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

                            CHAPTER 317-S.F.No. 2447 
                  An act relating to health professions; modifying 
                  provisions relating to speech-language pathologists, 
                  unlicensed mental health practitioners, alcohol and 
                  drug counselors, physical therapists, and hearing 
                  instrument dispensers; authorizing exempt rulemaking; 
                  amending Minnesota Statutes 1996, sections 144.335, 
                  subdivision 1; 148.515, subdivision 3; 148.518, 
                  subdivision 2; 148.5191, subdivisions 1, 3, and 4; 
                  148.5194; 148.5195, subdivision 3; 148.76, subdivision 
                  2; 148B.69, by adding a subdivision; 148C.04, 
                  subdivision 3; 148C.05, subdivision 2; 148C.06; 
                  153A.13, subdivision 5; 153A.14, subdivisions 2a, 2b, 
                  2d, 2f, 2h, 9, and 10; 153A.15, subdivision 1, and by 
                  adding a subdivision; and 153A.20, subdivision 3; 
                  Minnesota Statutes 1997 Supplement, sections 148C.03, 
                  subdivision 1; and 148C.11, subdivision 3; proposing 
                  coding for new law in Minnesota Statutes, chapter 148; 
                  repealing Minnesota Statutes 1996, section 153A.14, 
                  subdivision 7. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1996, section 144.335, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [DEFINITIONS.] For the purposes of this 
        section, the following terms have the meanings given them: 
           (a) "Patient" means a natural person who has received 
        health care services from a provider for treatment or 
        examination of a medical, psychiatric, or mental condition, the 
        surviving spouse and parents of a deceased patient, or a person 
        the patient designates in writing as a representative.  Except 
        for minors who have received health care services pursuant to 
        sections 144.341 to 144.347, in the case of a minor, patient 
        includes a parent or guardian, or a person acting as a parent or 
        guardian in the absence of a parent or guardian. 
           (b) "Provider" means (1) any person who furnishes health 
        care services and is licensed regulated to furnish the services 
        pursuant to chapter 147, 147A, 147B, 147C, 148, 148B, 148C, 
        150A, 151, or 153, or 153A, or Minnesota Rules, chapter 4666; 
        (2) a home care provider licensed under section 144A.46; (3) a 
        health care facility licensed pursuant to this chapter or 
        chapter 144A; (4) a physician assistant registered under chapter 
        147A; and (5) an unlicensed mental health practitioner regulated 
        pursuant to sections 148B.60 to 148B.71. 
           (c) "Individually identifiable form" means a form in which 
        the patient is or can be identified as the subject of the health 
        records. 
           Sec. 2.  Minnesota Statutes 1996, 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; 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:  
           (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; 
           (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 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) obtain no more than 20 hours in the major professional 
        area that are in related disorders.  
           Sec. 3.  [148.5161] [TEMPORARY REGISTRATION.] 
           Subdivision 1.  [APPLICATION.] The commissioner shall issue 
        temporary registration as a speech-language pathologist or 
        audiologist to an applicant who has applied for registration 
        under section 148.515, who is not the subject of a disciplinary 
        action or past disciplinary action, and who has not violated a 
        provision of section 148.5195, subdivision 3.  
           Subd. 2.  [PROCEDURES.] To be eligible for temporary 
        registration, an applicant must submit an application form 
        provided by the commissioner, the fees required by section 
        148.5194, and evidence of successful completion of the 
        requirements in section 148.515, subdivisions 2 and 3.  
           Subd. 3.  [SUPERVISION REQUIRED.] (a) A temporary 
        registrant must practice under the supervision of an individual 
        who meets the requirements of section 148.512, subdivision 20.  
        Supervision must conform to the requirements in paragraphs (b) 
        to (g). 
           (b) Supervision must include both on-site observation and 
        other monitoring activities.  On-site observation must involve 
        the supervisor, the supervisee, and the client receiving 
        speech-language pathology or audiology services and must include 
        direct observation by the supervisor of treatment given by the 
        supervisee.  Other monitoring activities must involve direct or 
        indirect evaluative contact by the supervisor of the supervisee, 
        may be executed by correspondence, and may include, but are not 
        limited to, conferences with the supervisee, evaluation of 
        written reports, and evaluations by professional colleagues.  
        Other monitoring activities do not include the client receiving 
        speech-language pathology or audiology services. 
