1.1                          A bill for an act 
  1.2             relating to health; occupations and professions; 
  1.3             modifying provisions relating to the office of mental 
  1.4             health practice; licensing of chemical dependency 
  1.5             counselors and hearing instrument dispensers; 
  1.6             establishing an advisory council; providing penalties; 
  1.7             amending Minnesota Statutes 1994, sections 148B.66, 
  1.8             subdivision 1; 148B.68, subdivision 1; 148C.01; 
  1.9             148C.02; 148C.03, subdivision 1, and by adding a 
  1.10            subdivision; 148C.04, subdivisions 1, 2, 3, and 4; 
  1.11            148C.05; 148C.06; 148C.07; 148C.08; 148C.09; 148C.10; 
  1.12            148C.11; 153A.13; 153A.14; 153A.15, subdivisions 1 and 
  1.13            2; 153A.17; 153A.18; 153A.19; 214.01, subdivision 2; 
  1.14            214.10, subdivision 8; and 214.103, subdivision 1; 
  1.15            proposing coding for new law in Minnesota Statutes, 
  1.16            chapters 148C; and 153A; repealing Minnesota Statutes 
  1.17            1994, sections 148B.62; 148C.01, subdivision 8; 
  1.18            148C.03, subdivisions 2 and 3; 148C.035; 148C.09, 
  1.19            subdivision 3; and 153A.19, subdivision 1; Minnesota 
  1.20            Rules, chapters 4692; and 4745. 
  1.21  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.22     Section 1.  Minnesota Statutes 1994, section 148B.66, 
  1.23  subdivision 1, is amended to read: 
  1.24     Subdivision 1.  [COOPERATION.] An unlicensed mental health 
  1.25  practitioner who is the subject of an investigation, or who is 
  1.26  questioned in connection with an investigation, by or on behalf 
  1.27  of the office of mental health practice shall cooperate fully 
  1.28  with the investigation.  Cooperation includes responding fully 
  1.29  and promptly to any question raised by or on behalf of the 
  1.30  office relating to the subject of the investigation, whether 
  1.31  tape recorded or not, and providing copies of client records, as 
  1.32  reasonably requested by the office, to assist the office in its 
  1.33  investigation, and appearing at conferences or hearings 
  2.1   scheduled by the commissioner.  If the office does not have a 
  2.2   written consent from a client permitting access to the client's 
  2.3   records, the unlicensed mental health practitioner shall delete 
  2.4   any data in the record that identifies the client before 
  2.5   providing it to the ~~board~~ office.  The office shall maintain any 
  2.6   records obtained pursuant to this section as investigative data 
  2.7   pursuant to section 13.41.  If an unlicensed mental health 
  2.8   practitioner refuses to give testimony or produce any documents, 
  2.9   books, records, or correspondence on the basis of the fifth 
  2.10  amendment to the Constitution of the United States, the 
  2.11  commissioner may compel the unlicensed mental health 
  2.12  practitioner to provide the testimony or information; however, 
  2.13  the testimony or evidence may not be used against the 
  2.14  practitioner in any criminal proceeding. Challenges to requests 
  2.15  of the office may be brought before the appropriate agency or 
  2.16  court. 
  2.17     Sec. 2.  Minnesota Statutes 1994, section 148B.68, 
  2.18  subdivision 1, is amended to read: 
  2.19     Subdivision 1.  [PROHIBITED CONDUCT.] The commissioner may 
  2.20  impose disciplinary action as described in section 148B.69 
  2.21  against any unlicensed mental health practitioner.  The 
  2.22  following conduct is prohibited and is grounds for disciplinary 
  2.23  action: 
  2.24     (a) Conviction of a crime, including a finding or verdict 
  2.25  of guilt, an admission of guilt, or a no contest plea, in any 
  2.26  court in Minnesota or any other jurisdiction in the United 
  2.27  States, reasonably related to the provision of mental health 
  2.28  services.  Conviction, as used in this subdivision, includes a 
  2.29  conviction of an offense which, if committed in this state, 
  2.30  would be deemed a felony or gross misdemeanor without regard to 
  2.31  its designation elsewhere, or a criminal proceeding where a 
  2.32  finding or verdict of guilty is made or returned but the 
  2.33  adjudication of guilt is either withheld or not entered. 
  2.34     (b) Conviction of crimes against persons.  For purposes of 
  2.35  this chapter, a crime against a person means violations of the 
  2.36  following:  sections 609.185; 609.19; 609.195; 609.20; 609.205; 
  3.1   609.21; 609.215; 609.221; 609.222; 609.223; 609.224; 609.23; 
  3.2   609.231; 609.235; 609.24; 609.245; 609.25; 609.255; 609.26, 
  3.3   subdivision 1, clause (1) or (2); 609.265; 609.342; 609.343; 
  3.4   609.344; 609.345; 609.365; 609.498, subdivision 1; 609.50, 
  3.5   clause (1); 609.561; 609.562; and 609.595. 
  3.6      (c) Failure to comply with the self-reporting requirements 
  3.7   of section 148B.63, subdivision ~~6~~ 7. 
  3.8      (d) Engaging in sexual contact with a client or former 
  3.9   client as defined in section 148A.01, or engaging in contact 
  3.10  that may be reasonably interpreted by a client as sexual, or 
  3.11  engaging in any verbal behavior that is seductive or sexually 
  3.12  demeaning to the patient, or engaging in sexual exploitation of 
  3.13  a client or former client. 
  3.14     (e) Advertising that is false, fraudulent, deceptive, or 
  3.15  misleading. 
  3.16     (f) Conduct likely to deceive, defraud, or harm the public; 
  3.17  or demonstrating a willful or careless disregard for the health, 
  3.18  welfare, or safety of a client; or any other practice that may 
  3.19  create unnecessary danger to any client's life, health, or 
  3.20  safety, in any of which cases, proof of actual injury need not 
  3.21  be established. 
  3.22     (g) Adjudication as mentally incompetent, or as a person 
  3.23  who is dangerous to self, or adjudication pursuant to chapter 
  3.24  253B, as chemically dependent, mentally ill, mentally retarded, 
  3.25  mentally ill and dangerous to the public, or as a sexual 
  3.26  psychopathic personality or sexually dangerous person. 
  3.27     (h) Inability to provide mental health services with 
  3.28  reasonable safety to clients. 
  3.29     (i) The habitual overindulgence in the use of or the 
  3.30  dependence on intoxicating liquors. 
  3.31     (j) Improper or unauthorized personal or other use of any 
  3.32  legend drugs as defined in chapter 151, any chemicals as defined 
  3.33  in chapter 151, or any controlled substance as defined in 
  3.34  chapter 152. 
  3.35     (k) Revealing a communication from, or relating to, a 
  3.36  client except when otherwise required or permitted by law. 
  4.1      (l) Failure to comply with a client's request made under 
  4.2   section 144.335, or to furnish a client record or report 
  4.3   required by law. 
  4.4      (m) Splitting fees or promising to pay a portion of a fee 
  4.5   to any other professional other than for services rendered by 
  4.6   the other professional to the client. 
  4.7      (n) Engaging in abusive or fraudulent billing practices, 
  4.8   including violations of the federal Medicare and Medicaid laws 
  4.9   or state medical assistance laws. 
  4.10     (o) Failure to make reports as required by section 148B.63, 
  4.11  or cooperate with an investigation of the office. 
  4.12     (p) Obtaining money, property, or services from a client, 
  4.13  other than reasonable fees for services provided to the client, 
  4.14  through the use of undue influence, harassment, duress, 
  4.15  deception, or fraud. 
  4.16     (q) Undertaking or continuing a professional relationship 
  4.17  with a client in which the objectivity of the professional would 
  4.18  be impaired. 
  4.19     (r) Failure to provide the client with a copy of the client 
  4.20  bill of rights or violation of any provision of the client bill 
  4.21  of rights. 
  4.22     (s) Violating any order issued by the commissioner. 
  4.23     (t) Failure to comply with sections 148B.60 to 148B.71, and 
  4.24  the rules adopted under those sections. 
  4.25     (u) Failure to comply with any additional disciplinary 
  4.26  grounds established by the commissioner by rule. 
  4.27     (v) Revocation, suspension, restriction, limitation, or 
  4.28  other disciplinary action against the mental health 
  4.29  practitioner's license, certificate, registration, or right of 
  4.30  practice in this or another state or jurisdiction, for offenses 
  4.31  that would be subject to disciplinary action in this state, or 
  4.32  failure to report to the office of mental health practice that 
  4.33  charges regarding the practitioner's license, certificate, 
  4.34  registration, or right of practice have been brought in this or 
  4.35  another state or jurisdiction. 
  4.36     Sec. 3.  Minnesota Statutes 1994, section 148C.01, is 
  5.1   amended to read: 
  5.2      148C.01 [DEFINITIONS.] 
  5.3      Subdivision 1.  [~~APPLICABILITY~~ DEFINITIONS.] For the 
  5.4   purposes of sections 148C.01 to 148C.11 and 595.02, subdivision 
  5.5   1, the following terms have the meanings given them.  
  5.6      Subd. 2.  [~~LICENSED CHEMICAL DEPENDENCY~~ ALCOHOL AND DRUG 
  5.7   COUNSELOR.] "~~Licensed chemical dependency~~ Alcohol and drug 
  5.8   counselor" or "counselor" means a person who: 
  5.9      (1) uses, as a representation to the public, any title or 
  5.10  description of services incorporating the words "~~licensed~~ 
  5.11  ~~chemical dependency~~ alcohol and drug counselor"; 
  5.12     (2) offers to render professional ~~chemical dependency~~ 
  5.13  alcohol and drug counseling services relative to the abuse of or 
  5.14  the dependency on alcohol or other drugs to the general public 
  5.15  or groups, organizations, corporations, institutions, or 
  5.16  government agencies for compensation, implying that the person 
  5.17  is licensed and trained, experienced or expert in ~~chemical~~ 
  5.18  ~~dependency~~ alcohol and drug counseling; ~~and~~ 
  5.19     (3) holds a valid license issued under sections 148C.01 to 
  5.20  148C.11 to engage in the practice of ~~chemical dependency~~ alcohol 
  5.21  and drug counseling; or 
  5.22     (4) is an applicant for an alcohol and drug counseling 
  5.23  license.  
  5.24     ~~Subd. 3.  [OTHER TITLES.] For the purposes of sections~~ 
  5.25  ~~148C.01 to 148C.11 and 595.02, subdivision 1, all individuals,~~ 
  5.26  ~~except as provided in section 148C.11, who practice chemical~~ 
  5.27  ~~dependency counseling as defined in subdivision 2, regardless of~~ 
  5.28  ~~their titles, shall be covered by sections 148C.01 to 148C.11.~~  
  5.29  ~~This includes, but is not limited to, individuals who may refer~~ 
  5.30  ~~to themselves as "alcoholism counselor," "drug abuse therapist,"~~ 
  5.31  ~~"chemical dependency recovery counselor," "chemical dependency~~ 
  5.32  ~~relapse prevention planner," "addiction therapist," "chemical~~ 
  5.33  ~~dependency intervention specialist," "family chemical dependency~~ 
  5.34  ~~counselor," "chemical health specialist," "chemical health~~ 
  5.35  ~~coordinator," and "substance abuse counselor."~~ 
  5.36     Subd. 4.  [~~CHEMICAL~~ DEPENDENCY.] "~~Chemical~~ Dependency" 
  6.1   means a ~~condition in which a person pathologically uses alcohol~~ 
  6.2   ~~or a controlled substance as defined in chapter 152, accompanied~~ 
  6.3   ~~by physical manifestation of increased tolerance to the chemical~~ 
  6.4   ~~or chemicals being used, or withdrawal syndrome following~~ 
  6.5   ~~cessation of chemical use.~~ maladaptive pattern of substance use, 
  6.6   leading to clinically significant impairment or distress, as 
  6.7   manifested by three or more of the following occurring at any 
  6.8   time in the same 12-month period: 
  6.9      (a) tolerance, as defined by either of the following: 
  6.10     (1) a need for markedly increased amounts of the substance 
  6.11  to achieve intoxication or desired effect; or 
  6.12     (2) a markedly diminished effect with continued use of the 
  6.13  same amount of the substance; 
  6.14     (b) withdrawal, as manifested by either of the following: 
  6.15     (1) the characteristic withdrawal syndrome for the 
  6.16  substance, as referred to in the most current edition of the 
  6.17  Diagnostic and Statistical Manual of Mental Disorders; or 
  6.18     (2) the same or closely related substance is taken to 
  6.19  relieve or avoid withdrawal symptoms; 
  6.20     (c) the substance is often taken in larger amounts or over 
  6.21  a longer period than was intended; 
  6.22     (d) a persistent desire or unsuccessful efforts to cut down 
  6.23  or control substance use; 
  6.24     (e) a great deal of time is spent in activities necessary 
  6.25  to obtain the substance, use the substance, or recover from its 
  6.26  effects; 
  6.27     (f) important social, occupational, or recreational 
  6.28  activities are given up or reduced because of the substance use; 
  6.29  or 
  6.30     (g) substance use continues despite knowledge of having had 
  6.31  a persistent or recurrent physical or psychological problem that 
  6.32  was likely to have been caused or exacerbated by the substance. 
