Skip to main content Skip to office menu Skip to footer
Minnesota Legislature

Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

                            CHAPTER 460-H.F.No. 3839 
                  An act relating to health; modifying the Health Care 
                  Administrative Simplification Act; providing for 
                  regulation of unlicensed complementary and alternative 
                  health care practitioners; modifying provisions for 
                  speech-language pathologists, audiologists, unlicensed 
                  mental health practitioners, alcohol and drug 
                  counselors, and hearing instrument dispensers; 
                  providing civil penalties; requiring reports; amending 
                  Minnesota Statutes 1998, sections 62J.51, by adding 
                  subdivisions; 62J.52, subdivisions 1, 2, and 5; 
                  62J.60, subdivision 1; 148.512, subdivision 5; 
                  148.515, subdivision 3; 148.517, by adding a 
                  subdivision; 148.518, subdivision 2; 148.5193, 
                  subdivisions 1, 2, 4, 6, and by adding a subdivision; 
                  148.5196, subdivision 3; 148B.60, subdivision 3; 
                  148B.68, subdivision 1; 148B.69, by adding a 
                  subdivision; 148B.71, subdivision 1; 148C.01, 
                  subdivisions 2, 7, 9, 10, and by adding a subdivision; 
                  148C.03, subdivision 1; 148C.04, subdivision 3, and by 
                  adding subdivisions; 148C.06, subdivisions 1 and 2; 
                  148C.09, subdivisions 1 and 1a; 148C.10, by adding a 
                  subdivision; 148C.11, subdivision 1; 153A.13, 
                  subdivision 9, and by adding subdivisions; 153A.14, 
                  subdivisions 1, 2a, 2h, 4, 4a, and by adding 
                  subdivisions; and 153A.15, subdivision 1; Minnesota 
                  Statutes 1999 Supplement, sections 13.99, by adding a 
                  subdivision; 147.09; and 214.01, subdivision 2; Laws 
                  1999, chapter 223, article 2, section 81, as amended; 
                  proposing coding for new law in Minnesota Statutes, 
                  chapter 62J; proposing coding for new law as Minnesota 
                  Statutes, chapter 146A; repealing Minnesota Statutes 
                  1998, sections 148.5193, subdivisions 3 and 5; and 
                  148C.04, subdivision 5. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1999 Supplement, section 
        13.99, is amended by adding a subdivision to read: 
           Subd. 42c.  [UNLICENSED COMPLEMENTARY AND ALTERNATIVE 
        HEALTH CARE PRACTITIONERS AND CLIENTS.] Data obtained by the 
        commissioner of health on unlicensed complementary and 
        alternative health care practitioners and clients are classified 
        under sections 146A.06 and 146A.08. 
           Sec. 2.  Minnesota Statutes 1998, section 62J.51, is 
        amended by adding a subdivision to read: 
           Subd. 19a.  [UNIFORM EXPLANATION OF BENEFITS 
        DOCUMENT.] "Uniform explanation of benefits document" means the 
        document associated with and explaining the details of a group 
        purchaser's claim adjudication for services rendered, which is 
        sent to a patient. 
           Sec. 3.  Minnesota Statutes 1998, section 62J.51, is 
        amended by adding a subdivision to read: 
           Subd. 19b.  [UNIFORM REMITTANCE ADVICE REPORT.] "Uniform 
        remittance advice report" means the document associated with and 
        explaining the details of a group purchaser's claim adjudication 
        for services rendered, which is sent to a provider. 
           Sec. 4.  Minnesota Statutes 1998, section 62J.52, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [UNIFORM BILLING FORM HCFA 1450.] (a) On 
        and after January 1, 1996, all institutional inpatient hospital 
        services, ancillary services, and institutionally owned or 
        operated outpatient services rendered by providers in Minnesota, 
        and institutional or noninstitutional home health services that 
        are not being billed using an equivalent electronic billing 
        format, must be billed using the uniform billing form HCFA 1450, 
        except as provided in subdivision 5. 
           (b) The instructions and definitions for the use of the 
        uniform billing form HCFA 1450 shall be in accordance with the 
        uniform billing form manual specified by the commissioner.  In 
        promulgating these instructions, the commissioner may utilize 
        the manual developed by the National Uniform Billing Committee, 
        as adopted and finalized by the Minnesota uniform billing 
        committee.  
           (c) Services to be billed using the uniform billing form 
        HCFA 1450 include:  institutional inpatient hospital services 
        and distinct units in the hospital such as psychiatric unit 
        services, physical therapy unit services, swing bed (SNF)  
        services, inpatient state psychiatric hospital services, 
        inpatient skilled nursing facility services, home health 
        services (Medicare part A), and hospice services; ancillary 
        services, where benefits are exhausted or patient has no 
        Medicare part A, from hospitals, state psychiatric hospitals, 
        skilled nursing facilities, and home health (Medicare part B); 
        and institutional owned or operated outpatient services such as 
        waivered services, hospital outpatient services, including 
        ambulatory surgical center services, hospital referred 
        laboratory services, hospital-based ambulance services, and 
        other hospital outpatient services, skilled nursing facilities, 
        home health, including infusion therapy, freestanding renal 
        dialysis centers, comprehensive outpatient rehabilitation 
        facilities (CORF), outpatient rehabilitation facilities (ORF), 
        rural health clinics, and community mental health centers,; home 
        health services such as home health intravenous therapy 
        providers, waivered services, personal care attendants, and 
        hospice; and any other health care provider certified by the 
        Medicare program to use this form. 
           (d) On and after January 1, 1996, a mother and newborn 
        child must be billed separately, and must not be combined on one 
        claim form. 
           Sec. 5.  Minnesota Statutes 1998, section 62J.52, 
        subdivision 2, is amended to read: 
           Subd. 2.  [UNIFORM BILLING FORM HCFA 1500.] (a) On and 
        after January 1, 1996, all noninstitutional health care services 
        rendered by providers in Minnesota except dental or pharmacy 
        providers, that are not currently being billed using an 
        equivalent electronic billing format, must be billed using the 
        health insurance claim form HCFA 1500, except as provided in 
        subdivision 5. 
           (b) The instructions and definitions for the use of the 
        uniform billing form HCFA 1500 shall be in accordance with the 
        manual developed by the administrative uniformity committee 
        entitled standards for the use of the HCFA 1500 form, dated 
        February 1994, as further defined by the commissioner. 
           (c) Services to be billed using the uniform billing form 
        HCFA 1500 include physician services and supplies, durable 
        medical equipment, noninstitutional ambulance services, 
        independent ancillary services including occupational therapy, 
        physical therapy, speech therapy and audiology, podiatry 
        services, optometry services, mental health licensed 
        professional services, substance abuse licensed professional 
        services, nursing practitioner professional services, certified 
        registered nurse anesthetists, chiropractors, physician 
        assistants, laboratories, medical suppliers, and other health 
        care providers such as home health intravenous therapy 
        providers, personal care attendants, day activity centers, 
        waivered services, hospice, and other home health services, and 
        freestanding ambulatory surgical centers. 
           Sec. 6.  Minnesota Statutes 1998, section 62J.52, 
        subdivision 5, is amended to read: 
           Subd. 5.  [STATE AND FEDERAL HEALTH CARE PROGRAMS.] (a) 
        Skilled nursing facilities and ICF/MR services billed to state 
        and federal health care programs administered by the department 
        of human services shall use the form designated by the 
        department of human services. 
           (b) On and after July 1, 1996, state and federal health 
        care programs administered by the department of human services 
        shall accept the HCFA 1450 for community mental health center 
        services and shall accept the HCFA 1500 for freestanding 
        ambulatory surgical center services. 
           (c) State and federal health care programs administered by 
        the department of human services shall be authorized to use the 
        forms designated by the department of human services for 
        pharmacy services and for child and teen checkup services. 
           (d) State and federal health care programs administered by 
        the department of human services shall accept the form 
        designated by the department of human services, and the HCFA 
        1500 for supplies, medical supplies, or durable medical 
        equipment.  Health care providers may choose which form to 
        submit. 
           (e) Personal care attendant and waivered services billed on 
        a fee-for-service basis directly to state and federal health 
        care programs administered by the department of human services 
        shall use either the HCFA 1450 or the HCFA 1500 form, as 
        designated by the department of human services. 
           Sec. 7.  [62J.581] [STANDARDS FOR MINNESOTA UNIFORM HEALTH 
        CARE REIMBURSEMENT DOCUMENTS.] 
           Subdivision 1.  [MINNESOTA UNIFORM REMITTANCE ADVICE 
        REPORT.] All group purchasers and payers shall provide a uniform 
        remittance advice report to health care providers when a claim 
        is adjudicated.  The uniform remittance advice report shall 
        comply with the standards prescribed in this section. 
           Subd. 2.  [MINNESOTA UNIFORM EXPLANATION OF BENEFITS 
        DOCUMENT.] All group purchasers and payers shall provide a 
        uniform explanation of benefits document to health care patients 
        when a claim is adjudicated.  The uniform explanation of 
        benefits document shall comply with the standards prescribed in 
        this section. 
           Subd. 3.  [SCOPE.] For purposes of sections 62J.50 to 
        62J.61, the uniform remittance advice report and the uniform 
        explanation of benefits document format specified in subdivision 
        4 shall apply to all health care services delivered by a health 
        care provider or health care provider organization in Minnesota, 
        regardless of the location of the payer.  Health care services 
        not paid on an individual claims basis, such as capitated 
        payments, are not included in this section.  A health plan 
        company is excluded from the requirements in subdivisions 1 and 
        2 if they comply with section 62A.01, subdivisions 2 and 3. 
           Subd. 4.  [SPECIFICATIONS.] The uniform remittance advice 
        report and the uniform explanation of benefits document shall be 
        provided by use of a paper document conforming to the 
        specifications in this section or by use of the ANSI X12N 835 
        standard electronic format as established under United States 
        Code, title 42, sections 1320d to 1320d-8, and as amended from 
        time to time for the remittance advice.  The commissioner, after 
        consulting with the administrative uniformity committee, shall 
        specify the data elements and definitions for the uniform 
        remittance advice report and the uniform explanation of benefits 
        document.  The commissioner and the administrative uniformity 
        committee must consult with the Minnesota Dental Association and 
        Delta Dental Plan of Minnesota before requiring under this 
        section the use of a paper document for the uniform explanation 
        of benefits document or the uniform remittance advice report for 
        dental care services.  
           Subd. 5.  [EFFECTIVE DATE.] The requirements in 
        subdivisions 1 and 2 are effective 12 months after the date of 
        required compliance with the standards for the electronic 
        remittance advice transaction under United States Code, title 
        42, sections 1320d to 1320d-8, and as amended from time to 
        time.  The requirements in subdivisions 1 and 2 apply regardless 
        of when the health care service was provided to the patient. 
           Sec. 8.  Minnesota Statutes 1998, section 62J.60, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [MINNESOTA HEALTH CARE IDENTIFICATION 
        CARD.] All individuals with health care coverage shall be issued 
        health care identification cards by group purchasers as of 
        January 1, 1998, unless the requirements of section 62A.01, 
        subdivisions 2 and 3, are met.  The health care identification 
        cards shall comply with the standards prescribed in this section.
           Sec. 9.  [146A.01] [DEFINITIONS.] 
           Subdivision 1.  [TERMS.] As used in this chapter, the 
        following terms have the meanings given them. 