           (c) The temporary registrant must be supervised by an 
        individual who meets the definition of section 148.512, 
        subdivision 20, and:  
           (1) when the temporary registrant is a speech-language 
        pathologist, is a registered speech-language pathologist, or 
        holds a current certificate of clinical competence in 
        speech-language pathology from the American Speech-Language- 
        Hearing Association; and 
           (2) when the temporary registrant is an audiologist, is a 
        registered audiologist, or holds a current certificate of 
        clinical competence in audiology from the American Speech- 
        Language-Hearing Association.  
           (d) Temporary registration shall not be granted until the 
        applicant has completed the academic coursework and clinical 
        training in section 148.515, subdivisions 2 and 3.  
           (e) The temporary registrant must be supervised in no less 
        than 36 activities, including 18 one-hour on-site observations.  
        A maximum of six hours may be accrued in one day.  A minimum of 
        six one-hour on-site observations must be accrued during each 
        one-third of the experience.  
           (f) The temporary registrant must complete 18 other 
        monitored activities and complete at least one monitored 
        activity each month.  
           (g) The temporary registrant must provide verification of 
        supervision on the application form provided by the commissioner.
           Subd. 4.  [EXPIRATION OF TEMPORARY REGISTRATION.] A 
        temporary registration issued to a person pursuant to 
        subdivision 2 expires 18 months after issuance or on the date 
        the commissioner grants or denies registration, whichever occurs 
        first.  Upon application, a temporary registration shall be 
        renewed once to persons who have not met the supervised 
        postgraduate clinical experience requirement under section 
        148.515, subdivision 4, within the initial temporary 
        registration period and meet the requirements of subdivision 1. 
           Subd. 5.  [TITLE USED.] A temporary registrant shall be 
        identified by one of the protected titles and a designation 
        indicating clinical fellowship status. 
           Sec. 4.  Minnesota Statutes 1996, 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 fulfill the requirements for registration under 
        section 148.515, subdivisions 4 and 5. obtain a qualifying score 
        on the examination described in section 148.515, subdivision 5, 
        must be obtained within one year of the application date for 
        registration renewal; or 
           (2) fulfill the requirements of section 148.517. 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 or 
        audiology in another jurisdiction that has requirements 
        equivalent to or higher than those in effect for Minnesota and 
        provide evidence of compliance with that jurisdiction's 
        continuing education requirements.  
           Sec. 5.  Minnesota Statutes 1996, section 148.5191, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [RENEWAL REQUIREMENTS.] To renew 
        registration, an applicant must:  
           (1) annually biennially complete a renewal application on a 
        form provided by the commissioner and submit the annual biennial 
        renewal fee; 
           (2) meet the continuing education requirements of section 
        148.5193 and submit evidence of attending continuing education 
        courses, as required in section 148.5193, subdivision 6; and 
           (3) submit additional information if requested by the 
        commissioner to clarify information presented in the renewal 
        application.  The information must be submitted within 30 days 
        after the commissioner's request.  
           Sec. 6.  Minnesota Statutes 1996, section 148.5191, 
        subdivision 3, is amended to read: 
           Subd. 3.  [REGISTRATION RENEWAL NOTICE.] Registration 
        renewal is on an annual a biennial basis.  At least 30 60 days 
        before the registration renewal expiration date in subdivision 
        4, the commissioner shall send out a renewal notice to the 
        registrant's last known address.  The notice shall include a 
        renewal application and notice of fees required for renewal.  If 
        the registrant does not receive the renewal notice, the 
        registrant is still required to meet the deadline for renewal to 
        qualify for continuous registered status.  
           Sec. 7.  Minnesota Statutes 1996, section 148.5191, 
        subdivision 4, is amended to read: 
           Subd. 4.  [RENEWAL DEADLINE.] The renewal application and 
        fee must be postmarked on or before the date registration must 
        be renewed according to clauses (1) to (5).  Registration must 
        be renewed according to the following schedule:  
           (1) for registrants whose last name begins with the letters 
        A to E, February 1; 
           (2) for registrants whose last name begins with the letters 
        F to L, April 1; 
           (3) for registrants whose last name begins with the letters 
        M to P, June 1; 
           (4) for registrants whose last name begins with the letters 
        Q to U, August 1; and 
           (5) for registrants whose last name begins with the letters 
        V to Z, October 1.  Each registration certificate, including a 
        temporary registration certificate provided under section 
        148.5161, must state an expiration date.  An application for 
        registration renewal must be received by the department of 
        health or postmarked at least 30 days before the expiration 
        date.  If the postmark is illegible, the application shall be 
        considered timely if received at least 21 days before the 
        expiration date.  