  6.33     Subd. 5.  [~~CHEMICAL~~ ABUSE.] "~~Chemical~~ Abuse" means a 
  6.34  ~~pattern of inappropriate and harmful use of alcohol or a~~ 
  6.35  ~~controlled substance governed by chapter 152.  Chemical abuse~~ 
  6.36  ~~includes inappropriate and harmful patterns of chemical use that~~ 
  7.1   ~~are linked to specific situations in an individual's life such~~ 
  7.2   ~~as loss of a job, death of a loved one, or a sudden change in~~ 
  7.3   ~~life circumstances.  Chemical abuse does not involve a pattern~~ 
  7.4   ~~of pathological use, but it may progress to pathological~~ 
  7.5   ~~use.~~ maladaptive pattern of substance use leading to clinically 
  7.6   significant impairment or distress, as manifested by one or more 
  7.7   of the following occurring at any time during the same 12-month 
  7.8   period:  
  7.9      (1) recurrent substance use resulting in a failure to 
  7.10  fulfill major role obligations at work, school, or home; 
  7.11     (2) recurrent substance use in situations in which it is 
  7.12  physically hazardous; 
  7.13     (3) recurrent substance-related legal problems; and 
  7.14     (4) continued substance use despite having persistent or 
  7.15  recurrent social or interpersonal problems caused or exacerbated 
  7.16  by the effects of the substance. 
  7.17  For substance use to be considered abuse, the individual must 
  7.18  never have met the criteria for dependence in subdivision 4 for 
  7.19  the class of substance in question.  
  7.20     Subd. 6.  [COMMISSIONER.] "Commissioner" means the 
  7.21  commissioner of health, or a designee. 
  7.22     Subd. 7.  [ACCREDITED SCHOOL OR EDUCATIONAL PROGRAM ~~OF~~ 
  7.23  ~~CHEMICAL DEPENDENCY COUNSELING~~.] "Accredited school or 
  7.24  educational program ~~of chemical dependency counseling~~" means a 
  7.25  school of ~~chemical dependency~~ alcohol and drug counseling ~~or~~ 
  7.26  ~~other educational program that has been recognized by the~~ 
  7.27  ~~commissioner~~, university, college, or other post-secondary 
  7.28  education program that offers no less than the required number 
  7.29  of education and practicum hours as described in section 
  7.30  148C.04, subdivision 3, and the core functions as defined in 
  7.31  subdivision 9, and that, at the time the student completes the 
  7.32  program, is accredited by a regional accrediting association 
  7.33  whose standards are substantially equivalent to those of the 
  7.34  North Central Association of Colleges and Post-Secondary 
  7.35  Education Institutions or an accrediting association that 
  7.36  evaluates schools of alcohol and drug counseling for inclusion 
  8.1   of the education, practicum, and core function standards in this 
  8.2   chapter.  
  8.3      ~~Subd. 8.  [PRIVATE PRACTICE.] "Private practice" means~~ 
  8.4   ~~chemical dependency counseling practice conducted by an~~ 
  8.5   ~~individual who is either self-employed or a member of a~~ 
  8.6   ~~partnership or a group practice, rather than being employed by a~~ 
  8.7   ~~public agency or an agency licensed under chapter 245A.~~  
  8.8      Subd. 9.  [~~TWELVE~~ CORE FUNCTIONS.] "~~Twelve~~ Core functions" 
  8.9   means the following services provided in ~~chemical~~ alcohol and 
  8.10  drug dependency treatment:  
  8.11     (1) "Screening" means the process by which a client is 
  8.12  determined appropriate and eligible for admission to a 
  8.13  particular program.~~;~~ 
  8.14     (2) "Intake" means the administrative and initial 
  8.15  assessment procedures for admission to a program.~~;~~ 
  8.16     (3) "Orientation" means describing to the client the 
  8.17  general nature and goals of the program; rules governing client 
  8.18  conduct and infractions that can lead to disciplinary action or 
  8.19  discharge from the program; in a nonresidential program, the 
  8.20  hours during which services are available; treatment costs to be 
  8.21  borne by the client, if any; and client's rights.~~;~~ 
  8.22     (4) "Assessment" means those procedures by which a 
  8.23  counselor identifies and evaluates an individual's strengths, 
  8.24  weaknesses, problems, and needs for the development of the 
  8.25  treatment plan.~~;~~ 
  8.26     (5) "Treatment planning" means the process by which the 
  8.27  counselor and the client identify and rank problems needing 
  8.28  resolution; establish agreed upon immediate and long-term goals; 
  8.29  and decide on a treatment process and the sources to be 
  8.30  utilized.~~;~~ 
  8.31     (6) "Counseling" means the utilization of special skills to 
  8.32  assist individuals, families, or groups in achieving objectives 
  8.33  through exploration of a problem and its ramifications; 
  8.34  examination of attitudes and feelings; consideration of 
  8.35  alternative solutions; and decision making.~~;~~ 
  8.36     (7) "Case management" means activities which bring 
  9.1   services, agencies, resources, or people together within a 
  9.2   planned framework of action toward the achievement of 
  9.3   established goals.~~;~~ 
  9.4      (8) "Crisis intervention" means those services which 
  9.5   respond to an alcohol or other drug user's needs during acute 
  9.6   emotional or physical distress.~~;~~ 
  9.7      (9) "Client education" means the provision of information 
  9.8   to clients who are receiving or seeking counseling concerning 
  9.9   alcohol and other drug abuse and the available services and 
  9.10  resources.~~;~~ 
  9.11     (10) "Referral" means identifying the needs of the client 
  9.12  which cannot be met by the counselor or agency and assisting the 
  9.13  client to utilize the support systems and available community 
  9.14  resources.~~;~~ 
  9.15     (11) "Reports and record keeping" means charting the 
  9.16  results of the assessment and treatment plan, writing reports, 
  9.17  progress notes, discharge summaries, and other client-related 
  9.18  data.~~; and~~ 
  9.19     (12) "Consultation with other professionals regarding 
  9.20  client treatment and services" means communicating with other 
  9.21  professionals in regard to client treatment and services to 
  9.22  assure comprehensive, quality care for the client. 
  9.23     Subd. 10.  [PRACTICE OF ALCOHOL AND DRUG 
  9.24  COUNSELING.] "Practice of alcohol and drug counseling" means the 
  9.25  observation, description, evaluation, interpretation, and 
  9.26  modification of human behavior as it relates to the harmful or 
  9.27  pathological use or abuse of alcohol or other drugs by the 
  9.28  application of the core functions.  The practice of alcohol and 
  9.29  drug counseling includes, but is not limited to, the following 
  9.30  activities, regardless of whether the counselor receives 
  9.31  compensation for the activities: 
  9.32     (1) assisting clients who use alcohol or drugs, evaluating 
  9.33  that use, and recognizing dependency if it exists; 
  9.34     (2) assisting clients with alcohol or other drug problems 
  9.35  to gain insight and motivation aimed at resolving those 
  9.36  problems; 
 10.1      (3) providing experienced professional guidance, 
 10.2   assistance, and support for the client's efforts to develop and 
 10.3   maintain a responsible functional lifestyle; 
 10.4      (4) recognizing problems outside the scope of the 
 10.5   counselor's training, skill, or competence and referring the 
 10.6   client to other appropriate professional services; 
 10.7      (5) assessing the level of alcohol or other drug use 
 10.8   involvement; 
 10.9      (6) individual planning to prevent a return to harmful 
 10.10  alcohol or chemical use; 
 10.11     (7) alcohol and other drug abuse education for clients; 
 10.12     (8) consultation with other professionals; and 
 10.13     (9) providing the above services, as needed, to family 
 10.14  members or others who are directly affected by someone using 
 10.15  alcohol or other drugs. 
 10.16     Subd. 11.  [SEXUAL CONTACT.] "Sexual contact" means contact 
 10.17  as defined in section 148A.01 with a client or former client, or 
 10.18  engaging in contact that may reasonably be interpreted by a 
 10.19  client as sexual, or engaging in any verbal behavior that is 
 10.20  seductive or sexually demeaning to the client, or engaging in 
 10.21  sexual exploitation of a client or former client. 
 10.22     Subd. 12.  [SUPERVISED ALCOHOL AND DRUG COUNSELING 
 10.23  EXPERIENCE.] Except during the transition period, "supervised 
 10.24  alcohol and drug counseling experience" means practical 
 10.25  experience gained by a student, volunteer, or intern, and 
 10.26  supervised by a person licensed under this chapter; either 
 10.27  before, during, or after the student completes a program from an 
 10.28  accredited school or education program of alcohol and drug 
 10.29  counseling. 
 10.30     Subd. 13.  [ALCOHOL AND DRUG COUNSELING 
 10.31  PRACTICUM.] "Alcohol and drug counseling practicum" means formal 
 10.32  experience gained by a student and supervised by a person 
 10.33  licensed under this chapter, in an accredited school or program 
 10.34  of alcohol and drug counseling as part of the education 
 10.35  requirements of this chapter. 
 10.36     Subd. 14.  [APPLICANT.] "Applicant" means a person seeking 
 11.1   a license under this chapter. 
 11.2      Subd. 15.  [CLIENT.] "Client" means an individual who is 
 11.3   the recipient of any of the alcohol and drug counseling services 
 11.4   described in section 148C.01. 
 11.5      Subd. 16.  [COMPENSATION.] "Compensation" means a fee, 
 11.6   salary, reward, payment, or the expectation of payment from a 
 11.7   client or a client's agent, insurer, employer, or other 
 11.8   representative for providing alcohol and drug counseling 
 11.9   services.  Compensation does not include bartering for services. 
 11.10     Sec. 4.  [148C.015] [SCOPE; DEFINITIONS.] 
 11.11     Before engaging in the practice of alcohol and drug 
 11.12  counseling as defined in section 148C.01, all persons, except as 
 11.13  provided in section 148C.11, regardless of their titles, must 
 11.14  obtain a license as provided in this chapter. 
 11.15     Sec. 5.  Minnesota Statutes 1994, section 148C.02, is 
 11.16  amended to read: 
 11.17     148C.02 [~~CHEMICAL DEPENDENCY COUNSELING~~ ALCOHOL AND DRUG 
 11.18  COUNSELORS LICENSING ADVISORY COUNCIL.] 
 11.19     Subdivision 1.  [MEMBERSHIP~~; STAFF~~.] ~~(a)~~ The ~~chemical~~ 
 11.20  ~~dependency counseling~~ alcohol and drug counselors licensing 
 11.21  advisory council consists of 13 members.  The commissioner shall 
 11.22  appoint: 
 11.23     (1) except for those members initially appointed, seven 
 11.24  members who must be licensed ~~chemical~~ alcohol and drug 
 11.25  dependency counselors; 
 11.26     (2) three members who must be public members as defined by 
 11.27  section 214.02; 
 11.28     (3) one member who must be a director or coordinator of an 
 11.29  accredited ~~chemical~~ alcohol and drug dependency training 
 11.30  program; and 
 11.31     (4) one member who must be a former consumer of ~~chemical~~ 
 11.32  alcohol and drug dependency counseling service and who must have 
 11.33  received the service more than three years before the person's 
 11.34  appointment. 
 11.35     The American Indian advisory committee to the department of 
 11.36  human services chemical dependency office shall appoint the 
 12.1   remaining member. 
 12.2      ~~(b) The provision of staff, administrative services, and~~ 
 12.3   ~~office space are as provided in chapter 214.~~  
 12.4      Subd. 2.  [DUTIES.] (a) The ~~commissioner, after~~ 
 12.5   ~~consultation with the~~ advisory council~~,~~ shall: 
 12.6      (1) ~~develop rules for the licensure of chemical dependency~~ 
 12.7   ~~counselors; and~~ provide advice and recommendations to the 
 12.8   commissioner on the development of rules for the licensure of 
 12.9   alcohol and drug counselors; 
 12.10     (2) ~~administer or contract for the competency testing,~~ 
 12.11  ~~licensing, and ethical review of chemical dependency counselors.~~ 
 12.12  provide advice and recommendations to the commissioner on the 
 12.13  development of standards and procedures for the competency 
 12.14  testing, licensing, and review of alcohol and drug counselors' 
 12.15  professional conduct; 
 12.16     (3) provide advice and recommendations to the commissioner 
 12.17  in disciplinary cases in the areas of counselor competency 
 12.18  issues, counselor practice issues, and counselor impairment 
 12.19  issues. 
 12.20     (b) The advisory council shall form an education committee, 
 12.21  including a chair, and shall advise the commissioner on the 
 12.22  administration of education requirements in section 148C.05, 
 12.23  subdivision 2. 
 12.24     Subd. 3.  [TERMS.] The terms, compensation, and removal of 
 12.25  members shall be as provided in section 15.059, except that 
 12.26  notwithstanding any contrary law, the advisory council shall not 
 12.27  expire. 
