Minnesota Session Laws - 1992, Regular Session

  

                         Laws of Minnesota 1992 

                        CHAPTER 559-S.F.No. 2732 
           An act relating to public health; providing for the 
          reporting and monitoring of certain licensed health 
          care workers who are infected with the human 
          immunodeficiency virus or hepatitis B virus; 
          authorizing rulemaking for certain health-related 
          licensing boards; providing penalties; providing 
          licensing requirements for chemical dependency 
          counselors; providing for denial, suspension, or 
          revocation of licenses under certain circumstances; 
          requiring the commissioner of human services to adopt 
          rules for licensure of chemical dependency counselors; 
          appropriating money; amending Minnesota Statutes 1990, 
          sections 144.054; 144.55, subdivision 3; 147.091, 
          subdivision 1; 148.261, subdivision 1; 150A.08, 
          subdivision 1; 153.19, subdivision 1; 214.12; and 
          595.02, subdivision 1; proposing coding for new law in 
          Minnesota Statutes, chapters 150A; and 214; proposing 
          coding for new law as Minnesota Statutes, chapter 148C.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 

                                ARTICLE 1
    Section 1.  Minnesota Statutes 1990, section 144.054, is 
amended to read: 
    144.054 [SUBPOENA POWER.] 
    Subdivision 1.  The commissioner may, as part of an 
investigation to determine whether a serious health threat 
exists or to locate persons who may have been exposed to an 
agent which can seriously affect their health, issue subpoenas 
to require the attendance and testimony of witnesses and 
production of books, records, correspondence, and other 
information relevant to any matter involved in the 
investigation.  The commissioner or the commissioner's designee 
may administer oaths to witnesses or take their affirmation.  
The subpoenas may be served upon any person named therein 
anywhere in the state by any person authorized to serve 
subpoenas or other processes in civil actions of the district 
courts.  If a person to whom a subpoena is issued does not 
comply with the subpoena, the commissioner may apply to the 
district court in any district and the court shall order the 
person to comply with the subpoena.  Failure to obey the order 
of the court may be punished by the court as contempt of court.  
Except as provided in subdivision 2, no person may be compelled 
to disclose privileged information as described in section 
595.02, subdivision 1.  All information pertaining to individual 
medical records obtained under this section shall be considered 
health data under section 13.38.  The fees for the service of a 
subpoena must be paid in the same manner as prescribed by law 
for a service of process issued out of a district court.  
Witnesses must receive the same fees and mileage as in civil 
actions. 
    Subd. 2.  The commissioner may subpoena privileged medical 
information of patients who may have been exposed by a licensed 
dental hygienist, dentist, physician, nurse, podiatrist, a 
registered dental assistant, or a physician's assistant who is 
infected with the human immunodeficiency virus (HIV) or 
hepatitis B virus (HBV) when the commissioner has determined 
that it may be necessary to notify those patients that they may 
have been exposed to HIV or HBV. 
    Sec. 2.  Minnesota Statutes 1990, section 144.55, 
subdivision 3, is amended to read: 
    Subd. 3.  [STANDARDS FOR LICENSURE.] (a) Notwithstanding 
the provisions of section 144.56, for the purpose of hospital 
licensure, the commissioner of health shall use as minimum 
standards the hospital certification regulations promulgated 
pursuant to Title XVIII of the Social Security Act, United 
States Code, title 42, section 1395, et. seq.  The commissioner 
may use as minimum standards changes in the federal hospital 
certification regulations promulgated after May 7, 1981 if the 
commissioner finds that such changes are reasonably necessary to 
protect public health and safety.  The commissioner shall also 
promulgate in rules additional minimum standards for new 
construction.  
     (b) Each hospital shall establish policies and procedures 
to prevent the transmission of human immunodeficiency virus and 
hepatitis B virus to patients and within the health care 
setting.  The policies and procedures shall be developed in 
conformance with the most recent recommendations issued by the 
United States Department of Health and Human Services, Public 
Health Service, Centers for Disease Control.  The commissioner 
of health shall evaluate a hospital's compliance with the 
policies and procedures according to subdivision 4. 
    Sec. 3.  Minnesota Statutes 1990, section 147.091, 
subdivision 1, is amended to read: 
    Subdivision 1.  [GROUNDS LISTED.] The board may refuse to 
grant a license or may impose disciplinary action as described 
in section 147.141 against any physician.  The following conduct 
is prohibited and is grounds for disciplinary action: 
    (a) Failure to demonstrate the qualifications or satisfy 
the requirements for a license contained in this chapter or 
rules of the board.  The burden of proof shall be upon the 
applicant to demonstrate such qualifications or satisfaction of 
such requirements. 
    (b) Obtaining a license by fraud or cheating, or attempting 
to subvert the licensing examination process.  Conduct which 
subverts or attempts to subvert the licensing examination 
process includes, but is not limited to:  (1) conduct which 
violates the security of the examination materials, such as 
removing examination materials from the examination room or 
having unauthorized possession of any portion of a future, 
current, or previously administered licensing examination; (2) 
conduct which violates the standard of test administration, such 
as communicating with another examinee during administration of 
the examination, copying another examinee's answers, permitting 
another examinee to copy one's answers, or possessing 
unauthorized materials; or (3) impersonating an examinee or 
permitting an impersonator to take the examination on one's own 
behalf. 
     (c) Conviction, during the previous five years, of a felony 
reasonably related to the practice of medicine or osteopathy.  
Conviction as used in this subdivision shall include a 
conviction of an offense which if committed in this state would 
be deemed a felony without regard to its designation elsewhere, 
or a criminal proceeding where a finding or verdict of guilt is 
made or returned but the adjudication of guilt is either 
withheld or not entered thereon.  
     (d) Revocation, suspension, restriction, limitation, or 
other disciplinary action against the person's medical license 
in another state or jurisdiction, failure to report to the board 
that charges regarding the person's license have been brought in 
another state or jurisdiction, or having been refused a license 
by any other state or jurisdiction.  
     (e) Advertising which is false or misleading, which 
violates any rule of the board, or which claims without 
substantiation the positive cure of any disease, or professional 
superiority to or greater skill than that possessed by another 
physician. 
     (f) Violating a rule promulgated by the board or an order 
of the board, a state, or federal law which relates to the 
practice of medicine, or in part regulates the practice of 
medicine including without limitation sections 148A.02, 609.344, 
and 609.345, or a state or federal narcotics or controlled 
substance law. 
    (g) Engaging in any unethical conduct; conduct likely to 
deceive, defraud, or harm the public, or demonstrating a willful 
or careless disregard for the health, welfare or safety of a 
patient; or medical practice which is professionally 
incompetent, in that it may create unnecessary danger to any 
patient's life, health, or safety, in any of which cases, proof 
of actual injury need not be established. 
     (h) Failure to supervise a physician's assistant or failure 
to supervise a physician under any agreement with the board. 
     (i) Aiding or abetting an unlicensed person in the practice 
of medicine, except that it is not a violation of this paragraph 
for a physician to employ, supervise, or delegate functions to a 
qualified person who may or may not be required to obtain a 
license or registration to provide health services if that 
person is practicing within the scope of that person's license 
or registration or delegated authority. 
     (j) Adjudication as mentally incompetent, mentally ill or 
mentally retarded, or as a chemically dependent person, a person 
dangerous to the public, or a person who has a psychopathic 
personality by a court of competent jurisdiction, within or 
without this state.  Such adjudication shall automatically 
suspend a license for the duration thereof unless the board 
orders otherwise. 
     (k) Engaging in unprofessional conduct.  Unprofessional 
conduct shall include any departure from or the failure to 
conform to the minimal standards of acceptable and prevailing 
medical practice in which proceeding actual injury to a patient 
need not be established. 
     (l) Inability to practice medicine with reasonable skill 
and safety to patients by reason of illness, drunkenness, use of 
drugs, narcotics, chemicals or any other type of material or as 
a result of any mental or physical condition, including 
deterioration through the aging process or loss of motor skills. 