           Subd. 2.  [COMMISSIONER.] "Commissioner" means the 
        commissioner of health or the commissioner's designee. 
           Subd. 3.  [COMPLEMENTARY AND ALTERNATIVE HEALTH CARE 
        CLIENT.] "Complementary and alternative health care client" 
        means an individual who receives services from an unlicensed 
        complementary and alternative health care practitioner. 
           Subd. 4.  [COMPLEMENTARY AND ALTERNATIVE HEALTH CARE 
        PRACTICES.] (a) "Complementary and alternative health care 
        practices" means the broad domain of complementary and 
        alternative healing methods and treatments, including but not 
        limited to:  (1) acupressure; (2) anthroposophy; (3) aroma 
        therapy; (4) ayurveda; (5) cranial sacral therapy; (6) 
        culturally traditional healing practices; (7) detoxification 
        practices and therapies; (8) energetic healing; (9) polarity 
        therapy; (10) folk practices; (11) healing practices utilizing 
        food, food supplements, nutrients, and the physical forces of 
        heat, cold, water, touch, and light; (12) Gerson therapy and 
        colostrum therapy; (13) healing touch; (14) herbology or 
        herbalism; (15) homeopathy; (16) nondiagnostic iridology; (17) 
        body work, massage, and massage therapy; (18) meditation; (19) 
        mind-body healing practices; (20) naturopathy; (21) noninvasive 
        instrumentalities; and (22) traditional Oriental practices, such 
        as Qi Gong energy healing. 
           (b) Complementary and alternative health care practices do 
        not include surgery, x-ray radiation, administering or 
        dispensing legend drugs and controlled substances, practices 
        that invade the human body by puncture of the skin, setting 
        fractures, the use of medical devices as defined in section 
        147A.01, any practice included in the practice of dentistry as 
        defined in section 150A.05, subdivision 1, or the manipulation 
        or adjustment of articulations of joints or the spine as 
        described in section 146.23 or 148.01. 
           (c) Complementary and alternative health care practices do 
        not include practices that are permitted under section 147.09, 
        clause (11), or 148.271, clause (5).  
           (d) This chapter does not apply to, control, prevent, or 
        restrict the practice, service, or activity of lawfully 
        marketing or distributing food products, including dietary 
        supplements as defined in the federal Dietary Supplement Health 
        and Education Act, educating customers about such products, or 
        explaining the uses of such products.  Under Minnesota law, an 
        unlicensed complementary and alternative health care 
        practitioner may not provide a medical diagnosis or recommend 
        discontinuance of medically prescribed treatments. 
           Subd. 5.  [OFFICE OF UNLICENSED COMPLEMENTARY AND 
        ALTERNATIVE HEALTH CARE PRACTICE OR OFFICE.] "Office of 
        unlicensed complementary and alternative health care practice" 
        or "office" means the office of unlicensed complementary and 
        alternative health care practice established in section 146A.02. 
           Subd. 6.  [UNLICENSED COMPLEMENTARY AND ALTERNATIVE HEALTH 
        CARE PRACTITIONER.] (a) "Unlicensed complementary and 
        alternative health care practitioner" means a person who: 
           (1) either: 
           (i) is not licensed or registered by a health-related 
        licensing board or the commissioner of health; or 
           (ii) is licensed or registered by the commissioner of 
        health or a health-related licensing board other than the board 
        of medical practice, the board of dentistry, the board of 
        chiropractic examiners, or the board of podiatric medicine, but 
        does not hold oneself out to the public as being licensed or 
        registered by the commissioner or a health-related licensing 
        board when engaging in complementary and alternative health 
        care; 
           (2) has not had a license or registration issued by a 
        health-related licensing board or the commissioner of health 
        revoked or has not been disciplined in any manner at any time in 
        the past, unless the right to engage in complementary and 
        alternative health care practices has been established by order 
        of the commissioner of health; 
           (3) is engaging in complementary and alternative health 
        care practices; and 
           (4) is providing complementary and alternative health care 
        services for remuneration or is holding oneself out to the 
        public as a practitioner of complementary and alternative health 
        care practices. 
           (b) A health care practitioner licensed or registered by 
        the commissioner or a health-related licensing board, who 
        engages in complementary and alternative health care while 
        practicing under the practitioner's license or registration, 
        shall be regulated by and be under the jurisdiction of the 
        applicable health-related licensing board with regard to the 
        complementary and alternative health care practices.  
           Sec. 10.  [146A.02] [OFFICE OF UNLICENSED COMPLEMENTARY AND 
        ALTERNATIVE HEALTH CARE PRACTICE.] 
           Subdivision 1.  [CREATION.] The office of unlicensed 
        complementary and alternative health care practice is created in 
        the department of health to investigate complaints and take and 
        enforce disciplinary actions against all unlicensed 
        complementary and alternative health care practitioners for 
        violations of prohibited conduct, as defined in section 
        146A.08.  The office shall also serve as a clearinghouse on 
        complementary and alternative health care practices and 
        unlicensed complementary and alternative health care 
        practitioners through the dissemination of objective information 
        to consumers and through the development and performance of 
        public education activities, including outreach, regarding the 
        provision of complementary and alternative health care practices 
        and unlicensed complementary and alternative health care 
        practitioners who provide these services. 
           Subd. 2.  [RULEMAKING.] The commissioner shall adopt rules 
        necessary to implement, administer, or enforce provisions of 
        this chapter pursuant to chapter 14. 
           Sec. 11.  [146A.025] [MALTREATMENT OF MINORS.] 
           Nothing in this chapter shall restrict the ability of a 
        local welfare agency, local law enforcement agency, the 
        commissioner of human services, or the state to take action 
        regarding the maltreatment of minors under section 609.378 or 
        626.556.  A parent who obtains complementary and alternative 
        health care for the parent's minor child is not relieved of the 
        duty to seek necessary medical care consistent with the 
        requirements of sections 609.378 and 626.556.  A complementary 
        or alternative health care practitioner who is providing 
        services to a child who is not receiving necessary medical care 
        must make a report under section 626.556.  A complementary or 
        alternative health care provider is a mandated reporter under 
        section 626.556, subdivision 3. 
           Sec. 12.  [146A.03] [REPORTING OBLIGATIONS.] 
           Subdivision 1.  [PERMISSION TO REPORT.] A person who has 
        knowledge of any conduct constituting grounds for disciplinary 
        action relating to complementary and alternative health care 
        practices under this chapter may report the violation to the 
        office. 
           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 office 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 unlicensed complementary and alternative health 
        care practitioner's privilege to practice or treat complementary 
        and alternative health care 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 office under this chapter.  The 
        institution, organization, or governmental entity shall also 
        report the resignation of any unlicensed complementary and 
        alternative health care practitioners prior to the conclusion of 
        any disciplinary action proceeding for conduct that might 
        constitute grounds for disciplinary action under this chapter or 
        prior to 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 unlicensed complementary and 
        alternative health care practitioners shall report to the office 
        any termination, revocation, or suspension of membership or any 
        other disciplinary action taken against an unlicensed 
        complementary and alternative health care practitioner.  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 office. 
           Subd. 4.  [LICENSED PROFESSIONALS.] A licensed health 
        professional shall report to the office personal knowledge of 
        any conduct that the licensed health professional reasonably 
        believes constitutes grounds for disciplinary action under this 
        chapter by any unlicensed complementary and alternative health 
        care practitioner, including conduct indicating that the 
        individual may be incompetent or may be mentally 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 unlicensed complementary and alternative health 
        care practitioner, and the treating individual successfully 
        counsels the other practitioner to limit or withdraw from 
        practice to the extent required by the impairment, the office 
        may deem this limitation of or withdrawal from practice to be 
        sufficient disciplinary action. 
           Subd. 5.  [INSURERS.] Four times each year as prescribed by 
        the commissioner, each insurer authorized to sell insurance 
        described in section 60A.06, subdivision 1, clause (13), and 
        providing professional liability insurance to unlicensed 
        complementary and alternative health care practitioners or the 
        medical joint underwriting association under chapter 62F shall 
        submit to the office a report concerning the unlicensed 
        complementary and alternative health care practitioners against 
        whom malpractice settlements or awards have been made.  The 
        response 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 malpractice settlement or 
        award; 
           (5) the regular address of the practice of the unlicensed 
        complementary and alternative health care practitioner against 
        whom an award was made or with whom a settlement was made; and 
           (6) the name of the unlicensed complementary and 
        alternative health care practitioner 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 office any information, records, and 
        files, including clients' charts and records, it possesses that 
        tend to substantiate a charge that an unlicensed complementary 
        and alternative health care practitioner may have engaged in 
        conduct violating this chapter. 
           Subd. 6.  [COURTS.] The court administrator of district 
        court or any other court of competent jurisdiction shall report 
        to the office any judgment or other determination of the court 
        that adjudges or includes a finding that an unlicensed 
        complementary and alternative health care practitioner is 
        mentally ill, mentally incompetent, guilty of a felony, guilty 
        of a violation of federal or state narcotics laws or controlled 
        substances act, or guilty of abuse or fraud under Medicare or 
        Medicaid; or that appoints a guardian of the unlicensed 
        complementary and alternative health care practitioner under 
        sections 525.54 to 525.61 or commits an unlicensed complementary 
        and alternative health care practitioner under chapter 253B. 
           Subd. 7.  [SELF-REPORTING.] An unlicensed complementary and 
        alternative health care practitioner shall report to the office 
        any personal action that would require that a report be filed 
        with the office by any person, health care facility, business, 
        or organization pursuant to subdivisions 2 to 5.  The 
        practitioner shall also report the revocation, suspension, 
        restriction, limitation, or other disciplinary action against 
        the practitioner's license, certificate, registration, or right 
        of practice in another state or jurisdiction for offenses that 
        would be subject to disciplinary action in this state and also 
        report the filing of charges regarding the practitioner's 
        license, certificate, registration, or right of practice in 
        another state or jurisdiction. 
           Subd. 8.  [DEADLINES; FORMS.] Reports required by 
        subdivisions 2 to 7 must be submitted not later than 30 days 
        after the reporter learns of the occurrence of the reportable 
        event or transaction.  The office may provide forms for the 
        submission of reports required by this section, may require that 
        reports be submitted on the forms provided, and may adopt rules 
        necessary to ensure prompt and accurate reporting. 
           Sec. 13.  [146A.04] [IMMUNITY.] 
           Subdivision 1.  [REPORTING.] Any person, other than the 
        unlicensed complementary and alternative health care 
        practitioner who committed the violation, health care facility, 
        business, or organization is immune from civil liability or 
        criminal prosecution for submitting a report to the office, for 
        otherwise reporting to the office violations or alleged 
        violations of this chapter, or for cooperating with an 
        investigation of a report, except as provided in this 
        subdivision.  Any person who knowingly or recklessly makes a 
        false report is liable in a civil suit for any damages suffered 
        by the person or persons so reported and for any punitive 
        damages set by the court or jury.  An action requires clear and 
        convincing evidence that the defendant made the statement with 
        knowledge of falsity or with reckless disregard for its truth or 
        falsity.  The report or statement or any statement made in 
        cooperation with an investigation or as part of a disciplinary 
        proceeding is privileged except in an action brought under this 
        subdivision. 
