SF 2447

2nd Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to health professions; modifying provisions 
  1.3             relating to speech-language pathologists, unlicensed 
  1.4             mental health practitioners, alcohol and drug 
  1.5             counselors, physical therapists, and hearing 
  1.6             instrument dispensers; authorizing exempt rulemaking; 
  1.7             amending Minnesota Statutes 1996, sections 144.335, 
  1.8             subdivision 1; 148.515, subdivision 3; 148.518, 
  1.9             subdivision 2; 148.5191, subdivisions 1, 3, and 4; 
  1.10            148.5194; 148.5195, subdivision 3; 148.76, subdivision 
  1.11            2; 148B.66, subdivision 2; 148B.69, subdivision 2, and 
  1.12            by adding a subdivision; 148C.04, subdivision 3; 
  1.13            148C.05, subdivision 2; 148C.06; 153A.13, subdivision 
  1.14            5; 153A.14, subdivisions 2a, 2b, 2d, 2f, 2h, 9, and 
  1.15            10; 153A.15, subdivision 1, and by adding a 
  1.16            subdivision; and 153A.20, subdivision 3; Minnesota 
  1.17            Statutes 1997 Supplement, sections 148C.03, 
  1.18            subdivision 1; and 148C.11, subdivision 3; proposing 
  1.19            coding for new law in Minnesota Statutes, chapter 148; 
  1.20            repealing Minnesota Statutes 1996, section 153A.14, 
  1.21            subdivision 7. 
  1.22  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.23     Section 1.  Minnesota Statutes 1996, section 144.335, 
  1.24  subdivision 1, is amended to read: 
  1.25     Subdivision 1.  [DEFINITIONS.] For the purposes of this 
  1.26  section, the following terms have the meanings given them: 
  1.27     (a) "Patient" means a natural person who has received 
  1.28  health care services from a provider for treatment or 
  1.29  examination of a medical, psychiatric, or mental condition, the 
  1.30  surviving spouse and parents of a deceased patient, or a person 
  1.31  the patient designates in writing as a representative.  Except 
  1.32  for minors who have received health care services pursuant to 
  1.33  sections 144.341 to 144.347, in the case of a minor, patient 
  2.1   includes a parent or guardian, or a person acting as a parent or 
  2.2   guardian in the absence of a parent or guardian. 
  2.3      (b) "Provider" means (1) any person who furnishes health 
  2.4   care services and is licensed regulated to furnish the services 
  2.5   pursuant to chapter 147, 147A, 147B, 147C, 148, 148B, 148C, 
  2.6   150A, 151, or 153, or 153A, or Minnesota Rules, chapter 4666; 
  2.7   (2) a home care provider licensed under section 144A.46; (3) a 
  2.8   health care facility licensed pursuant to this chapter or 
  2.9   chapter 144A; (4) a physician assistant registered under chapter 
  2.10  147A; and (5) an unlicensed mental health practitioner regulated 
  2.11  pursuant to sections 148B.60 to 148B.71. 
  2.12     (c) "Individually identifiable form" means a form in which 
  2.13  the patient is or can be identified as the subject of the health 
  2.14  records. 
  2.15     Sec. 2.  Minnesota Statutes 1996, section 148.515, 
  2.16  subdivision 3, is amended to read: 
  2.17     Subd. 3.  [SUPERVISED CLINICAL TRAINING REQUIRED.] (a) An 
  2.18  applicant must complete at least 375 hours of supervised 
  2.19  clinical training as a student that meets the requirements of 
  2.20  paragraphs (b) to (f).  
  2.21     (b) The supervised clinical training must be provided by 
  2.22  the educational institution or by one of its cooperating 
  2.23  programs.  
  2.24     (c) The first 25 hours of the supervised clinical training 
  2.25  must be spent in clinical observation.  Those 25 hours must 
  2.26  concern the evaluation and treatment of children and adults with 
  2.27  disorders of speech, language, or hearing.  
  2.28     (d) All applicants must complete at least 350 hours of 
  2.29  supervised clinical training that concern the evaluation and 
  2.30  treatment of children and adults with disorders of speech, 
  2.31  language, and hearing.  At least 250 of the 350 hours must be at 
  2.32  the graduate level in the area in which registration is sought.  
  2.33  At least 50 hours must be spent in each of three types of 
  2.34  clinical settings including, but not limited to, university 
  2.35  clinics, hospitals, private clinics, and schools, including 
  2.36  secondary and elementary.  
  3.1      (e) An applicant seeking registration as a speech-language 
  3.2   pathologist must: 
  3.3      (1) obtain 250 of the 350 supervised hours in 
  3.4   speech-language pathology; 
  3.5      (2) complete a minimum of 20 hours of the 250 hours in each 
  3.6   of the following eight categories: 
  3.7      (i) evaluation:  speech disorders in children; 
  3.8      (ii) evaluation:  speech disorders in adults; 
  3.9      (iii) evaluation:  language disorders in children; 
  3.10     (iv) evaluation:  language disorders in adults; 
  3.11     (v) treatment:  speech disorders in children; 
  3.12     (vi) treatment:  speech disorders in adults; 
  3.13     (vii) treatment:  language disorders in children; and 
  3.14     (viii) treatment:  language disorders in adults; 
  3.15     (3) complete a minimum of 35 hours in audiology including:  
  3.16     (i) 15 hours in the evaluation or screening of individuals 
  3.17  with hearing disorders; and 
  3.18     (ii) 15 hours in habilitation or rehabilitation of 
  3.19  individuals with hearing impairment; and 
  3.20     (4) obtain no more than 20 hours in the major professional 
  3.21  area that are in related disorders.  
  3.22     (f) An applicant seeking registration as an audiologist 
  3.23  must: 
  3.24     (1) obtain 250 of the 350 hours in audiology; 
  3.25     (2) complete a minimum of 40 hours in each of the following 
  3.26  four categories:  
  3.27     (i) evaluation:  hearing in children; 
  3.28     (ii) evaluation:  hearing in adults; 
  3.29     (iii) selection and use:  amplification and assistive 
  3.30  devices for children; and 
  3.31     (iv) selection and use:  amplification and assistive 
  3.32  devices for adults; 
  3.33     (3) complete a minimum of 20 hours in the category of the 
  3.34  treatment of hearing disorders in children and adults; 
  3.35     (4) complete a minimum of 35 hours of the 350 hours in 
  3.36  speech-language pathology unrelated to hearing impairment as 
  4.1   follows:  
  4.2      (i) 15 hours in evaluation or screening; and 
  4.3      (ii) 15 hours in treatment; and 
  4.4      (5) obtain no more than 20 hours in the major professional 
  4.5   area that are in related disorders.  
