Office of the Revisor of Statutes
Minnesota Session Laws - 1995, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 164-H.F.No. 1442
An act relating to health; occupations and
professions; modifying provisions relating to the
office of mental health practice; licensing of
chemical dependency counselors and hearing instrument
dispensers; establishing an advisory council;
providing penalties; amending Minnesota Statutes 1994,
sections 148B.66, subdivision 1; 148B.68, subdivision
1; 148C.01; 148C.02; 148C.03, subdivision 1, and by
adding a subdivision; 148C.04, subdivisions 1, 2, 3,
and 4; 148C.05; 148C.06; 148C.07; 148C.08; 148C.09;
148C.10; 148C.11; 153A.13; 153A.14; 153A.15,
subdivisions 1 and 2; 153A.17; 153A.18; 153A.19;
214.01, subdivision 2; 214.10, subdivision 8; and
214.103, subdivision 1; proposing coding for new law
in Minnesota Statutes, chapters 148C; and 153A;
repealing Minnesota Statutes 1994, sections 148B.62;
148C.01, subdivision 8; 148C.03, subdivisions 2 and 3;
148C.035; 148C.09, subdivision 3; and 153A.19,
subdivision 1; Minnesota Rules, chapters 4692; and
4745.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 1994, section 148B.66,
subdivision 1, is amended to read:
Subdivision 1. [COOPERATION.] An unlicensed mental health
practitioner who is the subject of an investigation, or who is
questioned in connection with an investigation, by or on behalf
of the office of mental health practice shall cooperate fully
with the investigation. Cooperation includes responding fully
and promptly to any question raised by or on behalf of the
office relating to the subject of the investigation, whether
tape recorded or not, and providing copies of client records, as
reasonably requested by the office, to assist the office in its
investigation, and appearing at conferences or hearings
scheduled by the commissioner. If the office does not have a
written consent from a client permitting access to the client's
records, the unlicensed mental health practitioner shall delete
any data in the record that identifies the client before
providing it to the board office. The office shall maintain any
records obtained pursuant to this section as investigative data
pursuant to section 13.41. If an unlicensed mental health
practitioner refuses to give testimony or produce any documents,
books, records, or correspondence on the basis of the fifth
amendment to the Constitution of the United States, the
commissioner may compel the unlicensed mental health
practitioner to provide the testimony or information; however,
the testimony or evidence may not be used against the
practitioner in any criminal proceeding. Challenges to requests
of the office may be brought before the appropriate agency or
court.
Sec. 2. Minnesota Statutes 1994, section 148B.68,
subdivision 1, is amended to read:
Subdivision 1. [PROHIBITED CONDUCT.] The commissioner may
impose disciplinary action as described in section 148B.69
against any unlicensed mental health practitioner. The
following conduct is prohibited and is grounds for disciplinary
action:
(a) Conviction of a crime, including a finding or verdict
of guilt, an admission of guilt, or a no contest plea, in any
court in Minnesota or any other jurisdiction in the United
States, reasonably related to the provision of mental health
services. Conviction, as used in this subdivision, includes a
conviction of an offense which, if committed in this state,
would be deemed a felony or gross misdemeanor without regard to
its designation elsewhere, or a criminal proceeding where a
finding or verdict of guilty is made or returned but the
adjudication of guilt is either withheld or not entered.
(b) Conviction of crimes against persons. For purposes of
this chapter, a crime against a person means violations of the
following: sections 609.185; 609.19; 609.195; 609.20; 609.205;
609.21; 609.215; 609.221; 609.222; 609.223; 609.224; 609.23;
609.231; 609.235; 609.24; 609.245; 609.25; 609.255; 609.26,
subdivision 1, clause (1) or (2); 609.265; 609.342; 609.343;
609.344; 609.345; 609.365; 609.498, subdivision 1; 609.50,
clause (1); 609.561; 609.562; and 609.595.
(c) Failure to comply with the self-reporting requirements
of section 148B.63, subdivision 6 7.
(d) Engaging in sexual contact with a client or former
client as defined in section 148A.01, or engaging in contact
that may be reasonably interpreted by a client as sexual, or
engaging in any verbal behavior that is seductive or sexually
demeaning to the patient, or engaging in sexual exploitation of
a client or former client.
(e) Advertising that is false, fraudulent, deceptive, or
misleading.
(f) Conduct likely to deceive, defraud, or harm the public;
or demonstrating a willful or careless disregard for the health,
welfare, or safety of a client; or any other practice that may
create unnecessary danger to any client's life, health, or
safety, in any of which cases, proof of actual injury need not
be established.
(g) Adjudication as mentally incompetent, or as a person
who is dangerous to self, or adjudication pursuant to chapter
253B, as chemically dependent, mentally ill, mentally retarded,
mentally ill and dangerous to the public, or as a sexual
psychopathic personality or sexually dangerous person.
(h) Inability to provide mental health services with
reasonable safety to clients.
(i) The habitual overindulgence in the use of or the
dependence on intoxicating liquors.
(j) Improper or unauthorized personal or other use of any
legend drugs as defined in chapter 151, any chemicals as defined
in chapter 151, or any controlled substance as defined in
chapter 152.
(k) Revealing a communication from, or relating to, a
client except when otherwise required or permitted by law.
(l) Failure to comply with a client's request made under
section 144.335, or to furnish a client record or report
required by law.
(m) Splitting fees or promising to pay a portion of a fee
to any other professional other than for services rendered by
the other professional to the client.
(n) Engaging in abusive or fraudulent billing practices,
including violations of the federal Medicare and Medicaid laws
or state medical assistance laws.
(o) Failure to make reports as required by section 148B.63,
or cooperate with an investigation of the office.
(p) Obtaining money, property, or services from a client,
other than reasonable fees for services provided to the client,
through the use of undue influence, harassment, duress,
deception, or fraud.
(q) Undertaking or continuing a professional relationship
with a client in which the objectivity of the professional would
be impaired.
(r) Failure to provide the client with a copy of the client
bill of rights or violation of any provision of the client bill
of rights.
(s) Violating any order issued by the commissioner.
(t) Failure to comply with sections 148B.60 to 148B.71, and
the rules adopted under those sections.
(u) Failure to comply with any additional disciplinary
grounds established by the commissioner by rule.
(v) Revocation, suspension, restriction, limitation, or
other disciplinary action against the mental health
practitioner's license, certificate, registration, or right of
practice in this or another state or jurisdiction, for offenses
that would be subject to disciplinary action in this state, or
failure to report to the office of mental health practice that
charges regarding the practitioner's license, certificate,
registration, or right of practice have been brought in this or
another state or jurisdiction.
Sec. 3. Minnesota Statutes 1994, section 148C.01, is
amended to read:
148C.01 [DEFINITIONS.]
Subdivision 1. [APPLICABILITY DEFINITIONS.] For the
purposes of sections 148C.01 to 148C.11 and 595.02, subdivision
1, the following terms have the meanings given them.
Subd. 2. [LICENSED CHEMICAL DEPENDENCY ALCOHOL AND DRUG
COUNSELOR.] "Licensed chemical dependency Alcohol and drug
counselor" or "counselor" means a person who:
(1) uses, as a representation to the public, any title or
description of services incorporating the words "licensed
chemical dependency alcohol and drug counselor";
(2) offers to render professional chemical dependency
alcohol and drug counseling services relative to the abuse of or
the dependency on alcohol or other drugs to the general public
or groups, organizations, corporations, institutions, or
government agencies for compensation, implying that the person
is licensed and trained, experienced or expert in chemical
dependency alcohol and drug counseling; and
(3) holds a valid license issued under sections 148C.01 to
148C.11 to engage in the practice of chemical dependency alcohol
and drug counseling; or
(4) is an applicant for an alcohol and drug counseling
license.
Subd. 3. [OTHER TITLES.] For the purposes of sections
148C.01 to 148C.11 and 595.02, subdivision 1, all individuals,
except as provided in section 148C.11, who practice chemical
dependency counseling as defined in subdivision 2, regardless of
their titles, shall be covered by sections 148C.01 to 148C.11.
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. maladaptive pattern of substance use,
leading to clinically significant impairment or distress, as
manifested by three or more of the following occurring at any
time in the same 12-month period:
(a) tolerance, as defined by either of the following:
(1) a need for markedly increased amounts of the substance
to achieve intoxication or desired effect; or
(2) a markedly diminished effect with continued use of the
same amount of the substance;
(b) withdrawal, as manifested by either of the following:
(1) the characteristic withdrawal syndrome for the
substance, as referred to in the most current edition of the
Diagnostic and Statistical Manual of Mental Disorders; or
(2) the same or closely related substance is taken to
relieve or avoid withdrawal symptoms;
(c) the substance is often taken in larger amounts or over
a longer period than was intended;
(d) a persistent desire or unsuccessful efforts to cut down
or control substance use;
(e) a great deal of time is spent in activities necessary
to obtain the substance, use the substance, or recover from its
effects;
(f) important social, occupational, or recreational
activities are given up or reduced because of the substance use;
or
(g) substance use continues despite knowledge of having had
a persistent or recurrent physical or psychological problem that
was likely to have been caused or exacerbated by the substance.
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. maladaptive pattern of substance use leading to clinically
significant impairment or distress, as manifested by one or more
of the following occurring at any time during the same 12-month
period:
(1) recurrent substance use resulting in a failure to
fulfill major role obligations at work, school, or home;
(2) recurrent substance use in situations in which it is
physically hazardous;
(3) recurrent substance-related legal problems; and
(4) continued substance use despite having persistent or
recurrent social or interpersonal problems caused or exacerbated
by the effects of the substance.
For substance use to be considered abuse, the individual must
never have met the criteria for dependence in subdivision 4 for
the class of substance in question.
Subd. 6. [COMMISSIONER.] "Commissioner" means the
commissioner of health, or a designee.
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 alcohol and drug counseling or
other educational program that has been recognized by the
commissioner, university, college, or other post-secondary
education program that offers no less than the required number
of education and practicum hours as described in section
148C.04, subdivision 3, and the core functions as defined in
subdivision 9, and that, at the time the student completes the
program, is accredited by a regional accrediting association
whose standards are substantially equivalent to those of the
North Central Association of Colleges and Post-Secondary
Education Institutions or an accrediting association that
evaluates schools of alcohol and drug counseling for inclusion
of the education, practicum, and core function standards in this
chapter.