     (m) Revealing a privileged communication from or relating 
to a patient except when otherwise required or permitted by law. 
     (n) Failure by a doctor of osteopathy to identify the 
school of healing in the professional use of the doctor's name 
by one of the following terms:  osteopathic physician and 
surgeon, doctor of osteopathy, or D.O. 
     (o) Improper management of medical records, including 
failure to maintain adequate medical records, to comply with a 
patient's request made pursuant to section 144.335 or to furnish 
a medical record or report required by law.  
     (p) Fee splitting, including without limitation: 
     (1) paying, offering to pay, receiving, or agreeing to 
receive, a commission, rebate, or remuneration, directly or 
indirectly, primarily for the referral of patients or the 
prescription of drugs or devices; 
     (2) dividing fees with another physician or a professional 
corporation, unless the division is in proportion to the 
services provided and the responsibility assumed by each 
professional and the physician has disclosed the terms of the 
division; 
     (3) referring a patient to any health care provider as 
defined in section 144.335 in which the referring physician has 
a significant financial interest unless the physician has 
disclosed the physician's own financial interest; and 
     (4) dispensing for profit any drug or device, unless the 
physician has disclosed the physician's own profit interest. 
The physician must make the disclosures required in this clause 
in advance and in writing to the patient and must include in the 
disclosure a statement that the patient is free to choose a 
different health care provider.  This clause does not apply to 
the distribution of revenues from a partnership, group practice, 
nonprofit corporation, or professional corporation to its 
partners, shareholders, members, or employees if the revenues 
consist only of fees for services performed by the physician or 
under a physician's direct supervision, or to the division or 
distribution of prepaid or capitated health care premiums, or 
fee-for-service withhold amounts paid under contracts 
established under other state law.  
     (q) Engaging in abusive or fraudulent billing practices, 
including violations of the federal Medicare and Medicaid laws 
or state medical assistance laws.  
     (r) Becoming addicted or habituated to a drug or intoxicant.
     (s) Prescribing a drug or device for other than medically 
accepted therapeutic or experimental or investigative purposes 
authorized by a state or federal agency or referring a patient 
to any health care provider as defined in section 144.335 for 
services or tests not medically indicated at the time of 
referral.  
    (t) Engaging in conduct with a patient which is sexual or 
may reasonably be interpreted by the patient as sexual, or in 
any verbal behavior which is seductive or sexually demeaning to 
a patient.  
    (u) Failure to make reports as required by section 147.111 
or to cooperate with an investigation of the board as required 
by section 147.131. 
     (v) Knowingly providing false or misleading information 
that is directly related to the care of that patient unless done 
for an accepted therapeutic purpose such as the administration 
of a placebo. 
    Sec. 4.  Minnesota Statutes 1990, section 148.261, 
subdivision 1, is amended to read: 
    Subdivision 1.  [GROUNDS LISTED.] The board shall have 
power to deny, revoke, suspend, limit, or condition the license 
and registration of any person to practice professional or 
practical nursing pursuant to sections 148.171 to 148.285, or to 
otherwise discipline a licensee or applicant as described in 
section 148.262.  The following are grounds for disciplinary 
action: 
    (1) Failure to demonstrate the qualifications or satisfy 
the requirements for a license contained in section 148.171 to 
148.285 or rules of the board.  In the case of a person applying 
for a license, the burden of proof is upon the applicant to 
demonstrate the qualifications or satisfaction of the 
requirements. 
     (2) Employing fraud or deceit in procuring or attempting to 
procure a permit, license, or registration certificate to 
practice professional or practical nursing or attempting to 
subvert the licensing examination process.  Conduct that 
subverts or attempts to subvert the licensing examination 
process includes, but is not limited to:  
     (i) conduct that violates the security of the examination 
materials, such as removing examination materials from the 
examination room or having unauthorized possession of any 
portion of a future, current, or previously administered 
licensing examination; 
     (ii) conduct that violates the standard of test 
administration, such as communicating with another examinee 
during administration of the examination, copying another 
examinee's answers, permitting another examinee to copy one's 
answers, or possessing unauthorized materials; or 
     (iii) impersonating an examinee or permitting an 
impersonator to take the examination on one's own behalf. 
     (3) Conviction during the previous five years of a felony 
or gross misdemeanor reasonably related to the practice of 
professional or practical nursing.  Conviction as used in this 
subdivision shall include a conviction of an offense that if 
committed in this state would be considered a felony or gross 
misdemeanor without regard to its designation elsewhere, or a 
criminal proceeding where a finding or verdict of guilt is made 
or returned but the adjudication of guilt is either withheld or 
not entered. 
     (4) Revocation, suspension, limitation, conditioning, or 
other disciplinary action against the person's professional or 
practical nursing license in another state, territory, or 
country; failure to report to the board that charges regarding 
the person's nursing license are pending in another state, 
territory, or country; or having been refused a license by 
another state, territory, or country. 
     (5) Failure to or inability to perform professional or 
practical nursing as defined in section 148.171, paragraph (3) 
or (5), with reasonable skill and safety, including failure of a 
registered nurse to supervise or a licensed practical nurse to 
monitor adequately the performance of acts by any person working 
at the nurse's direction. 
     (6) Engaging in unprofessional conduct including, but not 
limited to, a departure from or failure to conform to board 
rules of professional or practical nursing practice that 
interpret the statutory definition of professional or practical 
nursing as well as provide criteria for violations of the 
statutes, or, if no rule exists, to the minimal standards of 
acceptable and prevailing professional or practical nursing 
practice, or any nursing practice that may create unnecessary 
danger to a patient's life, health, or safety.  Actual injury to 
a patient need not be established under this clause.  
    (7) Delegating or accepting the delegation of a nursing 
function or a prescribed health care function when the 
delegation or acceptance could reasonably be expected to result 
in unsafe or ineffective patient care. 
    (8) Actual or potential inability to practice nursing with 
reasonable skill and safety to patients by reason of illness, 
use of alcohol, drugs, chemicals, or any other material, or as a 
result of any mental or physical condition.  
    (9) Adjudication as mentally incompetent, mentally ill, a 
chemically dependent person, or a person dangerous to the public 
by a court of competent jurisdiction, within or without this 
state.  
    (10) Engaging in any unethical conduct including, but not 
limited to, conduct likely to deceive, defraud, or harm the 
public, or demonstrating a willful or careless disregard for the 
health, welfare, or safety of a patient.  Actual injury need not 
be established under this clause.  
    (11) Engaging in conduct with a patient that is sexual or 
may reasonably be interpreted by the patient as sexual, or in 
any verbal behavior that is seductive or sexually demeaning to a 
patient, or engaging in sexual exploitation of a patient or 
former patient.  
    (12) Obtaining money, property, or services from a patient, 
other than reasonable fees for services provided to the patient, 
through the use of undue influence, harassment, duress, 
deception, or fraud. 
    (13) Revealing a privileged communication from or relating 
to a patient except when otherwise required or permitted by law. 
    (14) Engaging in abusive or fraudulent billing practices, 
including violations of federal Medicare and Medicaid laws or 
state medical assistance laws. 
    (15) Improper management of patient records, including 
failure to maintain adequate patient records, to comply with a 
patient's request made pursuant to section 144.335, or to 
furnish a patient record or report required by law.  
    (16) Knowingly aiding, assisting, advising, or allowing an 
unlicensed person to engage in the unlawful practice of 
professional or practical nursing.  
    (17) Violating a rule adopted by the board, an order of the 
board, or a state or federal law relating to the practice of 
professional or practical nursing, or a state or federal 
narcotics or controlled substance law. 
    (18) Knowingly providing false or misleading information 
that is directly related to the care of that patient unless done 
for an accepted therapeutic purpose such as the administration 
of a placebo. 
