2nd Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to health; making certain health-related data 1.3 nondisclosable; modifying maternal and child health 1.4 provisions; modifying provisions for speech-language 1.5 pathologists, audiologists, unlicensed mental health 1.6 practitioners, alcohol and drug counselors, and 1.7 hearing instrument dispensers; modifying the Minnesota 1.8 Health Care Administrative Simplification Act; 1.9 amending Minnesota Statutes 1998, sections 15.059, 1.10 subdivision 5a; 62E.04, subdivision 4; 62J.51, by 1.11 adding subdivisions; 62J.52, subdivisions 1, 2, and 5; 1.12 62J.60, subdivision 1; 62J.69, subdivision 2; 62J.75; 1.13 62Q.64; 145.881, subdivision 2; 145.882, subdivision 1.14 7, and by adding a subdivision; 145.885, subdivision 1.15 2; 148.511; 148.515, subdivision 3; 148.517, by adding 1.16 a subdivision; 148B.60, subdivision 3; 148B.68, 1.17 subdivision 1; 148B.69, by adding a subdivision; 1.18 148B.71, subdivision 1; 148C.01, subdivisions 2, 7, 9, 1.19 10, and by adding a subdivision; 148C.03, subdivision 1.20 1; 148C.04, by adding subdivisions; 148C.06, 1.21 subdivision 1; 148C.09, subdivisions 1 and 1a; 1.22 148C.11, subdivision 1; 153A.13, subdivision 9, and by 1.23 adding subdivisions; 153A.14, subdivisions 1, 2a, 2h, 1.24 4, 4a, and by adding subdivisions; and 153A.15, 1.25 subdivision 1; proposing coding for new law in 1.26 Minnesota Statutes, chapter 62J; repealing Minnesota 1.27 Statutes 1998, sections 145.882, subdivisions 3 and 4; 1.28 and 148C.04, subdivision 5. 1.29 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.30 Section 1. Minnesota Statutes 1998, section 15.059, 1.31 subdivision 5a, is amended to read: 1.32 Subd. 5a. [LATER EXPIRATION.] Notwithstanding subdivision 1.33 5, the advisory councils and committees listed in this 1.34 subdivision do not expire June 30, 1997. These groups expire 1.35 June 30, 2001, unless the law creating the group or this 1.36 subdivision specifies an earlier expiration date. 1.37 Investment advisory council, created in section 11A.08; 2.1 Intergovernmental information systems advisory council, 2.2 created in section 16B.42, expires June 30,19992000; 2.3 Feedlot and manure management advisory committee, created 2.4 in section 17.136; 2.5 Aquaculture advisory committee, created in section 17.49; 2.6 Dairy producers board, created in section 17.76; 2.7 Pesticide applicator education and examination review 2.8 board, created in section 18B.305; 2.9 Advisory seed potato certification task force, created in 2.10 section 21.112; 2.11 Food safety advisory committee, created in section 28A.20; 2.12 Minnesota organic advisory task force, created in section 2.13 31.95; 2.14 Medical education and research advisory committee, created 2.15 in section 62J.69; 2.16 Public programs risk adjustment work group, created in 2.17 section 62Q.03, expires June 30, 1999; 2.18 Workers' compensation self-insurers' advisory committee, 2.19 created in section 79A.02; 2.20 Youth corps advisory committee, created in section 84.0887; 2.21 Iron range off-highway vehicle advisory committee, created 2.22 in section 85.013; 2.23 Mineral coordinating committee, created in section 93.002; 2.24 Game and fish fund citizen advisory committees, created in 2.25 section 97A.055; 2.26 Wetland heritage advisory committee, created in section 2.27 103G.2242; 2.28 Wastewater treatment technical advisory committee, created 2.29 in section 115.54; 2.30 Solid waste management advisory council, created in section 2.31 115A.12; 2.32 Nuclear waste council, created in section 116C.711; 2.33 Genetically engineered organism advisory committee, created 2.34 in section 116C.93; 2.35 Environment and natural resources trust fund advisory 2.36 committee, created in section 116P.06; 3.1 Child abuse prevention advisory council, created in section 3.2 119A.13; 3.3 Chemical abuse and violence prevention council, created in 3.4 section 119A.27; 3.5 Youth neighborhood services advisory board, created in 3.6 section 119A.29; 3.7 Interagency coordinating council, created in section 3.8 125A.28, expires June 30, 1999; 3.9 Desegregation/integration advisory board, created in 3.10 section 124D.892; 3.11 Nonpublic education council, created in section 123B.445; 3.12 Permanent school fund advisory committee, created in 3.13 section 127A.30; 3.14 Indian scholarship committee, created in section 124D.84, 3.15 subdivision 2; 3.16 American Indian education committees, created in section 3.17 124D.80; 3.18 Summer scholarship advisory committee, created in section 3.19 124D.95; 3.20 Multicultural education advisory committee, created in 3.21 section 124D.894; 3.22 Male responsibility and fathering grants review committee, 3.23 created in section 124D.33; 3.24 Library for the blind and physically handicapped advisory 3.25 committee, created in section 134.31; 3.26 Higher education advisory council, created in section 3.27 136A.031; 3.28 Student advisory council, created in section 136A.031; 3.29 Cancer surveillance advisory committee, created in section 3.30 144.672; 3.31 Maternal and child health task force, created in section 3.32 145.881; 3.33 State community health advisory committee, created in 3.34 section 145A.10; 3.35 Mississippi River Parkway commission, created in section 3.36 161.1419; 4.1 School bus safety advisory committee, created in section 4.2 169.435; 4.3 Advisory council on workers' compensation, created in 4.4 section 175.007; 4.5 Code enforcement advisory council, created in section 4.6 175.008; 4.7 Medical services review board, created in section 176.103; 4.8 Apprenticeship advisory council, created in section 178.02; 4.9 OSHA advisory council, created in section 182.656; 4.10 Health professionals services program advisory committee, 4.11 created in section 214.32; 4.12 Rehabilitation advisory council for the blind, created in 4.13 section 248.10; 4.14 American Indian advisory council, created in section 4.15 254A.035; 4.16 Alcohol and other drug abuse advisory council, created in 4.17 section 254A.04; 4.18 Medical assistance drug formulary committee, created in 4.19 section 256B.0625; 4.20 Home care advisory committee, created in section 256B.071; 4.21 Preadmission screening, alternative care, and home and 4.22 community-based services advisory committee, created in section 4.23 256B.0911; 4.24 Traumatic brain injury advisory committee, created in 4.25 section 256B.093; 4.26 Minnesota commission serving deaf and hard-of-hearing 4.27 people, created in section 256C.28; 4.28 American Indian child welfare advisory council, created in 4.29 section 257.3579; 4.30 Juvenile justice advisory committee, created in section 4.31 268.29; 4.32 Northeast Minnesota economic development fund technical 4.33 advisory committees, created in section 298.2213; 4.34 Iron range higher education committee, created in section 4.35 298.2214; 4.36 Northeast Minnesota economic protection trust fund 5.1 technical advisory committee, created in section 298.297; 5.2 Pipeline safety advisory committee, created in section 5.3 299J.06, expires June 30, 1998; 5.4 Battered women's advisory council, created in section 5.5 611A.34. 5.6 Sec. 2. Minnesota Statutes 1998, section 62E.04, 5.7 subdivision 4, is amended to read: 5.8 Subd. 4. [MAJOR MEDICAL COVERAGE.] Each insurer and 5.9 fraternal shall affirmatively offer coverage of major medical 5.10 expenses to every applicant who applies to the insurer or 5.11 fraternal for a new unqualified policy, which has a lifetime 5.12 benefit limit of less than $1,000,000, at the time of 5.13 application and annually to every holder of such an unqualified 5.14 policy of accident and health insurance renewed by the insurer 5.15 or fraternal. The coverage shall provide that when a covered 5.16 individual incurs out-of-pocket expenses of $5,000 or more 5.17 within a calendar year for services covered in section 62E.06, 5.18 subdivision 1, benefits shall be payable, subject to any 5.19 copayment authorized by the commissioner, up to a maximum 5.20 lifetime limit of $500,000. The offer of coverage of major 5.21 medical expenses may consist of the offer of a rider on an 5.22 existing unqualified policy or a new policy which is a qualified 5.23 plan. 5.24 Sec. 3. Minnesota Statutes 1998, section 62J.51, is 5.25 amended by adding a subdivision to read: 5.26 Subd. 19a. [UNIFORM EXPLANATION OF BENEFITS 5.27 DOCUMENT.] "Uniform explanation of benefits document" means the 5.28 document associated with and explaining the details of a group 5.29 purchaser's claim adjudication for services rendered, which is 5.30 sent to a patient. 5.31 Sec. 4. Minnesota Statutes 1998, section 62J.51, is 5.32 amended by adding a subdivision to read: 5.33 Subd. 19b. [UNIFORM REMITTANCE ADVICE REPORT.] "Uniform 5.34 remittance advice report" means the document associated with and 5.35 explaining the details of a group purchaser's claim adjudication 5.36 for services rendered, which is sent to a provider. 6.1 Sec. 5. Minnesota Statutes 1998, section 62J.52, 6.2 subdivision 1, is amended to read: 6.3 Subdivision 1. [UNIFORM BILLING FORM HCFA 1450.] (a) On 6.4 and after January 1, 1996, all institutional inpatient hospital 6.5 services, ancillary services,andinstitutionally owned or 6.6 operated outpatient services rendered by providers in Minnesota, 6.7 and institutional or noninstitutional home health services that 6.8 are not being billed using an equivalent electronic billing 6.9 format, must be billed using the uniform billing form HCFA 1450, 6.10 except as provided in subdivision 5. 6.11 (b) The instructions and definitions for the use of the 6.12 uniform billing form HCFA 1450 shall be in accordance with the 6.13 uniform billing form manual specified by the commissioner. In 6.14 promulgating these instructions, the commissioner may utilize 6.15 the manual developed by the National Uniform Billing Committee, 6.16 as adopted and finalized by the Minnesota uniform billing 6.17 committee. 6.18 (c) Services to be billed using the uniform billing form 6.19 HCFA 1450 include: institutional inpatient hospital services 6.20 and distinct units in the hospital such as psychiatric unit 6.21 services, physical therapy unit services, swing bed (SNF) 6.22 services, inpatient state psychiatric hospital services, 6.23 inpatient skilled nursing facility services, home health 6.24 services (Medicare part A), and hospice services; ancillary 6.25 services, where benefits are exhausted or patient has no 6.26 Medicare part A, from hospitals, state psychiatric hospitals, 6.27 skilled nursing facilities, and home health (Medicare part B); 6.28andinstitutional owned or operated outpatient services such as 6.29 waivered services, hospital outpatient services, including 6.30 ambulatory surgical center services, hospital referred 6.31 laboratory services, hospital-based ambulance services, and 6.32 other hospital outpatient services, skilled nursing facilities, 6.33 home health, including infusion therapy, freestanding renal 6.34 dialysis centers, comprehensive outpatient rehabilitation 6.35 facilities (CORF), outpatient rehabilitation facilities (ORF), 6.36 rural health clinics, and community mental health centers,; home 7.1 health services such as home health intravenous therapy 7.2 providers, waivered services, personal care attendants, and 7.3 hospice; and any other health care provider certified by the 7.4 Medicare program to use this form. 7.5 (d) On and after January 1, 1996, a mother and newborn 7.6 child must be billed separately, and must not be combined on one 7.7 claim form. 7.8 Sec. 6. Minnesota Statutes 1998, section 62J.52, 7.9 subdivision 2, is amended to read: 7.10 Subd. 2. [UNIFORM BILLING FORM HCFA 1500.] (a) On and 7.11 after January 1, 1996, all noninstitutional health care services 7.12 rendered by providers in Minnesota except dental or pharmacy 7.13 providers, that are not currently being billed using an 7.14 equivalent electronic billing format, must be billed using the 7.15 health insurance claim form HCFA 1500, except as provided in 7.16 subdivision 5. 7.17 (b) The instructions and definitions for the use of the 7.18 uniform billing form HCFA 1500 shall be in accordance with the 7.19 manual developed by the administrative uniformity committee 7.20 entitled standards for the use of the HCFA 1500 form, dated 7.21 February 1994, as further defined by the commissioner. 