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 alcohol and
drug dependency treatment:
(1) "Screening" means the process by which a client is
determined appropriate and eligible for admission to a
particular program.;
(2) "Intake" means the administrative and initial
assessment procedures for admission to a program.;
(3) "Orientation" means describing to the client the
general nature and goals of the program; rules governing client
conduct and infractions that can lead to disciplinary action or
discharge from the program; in a nonresidential program, the
hours during which services are available; treatment costs to be
borne by the client, if any; and client's rights.;
(4) "Assessment" means those procedures by which a
counselor identifies and evaluates an individual's strengths,
weaknesses, problems, and needs for the development of the
treatment plan.;
(5) "Treatment planning" means the process by which the
counselor and the client identify and rank problems needing
resolution; establish agreed upon immediate and long-term goals;
and decide on a treatment process and the sources to be
utilized.;
(6) "Counseling" means the utilization of special skills to
assist individuals, families, or groups in achieving objectives
through exploration of a problem and its ramifications;
examination of attitudes and feelings; consideration of
alternative solutions; and decision making.;
(7) "Case management" means activities which bring
services, agencies, resources, or people together within a
planned framework of action toward the achievement of
established goals.;
(8) "Crisis intervention" means those services which
respond to an alcohol or other drug user's needs during acute
emotional or physical distress.;
(9) "Client education" means the provision of information
to clients who are receiving or seeking counseling concerning
alcohol and other drug abuse and the available services and
resources.;
(10) "Referral" means identifying the needs of the client
which cannot be met by the counselor or agency and assisting the
client to utilize the support systems and available community
resources.;
(11) "Reports and record keeping" means charting the
results of the assessment and treatment plan, writing reports,
progress notes, discharge summaries, and other client-related
data.; and
(12) "Consultation with other professionals regarding
client treatment and services" means communicating with other
professionals in regard to client treatment and services to
assure comprehensive, quality care for the client.
Subd. 10. [PRACTICE OF ALCOHOL AND DRUG
COUNSELING.] "Practice of alcohol and drug counseling" means the
observation, description, evaluation, interpretation, and
modification of human behavior as it relates to the harmful or
pathological use or abuse of alcohol or other drugs by the
application of the core functions. The practice of alcohol and
drug counseling includes, but is not limited to, the following
activities, regardless of whether the counselor receives
compensation for the activities:
(1) assisting clients who use alcohol or drugs, evaluating
that use, and recognizing dependency if it exists;
(2) assisting clients with alcohol or other drug problems
to gain insight and motivation aimed at resolving those
problems;
(3) providing experienced professional guidance,
assistance, and support for the client's efforts to develop and
maintain a responsible functional lifestyle;
(4) recognizing problems outside the scope of the
counselor's training, skill, or competence and referring the
client to other appropriate professional services;
(5) assessing the level of alcohol or other drug use
involvement;
(6) individual planning to prevent a return to harmful
alcohol or chemical use;
(7) alcohol and other drug abuse education for clients;
(8) consultation with other professionals; and
(9) providing the above services, as needed, to family
members or others who are directly affected by someone using
alcohol or other drugs.
Subd. 11. [SEXUAL CONTACT.] "Sexual contact" means contact
as defined in section 148A.01 with a client or former client, or
engaging in contact that may reasonably be interpreted by a
client as sexual, or engaging in any verbal behavior that is
seductive or sexually demeaning to the client, or engaging in
sexual exploitation of a client or former client.
Subd. 12. [SUPERVISED ALCOHOL AND DRUG COUNSELING
EXPERIENCE.] Except during the transition period, "supervised
alcohol and drug counseling experience" means practical
experience gained by a student, volunteer, or intern, and
supervised by a person licensed under this chapter; either
before, during, or after the student completes a program from an
accredited school or education program of alcohol and drug
counseling.
Subd. 13. [ALCOHOL AND DRUG COUNSELING
PRACTICUM.] "Alcohol and drug counseling practicum" means formal
experience gained by a student and supervised by a person
licensed under this chapter, in an accredited school or program
of alcohol and drug counseling as part of the education
requirements of this chapter.
Subd. 14. [APPLICANT.] "Applicant" means a person seeking
a license under this chapter.
Subd. 15. [CLIENT.] "Client" means an individual who is
the recipient of any of the alcohol and drug counseling services
described in section 148C.01.
Subd. 16. [COMPENSATION.] "Compensation" means a fee,
salary, reward, payment, or the expectation of payment from a
client or a client's agent, insurer, employer, or other
representative for providing alcohol and drug counseling
services. Compensation does not include bartering for services.
Sec. 4. [148C.015] [SCOPE; DEFINITIONS.]
Before engaging in the practice of alcohol and drug
counseling as defined in section 148C.01, all persons, except as
provided in section 148C.11, regardless of their titles, must
obtain a license as provided in this chapter.
Sec. 5. Minnesota Statutes 1994, section 148C.02, is
amended to read:
148C.02 [CHEMICAL DEPENDENCY COUNSELING ALCOHOL AND DRUG
COUNSELORS LICENSING ADVISORY COUNCIL.]
Subdivision 1. [MEMBERSHIP; STAFF.] (a) The chemical
dependency counseling alcohol and drug counselors licensing
advisory council consists of 13 members. The commissioner shall
appoint:
(1) except for those members initially appointed, seven
members who must be licensed chemical alcohol and drug
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 alcohol and drug dependency training
program; and
(4) one member who must be a former consumer of chemical
alcohol and drug 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.
(b) The provision of staff, administrative services, and
office space are as provided in chapter 214.
Subd. 2. [DUTIES.] (a) The commissioner, after
consultation with the advisory council, shall:
(1) develop rules for the licensure of chemical dependency
counselors; and provide advice and recommendations to the
commissioner on the development of rules for the licensure of
alcohol and drug counselors;
(2) administer or contract for the competency testing,
licensing, and ethical review of chemical dependency counselors.
provide advice and recommendations to the commissioner on the
development of standards and procedures for the competency
testing, licensing, and review of alcohol and drug counselors'
professional conduct;
(3) provide advice and recommendations to the commissioner
in disciplinary cases in the areas of counselor competency
issues, counselor practice issues, and counselor impairment
issues.
(b) The advisory council shall form an education committee,
including a chair, and shall advise the commissioner on the
administration of education requirements in section 148C.05,
subdivision 2.
Subd. 3. [TERMS.] The terms, compensation, and removal of
members shall be as provided in section 15.059, except that
notwithstanding any contrary law, the advisory council shall not
expire.
Sec. 6. Minnesota Statutes 1994, section 148C.03,
subdivision 1, is amended to read:
Subdivision 1. [GENERAL.] The commissioner shall, after
consultation with the advisory council or a subcommittee or the
special licensing criteria committee established under section
148C.11, subdivision 3, paragraph (b):
(a) adopt and enforce rules for licensure of chemical
dependency alcohol and drug counselors and for, including
establishing standards and methods of determining whether
applicants and licensees are qualified under section 148C.04.
The rules must provide for examinations and establish standards
for the 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 148C.04. The rules must provide for examinations;
establish standards for professional conduct, including adoption
of a professional code of ethics; and provide for sanctions as
described in section 148C.09;
(c) hold or contract for the administration of examinations
at least twice a year to assess applicants' knowledge and
skills. The examinations must be written and oral and may be
administered by the commissioner or by a nonprofit agency
private organization 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 alcohol and drug
counseling;
(d) (c) issue licenses to individuals qualified under
sections 148C.01 to 148C.11;
(e) (d) issue copies of the rules for licensure to all
applicants;
(f) (e) adopt rules to 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 rules of
professional conduct;
(g) establish, maintain, and publish annually a register of
current licensees;
(f) carry out disciplinary actions against licensees;
(g) establish, with the advice and recommendations of the
advisory council, written internal operating procedures for
receiving and investigating complaints and for taking
disciplinary actions as appropriate. Establishment of the
operating procedures are not subject to rulemaking procedures
under chapter 14;
(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) (i) evaluate the rules in order to refine and improve
the methods used to enforce the commissioner's standards.;
(j) set, collect, and adjust license fees for alcohol and
drug counselors so that the total fees collected will as closely
as possible equal anticipated expenditures during the biennium,
as provided in section 16A.1285; fees for initial and renewal
application and examinations; late fees for counselors who
submit license renewal applications after the renewal deadline;
and a surcharge fee. The surcharge fee 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 alcohol and drug counselors. All
fees received shall be deposited in the state treasury and
credited to the special revenue fund; and
(k) prepare reports on activities related to the licensure
of alcohol and drug 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 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 the activities;
(2) the number of staff hours spent on the 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 commissioner
or who were denied licensing, the reasons for the licensing or
denial, and 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;
and
(16) any other objective information which the commissioner
believes will be useful in reviewing the commissioner's
activities.
Sec. 7. Minnesota Statutes 1994, section 148C.03, is
amended by adding a subdivision to read:
Subd. 4. [PROFESSIONAL ACCOUNTABILITY.] The commissioner
shall maintain and keep current a file containing the reports
and complaints filed against alcohol and drug counselors within
the commissioner's jurisdiction.
Sec. 8. [148C.0351] [PROCEDURES FOR ADMISSION TO
LICENSURE.]
Subdivision 1. [APPLICATION FORMS.] Unless exempted under
section 148C.11, a person who practices alcohol and drug
counseling in Minnesota must:
(1) apply to the commissioner for a license to practice
alcohol and drug counseling on forms provided by the
commissioner;
(2) include with the application a statement that the
statements in the application are true and correct to the best
of the applicant's knowledge and belief;
(3) include with the application a nonrefundable
application fee specified by the commissioner;
(4) include with the application information describing the
applicant's experience, including the number of years and months
the applicant has practiced alcohol and drug counseling as
defined in section 148C.01;
(5) include with the application the applicant's business
address and telephone number, or home address and telephone
number if the applicant conducts business out of the home, and
if applicable, the name of the applicant's supervisor, manager,
and employer;
(6) include with the application a written and signed
authorization for the commissioner to make inquiries to
appropriate state regulatory agencies and private credentialing
organizations in this or any other state where the applicant has
practiced alcohol and drug counseling; and
(7) complete the application in sufficient detail for the
commissioner to determine whether the applicant meets the
requirements for filing. The commissioner may ask the applicant
to provide additional information necessary to clarify
incomplete or ambiguous information submitted in the application.