           When the commissioner establishes the renewal schedule for 
        an applicant, registrant, or temporary registrant, if the period 
        before the expiration date is less than two years, the fee shall 
        be prorated. 
           Sec. 8.  Minnesota Statutes 1996, section 148.5194, is 
        amended to read: 
           148.5194 [FEES.] 
           Subdivision 1.  [FIRST TIME REGISTRANTS AND APPLICANTS FOR 
        REGISTRATION RENEWAL FEE PRORATION.] The commissioner shall 
        prorate the registration fee for first time registrants and 
        applicants for registration renewal according to the number of 
        months that have elapsed between the date registration is issued 
        and the date registration must be renewed under section 
        148.5191, subdivision 4.  
           Subd. 2.  [ANNUAL BIENNIAL REGISTRATION FEE.] The fee for 
        initial registration and annual biennial registration, temporary 
        registration, or renewal is $80 $160.  
           Subd. 3.  [ANNUAL BIENNIAL REGISTRATION FEE FOR DUAL 
        REGISTRATION AS A SPEECH-LANGUAGE PATHOLOGIST AND AUDIOLOGIST.] 
        The fee for initial registration and annual biennial 
        registration, temporary registration, or renewal is $80 $160.  
           Subd. 4.  [PENALTY FEE FOR LATE RENEWALS.] The penalty fee 
        for late submission of a renewal application is $15.  
           Subd. 5.  [NONREFUNDABLE FEES.] All fees are nonrefundable. 
           Sec. 9.  Minnesota Statutes 1996, section 148.5195, 
        subdivision 3, is amended to read: 
           Subd. 3.  [GROUNDS FOR DISCIPLINARY ACTION BY 
        COMMISSIONER.] The commissioner may take any of the disciplinary 
        actions listed in subdivision 4 on proof that the individual has:
           (1) intentionally submitted false or misleading information 
        to the commissioner or the advisory council; 
           (2) failed, within 30 days, to provide information in 
        response to a written request by the commissioner or advisory 
        council; 
           (3) performed services of a speech-language pathologist or 
        audiologist in an incompetent or negligent manner; 
           (4) violated sections 148.511 to 148.5196; 
           (5) failed to perform services with reasonable judgment, 
        skill, or safety due to the use of alcohol or drugs, or other 
        physical or mental impairment; 
           (6) violated any state or federal law, rule, or regulation, 
        and the violation is a felony or misdemeanor, an essential 
        element of which is dishonesty, or which relates directly or 
        indirectly to the practice of speech-language pathology or 
        audiology.  Conviction for violating any state or federal law 
        which relates to speech-language pathology or audiology is 
        necessarily considered to constitute a violation, except as 
        provided in chapter 364; 
           (7) aided or abetted another person in violating any 
        provision of sections 148.511 to 148.5196; 
           (8) been or is being disciplined by another jurisdiction, 
        if any of the grounds for the discipline is the same or 
        substantially equivalent to those under sections 148.511 to 
        148.5196; 
           (9) not cooperated with the commissioner or advisory 
        council in an investigation conducted according to subdivision 
        1; 
           (10) advertised in a manner that is false or misleading; 
           (11) engaged in conduct likely to deceive, defraud, or harm 
        the public; or demonstrated a willful or careless disregard for 
        the health, welfare, or safety of a client; 
           (12) failed to disclose to the consumer any fee splitting 
        or any promise 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; 
           (13) engaged in abusive or fraudulent billing practices, 
        including violations of federal Medicare and Medicaid laws, Food 
        and Drug Administration regulations, or state medical assistance 
        laws; 
           (14) obtained money, property, or services from a consumer 
        through the use of undue influence, high pressure sales tactics, 
        harassment, duress, deception, or fraud; 
           (15) performed services for a client who had no possibility 
        of benefiting from the services; 
           (16) failed to refer a client for medical evaluation or to 
        other health care professionals when appropriate or when a 
        client indicated symptoms associated with diseases that could be 
        medically or surgically treated; or 
           (17) if the individual is a dispenser of hearing 
        instruments as defined by section 153A.13, subdivision 5, had 
        the certification required by chapter 153A, denied, suspended, 
        or revoked according to chapter 153A; or 
           (18) used the term doctor of audiology, doctor of 
        speech-language pathology, AuD, or SLPD without having obtained 
        the degree from an institution accredited by the North Central 
        Association of Colleges and Secondary Schools or the American 
        Speech-Language-Hearing Association. 