7.22 (c) Services to be billed using the uniform billing form 7.23 HCFA 1500 include physician services and supplies, durable 7.24 medical equipment, noninstitutional ambulance services, 7.25 independent ancillary services including occupational therapy, 7.26 physical therapy, speech therapy and audiology, podiatry 7.27 services, optometry services, mental health licensed 7.28 professional services, substance abuse licensed professional 7.29 services, nursing practitioner professional services, certified 7.30 registered nurse anesthetists, chiropractors, physician 7.31 assistants, laboratories, medical suppliers, and other health 7.32 care providers such ashome health intravenous therapy7.33providers, personal care attendants,day activity centers,7.34waivered services, hospice, and other home health services,and 7.35 freestanding ambulatory surgical centers. 7.36 Sec. 7. Minnesota Statutes 1998, section 62J.52, 8.1 subdivision 5, is amended to read: 8.2 Subd. 5. [STATE AND FEDERAL HEALTH CARE PROGRAMS.] (a) 8.3 Skilled nursing facilities and ICF/MR services billed to state 8.4 and federal health care programs administered by the department 8.5 of human services shall use the form designated by the 8.6 department of human services. 8.7 (b) On and after July 1, 1996, state and federal health 8.8 care programs administered by the department of human services 8.9 shall accept the HCFA 1450 for community mental health center 8.10 services and shall accept the HCFA 1500 for freestanding 8.11 ambulatory surgical center services. 8.12 (c) State and federal health care programs administered by 8.13 the department of human services shall be authorized to use the 8.14 forms designated by the department of human services for 8.15 pharmacy servicesand for child and teen checkup services. 8.16 (d) State and federal health care programs administered by 8.17 the department of human services shall accept the form 8.18 designated by the department of human services, and the HCFA 8.19 1500 for supplies, medical supplies, or durable medical 8.20 equipment. Health care providers may choose which form to 8.21 submit. 8.22 (e) Personal care attendant and waivered services billed on 8.23 a fee-for-service basis directly to state and federal health 8.24 care programs administered by the department of human services 8.25 shall use either the HCFA 1450 or the HCFA 1500 form, as 8.26 designated by the department of human services. 8.27 Sec. 8. [62J.581] [STANDARDS FOR MINNESOTA UNIFORM HEALTH 8.28 CARE REIMBURSEMENT DOCUMENTS.] 8.29 Subdivision 1. [MINNESOTA UNIFORM REMITTANCE ADVICE 8.30 REPORT.] All group purchasers and payers shall provide a uniform 8.31 remittance advice report to health care providers when a claim 8.32 is adjudicated. The uniform remittance advice report shall 8.33 comply with the standards prescribed in this section. 8.34 Subd. 2. [MINNESOTA UNIFORM EXPLANATION OF BENEFITS 8.35 DOCUMENT.] All group purchasers and payers shall provide a 8.36 uniform explanation of benefits document to health care patients 9.1 when a claim is adjudicated. The uniform explanation of 9.2 benefits document shall comply with the standards prescribed in 9.3 this section. 9.4 Subd. 3. [SCOPE.] For purposes of sections 62J.50 to 9.5 62J.61, the uniform remittance advice report and the uniform 9.6 explanation of benefits document format specified in subdivision 9.7 4 shall apply to all health care services delivered by a health 9.8 care provider or health care provider organization in Minnesota, 9.9 regardless of the location of the payer. Health care services 9.10 not paid on an individual claims basis, such as capitated 9.11 payments, are not included in this section. A health plan 9.12 company is excluded from the requirements in subdivisions 1 and 9.13 2 if they comply with section 62A.01, subdivisions 2 and 3. 9.14 Subd. 4. [SPECIFICATIONS.] The uniform remittance advice 9.15 report and the uniform explanation of benefits document shall be 9.16 provided by use of a paper document conforming to the 9.17 specifications in this section or by use of the ANSI X12N 835 9.18 standard electronic format as established under sections 1171 to 9.19 1179 of Public Law Number 104-191, Statutes at Large, volume 9.20 110, page 1936, and as updated from time to time for the 9.21 remittance advice. The commissioner, after consulting with the 9.22 administrative uniformity committee, shall specify the data 9.23 elements and definitions for the uniform remittance advice 9.24 report and the uniform explanation of benefits document. 9.25 Subd. 5. [EFFECTIVE DATE.] The requirements in 9.26 subdivisions 1 and 2 are effective 12 months after standards for 9.27 the electronic remittance advice transaction are effective under 9.28 sections 1171 to 1179 of Public Law Number 104-191, Statutes at 9.29 Large, volume 110, page 1936, and as updated from time to time. 9.30 The requirements in subdivisions 1 and 2 apply regardless of 9.31 when the health care service was provided to the patient. 9.32 Sec. 9. Minnesota Statutes 1998, section 62J.60, 9.33 subdivision 1, is amended to read: 9.34 Subdivision 1. [MINNESOTA HEALTH CARE IDENTIFICATION 9.35 CARD.] All individuals with health care coverage shall be issued 9.36 health care identification cards by group purchasers as of 10.1 January 1, 1998, unless the requirements of section 62A.01, 10.2 subdivisions 2 and 3, are met. The health care identification 10.3 cards shall comply with the standards prescribed in this section. 10.4 Sec. 10. Minnesota Statutes 1998, section 62J.69, 10.5 subdivision 2, is amended to read: 10.6 Subd. 2. [ALLOCATION AND FUNDING FOR MEDICAL EDUCATION AND 10.7 RESEARCH.] (a) The commissioner may establish a trust fund for 10.8 the purposes of funding medical education and research 10.9 activities in the state of Minnesota. 10.10 (b) By January 1, 1997, the commissioner may appoint an 10.11 advisory committee to provide advice and oversight on the 10.12 distribution of funds from the medical education and research 10.13 trust fund. If a committee is appointed, the commissioner 10.14 shall: (1) consider the interest of all stakeholders when 10.15 selecting committee members; (2) select members that represent 10.16 both urban and rural interest; and (3) select members that 10.17 include ambulatory care as well as inpatient perspectives. The 10.18 commissioner shall appoint to the advisory committee 10.19 representatives of the following groups: medical researchers, 10.20 public and private academic medical centers, managed care 10.21 organizations, Blue Cross and Blue Shield of Minnesota, 10.22 commercial carriers, Minnesota Medical Association, Minnesota 10.23 Nurses Association, medical product manufacturers, employers, 10.24 and other relevant stakeholders, including consumers. The 10.25 advisory committee is governed by section 15.059, for membership 10.26 terms and removal of members and will sunset on June 30,199910.27 2001. 10.28 (c) Eligible applicants for funds are accredited medical 10.29 education teaching institutions, consortia, and programs 10.30 operating in Minnesota. Applications must be submitted by the 10.31 sponsoring institution on behalf of the teaching program, and 10.32 must be received by September 30 of each year for distribution 10.33 in January of the following year. An application for funds must 10.34 include the following: 10.35 (1) the official name and address of the sponsoring 10.36 institution and the official name and address of the facility or 11.1 programs on whose behalf the institution is applying for 11.2 funding; 11.3 (2) the name, title, and business address of those persons 11.4 responsible for administering the funds; 11.5 (3) for each accredited medical education program for which 11.6 funds are being sought the type and specialty orientation of 11.7 trainees in the program, the name, address, and medical 11.8 assistance provider number of each training site used in the 11.9 program, the total number of trainees at each site, and the 11.10 total number of eligible trainees at each training site; 11.11 (4) audited clinical training costs per trainee for each 11.12 medical education program where available or estimates of 11.13 clinical training costs based on audited financial data; 11.14 (5) a description of current sources of funding for medical 11.15 education costs including a description and dollar amount of all 11.16 state and federal financial support, including Medicare direct 11.17 and indirect payments; 11.18 (6) other revenue received for the purposes of clinical 11.19 training; and 11.20 (7) other supporting information the commissioner, with 11.21 advice from the advisory committee, determines is necessary for 11.22 the equitable distribution of funds. 11.23 (d) The commissioner shall distribute medical education 11.24 funds to all qualifying applicants based on the following basic 11.25 criteria: (1) total medical education funds available; (2) 11.26 total eligible trainees in each eligible education program; and 11.27 (3) the statewide average cost per trainee, by type of trainee, 11.28 in each medical education program. Funds distributed shall not 11.29 be used to displace current funding appropriations from federal 11.30 or state sources. Funds shall be distributed to the sponsoring 11.31 institutions indicating the amount to be paid to each of the 11.32 sponsor's medical education programs based on the criteria in 11.33 this paragraph. Sponsoring institutions which receive funds 11.34 from the trust fund must distribute approved funds to the 11.35 medical education program according to the commissioner's 11.36 approval letter. Further, programs must distribute funds among 12.1 the sites of training as specified in the commissioner's 12.2 approval letter. Any funds not distributed as directed by the 12.3 commissioner's approval letter shall be returned to the medical 12.4 education and research trust fund within 30 days of a notice 12.5 from the commissioner. The commissioner shall distribute 12.6 returned funds to the appropriate entities in accordance with 12.7 the commissioner's approval letter. 12.8 (e) Medical education programs receiving funds from the 12.9 trust fund must submit a medical education and research grant 12.10 verification report (GVR) through the sponsoring institution 12.11 based on criteria established by the commissioner. If the 12.12 sponsoring institution fails to submit the GVR by the stated 12.13 deadline, or to request and meet the deadline for an extension, 12.14 the sponsoring institution is required to return the full amount 12.15 of the medical education and research trust fund grant to the 12.16 medical education and research trust fund within 30 days of a 12.17 notice from the commissioner. The commissioner shall distribute 12.18 returned funds to the appropriate entities in accordance with 12.19 the commissioner's approval letter. The reports must include: 12.20 (1) the total number of eligible trainees in the program; 12.21 (2) the programs and residencies funded, the amounts of 12.22 trust fund payments to each program, and within each program, 12.23 the dollar amount distributed to each training site; and 12.24 (3) other information the commissioner, with advice from 12.25 the advisory committee, deems appropriate to evaluate the 12.26 effectiveness of the use of funds for clinical training. 12.27 The commissioner, with advice from the advisory committee, 12.28 will provide an annual summary report to the legislature on 12.29 program implementation due February 15 of each year. 12.30 (f) The commissioner is authorized to distribute funds made 12.31 available through: 12.32 (1) voluntary contributions by employers or other entities; 12.33 (2) allocations for the department of human services to 12.34 support medical education and research; and 12.35 (3) other sources as identified and deemed appropriate by 12.36 the legislature for inclusion in the trust fund. 13.1 (g) The advisory committee shall continue to study and make 13.2 recommendations on: 13.3 (1) the funding of medical research consistent with work 13.4 currently mandated by the legislature and under way at the 13.5 department of health; and 13.6 (2) the costs and benefits associated with medical 13.7 education and research. 