Subd. 2. [FEE FOR LATE RENEWAL.] A licensee must pay a
late fee and the renewal fee set by rule.
Subd. 3. [REQUIREMENT TO MAINTAIN CURRENT INFORMATION.] An
alcohol and drug counselor must notify the commissioner with 30
days of the occurrence of any of the following:
(1) a change of name, address, place of employment, and
home or business telephone number; and
(2) a settlement or award based on negligent or intentional
acts committed in providing alcohol and drug counseling services.
Sec. 9. Minnesota Statutes 1994, section 148C.04,
subdivision 1, is amended to read:
Subdivision 1. [GENERAL REQUIREMENTS.] The commissioner
shall issue licenses to the individuals qualified under sections
148C.01 to 148C.11 to practice chemical dependency alcohol and
drug counseling.
Sec. 10. Minnesota Statutes 1994, section 148C.04,
subdivision 2, is amended to read:
Subd. 2. [FEE.] Each applicant shall pay a nonrefundable
fee set by the commissioner pursuant to section 148C.03. Fees
paid to the commissioner shall be deposited in the special
revenue fund.
Sec. 11. Minnesota Statutes 1994, section 148C.04,
subdivision 3, is amended to read:
Subd. 3. [LICENSING REQUIREMENTS FOR CHEMICAL DEPENDENCY
COUNSELOR ALCOHOL AND DRUG COUNSELORS; EVIDENCE.] (a) To be
licensed as a chemical dependency counselor, an applicant must
meet For five years after the effective date of the rules
authorized in section 148C.03, the applicant, unless qualified
for initial licensure under this subdivision, must furnish
evidence satisfactory to the commissioner that the applicant has
met all 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 alcohol and drug counseling education from
an accredited school or educational program and 880 clock hours
of chemical dependency practicum.;
(2) The applicant must have completed a written case
presentation and satisfactorily passed an oral examination that
demonstrates competence in the 12 core functions.; and
(3) The applicant must have satisfactorily passed a written
examination as established by the commissioner.
(b) To be licensed as a chemical dependency counselor
Unless the applicant qualifies for licensure under this
subdivision, an applicant must furnish evidence satisfactory to
the commissioner that the applicant has met the requirements of
paragraph (a), clauses (1) to (3).
Beginning two years after the effective date of the rules
authorized in section 148C.03, subdivision 1, no person may be
licensed without meeting the requirements in section 148C.04,
subdivision 4, paragraph (a), clauses (2) and (3), or the
special licensing criteria established pursuant to section
148C.11, subdivision 4.
Sec. 12. Minnesota Statutes 1994, section 148C.04,
subdivision 4, is amended to read:
Subd. 4. [ADDITIONAL LICENSING REQUIREMENTS.] Beginning
five years after the effective date of the rules authorized in
section 148C.03, subdivision 1, an applicant for licensure must
have received a bachelor's degree in a human services area from
an accredited school or educational program, and must have
completed 480 clock hours of chemical dependency alcohol and
drug counseling education from an accredited school or
educational program and 880 clock hours of chemical dependency
alcohol and drug counseling practicum.
Sec. 13. Minnesota Statutes 1994, section 148C.05, is
amended to read:
148C.05 [LICENSE RENEWAL REQUIREMENTS; LAPSE.]
Subdivision 1. [RENEWAL REQUIREMENTS.] Licensees shall
renew licenses at the time and in the manner established by the
commissioner. To renew a license, an applicant must:
(1) annually complete a renewal application on a form
provided by the commissioner and submit the annual renewal fee
by the deadline; and
(2) submit additional information if requested by the
commissioner to clarify information presented in the renewal
application. This information must be submitted within 30 days
of the commissioner's request.
Subd. 2. [CONTINUING EDUCATION.] At the time of
renewal, if required, each licensee shall furnish evidence
satisfactory to the commissioner that the licensee has completed
at least the equivalent of 40 clock hours of continuing
professional postdegree education every during the past two
years, in programs approved by the commissioner, after
consultation with the education committee, and that the licensee
continues to be qualified to practice under sections 148C.01 to
148C.11.
Subd. 3. [LATE RENEWALS.] The deadline to renew licensure
is the date set by the commissioner. An application submitted
after that date but before the renewal deadline shall be a late
renewal and must be accompanied by a late fee as required in
section 148C.0351, subdivision 2.
Subd. 4. [LAPSE IN LICENSURE.] An applicant's license
shall lapse if the renewal application is not received by the
date set by the commissioner. An applicant whose license has
lapsed less than two years must meet all the requirements of
this chapter except the examination requirements of section
148C.04. An applicant whose license has lapsed for two years or
more must meet all the requirements of this chapter except the
continuing education requirement of subdivision 2. License
renewal fees of applicants whose license has lapsed shall not be
prorated over the time remaining in the annual licensure period.
Sec. 14. Minnesota Statutes 1994, section 148C.06, is
amended to read:
148C.06 [TRANSITION PERIOD.]
For two years from the effective date of the rules
authorized in section 148C.03, subdivision 1, 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 alcohol and drug counselor experience as defined by
the 12 core functions, 270 clock hours of chemical dependency
alcohol and drug training with a minimum of 60 hours of this
training occurring within the past five years, 300 hours
of chemical dependency alcohol and drug practicum, and has
successfully completed the requirements in section 148C.04,
subdivision 3, paragraph (a), clauses (2) and (3);
(c) has five years or 10,000 hours of chemical dependency
supervised alcohol and drug counselor experience as defined by
the 12 core functions, 270 clock hours of chemical dependency
alcohol and drug training with a minimum of 60 hours of this
training occurring with the past five years, and has
successfully completed the requirements in section 148C.04,
subdivision 3, paragraph (a), clause (2) or (3), 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 alcohol and drug counselor experience as defined by
the 12 core functions and 270 clock hours of chemical dependency
alcohol and drug training with a minimum of 60 hours of this
training occurring within the past five years; or
(e) has met the special licensing criteria established
pursuant to section 148C.11.
Beginning two years after the effective date of the rules
authorized in section 148C.03, subdivision 1, no person may be
licensed without meeting the requirements in section 148C.04,
subdivision 3, paragraph (a), clauses (2) and (3).
Sec. 15. Minnesota Statutes 1994, section 148C.07, is
amended to read:
148C.07 [RECIPROCITY.]
The commissioner shall issue an appropriate license to an
individual who holds a current license or other credential to
engage in alcohol and drug counseling from another jurisdiction
if the commissioner finds that the requirements for that
credential are substantially similar to the requirements in
sections 148C.01 to 148C.11.
Sec. 16. Minnesota Statutes 1994, section 148C.08, is
amended to read:
148C.08 [NONTRANSFERABILITY OF LICENSES.]
A chemical dependency An alcohol and drug counselor license
is not transferable.
Sec. 17. Minnesota Statutes 1994, section 148C.09, is
amended to read:
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 alcohol
and drug counseling practice or is found to be engaged
in chemical dependency alcohol and drug 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; or any law,
rule order, stipulation and consent order, agreement, or
settlement;
(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 to be submitted to the commissioner for licensing or
license renewal; or
(5) has failed to obtain continuing education credits
required by the commissioner.;
(6) has failed to demonstrate the qualifications or satisfy
the requirements for a license contained in this chapter or
rules of the commissioner. The burden of proof shall be upon
the applicant to demonstrate qualifications or satisfaction of
requirements;
(7) has been convicted of a crime, including a finding or
verdict of guilt, an admission of guilt, or a no contest plea,
in any court in Minnesota or any other jurisdiction in the
United States, reasonably related to the provision of alcohol
and drug counseling services. Conviction, as used in this
subdivision, includes conviction of an offense which, if
committed in this state, would be deemed a felony or gross
misdemeanor without regard to its designation elsewhere, or a
criminal proceeding where a finding or verdict of guilty is made
or returned but the adjudication of guilt is either withheld or
not entered;
(8) has been convicted of a crime against another person.
For purposes of this chapter, a crime against another person
means an offense listed in section 148B.68, subdivision 1,
paragraph (b);
(9) has failed to comply with the self-reporting
requirements of section 148C.095, subdivision 7;
(10) has engaged in sexual contact with a client, or a
former client, as defined in section 148A.01, or has engaged in
conduct that may be reasonably interpreted by a client as
sexual, or has engaged in any verbal behavior that is seductive
or sexually demeaning to the client, or has engaged in sexual
exploitation of a client or former client;
(11) has engaged in false, fraudulent, deceptive, or
misleading advertising;
(12) has engaged in conduct likely to deceive, defraud, or
harm the public; or has demonstrated a willful or careless
disregard for the health, welfare, or safety of a client; or any
other practice that may create unnecessary danger to any
client's life, health, or safety, in any of which cases, proof
of actual injury need not be established;
(13) has been adjudicated as mentally incompetent, or as a
person who has a psychopathic personality, or who is dangerous
to self, or has been adjudicated as chemically dependent,
mentally ill, mentally retarded, or mentally ill and dangerous
to the public pursuant to chapter 253B;
(14) is unable to provide alcohol and drug counseling
services with reasonable safety to clients;
(15) is habitually overindulgent in the use of or the
dependence on alcohol;
(16) has engaged in the improper or unauthorized personal
or other use of any legend drugs as defined in section 151.01,
any chemicals as defined in section 151.01, or any controlled
substance as defined in section 152.01;
(17) reveals a communication from, or relating to, a client
except when required or permitted by law;
(18) fails to comply with a client's request for health
records made under section 144.335, or to furnish a client
record or report required by law;
(19) has engaged in fee splitting or promises to pay a
portion of a fee to any other professional other than for
services rendered by the other professional to the client;
(20) has engaged in abusive or fraudulent billing
practices, including violations of the federal Medicare and
Medicaid laws or state medical assistance laws;
(21) fails to make reports as required by section 148C.095,
or cooperate with an investigation of the commissioner;
(22) obtains money, property, or services from a client,
other than reasonable fees for services provided to the client,
through the use of undue influence, harassment, duress,
deception, or fraud;
(23) undertakes or continues a professional relationship
with a client in which the objectivity of the alcohol and drug
counselor may be impaired;
(24) engages in conduct that constitutes grounds for
discipline as established by the commissioner in rule; or
(25) engages in bartering for services with a client.