    Sec. 5.  Minnesota Statutes 1990, section 150A.08, 
subdivision 1, is amended to read: 
    Subdivision 1.  [GROUNDS.] The board may refuse or by order 
suspend or revoke, limit or modify by imposing conditions it 
deems necessary, any license to practice dentistry or dental 
hygiene or the registration of any dental assistant upon any of 
the following grounds: 
    (1) Fraud or deception in connection with the practice of 
dentistry or the securing of a license or annual registration 
certificate; 
    (2) Conviction, including a finding or verdict of guilt, an 
admission of guilt, or a no contest plea, in any court of a 
felony or gross misdemeanor reasonably related to the practice 
of dentistry as evidenced by a certified copy of the conviction; 
    (3) Conviction, including a finding or verdict of guilt, an 
admission of guilt, or a no contest plea, in any court of an 
offense involving moral turpitude as evidenced by a certified 
copy of the conviction; 
    (4) Habitual overindulgence in the use of intoxicating 
liquors; 
    (5) Improper or unauthorized prescription, dispensing, 
administering, or personal or other use of any legend drug as 
defined in chapter 151, of any chemical as defined in chapter 
151, or of any controlled substance as defined in chapter 152; 
    (6) Conduct unbecoming a person licensed to practice 
dentistry or dental hygiene or registered as a dental assistant, 
or conduct contrary to the best interest of the public, as such 
conduct is defined by the rules of the board; 
    (7) Gross immorality; 
     (8) Any physical, mental, emotional, or other disability 
which adversely affects a dentist's, dental hygienist's, or 
registered dental assistant's ability to perform the service for 
which the person is licensed or registered; 
     (9) Revocation or suspension of a license, registration, or 
equivalent authority to practice, or other disciplinary action 
or denial of a license or registration application taken by a 
licensing, registering, or credentialing authority of another 
state, territory, or country as evidenced by a certified copy of 
the licensing authority's order, if the disciplinary action or 
application denial was based on facts that would provide a basis 
for disciplinary action under this chapter and if the action was 
taken only after affording the credentialed person or applicant 
notice and opportunity to refute the allegations or pursuant to 
stipulation or other agreement; 
         (10) Failure to maintain adequate safety and sanitary 
conditions for a dental office in accordance with the standards 
established by the rules of the board; 
         (11) Employing, assisting, or enabling in any manner an 
unlicensed person to practice dentistry; 
      (12) Failure or refusal to attend, testify, and produce 
records as directed by the board under subdivision 7; or 
          (13) Violation of, or failure to comply with, any other 
provisions of sections 150A.01 to 150A.12, the rules of the 
board of dentistry, or any disciplinary order issued by the 
board or for any other just cause related to the practice of 
dentistry.  Suspension, revocation, modification or limitation 
of any license shall not be based upon any judgment as to 
therapeutic or monetary value of any individual drug prescribed 
or any individual treatment rendered, but only upon a repeated 
pattern of conduct; or 
     (14) Knowingly providing false or misleading information 
that is directly related to the care of that patient unless done 
for an accepted therapeutic purpose such as the administration 
of a placebo. 
    Sec. 6.  [150A.081] [ACCESS TO MEDICAL DATA.] 
    When the board has probable cause to believe that a 
licensee's or registrant's condition meets a ground listed in 
section 150A.08, subdivision 1, clause (4) or (8), it may, 
notwithstanding sections 13.42, 144.651, or any other law 
limiting access to medical data, obtain medical or health 
records relating to the licensee or registrant without the 
person's consent.  The medical data may be requested from a 
provider, as defined in section 144.335, subdivision 1, 
paragraph (b), an insurance company, or a government agency.  A 
provider, insurance company, or government agency shall comply 
with a written request of the board under this subdivision and 
is not liable in any action for damages for releasing the data 
requested by the board if the data are released under the 
written request, unless the information is false and the entity 
providing the information knew, or had reason to believe, the 
information was false.  Information obtained under this 
subdivision is classified as private data on individuals under 
chapter 13.  Under this subdivision, the commissioner of health 
is not required to release health data collected and maintained 
under section 13.38.  
    Sec. 7.  Minnesota Statutes 1990, section 153.19, 
subdivision 1, is amended to read: 
    Subdivision 1.  [GROUNDS LISTED.] The board may refuse to 
grant a license or may impose disciplinary action as described 
in this section against any doctor of podiatric medicine.  The 
following conduct is prohibited and is grounds for disciplinary 
action: 
    (1) failure to demonstrate the qualifications or satisfy 
the requirements for a license contained in this chapter or 
rules of the board; the burden of proof shall be upon the 
applicant to demonstrate the qualifications or satisfaction of 
the requirements; 
    (2) obtaining a license by fraud or cheating or attempting 
to subvert the licensing examination process; 
    (3) conviction, during the previous five years, of a felony 
reasonably related to the practice of podiatric medicine; 
    (4) revocation, suspension, restriction, limitation, or 
other disciplinary action against the person's podiatric medical 
license in another state or jurisdiction, failure to report to 
the board that charges regarding the person's license have been 
brought in another state or jurisdiction, or having been refused 
a license by any other state or jurisdiction; 
    (5) advertising that is false or misleading; 
    (6) violating a rule adopted by the board or an order of 
the board, a state, or federal law that relates to the practice 
of podiatric medicine, or in part regulates the practice of 
podiatric medicine, or a state or federal narcotics or 
controlled substance law; 
     (7) engaging in any unethical conduct; conduct likely to 
deceive, defraud, or harm the public, or demonstrating a willful 
or careless disregard for the health, welfare, or safety of a 
patient; or podiatric medical practice that is professionally 
incompetent, in that it may create unnecessary danger to any 
patient's life, health, or safety, in any of which cases, proof 
of actual injury need not be established; 
     (8) failure to supervise a preceptor or resident; 
     (9) aiding or abetting an unlicensed person in the practice 
of podiatric medicine, except that it is not a violation of this 
clause for a podiatrist to employ, supervise, or delegate 
functions to a qualified person who may or may not be required 
to obtain a license or registration to provide health services 
if that person is practicing within the scope of that person's 
license or registration or delegated authority; 
     (10) adjudication as mentally incompetent, or mentally ill, 
or as a chemically dependent person, a person dangerous to the 
public, or a person who has a psychopathic personality by a 
court of competent jurisdiction, within or without this state; 
     (11) engaging in unprofessional conduct that includes any 
departure from or the failure to conform to the minimal 
standards of acceptable and prevailing podiatric medical 
practice, but actual injury to a patient need not be 
established; 
     (12) inability to practice podiatric medicine with 
reasonable skill and safety to patients by reason of illness or 
chemical dependency or as a result of any mental or physical 
condition, including deterioration through the aging process or 
loss of motor skills; 
     (13) revealing a privileged communication from or relating 
to a patient except when otherwise required or permitted by law; 
     (14) improper management of medical records, including 
failure to maintain adequate medical records, to comply with a 
patient's request made under section 144.335 or to furnish a 
medical record or report required by law; 
     (15) accepting, paying, or promising to pay a part of a fee 
in exchange for patient referrals; 
     (16) engaging in abusive or fraudulent billing practices, 
including violations of the federal Medicare and Medicaid laws 
or state medical assistance laws; 
     (17) becoming addicted or habituated to a drug or 
intoxicant; 
     (18) prescribing a drug for other than medically accepted 
therapeutic or experimental or investigative purposes authorized 
by a state or federal agency; 
    (19) engaging in sexual conduct with a patient or conduct 
that may reasonably be interpreted by the patient as sexual, or 
in verbal behavior which is seductive or sexually demeaning to a 
patient; 
    (20) failure to make reports as required by section 153.24 
or to cooperate with an investigation of the board as required 
by section 153.20; 
    (21) knowingly providing false or misleading information 
that is directly related to the care of that patient unless done 
for an accepted therapeutic purpose such as the administration 
of a placebo. 