13.8 Sec. 11. Minnesota Statutes 1998, section 62J.75, is 13.9 amended to read: 13.10 62J.75 [CONSUMER ADVISORY BOARD.] 13.11 (a) The consumer advisory board consists of 18 members 13.12 appointed in accordance with paragraph (b). All members must be 13.13 public, consumer members who: 13.14 (1) do not have and never had a material interest in either 13.15 the provision of health care services or in an activity directly 13.16 related to the provision of health care services, such as health 13.17 insurance sales or health plan administration; 13.18 (2) are not registered lobbyists; and 13.19 (3) are not currently responsible for or directly involved 13.20 in the purchasing of health insurance for a business or 13.21 organization. 13.22 (b) The governor, the speaker of the house of 13.23 representatives, and the subcommittee on committees of the 13.24 committee on rules and administration of the senate shall each 13.25 appoint six members. Members may be compensated in accordance 13.26 with section 15.059, subdivision 3, except that members shall 13.27 not receive per diem compensation or reimbursements for child 13.28 care expenses. 13.29 (c) The board shall advise the commissioners of health and 13.30 commerce on the following: 13.31 (1) the needs of health care consumers and how to better 13.32 serve and educate the consumers on health care concerns and 13.33 recommend solutions to identified problems; and 13.34 (2) consumer protection issues in the self-insured market, 13.35 including, but not limited to, public education needs. 13.36 The board also may make recommendations to the legislature 14.1 on these issues. 14.2 (d) The board and this section expire June 30,20011999. 14.3 Sec. 12. Minnesota Statutes 1998, section 62Q.64, is 14.4 amended to read: 14.5 62Q.64 [DISCLOSURE OF EXECUTIVE COMPENSATION.] 14.6 (a) Each health plan company doing business in this state 14.7 shall annually file with theconsumer advisory board created in14.8section 62J.75commissioner of health: 14.9 (1) a copy of the health plan company's form 990 filed with 14.10 the federal Internal Revenue Service; or 14.11 (2) if the health plan company did not file a form 990 with 14.12 the federal Internal Revenue Service, a list of the amount and 14.13 recipients of the health plan company's five highest salaries, 14.14 including all types of compensation, in excess of $50,000. 14.15 (b) A filing under this section is public data under 14.16 section 13.03. 14.17 Sec. 13. Minnesota Statutes 1998, section 145.881, 14.18 subdivision 2, is amended to read: 14.19 Subd. 2. [DUTIES.] The advisory task force shall meet on a 14.20 regular basis to perform the following duties: 14.21 (a) review and report on the health care needs of mothers 14.22 and children throughout the state of Minnesota; 14.23 (b) review and report on the type, frequency and impact of 14.24 maternal and child health care services provided to mothers and 14.25 children under existing maternal and child health care programs, 14.26 including programs administered by the commissioner of health; 14.27 (c) establish, review, and report to the commissioner a 14.28 list of program guidelines and criteria which the advisory task 14.29 force considers essential to providing an effective maternal and 14.30 child health care program to low income populations and high 14.31 risk persons and fulfilling the purposes defined in section 14.32 145.88; 14.33 (d) review staff recommendations of the department of 14.34 health regarding maternal and child health grant awards before 14.35 the awards are made; 14.36 (e) make recommendations to the commissioner for the use of 15.1 other federal and state funds available to meet maternal and 15.2 child health needs; 15.3 (f) make recommendations to the commissioner of health on 15.4 priorities for funding the following maternal and child health 15.5 services: (1) prenatal, delivery and postpartum care, (2) 15.6 comprehensive health care for children, especially from birth 15.7 through five years of age, (3) adolescent health services, (4) 15.8 family planning services, (5) preventive dental care, (6) 15.9 special services for chronically ill and handicapped children 15.10 and (7) any other services which promote the health of mothers 15.11 and children;and15.12 (g) make recommendations to the commissioner of health on 15.13 the process to distribute, award and administer the maternal and 15.14 child health block grant funds; and 15.15 (h) review the measures that are used to define the 15.16 variables of the funding distribution formula in section 15.17 145.882, subdivision 4a, every two years and make 15.18 recommendations to the commissioner of health for changes based 15.19 upon principles established by the advisory task force for this 15.20 purpose. 15.21 Sec. 14. Minnesota Statutes 1998, section 145.882, is 15.22 amended by adding a subdivision to read: 15.23 Subd. 4a. [ALLOCATION TO COMMUNITY HEALTH BOARDS.] (a) 15.24 Federal maternal and child health block grant money remaining 15.25 after distributions made under subdivision 2 and money 15.26 appropriated for allocation to community health boards must be 15.27 allocated according to paragraphs (b) to (d) to community health 15.28 boards as defined in section 145A.02, subdivision 5. 15.29 (b) All community health boards must receive 95 percent of 15.30 the funding awarded to them for the 1998-1999 funding cycle. If 15.31 the amount of state and federal funding available is less than 15.32 95 percent of the amount awarded to community health boards for 15.33 the 1998-1999 funding cycle, the available funding must be 15.34 apportioned to reflect a proportional decrease for each 15.35 recipient. 15.36 (c) The federal and state funding remaining after 16.1 distributions made under paragraph (b) must be allocated to each 16.2 community health board based on the following three variables: 16.3 (1) 25 percent based on the maternal and child population 16.4 in the area served by the community health board; 16.5 (2) 50 percent based on the health risk factors of the 16.6 maternal and child population in the area served by the 16.7 community health board; and 16.8 (3) 25 percent based on the income of the maternal and 16.9 child population in the area served by the community health 16.10 board. 16.11 (d) Each variable must be expressed as a city or county 16.12 score consisting of the city or county frequency of each 16.13 variable divided by the statewide frequency of the variable. A 16.14 total score for each city or county jurisdiction must be 16.15 computed by totaling the scores of the three factors. Each 16.16 community health board must be allocated an amount equal to the 16.17 total score obtained for the city, county, or counties in its 16.18 area multiplied by the amount of money available. 16.19 Sec. 15. Minnesota Statutes 1998, section 145.882, 16.20 subdivision 7, is amended to read: 16.21 Subd. 7. [USE OF BLOCK GRANT MONEY.] (a) Maternal and 16.22 child health block grant money allocated to a community health 16.23 board or community health services area under this section must 16.24 be used for qualified programs for high risk and low-income 16.25 individuals. Block grant money must be used for programs that: 16.26 (1) specifically address the highest risk populations, 16.27 particularly low-income and minority groups with a high rate of 16.28 infant mortality and children with low birth weight, by 16.29 providing services, including prepregnancy family planning 16.30 services, calculated to produce measurable decreases in infant 16.31 mortality rates, instances of children with low birth weight, 16.32 and medical complications associated with pregnancy and 16.33 childbirth, including infant mortality, low birth rates, and 16.34 medical complications arising from chemical abuse by a mother 16.35 during pregnancy; 16.36 (2) specifically target pregnant women whose age, medical 17.1 condition, maternal history, or chemical abuse substantially 17.2 increases the likelihood of complications associated with 17.3 pregnancy and childbirth or the birth of a child with an 17.4 illness, disability, or special medical needs; 17.5 (3) specifically address the health needs of young children 17.6 whohave orare likely to have a chronic disease or disability 17.7 or special medical needs, including physical, neurological, 17.8 emotional, and developmental problems that arise from chemical 17.9 abuse by a mother during pregnancy; 17.10 (4) provide family planning and preventive medical care for 17.11 specifically identified target populations, such as minority and 17.12 low-income teenagers, in a manner calculated to decrease the 17.13 occurrence of inappropriate pregnancy and minimize the risk of 17.14 complications associated with pregnancy and childbirth; or 17.15 (5) specifically address the frequency and severity of 17.16 childhood injuries in high risk target populations by providing 17.17 services calculated to produce measurable decreases in mortality 17.18 and morbidity.However, money may be used for this purpose only17.19if the community health board's application includes program17.20components for the purposes in clauses (1) to (4) in the17.21proposed geographic service area and the total expenditure for17.22injury-related programs under this clause does not exceed ten17.23percent of the total allocation under subdivision 3.17.24(b) Maternal and child health block grant money may be used17.25for purposes other than the purposes listed in this subdivision17.26only under the following conditions:17.27(1) the community health board or community health services17.28area can demonstrate that existing programs fully address the17.29needs of the highest risk target populations described in this17.30subdivision; or17.31(2) the money is used to continue projects that received17.32funding before creation of the maternal and child health block17.33grant in 1981.17.34(c)(b) Projects that received funding before creation of 17.35 the maternal and child health block grant in 1981, must be17.36allocated at least the amount of maternal and child health18.1special project grant funds received in 1989, unless (1) the18.2local board of health provides equivalent alternative funding18.3for the project from another source; or (2) the local board of18.4health demonstrates that the need for the specific services18.5provided by the project has significantly decreased as a result18.6of changes in the demographic characteristics of the population,18.7or other factors that have a major impact on the demand for18.8services. If the amount of federal funding to the state for the18.9maternal and child health block grant is decreased, these18.10projects must receive a proportional decrease as required in18.11subdivision 1. Increases in allocation amounts to local boards18.12of health under subdivision 4 may be used to increase funding18.13levels for these projectsmay be continued at the discretion of 18.14 the community health board. 18.15 Sec. 16. Minnesota Statutes 1998, section 145.885, 18.16 subdivision 2, is amended to read: 18.17 Subd. 2. [ADDITIONAL REQUIREMENTS FOR COMMUNITY BOARDS OF 18.18 HEALTH.] Applications by community health boards as defined in 18.19 section 145A.02, subdivision 5, under section 145.882, 18.20 subdivision34a, must also contain a summary of the process 18.21 used to develop the local program, including evidence that the 18.22 community health board notified local public and private 18.23 providers of the availability of funding through the community 18.24 health board for maternal and child health services; a list of 18.25 all public and private agency requests for grants submitted to 18.26 the community health board indicating which requests were 18.27 included in the grant application; and an explanation of how 18.28 priorities were established for selecting the requests to be 18.29 included in the grant application. The community health board 18.30 shall include, with the grant application, a written statement 18.31 of the criteria to be applied to public and private agency 18.32 requests for funding. 