 12.28     Sec. 6.  Minnesota Statutes 1994, section 148C.03, 
 12.29  subdivision 1, is amended to read: 
 12.30     Subdivision 1.  [GENERAL.] The commissioner shall, after 
 12.31  consultation with the advisory council or a subcommittee or the 
 12.32  special licensing criteria committee established under section 
 12.33  148C.11, subdivision 3, paragraph (b): 
 12.34     (a) adopt and enforce rules for licensure of ~~chemical~~ 
 12.35  ~~dependency~~ alcohol and drug counselors ~~and for~~, including 
 12.36  establishing standards and methods of determining whether 
 13.1   applicants and licensees are qualified under section 148C.04.  
 13.2   The rules must provide for examinations and establish standards 
 13.3   for the regulation of professional conduct.  The rules must be 
 13.4   designed to protect the public; 
 13.5      (b) ~~adopt rules establishing standards and methods of~~ 
 13.6   ~~determining whether applicants and licensees are qualified under~~ 
 13.7   ~~section 148C.04.  The rules must provide for examinations;~~ 
 13.8   ~~establish standards for professional conduct, including adoption~~ 
 13.9   ~~of a professional code of ethics; and provide for sanctions as~~ 
 13.10  ~~described in section 148C.09;~~ 
 13.11     ~~(c)~~ hold or contract for the administration of examinations 
 13.12  at least twice a year to assess applicants' knowledge and 
 13.13  skills.  The examinations must be written and oral and may be 
 13.14  administered by the commissioner or by a ~~nonprofit agency~~ 
 13.15  private organization under contract with the commissioner to 
 13.16  administer the licensing examinations.  Examinations must 
 13.17  minimize cultural bias and must be balanced in various theories 
 13.18  relative to practice of ~~chemical dependency~~ alcohol and drug 
 13.19  counseling; 
 13.20     ~~(d)~~ (c) issue licenses to individuals qualified under 
 13.21  sections 148C.01 to 148C.11; 
 13.22     ~~(e)~~ (d) issue copies of the rules for licensure to all 
 13.23  applicants; 
 13.24     ~~(f)~~ (e) adopt rules to establish and implement procedures, 
 13.25  including a standard disciplinary process and ~~a code of ethics,~~ 
 13.26  ~~to ensure that individuals licensed as chemical dependency~~ 
 13.27  ~~counselors will comply with the commissioner's rules~~ rules of 
 13.28  professional conduct; 
 13.29     ~~(g) establish, maintain, and publish annually a register of~~ 
 13.30  ~~current licensees;~~ 
 13.31     (f) carry out disciplinary actions against licensees; 
 13.32     (g) establish, with the advice and recommendations of the 
 13.33  advisory council, written internal operating procedures for 
 13.34  receiving and investigating complaints and for taking 
 13.35  disciplinary actions as appropriate.  Establishment of the 
 13.36  operating procedures are not subject to rulemaking procedures 
 14.1   under chapter 14; 
 14.2      (h) ~~establish initial and renewal application and~~ 
 14.3   ~~examination fees sufficient to cover operating expenses of the~~ 
 14.4   ~~commissioner;~~ 
 14.5      ~~(i)~~ educate the public about the existence and content of 
 14.6   the rules for chemical dependency counselor licensing to enable 
 14.7   consumers to file complaints against licensees who may have 
 14.8   violated the rules; ~~and~~ 
 14.9      ~~(j)~~ (i) evaluate the rules in order to refine and improve 
 14.10  the methods used to enforce the commissioner's standards~~.~~; 
 14.11     (j) set, collect, and adjust license fees for alcohol and 
 14.12  drug counselors so that the total fees collected will as closely 
 14.13  as possible equal anticipated expenditures during the biennium, 
 14.14  as provided in section 16A.1285; fees for initial and renewal 
 14.15  application and examinations; late fees for counselors who 
 14.16  submit license renewal applications after the renewal deadline; 
 14.17  and a surcharge fee.  The surcharge fee must include an amount 
 14.18  necessary to recover, over a five-year period, the 
 14.19  commissioner's direct expenditures for the adoption of the rules 
 14.20  providing for the licensure of alcohol and drug counselors.  All 
 14.21  fees received shall be deposited in the state treasury and 
 14.22  credited to the special revenue fund; and 
 14.23     (k) prepare reports on activities related to the licensure 
 14.24  of alcohol and drug counselors according to this subdivision by 
 14.25  October 1 of each even-numbered year.  Copies of the reports 
 14.26  shall be delivered to the legislature in accordance with section 
 14.27  3.195 and to the governor.  The reports shall contain the 
 14.28  following information on the commissioner's activities relating 
 14.29  to the licensure of chemical dependency counselors, for the 
 14.30  two-year period ending the previous June 30: 
 14.31     (1) a general statement of the activities; 
 14.32     (2) the number of staff hours spent on the activities; 
 14.33     (3) the receipts and disbursements of funds; 
 14.34     (4) the names of advisory council members and their 
 14.35  addresses, occupations, and dates of appointment and 
 14.36  reappointment; 
 15.1      (5) the names and job classifications of employees; 
 15.2      (6) a brief summary of rules proposed or adopted during the 
 15.3   reporting period with appropriate citations to the State 
 15.4   Register and published rules; 
 15.5      (7) the number of persons having each type of license 
 15.6   issued by the commissioner as of June 30 in the year of the 
 15.7   report; 
 15.8      (8) the locations and dates of the administration of 
 15.9   examinations by the commissioner; 
 15.10     (9) the number of persons examined by the commissioner with 
 15.11  the persons subdivided into groups showing age categories, sex, 
 15.12  and states of residency; 
 15.13     (10) the number of persons licensed by the commissioner 
 15.14  after taking the examinations referred to in clause (8) with the 
 15.15  persons subdivided by age categories, sex, and states of 
 15.16  residency; 
 15.17     (11) the number of persons not licensed by the commissioner 
 15.18  after taking the examinations referred to in clause (8) with the 
 15.19  persons subdivided by age categories, sex, and states of 
 15.20  residency; 
 15.21     (12) the number of persons not taking the examinations 
 15.22  referred to in clause (8) who were licensed by the commissioner 
 15.23  or who were denied licensing, the reasons for the licensing or 
 15.24  denial, and the persons subdivided by age categories, sex, and 
 15.25  states of residency; 
 15.26     (13) the number of persons previously licensed by the 
 15.27  commissioner whose licenses were revoked, suspended, or 
 15.28  otherwise altered in status with brief statements of the reasons 
 15.29  for the revocation, suspension, or alteration; 
 15.30     (14) the number of written and oral complaints and other 
 15.31  communications received by the commissioner which allege or 
 15.32  imply a violation of a statute or rule which the commissioner is 
 15.33  empowered to enforce; 
 15.34     (15) a summary, by specific category, of the substance of 
 15.35  the complaints and communications referred to in clause (14) 
 15.36  and, for each specific category, the responses or dispositions; 
 16.1   and 
 16.2      (16) any other objective information which the commissioner 
 16.3   believes will be useful in reviewing the commissioner's 
 16.4   activities. 
 16.5      Sec. 7.  Minnesota Statutes 1994, section 148C.03, is 
 16.6   amended by adding a subdivision to read: 
 16.7      Subd. 4.  [PROFESSIONAL ACCOUNTABILITY.] The commissioner 
 16.8   shall maintain and keep current a file containing the reports 
 16.9   and complaints filed against alcohol and drug counselors within 
 16.10  the commissioner's jurisdiction. 
 16.11     Sec. 8.  [148C.0351] [PROCEDURES FOR ADMISSION TO 
 16.12  LICENSURE.] 
 16.13     Subdivision 1.  [APPLICATION FORMS.] Unless exempted under 
 16.14  section 148C.11, a person who practices alcohol and drug 
 16.15  counseling in Minnesota must: 
 16.16     (1) apply to the commissioner for a license to practice 
 16.17  alcohol and drug counseling on forms provided by the 
 16.18  commissioner; 
 16.19     (2) include with the application a statement that the 
 16.20  statements in the application are true and correct to the best 
 16.21  of the applicant's knowledge and belief; 
 16.22     (3) include with the application a nonrefundable 
 16.23  application fee specified by the commissioner; 
 16.24     (4) include with the application information describing the 
 16.25  applicant's experience, including the number of years and months 
 16.26  the applicant has practiced alcohol and drug counseling as 
 16.27  defined in section 148C.01; 
 16.28     (5) include with the application the applicant's business 
 16.29  address and telephone number, or home address and telephone 
 16.30  number if the applicant conducts business out of the home, and 
 16.31  if applicable, the name of the applicant's supervisor, manager, 
 16.32  and employer; 
 16.33     (6) include with the application a written and signed 
 16.34  authorization for the commissioner to make inquiries to 
 16.35  appropriate state regulatory agencies and private credentialing 
 16.36  organizations in this or any other state where the applicant has 
 17.1   practiced alcohol and drug counseling; and 
 17.2      (7) complete the application in sufficient detail for the 
 17.3   commissioner to determine whether the applicant meets the 
 17.4   requirements for filing.  The commissioner may ask the applicant 
 17.5   to provide additional information necessary to clarify 
 17.6   incomplete or ambiguous information submitted in the application.
 17.7      Subd. 2.  [FEE FOR LATE RENEWAL.] A licensee must pay a 
 17.8   late fee and the renewal fee set by rule. 
 17.9      Subd. 3.  [REQUIREMENT TO MAINTAIN CURRENT INFORMATION.] An 
 17.10  alcohol and drug counselor must notify the commissioner with 30 
 17.11  days of the occurrence of any of the following: 
 17.12     (1) a change of name, address, place of employment, and 
 17.13  home or business telephone number; and 
 17.14     (2) a settlement or award based on negligent or intentional 
 17.15  acts committed in providing alcohol and drug counseling services.
 17.16     Sec. 9.  Minnesota Statutes 1994, section 148C.04, 
 17.17  subdivision 1, is amended to read: 
 17.18     Subdivision 1.  [GENERAL REQUIREMENTS.] The commissioner 
 17.19  shall issue licenses to the individuals qualified under sections 
 17.20  148C.01 to 148C.11 to practice ~~chemical dependency~~ alcohol and 
 17.21  drug counseling. 
 17.22     Sec. 10.  Minnesota Statutes 1994, section 148C.04, 
 17.23  subdivision 2, is amended to read: 
 17.24     Subd. 2.  [FEE.] Each applicant shall pay a nonrefundable 
 17.25  fee set by the commissioner pursuant to section 148C.03.  Fees 
 17.26  paid to the commissioner shall be deposited in the special 
 17.27  revenue fund. 
 17.28     Sec. 11.  Minnesota Statutes 1994, section 148C.04, 
 17.29  subdivision 3, is amended to read: 
 17.30     Subd. 3.  [LICENSING REQUIREMENTS FOR ~~CHEMICAL DEPENDENCY~~ 
 17.31  ~~COUNSELOR~~ ALCOHOL AND DRUG COUNSELORS; EVIDENCE.] (a) ~~To be~~ 
 17.32  ~~licensed as a chemical dependency counselor, an applicant must~~ 
 17.33  ~~meet~~ For five years after the effective date of the rules 
 17.34  authorized in section 148C.03, the applicant, unless qualified 
 17.35  for initial licensure under this subdivision, must furnish 
 17.36  evidence satisfactory to the commissioner that the applicant has 
 18.1   met all the requirements in clauses (1) to (3).  
 18.2      (1) Except as provided in subdivision 4, the applicant must 
 18.3   have received an associate degree including 270 clock hours of 
 18.4   ~~chemical dependency~~ alcohol and drug counseling education from 
 18.5   an accredited school or educational program and 880 clock hours 
 18.6   of chemical dependency practicum~~.~~; 
 18.7      (2) The applicant must have completed a written case 
 18.8   presentation and satisfactorily passed an oral examination that 
 18.9   demonstrates competence in the ~~12~~ core functions~~.~~; and 
 18.10     (3) The applicant must have satisfactorily passed a written 
 18.11  examination as established by the commissioner.  
 18.12     (b) ~~To be licensed as a chemical dependency counselor~~ 
 18.13  Unless the applicant qualifies for licensure under this 
 18.14  subdivision, an applicant must furnish evidence satisfactory to 
 18.15  the commissioner that the applicant has met the requirements of 
 18.16  paragraph (a), clauses (1) to (3).  
 18.17     Beginning two years after the effective date of the rules 
 18.18  authorized in section 148C.03, subdivision 1, no person may be 
 18.19  licensed without meeting the requirements in section 148C.04, 
 18.20  subdivision 4, paragraph (a), clauses (2) and (3), or the 
 18.21  special licensing criteria established pursuant to section 
 18.22  148C.11, subdivision 4. 
