Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Session Laws - 2000, Regular Session
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.
Official Publication of the State of Minnesota
Revisor of Statutes