  4.6      Sec. 3.  [148.5161] [TEMPORARY REGISTRATION.] 
  4.7      Subdivision 1.  [APPLICATION.] The commissioner shall issue 
  4.8   temporary registration as a speech-language pathologist or 
  4.9   audiologist to an applicant who has applied for registration 
  4.10  under section 148.515, who is not the subject of a disciplinary 
  4.11  action or past disciplinary action, and who has not violated a 
  4.12  provision of section 148.5195, subdivision 3.  
  4.13     Subd. 2.  [PROCEDURES.] To be eligible for temporary 
  4.14  registration, an applicant must submit an application form 
  4.15  provided by the commissioner, the fees required by section 
  4.16  148.5194, and evidence of successful completion of the 
  4.17  requirements in section 148.515, subdivisions 2 and 3.  
  4.18     Subd. 3.  [SUPERVISION REQUIRED.] (a) A temporary 
  4.19  registrant must practice under the supervision of an individual 
  4.20  who meets the requirements of section 148.512, subdivision 20.  
  4.21  Supervision must conform to the requirements in paragraphs (b) 
  4.22  to (g). 
  4.23     (b) Supervision must include both on-site observation and 
  4.24  other monitoring activities.  On-site observation must involve 
  4.25  the supervisor, the supervisee, and the client receiving 
  4.26  speech-language pathology or audiology services and must include 
  4.27  direct observation by the supervisor of treatment given by the 
  4.28  supervisee.  Other monitoring activities must involve direct or 
  4.29  indirect evaluative contact by the supervisor of the supervisee, 
  4.30  may be executed by correspondence, and may include, but are not 
  4.31  limited to, conferences with the supervisee, evaluation of 
  4.32  written reports, and evaluations by professional colleagues.  
  4.33  Other monitoring activities do not include the client receiving 
  4.34  speech-language pathology or audiology services. 
  4.35     (c) The temporary registrant must be supervised by an 
  4.36  individual who meets the definition of section 148.512, 
  5.1   subdivision 20, and:  
  5.2      (1) when the temporary registrant is a speech-language 
  5.3   pathologist, is a registered speech-language pathologist, or 
  5.4   holds a current certificate of clinical competence in 
  5.5   speech-language pathology from the American Speech-Language- 
  5.6   Hearing Association; and 
  5.7      (2) when the temporary registrant is an audiologist, is a 
  5.8   registered audiologist, or holds a current certificate of 
  5.9   clinical competence in audiology from the American Speech- 
  5.10  Language-Hearing Association.  
  5.11     (d) Temporary registration shall not be granted until the 
  5.12  applicant has completed the academic coursework and clinical 
  5.13  training in section 148.515, subdivisions 2 and 3.  
  5.14     (e) The temporary registrant must be supervised in no less 
  5.15  than 36 activities, including 18 one-hour on-site observations.  
  5.16  A maximum of six hours may be accrued in one day.  A minimum of 
  5.17  six one-hour on-site observations must be accrued during each 
  5.18  one-third of the experience.  
  5.19     (f) The temporary registrant must complete 18 other 
  5.20  monitored activities and complete at least one monitored 
  5.21  activity each month.  
  5.22     (g) The temporary registrant must provide verification of 
  5.23  supervision on the application form provided by the commissioner.
  5.24     Subd. 4.  [EXPIRATION OF TEMPORARY REGISTRATION.] A 
  5.25  temporary registration issued to a person pursuant to 
  5.26  subdivision 2 expires 18 months after issuance or on the date 
  5.27  the commissioner grants or denies registration, whichever occurs 
  5.28  first.  Upon application, a temporary registration shall be 
  5.29  renewed once to persons who have not met the supervised 
  5.30  postgraduate clinical experience requirement under section 
  5.31  148.515, subdivision 4, within the initial temporary 
  5.32  registration period and meet the requirements of subdivision 1. 
  5.33     Subd. 5.  [TITLE USED.] A temporary registrant shall be 
  5.34  identified by one of the protected titles and a designation 
  5.35  indicating clinical fellowship status. 
  5.36     Sec. 4.  Minnesota Statutes 1996, section 148.518, 
  6.1   subdivision 2, is amended to read: 
  6.2      Subd. 2.  [LAPSE OF MORE THAN THREE YEARS.] For an 
  6.3   applicant whose registered status has lapsed for more than three 
  6.4   years, the applicant must:  
  6.5      (1) apply for registration renewal according to section 
  6.6   148.5191 and fulfill the requirements for registration under 
  6.7   section 148.515, subdivisions 4 and 5. obtain a qualifying score 
  6.8   on the examination described in section 148.515, subdivision 5, 
  6.9   must be obtained within one year of the application date for 
  6.10  registration renewal; or 
  6.11     (2) fulfill the requirements of section 148.517. apply for 
  6.12  renewal according to section 148.5191, provide evidence to the 
  6.13  commissioner that the applicant holds a current and unrestricted 
  6.14  credential for the practice of speech-language pathology or 
  6.15  audiology in another jurisdiction that has requirements 
  6.16  equivalent to or higher than those in effect for Minnesota and 
  6.17  provide evidence of compliance with that jurisdiction's 
  6.18  continuing education requirements.  
  6.19     Sec. 5.  Minnesota Statutes 1996, section 148.5191, 
  6.20  subdivision 1, is amended to read: 
  6.21     Subdivision 1.  [RENEWAL REQUIREMENTS.] To renew 
  6.22  registration, an applicant must:  
  6.23     (1) annually biennially complete a renewal application on a 
  6.24  form provided by the commissioner and submit the annual biennial 
  6.25  renewal fee; 
  6.26     (2) meet the continuing education requirements of section 
  6.27  148.5193 and submit evidence of attending continuing education 
  6.28  courses, as required in section 148.5193, subdivision 6; and 
  6.29     (3) submit additional information if requested by the 
  6.30  commissioner to clarify information presented in the renewal 
  6.31  application.  The information must be submitted within 30 days 
  6.32  after the commissioner's request.  
  6.33     Sec. 6.  Minnesota Statutes 1996, section 148.5191, 
  6.34  subdivision 3, is amended to read: 
  6.35     Subd. 3.  [REGISTRATION RENEWAL NOTICE.] Registration 
  6.36  renewal is on an annual a biennial basis.  At least 30 60 days 
  7.1   before the registration renewal expiration date in subdivision 
  7.2   4, the commissioner shall send out a renewal notice to the 
  7.3   registrant's last known address.  The notice shall include a 
  7.4   renewal application and notice of fees required for renewal.  If 
  7.5   the registrant does not receive the renewal notice, the 
  7.6   registrant is still required to meet the deadline for renewal to 
  7.7   qualify for continuous registered status.  