           Subd. 2.  [INVESTIGATION.] The commissioner and employees 
        of the department of health and other persons engaged in the 
        investigation of violations and in the preparation, 
        presentation, and management of and testimony pertaining to 
        charges of violations of this chapter are immune from civil 
        liability and criminal prosecution for any actions, 
        transactions, or publications in the execution of, or relating 
        to, their duties under this chapter. 
           Sec. 14.  [146A.05] [DISCIPLINARY RECORD ON JUDICIAL 
        REVIEW.] 
           Upon judicial review of any disciplinary action taken by 
        the commissioner under this chapter, the reviewing court shall 
        seal the portions of the administrative record that contain data 
        on a complementary and alternative health care client or a 
        complainant under section 146A.03, and shall not make those 
        portions of the administrative record available to the public. 
           Sec. 15.  [146A.06] [PROFESSIONAL COOPERATION; UNLICENSED 
        PRACTITIONER.] 
           Subdivision 1.  [COOPERATION.] An unlicensed complementary 
        and alternative health care practitioner who is the subject of 
        an investigation, or who is questioned in connection with an 
        investigation, by or on behalf of the office, 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; 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 complementary and alternative health 
        care practitioner shall delete in the record any data that 
        identifies the client before providing it to the office.  If an 
        unlicensed complementary and alternative health care 
        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 complementary and 
        alternative health care 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. 
           Subd. 2.  [DATA.] (a) Data relating to investigations of 
        complaints and disciplinary actions involving unlicensed 
        complementary and alternative health care practitioners are 
        governed by this subdivision and section 13.41 does not apply.  
        Except as provided in section 13.39, subdivision 2, and 
        paragraph (b), data relating to investigations of complaints and 
        disciplinary actions involving unlicensed complementary and 
        alternative health care practitioners are public data, 
        regardless of the outcome of any investigation, action, or 
        proceeding. 
           (b) The following data are private data on individuals, as 
        defined in section 13.02: 
           (1) data on a complementary and alternative health care 
        client; 
           (2) data on a complainant under section 146A.03; and 
           (3) data on the nature or content of unsubstantiated 
        complaints when the information is not maintained in 
        anticipation of legal action. 
           Subd. 3.  [EXCHANGING INFORMATION.] (a) The office shall 
        establish internal operating procedures for: 
           (1) exchanging information with state boards; agencies, 
        including the office of ombudsman for mental health and mental 
        retardation; health-related and law enforcement facilities; 
        departments responsible for licensing health-related 
        occupations, facilities, and programs; and law enforcement 
        personnel in this and other states; and 
           (2) coordinating investigations involving matters within 
        the jurisdiction of more than one regulatory agency. 
           (b) The procedures for exchanging information must provide 
        for the forwarding to the entities described in paragraph (a), 
        clause (1), of information and evidence, including the results 
        of investigations, that are relevant to matters within the 
        regulatory jurisdiction of the organizations in paragraph (a).  
        The data have the same classification in the hands of the agency 
        receiving the data as they have in the hands of the agency 
        providing the data. 
           (c) The office shall establish procedures for exchanging 
        information with other states regarding disciplinary action 
        against unlicensed complementary and alternative health care 
        practitioners. 
           (d) The office shall forward to another governmental agency 
        any complaints received by the office that do not relate to the 
        office's jurisdiction but that relate to matters within the 
        jurisdiction of the other governmental agency.  The agency to 
        which a complaint is forwarded shall advise the office of the 
        disposition of the complaint.  A complaint or other information 
        received by another governmental agency relating to a statute or 
        rule that the office is empowered to enforce must be forwarded 
        to the office to be processed in accordance with this section. 
           (e) The office shall furnish to a person who made a 
        complaint a description of the actions of the office relating to 
        the complaint. 
           Sec. 16.  [146A.07] [PROFESSIONAL ACCOUNTABILITY.] 
           The office shall maintain and keep current a file 
        containing the reports and complaints filed against unlicensed 
        complementary and alternative health care practitioners within 
        the commissioner's jurisdiction.  Each complaint filed with the 
        office must be investigated.  If the files maintained by the 
        office show that a malpractice settlement or award has been made 
        against an unlicensed complementary and alternative health care 
        practitioner, as reported by insurers under section 146A.03, 
        subdivision 5, the commissioner may authorize a review of the 
        practitioner's practice by the staff of the office. 
           Sec. 17.  [146A.08] [PROHIBITED CONDUCT.] 
           Subdivision 1.  [PROHIBITED CONDUCT.] The commissioner may 
        impose disciplinary action as described in section 146A.09 
        against any unlicensed complementary and alternative health care 
        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 engaging in complementary and 
        alternative health care practices.  Conviction, as used in this 
        subdivision, includes a conviction of an offense which, if 
        committed in this state, would be deemed a felony, gross 
        misdemeanor, or 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 any crime against a person.  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; 
        609.2242; 609.23; 609.231; 609.2325; 609.233; 609.2335; 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, subdivision 1, clause 
        (1); 609.561; 609.562; 609.595; and 609.72, subdivision 3. 
           (c) Failure to comply with the self-reporting requirements 
        of section 146A.03, subdivision 7. 
           (d) Engaging in sexual contact with a complementary and 
        alternative health care client or former client, engaging in 
        contact that may be reasonably interpreted by a client as 
        sexual, 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.  For purposes of this 
        clause, "former client" means a person who has obtained services 
        from the unlicensed complementary and alternative health care 
        practitioner within the past two years. 
           (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 complementary and alternative health 
        care client; or any other practice that may create 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 engage in complementary and alternative 
        health care practices with reasonable safety to complementary 
        and alternative health care 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 
        complementary and alternative health care client except when 
        otherwise required or permitted by law. 
           (l) Failure to comply with a complementary and alternative 
        health care client's request made under section 144.335 or to 
        furnish a complementary and alternative health care 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 complementary and alternative 
        health care 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 146A.03 
        or cooperate with an investigation of the office. 
           (p) Obtaining money, property, or services from a 
        complementary and alternative health care 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 complementary and alternative health care client in which 
        the objectivity of the unlicensed complementary and alternative 
        health care practitioner would be impaired. 
           (r) Failure to provide a complementary and alternative 
        health care 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 any provision of sections 
        146A.01 to 146A.11 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 any health care license, 
        certificate, registration, or right to practice of the 
        unlicensed complementary and alternative health care 
        practitioner 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 that charges regarding 
        the practitioner's license, certificate, registration, or right 
        of practice have been brought in this or another state or 
        jurisdiction.  
           (w) Use of the title "doctor," "Dr.," or "physician" alone 
        or in combination with any other words, letters, or insignia to 
        describe the complementary and alternative health care practices 
        the practitioner provides. 
           (x) Failure to provide a complementary and alternative 
        health care client with a recommendation that the client see a 
        health care provider who is licensed or registered by a 
        health-related licensing board or the commissioner of health, if 
        there is a reasonable likelihood that the client needs to be 
        seen by a licensed or registered health care provider.  
           Subd. 2.  [LESS CUSTOMARY APPROACH.] The fact that a 
        complementary and alternative health care practice may be a less 
        customary approach to health care shall not constitute the basis 
        of a disciplinary action per se. 
           Subd. 3.  [EVIDENCE.] In disciplinary actions alleging a 
        violation of subdivision 1, paragraph (a), (b), (c), or (g), a 
        copy of the judgment or proceeding under the seal of the court 
        administrator or of the administrative agency that entered the 
        same is admissible into evidence without further authentication 
        and constitutes prima facie evidence of its contents. 
           Subd. 4.  [EXAMINATION; ACCESS TO MEDICAL DATA.] (a) If the 
        commissioner has probable cause to believe that an unlicensed 
        complementary and alternative health care practitioner has 
        engaged in conduct prohibited by subdivision 1, paragraph (g), 
        (h), (i), or (j), the commissioner may issue an order directing 
        the practitioner to submit to a mental or physical examination 
        or chemical dependency evaluation.  For the purpose of this 
        subdivision, every unlicensed complementary and alternative 
        health care practitioner is deemed to have consented to submit 
        to a mental or physical examination or chemical dependency 
        evaluation when ordered to do so in writing by the commissioner 
        and further to have waived all objections to the admissibility 
        of the testimony or examination reports of the health care 
        provider performing the examination or evaluation on the grounds 
        that the same constitute a privileged communication.  Failure of 
        an unlicensed complementary and alternative health care 
        practitioner to submit to an examination or evaluation when 
        ordered, unless the failure was due to circumstances beyond the 
        practitioner's control, constitutes an admission that the 
        unlicensed complementary and alternative health care 
        practitioner violated subdivision 1, paragraph (g), (h), (i), or 
        (j), based on the factual specifications in the examination or 
        evaluation order and may result in a default and final 
        disciplinary order being entered after a contested case 
        hearing.  An unlicensed complementary and alternative health 
        care practitioner affected under this paragraph shall at 
        reasonable intervals be given an opportunity to demonstrate that 
        the practitioner can resume the provision of complementary and 
        alternative health care practices with reasonable safety to 
        clients.  In any proceeding under this paragraph, neither the 
        record of proceedings nor the orders entered by the commissioner 
        shall be used against an unlicensed complementary and 
        alternative health care practitioner in any other proceeding. 
           (b) In addition to ordering a physical or mental 
        examination or chemical dependency evaluation, the commissioner 
        may, notwithstanding section 13.42; 144.651; 595.02; or any 
        other law limiting access to medical or other health data, 
        obtain medical data and health records relating to an unlicensed 
        complementary and alternative health care practitioner without 
        the practitioner's consent if the commissioner has probable 
        cause to believe that a practitioner has engaged in conduct 
        prohibited by subdivision 1, paragraph (g), (h), (i), or (j).  
        The medical data may be requested from a provider as defined in 
        section 144.335, subdivision 1, paragraph (b), an insurance 
        company, or a government agency, including the department of 
        human services.  A provider, insurance company, or government 
        agency shall comply with any written request of the commissioner 
        under this subdivision and is not liable in any action for 
        damages for releasing the data requested by the commissioner if 
        the data are released pursuant to a written request under this 
        subdivision, unless the information is false and the person or 
        organization giving the information knew or had reason to 
        believe the information was false.  Information obtained under 
        this subdivision is private data under section 13.41. 
           Sec. 18.  [146A.09] [DISCIPLINARY ACTIONS.] 
           Subdivision 1.  [FORMS OF DISCIPLINARY ACTION.] When the 
        commissioner finds that an unlicensed complementary and 
        alternative health care practitioner has violated any provision 
        of this chapter, the commissioner may take one or more of the 
        following actions, only against the individual practitioner: 
           (1) revoke the right to practice; 
           (2) suspend the right to practice; 
           (3) impose limitations or conditions on the practitioner's 
        provision of complementary and alternative health care 
        practices, impose rehabilitation requirements, or require 
        practice under supervision; 
           (4) 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 practitioner of any economic advantage 
        gained by reason of the violation charged or to reimburse the 
        office for all costs of the investigation and proceeding; 
           (5) censure or reprimand the practitioner; 
           (6) impose a fee on the practitioner to reimburse the 
        office for all or part of the cost of the proceedings resulting 
        in disciplinary action including, but not limited to, the amount 
        paid by the office for services from the office of 
        administrative hearings, attorney fees, court reports, 
        witnesses, reproduction of records, staff time, and expense 
        incurred by the staff of the office of unlicensed complementary 
        and alternative health care practice; or 
           (7) any other action justified by the case. 