Subd. 2. [APPEAL, 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. If a
license is denied, suspended, restricted, or revoked, an
applicant or licensee may request a hearing under the contested
case provisions of chapter 14. The commissioner may, for good
cause demonstrated by the applicant or counselor, grant a
license previously refused, restore a license that has been
revoked, or reduce a period of suspension or restriction of a
license. The commissioner may impose any conditions or
limitations as the commissioner deems reasonable.
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.
Subd. 4. [EVIDENCE.] In disciplinary actions alleging
violations of subdivision 1, paragraph (7), (8), (13), or (14),
a copy of the judgment or proceedings under the seal of the
court administrator or of the administrative agency that entered
the judgment or proceeding is admissible into evidence without
further authentication and constitutes prima facie evidence of
its contents.
Sec. 18. [148C.091] [DISCIPLINARY ACTIONS.]
Subdivision 1. [FORMS OF DISCIPLINARY ACTION.] When the
commissioner finds that an applicant or a licensed alcohol and
drug counselor has violated a provision or provisions of
sections 148C.01 to 148C.11, or rules promulgated under this
chapter, the commissioner may take one or more of the following
actions:
(1) refuse to grant a license;
(2) revoke the license;
(3) suspend the license;
(4) impose limitations or conditions;
(5) impose a civil penalty not exceeding $10,000 for each
separate violation, the amount of the civil penalty to be fixed
so as to deprive the counselor of any economic advantage gained
by reason of the violation charged or to reimburse the
commissioner for all costs of the investigation and proceeding;
including, but not limited to, the amount paid by the
commissioner for services from the office of administrative
hearings, attorney fees, court reports, witnesses, reproduction
of records, advisory council members' per diem compensation,
staff time, and expense incurred by advisory council members and
staff of the department;
(6) order the counselor to provide uncompensated
professional service under supervision at a designated public
hospital, clinic, or other health care institution;
(7) censure or reprimand the counselor; or
(8) any other action justified by the case.
Subd. 2. [DISCOVERY; SUBPOENAS.] In all matters relating
to the commissioner's investigation and enforcement activities
related to alcohol and drug counselors, the commissioner of
health may issue subpoenas and compel the attendance of
witnesses and the production of all necessary papers, books,
records, documents, and other evidentiary materials. Any person
failing or refusing to appear or testify regarding any matter
about which the person may be lawfully questioned or failing to
produce any papers, books, records, documents, or other
evidentiary materials in the matter to be heard, after having
been required by order of the commissioner or by a subpoena of
the commissioner to do so may, upon application by the
commissioner to the district court in any district, be ordered
to comply with the order or subpoena. The commissioner may
administer oaths to witnesses or take their affirmation.
Depositions may be taken within or without the state in the
manner provided by law for the taking of depositions in civil
actions. A subpoena or other process or paper may be served
upon a person it names anywhere within the state by any officer
authorized to serve subpoenas or other process or paper in civil
actions in the same manner as prescribed by law for service of
process issued out of the district court of this state.
Subd. 3. [TEMPORARY SUSPENSION.] In addition to any other
remedy provided by law, the commissioner may, without a hearing,
temporarily suspend the right of an alcohol and drug counselor
to practice if the commissioner finds that the counselor has
violated a statute or rule that the commissioner has authority
to enforce and that continued practice by the practitioner would
create a serious risk of harm to others. The suspension takes
effect upon service of a written order on the practitioner
specifying the statute or rule violated. The order remains in
effect until the commissioner issues a final order in the matter
after a hearing or upon agreement between the commissioner and
the counselor. Service of the order is effective if the order
is served on the counselor or the counselor's attorney either
personally or by first class mail. Within ten days of service
of the order, the commissioner shall hold a hearing on the sole
issue of whether there is a reasonable basis to continue,
modify, or lift the suspension. Evidence presented by the
commissioner or counselor must be by affidavit only. The
counselor or the counselor's attorney of record may appear for
oral argument. Within five working days after the hearing, the
commissioner shall issue an order and, if the suspension is
continued, schedule a contested case hearing within 45 days
after issuance of the order. The administrative law judge shall
issue a report within 30 days after closing of the contested
case hearing record. The commissioner shall issue a final order
within 30 days after receipt of that report, the hearing record,
and any exceptions to the report filed by the parties.
Subd. 4. [AUTOMATIC SUSPENSION.] The right to practice is
automatically suspended if (1) a guardian of an alcohol and drug
counselor is appointed by order of a probate court under
sections 525.54 to 525.61, or (2) the counselor is committed by
order of a probate court under chapter 253B. The right to
practice remains suspended until the counselor is restored to
capacity by a court and, upon petition by the counselor, the
suspension is terminated by the commissioner after a hearing or
upon agreement between the commissioner and the counselor.
Sec. 19. [148C.093] [ADDITIONAL REMEDIES.]
Subdivision 1. [CEASE AND DESIST.] The commissioner may
issue a cease and desist order to stop a person from violating
or threatening to violate a statute, rule, or order which the
commissioner has issued or has authority to enforce. The cease
and desist order must state the reason for its issuance and give
notice of the person's right to request a hearing under sections
14.57 to 14.62. If, within 15 days of service of the order, the
subject of the order fails to request a hearing in writing, the
order is the final order of the commissioner and is not
reviewable by a court or agency.
A hearing must be initiated by the commissioner not later
than 30 days from the date of the commissioner's receipt of a
written hearing request. Within 30 days of receipt of the
administrative law judge's report, and any written agreement or
exceptions filed by the parties, the commissioner shall issue a
final order modifying, vacating, or making permanent the cease
and desist order as the facts require. The final order remains
in effect until modified or vacated by the commissioner.
When a request for a stay accompanies a timely hearing
request, the commissioner may, in the commissioner's discretion,
grant the stay. If the commissioner does not grant a requested
stay, the commissioner shall refer the request to the office of
administrative hearings within three working days of receipt of
the request. Within ten days after receiving the request from
the commissioner, an administrative law judge shall issue a
recommendation to grant or deny the stay. The commissioner
shall grant or deny the stay within five working days of
receiving the administrative law judge's recommendation.
In the event of noncompliance with a cease and desist
order, the commissioner may institute a proceeding in district
court to obtain injunctive relief or other appropriate relief,
including a civil penalty payable to the commissioner not
exceeding $10,000 for each separate violation.
Subd. 2. [INJUNCTIVE RELIEF.] In addition to any other
remedy provided by law, including the issuance of a cease and
desist order under subdivision 1, the commissioner may in the
commissioner's own name bring an action in district court for
injunctive relief to restrain an alcohol and drug counselor from
a violation or threatened violation of any statute, rule, or
order which the commissioner has authority to administer,
enforce, or issue.
Subd. 3. [ADDITIONAL POWERS.] The issuance of a cease and
desist order or injunctive relief granted under this section
does not relieve a counselor from criminal prosecution by a
competent authority or from disciplinary action by the
commissioner.
Sec. 20. [148C.095] [REPORTING OBLIGATIONS.]
Subdivision 1. [PERMISSION TO REPORT.] A person who has
knowledge of any conduct constituting grounds for disciplinary
action relating to the practice of alcohol and drug counseling
under this chapter may report the violation to the commissioner.
Subd. 2. [INSTITUTIONS.] A state agency, political
subdivision, agency of a local unit of government, private
agency, hospital, clinic, prepaid medical plan, or other health
care institution or organization located in this state shall
report to the commissioner any action taken by the agency,
institution, or organization or any of its administrators or
medical or other committees to revoke, suspend, restrict, or
condition an alcohol and drug counselor's privilege to practice
or treat patients or clients in the institution, or as part of
the organization, any denial of privileges, or any other
disciplinary action for conduct that might constitute grounds
for disciplinary action by the commissioner under this chapter.
The institution, organization, or governmental entity shall also
report the resignation of any alcohol and drug counselors before
the conclusion of any disciplinary action proceeding for conduct
that might constitute grounds for disciplinary action under this
chapter, or before the commencement of formal charges but after
the practitioner had knowledge that formal charges were
contemplated or were being prepared.
Subd. 3. [PROFESSIONAL SOCIETIES.] A state or local
professional society for alcohol and drug counselors shall
report to the commissioner any termination, revocation, or
suspension of membership or any other disciplinary action taken
against an alcohol and drug counselor. If the society has
received a complaint that might be grounds for discipline under
this chapter against a member on which it has not taken any
disciplinary action, the society shall report the complaint and
the reason why it has not taken action on it or shall direct the
complainant to the commissioner.
Subd. 4. [LICENSED PROFESSIONALS.] A licensed health
professional shall report to the commissioner personal knowledge
of any conduct that the licensed health professional reasonably
believes constitutes grounds for disciplinary action under this
chapter by an alcohol and drug counselor, including conduct
indicating that the individual may be medically incompetent, or
may be medically or physically unable to engage safely in the
provision of services. If the information was obtained in the
course of a client relationship, the client is an alcohol and
drug counselor, and the treating individual successfully
counsels the alcohol and drug counselor to limit or withdraw
from practice to the extent required by the impairment, the
commissioner may deem this limitation of or withdrawal from
practice to be sufficient disciplinary action.
Subd. 5. [INSURERS.] Each insurer authorized to sell
insurance described in section 60A.06, subdivision 1, clause
(13), and providing professional liability insurance to alcohol
and drug counselors or the medical joint underwriting
association under chapter 62F, shall submit to the commissioner
quarterly reports concerning the alcohol and drug counselors
against whom malpractice settlements and awards have been made.
The report must contain at least the following information:
(1) the total number of malpractice settlements or awards
made;
(2) the date the malpractice settlements or awards were
made;
(3) the allegations contained in the claim or complaint
leading to the settlements or awards made;
(4) the dollar amount of each settlement or award;
(5) the address of the practice of the alcohol and drug
counselor against whom an award was made or with whom a
settlement was made; and
(6) the name of the alcohol and drug counselor against whom
an award was made or with whom a settlement was made.
The insurance company shall, in addition to the above
information, submit to the commissioner any information,
records, and files, including clients' charts and records, it
possesses that tend to substantiate a charge that a licensed
alcohol and drug counselor may have engaged in conduct violating
this chapter.