 18.23     Sec. 12.  Minnesota Statutes 1994, section 148C.04, 
 18.24  subdivision 4, is amended to read: 
 18.25     Subd. 4.  [ADDITIONAL LICENSING REQUIREMENTS.] Beginning 
 18.26  five years after the effective date of the rules authorized in 
 18.27  section 148C.03, subdivision 1, an applicant for licensure must 
 18.28  have received a bachelor's degree ~~in a human services area~~ from 
 18.29  an accredited school or educational program, and must have 
 18.30  completed 480 clock hours of ~~chemical dependency~~ alcohol and 
 18.31  drug counseling education from an accredited school or 
 18.32  educational program and 880 clock hours of ~~chemical dependency~~ 
 18.33  alcohol and drug counseling practicum.  
 18.34     Sec. 13.  Minnesota Statutes 1994, section 148C.05, is 
 18.35  amended to read: 
 18.36     148C.05 [LICENSE RENEWAL REQUIREMENTS; LAPSE.] 
 19.1      Subdivision 1.  [RENEWAL REQUIREMENTS.] ~~Licensees shall~~ 
 19.2   ~~renew licenses at the time and in the manner established by the~~ 
 19.3   ~~commissioner.~~ To renew a license, an applicant must: 
 19.4      (1) annually complete a renewal application on a form 
 19.5   provided by the commissioner and submit the annual renewal fee 
 19.6   by the deadline; and 
 19.7      (2) submit additional information if requested by the 
 19.8   commissioner to clarify information presented in the renewal 
 19.9   application.  This information must be submitted within 30 days 
 19.10  of the commissioner's request.  
 19.11     Subd. 2.  [CONTINUING EDUCATION.] At the time of 
 19.12  renewal, if required, each licensee shall furnish evidence 
 19.13  satisfactory to the commissioner that the licensee has completed 
 19.14  at least the equivalent of 40 clock hours of continuing 
 19.15  professional postdegree education ~~every~~ during the past two 
 19.16  years, in programs approved by the commissioner, after 
 19.17  consultation with the education committee, and that the licensee 
 19.18  continues to be qualified to practice under sections 148C.01 to 
 19.19  148C.11. 
 19.20     Subd. 3.  [LATE RENEWALS.] The deadline to renew licensure 
 19.21  is the date set by the commissioner.  An application submitted 
 19.22  after that date but before the renewal deadline shall be a late 
 19.23  renewal and must be accompanied by a late fee as required in 
 19.24  section 148C.0351, subdivision 2. 
 19.25     Subd. 4.  [LAPSE IN LICENSURE.] An applicant's license 
 19.26  shall lapse if the renewal application is not received by the 
 19.27  date set by the commissioner.  An applicant whose license has 
 19.28  lapsed less than two years must meet all the requirements of 
 19.29  this chapter except the examination requirements of section 
 19.30  148C.04.  An applicant whose license has lapsed for two years or 
 19.31  more must meet all the requirements of this chapter except the 
 19.32  continuing education requirement of subdivision 2.  License 
 19.33  renewal fees of applicants whose license has lapsed shall not be 
 19.34  prorated over the time remaining in the annual licensure period. 
 19.35     Sec. 14.  Minnesota Statutes 1994, section 148C.06, is 
 19.36  amended to read: 
 20.1      148C.06 [TRANSITION PERIOD.] 
 20.2      For two years from the effective date of the rules 
 20.3   authorized in section 148C.03, subdivision 1, the commissioner 
 20.4   shall issue a license ~~without examination~~ to an applicant if the 
 20.5   applicant meets one of the following qualifications:  
 20.6      (a) is credentialed as a certified chemical dependency 
 20.7   counselor (CCDC) or certified chemical dependency counselor 
 20.8   reciprocal (CCDCR) by the Institute for Chemical Dependency 
 20.9   Professionals of Minnesota, Inc.; 
 20.10     (b) has ~~three years or~~ 6,000 hours of supervised ~~chemical~~ 
 20.11  ~~dependency~~ alcohol and drug counselor experience as defined by 
 20.12  the ~~12~~ core functions, 270 clock hours of ~~chemical dependency~~ 
 20.13  alcohol and drug training with a minimum of 60 hours of this 
 20.14  training occurring within the past five years, 300 hours 
 20.15  of ~~chemical dependency~~ alcohol and drug practicum, and has 
 20.16  successfully completed the requirements in section 148C.04, 
 20.17  subdivision 3, paragraph (a), clauses (2) and (3); 
 20.18     (c) has ~~five years or~~ 10,000 hours of ~~chemical dependency~~ 
 20.19  supervised alcohol and drug counselor experience as defined by 
 20.20  the ~~12~~ core functions, 270 clock hours of ~~chemical dependency~~ 
 20.21  alcohol and drug training with a minimum of 60 hours of this 
 20.22  training occurring with the past five years, and has 
 20.23  successfully completed the requirements in section 148C.04, 
 20.24  subdivision 3, paragraph (a), clause (2) or (3), or is 
 20.25  credentialed as a certified chemical dependency practitioner 
 20.26  (CCDP) by the Institute for Chemical Dependency Professionals of 
 20.27  Minnesota, Inc.; ~~or~~ 
 20.28     (d) has ~~seven years or~~ 14,000 hours of supervised ~~chemical~~ 
 20.29  ~~dependency~~ alcohol and drug counselor experience as defined by 
 20.30  the ~~12~~ core functions and 270 clock hours of ~~chemical dependency~~ 
 20.31  alcohol and drug training with a minimum of 60 hours of this 
 20.32  training occurring within the past five years; or 
 20.33     (e) has met the special licensing criteria established 
 20.34  pursuant to section 148C.11.  
 20.35     ~~Beginning two years after the effective date of the rules~~ 
 20.36  ~~authorized in section 148C.03, subdivision 1, no person may be~~ 
 21.1   ~~licensed without meeting the requirements in section 148C.04,~~ 
 21.2   ~~subdivision 3, paragraph (a), clauses (2) and (3).~~ 
 21.3      Sec. 15.  Minnesota Statutes 1994, section 148C.07, is 
 21.4   amended to read: 
 21.5      148C.07 [RECIPROCITY.] 
 21.6      The commissioner shall issue an appropriate license to an 
 21.7   individual who holds a current license or other credential to 
 21.8   engage in alcohol and drug counseling from another jurisdiction 
 21.9   if the commissioner finds that the requirements for that 
 21.10  credential are substantially similar to the requirements in 
 21.11  sections 148C.01 to 148C.11.  
 21.12     Sec. 16.  Minnesota Statutes 1994, section 148C.08, is 
 21.13  amended to read: 
 21.14     148C.08 [NONTRANSFERABILITY OF LICENSES.] 
 21.15     ~~A chemical dependency~~ An alcohol and drug counselor license 
 21.16  is not transferable. 
 21.17     Sec. 17.  Minnesota Statutes 1994, section 148C.09, is 
 21.18  amended to read: 
 21.19     148C.09 [DENIAL, SUSPENSION, OR REVOCATION OF LICENSE.] 
 21.20     Subdivision 1.  [GROUNDS.] The commissioner may refuse to 
 21.21  grant a license to, or may suspend, revoke, or restrict the 
 21.22  license of an individual if the commissioner~~, after a hearing~~ 
 21.23  ~~under the contested case provisions of chapter 14,~~ determines 
 21.24  that a licensee or applicant:  
 21.25     (1) is incompetent to engage in ~~chemical dependency~~ alcohol 
 21.26  and drug counseling practice or is found to be engaged 
 21.27  in ~~chemical dependency~~ alcohol and drug counseling practice in a 
 21.28  manner harmful or dangerous to a client or the public; 
 21.29     (2) has violated the rules of the commissioner or the 
 21.30  statutes the commissioner is empowered to enforce; or any law, 
 21.31  rule order, stipulation and consent order, agreement, or 
 21.32  settlement; 
 21.33     (3) has obtained or attempted to obtain a license or 
 21.34  license renewal by bribery or fraudulent misrepresentation; 
 21.35     (4) has knowingly made a false statement on the form 
 21.36  required ~~by~~ to be submitted to the commissioner for licensing or 
 22.1   license renewal; ~~or~~ 
 22.2      (5) has failed to obtain continuing education credits 
 22.3   required by the commissioner~~.~~; 
 22.4      (6) has failed to demonstrate the qualifications or satisfy 
 22.5   the requirements for a license contained in this chapter or 
 22.6   rules of the commissioner.  The burden of proof shall be upon 
 22.7   the applicant to demonstrate qualifications or satisfaction of 
 22.8   requirements; 
 22.9      (7) has been convicted of a crime, including a finding or 
 22.10  verdict of guilt, an admission of guilt, or a no contest plea, 
 22.11  in any court in Minnesota or any other jurisdiction in the 
 22.12  United States, reasonably related to the provision of alcohol 
 22.13  and drug counseling services.  Conviction, as used in this 
 22.14  subdivision, includes conviction of an offense which, if 
 22.15  committed in this state, would be deemed a felony or gross 
 22.16  misdemeanor without regard to its designation elsewhere, or a 
 22.17  criminal proceeding where a finding or verdict of guilty is made 
 22.18  or returned but the adjudication of guilt is either withheld or 
 22.19  not entered; 
 22.20     (8) has been convicted of a crime against another person.  
 22.21  For purposes of this chapter, a crime against another person 
 22.22  means an offense listed in section 148B.68, subdivision 1, 
 22.23  paragraph (b); 
 22.24     (9) has failed to comply with the self-reporting 
 22.25  requirements of section 148C.095, subdivision 7; 
 22.26     (10) has engaged in sexual contact with a client, or a 
 22.27  former client, as defined in section 148A.01, or has engaged in 
 22.28  conduct that may be reasonably interpreted by a client as 
 22.29  sexual, or has engaged in any verbal behavior that is seductive 
 22.30  or sexually demeaning to the client, or has engaged in sexual 
 22.31  exploitation of a client or former client; 
 22.32     (11) has engaged in false, fraudulent, deceptive, or 
 22.33  misleading advertising; 
 22.34     (12) has engaged in conduct likely to deceive, defraud, or 
 22.35  harm the public; or has demonstrated a willful or careless 
 22.36  disregard for the health, welfare, or safety of a client; or any 
 23.1   other practice that may create unnecessary danger to any 
 23.2   client's life, health, or safety, in any of which cases, proof 
 23.3   of actual injury need not be established; 
 23.4      (13) has been adjudicated as mentally incompetent, or as a 
 23.5   person who has a psychopathic personality, or who is dangerous 
 23.6   to self, or has been adjudicated as chemically dependent, 
 23.7   mentally ill, mentally retarded, or mentally ill and dangerous 
 23.8   to the public pursuant to chapter 253B; 
 23.9      (14) is unable to provide alcohol and drug counseling 
 23.10  services with reasonable safety to clients; 
 23.11     (15) is habitually overindulgent in the use of or the 
 23.12  dependence on alcohol; 
 23.13     (16) has engaged in the improper or unauthorized personal 
 23.14  or other use of any legend drugs as defined in section 151.01, 
 23.15  any chemicals as defined in section 151.01, or any controlled 
 23.16  substance as defined in section 152.01; 
 23.17     (17) reveals a communication from, or relating to, a client 
 23.18  except when required or permitted by law; 
 23.19     (18) fails to comply with a client's request for health 
 23.20  records made under section 144.335, or to furnish a client 
 23.21  record or report required by law; 
 23.22     (19) has engaged in fee splitting or promises to pay a 
 23.23  portion of a fee to any other professional other than for 
 23.24  services rendered by the other professional to the client; 
 23.25     (20) has engaged in abusive or fraudulent billing 
 23.26  practices, including violations of the federal Medicare and 
 23.27  Medicaid laws or state medical assistance laws; 
 23.28     (21) fails to make reports as required by section 148C.095, 
 23.29  or cooperate with an investigation of the commissioner; 
 23.30     (22) obtains money, property, or services from a client, 
 23.31  other than reasonable fees for services provided to the client, 
 23.32  through the use of undue influence, harassment, duress, 
 23.33  deception, or fraud; 
 23.34     (23) undertakes or continues a professional relationship 
 23.35  with a client in which the objectivity of the alcohol and drug 
 23.36  counselor may be impaired; 
 24.1      (24) engages in conduct that constitutes grounds for 
 24.2   discipline as established by the commissioner in rule; or 
 24.3      (25) engages in bartering for services with a client. 
 24.4      Subd. 2.  [APPEAL, RESTORING A LICENSE.] ~~For reasons it~~ 
 24.5   ~~finds sufficient, the commissioner may grant a license~~ 
 24.6   ~~previously refused, restore a license that has been revoked, or~~ 
 24.7   ~~reduce a period of suspension or restriction of a license.~~  If a 
 24.8   license is denied, suspended, restricted, or revoked, an 
 24.9   applicant or licensee may request a hearing under the contested 
 24.10  case provisions of chapter 14.  The commissioner may, for good 
 24.11  cause demonstrated by the applicant or counselor, grant a 
 24.12  license previously refused, restore a license that has been 
 24.13  revoked, or reduce a period of suspension or restriction of a 
 24.14  license.  The commissioner may impose any conditions or 
 24.15  limitations as the commissioner deems reasonable.  