           Subd. 2.  [DISCOVERY; SUBPOENAS.] In all matters relating 
        to the lawful activities of the office, the commissioner may 
        issue subpoenas and compel the attendance of witnesses and the 
        production of all necessary papers, books, records, documents, 
        and other evidentiary material.  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 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 may be served upon a 
        person it names anywhere within the state by any officer 
        authorized to serve subpoenas or other process 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.  [HEARINGS.] If the commissioner proposes to take 
        action against the practitioner as described in subdivision 1, 
        the commissioner must first notify the practitioner against whom 
        the action is proposed to be taken and provide the practitioner 
        with an opportunity to request a hearing under the contested 
        case provisions of chapter 14.  If the practitioner does not 
        request a hearing by notifying the commissioner within 30 days 
        after service of the notice of the proposed action, the 
        commissioner may proceed with the action without a hearing. 
           Subd. 4.  [REINSTATEMENT.] The commissioner may at the 
        commissioner's discretion reinstate the right to practice and 
        may impose any disciplinary measure listed under subdivision 1. 
           Subd. 5.  [TEMPORARY SUSPENSION.] In addition to any other 
        remedy provided by law, the commissioner may, acting through a 
        person to whom the commissioner has delegated this authority and 
        without a hearing, temporarily suspend the right of an 
        unlicensed complementary and alternative health care 
        practitioner to practice if the commissioner's delegate finds 
        that the practitioner has violated a statute or rule that the 
        commissioner is empowered to enforce and continued practice by 
        the practitioner would create a serious risk of harm to others.  
        The suspension is in 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 practitioner.  Service of the order is 
        effective if the order is served on the practitioner or counsel 
        of record 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 office or practitioner shall be in affidavit form only.  The 
        practitioner or the counsel of record may appear for oral 
        argument.  Within five working days after the hearing, the 
        commissioner shall issue the commissioner's 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. 
           Subd. 6.  [AUTOMATIC SUSPENSION.] The right of an 
        unlicensed complementary and alternative health care 
        practitioner to practice is automatically suspended if (1) a 
        guardian of an unlicensed complementary and alternative health 
        care practitioner is appointed by order of a court under 
        sections 525.54 to 525.61, or (2) the practitioner is committed 
        by order of a court pursuant to chapter 253B.  The right to 
        practice remains suspended until the practitioner is restored to 
        capacity by a court and, upon petition by the practitioner, the 
        suspension is terminated by the commissioner after a hearing or 
        upon agreement between the commissioner and the practitioner. 
           Subd. 7.  [LICENSED OR REGULATED PRACTITIONERS.] If a 
        practitioner investigated under this section is licensed or 
        registered by the commissioner of health or a health-related 
        licensing board, is subject to the jurisdiction of the 
        commissioner under section 146A.01, subdivision 6, paragraph 
        (a), clause (1), item (ii), and the commissioner determines that 
        the practitioner has violated any provision of this chapter, the 
        commissioner, in addition to taking disciplinary action under 
        this section: 
           (1) may, if the practitioner is licensed or regulated in 
        another capacity by the commissioner, take further disciplinary 
        action against the practitioner in that capacity; or 
           (2) shall, if the practitioner is licensed or registered in 
        another capacity by a health-related licensing board, report the 
        commissioner's findings under this section, and may make a 
        nonbinding recommendation that the board take further action 
        against the practitioner in that capacity. 
           Sec. 19.  [146A.10] [ADDITIONAL REMEDIES.] 
           Subdivision 1.  [CEASE AND DESIST.] (a) 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 office has issued or is empowered 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. 
           (b) A hearing must be initiated by the office not later 
        than 30 days from the date of the office's receipt of a written 
        hearing request.  Within 30 days of receipt of the 
        administrative law judge's report, 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. 
           (c) 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 days of receiving the 
        administrative law judge's recommendation. 
           (d) In the event of noncompliance with a cease and desist 
        order, the commissioner may institute a proceeding in Hennepin 
        county district court to obtain injunctive relief or other 
        appropriate relief, including a civil penalty payable to the 
        office 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 Hennepin county 
        district court for injunctive relief to restrain an unlicensed 
        complementary and alternative health care practitioner from a 
        violation or threatened violation of any statute, rule, or order 
        which the commissioner is empowered to regulate, enforce, or 
        issue.  A temporary restraining order must be granted in the 
        proceeding if continued activity by a practitioner would create 
        a serious risk of harm to others.  The commissioner need not 
        show irreparable harm. 
           Subd. 3.  [ADDITIONAL POWERS.] The issuance of a cease and 
        desist order or injunctive relief granted under this section 
        does not relieve a practitioner from criminal prosecution by a 
        competent authority or from disciplinary action by the 
        commissioner. 
           Sec. 20.  [146A.11] [COMPLEMENTARY AND ALTERNATIVE HEALTH 
        CARE CLIENT BILL OF RIGHTS.] 
           Subdivision 1.  [SCOPE.] All unlicensed complementary and 
        alternative health care practitioners shall provide to each 
        complementary and alternative health care client prior to 
        providing treatment a written copy of the complementary and 
        alternative health care client bill of rights.  A copy must also 
        be posted in a prominent location in the office of the 
        unlicensed complementary and alternative health care 
        practitioner.  Reasonable accommodations shall be made for those 
        clients who cannot read or who have communication impairments 
        and those who do not read or speak English.  The complementary 
        and alternative health care client bill of rights shall include 
        the following: 
           (1) the name, complementary and alternative health care 
        title, business address, and telephone number of the unlicensed 
        complementary and alternative health care practitioner; 
           (2) the degrees, training, experience, or other 
        qualifications of the practitioner regarding the complimentary 
        and alternative health care being provided, followed by the 
        following statement in bold print: 
           "THE STATE OF MINNESOTA HAS NOT ADOPTED ANY EDUCATIONAL AND 
        TRAINING STANDARDS FOR UNLICENSED COMPLEMENTARY AND ALTERNATIVE 
        HEALTH CARE PRACTITIONERS.  THIS STATEMENT OF CREDENTIALS IS FOR 
        INFORMATION PURPOSES ONLY. 
           Under Minnesota law, an unlicensed complementary and 
        alternative health care practitioner may not provide a medical 
        diagnosis or recommend discontinuance of medically prescribed 
        treatments.  If a client desires a diagnosis from a licensed 
        physician, chiropractor, or acupuncture practitioner, or 
        services from a physician, chiropractor, nurse, osteopath, 
        physical therapist, dietitian, nutritionist, acupuncture 
        practitioner, athletic trainer, or any other type of health care 
        provider, the client may seek such services at any time."; 
           (3) the name, business address, and telephone number of the 
        practitioner's supervisor, if any; 
           (4) notice that a complementary and alternative health care 
        client has the right to file a complaint with the practitioner's 
        supervisor, if any, and the procedure for filing complaints; 
           (5) the name, address, and telephone number of the office 
        of unlicensed complementary and alternative health care practice 
        and notice that a client may file complaints with the office; 
           (6) the practitioner's fees per unit of service, the 
        practitioner's method of billing for such fees, the names of any 
        insurance companies that have agreed to reimburse the 
        practitioner, or health maintenance organizations with whom the 
        practitioner contracts to provide service, whether the 
        practitioner accepts Medicare, medical assistance, or general 
        assistance medical care, and whether the practitioner is willing 
        to accept partial payment, or to waive payment, and in what 
        circumstances; 
           (7) a statement that the client has a right to reasonable 
        notice of changes in services or charges; 
           (8) a brief summary, in plain language, of the theoretical 
        approach used by the practitioner in providing services to 
        clients; 
           (9) notice that the client has a right to complete and 
        current information concerning the practitioner's assessment and 
        recommended service that is to be provided, including the 
        expected duration of the service to be provided; 
           (10) a statement that clients may expect courteous 
        treatment and to be free from verbal, physical, or sexual abuse 
        by the practitioner; 
           (11) a statement that client records and transactions with 
        the practitioner are confidential, unless release of these 
        records is authorized in writing by the client, or otherwise 
        provided by law; 
           (12) a statement of the client's right to be allowed access 
        to records and written information from records in accordance 
        with section 144.335; 
           (13) a statement that other services may be available in 
        the community, including where information concerning services 
        is available; 
           (14) a statement that the client has the right to choose 
        freely among available practitioners and to change practitioners 
        after services have begun, within the limits of health 
        insurance, medical assistance, or other health programs; 
           (15) a statement that the client has a right to coordinated 
        transfer when there will be a change in the provider of 
        services; 
           (16) a statement that the client may refuse services or 
        treatment, unless otherwise provided by law; and 
           (17) a statement that the client may assert the client's 
        rights without retaliation. 
           Subd. 2.  [ACKNOWLEDGMENT BY CLIENT.] Prior to the 
        provision of any service, a complementary and alternative health 
        care client must sign a written statement attesting that the 
        client has received the complementary and alternative health 
        care client bill of rights. 
           Sec. 21.  Minnesota Statutes 1999 Supplement, section 
        147.09, is amended to read: 
           147.09 [EXEMPTIONS.] 
           Section 147.081 does not apply to, control, prevent or 
        restrict the practice, service, or activities of:  
           (1) A person who is a commissioned medical officer of, a 
        member of, or employed by, the armed forces of the United 
        States, the United States Public Health Service, the Veterans 
        Administration, any federal institution or any federal agency 
        while engaged in the performance of official duties within this 
        state, if the person is licensed elsewhere.  
           (2) A licensed physician from a state or country who is in 
        actual consultation here.  
           (3) A licensed or registered physician who treats the 
        physician's home state patients or other participating patients 
        while the physicians and those patients are participating 
        together in outdoor recreation in this state as defined by 
        section 86A.03, subdivision 3.  A physician shall first register 
        with the board on a form developed by the board for that 
        purpose.  The board shall not be required to promulgate the 
        contents of that form by rule.  No fee shall be charged for this 
        registration.  
           (4) A student practicing under the direct supervision of a 
        preceptor while the student is enrolled in and regularly 
        attending a recognized medical school.  
           (5) A student who is in continuing training and performing 
        the duties of an intern or resident or engaged in postgraduate 
        work considered by the board to be the equivalent of an 
        internship or residency in any hospital or institution approved 
        for training by the board, provided the student has a residency 
        permit issued by the board under section 147.0391. 
           (6) A person employed in a scientific, sanitary, or 
        teaching capacity by the state university, the department of 
        children, families, and learning, or by any public or private 
        school, college, or other bona fide educational institution, a 
        nonprofit organization, which has tax-exempt status in 
        accordance with the Internal Revenue Code, section 501(c)(3), 
        and is organized and operated primarily for the purpose of 
        conducting scientific research directed towards discovering the 
        causes of and cures for human diseases, or the state department 
        of health, whose duties are entirely of a research, public 
        health, or educational character, while engaged in such duties; 
        provided that if the research includes the study of humans, such 
        research shall be conducted under the supervision of one or more 
        physicians licensed under this chapter. 
           (7) Physician's assistants registered in this state.  
           (8) A doctor of osteopathy duly licensed by the state board 
        of osteopathy under Minnesota Statutes 1961, sections 148.11 to 
        148.16, prior to May 1, 1963, who has not been granted a license 
        to practice medicine in accordance with this chapter provided 
        that the doctor confines activities within the scope of the 
        license. 