  7.8      Sec. 7.  Minnesota Statutes 1996, section 148.5191, 
  7.9   subdivision 4, is amended to read: 
  7.10     Subd. 4.  [RENEWAL DEADLINE.] The renewal application and 
  7.11  fee must be postmarked on or before the date registration must 
  7.12  be renewed according to clauses (1) to (5).  Registration must 
  7.13  be renewed according to the following schedule:  
  7.14     (1) for registrants whose last name begins with the letters 
  7.15  A to E, February 1; 
  7.16     (2) for registrants whose last name begins with the letters 
  7.17  F to L, April 1; 
  7.18     (3) for registrants whose last name begins with the letters 
  7.19  M to P, June 1; 
  7.20     (4) for registrants whose last name begins with the letters 
  7.21  Q to U, August 1; and 
  7.22     (5) for registrants whose last name begins with the letters 
  7.23  V to Z, October 1.  Each registration certificate, including a 
  7.24  temporary registration certificate provided under section 
  7.25  148.5161, must state an expiration date.  An application for 
  7.26  registration renewal must be received by the department of 
  7.27  health or postmarked at least 30 days before the expiration 
  7.28  date.  If the postmark is illegible, the application shall be 
  7.29  considered timely if received at least 21 days before the 
  7.30  expiration date.  
  7.31     When the commissioner establishes the renewal schedule for 
  7.32  an applicant, registrant, or temporary registrant, if the period 
  7.33  before the expiration date is less than two years, the fee shall 
  7.34  be prorated. 
  7.35     Sec. 8.  Minnesota Statutes 1996, section 148.5194, is 
  7.36  amended to read: 
  8.1      148.5194 [FEES.] 
  8.2      Subdivision 1.  [FIRST TIME REGISTRANTS AND APPLICANTS FOR 
  8.3   REGISTRATION RENEWAL FEE PRORATION.] The commissioner shall 
  8.4   prorate the registration fee for first time registrants and 
  8.5   applicants for registration renewal according to the number of 
  8.6   months that have elapsed between the date registration is issued 
  8.7   and the date registration must be renewed under section 
  8.8   148.5191, subdivision 4.  
  8.9      Subd. 2.  [ANNUAL BIENNIAL REGISTRATION FEE.] The fee for 
  8.10  initial registration and annual biennial registration, temporary 
  8.11  registration, or renewal is $80 $160.  
  8.12     Subd. 3.  [ANNUAL BIENNIAL REGISTRATION FEE FOR DUAL 
  8.13  REGISTRATION AS A SPEECH-LANGUAGE PATHOLOGIST AND AUDIOLOGIST.] 
  8.14  The fee for initial registration and annual biennial 
  8.15  registration, temporary registration, or renewal is $80 $160.  
  8.16     Subd. 4.  [PENALTY FEE FOR LATE RENEWALS.] The penalty fee 
  8.17  for late submission of a renewal application is $15.  
  8.18     Subd. 5.  [NONREFUNDABLE FEES.] All fees are nonrefundable. 
  8.19     Sec. 9.  Minnesota Statutes 1996, section 148.5195, 
  8.20  subdivision 3, is amended to read: 
  8.21     Subd. 3.  [GROUNDS FOR DISCIPLINARY ACTION BY 
  8.22  COMMISSIONER.] The commissioner may take any of the disciplinary 
  8.23  actions listed in subdivision 4 on proof that the individual has:
  8.24     (1) intentionally submitted false or misleading information 
  8.25  to the commissioner or the advisory council; 
  8.26     (2) failed, within 30 days, to provide information in 
  8.27  response to a written request by the commissioner or advisory 
  8.28  council; 
  8.29     (3) performed services of a speech-language pathologist or 
  8.30  audiologist in an incompetent or negligent manner; 
  8.31     (4) violated sections 148.511 to 148.5196; 
  8.32     (5) failed to perform services with reasonable judgment, 
  8.33  skill, or safety due to the use of alcohol or drugs, or other 
  8.34  physical or mental impairment; 
  8.35     (6) violated any state or federal law, rule, or regulation, 
  8.36  and the violation is a felony or misdemeanor, an essential 
  9.1   element of which is dishonesty, or which relates directly or 
  9.2   indirectly to the practice of speech-language pathology or 
  9.3   audiology.  Conviction for violating any state or federal law 
  9.4   which relates to speech-language pathology or audiology is 
  9.5   necessarily considered to constitute a violation, except as 
  9.6   provided in chapter 364; 
  9.7      (7) aided or abetted another person in violating any 
  9.8   provision of sections 148.511 to 148.5196; 
  9.9      (8) been or is being disciplined by another jurisdiction, 
  9.10  if any of the grounds for the discipline is the same or 
  9.11  substantially equivalent to those under sections 148.511 to 
  9.12  148.5196; 
  9.13     (9) not cooperated with the commissioner or advisory 
  9.14  council in an investigation conducted according to subdivision 
  9.15  1; 
  9.16     (10) advertised in a manner that is false or misleading; 
  9.17     (11) engaged in conduct likely to deceive, defraud, or harm 
  9.18  the public; or demonstrated a willful or careless disregard for 
  9.19  the health, welfare, or safety of a client; 
  9.20     (12) failed to disclose to the consumer any fee splitting 
  9.21  or any promise to pay a portion of a fee to any other 
  9.22  professional other than a fee for services rendered by the other 
  9.23  professional to the client; 
  9.24     (13) engaged in abusive or fraudulent billing practices, 
  9.25  including violations of federal Medicare and Medicaid laws, Food 
  9.26  and Drug Administration regulations, or state medical assistance 
  9.27  laws; 
  9.28     (14) obtained money, property, or services from a consumer 
  9.29  through the use of undue influence, high pressure sales tactics, 
  9.30  harassment, duress, deception, or fraud; 
  9.31     (15) performed services for a client who had no possibility 
  9.32  of benefiting from the services; 
  9.33     (16) failed to refer a client for medical evaluation or to 
  9.34  other health care professionals when appropriate or when a 
  9.35  client indicated symptoms associated with diseases that could be 
  9.36  medically or surgically treated; or 
 10.1      (17) if the individual is a dispenser of hearing 
 10.2   instruments as defined by section 153A.13, subdivision 5, had 
 10.3   the certification required by chapter 153A, denied, suspended, 
 10.4   or revoked according to chapter 153A; or 
 10.5      (18) used the term doctor of audiology, doctor of 
 10.6   speech-language pathology, AuD, or SLPD without having obtained 
 10.7   the degree from an institution accredited by the North Central 
 10.8   Association of Colleges and Secondary Schools or the American 
 10.9   Speech-Language-Hearing Association. 
 10.10     Sec. 10.  Minnesota Statutes 1996, section 148.76, 
 10.11  subdivision 2, is amended to read: 
 10.12     Subd. 2.  No physical therapist shall may: 
 10.13     (a) treat human ailments by physical therapy after an 
 10.14  initial 30-day period of patient admittance to treatment has 
 10.15  lapsed, except by the order or referral of a person licensed in 
 10.16  this state to practice medicine as defined in section 147.081, 
 10.17  the practice of chiropractic as defined in section 148.01, the 
 10.18  practice of podiatry as defined in section 153.01, or the 
 10.19  practice of dentistry as defined in section 150A.05, or the 
 10.20  practice of advanced practice nursing as defined in section 
 10.21  62A.15, subdivision 3a, and whose license is in good standing; 
 10.22  or when a previous diagnosis exists indicating an ongoing 
 10.23  condition warranting physical therapy treatment, subject to 
 10.24  periodic review defined by board of medical practice rule; 
 10.25     (b) treat human ailments by physical therapy treatment 
 10.26  without first having practiced one year under a physician's 
 10.27  orders as verified by the board's records; 
 10.28     (c) utilize any chiropractic manipulative technique whose 
 10.29  end is the chiropractic adjustment of an abnormal articulation 
 10.30  of the body; and 
 10.31     (d) treat human ailments other than by physical therapy 
 10.32  unless duly licensed or registered to do so under the laws of 
 10.33  this state. 