 24.16     Subd. 3.  [ANNUAL REVIEW.] Suspension, revocation, or 
 24.17  restriction of a license shall be reviewed by the commissioner 
 24.18  at the request of the licensee against whom the disciplinary 
 24.19  action was taken.  
 24.20     Subd. 4.  [EVIDENCE.] In disciplinary actions alleging 
 24.21  violations of subdivision 1, paragraph (7), (8), (13), or (14), 
 24.22  a copy of the judgment or proceedings under the seal of the 
 24.23  court administrator or of the administrative agency that entered 
 24.24  the judgment or proceeding is admissible into evidence without 
 24.25  further authentication and constitutes prima facie evidence of 
 24.26  its contents. 
 24.27     Sec. 18.  [148C.091] [DISCIPLINARY ACTIONS.] 
 24.28     Subdivision 1.  [FORMS OF DISCIPLINARY ACTION.] When the 
 24.29  commissioner finds that an applicant or a licensed alcohol and 
 24.30  drug counselor has violated a provision or provisions of 
 24.31  sections 148C.01 to 148C.11, or rules promulgated under this 
 24.32  chapter, the commissioner may take one or more of the following 
 24.33  actions: 
 24.34     (1) refuse to grant a license; 
 24.35     (2) revoke the license; 
 24.36     (3) suspend the license; 
 25.1      (4) impose limitations or conditions; 
 25.2      (5) impose a civil penalty not exceeding $10,000 for each 
 25.3   separate violation, the amount of the civil penalty to be fixed 
 25.4   so as to deprive the counselor of any economic advantage gained 
 25.5   by reason of the violation charged or to reimburse the 
 25.6   commissioner for all costs of the investigation and proceeding; 
 25.7   including, but not limited to, the amount paid by the 
 25.8   commissioner for services from the office of administrative 
 25.9   hearings, attorney fees, court reports, witnesses, reproduction 
 25.10  of records, advisory council members' per diem compensation, 
 25.11  staff time, and expense incurred by advisory council members and 
 25.12  staff of the department; 
 25.13     (6) order the counselor to provide uncompensated 
 25.14  professional service under supervision at a designated public 
 25.15  hospital, clinic, or other health care institution; 
 25.16     (7) censure or reprimand the counselor; or 
 25.17     (8) any other action justified by the case. 
 25.18     Subd. 2.  [DISCOVERY; SUBPOENAS.] In all matters relating 
 25.19  to the commissioner's investigation and enforcement activities 
 25.20  related to alcohol and drug counselors, the commissioner of 
 25.21  health may issue subpoenas and compel the attendance of 
 25.22  witnesses and the production of all necessary papers, books, 
 25.23  records, documents, and other evidentiary materials.  Any person 
 25.24  failing or refusing to appear or testify regarding any matter 
 25.25  about which the person may be lawfully questioned or failing to 
 25.26  produce any papers, books, records, documents, or other 
 25.27  evidentiary materials in the matter to be heard, after having 
 25.28  been required by order of the commissioner or by a subpoena of 
 25.29  the commissioner to do so may, upon application by the 
 25.30  commissioner to the district court in any district, be ordered 
 25.31  to comply with the order or subpoena.  The commissioner may 
 25.32  administer oaths to witnesses or take their affirmation.  
 25.33  Depositions may be taken within or without the state in the 
 25.34  manner provided by law for the taking of depositions in civil 
 25.35  actions.  A subpoena or other process or paper may be served 
 25.36  upon a person it names anywhere within the state by any officer 
 26.1   authorized to serve subpoenas or other process or paper in civil 
 26.2   actions in the same manner as prescribed by law for service of 
 26.3   process issued out of the district court of this state. 
 26.4      Subd. 3.  [TEMPORARY SUSPENSION.] In addition to any other 
 26.5   remedy provided by law, the commissioner may, without a hearing, 
 26.6   temporarily suspend the right of an alcohol and drug counselor 
 26.7   to practice if the commissioner finds that the counselor has 
 26.8   violated a statute or rule that the commissioner has authority 
 26.9   to enforce and that continued practice by the practitioner would 
 26.10  create a serious risk of harm to others.  The suspension takes 
 26.11  effect upon service of a written order on the practitioner 
 26.12  specifying the statute or rule violated.  The order remains in 
 26.13  effect until the commissioner issues a final order in the matter 
 26.14  after a hearing or upon agreement between the commissioner and 
 26.15  the counselor.  Service of the order is effective if the order 
 26.16  is served on the counselor or the counselor's attorney either 
 26.17  personally or by first class mail.  Within ten days of service 
 26.18  of the order, the commissioner shall hold a hearing on the sole 
 26.19  issue of whether there is a reasonable basis to continue, 
 26.20  modify, or lift the suspension.  Evidence presented by the 
 26.21  commissioner or counselor must be by affidavit only.  The 
 26.22  counselor or the counselor's attorney of record may appear for 
 26.23  oral argument.  Within five working days after the hearing, the 
 26.24  commissioner shall issue an order and, if the suspension is 
 26.25  continued, schedule a contested case hearing within 45 days 
 26.26  after issuance of the order.  The administrative law judge shall 
 26.27  issue a report within 30 days after closing of the contested 
 26.28  case hearing record.  The commissioner shall issue a final order 
 26.29  within 30 days after receipt of that report, the hearing record, 
 26.30  and any exceptions to the report filed by the parties. 
 26.31     Subd. 4.  [AUTOMATIC SUSPENSION.] The right to practice is 
 26.32  automatically suspended if (1) a guardian of an alcohol and drug 
 26.33  counselor is appointed by order of a probate court under 
 26.34  sections 525.54 to 525.61, or (2) the counselor is committed by 
 26.35  order of a probate court under chapter 253B.  The right to 
 26.36  practice remains suspended until the counselor is restored to 
 27.1   capacity by a court and, upon petition by the counselor, the 
 27.2   suspension is terminated by the commissioner after a hearing or 
 27.3   upon agreement between the commissioner and the counselor. 
 27.4      Sec. 19.  [148C.093] [ADDITIONAL REMEDIES.] 
 27.5      Subdivision 1.  [CEASE AND DESIST.] The commissioner may 
 27.6   issue a cease and desist order to stop a person from violating 
 27.7   or threatening to violate a statute, rule, or order which the 
 27.8   commissioner has issued or has authority to enforce.  The cease 
 27.9   and desist order must state the reason for its issuance and give 
 27.10  notice of the person's right to request a hearing under sections 
 27.11  14.57 to 14.62.  If, within 15 days of service of the order, the 
 27.12  subject of the order fails to request a hearing in writing, the 
 27.13  order is the final order of the commissioner and is not 
 27.14  reviewable by a court or agency. 
 27.15     A hearing must be initiated by the commissioner not later 
 27.16  than 30 days from the date of the commissioner's receipt of a 
 27.17  written hearing request.  Within 30 days of receipt of the 
 27.18  administrative law judge's report, and any written agreement or 
 27.19  exceptions filed by the parties, the commissioner shall issue a 
 27.20  final order modifying, vacating, or making permanent the cease 
 27.21  and desist order as the facts require.  The final order remains 
 27.22  in effect until modified or vacated by the commissioner. 
 27.23     When a request for a stay accompanies a timely hearing 
 27.24  request, the commissioner may, in the commissioner's discretion, 
 27.25  grant the stay.  If the commissioner does not grant a requested 
 27.26  stay, the commissioner shall refer the request to the office of 
 27.27  administrative hearings within three working days of receipt of 
 27.28  the request.  Within ten days after receiving the request from 
 27.29  the commissioner, an administrative law judge shall issue a 
 27.30  recommendation to grant or deny the stay.  The commissioner 
 27.31  shall grant or deny the stay within five working days of 
 27.32  receiving the administrative law judge's recommendation. 
 27.33     In the event of noncompliance with a cease and desist 
 27.34  order, the commissioner may institute a proceeding in district 
 27.35  court to obtain injunctive relief or other appropriate relief, 
 27.36  including a civil penalty payable to the commissioner not 
 28.1   exceeding $10,000 for each separate violation. 
 28.2      Subd. 2.  [INJUNCTIVE RELIEF.] In addition to any other 
 28.3   remedy provided by law, including the issuance of a cease and 
 28.4   desist order under subdivision 1, the commissioner may in the 
 28.5   commissioner's own name bring an action in district court for 
 28.6   injunctive relief to restrain an alcohol and drug counselor from 
 28.7   a violation or threatened violation of any statute, rule, or 
 28.8   order which the commissioner has authority to administer, 
 28.9   enforce, or issue. 
 28.10     Subd. 3.  [ADDITIONAL POWERS.] The issuance of a cease and 
 28.11  desist order or injunctive relief granted under this section 
 28.12  does not relieve a counselor from criminal prosecution by a 
 28.13  competent authority or from disciplinary action by the 
 28.14  commissioner. 
 28.15     Sec. 20.  [148C.095] [REPORTING OBLIGATIONS.] 
 28.16     Subdivision 1.  [PERMISSION TO REPORT.] A person who has 
 28.17  knowledge of any conduct constituting grounds for disciplinary 
 28.18  action relating to the practice of alcohol and drug counseling 
 28.19  under this chapter may report the violation to the commissioner. 
 28.20     Subd. 2.  [INSTITUTIONS.] A state agency, political 
 28.21  subdivision, agency of a local unit of government, private 
 28.22  agency, hospital, clinic, prepaid medical plan, or other health 
 28.23  care institution or organization located in this state shall 
 28.24  report to the commissioner any action taken by the agency, 
 28.25  institution, or organization or any of its administrators or 
 28.26  medical or other committees to revoke, suspend, restrict, or 
 28.27  condition an alcohol and drug counselor's privilege to practice 
 28.28  or treat patients or clients in the institution, or as part of 
 28.29  the organization, any denial of privileges, or any other 
 28.30  disciplinary action for conduct that might constitute grounds 
 28.31  for disciplinary action by the commissioner under this chapter.  
 28.32  The institution, organization, or governmental entity shall also 
 28.33  report the resignation of any alcohol and drug counselors before 
 28.34  the conclusion of any disciplinary action proceeding for conduct 
 28.35  that might constitute grounds for disciplinary action under this 
 28.36  chapter, or before the commencement of formal charges but after 
 29.1   the practitioner had knowledge that formal charges were 
 29.2   contemplated or were being prepared. 
 29.3      Subd. 3.  [PROFESSIONAL SOCIETIES.] A state or local 
 29.4   professional society for alcohol and drug counselors shall 
 29.5   report to the commissioner any termination, revocation, or 
 29.6   suspension of membership or any other disciplinary action taken 
 29.7   against an alcohol and drug counselor.  If the society has 
 29.8   received a complaint that might be grounds for discipline under 
 29.9   this chapter against a member on which it has not taken any 
 29.10  disciplinary action, the society shall report the complaint and 
 29.11  the reason why it has not taken action on it or shall direct the 
 29.12  complainant to the commissioner. 
 29.13     Subd. 4.  [LICENSED PROFESSIONALS.] A licensed health 
 29.14  professional shall report to the commissioner personal knowledge 
 29.15  of any conduct that the licensed health professional reasonably 
 29.16  believes constitutes grounds for disciplinary action under this 
 29.17  chapter by an alcohol and drug counselor, including conduct 
 29.18  indicating that the individual may be medically incompetent, or 
 29.19  may be medically or physically unable to engage safely in the 
 29.20  provision of services.  If the information was obtained in the 
 29.21  course of a client relationship, the client is an alcohol and 
 29.22  drug counselor, and the treating individual successfully 
 29.23  counsels the alcohol and drug counselor to limit or withdraw 
 29.24  from practice to the extent required by the impairment, the 
 29.25  commissioner may deem this limitation of or withdrawal from 
 29.26  practice to be sufficient disciplinary action. 
 29.27     Subd. 5.  [INSURERS.] Each insurer authorized to sell 
 29.28  insurance described in section 60A.06, subdivision 1, clause 
 29.29  (13), and providing professional liability insurance to alcohol 
 29.30  and drug counselors or the medical joint underwriting 
 29.31  association under chapter 62F, shall submit to the commissioner 
 29.32  quarterly reports concerning the alcohol and drug counselors 
 29.33  against whom malpractice settlements and awards have been made.  
 29.34  The report must contain at least the following information: 
 29.35     (1) the total number of malpractice settlements or awards 
 29.36  made; 
 30.1      (2) the date the malpractice settlements or awards were 
 30.2   made; 
 30.3      (3) the allegations contained in the claim or complaint 
 30.4   leading to the settlements or awards made; 
 30.5      (4) the dollar amount of each settlement or award; 
 30.6      (5) the address of the practice of the alcohol and drug 
 30.7   counselor against whom an award was made or with whom a 
 30.8   settlement was made; and 
 30.9      (6) the name of the alcohol and drug counselor against whom 
 30.10  an award was made or with whom a settlement was made. 
 30.11     The insurance company shall, in addition to the above 
 30.12  information, submit to the commissioner any information, 
 30.13  records, and files, including clients' charts and records, it 
 30.14  possesses that tend to substantiate a charge that a licensed 
 30.15  alcohol and drug counselor may have engaged in conduct violating 
 30.16  this chapter. 