           Sec. 10.  Minnesota Statutes 1996, section 148.76, 
        subdivision 2, is amended to read: 
           Subd. 2.  No physical therapist shall may: 
           (a) treat human ailments by physical therapy after an 
        initial 30-day period of patient admittance to treatment has 
        lapsed, except by the order or referral of a person licensed in 
        this state to practice medicine as defined in section 147.081, 
        the practice of chiropractic as defined in section 148.01, the 
        practice of podiatry as defined in section 153.01, or the 
        practice of dentistry as defined in section 150A.05, or the 
        practice of advanced practice nursing as defined in section 
        62A.15, subdivision 3a, when orders or referrals are made in 
        collaboration with a physician, chiropractor, podiatrist, or 
        dentist, and whose license is in good standing; or when a 
        previous diagnosis exists indicating an ongoing condition 
        warranting physical therapy treatment, subject to periodic 
        review defined by board of medical practice rule; 
           (b) treat human ailments by physical therapy treatment 
        without first having practiced one year under a physician's 
        orders as verified by the board's records; 
           (c) utilize any chiropractic manipulative technique whose 
        end is the chiropractic adjustment of an abnormal articulation 
        of the body; and 
           (d) treat human ailments other than by physical therapy 
        unless duly licensed or registered to do so under the laws of 
        this state. 
           Sec. 11.  Minnesota Statutes 1996, section 148B.69, is 
        amended by adding a subdivision to read:  
           Subd. 2a.  [HEARINGS.] If the commissioner proposes to take 
        action against the practitioner as described in subdivision 1, 
        the commissioner must first notify the person against whom the 
        action is proposed to be taken and provide the person with an 
        opportunity to request a hearing under the contested case 
        provisions of chapter 14.  If the person 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. 
           Sec. 12.  Minnesota Statutes 1997 Supplement, section 
        148C.03, subdivision 1, is amended to read: 
           Subdivision 1.  [GENERAL.] The commissioner shall, after 
        consultation with the advisory council or a subcommittee or the 
        special licensing criteria committee established under section 
        148C.11, subdivision 3, paragraph (b) 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) hold or contract for the administration of examinations 
        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).  The examinations must be 
        written and oral and may be administered by the commissioner or 
        by a private organization under contract with the commissioner 
        to administer the licensing examinations.  Examinations, must 
        minimize cultural bias, and must be balanced in various theories 
        relative to 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. 13.  Minnesota Statutes 1996, 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 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. 14.  Minnesota Statutes 1996, section 148C.05, 
        subdivision 2, is amended to read: 
           Subd. 2.  [CONTINUING EDUCATION.] At the time of renewal, 
        if required, each licensee shall furnish evidence satisfactory 
        to the commissioner that the licensee has completed at least the 
        equivalent of 40 clock hours of continuing professional 
        postdegree education during the past two years, in programs 
        approved by the commissioner, after consultation with the 
        education committee, and that the licensee continues to be 
        qualified to practice under sections 148C.01 to 148C.11 which 
        meet the requirements in the rules authorized by this chapter.  
        The commissioner shall seek advice from the advisory council and 
        the committees established by the rules in determining whether a 
        continuing education program meets the requirements.  
           Sec. 15.  Minnesota Statutes 1996, section 148C.06, is 
        amended to read: 
           148C.06 [TRANSITION PERIOD.] 
           Subdivision 1.  [QUALIFICATIONS.] For two years 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.; 
           (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, paragraph (a), 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, paragraph (a), clause (2) or (3), or is 
        credentialed as a certified chemical dependency practitioner 
        (CCDP) by the Institute for Chemical Dependency Professionals of 
        Minnesota, Inc.; 
           (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.  
           Subd. 2.  [DOCUMENTATION OF STATUS; CERTAIN 
        APPLICANTS.] Licensure applications 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. 
           Sec. 16.  Minnesota Statutes 1997 Supplement, section 
        148C.11, subdivision 3, is amended to read: 
           Subd. 3.  [FEDERALLY RECOGNIZED TRIBES; ETHNIC MINORITIES.] 