 10.34     Sec. 11.  Minnesota Statutes 1996, section 148B.66, 
 10.35  subdivision 2, is amended to read: 
 10.36     Subd. 2.  [CLASSIFICATION OF DATA.] The commissioner shall 
 11.1   maintain any records, other than client records, obtained as 
 11.2   part of an investigation, as investigative data under section 
 11.3   13.41.  Client records are classified as private under chapter 
 11.4   13 and must be protected as such in the records of the office 
 11.5   and in any administrative or judicial proceeding unless the 
 11.6   client authorizes the office in writing to make public the 
 11.7   identity of the client or a portion or all of the client's 
 11.8   records.  The most recent business addresses and business 
 11.9   telephone numbers of unlicensed mental health practitioners 
 11.10  subject to enforcement actions and final actions, including 
 11.11  stipulation and consent orders, are public data under section 
 11.12  13.41. 
 11.13     Sec. 12.  Minnesota Statutes 1996, section 148B.69, 
 11.14  subdivision 2, is amended to read: 
 11.15     Subd. 2.  [DISCOVERY; SUBPOENAS.] In all matters relating 
 11.16  to the lawful activities of the office of mental health 
 11.17  practice, the commissioner of health may issue subpoenas and 
 11.18  compel the attendance of witnesses and the production of all 
 11.19  necessary papers, books, records, documents, and other 
 11.20  evidentiary material.  Any person failing or refusing to appear 
 11.21  or testify regarding any matter about which the person may be 
 11.22  lawfully questioned or failing to produce any papers, books, 
 11.23  records, documents, or other evidentiary materials in the matter 
 11.24  to be heard, after having been required by order of the 
 11.25  commissioner or by a subpoena of the commissioner to do so may, 
 11.26  upon application to the district court in any district, be 
 11.27  ordered to comply with the order or subpoena.  The commissioner 
 11.28  of health may administer oaths to witnesses or take their 
 11.29  affirmation.  Depositions may be taken within or without the 
 11.30  state in the manner provided by law for the taking of 
 11.31  depositions in civil actions.  A subpoena or other process or 
 11.32  paper may be served upon a person it names anywhere within the 
 11.33  state by any officer authorized to serve subpoenas or other 
 11.34  process or paper in civil actions, in the same manner as 
 11.35  prescribed by law for service of process issued out of the 
 11.36  district court of this state.  The commissioner may, acting 
 12.1   through a person to whom the commissioner has delegated this 
 12.2   authority, review and/or copy arrest and investigative 
 12.3   information from the bureau of criminal apprehension, a county 
 12.4   attorney, a county sheriff, a county agency, a local chief of 
 12.5   police, other states, the courts, or a national criminal record 
 12.6   repository. 
 12.7      Sec. 13.  Minnesota Statutes 1996, section 148B.69, is 
 12.8   amended by adding a subdivision to read:  
 12.9      Subd. 2a.  [HEARINGS.] If the commissioner proposes to take 
 12.10  action against the practitioner as described in subdivision 1, 
 12.11  the commissioner must first notify the person against whom the 
 12.12  action is proposed to be taken and provide the person with an 
 12.13  opportunity to request a hearing under the contested case 
 12.14  provisions of chapter 14.  If the person does not request a 
 12.15  hearing by notifying the commissioner within 30 days after 
 12.16  service of the notice of the proposed action, the commissioner 
 12.17  may proceed with the action without a hearing. 
 12.18     Sec. 14.  Minnesota Statutes 1997 Supplement, section 
 12.19  148C.03, subdivision 1, is amended to read: 
 12.20     Subdivision 1.  [GENERAL.] The commissioner shall, after 
 12.21  consultation with the advisory council or a subcommittee or the 
 12.22  special licensing criteria committee established under section 
 12.23  148C.11, subdivision 3, paragraph (b) by rule: 
 12.24     (a) adopt and enforce rules for licensure of alcohol and 
 12.25  drug counselors, including establishing standards and methods of 
 12.26  determining whether applicants and licensees are qualified under 
 12.27  section 148C.04.  The rules must provide for examinations and 
 12.28  establish standards for the regulation of professional conduct.  