    Sec. 8.  Minnesota Statutes 1990, section 214.12, is 
amended to read: 
    214.12 [CONTINUING EDUCATION.] 
    Subdivision 1.  [REQUIREMENTS.] The health-related and 
non-health-related licensing boards may promulgate by rule 
requirements for renewal of licenses designed to promote the 
continuing professional competence of licensees.  These 
requirements of continuing professional education or training 
shall be designed solely to improve professional skills and 
shall not exceed an average attendance requirement of 50 clock 
hours per year.  All requirements promulgated by the boards 
shall be effective commencing January 1, 1977, or at a later 
date as the board may determine.  The 50 clock hour limitation 
shall not apply to the board of teaching. 
    Subd. 2.  [INFECTION CONTROL.] The boards listed in section 
214.18, subdivision 1, shall require by rule that licensees 
obtain instruction or continuing education in the subject of 
infection control including blood-borne diseases. 
    Sec. 9.  [214.17] [HIV AND HBV PREVENTION PROGRAM; PURPOSE 
AND SCOPE.] 
    Sections 214.17 to 214.25 are intended to promote the 
health and safety of patients and regulated persons by reducing 
the risk of infection in the provision of health care.  
    Sec. 10.  [214.18] [DEFINITIONS.] 
    Subdivision 1.  [BOARD.] "Board" means the boards of 
dentistry, medical practice, nursing, and podiatric medicine.  
For purposes of sections 214.19, subdivisions 4 and 5; 214.20, 
paragraph (a); and 214.24, board also includes the board of 
chiropractic examiners. 
    Subd. 2.  [COMMISSIONER.] "Commissioner" means the 
commissioner of health. 
    Subd. 3.  [HBV.] "HBV" means the hepatitis B virus with the 
e antigen present in the most recent blood test.  
    Subd. 4.  [HIV.] "HIV" means the human immunodeficiency 
virus.  
    Subd. 5.  [REGULATED PERSON.] "Regulated person" means a 
licensed dental hygienist, dentist, physician, nurse, 
podiatrist, a registered dental assistant, a physician's 
assistant, and for purposes of sections 214.19, subdivisions 4 
and 5; 214.20, paragraph (a); and 214.24, a chiropractor.  
    Sec. 11.  [214.19] [REPORTING OBLIGATIONS.] 
    Subdivision 1.  [PERMISSION TO REPORT.] A person with 
actual knowledge that a regulated person has been diagnosed as 
infected with HIV or HBV may file a report with the commissioner.
    Subd. 2.  [SELF-REPORTING.] A regulated person who is 
diagnosed as infected with HIV or HBV shall report that 
information to the commissioner promptly, and as soon as 
medically necessary for disease control purposes but no more 
than 30 days after learning of the diagnosis or 30 days after 
becoming licensed or registered by the state. 
    Subd. 3.  [MANDATORY REPORTING.] A person or institution 
required to report HIV or HBV status to the commissioner under 
Minnesota Rules, parts 4605.7030, subparts 1 to 4 and 6, and 
4605.7040, shall, at the same time, notify the commissioner if 
the person or institution knows that the reported person is a 
regulated person.  
    Subd. 4.  [INFECTION CONTROL REPORTING.] A regulated person 
shall, within ten days, report to the appropriate board personal 
knowledge of a serious failure or a pattern of failure by 
another regulated person to comply with accepted and prevailing 
infection control procedures related to the prevention of HIV 
and HBV transmission.  In lieu of reporting to the board, the 
regulated person may make the report to a designated official of 
the hospital, nursing home, clinic, or other institution or 
agency where the failure to comply with accepted and prevailing 
infection control procedures occurred.  The designated official 
shall report to the appropriate board within 30 days of 
receiving a report under this subdivision.  The report shall 
include specific information about the response by the 
institution or agency to the report.  A regulated person shall 
not be discharged or discriminated against for filing a 
complaint in good faith under this subdivision.  
    Subd. 5.  [IMMUNITY.] A person is immune from civil 
liability or criminal prosecution for submitting a report in 
good faith to the commissioner or to a board under this section. 
    Sec. 12.  [214.20] [GROUNDS FOR DISCIPLINARY OR RESTRICTIVE 
ACTION.] 
    A board may refuse to grant a license or registration or 
may impose disciplinary or restrictive action against a 
regulated person who: 
    (1) fails to follow accepted and prevailing infection 
control procedures, including a failure to conform to current 
recommendations of the Centers for Disease Control for 
preventing the transmission of HIV and HBV, or fails to comply 
with infection control rules promulgated by the board.  Injury 
to a patient need not be established; 
    (2) fails to comply with any requirement of sections 214.17 
to 214.24; or 
    (3) fails to comply with any monitoring or reporting 
requirement. 
    Sec. 13.  [214.21] [TEMPORARY SUSPENSION.] 
    The board may, without hearing, temporarily suspend the 
right to practice of a regulated person if the board finds that 
the regulated person has refused to submit to or comply with 
monitoring under section 214.23.  The suspension shall take 
effect upon written notice to the regulated person specifying 
the statute or rule violated.  The suspension shall remain in 
effect until the board issues a final order based on a 
stipulation or after a hearing.  At the time the board issues 
the suspension notice, the board shall schedule a disciplinary 
hearing to be held under chapter 14.  The regulated person shall 
be provided with at least 20 days' notice of a hearing held 
under this section.  The hearing shall be scheduled to begin no 
later than 30 days after the issuance of the suspension order.  
    Sec. 14.  [214.22] [NOTICE; ACTION.] 
    If the board has reasonable grounds to believe a regulated 
person infected with HIV or HBV has done or omitted doing any 
act that would be grounds for disciplinary action under section 
214.20, the board may take action after giving notice three 
business days before the action, or a lesser time if deemed 
necessary by the board.  The board may: 
    (1) temporarily suspend the regulated person's right to 
practice under section 214.21; 
    (2) require the regulated person to appear personally at a 
conference with representatives of the board and to provide 
information relating to the regulated person's health or 
professional practice; and 
    (3) take any other lesser action deemed necessary by the 
board for the protection of the public.  
    Sec. 15.  [214.23] [MONITORING.] 
    Subdivision 1.  [COMMISSIONER OF HEALTH.] The board shall 
enter into a contract with the commissioner to perform the 
functions in subdivisions 2 and 3.  The contract shall provide 
that: 
    (1) unless requested to do otherwise by a regulated person, 
a board shall refer all regulated persons infected with HIV or 
HBV to the commissioner; 
    (2) the commissioner may choose to refer any regulated 
person who is infected with HIV or HBV as well as all 
information related thereto to the person's board at any time 
for any reason, including but not limited to:  the degree of 
cooperation and compliance by the regulated person; the 
inability to secure information or the medical records of the 
regulated person; or when the facts may present other possible 
violations of the regulated persons practices act.  Upon request 
of the regulated person who is infected with HIV or HBV the 
commissioner shall refer the regulated person and all 
information related thereto to the person's board.  Once the 
commissioner has referred a regulated person to a board, the 
board may not thereafter submit it to the commissioner to 
establish a monitoring plan unless the commissioner of health 
consents in writing; 
    (3) a board shall not take action on grounds relating 
solely to the HIV or HBV status of a regulated person until 
after referral by the commissioner; and 
    (4) notwithstanding sections 13.39 and 13.41 and chapters 
147, 148, 150A, 153, and 214, a board shall forward to the 
commissioner any information on a regulated person who is 
infected with HIV or HBV that the department of health requests. 