Subd. 6. [SELF-REPORTING.] An alcohol and drug counselor
shall report to the commissioner any personal action that would
require that a report be filed with the commissioner by any
person, health care facility, business, or organization under
subdivisions 2 to 5. The alcohol and drug counselor shall also
report the revocation, suspension, restriction, limitation, or
other disciplinary action in this state and report the filing of
charges regarding the practitioner's license or right of
practice in another state or jurisdiction.
Subd. 7. [DEADLINES; FORMS.] Reports required by
subdivisions 2 to 6 must be submitted no later than 30 days
after the reporter learns of the occurrence of the reportable
event or transaction. The commissioner may provide forms for
the submission of the reports required by this section, may
require that reports be submitted on the forms provided, and may
adopt rules necessary to assure prompt and accurate reporting.
Sec. 21. [148C.099] [PROFESSIONAL COOPERATION.]
An alcohol and drug counselor who is the subject of an
investigation, or who is questioned in connection with an
investigation, by or on behalf of the commissioner, shall
cooperate fully with the investigation. Cooperation includes
responding fully to any question raised by or on behalf of the
commissioner relating to the subject of the investigation
whether tape recorded or not. Challenges to requests of the
commissioner may be brought before the appropriate agency or
court.
Sec. 22. Minnesota Statutes 1994, section 148C.10, is
amended to read:
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 alcohol
and drug counseling practice unless that individual holds a
valid license as a chemical dependency an alcohol and drug
counselor.
Subd. 2. [USE OF TITLES.] After the commissioner adopts
rules, no individual shall be presented present themselves or
any other individual to the public by any title incorporating
the words "chemical dependency licensed alcohol and drug
counselor" or otherwise hold themselves out to the public by any
title or description stating or implying that they are licensed
or otherwise qualified to practice alcohol and drug counseling
unless that individual holds a valid license. City, county, and
state agency chemical dependency alcohol and drug counselors who
are not licensed under sections 148C.01 to 148C.11 may use the
title "city agency chemical dependency alcohol and drug
counselor," "county agency chemical dependency alcohol and drug
counselor," or "state agency chemical dependency alcohol and
drug counselor." Hospital chemical dependency alcohol and drug
counselors who are not licensed under sections 148C.01 to
148C.11 may use the title "hospital chemical dependency alcohol
and drug counselor" while acting within the scope of their
employment.
Subd. 3. [PENALTY.] A person who violates sections 148C.01
to 148C.11 is guilty of a misdemeanor.
Sec. 23. Minnesota Statutes 1994, section 148C.11, is
amended to read:
148C.11 [EXCEPTIONS TO LICENSE REQUIREMENT.]
Subdivision 1. [OTHER PROFESSIONALS.] Nothing in sections
148C.01 to 148C.10 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, psychological practitioners, 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 alcohol and drug counselor" or "licensed chemical
dependency alcohol and drug 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 alcohol and drug counseling.
Subd. 2. [STUDENTS.] Nothing in sections 148C.01 to
148C.10 shall prevent students enrolled in an accredited school
of chemical dependency alcohol and drug counseling from engaging
in the practice of chemical dependency alcohol and drug
counseling under qualified supervision in an accredited school
of chemical dependency alcohol and drug 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. Alcohol and drug
counselors licensed to practice alcohol and drug counseling
according to standards established by federally recognized
tribes, while practicing under tribal jurisdiction, are exempt
from the requirements of this chapter. In practicing alcohol
and drug counseling under tribal jurisdiction, individuals
licensed under that authority shall be afforded the same rights,
responsibilities, and recognition as persons licensed pursuant
to this chapter.
(b) The commissioner shall develop special licensing
criteria for issuance of a license to chemical dependency
alcohol and drug counselors who: (1) are members of ethnic
minority groups; and or (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 148C.04. To develop
these criteria, the commissioner shall establish a committee
comprised of but not limited to 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 ALCOHOL AND DRUG
COUNSELORS.] Except as provided in subdivision 3, paragraph (b),
The licensing of hospital chemical dependency alcohol and drug
counselors shall be voluntary, while the counselor is employed
by the hospital. Hospitals employing chemical dependency
alcohol and drug counselors shall not be required to employ
licensed chemical dependency alcohol and drug counselors, nor
shall they require their chemical dependency alcohol and drug
counselors to be licensed, however, nothing in this chapter will
prohibit hospitals from requiring their counselors to be
eligible for licensure.
Subd. 5. [CITY, COUNTY, AND STATE AGENCY CHEMICAL
DEPENDENCY ALCOHOL AND DRUG COUNSELORS.] The licensing of city,
county, and state agency chemical dependency alcohol and drug
counselors shall be voluntary, while the counselor is employed
by the city, county, or state agency. City, county, and state
agencies employing chemical dependency alcohol and drug
counselors shall not be required to employ licensed chemical
dependency alcohol and drug counselors, nor shall they require
their chemical dependency drug and alcohol counselors to be
licensed.
Sec. 24. Minnesota Statutes 1994, section 153A.13, is
amended to read:
153A.13 [DEFINITIONS.]
Subdivision 1. [APPLICABILITY.] The definitions in this
section apply to sections 153A.13 to 153A.18.
Subd. 2. [COMMISSIONER.] "Commissioner" means the
commissioner of the department of health or a designee.
Subd. 3. [HEARING INSTRUMENT.] "Hearing instrument" means
an instrument, or any of its parts, worn in the ear canal and
designed to or represented as being able to aid defective or
enhance human hearing. "Hearing instrument" includes the
instrument's parts, attachments, and or accessories, including,
but not limited to, ear molds and behind the ear (BTE) devices
with or without an ear mold. Batteries and cords are not parts,
attachments, or accessories of a hearing instrument. Surgically
implanted hearing instruments, and assistive listening devices
that do not require testing, fitting, or the use of ear molds
and are not worn within the ear canal, are not hearing
instruments.
Subd. 4. [HEARING INSTRUMENT DISPENSING.] "Hearing
instrument dispensing" means fitting and selling hearing
instruments making ear mold impressions, prescribing, or
recommending a hearing instrument, assisting the consumer in
instrument selection, selling hearing instruments at retail, or
testing human hearing in connection with these activities when
the person conducting these activities has a monetary interest
in the sale of hearing instruments to the consumer.
Subd. 5. [DISPENSER OF HEARING INSTRUMENTS.] "Dispenser of
hearing instruments" means a natural person who engages in
hearing instrument dispensing whether or not
registered certified by the commissioner of health or licensed
by an existing health-related board, except that any person who
helps a dispenser of hearing instruments in an administrative or
clerical manner and does not engage in hearing instrument
dispensing is not a dispenser of hearing instruments. A person
who offers to dispense a hearing instrument, or a person who
advertises, holds out to the public, or otherwise represents
that the person is authorized to dispense hearing instruments
must be certified by the commissioner.
Subd. 6. [ADVISORY COUNCIL.] "Advisory council" means the
Minnesota hearing instrument dispenser advisory council, or a
committee of it, established under section 153A.20.
Subd. 7. [ANSI.] "ANSI" means ANSI S3.6-1989, American
National Standard Specification for Audiometers from the
American National Standards Institute. This document is
available through the Minitex interlibrary loan system.
Subd. 8. [CERTIFICATION NUMBER.] "Certification number"
means the number assigned to each certification by the
commissioner.
Subd. 9. [SUPERVISION.] "Supervision" means on-site
observing and monitoring activities of, and accepting
responsibility for, the hearing instrument dispensing activities
of a trainee.
Sec. 25. Minnesota Statutes 1994, section 153A.14, is
amended to read:
153A.14 [REGULATION.]
Subdivision 1. [APPLICATION FOR CERTIFICATE.] A dispenser
of hearing instruments shall An applicant must:
(1) be 18 years of age or older;
(2) apply to the commissioner for a certificate to dispense
hearing instruments. The commissioner shall provide
applications for certificates. on application forms provided by
the commissioner;
(3) at a minimum, the information that an applicant must
provide includes the dispenser's applicant's name, social
security number, business address and phone number, employer,
and information about the dispenser's applicant's education,
training, and experience in testing human hearing and fitting
hearing instruments. The commissioner may reject an application
for a certificate if there is evidence of a violation or failure
to comply with this chapter.;
(4) include with the application a statement that the
statements in the application are true and correct to the best
of the applicant's knowledge and belief;
(5) include with the application a written and signed
authorization that authorizes the commissioner to make inquiries
to appropriate regulatory agencies in this or any other state
where the applicant has sold hearing instruments;
(6) submit certification to the commissioner that the
applicant's audiometric equipment has been calibrated to meet
current ANSI standards within 12 months of the date of the
application;
(7) submit evidence of continuing education credits, if
required; and
(8) submit all fees as required under section 153A.17.
Subd. 2. [ISSUANCE OF CERTIFICATE.] The commissioner shall
issue a certificate to each dispenser of hearing instruments who
applies under subdivision 1 if the commissioner determines that
the applicant is in compliance with this chapter, has passed an
examination administered by the commissioner, has met the
continuing education requirements, if required, and has paid the
fee set by the commissioner. A certificate must be renewed by
November 1 of each year. The commissioner may reject or deny an
application for a certificate if there is evidence of a
violation or failure to comply with this chapter.
Subd. 2a. [EXEMPTION FROM EXAMINATION
REQUIREMENT.] Persons completing the audiology registration
requirements of Minnesota Rules, part 4750.0060, after January
1, 1996, are exempt from the examination requirements of
subdivision 2. Minnesota registration or American
Speech-Language-Hearing Association certification as an
audiologist are not required but may be submitted as evidence
qualifying for exemption from the examination if the
requirements are completed after January 1, 1996.
Subd. 2b. [ACTION ON APPLICATIONS FOR CERTIFICATION.] The
commissioner shall act on an application for certification
according to paragraphs (a) to (c).
(a) The commissioner shall determine if the applicant meets
the requirements for certification. The commissioner or
advisory council may investigate information provided by an
applicant to determine whether the information is accurate and
complete.
(b) The commissioner shall notify each applicant of action
taken on the application and of the grounds for denying
certification if certification is denied.