        (a) Alcohol and drug counselors licensed to practice alcohol and 
        drug counseling according to standards established by federally 
        recognized tribes, while practicing under tribal jurisdiction, 
        are exempt from the requirements of this chapter.  In practicing 
        alcohol and drug counseling under tribal jurisdiction, 
        individuals licensed under that authority shall be afforded the 
        same rights, responsibilities, and recognition as persons 
        licensed pursuant to this chapter. 
           (b) The commissioner shall develop special licensing 
        criteria for issuance of a license to alcohol and drug 
        counselors who:  (1) are members of ethnic minority groups 
        practice alcohol and drug counseling with a member of an ethnic 
        minority population or with a person with a disability as 
        defined by rule; or (2) are employed by private, nonprofit 
        agencies, including agencies operated by private, nonprofit 
        hospitals, whose primary agency service focus addresses ethnic 
        minority populations or persons with a disability as defined by 
        rule.  These licensing criteria may differ from the licensing 
        criteria specified in section 148C.04.  To develop, implement, 
        and evaluate the effect of these criteria, the commissioner 
        shall establish a committee comprised of, but not limited to, 
        representatives from the council on hearing impaired, Minnesota 
        commission serving deaf and hard-of-hearing people, the council 
        on affairs of Chicano/Latino people, the council on 
        Asian-Pacific Minnesotans, the council on Black Minnesotans, the 
        council on disability, and the Indian affairs council. 
           Sec. 17.  Minnesota Statutes 1996, section 153A.13, 
        subdivision 5, is amended to read: 
           Subd. 5.  [DISPENSER OF HEARING INSTRUMENTS.] "Dispenser of 
        hearing instruments" means a natural person who engages in 
        hearing instrument dispensing whether or not certified by the 
        commissioner of health or licensed by an existing health-related 
        board, except that any a person described as follows is not a 
        dispenser of hearing instruments:  
           (1) a student participating in supervised field work that 
        is necessary to meet requirements of an accredited educational 
        program if the student is designated by a title which clearly 
        indicates the student's status as a student trainee; or 
           (2) a person who helps a dispenser of hearing instruments 
        in an administrative or clerical manner and does not engage in 
        hearing instrument dispensing is not a dispenser of hearing 
        instruments.  
           A person who offers to dispense a hearing instrument, or a 
        person who advertises, holds out to the public, or otherwise 
        represents that the person is authorized to dispense hearing 
        instruments must be certified by the commissioner. 
           Sec. 18.  Minnesota Statutes 1996, section 153A.14, 
        subdivision 2a, is amended to read: 
           Subd. 2a.  [EXEMPTION FROM EXAMINATION REQUIREMENT.] 
        Persons completing the audiology registration requirements of 
        Minnesota Rules, part 4750.0060, section 148.515 after January 
        1, 1996, are exempt from the examination requirements of 
        subdivision 2 2h.  Minnesota registration or American 
        Speech-Language-Hearing Association certification as an 
        audiologist are is not required but may be submitted as evidence 
        qualifying for exemption from the examination if the 
        requirements are completed after January 1, 1996.  Persons 
        qualifying for examination exemption must fulfill the other 
        credentialing requirements under subdivisions 1 and 2 before a 
        certificate may be issued by the commissioner. 
           Sec. 19.  Minnesota Statutes 1996, section 153A.14, 
        subdivision 2b, is amended to read: 
           Subd. 2b.  [ACTION ON APPLICATIONS FOR CERTIFICATION.] The 
        commissioner shall act on an application applications for 
        certification, and applications for renewal of certification, 
        according to paragraphs (a) to (c). 
           (a) The commissioner shall determine if the applicant meets 
        the requirements for certification.  The commissioner or 
        advisory council may investigate information provided by an 
        applicant to determine whether the information is accurate and 
        complete. 
           (b) The commissioner shall notify each applicant of action 
        taken on the application and of the grounds for denying 
        certification if certification is denied. 
           (c) Applicants denied certification for failure to meet the 
        requirements may make a written request to the commissioner 
        within 30 days of the commissioner's determination to appear 
        before the advisory council and for the advisory council to 
        review the commissioner's decision to deny the applicant's 
        certification.  After reviewing the denial, the advisory council 
        shall make a recommendation to the commissioner as to whether 
        the denial should be affirmed.  The commissioner shall comply 
        with contested case procedures in chapter 14 when suspending, 
        revoking, or refusing to issue or renew a certificate under this 
        section. 