    Subd. 2.  [MONITORING PLAN.] After receiving a report that 
a regulated person is infected with HIV or HBV, the board or the 
commissioner acting on behalf of the board shall evaluate the 
past and current professional practice of the regulated person 
to determine whether there has been a violation under section 
214.20.  After evaluation of the regulated person's past and 
current professional practice, the board or the commissioner, 
acting on behalf of the board, shall establish a monitoring plan 
for the regulated person.  The monitoring plan may: 
    (1) address the scope of a regulated person's professional 
practice when the board or the commissioner, acting on behalf of 
the board, determines that the practice constitutes an 
identifiable risk of transmission of HIV or HBV from the 
regulated person to the patient; 
    (2) include the submission of regular reports at a 
frequency determined by the board or the commissioner, acting on 
behalf of the board, regarding the regulated person's health 
status; and 
    (3) include any other provisions deemed reasonable by the 
board or the commissioner of health, acting on behalf of the 
board. 
The board or commissioner, acting on behalf of the board, may 
enter into agreements with qualified persons to perform 
monitoring on its behalf.  The regulated person shall comply 
with any monitoring plan established under this subdivision. 
    Subd. 3.  [EXPERT REVIEW PANEL.] The board or the 
commissioner acting on behalf of the board may appoint an expert 
review panel to assist in the performance of the 
responsibilities under this section.  In consultations with the 
expert review panel, the commissioner or board shall, to the 
extent possible, protect the identity of the regulated person.  
When an expert review panel is appointed, it must contain at 
least one member appointed by the commissioner and one 
professional member appointed by the board.  The panel shall 
provide expert assistance to the board, or to the commissioner 
acting on behalf of the board, in the subjects of infectious 
diseases, epidemiology, practice techniques used by regulated 
persons, and other subjects determined by the board or by the 
commissioner acting on behalf of the board.  Members of the 
expert review panel are subject to those provisions of chapter 
13 that restrict the commissioner or the board under this act. 
    Subd. 4.  [IMMUNITY.] Members of the board or the 
commissioner acting on behalf of the board, and persons who 
participate on an expert review panel or who assist the board or 
the commissioner in monitoring the practice of a regulated 
person, are immune from civil liability or criminal prosecution 
for any actions, transactions, or publications made in good 
faith and in execution of, or relating to, their duties under 
sections 9 to 16 of this act, except that no immunity shall be 
available for persons who have knowingly violated any provision 
of chapter 13. 
    Sec. 16.  [214.24] [INSPECTION OF PRACTICE.] 
    Subdivision 1.  [AUTHORITY.] The board is authorized to 
conduct inspections of the clinical practice of a regulated 
person to determine whether the regulated person is following 
accepted and prevailing infection control procedures.  The board 
shall provide at least three business days' notice to the 
clinical practice prior to the inspection.  The clinical 
practice of a regulated person includes any location where the 
regulated person practices that is not an institution licensed 
and subject to inspection by the commissioner of health.  During 
the course of inspections the privacy and confidentiality of 
patients and regulated persons shall be maintained.  The board 
may require on license renewal forms that regulated persons 
inform the board of all locations where they practice. 
    Subd. 2.  [ACCESS; RECORDS.] An inspector from the board 
shall have access, during reasonable business hours for purposes 
of inspection, to all areas of the practice setting where 
patient care is rendered or drugs or instruments are held that 
come into contact with a patient.  An inspector is authorized to 
interview employees and regulated persons in the performance of 
an inspection, to observe infection control procedures, test 
equipment used to sterilize instruments, and to review and copy 
all relevant records, excluding patient health records.  In 
performing these responsibilities, inspectors shall make 
reasonable efforts to respect and preserve patient privacy and 
the privacy of the regulated person.  Boards are authorized to 
conduct joint inspections and to share information obtained 
under this section.  The boards shall contract with the 
commissioner to perform the duties under this subdivision. 
    Subd. 3.  [BOARD ACTION.] If accepted and prevailing 
infection control techniques are not being followed, the board 
may educate the regulated person or take other actions.  The 
board and the inspector shall maintain patient confidentiality 
in any action resulting from the inspection.  
    Subd. 4.  [RULEMAKING.] A board is authorized to adopt 
rules setting standards for infection control procedures.  
Boards shall engage in joint rulemaking.  Boards must seek and 
consider the advice of the commissioner of health before 
adopting rules.  No inspections shall be conducted under this 
section until after infection control rules have been adopted.  
Each board is authorized to provide educational information and 
training to regulated persons regarding infection control.  All 
regulated persons who are employers shall make infection control 
rules available to employees who engage in functions related to 
infection control.  
    Sec. 17.  [214.25] [DATA PRIVACY.] 
    Subdivision 1.  [BOARD DATA.] (a) All data collected or 
maintained as part of the board's duties under sections 214.19, 
214.23, and 214.24 shall be classified as investigative data 
under section 13.39 except that inactive investigative data 
shall be classified as private data under section 13.02, 
subdivision 12, or nonpublic data under section 13.02, 
subdivision 9, in the case of data not on individuals. 
    (b) Notwithstanding section 13.05, subdivision 9, data 
addressed in this subdivision shall not be disclosed except as 
provided in this subdivision or section 13.04; except that the 
board may disclose to the commissioner under section 214.23. 
    Subd. 2.  [COMMISSIONER OF HEALTH DATA.] (a) All data 
collected or maintained as part of the commissioner of health's 
duties under sections 214.19, 214.23, and 214.24 shall be 
classified as investigative data under section 13.39, except 
that inactive investigative data shall be classified as private 
data under section 13.02, subdivision 12, or nonpublic data 
under section 13.02, subdivision 9, in the case of data not on 
individuals. 
    (b) Notwithstanding section 13.05, subdivision 9, data 
addressed in this subdivision shall not be disclosed except as 
provided in this subdivision or section 13.04; except that the 
commissioner may disclose to the boards under section 214.23. 
    (c) The commissioner may disclose data addressed under this 
subdivision as necessary:  to identify, establish, implement, 
and enforce a monitoring plan; to investigate a regulated 
person; to alert persons who may be threatened by illness as 
evidenced by epidemiologic data; to control or prevent the 
spread of HIV or HBV disease; or to diminish an imminent threat 
to the public health. 
    Sec. 18.  [EFFECTIVE DATE.] 
    Subdivision 1.  Section 11 is effective July 1, 1992.  
    Subd. 2.  All other provisions of this article are 
effective the day following final enactment. 

                                ARTICLE 2
    Section 1.  [148C.01] [DEFINITIONS.] 
    Subdivision 1.  [APPLICABILITY.] For the purposes of 
sections 1 to 13, the following terms have the meanings given 
them.  
    Subd. 2.  [LICENSED CHEMICAL DEPENDENCY COUNSELOR.] 
"Licensed chemical dependency counselor" means a person who: 
    (1) represents herself or himself to the public by any 
title or description of services incorporating the words 
"licensed chemical dependency counselor"; 
    (2) offers to render professional chemical dependency 
counseling services to the general public or groups, 
organizations, corporations, institutions, or government 
agencies for compensation, implying that she or he is licensed 
and trained, experienced or expert in chemical dependency 
counseling; and 
    (3) holds a valid license issued under sections 1 to 12 to 
engage in the practice of chemical dependency counseling.  
    Subd. 3.  [OTHER TITLES.] For the purposes of sections 1 to 
13, all individuals who practice, as their main vocation, 
chemical dependency counseling as defined in subdivision 2, 
regardless of their titles, shall be covered by sections 1 to 
12.  This includes, but is not limited to, individuals who may 
refer to themselves as "alcoholism counselor," "drug abuse 
therapist," "chemical dependency recovery counselor," "chemical 
dependency relapse prevention planner," "addiction therapist," 
"chemical dependency intervention specialist," "family chemical 
dependency counselor," "chemical health specialist," "chemical 
health coordinator," and "substance abuse counselor."  
     Subd. 4.  [CHEMICAL DEPENDENCY.] "Chemical dependency" 
means a condition in which a person pathologically uses alcohol 
or a controlled substance as defined in chapter 152, accompanied 
by physical manifestation of increased tolerance to the chemical 
or chemicals being used, or withdrawal syndrome following 
cessation of chemical use.  