(c) Applicants denied certification for failure to meet the
requirements may make a written request to the commissioner
within 30 days of the commissioner's determination to appear
before the advisory council and for the advisory council to
review the commissioner's decision to deny the applicant's
certification. After reviewing the denial, the advisory council
shall make a recommendation to the commissioner as to whether
the denial should be affirmed.
Subd. 2c. [REAPPLICATION FOLLOWING DENIAL, REJECTION,
REVOCATION, OR SUSPENSION OF CERTIFICATION.] After two years,
upon application and evidence that the disqualifying behavior
has ceased, the commissioner may restore or approve
certification previously denied, rejected, revoked, or
suspended, provided that the applicant has met all conditions
and terms of any orders to which the applicant is a subject.
Subd. 2d. [CERTIFICATION RENEWAL NOTICE.] Certification
must be renewed annually. At least 30 days before the deadline
for application to renew certification, the commissioner shall
mail a renewal notice to the dispenser's last known address.
The notice must include a renewal application and notice of fees
required for renewal. A dispenser is not relieved from meeting
the applicable deadline for renewal on the basis that the
dispenser did not receive the renewal notice. In renewing a
certificate, a dispenser shall follow the procedures for
applying for a certificate specified in section 153A.14,
subdivision 1.
Subd. 2e. [RENEWAL REQUIREMENTS.] A certificate must be
renewed effective November 1 of each year. To renew a
certificate, an applicant must:
(1) annually complete a renewal application on a form
provided by the commissioner and submit the annual renewal fee
by the deadline;
(2) submit certification to the commissioner that the
applicant's audiometric equipment has been calibrated to meet
current ANSI standards within 12 months of the date of the
application, if the applicant tests hearing;
(3) submit evidence of completion of continuing education
requirements, if required; and
(4) submit additional information if requested by the
commissioner to clarify information presented in the renewal
application. The information must be submitted within 30 days
of the commissioner's request.
Subd. 2f. [LATE RENEWALS.] The deadline for application to
renew certification is October 1 of each year. An application
submitted after October 1 and before November 1 shall be a late
renewal and must be accompanied by a late fee as required in
section 153A.17.
Subd. 2g. [LAPSE IN CERTIFICATION.] Certification shall
lapse if not renewed before November 1 of each year. An
applicant whose certification has lapsed less than two years
must meet all the requirements of this chapter except the
certification by examination requirements of subdivision 2h.
The application fees to renew certification following a lapse of
less than two years must include the late fee. An applicant
whose certification has lapsed for two years or more must meet
all the requirements of this chapter except the continuing
education requirement of subdivision 2i. Certification
application fees of applicants whose certification has lapsed
for any amount of time shall not be prorated over the time
remaining in the annual certification period.
Subd. 2h. [CERTIFICATION BY EXAMINATION.] An applicant
must achieve a passing score, as determined by the commissioner,
on an examination according to paragraphs (a) and (b).
(a) The examination must include, but is not limited to:
(1) A written examination approved by the commissioner
covering the following areas as they pertain to hearing
instrument selling:
(i) basic physics of sound;
(ii) the anatomy and physiology of the ear;
(iii) the function of hearing instruments;
(iv) the principles of hearing instrument selection; and
(v) state and federal laws, rules, and regulations.
(2) Practical tests of proficiency in the following
techniques as they pertain to hearing instrument selling:
(i) pure tone audiometry, including air conduction testing
and bone conduction testing;
(ii) live voice or recorded voice speech audiometry
including speech recognition (discrimination) testing, most
comfortable loudness level, and uncomfortable loudness
measurements of tolerance thresholds;
(iii) masking when indicated;
(iv) recording and evaluation of audiograms and speech
audiometry to determine proper selection and fitting of a
hearing instrument;
(v) taking ear mold impressions; and
(vi) using an otoscope for the visual observation of the
entire ear canal.
(b) The examination shall be administered by the
commissioner at least twice a year.
Subd. 2i. [CONTINUING EDUCATION REQUIREMENT.] On forms
provided by the commissioner, each certified dispenser must
submit with the application for renewal of certification
evidence of completion of ten course hours of continuing
education earned within the 12-month period of July 1 to June 30
immediately preceding renewal. Continuing education courses
must be directly related to hearing instrument dispensing and
approved by the International Hearing Society or qualify for
continuing education approved for Minnesota registered
audiologists. Evidence of completion of the ten course hours of
continuing education must be submitted with renewal applications
by October 1 of each year. This requirement does not apply to
dispensers certified for less than one year. The first report
of evidence of completion of the continuing education credits
shall be due October 1, 1997.
Subd. 2j. [REQUIRED USE OF CERTIFICATION NUMBER.] The
certification holder must use the certification number on all
contracts, bills of sale, and receipts used in the sale of
hearing instruments.
Subd. 3. [NONTRANSFERABILITY OF CERTIFICATE.] A
certificate may not be transferred.
Subd. 4. [DISPENSING OF HEARING INSTRUMENTS WITHOUT
CERTIFICATE.] Except as provided in subdivision 4a, it is
unlawful for any person not holding a valid certificate to
dispense a hearing instrument as defined in section 153A.13,
subdivision 3. A person who dispenses a hearing instrument
without the certificate required by this section is guilty of a
gross misdemeanor. For purposes of this chapter, a person is
dispensing a hearing instrument if the person does, or offers to
do, any of the activities described in section 153A.13,
subdivision 4, or if the person advertises, holds out to the
public, or otherwise represents that the person is authorized to
dispense hearing instruments.
Subd. 4a. [TRAINEES.] (a) A person who is not certified
under this section may dispense hearing instruments as a trainee
for a period not to exceed nine 12 months if the person:
(1) submits an application on forms provided by the
commissioner;
(2) is employed by and under the supervision or sponsorship
of a certified dispenser meeting the requirements of this
subdivision; and
(2) (3) meets all requirements for certification except
completion of the person's training and passage of the
examination required by this section.
(b) A certified hearing instrument dispenser may not
employ, sponsor, and supervise more than two trainees at the
same time. The certified dispenser is responsible for all
actions or omissions of a trainee in connection with the
dispensing of hearing instruments. A certified dispenser may
not employ, sponsor, or supervise a trainee if there are any
commissioner, court, or other orders, currently in effect or
issued within the last five years, that were issued with respect
to an action or omission of a certified dispenser or a trainee
under the certified dispenser's supervision.
Trainees must be supervised in all areas described in
section 153A.14, subdivision 4b, and the activities tested by
the examination. Two hundred hours of on-site observations must
be completed within the trainee period with a minimum of 100
hours involving the supervisor, trainee, and a consumer. In
addition, the trainee must complete two monitored activities a
week. Monitored activities may be executed by correspondence,
telephone, or other telephonic devices, and include, but are not
limited to, evaluation of audiograms, written reports, and
contracts. The time spent in supervision must be recorded and
the record retained by the supervisor.
Subd. 4b. [HEARING TESTING PROTOCOL.] (a) A dispenser when
conducting a hearing test for the purpose of hearing instrument
dispensing must:
(1) comply with the United States Food and Drug
Administration warning regarding potential medical conditions
required by Code of Federal Regulations, title 21, section
801.420;
(2) complete a case history of the client's hearing;
(3) inspect the client's ears with an otoscope; and
(4) conduct the following tests on both ears of the client
and document the results, and if for any reason one of the
following tests cannot be performed pursuant to the United
States Food and Drug Administration guidelines, an audiologist
shall evaluate the hearing and the need for a hearing instrument:
(i) air conduction at 250, 500, 1,000, 2,000, 4,000, and
8,000 Hertz. When a difference of 20 dB or more occurs between
adjacent octave frequencies the interoctave frequency must be
tested;
(ii) bone conduction at 500, 1,000, 2,000, and 4,000 Hertz
for any frequency where the air conduction threshold is greater
than 15 dB HL;
(iii) monaural word recognition (discrimination), with a
minimum of 25 words presented for each ear; and
(iv) loudness discomfort level, monaural, for setting a
hearing instrument's maximum power output; and
(5) include masking in all tests whenever necessary to
ensure accurate results.
Subd. 5. [RULEMAKING AUTHORITY.] The commissioner shall
adopt rules under chapter 14 to implement this chapter. The
rules must prescribe the form and content of the examination
required by this section and must establish and prescribe the
duties of a hearing instrument dispenser advisory council. The
commissioner may adopt rules requiring continuing education of
certified hearing instrument dispensers. may include procedures
and standards relating to the certification requirement, the
scope of authorized practice, fees, supervision required,
continuing education, career progression, disciplinary matters,
and examination procedures.
Subd. 6. [HEARING INSTRUMENTS TO COMPLY WITH FEDERAL AND
STATE REQUIREMENTS.] The commissioner shall ensure that hearing
instruments are dispensed in compliance with state requirements
and the requirements of the United States Food and Drug
Administration. Failure to comply with state or federal
regulations may be grounds for enforcement actions under section
153A.15, subdivision 2.
Subd. 7. [CONTESTED CASES.] The commissioner shall comply
with the contested case procedures in chapter 14 when
suspending, revoking, or refusing to issue a certificate under
this section.
Subd. 8. [CONTENT OF CONTRACTS.] Oral statements made by a
hearing instrument dispenser regarding the provision of
warranties, refunds, and service on the hearing instrument or
instruments dispensed must be written on, and become part of,
the contract of sale, specify the item or items covered, and
indicate the person or business entity obligated to provide the
warranty, refund, or service.
Subd. 9. [CONSUMER RIGHTS INFORMATION.] A hearing
instrument dispenser shall, at the time of the recommendation or
prescription, give a consumer rights brochure, prepared by the
commissioner and containing information about legal requirements
pertaining to sales of hearing instruments, to each potential
buyer of a hearing instrument. A sales contract for a hearing
instrument must note the receipt of the brochure by the buyer.
Subd. 10. [LIABILITY FOR CONTRACTS.] Owners of entities in
the business of dispensing hearing instruments, employers of
persons who dispense hearing instruments, and sponsors and
supervisors of trainees are liable for satisfying all terms of
contracts, written or oral, made by their agents, employees,
assignees, affiliates, or trainees, including terms relating to
products, repairs, warranties, service, and refunds. The
commissioner may enforce the terms of hearing instrument sales
contracts against the principal, employer, sponsor, or
supervisor of an agent, employee, or trainee and may impose any
remedy provided for in this chapter.