 12.29  The rules must be designed to protect the public; 
 12.30     (b) hold or contract for the administration of examinations 
 12.31  develop and, at least twice a year, administer an examination to 
 12.32  assess applicants' knowledge and skills.  The commissioner may 
 12.33  contract for the administration of an examination approved by 
 12.34  the International Certification Reciprocity Consortium/Alcohol 
 12.35  and Other Drug Abuse (ICRC/AODA).  The examinations must be 
 12.36  written and oral and may be administered by the commissioner or 
 13.1   by a private organization under contract with the commissioner 
 13.2   to administer the licensing examinations.  Examinations, must 
 13.3   minimize cultural bias, and must be balanced in various theories 
 13.4   relative to the practice of alcohol and drug counseling; 
 13.5      (c) issue licenses to individuals qualified under sections 
 13.6   148C.01 to 148C.11; 
 13.7      (d) issue copies of the rules for licensure to all 
 13.8   applicants; 
 13.9      (e) adopt rules to establish and implement procedures, 
 13.10  including a standard disciplinary process and rules of 
 13.11  professional conduct; 
 13.12     (f) carry out disciplinary actions against licensees; 
 13.13     (g) establish, with the advice and recommendations of the 
 13.14  advisory council, written internal operating procedures for 
 13.15  receiving and investigating complaints and for taking 
 13.16  disciplinary actions as appropriate; 
 13.17     (h) educate the public about the existence and content of 
 13.18  the rules for alcohol and drug counselor licensing to enable 
 13.19  consumers to file complaints against licensees who may have 
 13.20  violated the rules; 
 13.21     (i) evaluate the rules in order to refine and improve the 
 13.22  methods used to enforce the commissioner's standards; 
 13.23     (j) set, collect, and adjust license fees for alcohol and 
 13.24  drug counselors so that the total fees collected will as closely 
 13.25  as possible equal anticipated expenditures during the biennium, 
 13.26  as provided in section 16A.1285; fees for initial and renewal 
 13.27  application and examinations; late fees for counselors who 
 13.28  submit license renewal applications after the renewal deadline; 
 13.29  and a surcharge fee.  The surcharge fee must include an amount 
 13.30  necessary to recover, over a five-year period, the 
 13.31  commissioner's direct expenditures for the adoption of the rules 
 13.32  providing for the licensure of alcohol and drug counselors.  All 
 13.33  fees received shall be deposited in the state treasury and 
 13.34  credited to the special revenue fund; and 
 13.35     (k) prepare reports on activities related to the licensure 
 13.36  of alcohol and drug counselors according to this subdivision by 
 14.1   October 1 of each even-numbered year.  Copies of the reports 
 14.2   shall be delivered to the legislature in accordance with section 
 14.3   3.195 and to the governor.  The reports shall contain the 
 14.4   following information on the commissioner's activities relating 
 14.5   to the licensure of alcohol and drug counselors, for the 
 14.6   two-year period ending the previous June 30: 
 14.7      (1) a general statement of the activities; 
 14.8      (2) the number of staff hours spent on the activities; 
 14.9      (3) the receipts and disbursements of funds; 
 14.10     (4) the names of advisory council members and their 
 14.11  addresses, occupations, and dates of appointment and 
 14.12  reappointment; 
 14.13     (5) the names and job classifications of employees; 
 14.14     (6) a brief summary of rules proposed or adopted during the 
 14.15  reporting period with appropriate citations to the State 
 14.16  Register and published rules; 
 14.17     (7) the number of persons having each type of license 
 14.18  issued by the commissioner as of June 30 in the year of the 
 14.19  report; 
 14.20     (8) the locations and dates of the administration of 
 14.21  examinations by the commissioner; 
 14.22     (9) the number of persons examined by the commissioner with 
 14.23  the persons subdivided into groups showing age categories, sex, 
 14.24  and states of residency; 
 14.25     (10) the number of persons licensed by the commissioner 
 14.26  after taking the examinations referred to in clause (8) with the 
 14.27  persons subdivided by age categories, sex, and states of 
 14.28  residency; 
 14.29     (11) the number of persons not licensed by the commissioner 
 14.30  after taking the examinations referred to in clause (8) with the 
 14.31  persons subdivided by age categories, sex, and states of 
 14.32  residency; 
 14.33     (12) the number of persons not taking the examinations 
 14.34  referred to in clause (8) who were licensed by the commissioner 
 14.35  or who were denied licensing, the reasons for the licensing or 
 14.36  denial, and the persons subdivided by age categories, sex, and 
 15.1   states of residency; 
 15.2      (13) the number of persons previously licensed by the 
 15.3   commissioner whose licenses were revoked, suspended, or 
 15.4   otherwise altered in status with brief statements of the reasons 
 15.5   for the revocation, suspension, or alteration; 
 15.6      (14) the number of written and oral complaints and other 
 15.7   communications received by the commissioner which allege or 
 15.8   imply a violation of a statute or rule which the commissioner is 
 15.9   empowered to enforce; 
 15.10     (15) a summary, by specific category, of the substance of 
 15.11  the complaints and communications referred to in clause (14) 
 15.12  and, for each specific category, the responses or dispositions; 
 15.13  and 
 15.14     (16) any other objective information which the commissioner 
 15.15  believes will be useful in reviewing the commissioner's 
 15.16  activities. 
 15.17     Sec. 15.  Minnesota Statutes 1996, section 148C.04, 
 15.18  subdivision 3, is amended to read: 
 15.19     Subd. 3.  [LICENSING REQUIREMENTS FOR THE FIRST FIVE 
 15.20  YEARS.] For five years after the effective date of the rules 
 15.21  authorized in section 148C.03, the applicant, unless qualified 
 15.22  under section 148C.06 during the two-year period authorized 
 15.23  therein, under section 148C.07, or under subdivision 4, must 
 15.24  furnish evidence satisfactory to the commissioner that the 
 15.25  applicant has met all the requirements in clauses (1) to (3).  
 15.26  The applicant must have: 
 15.27     (1) received an associate degree, or an equivalent number 
 15.28  of credit hours, and a certificate in alcohol and drug 
 15.29  counseling including 270 clock hours of alcohol and drug 
 15.30  counseling classroom education from an accredited school or 
 15.31  educational program and 880 clock hours of alcohol and drug 
 15.32  counseling practicum; 
 15.33     (2) completed a written case presentation and 
 15.34  satisfactorily passed an oral examination that demonstrates 
 15.35  competence in the core functions; and 
 15.36     (3) satisfactorily passed a written examination as 
 16.1   established by the commissioner.  
 16.2      Sec. 16.  Minnesota Statutes 1996, section 148C.05, 
 16.3   subdivision 2, is amended to read: 
 16.4      Subd. 2.  [CONTINUING EDUCATION.] At the time of renewal, 
 16.5   if required, each licensee shall furnish evidence satisfactory 
 16.6   to the commissioner that the licensee has completed at least the 
 16.7   equivalent of 40 clock hours of continuing professional 
 16.8   postdegree education during the past two years, in programs 
 16.9   approved by the commissioner, after consultation with the 
 16.10  education committee, and that the licensee continues to be 
 16.11  qualified to practice under sections 148C.01 to 148C.11 which 
 16.12  meet the requirements in the rules authorized by this chapter.  
 16.13  The commissioner shall seek advice from the advisory council and 
 16.14  the committees established by the rules in determining whether a 
 16.15  continuing education program meets the requirements.  
 16.16     Sec. 17.  Minnesota Statutes 1996, section 148C.06, is 
 16.17  amended to read: 
 16.18     148C.06 [TRANSITION PERIOD.] 