    Subd. 5.  [CHEMICAL ABUSE.] "Chemical abuse" means a 
pattern of inappropriate and harmful use of alcohol or a 
controlled substance governed by chapter 152.  Chemical abuse 
includes inappropriate and harmful patterns of chemical use that 
are linked to specific situations in an individual's life such 
as loss of a job, death of a loved one, or a sudden change in 
life circumstances.  Chemical abuse does not involve a pattern 
of pathological use, but it may progress to pathological use.  
     Subd. 6.  [COMMISSIONER.] "Commissioner" means the 
commissioner of human services. 
    Subd. 7.  [ACCREDITED SCHOOL OR EDUCATIONAL PROGRAM OF 
CHEMICAL DEPENDENCY COUNSELING.] "Accredited school or 
educational program of chemical dependency counseling" means a 
school of chemical dependency counseling or other educational 
program that has been recognized by the commissioner.  
    Subd. 8.  [PRIVATE PRACTICE.] "Private practice" means 
chemical dependency counseling practice conducted by an 
individual who is either self-employed or a member of a 
partnership or a group practice, rather than being employed by a 
public agency or an agency licensed under chapter 245A.  
    Subd. 9.  [TWELVE CORE FUNCTIONS.] "Twelve core functions" 
means the following services provided in chemical dependency 
treatment:  
    (1) screening; 
    (2) intake; 
    (3) orientation; 
    (4) assessment; 
    (5) treatment planning; 
    (6) counseling; 
    (7) case management; 
    (8) crisis intervention; 
    (9) client education; 
    (10) referral; 
    (11) reports and record keeping; and 
    (12) consultation with other professionals regarding client 
treatment and services. 
    Sec. 2.  [148C.02] [CHEMICAL DEPENDENCY COUNSELING 
LICENSING ADVISORY COUNCIL.] 
      Subdivision 1.  [MEMBERSHIP.] The chemical dependency 
licensing advisory council consists of 13 members.  The governor 
shall appoint: 
     (1) seven members who must be licensed chemical dependency 
counselors; 
     (2) three members who must be public members as defined by 
section 214.02; 
     (3) one member who must be a director or coordinator of an 
accredited chemical dependency training program; and 
     (4) one member who must be a former consumer of chemical 
dependency counseling service and who must have received the 
service more than three years before the person's appointment. 
     The American Indian advisory committee to the department of 
human services chemical dependency office shall appoint the 
remaining member. 
     Subd. 2.  [DUTIES.] The council shall study the provision 
of chemical dependency counseling and advise the commissioner, 
the profession, and the public. 
    Sec. 3.  [148C.03] [DUTIES OF THE COMMISSIONER.] 
    Subdivision 1.  [GENERAL.] The commissioner shall:  
    (a) adopt and enforce rules for licensure of chemical 
dependency counselors and for regulation of professional 
conduct.  The rules must be designed to protect the public; 
    (b) adopt rules establishing standards and methods of 
determining whether applicants and licensees are qualified under 
section 5.  The rules must provide for examinations and must 
establish standards for professional conduct, including adoption 
of a professional code of ethics; 
    (c) hold examinations at least twice a year to assess 
applicants' knowledge and skills.  The examinations may be 
written or oral and may be administered by the commissioner or 
by a nonprofit agency under contract with the commissioner to 
administer the licensing examinations.  Examinations must 
minimize cultural bias and must be balanced in various theories 
relative to practice of chemical dependency; 
    (d) issue licenses to individuals qualified under sections 
1 to 12; 
    (e) issue copies of the rules for licensure to all 
applicants; 
    (f) establish and implement procedures, including a 
standard disciplinary process and a code of ethics, to ensure 
that individuals licensed as chemical dependency counselors will 
comply with the commissioner's rules; 
    (g) establish, maintain, and publish annually a register of 
current licensees; 
    (h) establish initial and renewal application and 
examination fees sufficient to cover operating expenses of the 
commissioner; 
    (i) educate the public about the existence and content of 
the rules for chemical dependency counselor licensing to enable 
consumers to file complaints against licensees who may have 
violated the rules; and 
    (j) evaluate the rules in order to refine and improve the 
methods used to enforce the commissioner's standards.  
    Subd. 2.  [CONTINUING EDUCATION COMMITTEE.] The 
commissioner shall appoint a continuing education committee of 
five persons, including a chair, which shall advise the 
commissioner on the administration of continuing education 
requirements in section 6, subdivision 2. 
    Subd. 3.  [RESTRICTIONS ON MEMBERSHIP.] A member or an 
employee of the department that carries out the functions under 
this section may not be an officer, employee, or paid consultant 
of a trade association in the counseling services industry.  
    Sec. 4.  [148C.035] [FEE COLLECTION; REPORTS.] 
    Subdivision 1.  [FEE COLLECTION.] The commissioner shall, 
by rule, with the approval of the commissioner of finance, set 
and adjust license fees for chemical dependency counselors so 
that the total fees collected will as closely as possible equal 
anticipated expenditures during the fiscal biennium, as provided 
in Minnesota Statutes, section 16A.128.  The fee established 
must include an amount necessary to recover, over a five-year 
period, the commissioner's direct expenditures for the adoption 
of the rules providing for the licensure of chemical dependency 
counselors.  All fees received shall be deposited in the state 
treasury and credited to the special revenue fund. 
    Subd. 2.  [REPORTS.] The commissioner shall prepare reports 
on activities related to the licensure of chemical dependency 
counselors according to this subdivision by October 1 of each 
even-numbered year.  Copies of the reports shall be delivered to 
the legislature in accordance with Minnesota Statutes, section 
3.195, and to the governor.  The reports shall contain the 
following information on the commissioner's activities relating 
to the licensure of chemical dependency counselors, for the 
two-year period ending the previous June 30: 
    (1) a general statement of these activities; 
    (2) the number of staff hours spent on these activities; 
    (3) the receipts and disbursements of funds; 
    (4) the names of advisory council members and their 
addresses, occupations, and dates of appointment and 
reappointment; 
    (5) the names and job classifications of employees; 
    (6) a brief summary of rules proposed or adopted during the 
reporting period with appropriate citations to the State 
Register and published rules; 
    (7) the number of persons having each type of license 
issued by the commissioner as of June 30 in the year of the 
report; 
    (8) the locations and dates of the administration of 
examinations by the commissioner; 
    (9) the number of persons examined by the commissioner with 
the persons subdivided into groups showing age categories, sex, 
and states of residency; 
    (10) the number of persons licensed by the commissioner 
after taking the examinations referred to in clause (8) with the 
persons subdivided by age categories, sex, and states of 
residency; 
    (11) the number of persons not licensed by the commissioner 
after taking the examinations referred to in clause (8) with the 
persons subdivided by age categories, sex, and states of 
residency; 
    (12) the number of persons not taking the examinations 
referred to in clause (8) who were licensed by the board or who 
were denied licensing with the reasons for the licensing or 
denial thereof and with the persons subdivided by age 
categories, sex, and states of residency; 
    (13) the number of persons previously licensed by the 
commissioner whose licenses were revoked, suspended, or 
otherwise altered in status with brief statements of the reasons 
for the revocation, suspension, or alteration; 
    (14) the number of written and oral complaints and other 
communications received by the commissioner which allege or 
imply a violation of a statute or rule which the commissioner is 
empowered to enforce; 
    (15) a summary, by specific category, of the substance of 
the complaints and communications referred to in clause (14) 
and, for each specific category, the responses or dispositions 
thereof; and 
    (16) any other objective information which the commissioner 
believes will be useful in reviewing the commissioner's 
activities.  
    Sec. 5.  [148C.04] [REQUIREMENTS FOR LICENSURE.] 
    Subdivision 1.  [GENERAL REQUIREMENTS.] The commissioner 
shall issue licenses to the individuals qualified under sections 
1 to 12 to practice chemical dependency counseling.  