Subd. 11. [REQUIREMENT TO MAINTAIN CURRENT INFORMATION.] A
dispenser must notify the commissioner in writing within 30 days
of the occurrence of any of the following:
(1) a change of address, home, or business telephone
number, or business name;
(2) the occurrence of conduct prohibited by section
153A.15;
(3) a settlement, conciliation court judgment, or award
based on negligence, intentional acts, or contractual violations
committed in the dispensing of hearing instruments by the
dispenser; and
(4) the cessation of hearing instrument dispensing
activities as an individual or a business.
Sec. 26. Minnesota Statutes 1994, section 153A.15,
subdivision 1, is amended to read:
Subdivision 1. [PROHIBITED ACTS.] The commissioner may
reject an application for a certificate or may act under
subdivision 2 against a dispenser of hearing instruments for
failure to comply with this chapter. Failure to apply to the
commissioner for a certificate, or supplying false or misleading
information on the application for a certificate, is a ground
for action under subdivision 2. The following acts and conduct
are also grounds for action under subdivision 2:
(1) prescribing or otherwise recommending to a consumer or
potential consumer the use of a hearing instrument, unless the
prescription from a physician or recommendation from a hearing
instrument dispenser or audiologist is in writing, is based on
an audiogram that is delivered to the consumer or potential
consumer, when the prescription or recommendation is made, and
bears the following information in all capital letters of
12-point or larger bold-face type: "THIS PRESCRIPTION OR
RECOMMENDATION MAY BE FILLED BY, AND HEARING INSTRUMENTS MAY BE
PURCHASED FROM, THE CERTIFIED DISPENSER, AUDIOLOGIST, OR
PHYSICIAN OF YOUR CHOICE" and unless the prescription or written
recommendation includes, upon the authorization of the consumer
or potential consumer, the audiogram upon which the prescription
or recommendation is based if there has been a charge for the
audiogram;
(2) representing through any advertising or communication
to a consumer or potential consumer that a person's
certification to dispense hearing instruments indicates state
approval or endorsement failing to give a copy of the audiogram,
upon which the prescription or recommendation is based, to the
consumer when there has been a charge for the audiogram and the
consumer requests a copy;
(3) failing to provide the consumer rights brochure
required by section 153A.14, subdivision 9;
(4) being disciplined through a revocation, suspension,
restriction, or limitation by another state for conduct subject
to action under this chapter;
(4) (5) presenting advertising that is false or misleading;
(5) (6) providing the commissioner with false or misleading
statements of credentials, training, or experience;
(6) (7) engaging in conduct likely to deceive, defraud, or
harm the public; or demonstrating a willful or careless
disregard for the health, welfare, or safety of a consumer;
(7) (8) splitting fees or promising to pay a portion of a
fee to any other professional other than a fee for services
rendered by the other professional to the client;
(8) (9) engaging in abusive or fraudulent billing
practices, including violations of federal Medicare and Medicaid
laws, Food and Drug Administration regulations, or state medical
assistance laws;
(9) (10) obtaining money, property, or services from a
consumer through the use of undue influence, high pressure sales
tactics, harassment, duress, deception, or fraud;
(10) (11) failing to comply with restrictions on sales of
hearing aids in section sections 153A.14, subdivision 9, and
153A.19;
(11) (12) performing the services of a certified hearing
instrument dispenser in an incompetent or negligent manner; or
(12) (13) failing to comply with the requirements of this
chapter as an employer, supervisor, sponsor, or trainee.;
(14) failing to provide information in a timely manner in
response to a request by the commissioner, commissioner's
designee, or the advisory council;
(15) being convicted within the past five years of
violating any laws of the United States, or any state or
territory of the United States, and the violation is a felony,
gross misdemeanor, or misdemeanor, an essential element of which
relates to hearing instrument dispensing, except as provided in
chapter 364;
(16) failing to cooperate in good faith with the
commissioner, the commissioner's designee, or the advisory
council in any investigation;
(17) failing to perform hearing instrument dispensing with
reasonable judgment, skill, or safety due to the use of alcohol
or drugs, or other physical or mental impairment;
(18) failing to fully disclose actions taken against the
applicant or the applicant's legal authorization to dispense
hearing instruments in this or another state;
(19) violating a state or federal court order or judgment,
including a conciliation court judgment, relating to the
activities of the applicant in hearing instrument dispensing;
(20) having been or being disciplined by the commissioner
of the department of health, or other authority, in this or
another jurisdiction, if any of the grounds for the discipline
are the same or substantially equivalent to those in sections
153A.13 to 153A.19;
(21) misrepresenting the purpose of hearing tests, or in
any way communicating that the hearing test or hearing test
protocol required by section 153A.14, subdivision 4b, is a
medical evaluation, a diagnostic hearing evaluation conducted by
an audiologist, or is other than a test to select a hearing
instrument, except that the hearing instrument dispenser can
determine the need for or recommend the consumer obtain a
medical evaluation consistent with requirements of the United
States Food and Drug Administration;
(22) violating any of the provisions of sections 153A.13 to
153A.19; and
(23) aiding or abetting another person in violating any of
the provisions of sections 153A.13 to 153A.19.
Sec. 27. Minnesota Statutes 1994, section 153A.15,
subdivision 2, is amended to read:
Subd. 2. [ENFORCEMENT ACTIONS.] When the commissioner
finds that a dispenser of hearing instruments has violated one
or more provisions of this chapter, the commissioner may do one
or more of the following:
(1) deny or reject the application for a certificate;
(2) revoke the certificate;
(3) suspend the certificate;
(4) impose, for each violation, a civil penalty that
deprives the dispenser of any economic advantage gained by the
violation and that reimburses the department of health for costs
of the investigation and proceeding resulting in disciplinary
action, including the amount paid for services of the office of
administrative hearings, the amount paid for services of the
office of the attorney general, attorney fees, court reporters,
witnesses, reproduction of records, advisory council members'
per diem compensation, department staff time, and expenses
incurred by advisory council members and department staff;
(5) censure or reprimand the dispenser;
(6) revoke or suspend the right to sponsor supervise
trainees;
(7) revoke or suspend the right to be a trainee;
(8) impose a civil penalty not to exceed $10,000 for each
separate violation; or
(8) (9) any other action reasonably justified by the
individual case.
Sec. 28. Minnesota Statutes 1994, section 153A.17, is
amended to read:
153A.17 [EXPENSES; FEES.]
The expenses for administering the certification
requirements including the complaint handling system for hearing
aid dispensers in sections 153A.14 and 153A.15 and the consumer
information center under section 153A.18 must be paid from
initial application and examination fees, renewal fees,
penalties, and fines. All fees are nonrefundable. The
certificate application fee is $280, the examination fee is
$200, and the trainee application fee is $100, except that the
certification application fee for a registered audiologist is
$280 minus the audiologist registration fee of $101. In
addition, both certification and examination fees are subject to
a surcharge of $60 to recover, over a five-year period, the
commissioner's accumulated direct expenditures for administering
the requirements of this chapter, but not registration of
hearing instrument dispensers under section 214.13, before
November 1, 1994. The penalty fee for late submission of a
renewal application is $70. All fees, penalties, and fines
received must be deposited in the state government special
revenue fund. The commissioner may prorate the certification
fee for new applicants based on the number of quarters remaining
in the annual certification period.
Sec. 29. Minnesota Statutes 1994, section 153A.18, is
amended to read:
153A.18 [CONSUMER INFORMATION CENTER.]
The commissioner shall establish a consumer information
center to assist actual and potential purchasers of hearing aids
by providing them with information regarding hearing instrument
sales. The consumer information center shall disseminate
information about consumers' legal rights related to hearing
instrument sales, provide information relating to complaints
about sellers dispensers of hearing instruments, and provide
information about outreach and advocacy services for consumers
of hearing instruments. In establishing the center and
developing the information, the commissioner shall consult with
representatives of hearing instrument sellers dispensers,
audiologists, physicians, and consumers.
Sec. 30. Minnesota Statutes 1994, section 153A.19, is
amended to read:
153A.19 [HEARING AIDS; RESTRICTIONS ON SALES.]
Subdivision 1. [DEFINITION.] "Hearing aid" means any
instrument or device designed for or represented as aiding
defective human hearing, and any parts, attachments, or
accessories of the instrument or device, including but not
limited to ear molds. Batteries and cords shall not be
considered parts, attachments, or accessories of a hearing aid.
Subd. 2. [30-DAY GUARANTEE AND BUYER RIGHT TO CANCEL.] No
person shall sell a hearing aid in this state unless:
(a) The seller dispenser provides the buyer with a 30-day
written money-back guarantee. The guarantee must permit the
buyer to cancel the purchase for any reason within 30 days after
receiving the hearing aid by giving or mailing written notice of
cancellation to the seller dispenser. If the hearing aid must
be repaired, remade, or adjusted during the 30-day money-back
guarantee period, the running of the 30-day period is suspended
one day for each 24-hour period that the hearing aid is not in
the buyer's possession. A repaired, remade, or adjusted hearing
aid must be claimed by the buyer within three working days after
notification of availability, after which time the running of
the 30-day period resumes. The guarantee must entitle the
buyer, upon cancellation, to receive a full refund of payment
within 30 days of return of the hearing aid to the seller
dispenser. The seller dispenser may retain as a cancellation
fee ten percent of the buyer's total purchase price of the
hearing aid.
(b) The seller dispenser shall provide the buyer with a
contract written in plain English, that contains uniform
language and provisions that meet the requirements and are
certified by the attorney general under the Plain Language
Contract Act, sections 325G.29 to 325G.36. The contract must
include, but is not limited to, the following: in immediate
proximity to the space reserved for the signature of the buyer,
or on the first page if there is no space reserved for the
signature of the buyer, a clear and conspicuous disclosure of
the following specific statement in all capital letters of no
less than 12-point boldface type: MINNESOTA STATE LAW GIVES THE
BUYER THE RIGHT TO CANCEL THIS PURCHASE FOR ANY REASON AT ANY
TIME PRIOR TO MIDNIGHT OF THE 30TH CALENDAR DAY AFTER RECEIPT OF
THE HEARING AID(S). THIS CANCELLATION MUST BE IN WRITING AND
MUST BE GIVEN OR MAILED TO THE SELLER. IF THE BUYER DECIDES TO
RETURN THE HEARING AID(S) WITHIN THIS 30-DAY PERIOD, THE BUYER
WILL RECEIVE A REFUND OF $....... (State the dollar amount of
refund.)