           Sec. 20.  Minnesota Statutes 1996, section 153A.14, 
        subdivision 2d, is amended to read: 
           Subd. 2d.  [CERTIFICATION RENEWAL NOTICE.] Certification 
        must be renewed annually.  At least 30 days before the deadline 
        for application to renew certification, The commissioner shall 
        mail a renewal notice to the dispenser's last known address by 
        September 1 of each year.  The notice must include a renewal 
        application and notice of fees required for renewal.  A 
        dispenser is not relieved from meeting the applicable deadline 
        for renewal deadline on the basis that the dispenser did not 
        receive the renewal notice.  In renewing a certificate, a 
        dispenser shall follow the procedures for applying for a 
        certificate specified in subdivision 1. 
           Sec. 21.  Minnesota Statutes 1996, section 153A.14, 
        subdivision 2f, is amended to read: 
           Subd. 2f.  [LATE RENEWALS.] The deadline for application to 
        renew certification is October 1 of each year.  An 
        application submitted after October 1 and before November 1 for 
        certification renewal must be received by the department of 
        health or postmarked by October 1.  An application not received 
        or postmarked by October 1 shall be a late renewal and must be 
        accompanied by a late fee as required in section 153A.17.  If 
        the postmark is illegible, the application shall be considered 
        timely if received by October 7.  
           Sec. 22.  Minnesota Statutes 1996, 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) and (b) 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. 
           Sec. 23.  Minnesota Statutes 1996, section 153A.14, 
        subdivision 9, is amended to read: 
           Subd. 9.  [CONSUMER RIGHTS INFORMATION.] A hearing 
        instrument dispenser shall, at the time of the recommendation or 
        prescription, give a consumer rights brochure, prepared by the 
        commissioner and containing information about legal requirements 
        pertaining to sales of hearing instruments, to each potential 
        buyer of a hearing instrument.  A sales contract for a hearing 
        instrument must note the receipt of the brochure by the buyer, 
        along with the buyer's signature or initials. 
           Sec. 24.  Minnesota Statutes 1996, section 153A.14, 
        subdivision 10, is amended to read: 
           Subd. 10.  [LIABILITY FOR CONTRACTS.] Owners of entities in 
        the business of dispensing hearing instruments, employers of 
        persons who dispense hearing instruments, and supervisors of 
        trainees, and hearing instrument dispensers conducting the sales 
        transaction at issue are liable for satisfying all terms of 
        contracts, written or oral, made by their agents, employees, 
        assignees, affiliates, or trainees, including terms relating to 
        products, repairs, warranties, service, and refunds.  The 
        commissioner may enforce the terms of hearing instrument sales 
        contracts against the principal, employer, or supervisor of an 
        agent, employee, or trainee, or dispenser who conducted the sale 
        and may impose any remedy provided for in this chapter. 
           Sec. 25.  Minnesota Statutes 1996, section 153A.15, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [PROHIBITED ACTS.] The commissioner may 
        reject an application for a certificate or may act under 
        subdivision 2 against a dispenser of hearing instruments for 
        failure to comply with this chapter.  Failure to apply to the 
        commissioner for a certificate, or supplying false or misleading 
        information on the application for a certificate, is a ground 
        for action under subdivision 2.  The following acts and conduct 
        are also grounds for action under subdivision 2: 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) failing to provide the consumer rights brochure 
        required by section 153A.14, subdivision 9; 
           (4) being disciplined through a revocation, suspension, 
        restriction, or limitation by another state for conduct subject 
        to action under this chapter; 
           (5) presenting advertising that is false or misleading; 
           (6) providing the commissioner with false or misleading 
        statements of credentials, training, or experience; 
           (7) engaging in conduct likely to deceive, defraud, or harm 
        the public; or demonstrating a willful or careless disregard for 
        the health, welfare, or safety of a consumer; 
           (8) splitting fees or promising to pay a portion of a fee 
        to any other professional other than a fee for services rendered 
        by the other professional to the client; 
           (9) engaging in abusive or fraudulent billing practices, 
        including violations of federal Medicare and Medicaid laws, Food 
        and Drug Administration regulations, or state medical assistance 
        laws; 
           (10) obtaining money, property, or services from a consumer 
        through the use of undue influence, high pressure sales tactics, 
        harassment, duress, deception, or fraud; 
           (11) failing to comply with restrictions on sales of 
        hearing aids in sections 153A.14, subdivision 9, and 153A.19; 