 30.17     Subd. 6.  [SELF-REPORTING.] An alcohol and drug counselor 
 30.18  shall report to the commissioner any personal action that would 
 30.19  require that a report be filed with the commissioner by any 
 30.20  person, health care facility, business, or organization under 
 30.21  subdivisions 2 to 5.  The alcohol and drug counselor shall also 
 30.22  report the revocation, suspension, restriction, limitation, or 
 30.23  other disciplinary action in this state and report the filing of 
 30.24  charges regarding the practitioner's license or right of 
 30.25  practice in another state or jurisdiction. 
 30.26     Subd. 7.  [DEADLINES; FORMS.] Reports required by 
 30.27  subdivisions 2 to 6 must be submitted no later than 30 days 
 30.28  after the reporter learns of the occurrence of the reportable 
 30.29  event or transaction.  The commissioner may provide forms for 
 30.30  the submission of the reports required by this section, may 
 30.31  require that reports be submitted on the forms provided, and may 
 30.32  adopt rules necessary to assure prompt and accurate reporting. 
 30.33     Sec. 21.  [148C.099] [PROFESSIONAL COOPERATION.] 
 30.34     An alcohol and drug counselor who is the subject of an 
 30.35  investigation, or who is questioned in connection with an 
 30.36  investigation, by or on behalf of the commissioner, shall 
 31.1   cooperate fully with the investigation.  Cooperation includes 
 31.2   responding fully to any question raised by or on behalf of the 
 31.3   commissioner relating to the subject of the investigation 
 31.4   whether tape recorded or not.  Challenges to requests of the 
 31.5   commissioner may be brought before the appropriate agency or 
 31.6   court. 
 31.7      Sec. 22.  Minnesota Statutes 1994, section 148C.10, is 
 31.8   amended to read: 
 31.9      148C.10 [PROHIBITION AGAINST UNLICENSED PRACTICE OR USE OF 
 31.10  TITLES; PENALTY.] 
 31.11     Subdivision 1.  [PRACTICE.] After the commissioner adopts 
 31.12  rules, no individual shall engage in ~~chemical dependency~~ alcohol 
 31.13  and drug counseling practice unless that individual holds a 
 31.14  valid license as ~~a chemical dependency~~ an alcohol and drug 
 31.15  counselor.  
 31.16     Subd. 2.  [USE OF TITLES.] After the commissioner adopts 
 31.17  rules, no individual shall ~~be presented~~ present themselves or 
 31.18  any other individual to the public by any title incorporating 
 31.19  the words "~~chemical dependency~~ licensed alcohol and drug 
 31.20  counselor" or otherwise hold themselves out to the public by any 
 31.21  title or description stating or implying that they are licensed 
 31.22  or otherwise qualified to practice alcohol and drug counseling 
 31.23  unless that individual holds a valid license.  City, county, and 
 31.24  state agency ~~chemical dependency~~ alcohol and drug counselors who 
 31.25  are not licensed under sections 148C.01 to 148C.11 may use the 
 31.26  title "city agency ~~chemical dependency~~ alcohol and drug 
 31.27  counselor," "county agency ~~chemical dependency~~ alcohol and drug 
 31.28  counselor," or "state agency ~~chemical dependency~~ alcohol and 
 31.29  drug counselor."  Hospital ~~chemical dependency~~ alcohol and drug 
 31.30  counselors who are not licensed under sections 148C.01 to 
 31.31  148C.11 may use the title "hospital ~~chemical dependency~~ alcohol 
 31.32  and drug counselor" while acting within the scope of their 
 31.33  employment. 
 31.34     Subd. 3.  [PENALTY.] A person who violates sections 148C.01 
 31.35  to 148C.11 is guilty of a misdemeanor.  
 31.36     Sec. 23.  Minnesota Statutes 1994, section 148C.11, is 
 32.1   amended to read: 
 32.2      148C.11 [EXCEPTIONS TO LICENSE REQUIREMENT.] 
 32.3      Subdivision 1.  [OTHER PROFESSIONALS.] Nothing in sections 
 32.4   148C.01 to 148C.10 shall prevent members of other professions or 
 32.5   occupations from performing functions for which they are 
 32.6   qualified or licensed.  This exception includes, but is not 
 32.7   limited to, licensed physicians, registered nurses, licensed 
 32.8   practical nurses, psychological practitioners, members of the 
 32.9   clergy, attorneys, probation officers, marriage and family 
 32.10  therapists, social workers, professional counselors, school 
 32.11  counselors, and registered occupational therapists or certified 
 32.12  occupational therapist assistants.  These persons must not, 
 32.13  however, use a title incorporating the words "~~chemical~~ 
 32.14  ~~dependency~~ alcohol and drug counselor" or "licensed ~~chemical~~ 
 32.15  ~~dependency~~ alcohol and drug counselor" or otherwise hold 
 32.16  themselves out to the public by any title or description stating 
 32.17  or implying that they are licensed to engage in the practice 
 32.18  of ~~chemical dependency~~ alcohol and drug counseling. 
 32.19     Subd. 2.  [STUDENTS.] Nothing in sections 148C.01 to 
 32.20  148C.10 shall prevent students enrolled in an accredited school 
 32.21  of ~~chemical dependency~~ alcohol and drug counseling from engaging 
 32.22  in the practice of ~~chemical dependency~~ alcohol and drug 
 32.23  counseling under qualified supervision in an accredited school 
 32.24  of ~~chemical dependency~~ alcohol and drug counseling.  
 32.25     Subd. 3.  [FEDERALLY RECOGNIZED TRIBES ~~AND PRIVATE~~ 
 32.26  ~~NONPROFIT AGENCIES WITH A MINORITY FOCUS~~.] ~~(a) The licensing of~~ 
 32.27  ~~chemical dependency counselors who are employed by federally~~ 
 32.28  ~~recognized tribes shall be voluntary.~~  Alcohol and drug 
 32.29  counselors licensed to practice alcohol and drug counseling 
 32.30  according to standards established by federally recognized 
 32.31  tribes, while practicing under tribal jurisdiction, are exempt 
 32.32  from the requirements of this chapter.  In practicing alcohol 
 32.33  and drug counseling under tribal jurisdiction, individuals 
 32.34  licensed under that authority shall be afforded the same rights, 
 32.35  responsibilities, and recognition as persons licensed pursuant 
 32.36  to this chapter. 
 32.37     (b) The commissioner shall develop special licensing 
 33.1   criteria for issuance of a license to ~~chemical dependency~~ 
 33.2   alcohol and drug counselors who:  (1) are members of ethnic 
 33.3   minority groups; ~~and~~ or (2) are employed by private, nonprofit 
 33.4   agencies, including agencies operated by private, nonprofit 
 33.5   hospitals, whose primary agency service focus addresses ethnic 
 33.6   minority populations.  These licensing criteria may differ from 
 33.7   the licensing criteria specified in section 148C.04.  To develop 
 33.8   these criteria, the commissioner shall establish a committee 
 33.9   comprised of but not limited to representatives from the council 
 33.10  on hearing impaired, the council on affairs of Spanish-speaking 
 33.11  people, the council on Asian-Pacific Minnesotans, the council on 
 33.12  Black Minnesotans, and the Indian affairs council. 
 33.13     Subd. 4.  [HOSPITAL ~~CHEMICAL DEPENDENCY~~ ALCOHOL AND DRUG 
 33.14  COUNSELORS.] ~~Except as provided in subdivision 3, paragraph (b),~~ 
 33.15  The licensing of hospital ~~chemical dependency~~ alcohol and drug 
 33.16  counselors shall be voluntary, while the counselor is employed 
 33.17  by the hospital.  Hospitals employing ~~chemical dependency~~ 
 33.18  alcohol and drug counselors shall not be required to employ 
 33.19  licensed ~~chemical dependency~~ alcohol and drug counselors, nor 
 33.20  shall they require their ~~chemical dependency~~ alcohol and drug 
 33.21  counselors to be licensed, however, nothing in this chapter will 
 33.22  prohibit hospitals from requiring their counselors to be 
 33.23  eligible for licensure. 
 33.24     Subd. 5.  [CITY, COUNTY, AND STATE AGENCY ~~CHEMICAL~~ 
 33.25  ~~DEPENDENCY~~ ALCOHOL AND DRUG COUNSELORS.] The licensing of city, 
 33.26  county, and state agency ~~chemical dependency~~ alcohol and drug 
 33.27  counselors shall be voluntary, while the counselor is employed 
 33.28  by the city, county, or state agency.  City, county, and state 
 33.29  agencies employing ~~chemical dependency~~ alcohol and drug 
 33.30  counselors shall not be required to employ licensed ~~chemical~~ 
 33.31  ~~dependency~~ alcohol and drug counselors, nor shall they require 
 33.32  their ~~chemical dependency~~ drug and alcohol counselors to be 
 33.33  licensed. 
 33.34     Sec. 24.  Minnesota Statutes 1994, section 153A.13, is 
 33.35  amended to read: 
 33.36     153A.13 [DEFINITIONS.] 
 34.1      Subdivision 1.  [APPLICABILITY.] The definitions in this 
 34.2   section apply to sections 153A.13 to 153A.18. 
 34.3      Subd. 2.  [COMMISSIONER.] "Commissioner" means the 
 34.4   commissioner of the department of health or a designee. 
 34.5      Subd. 3.  [HEARING INSTRUMENT.] "Hearing instrument" means 
 34.6   an instrument, or any of its parts, worn in the ear canal and 
 34.7   designed to or represented as being able to aid ~~defective~~ or 
 34.8   enhance human hearing.  "Hearing instrument" includes the 
 34.9   instrument's parts, attachments, ~~and~~ or accessories, including, 
 34.10  but not limited to, ear molds and behind the ear (BTE) devices 
 34.11  with or without an ear mold.  Batteries and cords are not parts, 
 34.12  attachments, or accessories of a hearing instrument.  Surgically 
 34.13  implanted hearing instruments, and assistive listening devices 
 34.14  ~~that do not require testing, fitting, or the use of ear molds~~ 
 34.15  ~~and are~~ not worn within the ear canal, are not hearing 
 34.16  instruments. 
 34.17     Subd. 4.  [HEARING INSTRUMENT DISPENSING.] "Hearing 
 34.18  instrument dispensing" means ~~fitting and selling hearing~~ 
 34.19  ~~instruments~~ making ear mold impressions, prescribing, or 
 34.20  recommending a hearing instrument, assisting the consumer in 
 34.21  instrument selection, selling hearing instruments at retail, or 
 34.22  testing human hearing in connection with these activities when 
 34.23  the person conducting these activities has a monetary interest 
 34.24  in the sale of hearing instruments to the consumer. 
 34.25     Subd. 5.  [DISPENSER OF HEARING INSTRUMENTS.] "Dispenser of 
 34.26  hearing instruments" means a natural person who engages in 
 34.27  hearing instrument dispensing whether or not 
 34.28  ~~registered~~ certified by the commissioner of health or licensed 
 34.29  by an existing health-related board, except that any person who 
 34.30  helps a dispenser of hearing instruments in an administrative or 
 34.31  clerical manner and does not engage in hearing instrument 
 34.32  dispensing is not a dispenser of hearing instruments.  A person 
 34.33  who offers to dispense a hearing instrument, or a person who 
 34.34  advertises, holds out to the public, or otherwise represents 
 34.35  that the person is authorized to dispense hearing instruments 
 34.36  must be certified by the commissioner. 
 35.1      Subd. 6.  [ADVISORY COUNCIL.] "Advisory council" means the 
 35.2   Minnesota hearing instrument dispenser advisory council, or a 
 35.3   committee of it, established under section 153A.20. 
 35.4      Subd. 7.  [ANSI.] "ANSI" means ANSI S3.6-1989, American 
 35.5   National Standard Specification for Audiometers from the 
 35.6   American National Standards Institute.  This document is 
 35.7   available through the Minitex interlibrary loan system. 
 35.8      Subd. 8.  [CERTIFICATION NUMBER.] "Certification number" 
 35.9   means the number assigned to each certification by the 
 35.10  commissioner. 
 35.11     Subd. 9.  [SUPERVISION.] "Supervision" means on-site 
 35.12  observing and monitoring activities of, and accepting 
 35.13  responsibility for, the hearing instrument dispensing activities 
 35.14  of a trainee. 
 35.15     Sec. 25.  Minnesota Statutes 1994, section 153A.14, is 
 35.16  amended to read: 
 35.17     153A.14 [REGULATION.] 