           (9) Any person licensed by a health related licensing 
        board, as defined in section 214.01, subdivision 2, or 
        registered by the commissioner of health pursuant to section 
        214.13, including psychological practitioners with respect to 
        the use of hypnosis; provided that the person confines 
        activities within the scope of the license.  
           (10) A person who practices ritual circumcision pursuant to 
        the requirements or tenets of any established religion. 
           (11) A Christian Scientist or other person who endeavors to 
        prevent or cure disease or suffering exclusively by mental or 
        spiritual means or by prayer. 
           (12) A physician licensed to practice medicine in another 
        state who is in this state for the sole purpose of providing 
        medical services at a competitive athletic event.  The physician 
        may practice medicine only on participants in the athletic 
        event.  A physician shall first register with the board on a 
        form developed by the board for that purpose.  The board shall 
        not be required to adopt the contents of the form by rule.  The 
        physician shall provide evidence satisfactory to the board of a 
        current unrestricted license in another state.  The board shall 
        charge a fee of $50 for the registration.  
           (13) A psychologist licensed under section 148.907 or a 
        social worker licensed under section 148B.21 who uses or 
        supervises the use of a penile or vaginal plethysmograph in 
        assessing and treating individuals suspected of engaging in 
        aberrant sexual behavior and sex offenders. 
           (14) Any person issued a training course certificate or 
        credentialed by the emergency medical services regulatory board 
        established in chapter 144E, provided the person confines 
        activities within the scope of training at the certified or 
        credentialed level. 
           (15) An unlicensed complementary and alternative health 
        care practitioner practicing according to chapter 146A. 
           Sec. 22.  Minnesota Statutes 1998, section 148.512, 
        subdivision 5, is amended to read: 
           Subd. 5.  [APPROVED CONTINUING EDUCATION SPONSOR.] 
        "Approved Continuing education sponsor" means an organization 
        that offers a learning experience designed to promote continuing 
        competency in the procedures and techniques of the practice of 
        speech-language pathology or audiology and that meets whose 
        activities meet the criteria in section 148.5193, subdivision 3, 
        or is a preapproved sponsor listed in section 148.5193, 
        subdivision 2. 
           Sec. 23.  Minnesota Statutes 1998, section 148.515, 
        subdivision 3, is amended to read: 
           Subd. 3.  [SUPERVISED CLINICAL TRAINING REQUIRED.] (a) An 
        applicant must complete at least 375 hours of supervised 
        clinical training as a student that meets the requirements of 
        paragraphs (b) to (f).  
           (b) The supervised clinical training must be provided by 
        the educational institution or by one of its cooperating 
        programs.  
           (c) The first 25 hours of the supervised clinical training 
        must be spent in clinical observation.  Those 25 hours must 
        concern the evaluation and treatment of children and adults with 
        disorders of speech, language, or hearing.  
           (d) All applicants must complete at least 350 hours of 
        supervised clinical training that concern the evaluation and 
        treatment of children and adults with disorders of speech, 
        language, and hearing.  At least 250 of the 350 hours must be at 
        the graduate level in the area in which registration is sought.  
        At least 50 hours must be spent in each of three types of 
        clinical settings including, but not limited to, university 
        clinics, hospitals, private clinics, and schools, including 
        secondary and elementary.  
           (e) An applicant seeking registration as a speech-language 
        pathologist must: 
           (1) obtain 250 of the 350 supervised hours in 
        speech-language pathology; 
           (2) complete a minimum of 20 hours of the 250 hours in each 
        of the following eight categories: 
           (i) evaluation:  speech disorders in children; 
           (ii) evaluation:  speech disorders in adults; 
           (iii) evaluation:  language disorders in children; 
           (iv) evaluation:  language disorders in adults; 
           (v) treatment:  speech disorders in children; 
           (vi) treatment:  speech disorders in adults; 
           (vii) treatment:  language disorders in children; and 
           (viii) treatment:  language disorders in adults; 
           (3) complete a minimum of 35 hours in audiology including:  
           (i) 15 hours in the evaluation or screening of individuals 
        with hearing disorders; and 
           (ii) 15 hours in habilitation or rehabilitation of 
        individuals with hearing impairment 20 of the 350 hours in 
        audiology; and 
           (4) obtain no more than 20 hours in the major professional 
        area that are in related disorders.  
           (f) An applicant seeking registration as an audiologist 
        must: 
           (1) obtain 250 of the 350 hours in audiology; 
           (2) complete a minimum of 40 hours in each of the following 
        four categories of the 250 hours in each of the first two of the 
        following categories, complete at least 80 hours in categories 
        (iii) and (iv), with at least ten hours in each of categories 
        (i) to (iv), and complete at least 20 hours in category (v): 
           (i) evaluation:  hearing in children; 
           (ii) evaluation:  hearing in adults; 
           (iii) selection and use:  amplification and assistive 
        devices for children; and 
           (iv) selection and use:  amplification and assistive 
        devices for adults; and 
           (v) treatment:  hearing disorders in children and adults; 
           (3) complete a minimum of 20 hours in the category of the 
        treatment of hearing disorders in children and adults; 
           (4) complete a minimum of 35 hours 20 of the 350 hours in 
        speech-language pathology unrelated to hearing impairment as 
        follows:  
           (i) 15 hours in evaluation or screening; and 
           (ii) 15 hours in treatment; and 
           (5) (4) obtain no more than 20 hours in the major 
        professional area that are in related disorders.  
           Sec. 24.  Minnesota Statutes 1998, section 148.517, is 
        amended by adding a subdivision to read: 
           Subd. 4.  [TEMPORARY REGISTRATION.] (a) The commissioner 
        shall issue temporary registration as a speech-language 
        pathologist, an audiologist, or both, to an applicant who has 
        applied for registration under this section and who: 
           (1) submits a signed and dated affidavit stating that the 
        applicant is not the subject of a disciplinary action or past 
        disciplinary action in this or another jurisdiction and is not 
        disqualified on the basis of section 148.5195, subdivision 3; 
        and 
           (2) either: 
           (i) provides a copy of a current credential as a 
        speech-language pathologist, an audiologist, or both, held in 
        the District of Columbia or a state or territory of the United 
        States; or 
           (ii) provides a copy of a current certificate of clinical 
        competence issued by the American Speech-Language-Hearing 
        Association or its equivalent. 
           (b) A temporary registration issued to a person under this 
        subdivision expires 90 days after it is issued or on the date 
        the commissioner grants or denies registration, whichever occurs 
        first.  
           (c) Upon application, a temporary registration shall be 
        renewed once to a person who is able to demonstrate good cause 
        for failure to meet the requirements for registration within the 
        initial temporary registration period and who is not the subject 
        of a disciplinary action or disqualified on the basis of section 
        148.5195, subdivision 3. 
           Sec. 25.  Minnesota Statutes 1998, section 148.518, 
        subdivision 2, is amended to read: 
           Subd. 2.  [LAPSE OF MORE THAN THREE YEARS.] For an 
        applicant whose registered status has lapsed for more than three 
        years, the applicant must:  
           (1) apply for registration renewal according to section 
        148.5191 and obtain a qualifying score on the examination 
        described in section 148.515, subdivision 5, within one year of 
        the application date for registration renewal; or 
           (2) apply for renewal according to section 148.5191, 
        provide evidence to the commissioner that the applicant holds a 
        current and unrestricted credential for the practice of 
        speech-language pathology from the Minnesota board of teaching 
        or for the practice of speech-language pathology or audiology in 
        another jurisdiction that has requirements equivalent to or 
        higher than those in effect for Minnesota and provide evidence 
        of compliance with Minnesota board of teaching or that 
        jurisdiction's continuing education requirements.; 
           (3) apply for renewal according to section 148.5191 and 
        submit documentation of having completed a combination of 
        speech-language pathology or audiology courses or a 
        speech-language pathology or audiology refresher program that 
        contains both a theoretical and clinical component preapproved 
        or approved by the commissioner.  Only courses completed within 
        one year preceding the date of the application or one year after 
        the date of the application will qualify for approval; or 
           (4) apply for renewal according to section 148.5191 and 
        submit proof of successful completion and verified documentation 
        of 160 hours of supervised practice approved by the 
        commissioner.  To participate in a supervised practice, the 
        applicant shall first apply and obtain temporary registration 
        according to section 148.5161. 
           Sec. 26.  Minnesota Statutes 1998, section 148.5193, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [NUMBER OF CONTACT HOURS REQUIRED.] (a) An 
        applicant for registration renewal must meet the requirements 
        for continuing education according to paragraphs (b) to (e).  
           (b) An applicant for registration renewal as either a 
        speech-language pathologist or an audiologist must provide 
        evidence to the commissioner of a minimum of 30 contact hours of 
        continuing education offered by an approved a continuing 
        education sponsor within the two years immediately preceding 
        registration renewal.  A minimum of 20 contact hours of 
        continuing education must be directly related to the 
        registrant's area of registration.  Ten contact hours of 
        continuing education may be in areas generally related to the 
        registrant's area of registration.  
           (c) An applicant for registration renewal as both a 
        speech-language pathologist and an audiologist must attest to 
        and document completion of a minimum of 36 contact hours of 
        continuing education offered by an approved a continuing 
        education sponsor within the two years immediately preceding 
        registration renewal.  A minimum of 15 contact hours must be 
        received in the area of speech-language pathology and a minimum 
        of 15 contact hours must be received in the area of audiology.  
        Six contact hours of continuing education may be in areas 
        generally related to the registrant's areas of registration.  
           (d) If the registrant is licensed by the board of teaching: 
           (1) activities that are approved in the categories of 
        Minnesota Rules, part 8700.1000, subpart 3, items A and B, and 
        that relate to speech-language pathology, shall be considered: 
           (i) offered by an approved a sponsor of continuing 
        education; and 
           (ii) directly related to speech-language pathology; 
           (2) activities that are approved in the categories of 
        Minnesota Rules, part 8700.1000, subpart 3, shall be considered: 
           (i) offered by an approved a sponsor of continuing 
        education; and 
           (ii) generally related to speech-language pathology; and 
           (3) one clock hour as defined in Minnesota Rules, part 
        8700.1000, subpart 1, is equivalent to 1.2 contact hours of 
        continuing education.  
           (e) Contact hours cannot be accumulated in advance and 
        transferred to a future continuing education period.  
           Sec. 27.  Minnesota Statutes 1998, section 148.5193, 
        subdivision 2, is amended to read: 
           Subd. 2.  [PREAPPROVED CONTINUING EDUCATION PROVIDED BY 
        SPONSORS.] The commissioner will accept continuing 
        education approved or sponsored by the Minnesota department of 
        health, the Minnesota Speech-Language-Hearing Association, the 
        American Speech-Language-Hearing Association, the American 
        Academy of Audiology, the Minnesota Academy of Audiology, the 
        Academy of Rehabilitative Audiologists, the Acoustical Society 
        of America, Twin Cities Clinical Speech-Language Pathologists, 
        Minnesota Foundation for Acoustical Education and Research, or 
        universities accredited by the American Speech-Language-Hearing 
        Association.  provided by sponsors if the continuing education 
        activity meets the following standards:  
           (1) constitutes an organized program of learning; 
           (2) reasonably expects to advance the knowledge and skills 
        of the speech-language pathologist or audiologist; 
           (3) pertains to subjects that relate to the practice of 
        speech-language pathology or audiology; 
           (4) is conducted by individuals who have education, 
        training, and experience by reason of which said individuals 
        should be considered experts concerning the subject matter of 
        the activity; and 
           (5) is presented by a sponsor who has a mechanism to verify 
        participation and maintains attendance records for four years. 