 16.19     For two years from the effective date of the rules 
 16.20  authorized in section 148C.03, subdivision 1, the commissioner 
 16.21  shall issue a license to an applicant if the applicant meets one 
 16.22  of the following qualifications:  
 16.23     (a) is credentialed as a certified chemical dependency 
 16.24  counselor (CCDC) or certified chemical dependency counselor 
 16.25  reciprocal (CCDCR) by the Institute for Chemical Dependency 
 16.26  Professionals of Minnesota, Inc.; 
 16.27     (b) has 6,000 hours of supervised alcohol and drug 
 16.28  counselor experience as defined by the core functions, 270 clock 
 16.29  hours of alcohol and drug counselor training with a minimum of 
 16.30  60 hours of this training occurring within the past five years, 
 16.31  300 hours of alcohol and drug counselor internship, and has 
 16.32  successfully completed the examination requirements in section 
 16.33  148C.04, subdivision 3, paragraph (a), clauses (2) and (3); 
 16.34     (c) has 10,000 hours of supervised alcohol and drug 
 16.35  counselor experience as defined by the core functions, 270 clock 
 16.36  hours of alcohol and drug training with a minimum of 60 hours of 
 17.1   this training occurring within the past five years, and has 
 17.2   successfully completed the requirements in section 148C.04, 
 17.3   subdivision 3, paragraph (a), clause (2) or (3), or is 
 17.4   credentialed as a certified chemical dependency practitioner 
 17.5   (CCDP) by the Institute for Chemical Dependency Professionals of 
 17.6   Minnesota, Inc.; 
 17.7      (d) has 14,000 hours of supervised alcohol and drug 
 17.8   counselor experience as defined by the core functions and 270 
 17.9   clock hours of alcohol and drug training with a minimum of 60 
 17.10  hours of this training occurring within the past five years; or 
 17.11     (e) has met the special licensing criteria established 
 17.12  pursuant to section 148C.11.  
 17.13     Sec. 18.  Minnesota Statutes 1997 Supplement, section 
 17.14  148C.11, subdivision 3, is amended to read: 
 17.15     Subd. 3.  [FEDERALLY RECOGNIZED TRIBES; ETHNIC MINORITIES.] 
 17.16  (a) Alcohol and drug counselors licensed to practice alcohol and 
 17.17  drug counseling according to standards established by federally 
 17.18  recognized tribes, while practicing under tribal jurisdiction, 
 17.19  are exempt from the requirements of this chapter.  In practicing 
 17.20  alcohol and drug counseling under tribal jurisdiction, 
 17.21  individuals licensed under that authority shall be afforded the 
 17.22  same rights, responsibilities, and recognition as persons 
 17.23  licensed pursuant to this chapter. 
 17.24     (b) The commissioner shall develop special licensing 
 17.25  criteria for issuance of a license to alcohol and drug 
 17.26  counselors who:  (1) are members of ethnic minority groups 
 17.27  practice alcohol and drug counseling with a member of an ethnic 
 17.28  minority population or with a person with a disability as 
 17.29  defined by rule; or (2) are employed by private, nonprofit 
 17.30  agencies, including agencies operated by private, nonprofit 
 17.31  hospitals, whose primary agency service focus addresses ethnic 
 17.32  minority populations or persons with a disability as defined by 
 17.33  rule.  These licensing criteria may differ from the licensing 
 17.34  criteria specified in section 148C.04.  To develop, implement, 
 17.35  and evaluate the effect of these criteria, the commissioner 
 17.36  shall establish a committee comprised of, but not limited to, 
 18.1   representatives from the council on hearing impaired, Minnesota 
 18.2   commission serving deaf and hard-of-hearing people, the council 
 18.3   on affairs of Chicano/Latino people, the council on 
 18.4   Asian-Pacific Minnesotans, the council on Black Minnesotans, the 
 18.5   council on disability, and the Indian affairs council. 
 18.6      Sec. 19.  Minnesota Statutes 1996, section 153A.13, 
 18.7   subdivision 5, is amended to read: 
 18.8      Subd. 5.  [DISPENSER OF HEARING INSTRUMENTS.] "Dispenser of 
 18.9   hearing instruments" means a natural person who engages in 
 18.10  hearing instrument dispensing whether or not certified by the 
 18.11  commissioner of health or licensed by an existing health-related 
 18.12  board, except that any a person described as follows is not a 
 18.13  dispenser of hearing instruments:  
 18.14     (1) a student participating in supervised field work that 
 18.15  is necessary to meet requirements of an accredited educational 
 18.16  program if the student is designated by a title which clearly 
 18.17  indicates the student's status as a student trainee; or 
 18.18     (2) a person who helps a dispenser of hearing instruments 
 18.19  in an administrative or clerical manner and does not engage in 
 18.20  hearing instrument dispensing is not a dispenser of hearing 
 18.21  instruments.  
 18.22     A person who offers to dispense a hearing instrument, or a 
 18.23  person who advertises, holds out to the public, or otherwise 
 18.24  represents that the person is authorized to dispense hearing 
 18.25  instruments must be certified by the commissioner. 
 18.26     Sec. 20.  Minnesota Statutes 1996, section 153A.14, 
 18.27  subdivision 2a, is amended to read: 
 18.28     Subd. 2a.  [EXEMPTION FROM EXAMINATION REQUIREMENT.] 
 18.29  Persons completing the audiology registration requirements of 
 18.30  Minnesota Rules, part 4750.0060, section 148.515 after January 
 18.31  1, 1996, are exempt from the examination requirements of 
 18.32  subdivision 2 2h.  Minnesota registration or American 
 18.33  Speech-Language-Hearing Association certification as an 
 18.34  audiologist are is not required but may be submitted as evidence 
 18.35  qualifying for exemption from the examination if the 
 18.36  requirements are completed after January 1, 1996.  Persons 
 19.1   qualifying for examination exemption must fulfill the other 
 19.2   credentialing requirements under subdivisions 1 and 2 before a 
 19.3   certificate may be issued by the commissioner. 
 19.4      Sec. 21.  Minnesota Statutes 1996, section 153A.14, 
 19.5   subdivision 2b, is amended to read: 
 19.6      Subd. 2b.  [ACTION ON APPLICATIONS FOR CERTIFICATION.] The 
 19.7   commissioner shall act on an application applications for 
 19.8   certification, and applications for renewal of certification, 
 19.9   according to paragraphs (a) to (c). 
 19.10     (a) The commissioner shall determine if the applicant meets 
 19.11  the requirements for certification.  The commissioner or 
 19.12  advisory council may investigate information provided by an 
 19.13  applicant to determine whether the information is accurate and 
 19.14  complete. 
 19.15     (b) The commissioner shall notify each applicant of action 
 19.16  taken on the application and of the grounds for denying 
 19.17  certification if certification is denied. 
 19.18     (c) Applicants denied certification for failure to meet the 
 19.19  requirements may make a written request to the commissioner 
 19.20  within 30 days of the commissioner's determination to appear 
 19.21  before the advisory council and for the advisory council to 
 19.22  review the commissioner's decision to deny the applicant's 
 19.23  certification.  After reviewing the denial, the advisory council 
 19.24  shall make a recommendation to the commissioner as to whether 
 19.25  the denial should be affirmed.  The commissioner shall comply 
 19.26  with contested case procedures in chapter 14 when suspending, 
 19.27  revoking, or refusing to issue or renew a certificate under this 
 19.28  section. 