18.33 Sec. 17. Minnesota Statutes 1998, section 148.511, is 18.34 amended to read: 18.35 148.511 [SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS.] 18.36 Sections 148.511 to 148.5196 apply only to persons who are 19.1 applicants for registration, who are registered, who use 19.2 protected titles, or who represent that they are 19.3 registered. Persons who engage in the practice of 19.4 speech-language pathology or audiology and who satisfy the 19.5 qualifications for registration must register under sections 19.6 148.511 to 148.5196. Sections 148.511 to 148.5196 do not apply 19.7 to school personnel licensed by the board of teaching 19.8 underMinnesota Rules, part 8700.5505section 122A.28, provided 19.9 that school personnel practicing within the scope of their 19.10 licensed occupation preface titles protected under section 19.11 148.513 with the words "school" or "educational." 19.12 Sec. 18. Minnesota Statutes 1998, section 148.515, 19.13 subdivision 3, is amended to read: 19.14 Subd. 3. [SUPERVISED CLINICAL TRAINING REQUIRED.] (a) An 19.15 applicant must complete at least 375 hours of supervised 19.16 clinical training as a student that meets the requirements of 19.17 paragraphs (b) to (f). 19.18 (b) The supervised clinical training must be provided by 19.19 the educational institution or by one of its cooperating 19.20 programs. 19.21 (c) The first 25 hours of the supervised clinical training 19.22 must be spent in clinical observation. Those 25 hours must 19.23 concern the evaluation and treatment of children and adults with 19.24 disorders of speech, language, or hearing. 19.25 (d) All applicants must complete at least 350 hours of 19.26 supervised clinical training that concern the evaluation and 19.27 treatment of children and adults with disorders of speech, 19.28 language, and hearing. At least 250 of the 350 hours must be at 19.29 the graduate level in the area in which registration is sought. 19.30 At least 50 hours must be spent in each of three types of 19.31 clinical settings including, but not limited to, university 19.32 clinics, hospitals, private clinics, and schools, including 19.33 secondary and elementary. 19.34 (e) An applicant seeking registration as a speech-language 19.35 pathologist must: 19.36 (1) obtain 250 of the 350 supervised hours in 20.1 speech-language pathology; 20.2 (2) complete a minimum of 20 hours of the 250 hours in each 20.3 of the following eight categories: 20.4 (i) evaluation: speech disorders in children; 20.5 (ii) evaluation: speech disorders in adults; 20.6 (iii) evaluation: language disorders in children; 20.7 (iv) evaluation: language disorders in adults; 20.8 (v) treatment: speech disorders in children; 20.9 (vi) treatment: speech disorders in adults; 20.10 (vii) treatment: language disorders in children; and 20.11 (viii) treatment: language disorders in adults; 20.12 (3) complete a minimum of35 hours in audiology including:20.13(i) 15 hours in the evaluation or screening of individuals20.14with hearing disorders; and20.15(ii) 15 hours in habilitation or rehabilitation of20.16individuals with hearing impairment20 of the 350 hours in 20.17 audiology; and 20.18 (4) obtain no more than 20 hours in the major professional 20.19 area that are in related disorders. 20.20 (f) An applicant seeking registration as an audiologist 20.21 must: 20.22 (1) obtain 250 of the 350 hours in audiology; 20.23 (2) complete a minimum of40 hours in each of the following20.24four categories40 of the 250 hours in each of the first two of 20.25 the following categories, complete at least 80 hours in 20.26 categories (iii) and (iv), with at least ten hours in each of 20.27 categories (i) to (iv), and complete at least 20 hours in 20.28 category (v): 20.29 (i) evaluation: hearing in children; 20.30 (ii) evaluation: hearing in adults; 20.31 (iii) selection and use: amplification and assistive 20.32 devices for children;and20.33 (iv) selection and use: amplification and assistive 20.34 devices for adults; and 20.35 (v) treatment: hearing disorders in children and adults; 20.36 (3)complete a minimum of 20 hours in the category of the21.1treatment of hearing disorders in children and adults;21.2(4)complete a minimum of35 hours20 of the 350 hours in 21.3 speech-language pathologyunrelated to hearing impairment as21.4follows:21.5(i) 15 hours in evaluation or screening; and21.6(ii) 15 hours in treatment; and 21.7(5)(4) obtain no more than 20 hours in the major 21.8 professional area that are in related disorders. 21.9 Sec. 19. Minnesota Statutes 1998, section 148.517, is 21.10 amended by adding a subdivision to read: 21.11 Subd. 4. [TEMPORARY REGISTRATION.] (a) The commissioner 21.12 shall issue temporary registration as a speech-language 21.13 pathologist, an audiologist, or both, to applicants who have 21.14 applied for registration under this section and meet the 21.15 following requirements: 21.16 (1) submit a signed and dated affidavit stating that the 21.17 applicant is not the subject of a disciplinary action or past 21.18 disciplinary action in this or another jurisdiction and is not 21.19 disqualified on the basis of section 148.5195, subdivision 3; 21.20 and 21.21 (2) either: 21.22 (i) provide a copy of a current credential as a 21.23 speech-language pathologist, an audiologist, or both, held in 21.24 the District of Columbia or a state or territory of the United 21.25 States; or 21.26 (ii) provide a copy of a current certificate of clinical 21.27 competence issued by the American Speech-Language-Hearing 21.28 Association or its equivalent. 21.29 (b) A temporary registration issued to a person under this 21.30 subdivision expires 90 days after it is issued or on the date 21.31 the commissioner grants or denies registration, whichever occurs 21.32 first. 21.33 (c) Upon application for renewal, a temporary registration 21.34 shall be renewed once to a person who is able to demonstrate 21.35 good cause for failure to meet the requirements for registration 21.36 within the initial temporary registration period and who is not 22.1 the subject of a disciplinary action or disqualified on the 22.2 basis of section 148.5195, subdivision 3. 22.3 Sec. 20. Minnesota Statutes 1998, section 148B.60, 22.4 subdivision 3, is amended to read: 22.5 Subd. 3. [UNLICENSED MENTAL HEALTH PRACTITIONER OR 22.6 PRACTITIONER.] "Unlicensed mental health practitioner" or 22.7 "practitioner" means a person who provides or purports to 22.8 provide, for remuneration, mental health services as defined in 22.9 subdivision 4. It does not include persons licensed by the 22.10 board of medical practice under chapter 147 or registered by the 22.11 board of medical practice under chapter 147A; the board of 22.12 nursing under sections 148.171 to 148.285; the board of 22.13 psychology under sections 148.88 to 148.98; the board of social 22.14 work under sections 148B.18 to 148B.289; the board of marriage 22.15 and family therapy under sections 148B.29 to 148B.39; or another 22.16 licensing board if the person is practicing within the scope of 22.17 the license;ormembers of the clergy who are providing pastoral 22.18 services in the context of performing and fulfilling the 22.19 salaried duties and obligations required of a member of the 22.20 clergy by a religious congregation; American Indian medicine men 22.21 and women; licensed attorneys; probation officers; school 22.22 counselors employed by a school district while acting within the 22.23 scope of employment as school counselors; registered 22.24 occupational therapists; or occupational therapy assistants. 22.25 For the purposes of complaint investigation or disciplinary 22.26 action relating to an individual practitioner, the term includes: 22.27 (1) persons employed by a program licensed by the 22.28 commissioner of human services who are acting as mental health 22.29 practitioners within the scope of their employment; 22.30 (2) persons employed by a program licensed by the 22.31 commissioner of human services who are providing chemical 22.32 dependency counseling services; persons who are providing 22.33 chemical dependency counseling services in private practice; and 22.34 (3) clergy who are providing mental health services that 22.35 are equivalent to those defined in subdivision 4. 22.36 Sec. 21. Minnesota Statutes 1998, section 148B.68, 23.1 subdivision 1, is amended to read: 23.2 Subdivision 1. [PROHIBITED CONDUCT.] The commissioner may 23.3 impose disciplinary action as described in section 148B.69 23.4 against any unlicensed mental health practitioner. The 23.5 following conduct is prohibited and is grounds for disciplinary 23.6 action: 23.7 (a) Conviction of a crime, including a finding or verdict 23.8 of guilt, an admission of guilt, or a no contest plea, in any 23.9 court in Minnesota or any other jurisdiction in the United 23.10 States, reasonably related to the provision of mental health 23.11 services. Conviction, as used in this subdivision, includes a 23.12 conviction of an offense which, if committed in this state, 23.13 would be deemed a felony or gross misdemeanor without regard to 23.14 its designation elsewhere, or a criminal proceeding where a 23.15 finding or verdict of guilty is made or returned but the 23.16 adjudication of guilt is either withheld or not entered. 23.17 (b) Conviction of crimes against persons. For purposes of 23.18 this chapter, a crime against a person means violations of the 23.19 following: sections 609.185; 609.19; 609.195; 609.20; 609.205; 23.20 609.21; 609.215; 609.221; 609.222; 609.223; 609.224; 609.2242; 23.21 609.23; 609.231; 609.2325; 609.233; 609.2335; 609.235; 609.24; 23.22 609.245; 609.25; 609.255; 609.26, subdivision 1, clause (1) or 23.23 (2); 609.265; 609.342; 609.343; 609.344; 609.345; 609.365; 23.24 609.498, subdivision 1; 609.50, clause (1); 609.561; 609.562; 23.25 609.595; and 609.72, subdivision 3. 23.26 (c) Failure to comply with the self-reporting requirements 23.27 of section 148B.63, subdivision 7. 23.28 (d) Engaging in sexual contact with a client or former 23.29 client as defined in section 148A.01, or engaging in contact 23.30 that may be reasonably interpreted by a client as sexual, or 23.31 engaging in any verbal behavior that is seductive or sexually 23.32 demeaning to the patient, or engaging in sexual exploitation of 23.33 a client or former client. 23.34 (e) Advertising that is false, fraudulent, deceptive, or 23.35 misleading. 23.36 (f) Conduct likely to deceive, defraud, or harm the public; 24.1 or demonstrating a willful or careless disregard for the health, 24.2 welfare, or safety of a client; or any other practice that may 24.3 create unnecessary danger to any client's life, health, or 24.4 safety, in any of which cases, proof of actual injury need not 24.5 be established. 24.6 (g) Adjudication as mentally incompetent, or as a person 24.7 who is dangerous to self, or adjudication pursuant to chapter 24.8 253B, as chemically dependent, mentally ill, mentally retarded, 24.9 mentally ill and dangerous to the public, or as a sexual 24.10 psychopathic personality or sexually dangerous person. 24.11 (h) Inability to provide mental health services with 24.12 reasonable safety to clients. 24.13 (i) The habitual overindulgence in the use of or the 24.14 dependence on intoxicating liquors. 24.15 (j) Improper or unauthorized personal or other use of any 24.16 legend drugs as defined in chapter 151, any chemicals as defined 24.17 in chapter 151, or any controlled substance as defined in 24.18 chapter 152. 24.19 (k) Revealing a communication from, or relating to, a 24.20 client except when otherwise required or permitted by law. 24.21 (l) Failure to comply with a client's request made under 24.22 section 144.335, or to furnish a client record or report 24.23 required by law. 24.24 (m) Splitting fees or promising to pay a portion of a fee 24.25 to any other professional other than for services rendered by 24.26 the other professional to the client. 24.27 (n) Engaging in abusive or fraudulent billing practices, 24.28 including violations of the federal Medicare and Medicaid laws 24.29 or state medical assistance laws. 24.30 (o) Failure to make reports as required by section 148B.63, 24.31 or cooperate with an investigation of the office. 