           Sec. 28.  Minnesota Statutes 1998, section 148.5193, 
        subdivision 4, is amended to read: 
           Subd. 4.  [EARNING CONTINUING EDUCATION CONTACT HOURS 
        THROUGH CONTACT HOUR EQUIVALENTS.] (a) A registrant who teaches 
        continuing education courses may obtain contact hour equivalents 
        according to paragraphs (b) to (d). 
           (b) The sponsor of the course must be approved by the 
        commissioner meet the requirements of subdivision 2.  
           (c) A registrant may not obtain more than six contact hours 
        in any two-year continuing education period by teaching 
        continuing education courses.  
           (d) A registrant may obtain two contact hours for each hour 
        spent teaching a course if the course is sponsored by an 
        approved continuing education sponsor.  Contact hours may be 
        claimed only once for teaching the same course in any two-year 
        continuing education period.  
           Sec. 29.  Minnesota Statutes 1998, section 148.5193, 
        subdivision 6, is amended to read: 
           Subd. 6.  [EVIDENCE RECORDS OF ATTENDANCE.] (a) A 
        registrant must maintain for four years records of attending the 
        continuing education contact hours required for registration 
        renewal.  
           (b) An applicant for registration renewal must submit the 
        following information on a form provided by the commissioner:  
        the sponsoring organization, the dates of the course, the course 
        name, the number of contact hours completed, and the name and 
        signature of the registrant.  The form must be submitted with 
        the renewal application under section 148.5191, subdivision 1.  
           Sec. 30.  Minnesota Statutes 1998, section 148.5193, is 
        amended by adding a subdivision to read: 
           Subd. 6a.  [VERIFICATION OF ATTENDANCE.] An applicant for 
        registration renewal must submit verification of attendance as 
        follows: 
           (1) a certificate of attendance from the sponsor with the 
        continuing education course name, course date, and registrant's 
        name; 
           (2) a copy of a record of attendance from the sponsor of 
        the continuing education course; 
           (3) a signature of the presenter or a designee at the 
        continuing education activity on the continuing education report 
        form; 
           (4) a summary or outline of the educational content of an 
        audio or video educational activity if a designee is not 
        available to sign the continuing education report form; 
           (5) for self-study programs, a certificate of completion or 
        other documentation indicating that the individual has 
        demonstrated knowledge and has successfully completed the 
        program; and 
           (6) for attendance at a university, college, or vocational 
        course, an official transcript. 
           Sec. 31.  Minnesota Statutes 1998, section 148.5196, 
        subdivision 3, is amended to read: 
           Subd. 3.  [DUTIES.] The advisory council shall:  
           (1) advise the commissioner regarding speech-language 
        pathologist and audiologist registration standards; 
           (2) advise the commissioner on enforcement of sections 
        148.511 to 148.5196; 
           (3) provide for distribution of information regarding 
        speech-language pathologist and audiologist registration 
        standards; 
           (4) review applications and make recommendations to the 
        commissioner on granting or denying registration or registration 
        renewal; 
           (5) review reports of investigations relating to 
        individuals and make recommendations to the commissioner as to 
        whether registration should be denied or disciplinary action 
        taken against the individual; 
           (6) advise the commissioner regarding approval of 
        continuing education activities provided by sponsors using the 
        criteria in section 148.5193, subdivision 3 2; and 
           (7) perform other duties authorized for advisory councils 
        under chapter 214, or as directed by the commissioner. 
           Sec. 32.  Minnesota Statutes 1998, section 148B.60, 
        subdivision 3, is amended to read: 
           Subd. 3.  [UNLICENSED MENTAL HEALTH PRACTITIONER OR 
        PRACTITIONER.] "Unlicensed mental health practitioner" or 
        "practitioner" means a person who provides or purports to 
        provide, for remuneration, mental health services as defined in 
        subdivision 4.  It does not include persons licensed by the 
        board of medical practice under chapter 147 or registered by the 
        board of medical practice under chapter 147A; the board of 
        nursing under sections 148.171 to 148.285; the board of 
        psychology under sections 148.88 to 148.98; the board of social 
        work under sections 148B.18 to 148B.289; the board of marriage 
        and family therapy under sections 148B.29 to 148B.39; or another 
        licensing board if the person is practicing within the scope of 
        the license; or members of the clergy who are providing pastoral 
        services in the context of performing and fulfilling the 
        salaried duties and obligations required of a member of the 
        clergy by a religious congregation; American Indian medicine men 
        and women; licensed attorneys; probation officers; school 
        counselors employed by a school district while acting within the 
        scope of employment as school counselors; registered 
        occupational therapists; or occupational therapy assistants.  
        For the purposes of complaint investigation or disciplinary 
        action relating to an individual practitioner, the term includes:
           (1) persons employed by a program licensed by the 
        commissioner of human services who are acting as mental health 
        practitioners within the scope of their employment; 
           (2) persons employed by a program licensed by the 
        commissioner of human services who are providing chemical 
        dependency counseling services; persons who are providing 
        chemical dependency counseling services in private practice; and 
           (3) clergy who are providing mental health services that 
        are equivalent to those defined in subdivision 4. 
           Sec. 33.  Minnesota Statutes 1998, 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; 609.2242; 
        609.23; 609.231; 609.2325; 609.233; 609.2335; 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; 
        609.595; and 609.72, subdivision 3. 
           (c) Failure to comply with the self-reporting requirements 
        of section 148B.63, subdivision 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. 
           (w) Bartering for services with a client. 
           Sec. 34.  Minnesota Statutes 1998, section 148B.69, is 
        amended by adding a subdivision to read: 
           Subd. 7.  [RELEASE TO OBTAIN NONPUBLIC DATA.] An unlicensed 
        mental health practitioner who is the subject of an 
        investigation must sign a release authorizing the commissioner 
        to obtain criminal conviction data, reports about abuse or 
        neglect of clients, and other information pertaining to 
        investigations of violations of statutes or rules from the 
        bureau of criminal apprehension, the Federal Bureau of 
        Investigation, the department of human services, the office of 
        health facilities complaints, private certification 
        organizations, county social service agencies, the division of 
        driver and vehicle services in the department of public safety, 
        adult protection services, child protection services, and other 
        agencies that regulate provision of health care services.  After 
        the commissioner gives written notice to an individual who is 
        the subject of an investigation, the agencies shall assist the 
        commissioner with the investigation by giving the commissioner 
        the requested data. 
           Sec. 35.  Minnesota Statutes 1998, section 148B.71, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [SCOPE.] All unlicensed mental health 
        practitioners, other than those providing services in a facility 
        regulated under section 144.651 or a government agency or 
        program licensed by the commissioner of health or the 
        commissioner of human services, shall provide to each client 
        prior to providing treatment a written copy of the mental health 
        client bill of rights.  A copy must also be posted in a 
        prominent location in the office of the mental health 
        practitioner.  Reasonable accommodations shall be made for those 
        clients who cannot read or who have communication impairments 
        and those who do not read or speak English.  The mental health 
        client bill of rights shall include the following: 
           (a) the name, title, business address, and telephone number 
        of the practitioner; 
           (b) the degrees, training, experience, or other 
        qualifications of the practitioner, followed by the following 
        statement in bold print: 
           "THE STATE OF MINNESOTA HAS NOT ADOPTED UNIFORM EDUCATIONAL 
        AND TRAINING STANDARDS FOR ALL MENTAL HEALTH PRACTITIONERS.  
        THIS STATEMENT OF CREDENTIALS IS FOR INFORMATION PURPOSES ONLY." 
           (c) the name, business address, and telephone number of the 
        practitioner's supervisor, if any; 
           (d) notice that a client has the right to file a complaint 
        with the practitioner's supervisor, if any, and the procedure 
        for filing complaints; 
           (e) the name, address, and telephone number of the office 
        of mental health practice and notice that a client may file 
        complaints with the office; 
           (f) the practitioner's fees per unit of service, the 
        practitioner's method of billing for such fees, the names of any 
        insurance companies that have agreed to reimburse the 
        practitioner, or health maintenance organizations with whom the 
        practitioner contracts to provide service, whether the 
        practitioner accepts Medicare, medical assistance, or general 
        assistance medical care, and whether the practitioner is willing 
        to accept partial payment, or to waive payment, and in what 
        circumstances; 
           (g) a statement that the client has a right to reasonable 
        notice of changes in services or charges; 
           (h) a brief summary, in plain language, of the theoretical 
        approach used by the practitioner in treating patients; 
           (i) notice that the client has a right to complete and 
        current information concerning the practitioner's assessment and 
        recommended course of treatment, including the expected duration 
        of treatment; 
           (j) a statement that clients may expect courteous treatment 
        and to be free from verbal, physical, or sexual abuse by the 
        practitioner; 
           (k) a statement that client records and transactions with 
        the practitioner are confidential, unless release of these 
        records is authorized in writing by the client, or otherwise 
        provided by law; 
           (l) a statement of the client's right to be allowed access 
        to records and written information from records in accordance 
        with section 144.335; 
           (m) a statement that other services may be available in the 
        community, including where information concerning services is 
        available; 
           (n) a statement that the client has the right to choose 
        freely among available practitioners, and to change 
        practitioners after services have begun, within the limits of 
        health insurance, medical assistance, or other health programs; 
           (o) a statement that the client has a right to coordinated 
        transfer when there will be a change in the provider of 
        services; 
           (p) a statement that the client may refuse services or 
        treatment, unless otherwise provided by law; and 
           (q) a statement that the client may assert the client's 
        rights without retaliation. 
           Sec. 36.  Minnesota Statutes 1998, section 148C.01, 
        subdivision 2, is amended to read: 
           Subd. 2.  [ALCOHOL AND DRUG COUNSELOR.] "Alcohol and drug 
        counselor" or "counselor" means a person who: 
           (1) uses, as a representation to the public, any title, 
        initials, or description of services incorporating the words 
        "alcohol and drug counselor"; 
           (2) offers to render professional 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 alcohol and drug 
        counseling; 
           (3) holds a valid license issued under sections 148C.01 to 
        148C.11 to engage in the practice of alcohol and drug 
        counseling; or 
           (4) is an applicant for an alcohol and drug counseling 
        license.  
           Sec. 37.  Minnesota Statutes 1998, section 148C.01, 
        subdivision 7, is amended to read: 
           Subd. 7.  [ACCREDITED SCHOOL OR EDUCATIONAL PROGRAM.] 
        "Accredited school or educational program" means a school of 
        alcohol and drug counseling, 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.  
           Sec. 38.  Minnesota Statutes 1998, section 148C.01, 
        subdivision 9, is amended to read: 
           Subd. 9.  [CORE FUNCTIONS.] "Core functions" means the 
        following services provided in 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 to 
        develop a treatment plan or make recommendations for level of 
        care placement. 
           (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 recordkeeping" means charting the results 
        of the assessment and treatment plan, writing reports, progress 
        notes, discharge summaries, and other client-related data. 
           (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. 