    Subd. 2.  [FEE.] Each applicant shall pay a nonrefundable 
fee set by the commissioner.  Fees paid to the commissioner 
shall be deposited in the general fund.  
    Subd. 3.  [LICENSING REQUIREMENTS FOR CHEMICAL DEPENDENCY 
COUNSELOR; EVIDENCE.] (a) To be licensed as a chemical 
dependency counselor, an applicant must meet the requirements in 
clauses (1) to (3).  
    (1) Except as provided in subdivision 4, the applicant must 
have received an associate degree including 270 clock hours of 
chemical dependency education and 880 clock hours of chemical 
dependency practicum.  
    (2) The applicant must have completed a written and oral 
case presentation that demonstrates competence in the 12 core 
functions.  
    (3) The applicant must have satisfactorily passed a written 
examination as established by the commissioner.  
    (b) To be licensed as a chemical dependency counselor, an 
applicant must furnish evidence satisfactory to the commissioner 
that the applicant has met the requirements of paragraph (a).  
    Subd. 4.  [ADDITIONAL LICENSING REQUIREMENTS.] Beginning 
five years after the effective date of sections 1 to 12, an 
applicant for licensure must have received a bachelor's degree 
in a human services area, and must have completed 480 clock 
hours of chemical dependency education and 880 clock hours of 
chemical dependency practicum.  
    Sec. 6.  [148C.05] [LICENSE RENEWAL REQUIREMENTS.] 
    Subdivision 1.  [RENEWAL.] Licensees shall renew licenses 
at the time and in the manner established by the commissioner.  
    Subd. 2.  [CONTINUING EDUCATION.] At the time of renewal, 
each licensee shall furnish evidence satisfactory to the 
commissioner that the licensee has completed annually at least 
the equivalent of 40 clock hours of continuing professional 
postdegree education every two years, in programs approved by 
the commissioner, and that the licensee continues to be 
qualified to practice under sections 1 to 12. 
    Sec. 7.  [148C.06] [LICENSE WITHOUT EXAMINATION; TRANSITION 
PERIOD.] 
    For two years from the effective date of sections 1 to 12, 
the commissioner shall issue a license without examination to an 
applicant if the applicant meets one of the following 
qualifications:  
    (a) is credentialed as a certified chemical dependency 
counselor (CCDC) or certified chemical dependency counselor 
reciprocal (CCDCR) by the Institute for Chemical Dependency 
Professionals of Minnesota, Inc.; 
    (b) has three years or 6,000 hours of supervised chemical 
dependency counselor experience, 270 clock hours of chemical 
dependency training, 300 hours of chemical dependency practicum, 
and has successfully completed a written and oral test; 
    (c) has five years or 10,000 hours of chemical dependency 
counselor experience as defined by the 12 core functions, 270 
clock hours of chemical dependency training, and has 
successfully completed a written or oral test or is credentialed 
as a certified chemical dependency practitioner (CCDP) by the 
Institute for Chemical Dependency Professionals of Minnesota, 
Inc.; or 
    (d) has seven years or 14,000 hours of supervised chemical 
dependency counselor experience as defined by the 12 core 
functions and 270 clock hours of chemical dependency training 
with 60 hours of this training occurring within the past five 
years.  
     After July 1, 1995, no person may be licensed without 
passing the examination. 
    Sec. 8.  [148C.07] [RECIPROCITY.] 
    The commissioner shall issue an appropriate license to an 
individual who holds a current license or other credential from 
another jurisdiction if the commissioner finds that the 
requirements for that credential are substantially similar to 
the requirements in sections 1 to 12.  
    Sec. 9.  [148C.08] [NONTRANSFERABILITY OF LICENSES.] 
    A chemical dependency counselor license is not transferable.
    Sec. 10.  [148C.09] [DENIAL, SUSPENSION, OR REVOCATION OF 
LICENSE.] 
    Subdivision 1.  [GROUNDS.] The commissioner may refuse to 
grant a license to, or may suspend, revoke, or restrict the 
license of an individual if the commissioner, after a hearing 
under the contested case provisions of chapter 14, determines 
that a licensee or applicant:  
    (1) is incompetent to engage in chemical dependency 
counseling practice or is found to be engaged in chemical 
dependency counseling practice in a manner harmful or dangerous 
to a client or the public; 
    (2) has violated the rules of the commissioner or the 
statutes the commissioner is empowered to enforce; 
    (3) has obtained or attempted to obtain a license or 
license renewal by bribery or fraudulent misrepresentation; 
    (4) has knowingly made a false statement on the form 
required by the commissioner for licensing or license renewal; 
or 
    (5) has failed to obtain continuing education credits 
required by the commissioner.  
    Subd. 2.  [RESTORING A LICENSE.] For reasons it finds 
sufficient, the commissioner may grant a license previously 
refused, restore a license that has been revoked, or reduce a 
period of suspension or restriction of a license.  
    Subd. 3.  [ANNUAL REVIEW.] Suspension, revocation, or 
restriction of a license shall be reviewed by the commissioner 
at the request of the licensee against whom the disciplinary 
action was taken.  
    Sec. 11.  [148C.10] [PROHIBITION AGAINST UNLICENSED 
PRACTICE OR USE OF TITLES; PENALTY.] 
    Subdivision 1.  [PRACTICE.] After the commissioner adopts 
rules, no individual shall engage in chemical dependency 
counseling practice unless that individual holds a valid license 
as a chemical dependency counselor.  
    Subd. 2.  [USE OF TITLES.] After the commissioner adopts 
rules, no individual shall be presented to the public by any 
title incorporating the words "chemical dependency counselor" 
unless that individual holds a valid license.  City, county, and 
state agency chemical dependency counselors who are not licensed 
under sections 1 to 12 may use the title "city agency chemical 
dependency counselor," "county agency chemical dependency 
counselor," or "state agency chemical dependency counselor." 
Hospital chemical dependency counselors who are not licensed 
under sections 1 to 12 may use the title "hospital chemical 
dependency counselor" while acting within the scope of their 
employment. 
    Subd. 3.  [PENALTY.] A person who violates sections 1 to 12 
is guilty of a misdemeanor.  
    Sec. 12.  [148C.11] [EXCEPTIONS TO LICENSE REQUIREMENT.] 
    Subdivision 1.  [OTHER PROFESSIONALS.] Nothing in sections 
1 to 11 shall prevent members of other professions or 
occupations from performing functions for which they are 
qualified or licensed.  This exception includes, but is not 
limited to, licensed physicians, registered nurses, licensed 
practical nurses, licensed psychologists, members of the clergy, 
attorneys, probation officers, marriage and family therapists, 
social workers, professional counselors, school counselors, and 
registered occupational therapists or certified occupational 
therapist assistants.  These persons must not, however, use a 
title incorporating the words "chemical dependency counselor" or 
"licensed chemical dependency counselor" or otherwise hold 
themselves out to the public by any title or description stating 
or implying that they are licensed to engage in the practice of 
chemical dependency counseling. 
    Subd. 2.  [STUDENTS.] Nothing in sections 1 to 11 shall 
prevent students enrolled in an accredited school of chemical 
dependency counseling from engaging in the practice of chemical 
dependency counseling under qualified supervision in an 
accredited school of chemical dependency counseling.  
    Subd. 3.  [FEDERALLY RECOGNIZED TRIBES AND PRIVATE 
NONPROFIT AGENCIES WITH A MINORITY FOCUS.] (a) The licensing of 
chemical dependency counselors who are employed by federally 
recognized tribes shall be voluntary.  
    (b) The commissioner shall develop special licensing 
criteria for issuance of a license to chemical dependency 
counselors who:  (1) are members of ethnic minority groups; and 
(2) are employed by private, nonprofit agencies, including 
agencies operated by private, nonprofit hospitals, whose primary 
agency service focus addresses ethnic minority populations.  