24.32 (p) Obtaining money, property, or services from a client, 24.33 other than reasonable fees for services provided to the client, 24.34 through the use of undue influence, harassment, duress, 24.35 deception, or fraud. 24.36 (q) Undertaking or continuing a professional relationship 25.1 with a client in which the objectivity of the professional would 25.2 be impaired. 25.3 (r) Failure to provide the client with a copy of the client 25.4 bill of rights or violation of any provision of the client bill 25.5 of rights. 25.6 (s) Violating any order issued by the commissioner. 25.7 (t) Failure to comply with sections 148B.60 to 148B.71, and 25.8 the rules adopted under those sections. 25.9 (u) Failure to comply with any additional disciplinary 25.10 grounds established by the commissioner by rule. 25.11 (v) Revocation, suspension, restriction, limitation, or 25.12 other disciplinary action against the mental health 25.13 practitioner's license, certificate, registration, or right of 25.14 practice in this or another state or jurisdiction, for offenses 25.15 that would be subject to disciplinary action in this state, or 25.16 failure to report to the office of mental health practice that 25.17 charges regarding the practitioner's license, certificate, 25.18 registration, or right of practice have been brought in this or 25.19 another state or jurisdiction. 25.20 (w) Bartering for services with a client. 25.21 Sec. 22. Minnesota Statutes 1998, section 148B.69, is 25.22 amended by adding a subdivision to read: 25.23 Subd. 7. [RELEASE TO OBTAIN NONPUBLIC DATA.] An unlicensed 25.24 mental health practitioner who is the subject of an 25.25 investigation must sign a release authorizing the commissioner 25.26 to obtain criminal conviction data, reports about abuse or 25.27 neglect of clients, and other information pertaining to 25.28 investigations of violations of statute or rules from the bureau 25.29 of criminal apprehension, the Federal Bureau of Investigation, 25.30 the department of human services, the office of health 25.31 facilities complaints, private certification organizations, 25.32 county social service agencies, the division of driver and 25.33 vehicle services in the department of public safety, adult 25.34 protection services, child protection services, and other 25.35 agencies that regulate provision of health care services. After 25.36 the commissioner gives written notice to an individual who is 26.1 the subject of an investigation, the agencies shall assist the 26.2 commissioner with the investigation by giving the commissioner 26.3 the requested data. 26.4 Sec. 23. Minnesota Statutes 1998, section 148B.71, 26.5 subdivision 1, is amended to read: 26.6 Subdivision 1. [SCOPE.] All unlicensed mental health 26.7 practitioners, other than those providing services in a facility 26.8regulated under section 144.651 or a government agencyor 26.9 program licensed by the commissioner of health or the 26.10 commissioner of human services, shall provide to each client 26.11 prior to providing treatment a written copy of the mental health 26.12 client bill of rights. A copy must also be posted in a 26.13 prominent location in the office of the mental health 26.14 practitioner. Reasonable accommodations shall be made for those 26.15 clients who cannot read or who have communication impairments 26.16 and those who do not read or speak English. The mental health 26.17 client bill of rights shall include the following: 26.18 (a) the name, title, business address, and telephone number 26.19 of the practitioner; 26.20 (b) the degrees, training, experience, or other 26.21 qualifications of the practitioner, followed by the following 26.22 statement in bold print: 26.23 "THE STATE OF MINNESOTA HAS NOT ADOPTED UNIFORM EDUCATIONAL 26.24 AND TRAINING STANDARDS FOR ALL MENTAL HEALTH PRACTITIONERS. 26.25 THIS STATEMENT OF CREDENTIALS IS FOR INFORMATION PURPOSES ONLY." 26.26 (c) the name, business address, and telephone number of the 26.27 practitioner's supervisor, if any; 26.28 (d) notice that a client has the right to file a complaint 26.29 with the practitioner's supervisor, if any, and the procedure 26.30 for filing complaints; 26.31 (e) the name, address, and telephone number of the office 26.32 of mental health practice and notice that a client may file 26.33 complaints with the office; 26.34 (f) the practitioner's fees per unit of service, the 26.35 practitioner's method of billing for such fees, the names of any 26.36 insurance companies that have agreed to reimburse the 27.1 practitioner, or health maintenance organizations with whom the 27.2 practitioner contracts to provide service, whether the 27.3 practitioner accepts Medicare, medical assistance, or general 27.4 assistance medical care, and whether the practitioner is willing 27.5 to accept partial payment, or to waive payment, and in what 27.6 circumstances; 27.7 (g) a statement that the client has a right to reasonable 27.8 notice of changes in services or charges; 27.9 (h) a brief summary, in plain language, of the theoretical 27.10 approach used by the practitioner in treating patients; 27.11 (i) notice that the client has a right to complete and 27.12 current information concerning the practitioner's assessment and 27.13 recommended course of treatment, including the expected duration 27.14 of treatment; 27.15 (j) a statement that clients may expect courteous treatment 27.16 and to be free from verbal, physical, or sexual abuse by the 27.17 practitioner; 27.18 (k) a statement that client records and transactions with 27.19 the practitioner are confidential, unless release of these 27.20 records is authorized in writing by the client, or otherwise 27.21 provided by law; 27.22 (l) a statement of the client's right to be allowed access 27.23 to records and written information from records in accordance 27.24 with section 144.335; 27.25 (m) a statement that other services may be available in the 27.26 community, including where information concerning services is 27.27 available; 27.28 (n) a statement that the client has the right to choose 27.29 freely among available practitioners, and to change 27.30 practitioners after services have begun, within the limits of 27.31 health insurance, medical assistance, or other health programs; 27.32 (o) a statement that the client has a right to coordinated 27.33 transfer when there will be a change in the provider of 27.34 services; 27.35 (p) a statement that the client may refuse services or 27.36 treatment, unless otherwise provided by law; and 28.1 (q) a statement that the client may assert the client's 28.2 rights without retaliation. 28.3 Sec. 24. Minnesota Statutes 1998, section 148C.01, 28.4 subdivision 2, is amended to read: 28.5 Subd. 2. [ALCOHOL AND DRUG COUNSELOR.] "Alcohol and drug 28.6 counselor" or "counselor" means a person who: 28.7 (1) uses, as a representation to the public, any title, 28.8 initials, or description of services incorporating the words 28.9 "alcohol and drug counselor"; 28.10 (2) offers to render professional alcohol and drug 28.11 counseling services relative to the abuse of or the dependency 28.12 on alcohol or other drugs to the general public or groups, 28.13 organizations, corporations, institutions, or government 28.14 agencies for compensation, implying that the person is licensed 28.15 and trained, experienced or expert in alcohol and drug 28.16 counseling; 28.17 (3) holds a valid license issued under sections 148C.01 to 28.18 148C.11 to engage in the practice of alcohol and drug 28.19 counseling; or 28.20 (4) is an applicant for an alcohol and drug counseling 28.21 license. 28.22 Sec. 25. Minnesota Statutes 1998, section 148C.01, 28.23 subdivision 7, is amended to read: 28.24 Subd. 7. [ACCREDITED SCHOOL OR EDUCATIONAL PROGRAM.] 28.25 "Accredited school or educational program" means a school of 28.26 alcohol and drug counseling, university, college, or other 28.27 post-secondary education programthat offers no less than the28.28required number of education and practicum hours as described in28.29section 148C.04, subdivision 3, and the core functions as28.30defined in subdivision 9, andthat, at the time the student 28.31 completes the program, is accredited by a regional accrediting 28.32 association whose standards are substantially equivalent to 28.33 those of the North Central Association of Colleges and 28.34 Post-Secondary Education Institutions or an accrediting 28.35 association that evaluates schools of alcohol and drug 28.36 counseling for inclusion of the education, practicum, and core 29.1 function standards in this chapter. 29.2 Sec. 26. Minnesota Statutes 1998, section 148C.01, 29.3 subdivision 9, is amended to read: 29.4 Subd. 9. [CORE FUNCTIONS.] "Core functions" means the 29.5 following services provided in alcohol and drugdependency29.6 treatment: 29.7 (1) "Screening" means the process by which a client is 29.8 determined appropriate and eligible for admission to a 29.9 particular program. 29.10 (2) "Intake" means the administrative and initial 29.11 assessment procedures for admission to a program. 29.12 (3) "Orientation" means describing to the client the 29.13 general nature and goals of the program; rules governing client 29.14 conduct and infractions that can lead to disciplinary action or 29.15 discharge from the program; in a nonresidential program, the 29.16 hours during which services are available; treatment costs to be 29.17 borne by the client, if any; and client's rights. 29.18 (4) "Assessment" means those procedures by which a 29.19 counselor identifies and evaluates an individual's strengths, 29.20 weaknesses, problems, and needsfor the development of theto 29.21 develop a treatment plan or make recommendations for level of 29.22 care placement. 29.23 (5) "Treatment planning" means the process by which the 29.24 counselor and the client identify and rank problems needing 29.25 resolution; establish agreed upon immediate and long-term goals; 29.26 and decide on a treatment process and the sources to be utilized. 29.27 (6) "Counseling" means the utilization of special skills to 29.28 assist individuals, families, or groups in achieving objectives 29.29 through exploration of a problem and its ramifications; 29.30 examination of attitudes and feelings; consideration of 29.31 alternative solutions; and decision making. 29.32 (7) "Case management" means activities which bring 29.33 services, agencies, resources, or people together within a 29.34 planned framework of action toward the achievement of 29.35 established goals. 29.36 (8) "Crisis intervention" means those services which 30.1 respond to an alcohol or other drug user's needs during acute 30.2 emotional or physical distress. 30.3 (9) "Client education" means the provision of information 30.4 to clients who are receiving or seeking counseling concerning 30.5 alcohol and other drug abuse and the available services and 30.6 resources. 30.7 (10) "Referral" means identifying the needs of the client 30.8 which cannot be met by the counselor or agency and assisting the 30.9 client to utilize the support systems and available community 30.10 resources. 30.11 (11) "Reports and recordkeeping" means charting the results 30.12 of the assessment and treatment plan, writing reports, progress 30.13 notes, discharge summaries, and other client-related data. 30.14 (12) "Consultation with other professionals regarding 30.15 client treatment and services" means communicating with other 30.16 professionals in regard to client treatment and services to 30.17 assure comprehensive, quality care for the client. 30.18 Sec. 27. Minnesota Statutes 1998, section 148C.01, 30.19 subdivision 10, is amended to read: 30.20 Subd. 10. [PRACTICE OF ALCOHOL AND DRUG COUNSELING.] 