           Sec. 39.  Minnesota Statutes 1998, section 148C.01, 
        subdivision 10, is amended to read: 
           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) gaining cultural competence through ongoing training 
        and education according to standards established by rule; and 
           (10) providing the above services, as needed, to family 
        members or others who are directly affected by someone using 
        alcohol or other drugs. 
           Sec. 40.  Minnesota Statutes 1998, section 148C.01, is 
        amended by adding a subdivision to read: 
           Subd. 18.  [PSYCHOMETRICALLY VALID AND 
        RELIABLE.] "Psychometrically valid and reliable" means developed 
        on the basis of role delineation, validation, reliability, 
        passing point, and sensitivity review factors, according to 
        generally accepted standards. 
           Sec. 41.  Minnesota Statutes 1998, section 148C.03, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [GENERAL.] The commissioner shall, after 
        consultation with the advisory council or a committee 
        established by rule: 
           (a) adopt and enforce rules for licensure of alcohol and 
        drug counselors, 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) develop and, at least twice a year, administer an 
        examination to assess applicants' knowledge and skills.  The 
        commissioner may contract for the administration of an 
        examination approved by the International Certification 
        Reciprocity Consortium/Alcohol and Other Drug Abuse 
        (ICRC/AODA) with an entity designated by the commissioner.  The 
        examinations must be psychometrically valid and reliable; must 
        be written and oral, with the oral examination based on a 
        written case presentation; must minimize cultural bias,; and 
        must be balanced in various theories relative to the practice of 
        alcohol and drug counseling; 
           (c) issue licenses to individuals qualified under sections 
        148C.01 to 148C.11; 
           (d) issue copies of the rules for licensure to all 
        applicants; 
           (e) adopt rules to establish and implement procedures, 
        including a standard disciplinary process and rules of 
        professional conduct; 
           (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; 
           (h) educate the public about the existence and content of 
        the rules for alcohol and drug counselor licensing to enable 
        consumers to file complaints against licensees who may have 
        violated the rules; 
           (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 alcohol and drug 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. 42.  Minnesota Statutes 1998, section 148C.04, 
        subdivision 3, is amended to read: 
           Subd. 3.  [LICENSING REQUIREMENTS FOR THE FIRST FIVE 
        YEARS.] For five years after the effective date of the rules 
        authorized in section 148C.03, the applicant, unless qualified 
        under section 148C.06 during the two-year 25-month period 
        authorized therein, under section 148C.07, or under subdivision 
        4, must furnish evidence satisfactory to the commissioner that 
        the applicant has met all the requirements in clauses (1) to (3).
        The applicant must have: 
           (1) received an associate degree, or an equivalent number 
        of credit hours, and a certificate in alcohol and drug 
        counseling including 270 clock hours of alcohol and drug 
        counseling classroom education from an accredited school or 
        educational program and 880 clock hours of alcohol and drug 
        counseling practicum; 
           (2) completed a written case presentation and 
        satisfactorily passed an oral examination that demonstrates 
        competence in the core functions; and 
           (3) satisfactorily passed a written examination as 
        established by the commissioner. 
           Sec. 43.  Minnesota Statutes 1998, section 148C.04, is 
        amended by adding a subdivision to read: 
           Subd. 6.  [TEMPORARY PRACTICE REQUIREMENTS.] (a) A person 
        may temporarily practice alcohol and drug counseling prior to 
        being licensed under this chapter if the person: 
           (1) either: 
           (i) meets the associate degree education and practicum 
        requirements of subdivision 3, clause (1); or 
           (ii) meets the bachelor's degree education and practicum 
        requirements of subdivision 4, clause (1), item (i); 
           (2) within 60 days of meeting the requirements of 
        subdivision 3, clause (1), or subdivision 4, clause (1), item 
        (i), requests, in writing, temporary practice status with the 
        commissioner on an application form according to section 
        148C.0351, which includes the nonrefundable license fee and an 
        affirmation by the person's supervisor, as defined in paragraph 
        (b), clause (1), and which is signed and dated by the person and 
        the person's supervisor; 
           (3) has not been disqualified to practice temporarily on 
        the basis of a background investigation under section 148C.09, 
        subdivision 1a; and 
           (4) has been notified in writing by the commissioner that 
        the person is qualified to practice under this subdivision. 
           (b) A person practicing under this subdivision: 
           (1) may practice only in a program licensed by the 
        department of human services and under the direct, on-site 
        supervision of a person who is licensed under this chapter and 
        employed in that licensed program; 
           (2) is subject to the rules of professional conduct set by 
        rule; 
           (3) is not subject to the continuing education requirements 
        of section 148C.05; and 
           (4) must be licensed according to this chapter within 12 
        months of meeting the requirements of subdivision 3, clause (1), 
        or subdivision 4, clause (1), item (i). 
           (c) Upon written request, the commissioner may extend a 
        person's temporary status if the person practices in a program 
        described in section 148C.11, subdivision 3, paragraph (b), 
        clause (2). 
           (d) A person practicing under this subdivision may not hold 
        himself or herself out to the public by any title or description 
        stating or implying that the person is licensed to engage in the 
        practice of alcohol and drug counseling. 
           Sec. 44.  Minnesota Statutes 1998, section 148C.04, is 
        amended by adding a subdivision to read: 
           Subd. 7.  [EFFECT AND SUSPENSION OF TEMPORARY 
        PRACTICE.] Approval of a person's application for temporary 
        practice creates no rights to or expectation of approval from 
        the commissioner for licensure as an alcohol and drug 
        counselor.  The commissioner may suspend or restrict a person's 
        temporary practice status according to section 148C.09. 
           Sec. 45.  Minnesota Statutes 1998, section 148C.06, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [QUALIFICATIONS.] For two years 25 months 
        from the effective date of the rules authorized in section 
        148C.03, subdivision 1, the commissioner shall issue a license 
        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.; graduates from an accredited 
        school or education program with a certificate of completion in 
        alcohol and drug counselor studies that includes a minimum of 
        270 clock hours of formal classroom education and 880 clock 
        hours of alcohol and drug counselor internship and passes both 
        the written and oral examinations according to this chapter; or 
        has 2,080 hours of supervised alcohol and drug counselor 
        experience, 270 clock hours of alcohol and drug counselor 
        training with a minimum of 60 hours of the training occurring 
        within the past five years, and 300 hours of alcohol and drug 
        counselor internship and successfully completes the examination 
        requirements in section 148C.04, subdivision 3, clauses (2) and 
        (3); 
           (b) has 6,000 hours of supervised alcohol and drug 
        counselor experience as defined by the core functions, 270 clock 
        hours of alcohol and drug counselor training with a minimum of 
        60 hours of this training occurring within the past five years, 
        300 hours of alcohol and drug counselor internship, and has 
        successfully completed the examination requirements in section 
        148C.04, subdivision 3, clauses (2) and (3); 
           (c) has 10,000 hours of supervised alcohol and drug 
        counselor experience as defined by the core functions, 270 clock 
        hours of alcohol and drug training with a minimum of 60 hours of 
        this training occurring within the past five years, and has 
        successfully completed the requirements in section 148C.04, 
        subdivision 3, 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 14,000 hours of supervised alcohol and drug 
        counselor experience as defined by the core functions and 270 
        clock hours of 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.  
           Sec. 46.  Minnesota Statutes 1998, section 148C.06, 
        subdivision 2, is amended to read: 
           Subd. 2.  [DOCUMENTATION OF STATUS; CERTAIN APPLICANTS.] 
        (a) A licensure applications applicant under subdivision 1, 
        paragraphs (a) and (c), may document certified status by 
        submitting to the commissioner an original and current 
        certificate issued by an international certification and 
        reciprocity consortium board in this or another jurisdiction. 
           (b) A licensure applicant under subdivision 1, paragraphs 
        (b) and (c), must be deemed eligible for licensure within the 
        transition period, provided the applicant: 
           (1) made the application to the administrator of the exam 
        or exams required by the commissioner before January 28, 2000; 
           (2) passed the required examinations before January 28, 
        2001; and 
           (3) meets all other requirements for licensure under this 
        section. 
           Sec. 47.  Minnesota Statutes 1998, section 148C.09, 
        subdivision 1, is amended to read: 
           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 determines that a 
        licensee or applicant:  
           (1) is incompetent to engage in alcohol and drug counseling 
        practice or is found to be engaged in 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 to be submitted to the commissioner for licensing or 
        license renewal; 
           (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 has habitually overindulgent overindulged in the 
        use of or the dependence on alcohol within the past two years; 
           (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 within the past two 
        years; 
           (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. 
           Sec. 48.  Minnesota Statutes 1998, section 148C.09, 
        subdivision 1a, is amended to read: 
           Subd. 1a.  [BACKGROUND INVESTIGATION.] The applicant must 
        sign a release authorizing the commissioner to obtain 
        information from the bureau of criminal apprehension, the 
        Federal Bureau of Investigation, the office of mental health 
        practice, the department of human services, the office of health 
        facilities complaints, and other agencies specified in the 
        rules.  After the commissioner has given written notice to an 
        individual who is the subject of a background investigation, the 
        agencies shall assist the commissioner with the investigation by 
        giving the commissioner criminal conviction data, reports about 
        abuse or neglect of clients substantiated maltreatment of minors 
        and vulnerable adults, and other information specified in the 
        rules.  The commissioner may contract with the commissioner of 
        human services to obtain criminal history data from the bureau 
        of criminal apprehension. 
           Sec. 49.  Minnesota Statutes 1998, section 148C.10, is 
        amended by adding a subdivision to read: 
           Subd. 1a.  [PRACTICE ALLOWED; CERTAIN INDIVIDUALS.] (a) 
        Notwithstanding subdivision 1, individuals may engage in alcohol 
        and drug counseling practice only until the commissioner issues 
        a license or denies the license application, whichever occurs 
        sooner, provided the individual:  
           (1) was employed as an alcohol and drug counselor before 
        January 28, 2000; 
           (2) is under the supervision of an alcohol and drug 
        counselor who is licensed under this chapter or employed in a 
        program licensed by the department of human services; 
           (3) has not applied and been rejected or denied a license 
        by the commissioner on any grounds under this chapter, other 
        than failure to satisfy examination requirements, or on the 
        basis of an investigation under chapter 148B; and 
           (4) either:  
           (i) made application to the commissioner for a license as 
        an alcohol and drug counselor before January 28, 2000; or 
           (ii) made application to the administrator of the exam or 
        exams required by the commissioner before January 28, 2000, 
        passes the examinations before January 28, 2001, and within 60 
        calendar days of passing the examinations makes application to 
        the commissioner for a license under this chapter.  
           (b) As used in this subdivision, supervision means 
        monitoring activities of and accepting legal liability for the 
        individual practicing without a license. 
           (c) Practice allowed under this subdivision creates no 
        rights or expectations of approval from the commissioner for 
        licensing as an alcohol and drug counselor.  The commissioner 
        may suspend or restrict practice under this subdivision as 
        authorized under section 148C.09. 
           Sec. 50.  Minnesota Statutes 1998, section 148C.11, 
        subdivision 1, is amended to read: 
           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, licensed psychological practitioners, members 
        of the clergy, American Indian medicine men and women, licensed 
        attorneys, probation officers, licensed marriage and family 
        therapists, licensed social workers, licensed professional 
        counselors, school counselors employed by a school district 
        while acting within the scope of employment as school 
        counselors, and registered occupational therapists or 
        occupational therapy assistants.  These persons must not, 
        however, use a title incorporating the words "alcohol and drug 
        counselor" or "licensed alcohol and drug counselor" or otherwise 
        hold themselves out to the public by any title or description 
        stating or implying that they are engaged in the practice of 
        alcohol and drug counseling, or that they are licensed to engage 
        in the practice of alcohol and drug counseling.  Persons engaged 
        in the practice of alcohol and drug counseling are not exempt 
        from the commissioner's jurisdiction solely by the use of one of 
        the above titles. 