These licensing criteria may differ from the licensing criteria 
specified in section 5.  To develop these criteria, the 
commissioner shall establish a committee comprised of 
representatives from the council on hearing impaired, the 
council on affairs of Spanish-speaking people, the council on 
Asian-Pacific Minnesotans, the council on Black Minnesotans, and 
the Indian affairs council. 
    Subd. 4.  [HOSPITAL CHEMICAL DEPENDENCY COUNSELORS.] Except 
as provided in subdivision 4, paragraph (b), the licensing of 
hospital chemical dependency counselors shall be voluntary.  
Hospitals employing chemical dependency counselors shall not be 
required to employ licensed chemical dependency counselors, nor 
shall they require their chemical dependency counselors to be 
licensed. 
    Sec. 13.  Minnesota Statutes 1990, section 595.02, 
subdivision 1, is amended to read: 
    Subdivision 1.  [COMPETENCY OF WITNESSES.] Every person of 
sufficient understanding, including a party, may testify in any 
action or proceeding, civil or criminal, in court or before any 
person who has authority to receive evidence, except as provided 
in this subdivision: 
    (a) A husband cannot be examined for or against his wife 
without her consent, nor a wife for or against her husband 
without his consent, nor can either, during the marriage or 
afterwards, without the consent of the other, be examined as to 
any communication made by one to the other during the marriage. 
This exception does not apply to a civil action or proceeding by 
one against the other, nor to a criminal action or proceeding 
for a crime committed by one against the other or against a 
child of either or against a child under the care of either 
spouse, nor to a criminal action or proceeding in which one is 
charged with homicide or an attempt to commit homicide and the 
date of the marriage of the defendant is subsequent to the date 
of the offense, nor to an action or proceeding for nonsupport, 
neglect, dependency, or termination of parental rights.  
    (b) An attorney cannot, without the consent of the 
attorney's client, be examined as to any communication made by 
the client to the attorney or the attorney's advice given 
thereon in the course of professional duty; nor can any employee 
of the attorney be examined as to the communication or advice, 
without the client's consent.  
    (c) A member of the clergy or other minister of any 
religion shall not, without the consent of the party making the 
confession, be allowed to disclose a confession made to the 
member of the clergy or other minister in a professional 
character, in the course of discipline enjoined by the rules or 
practice of the religious body to which the member of the clergy 
or other minister belongs; nor shall a member of the clergy or 
other minister of any religion be examined as to any 
communication made to the member of the clergy or other minister 
by any person seeking religious or spiritual advice, aid, or 
comfort or advice given thereon in the course of the member of 
the clergy's or other minister's professional character, without 
the consent of the person.  
    (d) A licensed physician or surgeon, dentist, or 
chiropractor shall not, without the consent of the patient, be 
allowed to disclose any information or any opinion based thereon 
which the professional acquired in attending the patient in a 
professional capacity, and which was necessary to enable the 
professional to act in that capacity; after the decease of the 
patient, in an action to recover insurance benefits, where the 
insurance has been in existence two years or more, the 
beneficiaries shall be deemed to be the personal representatives 
of the deceased person for the purpose of waiving this 
privilege, and no oral or written waiver of the privilege shall 
have any binding force or effect except when made upon the trial 
or examination where the evidence is offered or received.  
    (e) A public officer shall not be allowed to disclose 
communications made to the officer in official confidence when 
the public interest would suffer by the disclosure.  
    (f) Persons of unsound mind and persons intoxicated at the 
time of their production for examination are not competent 
witnesses if they lack capacity to remember or to relate 
truthfully facts respecting which they are examined. 
    (g) A registered nurse, psychologist or consulting 
psychologist shall not, without the consent of the 
professional's client, be allowed to disclose any information or 
opinion based thereon which the professional has acquired in 
attending the client in a professional capacity, and which was 
necessary to enable the professional to act in that capacity. 
    (h) An interpreter for a person handicapped in 
communication shall not, without the consent of the person, be 
allowed to disclose any communication if the communication 
would, if the interpreter were not present, be privileged.  For 
purposes of this section, a "person handicapped in 
communication" means a person who, because of a hearing, speech 
or other communication disorder, or because of the inability to 
speak or comprehend the English language, is unable to 
understand the proceedings in which the person is required to 
participate.  The presence of an interpreter as an aid to 
communication does not destroy an otherwise existing privilege. 
    (i) Licensed chemical dependency counselors shall not 
disclose information or an opinion based on the information 
which they acquire from persons consulting them in their 
professional capacities, and which was necessary to enable them 
to act in that capacity, except that they may do so:  
    (1) when informed consent has been obtained in writing, 
except in those circumstances in which not to do so would 
violate the law or would result in clear and imminent danger to 
the client or others; 
    (2) when the communications reveal the contemplation or 
ongoing commission of a crime; or 
    (3) when the consulting person waives the privilege by 
bringing suit or filing charges against the licensed 
professional whom that person consulted.  
    (j) A parent or the parent's minor child may not be 
examined as to any communication made in confidence by the minor 
to the minor's parent.  A communication is confidential if made 
out of the presence of persons not members of the child's 
immediate family living in the same household.  This exception 
may be waived by express consent to disclosure by a parent 
entitled to claim the privilege or by the child who made the 
communication or by failure of the child or parent to object 
when the contents of a communication are demanded.  This 
exception does not apply to a civil action or proceeding by one 
spouse against the other or by a parent or child against the 
other, nor to a proceeding to commit either the child or parent 
to whom the communication was made or to place the person or 
property or either under the control of another because of an 
alleged mental or physical condition, nor to a criminal action 
or proceeding in which the parent is charged with a crime 
committed against the person or property of the communicating 
child, the parent's spouse, or a child of either the parent or 
the parent's spouse, or in which a child is charged with a crime 
or act of delinquency committed against the person or property 
of a parent or a child of a parent, nor to an action or 
proceeding for termination of parental rights, nor any other 
action or proceeding on a petition alleging child abuse, child 
neglect, abandonment or nonsupport by a parent.  
    (j) (k) Sexual assault counselors may not be compelled to 
testify about any opinion or information received from or about 
the victim without the consent of the victim.  However, a 
counselor may be compelled to identify or disclose information 
in investigations or proceedings related to neglect or 
termination of parental rights if the court determines good 
cause exists.  In determining whether to compel disclosure, the 
court shall weigh the public interest and need for disclosure 
against the effect on the victim, the treatment relationship, 
and the treatment services if disclosure occurs.  Nothing in 
this clause exempts sexual assault counselors from compliance 
with the provisions of sections 626.556 and 626.557.  
    "Sexual assault counselor" for the purpose of this section 
means a person who has undergone at least 40 hours of crisis 
counseling training and works under the direction of a 
supervisor in a crisis center, whose primary purpose is to 
render advice, counseling, or assistance to victims of sexual 
assault.  
    (k) (l) A person cannot be examined as to any communication 
or document, including worknotes, made or used in the course of 
or because of mediation pursuant to an agreement to mediate.  
This does not apply to the parties in the dispute in an 
application to a court by a party to have a mediated settlement 
agreement set aside or reformed.  A communication or document 
otherwise not privileged does not become privileged because of 
this paragraph.  This paragraph is not intended to limit the 
privilege accorded to communication during mediation by the 
common law. 
    (l) (m) A child under ten years of age is a competent 
witness unless the court finds that the child lacks the capacity 
to remember or to relate truthfully facts respecting which the 
child is examined.  A child describing any act or event may use 
language appropriate for a child of that age. 
    Sec. 14.  [APPROPRIATION.] 
    $217,000 is appropriated from the state government special 
revenue fund to the commissioner of human services for the 
purposes of sections 1 to 13.  The complement of the department 
of human services is increased by four positions. 
    Sec. 15.  [EFFECTIVE DATE.] 
    Sections 2 and 3 are effective the day following final 
enactment.  
    Sections 1 and 4 to 14 are effective July 1, 1993. 
    Presented to the governor April 17, 1992 
    Signed by the governor April 27, 1992, 2:06 p.m.