30.21 "Practice of alcohol and drug counseling" means the observation, 30.22 description, evaluation, interpretation, and modification of 30.23 human behavior as it relates to the harmful or pathological use 30.24 or abuse of alcohol or other drugs by the application of the 30.25 core functions. The practice of alcohol and drug counseling 30.26 includes, but is not limited to, the following activities, 30.27 regardless of whether the counselor receives compensation for 30.28 the activities: 30.29 (1) assisting clients who use alcohol or drugs, evaluating 30.30 that use, and recognizing dependency if it exists; 30.31 (2) assisting clients with alcohol or other drug problems 30.32 to gain insight and motivation aimed at resolving those 30.33 problems; 30.34 (3) providing experienced professional guidance, 30.35 assistance, and support for the client's efforts to develop and 30.36 maintain a responsible functional lifestyle; 31.1 (4) recognizing problems outside the scope of the 31.2 counselor's training, skill, or competence and referring the 31.3 client to other appropriate professional services; 31.4 (5) assessing the level of alcohol or other drug use 31.5 involvement; 31.6 (6) individual planning to prevent a return to harmful 31.7 alcohol or chemical use; 31.8 (7) alcohol and other drug abuse education for clients; 31.9 (8) consultation with other professionals;and31.10 (9) gaining cultural competence through ongoing training 31.11 and education according to standards established by rule; and 31.12 (10) providing the above services, as needed, to family 31.13 members or others who are directly affected by someone using 31.14 alcohol or other drugs. 31.15 Sec. 28. Minnesota Statutes 1998, section 148C.01, is 31.16 amended by adding a subdivision to read: 31.17 Subd. 18. [PSYCHOMETRICALLY VALID AND 31.18 RELIABLE.] "Psychometrically valid and reliable" means developed 31.19 on the basis of role delineation, validation, reliability, 31.20 passing point, and sensitivity review factors, according to 31.21 generally accepted standards. 31.22 Sec. 29. Minnesota Statutes 1998, section 148C.03, 31.23 subdivision 1, is amended to read: 31.24 Subdivision 1. [GENERAL.] The commissioner shall, after 31.25 consultation with the advisory council or a committee 31.26 established by rule: 31.27 (a) adopt and enforce rules for licensure of alcohol and 31.28 drug counselors, including establishing standards and methods of 31.29 determining whether applicants and licensees are qualified under 31.30 section 148C.04. The rules must provide for examinations and 31.31 establish standards for the regulation of professional conduct. 31.32 The rules must be designed to protect the public; 31.33 (b) develop and, at least twice a year, administer an 31.34 examination to assess applicants' knowledge and skills. The 31.35 commissioner may contract for the administration of an 31.36 examinationapproved by the International Certification32.1Reciprocity Consortium/Alcohol and Other Drug Abuse32.2(ICRC/AODA)with an entity designated by the commissioner. The 32.3 examinations must be psychometrically valid and reliable; must 32.4 be written and oral, with the oral examination based on a 32.5 written case presentation; must minimize cultural bias,; and 32.6 must be balanced in various theories relative to the practice of 32.7 alcohol and drug counseling; 32.8 (c) issue licenses to individuals qualified under sections 32.9 148C.01 to 148C.11; 32.10 (d) issue copies of the rules for licensure to all 32.11 applicants; 32.12 (e) adopt rules to establish and implement procedures, 32.13 including a standard disciplinary process and rules of 32.14 professional conduct; 32.15 (f) carry out disciplinary actions against licensees; 32.16 (g) establish, with the advice and recommendations of the 32.17 advisory council, written internal operating procedures for 32.18 receiving and investigating complaints and for taking 32.19 disciplinary actions as appropriate; 32.20 (h) educate the public about the existence and content of 32.21 the rules for alcohol and drug counselor licensing to enable 32.22 consumers to file complaints against licensees who may have 32.23 violated the rules; 32.24 (i) evaluate the rules in order to refine and improve the 32.25 methods used to enforce the commissioner's standards; 32.26 (j) set, collect, and adjust license fees for alcohol and 32.27 drug counselors so that the total fees collected will as closely 32.28 as possible equal anticipated expenditures during the biennium, 32.29 as provided in section 16A.1285; fees for initial and renewal 32.30 application and examinations; late fees for counselors who 32.31 submit license renewal applications after the renewal deadline; 32.32 and a surcharge fee. The surcharge fee must include an amount 32.33 necessary to recover, over a five-year period, the 32.34 commissioner's direct expenditures for the adoption of the rules 32.35 providing for the licensure of alcohol and drug counselors. All 32.36 fees received shall be deposited in the state treasury and 33.1 credited to the special revenue fund; and 33.2 (k) prepare reports on activities related to the licensure 33.3 of alcohol and drug counselors according to this subdivision by 33.4 October 1 of each even-numbered year. Copies of the reports 33.5 shall be delivered to the legislature in accordance with section 33.6 3.195 and to the governor. The reports shall contain the 33.7 following information on the commissioner's activities relating 33.8 to the licensure of alcohol and drug counselors, for the 33.9 two-year period ending the previous June 30: 33.10 (1) a general statement of the activities; 33.11 (2) the number of staff hours spent on the activities; 33.12 (3) the receipts and disbursements of funds; 33.13 (4) the names of advisory council members and their 33.14 addresses, occupations, and dates of appointment and 33.15 reappointment; 33.16 (5) the names and job classifications of employees; 33.17 (6) a brief summary of rules proposed or adopted during the 33.18 reporting period with appropriate citations to the State 33.19 Register and published rules; 33.20 (7) the number of persons having each type of license 33.21 issued by the commissioner as of June 30 in the year of the 33.22 report; 33.23 (8) the locations and dates of the administration of 33.24 examinations by the commissioner; 33.25 (9) the number of persons examined by the commissioner with 33.26 the persons subdivided into groups showing age categories, sex, 33.27 and states of residency; 33.28 (10) the number of persons licensed by the commissioner 33.29 after taking the examinations referred to in clause (8) with the 33.30 persons subdivided by age categories, sex, and states of 33.31 residency; 33.32 (11) the number of persons not licensed by the commissioner 33.33 after taking the examinations referred to in clause (8) with the 33.34 persons subdivided by age categories, sex, and states of 33.35 residency; 33.36 (12) the number of persons not taking the examinations 34.1 referred to in clause (8) who were licensed by the commissioner 34.2 or who were denied licensing, the reasons for the licensing or 34.3 denial, and the persons subdivided by age categories, sex, and 34.4 states of residency; 34.5 (13) the number of persons previously licensed by the 34.6 commissioner whose licenses were revoked, suspended, or 34.7 otherwise altered in status with brief statements of the reasons 34.8 for the revocation, suspension, or alteration; 34.9 (14) the number of written and oral complaints and other 34.10 communications received by the commissioner which allege or 34.11 imply a violation of a statute or rule which the commissioner is 34.12 empowered to enforce; 34.13 (15) a summary, by specific category, of the substance of 34.14 the complaints and communications referred to in clause (14) 34.15 and, for each specific category, the responses or dispositions; 34.16 and 34.17 (16) any other objective information which the commissioner 34.18 believes will be useful in reviewing the commissioner's 34.19 activities. 34.20 Sec. 30. Minnesota Statutes 1998, section 148C.04, is 34.21 amended by adding a subdivision to read: 34.22 Subd. 6. [TEMPORARY PRACTICE REQUIREMENTS.] (a) A person 34.23 may temporarily practice alcohol and drug counseling prior to 34.24 being licensed under this chapter if the person: 34.25 (1) either: 34.26 (i) meets the associate degree education and practicum 34.27 requirements of subdivision 3, clause (1); or 34.28 (ii) meets the bachelor degree education and practicum 34.29 requirements of subdivision 4, clause (1), item (i); 34.30 (2) within 60 days of meeting the requirements of 34.31 subdivision 3, clause (1), or subdivision 4, clause (1), item 34.32 (i), requests, in writing, temporary practice status with the 34.33 commissioner on application forms according to section 34.34 148C.0351, which include the nonrefundable license fee and an 34.35 affirmation by the person's supervisor, as defined in paragraph 34.36 (b), clause (1), and which are signed and dated by the person 35.1 and the person's supervisor; 35.2 (3) has not been disqualified to practice temporarily on 35.3 the basis of a background investigation under section 148C.09, 35.4 subdivision 1a; and 35.5 (4) has been notified in writing by the commissioner that 35.6 the person is qualified to practice under this subdivision. 35.7 (b) A person practicing under this subdivision: 35.8 (1) may practice only in a program licensed by the 35.9 department of human services and under the direct, on-site 35.10 supervision of a person who is licensed under this chapter and 35.11 employed in that licensed program; 35.12 (2) is subject to the rules of professional conduct set by 35.13 rule; 35.14 (3) is not subject to the continuing education requirements 35.15 of section 148C.05; and 35.16 (4) must be licensed according to this chapter within 12 35.17 months of meeting the requirements of subdivision 3, clause (1), 35.18 or subdivision 4, clause (1), item (i). 35.19 (c) Upon written request, the commissioner may extend a 35.20 person's temporary status if the person practices in a program 35.21 described in section 148C.11, subdivision 3, paragraph (b), 35.22 clause (2). 35.23 (d) A person practicing under this subdivision may not hold 35.24 himself or herself out to the public by any title or description 35.25 stating or implying that the person is licensed to engage in the 35.26 practice of alcohol and drug counseling. 35.27 Sec. 31. Minnesota Statutes 1998, section 148C.04, is 35.28 amended by adding a subdivision to read: 35.29 Subd. 7. [EFFECT AND SUSPENSION OF TEMPORARY 35.30 PRACTICE.] Approval of a person's application for temporary 35.31 practice creates no rights to or expectation of approval from 35.32 the commissioner for licensure as an alcohol and drug 35.33 counselor. The commissioner may suspend or restrict a person's 35.34 temporary practice status according to section 148C.09. 35.35 Sec. 32. Minnesota Statutes 1998, section 148C.06, 35.36 subdivision 1, is amended to read: 36.1 Subdivision 1. [QUALIFICATIONS.] For two years from the 36.2 effective date of the rules authorized in section 148C.03, 36.3 subdivision 1, the commissioner shall issue a license to an 36.4 applicant if the applicant meets one of the following 36.5 qualifications: 36.6 (a) is credentialed as a certified chemical dependency 36.7 counselor (CCDC) or certified chemical dependency counselor 36.8 reciprocal (CCDCR) by the Institute for Chemical Dependency 36.9 Professionals of Minnesota, Inc.; graduates from an accredited 36.10 school or education program with a certificate of completion in 36.11 alcohol and drug counselor studies that includes a minimum of 36.12 270 clock hours of formal classroom education and 880 clock 36.13 hours of alcohol and drug counselor internship and passes both 36.14 the written and oral examinations according to this chapter; or 36.15 has 2080 hours of supervised alcohol and drug counselor 36.16 experience, 270 clock hours of alcohol and drug counselor 36.17 training with a minimum of 60 hours of the training occurring 36.18 within the past five years, and 300 hours of alcohol and drug 36.19 counselor internship and successfully completes the examination 36.20 requirements in section 148C.04, subdivision 3, clauses (2) and 36.21 (3); 36.22 (b) has 6,000 hours of supervised alcohol and drug 36.23 counselor experience as defined by the core functions, 270 clock 36.24 hours of alcohol and drug counselor training with a minimum of 36.25 60 hours of this training occurring within the past five years, 36.26 300 hours of alcohol and drug counselor internship, and has 36.27 successfully completed the examination requirements in section 36.28 148C.04, subdivision 3, clauses (2) and (3); 36.29 (c) has 10,000 hours of supervised alcohol and drug 36.30 counselor experience as defined by the core functions, 270 clock 36.31 hours of alcohol and drug training with a minimum of 60 hours of 36.32 this training occurring within the past five years, and has 36.33 successfully completed the requirements in section 148C.04, 36.34 subdivision 3, clause (2) or (3), or is credentialed as a 36.35 certified chemical dependency practitioner (CCDP) by the 36.36 Institute for Chemical Dependency Professionals of Minnesota, 37.1 Inc.; or 37.2 (d) has 14,000 hours of supervised alcohol and drug 37.3 counselor experience as defined by the core functions and 270 37.4 clock hours of alcohol and drug training with a minimum of 60 37.5 hours of this training occurring within the past five years; or37.6(e) has met the special licensing criteria established37.7pursuant to section 148C.11. 