 35.18     Subdivision 1.  [APPLICATION FOR CERTIFICATE.] ~~A dispenser~~ 
 35.19  ~~of hearing instruments shall~~ An applicant must: 
 35.20     (1) be 18 years of age or older; 
 35.21     (2) apply to the commissioner for a certificate to dispense 
 35.22  hearing instruments~~.  The commissioner shall provide~~ 
 35.23  ~~applications for certificates.~~ on application forms provided by 
 35.24  the commissioner; 
 35.25     (3) at a minimum, ~~the information that an applicant must~~ 
 35.26  provide ~~includes~~ the ~~dispenser's~~ applicant's name, social 
 35.27  security number, business address and phone number, employer, 
 35.28  and information about the ~~dispenser's~~ applicant's education, 
 35.29  training, and experience in testing human hearing and fitting 
 35.30  hearing instruments~~.  The commissioner may reject an application~~ 
 35.31  ~~for a certificate if there is evidence of a violation or failure~~ 
 35.32  ~~to comply with this chapter.~~; 
 35.33     (4) include with the application a statement that the 
 35.34  statements in the application are true and correct to the best 
 35.35  of the applicant's knowledge and belief; 
 35.36     (5) include with the application a written and signed 
 36.1   authorization that authorizes the commissioner to make inquiries 
 36.2   to appropriate regulatory agencies in this or any other state 
 36.3   where the applicant has sold hearing instruments; 
 36.4      (6) submit certification to the commissioner that the 
 36.5   applicant's audiometric equipment has been calibrated to meet 
 36.6   current ANSI standards within 12 months of the date of the 
 36.7   application; 
 36.8      (7) submit evidence of continuing education credits, if 
 36.9   required; and 
 36.10     (8) submit all fees as required under section 153A.17. 
 36.11     Subd. 2.  [ISSUANCE OF CERTIFICATE.] The commissioner shall 
 36.12  issue a certificate to each dispenser of hearing instruments who 
 36.13  applies under subdivision 1 if the commissioner determines that 
 36.14  the applicant is in compliance with this chapter, has passed an 
 36.15  examination administered by the commissioner, has met the 
 36.16  continuing education requirements, if required, and has paid the 
 36.17  fee set by the commissioner.  ~~A certificate must be renewed by~~ 
 36.18  ~~November 1 of each year.~~  The commissioner may reject or deny an 
 36.19  application for a certificate if there is evidence of a 
 36.20  violation or failure to comply with this chapter. 
 36.21     Subd. 2a.  [EXEMPTION FROM EXAMINATION 
 36.22  REQUIREMENT.] Persons completing the audiology registration 
 36.23  requirements of Minnesota Rules, part 4750.0060, after January 
 36.24  1, 1996, are exempt from the examination requirements of 
 36.25  subdivision 2.  Minnesota registration or American 
 36.26  Speech-Language-Hearing Association certification as an 
 36.27  audiologist are not required but may be submitted as evidence 
 36.28  qualifying for exemption from the examination if the 
 36.29  requirements are completed after January 1, 1996. 
 36.30     Subd. 2b.  [ACTION ON APPLICATIONS FOR CERTIFICATION.] The 
 36.31  commissioner shall act on an application for certification 
 36.32  according to paragraphs (a) to (c). 
 36.33     (a) The commissioner shall determine if the applicant meets 
 36.34  the requirements for certification.  The commissioner or 
 36.35  advisory council may investigate information provided by an 
 36.36  applicant to determine whether the information is accurate and 
 37.1   complete. 
 37.2      (b) The commissioner shall notify each applicant of action 
 37.3   taken on the application and of the grounds for denying 
 37.4   certification if certification is denied. 
 37.5      (c) Applicants denied certification for failure to meet the 
 37.6   requirements may make a written request to the commissioner 
 37.7   within 30 days of the commissioner's determination to appear 
 37.8   before the advisory council and for the advisory council to 
 37.9   review the commissioner's decision to deny the applicant's 
 37.10  certification.  After reviewing the denial, the advisory council 
 37.11  shall make a recommendation to the commissioner as to whether 
 37.12  the denial should be affirmed. 
 37.13     Subd. 2c.  [REAPPLICATION FOLLOWING DENIAL, REJECTION, 
 37.14  REVOCATION, OR SUSPENSION OF CERTIFICATION.] After two years, 
 37.15  upon application and evidence that the disqualifying behavior 
 37.16  has ceased, the commissioner may restore or approve 
 37.17  certification previously denied, rejected, revoked, or 
 37.18  suspended, provided that the applicant has met all conditions 
 37.19  and terms of any orders to which the applicant is a subject. 
 37.20     Subd. 2d.  [CERTIFICATION RENEWAL NOTICE.] Certification 
 37.21  must be renewed annually.  At least 30 days before the deadline 
 37.22  for application to renew certification, the commissioner shall 
 37.23  mail a renewal notice to the dispenser's last known address.  
 37.24  The notice must include a renewal application and notice of fees 
 37.25  required for renewal.  A dispenser is not relieved from meeting 
 37.26  the applicable deadline for renewal on the basis that the 
 37.27  dispenser did not receive the renewal notice.  In renewing a 
 37.28  certificate, a dispenser shall follow the procedures for 
 37.29  applying for a certificate specified in section 153A.14, 
 37.30  subdivision 1. 
 37.31     Subd. 2e.  [RENEWAL REQUIREMENTS.] A certificate must be 
 37.32  renewed effective November 1 of each year.  To renew a 
 37.33  certificate, an applicant must: 
 37.34     (1) annually complete a renewal application on a form 
 37.35  provided by the commissioner and submit the annual renewal fee 
 37.36  by the deadline; 
 38.1      (2) submit certification to the commissioner that the 
 38.2   applicant's audiometric equipment has been calibrated to meet 
 38.3   current ANSI standards within 12 months of the date of the 
 38.4   application, if the applicant tests hearing; 
 38.5      (3) submit evidence of completion of continuing education 
 38.6   requirements, if required; and 
 38.7      (4) submit additional information if requested by the 
 38.8   commissioner to clarify information presented in the renewal 
 38.9   application.  The information must be submitted within 30 days 
 38.10  of the commissioner's request. 
 38.11     Subd. 2f.  [LATE RENEWALS.] The deadline for application to 
 38.12  renew certification is October 1 of each year.  An application 
 38.13  submitted after October 1 and before November 1 shall be a late 
 38.14  renewal and must be accompanied by a late fee as required in 
 38.15  section 153A.17. 
 38.16     Subd. 2g.  [LAPSE IN CERTIFICATION.] Certification shall 
 38.17  lapse if not renewed before November 1 of each year.  An 
 38.18  applicant whose certification has lapsed less than two years 
 38.19  must meet all the requirements of this chapter except the 
 38.20  certification by examination requirements of subdivision 2h.  
 38.21  The application fees to renew certification following a lapse of 
 38.22  less than two years must include the late fee.  An applicant 
 38.23  whose certification has lapsed for two years or more must meet 
 38.24  all the requirements of this chapter except the continuing 
 38.25  education requirement of subdivision 2i.  Certification 
 38.26  application fees of applicants whose certification has lapsed 
 38.27  for any amount of time shall not be prorated over the time 
 38.28  remaining in the annual certification period. 
 38.29     Subd. 2h.  [CERTIFICATION BY EXAMINATION.] An applicant 
 38.30  must achieve a passing score, as determined by the commissioner, 
 38.31  on an examination according to paragraphs (a) and (b). 
 38.32     (a) The examination must include, but is not limited to: 
 38.33     (1) A written examination approved by the commissioner 
 38.34  covering the following areas as they pertain to hearing 
 38.35  instrument selling: 
 38.36     (i) basic physics of sound; 
 39.1      (ii) the anatomy and physiology of the ear; 
 39.2      (iii) the function of hearing instruments; 
 39.3      (iv) the principles of hearing instrument selection; and 
 39.4      (v) state and federal laws, rules, and regulations. 
 39.5      (2) Practical tests of proficiency in the following 
 39.6   techniques as they pertain to hearing instrument selling: 
 39.7      (i) pure tone audiometry, including air conduction testing 
 39.8   and bone conduction testing; 
 39.9      (ii) live voice or recorded voice speech audiometry 
 39.10  including speech recognition (discrimination) testing, most 
 39.11  comfortable loudness level, and uncomfortable loudness 
 39.12  measurements of tolerance thresholds; 
 39.13     (iii) masking when indicated; 
 39.14     (iv) recording and evaluation of audiograms and speech 
 39.15  audiometry to determine proper selection and fitting of a 
 39.16  hearing instrument; 
 39.17     (v) taking ear mold impressions; and 
 39.18     (vi) using an otoscope for the visual observation of the 
 39.19  entire ear canal. 
 39.20     (b) The examination shall be administered by the 
 39.21  commissioner at least twice a year. 
 39.22     Subd. 2i.  [CONTINUING EDUCATION REQUIREMENT.] On forms 
 39.23  provided by the commissioner, each certified dispenser must 
 39.24  submit with the application for renewal of certification 
 39.25  evidence of completion of ten course hours of continuing 
 39.26  education earned within the 12-month period of July 1 to June 30 
 39.27  immediately preceding renewal.  Continuing education courses 
 39.28  must be directly related to hearing instrument dispensing and 
 39.29  approved by the International Hearing Society or qualify for 
 39.30  continuing education approved for Minnesota registered 
 39.31  audiologists.  Evidence of completion of the ten course hours of 
 39.32  continuing education must be submitted with renewal applications 
 39.33  by October 1 of each year.  This requirement does not apply to 
 39.34  dispensers certified for less than one year.  The first report 
 39.35  of evidence of completion of the continuing education credits 
 39.36  shall be due October 1, 1997.  
 40.1      Subd. 2j.  [REQUIRED USE OF CERTIFICATION NUMBER.] The 
 40.2   certification holder must use the certification number on all 
 40.3   contracts, bills of sale, and receipts used in the sale of 
 40.4   hearing instruments. 
 40.5      Subd. 3.  [NONTRANSFERABILITY OF CERTIFICATE.] A 
 40.6   certificate may not be transferred.  
 40.7      Subd. 4.  [DISPENSING OF HEARING INSTRUMENTS WITHOUT 
 40.8   CERTIFICATE.] Except as provided in subdivision 4a, it is 
 40.9   unlawful for any person not holding a valid certificate to 
 40.10  dispense a hearing instrument as defined in section 153A.13, 
 40.11  subdivision 3.  A person who dispenses a hearing instrument 
 40.12  without the certificate required by this section is guilty of a 
 40.13  gross misdemeanor.  ~~For purposes of this chapter, a person is~~ 
 40.14  ~~dispensing a hearing instrument if the person does, or offers to~~ 
 40.15  ~~do, any of the activities described in section 153A.13,~~ 
 40.16  ~~subdivision 4, or if the person advertises, holds out to the~~ 
 40.17  ~~public, or otherwise represents that the person is authorized to~~ 
 40.18  ~~dispense hearing instruments.~~ 
 40.19     Subd. 4a.  [TRAINEES.] (a) A person who is not certified 
 40.20  under this section may dispense hearing instruments as a trainee 
 40.21  for a period not to exceed ~~nine~~ 12 months if the person: 
 40.22     (1) submits an application on forms provided by the 
 40.23  commissioner; 
 40.24     (2) is ~~employed by and~~ under the supervision ~~or sponsorship~~ 
 40.25  of a certified dispenser meeting the requirements of this 
 40.26  subdivision; and 
 40.27     ~~(2)~~ (3) meets all requirements for certification except 
 40.28  ~~completion of the person's training and~~ passage of the 
 40.29  examination required by this section. 
 40.30     (b) A certified hearing instrument dispenser may not 
 40.31  ~~employ, sponsor, and~~ supervise more than two trainees at the 
 40.32  same time.  The certified dispenser is responsible for all 
 40.33  actions or omissions of a trainee in connection with the 
 40.34  dispensing of hearing instruments.  A certified dispenser may 
 40.35  not ~~employ, sponsor, or~~ supervise a trainee if there are any 
 40.36  commissioner, court, or other orders, currently in effect or 
 41.1   issued within the last five years, that were issued with respect 
 41.2   to an action or omission of a certified dispenser or a trainee 
 41.3   under the certified dispenser's supervision. 
 41.4      Trainees must be supervised in all areas described in 
 41.5   section 153A.14, subdivision 4b, and the activities tested by 
 41.6   the examination.  Two hundred hours of on-site observations must 
 41.7   be completed within the trainee period with a minimum of 100 
 41.8   hours involving the supervisor, trainee, and a consumer.  In 
 41.9   addition, the trainee must complete two monitored activities a 
 41.10  week.  Monitored activities may be executed by correspondence, 
 41.11  telephone, or other telephonic devices, and include, but are not 
 41.12  limited to, evaluation of audiograms, written reports, and 
 41.13  contracts.  The time spent in supervision must be recorded and 
 41.14  the record retained by the supervisor. 