 19.29     Sec. 22.  Minnesota Statutes 1996, section 153A.14, 
 19.30  subdivision 2d, is amended to read: 
 19.31     Subd. 2d.  [CERTIFICATION RENEWAL NOTICE.] Certification 
 19.32  must be renewed annually.  At least 30 days before the deadline 
 19.33  for application to renew certification, The commissioner shall 
 19.34  mail a renewal notice to the dispenser's last known address by 
 19.35  September 1 of each year.  The notice must include a renewal 
 19.36  application and notice of fees required for renewal.  A 
 20.1   dispenser is not relieved from meeting the applicable deadline 
 20.2   for renewal deadline on the basis that the dispenser did not 
 20.3   receive the renewal notice.  In renewing a certificate, a 
 20.4   dispenser shall follow the procedures for applying for a 
 20.5   certificate specified in subdivision 1. 
 20.6      Sec. 23.  Minnesota Statutes 1996, section 153A.14, 
 20.7   subdivision 2f, is amended to read: 
 20.8      Subd. 2f.  [LATE RENEWALS.] The deadline for application to 
 20.9   renew certification is October 1 of each year.  An 
 20.10  application submitted after October 1 and before November 1 for 
 20.11  certification renewal must be received by the department of 
 20.12  health or postmarked by October 1.  An application not received 
 20.13  or postmarked by October 1 shall be a late renewal and must be 
 20.14  accompanied by a late fee as required in section 153A.17.  If 
 20.15  the postmark is illegible, the application shall be considered 
 20.16  timely if received by October 7.  
 20.17     Sec. 24.  Minnesota Statutes 1996, section 153A.14, 
 20.18  subdivision 2h, is amended to read: 
 20.19     Subd. 2h.  [CERTIFICATION BY EXAMINATION.] An applicant 
 20.20  must achieve a passing score, as determined by the commissioner, 
 20.21  on an examination according to paragraphs (a) and (b) to (c). 
 20.22     (a) The examination must include, but is not limited to: 
 20.23     (1) A written examination approved by the commissioner 
 20.24  covering the following areas as they pertain to hearing 
 20.25  instrument selling: 
 20.26     (i) basic physics of sound; 
 20.27     (ii) the anatomy and physiology of the ear; 
 20.28     (iii) the function of hearing instruments; 
 20.29     (iv) the principles of hearing instrument selection; and 
 20.30     (v) state and federal laws, rules, and regulations. 
 20.31     (2) Practical tests of proficiency in the following 
 20.32  techniques as they pertain to hearing instrument selling: 
 20.33     (i) pure tone audiometry, including air conduction testing 
 20.34  and bone conduction testing; 
 20.35     (ii) live voice or recorded voice speech audiometry 
 20.36  including speech recognition (discrimination) testing, most 
 21.1   comfortable loudness level, and uncomfortable loudness 
 21.2   measurements of tolerance thresholds; 
 21.3      (iii) masking when indicated; 
 21.4      (iv) recording and evaluation of audiograms and speech 
 21.5   audiometry to determine proper selection and fitting of a 
 21.6   hearing instrument; 
 21.7      (v) taking ear mold impressions; and 
 21.8      (vi) using an otoscope for the visual observation of the 
 21.9   entire ear canal. 
 21.10     (b) The examination shall be administered by the 
 21.11  commissioner at least twice a year. 
 21.12     (c) An applicant must achieve a passing score on all 
 21.13  portions of the examination within a two-year period.  An 
 21.14  applicant who does not achieve a passing score on all portions 
 21.15  of the examination within a two-year period must retake the 
 21.16  entire examination and achieve a passing score on each portion 
 21.17  of the examination.  An applicant who does not apply for 
 21.18  certification within one year of successful completion of the 
 21.19  examination, must retake the examination and achieve a passing 
 21.20  score on each portion of the examination. 
 21.21     Sec. 25.  Minnesota Statutes 1996, section 153A.14, 
 21.22  subdivision 9, is amended to read: 
 21.23     Subd. 9.  [CONSUMER RIGHTS INFORMATION.] A hearing 
 21.24  instrument dispenser shall, at the time of the recommendation or 
 21.25  prescription, give a consumer rights brochure, prepared by the 
 21.26  commissioner and containing information about legal requirements 
 21.27  pertaining to sales of hearing instruments, to each potential 
 21.28  buyer of a hearing instrument.  A sales contract for a hearing 
 21.29  instrument must note the receipt of the brochure by the buyer, 
 21.30  along with the buyer's signature or initials. 
 21.31     Sec. 26.  Minnesota Statutes 1996, section 153A.14, 
 21.32  subdivision 10, is amended to read: 
 21.33     Subd. 10.  [LIABILITY FOR CONTRACTS.] Owners of entities in 
 21.34  the business of dispensing hearing instruments, employers of 
 21.35  persons who dispense hearing instruments, and supervisors of 
 21.36  trainees, and hearing instrument dispensers conducting the sales 
 22.1   transaction at issue are liable for satisfying all terms of 
 22.2   contracts, written or oral, made by their agents, employees, 
 22.3   assignees, affiliates, or trainees, including terms relating to 
 22.4   products, repairs, warranties, service, and refunds.  The 
 22.5   commissioner may enforce the terms of hearing instrument sales 
 22.6   contracts against the principal, employer, or supervisor of an 
 22.7   agent, employee, or trainee, or dispenser who conducted the sale 
 22.8   and may impose any remedy provided for in this chapter. 