37.8 Sec. 33. Minnesota Statutes 1998, section 148C.09, 37.9 subdivision 1, is amended to read: 37.10 Subdivision 1. [GROUNDS.] The commissioner may refuse to 37.11 grant a license to, or may suspend, revoke, or restrict the 37.12 license of an individual if the commissioner determines that a 37.13 licensee or applicant: 37.14 (1) is incompetent to engage in alcohol and drug counseling 37.15 practice or is found to be engaged in alcohol and drug 37.16 counseling practice in a manner harmful or dangerous to a client 37.17 or the public; 37.18 (2) has violated the rules of the commissioner or the 37.19 statutes the commissioner is empowered to enforce; or any law, 37.20 rule order, stipulation and consent order, agreement, or 37.21 settlement; 37.22 (3) has obtained or attempted to obtain a license or 37.23 license renewal by bribery or fraudulent misrepresentation; 37.24 (4) has knowingly made a false statement on the form 37.25 required to be submitted to the commissioner for licensing or 37.26 license renewal; 37.27 (5) has failed to obtain continuing education credits 37.28 required by the commissioner; 37.29 (6) has failed to demonstrate the qualifications or satisfy 37.30 the requirements for a license contained in this chapter or 37.31 rules of the commissioner. The burden of proof shall be upon 37.32 the applicant to demonstrate qualifications or satisfaction of 37.33 requirements; 37.34 (7) has been convicted of a crime, including a finding or 37.35 verdict of guilt, an admission of guilt, or a no contest plea, 37.36 in any court in Minnesota or any other jurisdiction in the 38.1 United States, reasonably related to the provision of alcohol 38.2 and drug counseling services. Conviction, as used in this 38.3 subdivision, includes conviction of an offense which, if 38.4 committed in this state, would be deemed a felony or gross 38.5 misdemeanor without regard to its designation elsewhere, or a 38.6 criminal proceeding where a finding or verdict of guilty is made 38.7 or returned but the adjudication of guilt is either withheld or 38.8 not entered; 38.9 (8) has been convicted of a crime against another person. 38.10 For purposes of this chapter, a crime against another person 38.11 means an offense listed in section 148B.68, subdivision 1, 38.12 paragraph (b); 38.13 (9) has failed to comply with the self-reporting 38.14 requirements of section 148C.095, subdivision 7; 38.15 (10) has engaged in sexual contact with a client, or a 38.16 former client, as defined in section 148A.01, or has engaged in 38.17 conduct that may be reasonably interpreted by a client as 38.18 sexual, or has engaged in any verbal behavior that is seductive 38.19 or sexually demeaning to the client, or has engaged in sexual 38.20 exploitation of a client or former client; 38.21 (11) has engaged in false, fraudulent, deceptive, or 38.22 misleading advertising; 38.23 (12) has engaged in conduct likely to deceive, defraud, or 38.24 harm the public; or has demonstrated a willful or careless 38.25 disregard for the health, welfare, or safety of a client; or any 38.26 other practice that may create unnecessary danger to any 38.27 client's life, health, or safety, in any of which cases, proof 38.28 of actual injury need not be established; 38.29 (13) has been adjudicated as mentally incompetent, or as a 38.30 person who has a psychopathic personality, or who is dangerous 38.31 to self, or has been adjudicated as chemically dependent, 38.32 mentally ill, mentally retarded, or mentally ill and dangerous 38.33 to the public pursuant to chapter 253B; 38.34 (14) is unable to provide alcohol and drug counseling 38.35 services with reasonable safety to clients; 38.36 (15)ishas habituallyoverindulgentoverindulged in the 39.1 use of or the dependence on alcohol within the past two years; 39.2 (16) has engaged in the improper or unauthorized personal 39.3 or other use of any legend drugs as defined in section 151.01, 39.4 any chemicals as defined in section 151.01, or any controlled 39.5 substance as defined in section 152.01 within the past two 39.6 years; 39.7 (17) reveals a communication from, or relating to, a client 39.8 except when required or permitted by law; 39.9 (18) fails to comply with a client's request for health 39.10 records made under section 144.335, or to furnish a client 39.11 record or report required by law; 39.12 (19) has engaged in fee splitting or promises to pay a 39.13 portion of a fee to any other professional other than for 39.14 services rendered by the other professional to the client; 39.15 (20) has engaged in abusive or fraudulent billing 39.16 practices, including violations of the federal Medicare and 39.17 Medicaid laws or state medical assistance laws; 39.18 (21) fails to make reports as required by section 148C.095, 39.19 or cooperate with an investigation of the commissioner; 39.20 (22) obtains money, property, or services from a client, 39.21 other than reasonable fees for services provided to the client, 39.22 through the use of undue influence, harassment, duress, 39.23 deception, or fraud; 39.24 (23) undertakes or continues a professional relationship 39.25 with a client in which the objectivity of the alcohol and drug 39.26 counselor may be impaired; 39.27 (24) engages in conduct that constitutes grounds for 39.28 discipline as established by the commissioner in rule; or 39.29 (25) engages in bartering for services with a client. 39.30 Sec. 34. Minnesota Statutes 1998, section 148C.09, 39.31 subdivision 1a, is amended to read: 39.32 Subd. 1a. [BACKGROUND INVESTIGATION.] The applicant must 39.33 sign a release authorizing the commissioner to obtain 39.34 information from the bureau of criminal apprehension, the 39.35 Federal Bureau of Investigation, the office of mental health 39.36 practice, the department of human services, the office of health 40.1 facilities complaints, and other agencies specified in the 40.2 rules. After the commissioner has given written notice to an 40.3 individual who is the subject of a background investigation, the 40.4 agencies shall assist the commissioner with the investigation by 40.5 giving the commissioner criminal conviction data, reports about 40.6abuse or neglect of clientssubstantiated maltreatment of minors 40.7 and vulnerable adults, and other information specified in the 40.8 rules. The commissioner may contract with the commissioner of 40.9 human services to obtain criminal history data from the bureau 40.10 of criminal apprehension. 40.11 Sec. 35. Minnesota Statutes 1998, section 148C.11, 40.12 subdivision 1, is amended to read: 40.13 Subdivision 1. [OTHER PROFESSIONALS.] Nothing in sections 40.14 148C.01 to 148C.10 shall prevent members of other professions or 40.15 occupations from performing functions for which they are 40.16 qualified or licensed. This exception includes, but is not 40.17 limited to, licensed physicians, registered nurses, licensed 40.18 practical nurses, licensed psychological practitioners, members 40.19 of the clergy, American Indian medicine men and women, licensed 40.20 attorneys, probation officers, licensed marriage and family 40.21 therapists, licensed social workers, licensed professional 40.22 counselors, school counselors employed by a school district 40.23 while acting within the scope of employment as school 40.24 counselors, and registered occupational therapists or 40.25 occupational therapy assistants. These persons must not, 40.26 however, use a title incorporating the words "alcohol and drug 40.27 counselor" or "licensed alcohol and drug counselor" or otherwise 40.28 hold themselves out to the public by any title or description 40.29 stating or implying that they are engaged in the practice of 40.30 alcohol and drug counseling, or that they are licensed to engage 40.31 in the practice of alcohol and drug counseling. Persons engaged 40.32 in the practice of alcohol and drug counseling are not exempt 40.33 from the commissioner's jurisdiction solely by the use of one of 40.34 the above titles. 40.35 Sec. 36. Minnesota Statutes 1998, section 153A.13, 40.36 subdivision 9, is amended to read: 41.1 Subd. 9. [SUPERVISION.] "Supervision" meanson-site41.2observing andmonitoring activities of, and accepting 41.3 responsibility for, the hearing instrument dispensing activities 41.4 of a trainee. 41.5 Sec. 37. Minnesota Statutes 1998, section 153A.13, is 41.6 amended by adding a subdivision to read: 41.7 Subd. 10. [DIRECT SUPERVISION OR DIRECTLY 41.8 SUPERVISED.] "Direct supervision" or "directly supervised" means 41.9 the on-site and contemporaneous location of a supervisor and 41.10 trainee, when the supervisor observes the trainee engaging in 41.11 hearing instrument dispensing with a consumer. 41.12 Sec. 38. Minnesota Statutes 1998, section 153A.13, is 41.13 amended by adding a subdivision to read: 41.14 Subd. 11. [INDIRECT SUPERVISION OR INDIRECTLY 41.15 SUPERVISED.] "Indirect supervision" or "indirectly supervised" 41.16 means the remote and independent performance of hearing 41.17 instrument dispensing by a trainee when authorized under section 41.18 153A.14, subdivision 4a, paragraph (b). 41.19 Sec. 39. Minnesota Statutes 1998, section 153A.14, 41.20 subdivision 1, is amended to read: 41.21 Subdivision 1. [APPLICATION FOR CERTIFICATE.] An applicant 41.22 must: 41.23 (1) be1821 years of age or older; 41.24 (2) apply to the commissioner for a certificate to dispense 41.25 hearing instruments on application forms provided by the 41.26 commissioner; 41.27 (3) at a minimum, provide the applicant's name, social 41.28 security number, business address and phone number, employer, 41.29 and information about the applicant's education, training, and 41.30 experience in testing human hearing and fitting hearing 41.31 instruments; 41.32 (4) include with the application a statement that the 41.33 statements in the application are true and correct to the best 41.34 of the applicant's knowledge and belief; 41.35 (5) include with the application a written and signed 41.36 authorization that authorizes the commissioner to make inquiries 42.1 to appropriate regulatory agencies in this or any other state 42.2 where the applicant has sold hearing instruments; 42.3 (6) submit certification to the commissioner that the 42.4 applicant's audiometric equipment has been calibrated to meet 42.5 current ANSI standards within 12 months of the date of the 42.6 application; 42.7 (7) submit evidence of continuing education credits, if 42.8 required; and 42.9 (8) submit all fees as required under section 153A.17. 42.10 Sec. 40. Minnesota Statutes 1998, section 153A.14, 42.11 subdivision 2a, is amended to read: 42.12 Subd. 2a. [EXEMPTION FROM WRITTEN EXAMINATION 42.13 REQUIREMENT.] Persons completing the audiology registration 42.14 requirements of section 148.515 after January 1, 1996, are 42.15 exempt from the written examination requirements of subdivision 42.16 2h, paragraph (a), clause (1). Minnesota registration or 42.17 American Speech-Language-Hearing Association certification as an 42.18 audiologist is not required but may be submitted as evidence 42.19 qualifying for exemption from the written examination if the 42.20 requirements are completed after January 1, 1996. Persons 42.21 qualifying for written examination exemption must fulfill the 42.22 other credentialing requirements under subdivisions 1 and 2 42.23 before a certificate may be issued by the commissioner. 