           (12) performing the services of a certified hearing 
        instrument dispenser in an incompetent or negligent manner; 
           (13) failing to comply with the requirements of this 
        chapter as an employer, supervisor, or trainee; 
           (14) failing to provide information in a timely manner in 
        response to a request by the commissioner, commissioner's 
        designee, or the advisory council; 
           (15) being convicted within the past five years of 
        violating any laws of the United States, or any state or 
        territory of the United States, and the violation is a felony, 
        gross misdemeanor, or misdemeanor, an essential element of which 
        relates to hearing instrument dispensing, except as provided in 
        chapter 364; 
           (16) failing to cooperate in good faith with the 
        commissioner, the commissioner's designee, or the advisory 
        council in any investigation; 
           (17) failing to perform hearing instrument dispensing with 
        reasonable judgment, skill, or safety due to the use of alcohol 
        or drugs, or other physical or mental impairment; 
           (18) failing to fully disclose actions taken against the 
        applicant or the applicant's legal authorization to dispense 
        hearing instruments in this or another state; 
           (19) violating a state or federal court order or judgment, 
        including a conciliation court judgment, relating to the 
        activities of the applicant in hearing instrument dispensing; 
           (20) having been or being disciplined by the commissioner 
        of the department of health, or other authority, in this or 
        another jurisdiction, if any of the grounds for the discipline 
        are the same or substantially equivalent to those in sections 
        153A.13 to 153A.19; 
           (21) misrepresenting the purpose of hearing tests, or in 
        any way communicating that the hearing test or hearing test 
        protocol required by section 153A.14, subdivision 4b, is a 
        medical evaluation, a diagnostic hearing evaluation conducted by 
        an audiologist, or is other than a test to select a hearing 
        instrument, except that the hearing instrument dispenser can 
        determine the need for or recommend the consumer obtain a 
        medical evaluation consistent with requirements of the United 
        States Food and Drug Administration; 
           (22) violating any of the provisions of sections 153A.13 to 
        153A.19; and 
           (23) aiding or abetting another person in violating any of 
        the provisions of sections 153A.13 to 153A.19. 
           Sec. 26.  Minnesota Statutes 1996, section 153A.15, is 
        amended by adding a subdivision to read: 
           Subd. 2a.  [HEARINGS.] If the commissioner proposes to take 
        action against the dispenser as described in subdivision 2, the 
        commissioner must first notify the person against whom the 
        action is proposed to be taken and provide the person with an 
        opportunity to request a hearing under the contested case 
        provisions of chapter 14.  If the person 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. 
           Sec. 27.  Minnesota Statutes 1996, section 153A.20, 
        subdivision 3, is amended to read: 
           Subd. 3.  [DUTIES.] At the commissioner's request, the 
        advisory council shall: 
           (1) advise the commissioner regarding hearing instrument 
        dispenser certification standards; 
           (2) advise the commissioner on enforcement of sections 
        153A.13 to 153A.20; 
           (3) provide for distribution of information regarding 
        hearing instrument dispenser certification standards; 
           (4) review applications and make recommendations to the 
        commissioner on granting or denying certification or 
        certification renewal; 
           (5) review reports of investigations relating to 
        individuals and make recommendations to the commissioner as to 
        whether certification should be denied or disciplinary action 
        taken against the individual; and 
           (3) review investigation summaries of competency violations 
        and make recommendations to the commissioner as to whether the 
        allegations of incompetency are substantiated; and 
           (6) (4) perform other duties authorized for advisory 
        councils by chapter 214, or as directed by the commissioner. 
           Sec. 28.  [CERTAIN HEALTH DEPARTMENT RULES.] 
           The commissioner of health may repeal or amend Minnesota 
        Rules, parts 4666.0010 to 4666.1400, and may adopt new rules to 
        replace them.  Rules repealed, amended, or adopted under this 
        section are not subject to Minnesota Statutes, sections 14.05 to 
        14.28, but are governed by section 14.386.  The commissioner's 
        authority to act under this section expires December 31, 1998. 
           Sec. 29.  [REPEALER.] 
           Minnesota Statutes 1996, section 153A.14, subdivision 7, is 
        repealed. 
           Sec. 30.  [EFFECTIVE DATE.] 
           Sections 5 to 8 are effective November 1, 1998.  All other 
        sections are effective the day following final enactment. 
           Presented to the governor March 19, 1998 
           Signed by the governor March 23, 1998, 10:55 a.m.

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