           Sec. 51.  Minnesota Statutes 1998, section 153A.13, 
        subdivision 9, is amended to read: 
           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. 52.  Minnesota Statutes 1998, section 153A.13, is 
        amended by adding a subdivision to read: 
           Subd. 10.  [DIRECT SUPERVISION OR DIRECTLY 
        SUPERVISED.] "Direct supervision" or "directly supervised" means 
        the on-site and contemporaneous location of a supervisor and 
        trainee, when the supervisor observes the trainee engaging in 
        hearing instrument dispensing with a consumer. 
           Sec. 53.  Minnesota Statutes 1998, section 153A.13, is 
        amended by adding a subdivision to read: 
           Subd. 11.  [INDIRECT SUPERVISION OR INDIRECTLY 
        SUPERVISED.] "Indirect supervision" or "indirectly supervised" 
        means the remote and independent performance of hearing 
        instrument dispensing by a trainee when authorized under section 
        153A.14, subdivision 4a, paragraph (b). 
           Sec. 54.  Minnesota Statutes 1998, section 153A.14, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [APPLICATION FOR CERTIFICATE.] An applicant 
        must: 
           (1) be 18 21 years of age or older; 
           (2) apply to the commissioner for a certificate to dispense 
        hearing instruments on application forms provided by the 
        commissioner; 
           (3) at a minimum, provide the applicant's name, social 
        security number, business address and phone number, employer, 
        and information about the applicant's education, training, and 
        experience in testing human hearing and fitting hearing 
        instruments; 
           (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. 
           Sec. 55.  Minnesota Statutes 1998, section 153A.14, 
        subdivision 2a, is amended to read: 
           Subd. 2a.  [EXEMPTION FROM WRITTEN EXAMINATION 
        REQUIREMENT.] Persons completing the audiology registration 
        requirements of section 148.515 after January 1, 1996, are 
        exempt from the written examination requirements of subdivision 
        2h, paragraph (a), clause (1).  Minnesota registration or 
        American Speech-Language-Hearing Association certification as an 
        audiologist is not required but may be submitted as evidence 
        qualifying for exemption from the written examination if the 
        requirements are completed after January 1, 1996.  Persons 
        qualifying for written examination exemption must fulfill the 
        other credentialing requirements under subdivisions 1 and 2 
        before a certificate may be issued by the commissioner. 
           Sec. 56.  Minnesota Statutes 1998, section 153A.14, 
        subdivision 2h, is amended to read: 
           Subd. 2h.  [CERTIFICATION BY EXAMINATION.] An applicant 
        must achieve a passing score, as determined by the commissioner, 
        on an examination according to paragraphs (a) to (c). 
           (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. 
           (c) An applicant must achieve a passing score on all 
        portions of the examination within a two-year period.  An 
        applicant who does not achieve a passing score on all portions 
        of the examination within a two-year period must retake the 
        entire examination and achieve a passing score on each portion 
        of the examination.  An applicant who does not apply for 
        certification within one year of successful completion of the 
        examination must retake the examination and achieve a passing 
        score on each portion of the examination.  An applicant may not 
        take any part of the examination more than three times in a 
        two-year period. 
           Sec. 57.  Minnesota Statutes 1998, section 153A.14, 
        subdivision 4, is amended to read: 
           Subd. 4.  [DISPENSING OF HEARING INSTRUMENTS WITHOUT 
        CERTIFICATE.] Except as provided in subdivision subdivisions 4a 
        and 4c, 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.  
           Sec. 58.  Minnesota Statutes 1998, section 153A.14, 
        subdivision 4a, is amended to read: 
           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 12 months if the person: 
           (1) submits an application on forms provided by the 
        commissioner; 
           (2) is under the supervision of a certified dispenser 
        meeting the requirements of this subdivision; and 
           (3) meets all requirements for certification except passage 
        of the examination required by this section. 
           (b) A certified hearing instrument dispenser may not 
        supervise more than two trainees at the same time and may not 
        directly supervise more than one trainee at a 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 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 Until taking and passing the practical examination 
        testing the techniques described in subdivision 2h, paragraph 
        (a), clause (2), trainees must be directly supervised in all 
        areas described in subdivision 4b, and the activities tested by 
        the practical 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 Thereafter, trainees may dispense hearing 
        instruments under indirect supervision until expiration of the 
        trainee period.  Under indirect supervision, 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. 
           Sec. 59.  Minnesota Statutes 1998, section 153A.14, is 
        amended by adding a subdivision to read: 
           Subd. 4c.  [RECIPROCITY.] (a) A person applying for 
        certification as a hearing instrument dispenser under 
        subdivision 1 who has dispensed hearing instruments in another 
        jurisdiction may dispense hearing instruments as a trainee under 
        indirect supervision if the person: 
           (1) satisfies the provisions of subdivision 4a, paragraph 
        (a); 
           (2) submits a signed and dated affidavit stating that the 
        applicant is not the subject of a disciplinary action or past 
        disciplinary action in this or another jurisdiction and is not 
        disqualified on the basis of section 153A.15, subdivision 1; and 
           (3) provides a copy of a current credential as a hearing 
        instrument dispenser, an audiologist, or both, held in the 
        District of Columbia or a state or territory of the United 
        States. 
           (b) A person becoming a trainee under this subdivision who 
        fails to take and pass the practical examination described in 
        subdivision 2h, paragraph (a), clause (2), when next offered 
        must cease dispensing hearing instruments unless under direct 
        supervision. 
           Sec. 60.  Minnesota Statutes 1998, section 153A.14, is 
        amended by adding a subdivision to read: 
           Subd. 4d.  [EXPIRATION OF TRAINEE PERIOD.] The trainee 
        period automatically expires two months following notice of 
        passing all examination requirements of subdivision 2h. 
           Sec. 61.  Minnesota Statutes 1998, section 153A.15, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [PROHIBITED ACTS.] The commissioner may 
        take enforcement action as provided under subdivision 2 against 
        a dispenser of hearing instruments for the following acts and 
        conduct: 
           (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 boldface type:  "THIS PRESCRIPTION OR 
        RECOMMENDATION MAY BE FILLED BY, AND HEARING INSTRUMENTS MAY BE 
        PURCHASED FROM, THE CERTIFIED DISPENSER OF YOUR CHOICE"; 
           (2) 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) dispensing a hearing instrument to a minor person 18 
        years or younger unless evaluated by an audiologist for hearing 
        evaluation and hearing aid evaluation; 
           (4) failing to provide the consumer rights brochure 
        required by section 153A.14, subdivision 9; 
           (4) (5) being disciplined through a revocation, suspension, 
        restriction, or limitation by another state for conduct subject 
        to action under this chapter; 
           (5) (6) presenting advertising that is false or misleading; 
           (6) (7) providing the commissioner with false or misleading 
        statements of credentials, training, or experience; 
           (7) (8) 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; 
           (8) (9) 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; 
           (9) (10) 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; 
           (10) (11) obtaining money, property, or services from a 
        consumer through the use of undue influence, high pressure sales 
        tactics, harassment, duress, deception, or fraud; 
           (11) (12) failing to comply with restrictions on sales of 
        hearing aids in sections 153A.14, subdivision 9, and 153A.19; 
           (12) (13) performing the services of a certified hearing 
        instrument dispenser in an incompetent or negligent manner; 
           (13) (14) failing to comply with the requirements of this 
        chapter as an employer, supervisor, or trainee; 
           (14) (15) failing to provide information in a timely manner 
        in response to a request by the commissioner, commissioner's 
        designee, or the advisory council; 
           (15) (16) 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) (17) failing to cooperate with the commissioner, the 
        commissioner's designee, or the advisory council in any 
        investigation; 
           (17) (18) 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) (19) 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) (20) 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) (21) 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) (22) 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) (23) violating any of the provisions of sections 
        153A.13 to 153A.19; and 
           (23) (24) aiding or abetting another person in violating 
        any of the provisions of sections 153A.13 to 153A.19. 
           Sec. 62.  Minnesota Statutes 1999 Supplement, 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 
        office of unlicensed complementary and alternative health care 
        practice established pursuant to section 146A.02, 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 physical therapy established pursuant to section 
        148.67, the board of psychology established pursuant to section 
        148.90, the board of social work pursuant to section 148B.19, 
        the board of marriage and family therapy pursuant to section 
        148B.30, the office of mental health practice established 
        pursuant to section 148B.61, the alcohol and drug counselors 
        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. 63.  Laws 1999, chapter 223, article 2, section 81, as 
        amended by Laws 1999, chapter 249, section 12, is amended to 
        read: 
           Sec. 81.  [EFFECTIVE DATES.] 
           Section 48 is effective March 1, 2000. 
           Sections 59, 61, 62, 64, 65, and 79 are effective the day 
        following final enactment.  
           Section 67 is effective June 30, 1999. 
           Section 80, paragraph (a), is effective July 1, 1999. 
           Section 80, paragraphs paragraph (b) and (c), are is 
        effective July 1, 2000. 
           Section 80, paragraph (c), is effective July 1, 2001. 
           Sec. 64.  [EMPLOYEE HEALTH INSURANCE.] 
           The commissioner of health shall examine issues related to 
        rising health insurance costs and shall develop recommendations 
        for providing employer-subsidized affordable health insurance to 
        employees of programs and facilities that serve the elderly and 
        disabled.  In conducting this study, the commissioner may also 
        examine the affordability and availability of health insurance 
        coverage for lower-income Minnesotans generally.  In developing 
        these recommendations, the commissioner shall consult with 
        affected employers, consumers, and providers and may require 
        facilities to provide information on health insurance offered to 
        their employees, including information on eligibility, 
        enrollment, cost and level of benefits.  The commissioner shall 
        provide recommendations by January 15, 2002, to the chairs of 
        the house health and human services policy and finance 
        committees and the senate health and family security committee 
        and health and family security budget division. 
           Sec. 65.  [REPORT TO THE LEGISLATURE.] 
           The commissioner of health shall report to the legislature 
        by January 1, 2003, on the number and types of complaints 
        received against unlicensed complementary and alternative health 
        care practitioners pursuant to Minnesota Statutes, chapter 146A, 
        the types of practitioners against whom complaints were filed, 
        and the locations of the practitioners, the number of 
        investigations conducted, and the number and types of 
        enforcement actions completed.  The report must be filed in 
        accordance with Minnesota Statutes, sections 3.195 and 3.197. 
           Sec. 66.  [REPEALER.] 
           Minnesota Statutes 1998, sections 148.5193, subdivisions 3 
        and 5; and 148C.04, subdivision 5, are repealed. 
           Sec. 67.  [EFFECTIVE DATE.] 
           Sections 1, 9 to 21, 62, and 65 are effective July 1, 2001. 
        Sections 2 to 8, 22 to 61, 63, 64, and 66 are effective the day 
        following final enactment. 
           Presented to the governor May 9, 2000 
           Signed by the governor May 11, 2000, 5:39 p.m.