42.24 Sec. 41. Minnesota Statutes 1998, section 153A.14, 42.25 subdivision 2h, is amended to read: 42.26 Subd. 2h. [CERTIFICATION BY EXAMINATION.] An applicant 42.27 must achieve a passing score, as determined by the commissioner, 42.28 on an examination according to paragraphs (a) to (c). 42.29 (a) The examination must include, but is not limited to: 42.30 (1) A written examination approved by the commissioner 42.31 covering the following areas as they pertain to hearing 42.32 instrument selling: 42.33 (i) basic physics of sound; 42.34 (ii) the anatomy and physiology of the ear; 42.35 (iii) the function of hearing instruments; 42.36 (iv) the principles of hearing instrument selection; and 43.1 (v) state and federal laws, rules, and regulations. 43.2 (2) Practical tests of proficiency in the following 43.3 techniques as they pertain to hearing instrument selling: 43.4 (i) pure tone audiometry, including air conduction testing 43.5 and bone conduction testing; 43.6 (ii) live voice or recorded voice speech audiometry 43.7 including speech recognition (discrimination) testing, most 43.8 comfortable loudness level, and uncomfortable loudness 43.9 measurements of tolerance thresholds; 43.10 (iii) masking when indicated; 43.11 (iv) recording and evaluation of audiograms and speech 43.12 audiometry to determine proper selection and fitting of a 43.13 hearing instrument; 43.14 (v) taking ear mold impressions; and 43.15 (vi) using an otoscope for the visual observation of the 43.16 entire ear canal. 43.17 (b) The examination shall be administered by the 43.18 commissioner at least twice a year. 43.19 (c) An applicant must achieve a passing score on all 43.20 portions of the examination within a two-year period. An 43.21 applicant who does not achieve a passing score on all portions 43.22 of the examination within a two-year period must retake the 43.23 entire examination and achieve a passing score on each portion 43.24 of the examination. An applicant who does not apply for 43.25 certification within one year of successful completion of the 43.26 examination must retake the examination and achieve a passing 43.27 score on each portion of the examination. An applicant may not 43.28 take any part of the examination more than three times in a 43.29 two-year period. 43.30 Sec. 42. Minnesota Statutes 1998, section 153A.14, 43.31 subdivision 4, is amended to read: 43.32 Subd. 4. [DISPENSING OF HEARING INSTRUMENTS WITHOUT 43.33 CERTIFICATE.] Except as provided insubdivisionsubdivisions 4a 43.34 and 4c, it is unlawful for any person not holding a valid 43.35 certificate to dispense a hearing instrument as defined in 43.36 section 153A.13, subdivision 3. A person who dispenses a 44.1 hearing instrument without the certificate required by this 44.2 section is guilty of a gross misdemeanor. 44.3 Sec. 43. Minnesota Statutes 1998, section 153A.14, 44.4 subdivision 4a, is amended to read: 44.5 Subd. 4a. [TRAINEES.] (a) A person who is not certified 44.6 under this section may dispense hearing instruments as a trainee 44.7 for a period not to exceed 12 months if the person: 44.8 (1) submits an application on forms provided by the 44.9 commissioner; 44.10 (2) is under the supervision of a certified dispenser 44.11 meeting the requirements of this subdivision; and 44.12 (3) meets all requirements for certification except passage 44.13 of the examination required by this section. 44.14 (b) A certified hearing instrument dispenser may not 44.15 supervise more than two trainees at the same time and may not 44.16 directly supervise more than one trainee at a time. The 44.17 certified dispenser is responsible for all actions or omissions 44.18 of a trainee in connection with the dispensing of hearing 44.19 instruments. A certified dispenser may not supervise a trainee 44.20 if there are any commissioner, court, or other orders, currently 44.21 in effect or issued within the last five years, that were issued 44.22 with respect to an action or omission of a certified dispenser 44.23 or a trainee under the certified dispenser's supervision. 44.24TraineesUntil taking and passing the practical examination 44.25 testing the techniques described in subdivision 2h, paragraph 44.26 (a), clause (2), trainees must be directly supervised in all 44.27 areas described in subdivision 4b, and the activities tested by 44.28 the practical examination.Two hundred hours of on-site44.29observations must be completed within the trainee period with a44.30minimum of 100 hours involving the supervisor, trainee, and a44.31consumer. In additionThereafter, trainees may dispense hearing 44.32 instruments under indirect supervision until expiration of the 44.33 trainee period. Under indirect supervision, the trainee must 44.34 complete two monitored activities a week. Monitored activities 44.35 may be executed by correspondence, telephone, or other 44.36 telephonic devices, and include, but are not limited to, 45.1 evaluation of audiograms, written reports, and contracts. The 45.2 time spent in supervision must be recorded and the record 45.3 retained by the supervisor. 45.4 Sec. 44. Minnesota Statutes 1998, section 153A.14, is 45.5 amended by adding a subdivision to read: 45.6 Subd. 4c. [RECIPROCITY.] (a) A person applying for 45.7 certification as a hearing instrument dispenser under 45.8 subdivision 1 and who has dispensed hearing instruments in 45.9 another jurisdiction may dispense hearing instruments as a 45.10 trainee under indirect supervision if the person: 45.11 (1) satisfies provisions of subdivision 4a, paragraph (a); 45.12 (2) submits a signed and dated affidavit stating that the 45.13 applicant is not the subject of a disciplinary action or past 45.14 disciplinary action in this or another jurisdiction and is not 45.15 disqualified on the basis of section 153A.15, subdivision 1; and 45.16 (3) provides a copy of a current credential as a hearing 45.17 instrument dispenser, an audiologist, or both, held in the 45.18 District of Columbia or a state or territory of the United 45.19 States. 45.20 (b) A person becoming a trainee under this subdivision who 45.21 fails to take and pass the practical examination described in 45.22 subdivision 2h, paragraph (a), clause (2), when next offered 45.23 must cease dispensing hearing instruments unless under direct 45.24 supervision. 45.25 Sec. 45. Minnesota Statutes 1998, section 153A.14, is 45.26 amended by adding a subdivision to read: 45.27 Subd. 4d. [EXPIRATION OF TRAINEE PERIOD.] The trainee 45.28 period automatically expires two months following notice of 45.29 passing all examination requirements of subdivision 2h. 45.30 Sec. 46. Minnesota Statutes 1998, section 153A.15, 45.31 subdivision 1, is amended to read: 45.32 Subdivision 1. [PROHIBITED ACTS.] The commissioner may 45.33 take enforcement action as provided under subdivision 2 against 45.34 a dispenser of hearing instruments for the following acts and 45.35 conduct: 45.36 (1) prescribing or otherwise recommending to a consumer or 46.1 potential consumer the use of a hearing instrument, unless the 46.2 prescription from a physician or recommendation from a hearing 46.3 instrument dispenser or audiologist is in writing, is based on 46.4 an audiogram that is delivered to the consumer or potential 46.5 consumer when the prescription or recommendation is made, and 46.6 bears the following information in all capital letters of 46.7 12-point or larger boldface type: "THIS PRESCRIPTION OR 46.8 RECOMMENDATION MAY BE FILLED BY, AND HEARING INSTRUMENTS MAY BE 46.9 PURCHASED FROM, THE CERTIFIED DISPENSER OF YOUR CHOICE"; 46.10 (2) failing to give a copy of the audiogram, upon which the 46.11 prescription or recommendation is based, to the consumer when 46.12 there has been a charge for the audiogram and the consumer 46.13 requests a copy; 46.14 (3) dispensing a hearing instrument to a minor person 18 46.15 years or younger unless evaluated by an audiologist for purposes 46.16 of hearing evaluation and hearing aid evaluation; 46.17 (4) failing to provide the consumer rights brochure 46.18 required by section 153A.14, subdivision 9; 46.19(4)(5) being disciplined through a revocation, suspension, 46.20 restriction, or limitation by another state for conduct subject 46.21 to action under this chapter; 46.22(5)(6) presenting advertising that is false or misleading; 46.23(6)(7) providing the commissioner with false or misleading 46.24 statements of credentials, training, or experience; 46.25(7)(8) engaging in conduct likely to deceive, defraud, or 46.26 harm the public; or demonstrating a willful or careless 46.27 disregard for the health, welfare, or safety of a consumer; 46.28(8)(9) splitting fees or promising to pay a portion of a 46.29 fee to any other professional other than a fee for services 46.30 rendered by the other professional to the client; 46.31(9)(10) engaging in abusive or fraudulent billing 46.32 practices, including violations of federal Medicare and Medicaid 46.33 laws, Food and Drug Administration regulations, or state medical 46.34 assistance laws; 46.35(10)(11) obtaining money, property, or services from a 46.36 consumer through the use of undue influence, high pressure sales 47.1 tactics, harassment, duress, deception, or fraud; 47.2(11)(12) failing to comply with restrictions on sales of 47.3 hearing aids in sections 153A.14, subdivision 9, and 153A.19; 47.4(12)(13) performing the services of a certified hearing 47.5 instrument dispenser in an incompetent or negligent manner; 47.6(13)(14) failing to comply with the requirements of this 47.7 chapter as an employer, supervisor, or trainee; 47.8(14)(15) failing to provide information in a timely manner 47.9 in response to a request by the commissioner, commissioner's 47.10 designee, or the advisory council; 47.11(15)(16) being convicted within the past five years of 47.12 violating any laws of the United States, or any state or 47.13 territory of the United States, and the violation is a felony, 47.14 gross misdemeanor, or misdemeanor, an essential element of which 47.15 relates to hearing instrument dispensing, except as provided in 47.16 chapter 364; 47.17(16)(17) failing to cooperate with the commissioner, the 47.18 commissioner's designee, or the advisory council in any 47.19 investigation; 47.20(17)(18) failing to perform hearing instrument dispensing 47.21 with reasonable judgment, skill, or safety due to the use of 47.22 alcohol or drugs, or other physical or mental impairment; 47.23(18)(19) failing to fully disclose actions taken against 47.24 the applicant or the applicant's legal authorization to dispense 47.25 hearing instruments in this or another state; 47.26(19)(20) violating a state or federal court order or 47.27 judgment, including a conciliation court judgment, relating to 47.28 the activities of the applicant in hearing instrument 47.29 dispensing; 47.30(20)(21) having been or being disciplined by the 47.31 commissioner of the department of health, or other authority, in 47.32 this or another jurisdiction, if any of the grounds for the 47.33 discipline are the same or substantially equivalent to those in 47.34 sections 153A.13 to 153A.19; 47.35(21)(22) misrepresenting the purpose of hearing tests, or 47.36 in any way communicating that the hearing test or hearing test 48.1 protocol required by section 153A.14, subdivision 4b, is a 48.2 medical evaluation, a diagnostic hearing evaluation conducted by 48.3 an audiologist, or is other than a test to select a hearing 48.4 instrument, except that the hearing instrument dispenser can 48.5 determine the need for or recommend the consumer obtain a 48.6 medical evaluation consistent with requirements of the United 48.7 States Food and Drug Administration; 48.8(22)(23) violating any of the provisions of sections 48.9 153A.13 to 153A.19; and 48.10(23)(24) aiding or abetting another person in violating 48.11 any of the provisions of sections 153A.13 to 153A.19. 48.12 Sec. 47. [REPEALER.] 48.13 Minnesota Statutes 1998, sections 145.882, subdivisions 3 48.14 and 4; and 148C.04, subdivision 5, are repealed.