 22.9      Sec. 27.  Minnesota Statutes 1996, section 153A.15, 
 22.10  subdivision 1, is amended to read: 
 22.11     Subdivision 1.  [PROHIBITED ACTS.] The commissioner may 
 22.12  reject an application for a certificate or may act under 
 22.13  subdivision 2 against a dispenser of hearing instruments for 
 22.14  failure to comply with this chapter.  Failure to apply to the 
 22.15  commissioner for a certificate, or supplying false or misleading 
 22.16  information on the application for a certificate, is a ground 
 22.17  for action under subdivision 2.  The following acts and conduct 
 22.18  are also grounds for action under subdivision 2: The 
 22.19  commissioner may take enforcement action as provided under 
 22.20  subdivision 2 against a dispenser of hearing instruments for the 
 22.21  following acts and conduct: 
 22.22     (1) prescribing or otherwise recommending to a consumer or 
 22.23  potential consumer the use of a hearing instrument, unless the 
 22.24  prescription from a physician or recommendation from a hearing 
 22.25  instrument dispenser or audiologist is in writing, is based on 
 22.26  an audiogram that is delivered to the consumer or potential 
 22.27  consumer when the prescription or recommendation is made, and 
 22.28  bears the following information in all capital letters of 
 22.29  12-point or larger boldface type:  "THIS PRESCRIPTION OR 
 22.30  RECOMMENDATION MAY BE FILLED BY, AND HEARING INSTRUMENTS MAY BE 
 22.31  PURCHASED FROM, THE CERTIFIED DISPENSER OF YOUR CHOICE"; 
 22.32     (2) failing to give a copy of the audiogram, upon which the 
 22.33  prescription or recommendation is based, to the consumer when 
 22.34  there has been a charge for the audiogram and the consumer 
 22.35  requests a copy; 
 22.36     (3) failing to provide the consumer rights brochure 
 23.1   required by section 153A.14, subdivision 9; 
 23.2      (4) being disciplined through a revocation, suspension, 
 23.3   restriction, or limitation by another state for conduct subject 
 23.4   to action under this chapter; 
 23.5      (5) presenting advertising that is false or misleading; 
 23.6      (6) providing the commissioner with false or misleading 
 23.7   statements of credentials, training, or experience; 
 23.8      (7) engaging in conduct likely to deceive, defraud, or harm 
 23.9   the public; or demonstrating a willful or careless disregard for 
 23.10  the health, welfare, or safety of a consumer; 
 23.11     (8) splitting fees or promising to pay a portion of a fee 
 23.12  to any other professional other than a fee for services rendered 
 23.13  by the other professional to the client; 
 23.14     (9) engaging in abusive or fraudulent billing practices, 
 23.15  including violations of federal Medicare and Medicaid laws, Food 
 23.16  and Drug Administration regulations, or state medical assistance 
 23.17  laws; 
 23.18     (10) obtaining money, property, or services from a consumer 
 23.19  through the use of undue influence, high pressure sales tactics, 
 23.20  harassment, duress, deception, or fraud; 
 23.21     (11) failing to comply with restrictions on sales of 
 23.22  hearing aids in sections 153A.14, subdivision 9, and 153A.19; 
 23.23     (12) performing the services of a certified hearing 
 23.24  instrument dispenser in an incompetent or negligent manner; 
 23.25     (13) failing to comply with the requirements of this 
 23.26  chapter as an employer, supervisor, or trainee; 
 23.27     (14) failing to provide information in a timely manner in 
 23.28  response to a request by the commissioner, commissioner's 
 23.29  designee, or the advisory council; 
 23.30     (15) being convicted within the past five years of 
 23.31  violating any laws of the United States, or any state or 
 23.32  territory of the United States, and the violation is a felony, 
 23.33  gross misdemeanor, or misdemeanor, an essential element of which 
 23.34  relates to hearing instrument dispensing, except as provided in 
 23.35  chapter 364; 
 23.36     (16) failing to cooperate in good faith with the 
 24.1   commissioner, the commissioner's designee, or the advisory 
 24.2   council in any investigation; 
 24.3      (17) failing to perform hearing instrument dispensing with 
 24.4   reasonable judgment, skill, or safety due to the use of alcohol 
 24.5   or drugs, or other physical or mental impairment; 
 24.6      (18) failing to fully disclose actions taken against the 
 24.7   applicant or the applicant's legal authorization to dispense 
 24.8   hearing instruments in this or another state; 
 24.9      (19) violating a state or federal court order or judgment, 
 24.10  including a conciliation court judgment, relating to the 
 24.11  activities of the applicant in hearing instrument dispensing; 
 24.12     (20) having been or being disciplined by the commissioner 
 24.13  of the department of health, or other authority, in this or 
 24.14  another jurisdiction, if any of the grounds for the discipline 
 24.15  are the same or substantially equivalent to those in sections 
 24.16  153A.13 to 153A.19; 
 24.17     (21) misrepresenting the purpose of hearing tests, or in 
 24.18  any way communicating that the hearing test or hearing test 
 24.19  protocol required by section 153A.14, subdivision 4b, is a 
 24.20  medical evaluation, a diagnostic hearing evaluation conducted by 
 24.21  an audiologist, or is other than a test to select a hearing 
 24.22  instrument, except that the hearing instrument dispenser can 
 24.23  determine the need for or recommend the consumer obtain a 
 24.24  medical evaluation consistent with requirements of the United 
 24.25  States Food and Drug Administration; 
 24.26     (22) violating any of the provisions of sections 153A.13 to 
 24.27  153A.19; and 
 24.28     (23) aiding or abetting another person in violating any of 
 24.29  the provisions of sections 153A.13 to 153A.19. 
 24.30     Sec. 28.  Minnesota Statutes 1996, section 153A.15, is 
 24.31  amended by adding a subdivision to read: 
 24.32     Subd. 2a.  [HEARINGS.] If the commissioner proposes to take 
 24.33  action against the dispenser as described in subdivision 2, the 
 24.34  commissioner must first notify the person against whom the 
 24.35  action is proposed to be taken and provide the person with an 
 24.36  opportunity to request a hearing under the contested case 
 25.1   provisions of chapter 14.  If the person does not request a 
 25.2   hearing by notifying the commissioner within 30 days after 
 25.3   service of the notice of the proposed action, the commissioner 
 25.4   may proceed with the action without a hearing. 
 25.5      Sec. 29.  Minnesota Statutes 1996, section 153A.20, 
 25.6   subdivision 3, is amended to read: 
 25.7      Subd. 3.  [DUTIES.] At the commissioner's request, the 
 25.8   advisory council shall: 
 25.9      (1) advise the commissioner regarding hearing instrument 
 25.10  dispenser certification standards; 
 25.11     (2) advise the commissioner on enforcement of sections 
 25.12  153A.13 to 153A.20; 
 25.13     (3) provide for distribution of information regarding 
 25.14  hearing instrument dispenser certification standards; 
 25.15     (4) review applications and make recommendations to the 
 25.16  commissioner on granting or denying certification or 
 25.17  certification renewal; 
 25.18     (5) review reports of investigations relating to 
 25.19  individuals and make recommendations to the commissioner as to 
 25.20  whether certification should be denied or disciplinary action 
 25.21  taken against the individual; and 
 25.22     (3) review investigation summaries of competency violations 
 25.23  and make recommendations to the commissioner as to whether the 
 25.24  allegations of incompetency are substantiated; and 
 25.25     (6) (4) perform other duties authorized for advisory 
 25.26  councils by chapter 214, or as directed by the commissioner. 
 25.27     Sec. 30.  [CERTAIN HEALTH DEPARTMENT RULES.] 
 25.28     The commissioner of health may repeal or amend Minnesota 
 25.29  Rules, parts 4666.0010 to 4666.1400, and may adopt new rules to 
 25.30  replace them.  Rules repealed, amended, or adopted under this 
 25.31  section are not subject to Minnesota Statutes, sections 14.05 to 
 25.32  14.28, but are governed by section 14.386.  The commissioner's 
 25.33  authority to act under this section expires December 31, 1998. 
 25.34     Sec. 31.  [REPEALER.] 
 25.35     Minnesota Statutes 1996, section 153A.14, subdivision 7, is 
 25.36  repealed. 
 26.1      Sec. 32.  [EFFECTIVE DATE.] 
 26.2      Sections 5 to 8 are effective November 1, 1998.  Section 30 
 26.3   is effective the day following final enactment.