.6445, is
amended by adding a subdivision to read:
new text begin Subd. 11. new text end
new text begin Penalty fees. new text end
new text begin
(a) The penalty fee for
practicing occupational therapy without a current license after
the credential has expired and before it is renewed is the
amount of the license renewal fee for any part of the first
month, plus the license renewal fee for any part of any
subsequent month up to 36 months.
new text end
new text begin
(b) The penalty fee for applicants who engage in the
unauthorized practice of occupational therapy before being
issued a license is the amount of the license application fee
for any part of the first month, plus the license application
fee for any part of any subsequent month up to 36 months. This
paragraph does not apply to applicants not qualifying for a
license who engage in the unauthorized practice of occupational
therapy.
new text end
new text begin
(c) The penalty fee for failing to submit a continuing
education report by the due date with the correct number or type
of hours in the correct time period is $100 plus $20 for each
missing clock hour. The licensee must obtain the missing number
of continuing education hours by the next reporting due date.
new text end
new text begin
(d) Civil penalties and discipline incurred by licensees
prior to August 1, 2005, for conduct described in paragraph (a),
(b), or (c) shall be recorded as nondisciplinary penalty fees.
For conduct described in paragraph (a) or (b) occurring after
August 1, 2005, and exceeding 12 months, payment of a penalty
fee does not preclude any disciplinary action reasonably
justified by the individual case.
new text end
Sec. 3.
Minnesota Statutes 2004, section 148C.12, is
amended by adding a subdivision to read:
new text begin Subd. 11. new text end
new text begin Penalty fees. new text end
new text begin
(a) The penalty fee for
practicing alcohol and drug counseling without a current license
after the credential has expired and before it is renewed is the
amount of the license renewal fee for any part of the first
month, plus the license renewal fee for any part of any
subsequent month up to 36 months.
new text end
new text begin
(b) The penalty fee for applicants who engage in the
unauthorized practice of alcohol and drug counseling before
being issued a license is the amount of the license application
fee for any part of the first month, plus the license
application fee for any part of any subsequent month up to 36
months. This paragraph does not apply to applicants not
qualifying for a license who engage in the unauthorized practice
of alcohol and drug counseling.
new text end
new text begin
(c) The penalty fee for failing to submit a continuing
education report by the due date with the correct number or type
of hours in the correct time period is $100 plus $20 for each
missing clock hour. The licensee must obtain the correct number
of continuing education hours by the next reporting due date.
new text end
new text begin
(d) Civil penalties and discipline incurred by licensees
prior to August 1, 2005, for conduct described in paragraph (a),
(b), or (c) shall be recorded as nondisciplinary penalty fees.
For conduct described in paragraph (a) or (b) occurring after
August 1, 2005, and exceeding 12 months, payment of a penalty
fee does not preclude any disciplinary action reasonably
justified by the individual case.
new text end
Sec. 4.
new text begin
[153A.175] PENALTY FEES.
new text end
new text begin
(a) The penalty fee for holding oneself out as a hearing
instrument dispenser without a current certificate after the
credential has expired and before it is renewed is one-half the
amount of the certificate renewal fee for any part of the first
day, plus one-half the certificate renewal fee for any part of
any subsequent days up to 30 days.
new text end
new text begin
(b) The penalty fee for applicants who hold themselves out
as hearing instrument dispensers after expiration of the trainee
period and before being issued a certificate is one-half the
amount of the certificate application fee for any part of the
first day, plus one-half the certificate application fee for any
part of any subsequent days up to 30 days. This paragraph does
not apply to applicants not qualifying for a certificate who
hold themselves out as hearing instrument dispensers.
new text end
new text begin
(c) The penalty fee for failing to submit a continuing
education report by the due date with the correct number or type
of hours in the correct time period is $200 plus $200 for each
missing clock hour. The certificate holder must obtain the
missing number of continuing education hours by the next
reporting due date.
new text end
new text begin
(d) Civil penalties and discipline incurred by certificate
holders prior to August 1, 2005, for conduct described in
paragraph (a), (b), or (c) shall be recorded as nondisciplinary
penalty fees. Payment of a penalty fee does not preclude any
disciplinary action reasonably justified by the individual case.
new text end