Subd. 3. [ITEMIZED REPAIR BILL.] (a) Any person or company
who agrees to repair a hearing aid must provide the owner of the
hearing aid, or the owner's representative, with a bill
that specifically itemizes all parts and labor charges for
describes the repair and services rendered. The bill must also
include the repairing person's or company's name, address, and
phone number.
(b) This subdivision does not apply to:
(1) a person or company that repairs a hearing aid pursuant
to an express warranty covering the entire hearing aid and the
warranty covers the entire costs, both parts and labor, of the
repair; and.
(2) a person or company that repairs a hearing aid and the
entire hearing aid, after being repaired, is expressly warranted
for a period of at least six months, the warranty covers the
entire costs, both parts and labor, of the repair, and a copy of
the express warranty is given to the owner or the owner's
representative. The owner of the hearing aid or the owner's
representative must be given a written express warranty that
includes the name, address, and phone number of the repairing
person or company; the make, model, and serial number of the
hearing aid repaired; the exact date of the last day of the
warranty period; and the terms of the warranty.
Subd. 4. [REPAIR WARRANTY.] Any guarantee of hearing aid
repairs must be in writing and delivered to the owner of the
hearing aid, or the owner's representative, stating the
repairer's repairing person's or company's name, address,
telephone number, length of guarantee, model, and serial number
of the hearing aid and all other terms and conditions of the
guarantee.
Subd. 5. [MISDEMEANOR.] Any person who is found to have
violated this section is guilty of a misdemeanor.
Subd. 6. [ADDITIONAL.] In addition to the penalties
provided in subdivision 5, any person who is found to have
violated this section is subject to the penalties and remedies
provided in section 325F.69, subdivision 1.
Subd. 7. [ESTIMATES.] Upon the request of the owner of a
hearing aid or the owner's representative for a written estimate
and prior to the commencement of repairs, a repairing person or
company shall provide the customer with a written estimate of
the price of repairs. If a repairing person or company provides
a written estimate of the price of repairs, it shall not charge
more than the total price stated in the estimate for the
repairs. If the repairing person or company after commencing
repairs determines that additional work is necessary to
accomplish repairs that are the subject of a written estimate
and if the repairing person or company did not unreasonably fail
to disclose the possible need for the additional work when the
estimate was made, the repairing person or company may charge
more than the estimate for the repairs if the repairing person
or company immediately provides the owner or owner's
representative a revised written estimate pursuant to this
section and receives authorization to continue with the
repairs. If continuation of the repairs is not authorized, the
repairing person or company shall return the hearing aid as
close as possible to its former condition and shall release the
hearing aid to the owner or owner's representative upon payment
of charges for repairs actually performed and not in excess of
the original estimate.
Sec. 31. [153A.20] [HEARING INSTRUMENT DISPENSER ADVISORY
COUNCIL.]
Subdivision 1. [MEMBERSHIP.] The commissioner shall
appoint nine persons to a hearing instrument dispenser advisory
council.
(a) The nine persons must include:
(1) three public members, as defined in section 214.02. At
least one of the public members shall be a hearing instrument
user and one of the public members shall be either a hearing
instrument user or an advocate of one; and
(2) three hearing instrument dispensers certified under
sections 153A.14 to 153A.20, each of whom is currently, and has
been for the five years immediately preceding their appointment,
engaged in hearing instrument dispensing in Minnesota and who
represent the occupation of hearing instrument dispensing and
who are not audiologists; and
(3) three audiologists who are certified hearing instrument
dispensers, are registered as audiologists under Minnesota
Rules, chapter 4750, or if no rules are in effect, audiologists
who hold current certificates of clinical competence in
audiology from the American Speech-Language-Hearing Association
and who represent the occupation of audiology.
(b) The factors the commissioner may consider when
appointing advisory council members include, but are not limited
to, professional affiliation, geographical location, and type of
practice.
(c) No two members of the advisory council shall be
employees of, or have binding contracts requiring sales
exclusively for, the same hearing instrument manufacturer or the
same employer.
Subd. 2. [ORGANIZATION.] The advisory council shall be
organized and administered according to section 15.059, except
that, notwithstanding any other law to the contrary, the
advisory council shall not expire. The council may form
committees to carry out its duties.
Subd. 3. [DUTIES.] At the commissioner's request, the
advisory council shall:
(1) advise the commissioner regarding hearing instrument
dispenser certification standards;
(2) advise the commissioner on enforcement of sections
153A.13 to 153A.20;
(3) provide for distribution of information regarding
hearing instrument dispenser certification standards;
(4) review applications and make recommendations to the
commissioner on granting or denying certification or
certification renewal;
(5) review reports of investigations relating to
individuals and make recommendations to the commissioner as to
whether certification should be denied or disciplinary action
taken against the individual; and
(6) perform other duties authorized for advisory councils
by chapter 214, or as directed by the commissioner.
Sec. 32. Minnesota Statutes 1994, section 214.01,
subdivision 2, is amended to read:
Subd. 2. [HEALTH-RELATED LICENSING BOARD.] "Health-related
licensing board" means the board of examiners of nursing home
administrators established pursuant to section 144A.19, the
board of medical practice created pursuant to section 147.01,
the board of nursing created pursuant to section 148.181, the
board of chiropractic examiners established pursuant to section
148.02, the board of optometry established pursuant to section
148.52, the board of psychology established pursuant to section
148.90, the social work licensing board pursuant to section
148B.19, the board of marriage and family therapy pursuant to
section 148B.30, the office of mental health practitioner
advisory council practice established pursuant to section
148B.62 148B.61, the chemical dependency counseling licensing
advisory council established pursuant to section 148C.02, the
board of dietetics and nutrition practice established under
section 148.622, the board of dentistry established pursuant to
section 150A.02, the board of pharmacy established pursuant to
section 151.02, the board of podiatric medicine established
pursuant to section 153.02, and the board of veterinary
medicine, established pursuant to section 156.01.
Sec. 33. Minnesota Statutes 1994, section 214.10,
subdivision 8, is amended to read:
Subd. 8. [SPECIAL REQUIREMENTS FOR HEALTH-RELATED
LICENSING BOARDS.] In addition to the provisions of this section
that apply to all examining and licensing boards, the
requirements in this subdivision apply to all health-related
licensing boards, except the board of veterinary medicine.
(a) If the executive director or consulted board member
determines that a communication received alleges a violation of
statute or rule that involves sexual contact with a patient or
client, the communication shall be forwarded to the designee of
the attorney general for an investigation of the facts alleged
in the communication. If, after an investigation it is the
opinion of the executive director or consulted board member that
there is sufficient evidence to justify disciplinary action, the
board shall conduct a disciplinary conference or hearing. If,
after a hearing or disciplinary conference the board determines
that misconduct involving sexual contact with a patient or
client occurred, the board shall take disciplinary action.
Notwithstanding subdivision 2, a board may not attempt to
correct improper activities or redress grievances through
education, conciliation, and persuasion, unless in the opinion
of the executive director or consulted board member there is
insufficient evidence to justify disciplinary action. The board
may settle a case by stipulation prior to, or during, a hearing
if the stipulation provides for disciplinary action.
(b) In addition to the information required under section
214.07, subdivision 1, each board shall include in its reports
to the legislature summaries of each individual case that
involved possible sexual contact with a patient or client. The
summary must include a description of the alleged misconduct;
the general results of the investigation; the nature of board
activities relating to that case; the disposition of the case;
and the reasons for board decisions concerning the disposition
of the case. The information disclosed under this section must
not include the name or specific identifying information about
any person, agency, or organization.
(c) A board member who has a direct current or former
financial connection or professional relationship to a person
who is the subject of board disciplinary activities must not
participate in board activities relating to that case.
(d) Each health-related licensing board shall establish
procedures for exchanging information with other Minnesota state
boards, agencies, and departments responsible for licensing
regulating health-related occupations, facilities, and programs,
and for coordinating investigations involving matters within the
jurisdiction of more than one licensing regulatory body. The
procedures must provide for the forwarding to other licensing
regulatory bodies of all information and evidence, including the
results of investigations, that are relevant to matters within
that licensing body's regulatory jurisdiction. Each
health-related licensing board shall have access to any data of
the department of human services relating to a person subject to
the jurisdiction of the licensing board. The data shall have
the same classification under sections 13.01 to 13.88, the
Minnesota government data practices act, in the hands of the
agency receiving the data as it had in the hands of the
department of human services.
(e) Each health-related licensing board shall establish
procedures for exchanging information with other states
regarding disciplinary actions against licensees. The
procedures must provide for the collection of information from
other states about disciplinary actions taken against persons
who are licensed to practice in Minnesota or who have applied to
be licensed in this state and the dissemination of information
to other states regarding disciplinary actions taken in
Minnesota. In addition to any authority in chapter 13
permitting the dissemination of data, the board may, in its
discretion, disseminate data to other states regardless of its
classification under chapter 13. Before transferring any data
that is not public, the board shall obtain reasonable assurances
from the receiving state that the data will not be made public.
Sec. 34. Minnesota Statutes 1994, section 214.103,
subdivision 1, is amended to read:
Subdivision 1. [APPLICATION.] For purposes of this
section, "board" means "health-related licensing board" and does
not include the alcohol and drug counselors licensing advisory
council established pursuant to section 148C.02, or the
non-health-related licensing boards. Nothing in this section
supersedes section 214.10, subdivisions 2a, 3, 8, and 9, as they
apply to the health-related licensing boards.
Sec. 35. [REPEALER.]
Minnesota Statutes 1994, sections 148B.62; 148C.01,
subdivision 8; 148C.03, subdivisions 2 and 3; 148C.035; 148C.09,
subdivision 3; and 153A.19, subdivision 1, are repealed.
Minnesota Rules, chapters 4692; and 4745, are repealed.
Sec. 36. [EFFECTIVE DATE.]
Sections 1 to 34 are effective the day following final
enactment.
Presented to the governor May 12, 1995
Signed by the governor May 15, 1995, 10:10 a.m.
Official Publication of the State of Minnesota
Revisor of Statutes