 41.15     Subd. 4b.  [HEARING TESTING PROTOCOL.] (a) A dispenser when 
 41.16  conducting a hearing test for the purpose of hearing instrument 
 41.17  dispensing must: 
 41.18     (1) comply with the United States Food and Drug 
 41.19  Administration warning regarding potential medical conditions 
 41.20  required by Code of Federal Regulations, title 21, section 
 41.21  801.420; 
 41.22     (2) complete a case history of the client's hearing; 
 41.23     (3) inspect the client's ears with an otoscope; and 
 41.24     (4) conduct the following tests on both ears of the client 
 41.25  and document the results, and if for any reason one of the 
 41.26  following tests cannot be performed pursuant to the United 
 41.27  States Food and Drug Administration guidelines, an audiologist 
 41.28  shall evaluate the hearing and the need for a hearing instrument:
 41.29     (i) air conduction at 250, 500, 1,000, 2,000, 4,000, and 
 41.30  8,000 Hertz.  When a difference of 20 dB or more occurs between 
 41.31  adjacent octave frequencies the interoctave frequency must be 
 41.32  tested; 
 41.33     (ii) bone conduction at 500, 1,000, 2,000, and 4,000 Hertz 
 41.34  for any frequency where the air conduction threshold is greater 
 41.35  than 15 dB HL; 
 41.36     (iii) monaural word recognition (discrimination), with a 
 42.1   minimum of 25 words presented for each ear; and 
 42.2      (iv) loudness discomfort level, monaural, forsetting a 
 42.3   hearing instrument's maxium power output; and 
 42.4      (5) include masking in all tests whenever necessary to 
 42.5   ensure accurate results. 
 42.6      Subd. 5.  [RULEMAKING AUTHORITY.] The commissioner shall 
 42.7   adopt rules under chapter 14 to implement this chapter.  The 
 42.8   rules ~~must prescribe the form and content of the examination~~ 
 42.9   ~~required by this section and must establish and prescribe the~~ 
 42.10  ~~duties of a hearing instrument dispenser advisory council.  The~~ 
 42.11  ~~commissioner may adopt rules requiring continuing education of~~ 
 42.12  ~~certified hearing instrument dispensers.~~ may include procedures 
 42.13  and standards relating to the certification requirement, the 
 42.14  scope of authorized practice, fees, supervision required, 
 42.15  continuing education, career progression, disciplinary matters, 
 42.16  and examination procedures. 
 42.17     Subd. 6.  [HEARING INSTRUMENTS TO COMPLY WITH FEDERAL AND 
 42.18  STATE REQUIREMENTS.] The commissioner shall ensure that hearing 
 42.19  instruments are dispensed in compliance with state requirements 
 42.20  and the requirements of the United States Food and Drug 
 42.21  Administration.  Failure to comply with state or federal 
 42.22  regulations may be grounds for enforcement actions under section 
 42.23  153A.15, subdivision 2. 
 42.24     Subd. 7.  [CONTESTED CASES.] The commissioner shall comply 
 42.25  with the contested case procedures in chapter 14 when 
 42.26  suspending, revoking, or refusing to issue a certificate under 
 42.27  this section. 
 42.28     Subd. 8.  [CONTENT OF CONTRACTS.] Oral statements made by a 
 42.29  hearing instrument dispenser regarding the provision of 
 42.30  warranties, refunds, and service on the hearing instrument or 
 42.31  instruments dispensed must be written on, and become part of, 
 42.32  the contract of sale, specify the item or items covered, and 
 42.33  indicate the person or business entity obligated to provide the 
 42.34  warranty, refund, or service. 
 42.35     Subd. 9.  [CONSUMER RIGHTS INFORMATION.] A hearing 
 42.36  instrument dispenser shall, at the time of the recommendation or 
 43.1   prescription, give a consumer rights brochure, prepared by the 
 43.2   commissioner and containing information about legal requirements 
 43.3   pertaining to sales of hearing instruments, to each potential 
 43.4   buyer of a hearing instrument.  A sales contract for a hearing 
 43.5   instrument must note the receipt of the brochure by the buyer. 
 43.6      Subd. 10.  [LIABILITY FOR CONTRACTS.] Owners of entities in 
 43.7   the business of dispensing hearing instruments, employers of 
 43.8   persons who dispense hearing instruments, and ~~sponsors and~~ 
 43.9   supervisors of trainees are liable for satisfying all terms of 
 43.10  contracts, written or oral, made by their agents, employees, 
 43.11  assignees, affiliates, or trainees, including terms relating to 
 43.12  products, repairs, warranties, service, and refunds.  The 
 43.13  commissioner may enforce the terms of hearing instrument sales 
 43.14  contracts against the principal, employer, ~~sponsor,~~ or 
 43.15  supervisor of an agent, employee, or trainee and may impose any 
 43.16  remedy provided for in this chapter. 
 43.17     Subd. 11.  [REQUIREMENT TO MAINTAIN CURRENT INFORMATION.] A 
 43.18  dispenser must notify the commissioner in writing within 30 days 
 43.19  of the occurrence of any of the following: 
 43.20     (1) a change of address, home, or business telephone 
 43.21  number, or business name; 
 43.22     (2) the occurrence of conduct prohibited by section 
 43.23  153A.15; 
 43.24     (3) a settlement, conciliation court judgment, or award 
 43.25  based on negligence, intentional acts, or contractual violations 
 43.26  committed in the dispensing of hearing instruments by the 
 43.27  dispenser; and 
 43.28     (4) the cessation of hearing instrument dispensing 
 43.29  activities as an individual or a business. 
 43.30     Sec. 26.  Minnesota Statutes 1994, section 153A.15, 
 43.31  subdivision 1, is amended to read: 
 43.32     Subdivision 1.  [PROHIBITED ACTS.] The commissioner may 
 43.33  reject an application for a certificate or may act under 
 43.34  subdivision 2 against a dispenser of hearing instruments for 
 43.35  failure to comply with this chapter.  Failure to apply to the 
 43.36  commissioner for a certificate, or supplying false or misleading 
 44.1   information on the application for a certificate, is a ground 
 44.2   for action under subdivision 2.  The following acts and conduct 
 44.3   are also grounds for action under subdivision 2: 
 44.4      (1) prescribing or otherwise recommending to a consumer or 
 44.5   potential consumer the use of a hearing instrument, unless the 
 44.6   prescription from a physician or recommendation from a hearing 
 44.7   instrument dispenser or audiologist is in writing, is based on 
 44.8   an audiogram, is delivered to the consumer or potential 
 44.9   consumer, on the same day the hearing evaluation is performed, 
 44.10  and bears the following information in all capital letters of 
 44.11  12-point or larger bold-face type:  "THIS PRESCRIPTION OR 
 44.12  RECOMMENDATION MAY BE FILLED BY, AND HEARING INSTRUMENTS MAY BE 
 44.13  PURCHASED FROM, THE CERTIFIED DISPENSER~~, AUDIOLOGIST, OR~~ 
 44.14  ~~PHYSICIAN~~ OF YOUR CHOICE" ~~and unless the prescription or written~~ 
 44.15  ~~recommendation includes, upon the authorization of the consumer~~ 
 44.16  ~~or potential consumer, the audiogram upon which the prescription~~ 
 44.17  ~~or recommendation is based if there has been a charge for the~~ 
 44.18  ~~audiogram~~; 
 44.19     (2) ~~representing through any advertising or communication~~ 
 44.20  ~~to a consumer or potential consumer that a person's~~ 
 44.21  ~~certification to dispense hearing instruments indicates state~~ 
 44.22  ~~approval or endorsement~~ failing to give a copy of the audiogram, 
 44.23  upon which the prescription or recommendation is based, to the 
 44.24  consumer when there has been a charge for the audiogram and the 
 44.25  consumer requests a copy; 
 44.26     (3) failing to provide the consumer rights brochure 
 44.27  required by section 153A.14, subdivision 9; 
 44.28     (4) being disciplined through a revocation, suspension, 
 44.29  restriction, or limitation by another state for conduct subject 
 44.30  to action under this chapter; 
 44.31     ~~(4)~~ (5) presenting advertising that is false or misleading; 
 44.32     ~~(5)~~ (6) providing the commissioner with false or misleading 
 44.33  statements of credentials, training, or experience; 
 44.34     ~~(6)~~ (7) engaging in conduct likely to deceive, defraud, or 
 44.35  harm the public; or demonstrating a willful or careless 
 44.36  disregard for the health, welfare, or safety of a consumer; 
 45.1      ~~(7)~~ (8) splitting fees or promising to pay a portion of a 
 45.2   fee to any other professional other than a fee for services 
 45.3   rendered by the other professional to the client; 
 45.4      ~~(8)~~ (9) engaging in abusive or fraudulent billing 
 45.5   practices, including violations of federal Medicare and Medicaid 
 45.6   laws, Food and Drug Administration regulations, or state medical 
 45.7   assistance laws; 
 45.8      ~~(9)~~ (10) obtaining money, property, or services from a 
 45.9   consumer through the use of undue influence, high pressure sales 
 45.10  tactics, harassment, duress, deception, or fraud; 
 45.11     ~~(10)~~ (11) failing to comply with restrictions on sales of 
 45.12  hearing aids in ~~section~~ sections 153A.14, subdivision 9, and 
 45.13  153A.19; 
 45.14     ~~(11)~~ (12) performing the services of a certified hearing 
 45.15  instrument dispenser in an incompetent or negligent manner; ~~or~~ 
 45.16     ~~(12)~~ (13) failing to comply with the requirements of this 
 45.17  chapter as an employer, supervisor, ~~sponsor,~~ or trainee~~.~~; 
 45.18     (14) failing to provide information in a timely manner in 
 45.19  response to a request by the commissioner, commissioner's 
 45.20  designee, or the advisory council; 
 45.21     (15) being convicted within the past five years of 
 45.22  violating any laws of the United States, or any state or 
 45.23  territory of the United States, and the violation is a felony, 
 45.24  gross misdemeanor, or misdemeanor, an essential element of which 
 45.25  relates to hearing instrument dispensing, except as provided in 
 45.26  chapter 364; 
 45.27     (16) failing to cooperate in good faith with the 
 45.28  commissioner, the commissioner's designee, or the advisory 
 45.29  council in any investigation; 
 45.30     (17) failing to perform hearing instrument dispensing with 
 45.31  reasonable judgment, skill, or safety due to the use of alcohol 
 45.32  or drugs, or other physical or mental impairment; 
 45.33     (18) failing to fully disclose actions taken against the 
 45.34  applicant or the applicant's legal authorization to dispense 
 45.35  hearing instruments in this or another state; 
 45.36     (19) violating a state or federal court order or judgment, 
 46.1   including a conciliation court judgment, relating to the 
 46.2   activities of the applicant in hearing instrument dispensing; 
 46.3      (20) having been or being disciplined by the commissioner 
 46.4   of the department of health, or other authority, in this or 
 46.5   another jurisdiction, if any of the grounds for the discipline 
 46.6   are the same or substantially equivalent to those in sections 
 46.7   153A.13 to 153A.19; 
 46.8      (21) misrepresenting the purpose of hearing tests, or in 
 46.9   any way communicating that the hearing test or hearing test 
 46.10  protocol required by section 153A.14, subdivision 4b, is a 
 46.11  medical evaluation, a diagnostic hearing evaluation conducted by 
 46.12  an audiologist, or is other than a test to select a hearing 
 46.13  instrument, except that the hearing instrument dispenser can 
 46.14  determine the need for or recommend the consumer obtain a 
 46.15  medical evaluation consistent with requirements of the United 
 46.16  States Food and Drug Administration; 
 46.17     (22) violating any of the provisions of sections 153A.13 to 
 46.18  153A.19; and 
 46.19     (23) aiding or abetting another person in violating any of 
 46.20  the provisions of sections 153A.13 to 153A.19. 
 46.21     Sec. 27.  Minnesota Statutes 1994, section 153A.15, 
 46.22  subdivision 2, is amended to read: 
 46.23     Subd. 2.  [ENFORCEMENT ACTIONS.] When the commissioner 
 46.24  finds that a dispenser of hearing instruments has violated one 
 46.25  or more provisions of this chapter, the commissioner may do one 
 46.26  or more of the following: 
 46.27     (1) deny or reject the application for a certificate; 
 46.28     (2) revoke the certificate; 
 46.29     (3) suspend the certificate; 
 46.30     (4) impose, for each violation, a civil penalty that 
 46.31  deprives the dispenser of any economic advantage gained by the 
 46.32  violation and that reimburses the department of health for costs 
 46.33  of the investigation and proceeding resulting in disciplinary 
 46.34  action, including the amount paid for services of the office of 
 46.35  administrative hearings, the amount paid for services of the 
 46.36  office of the attorney general, attorney fees, court reporters, 
 47.1   witnesses, reproduction of records, advisory council members' 
 47.2   per diem compensation, department staff time, and expenses 
 47.3   incurred by advisory council members and department staff; 
 47.4      (5) censure or reprimand the dispenser; 
 47.5      (6) revoke or suspend the right to ~~sponsor~~ supervise 
 47.6   trainees; 
 47.7      (7) revoke or suspend the right to be a trainee; 
 47.8      (8) impose a civil penalty not to exceed $10,000 for each 
 47.9   separate violation; or 
 47.10     ~~(8)~~ (9) any other action reasonably justified by the 
 47.11  individual case. 
 47.12     Sec. 28.  Minnesota Statutes 1994, section 153A.17, is 
 47.13  amended to read: 
 47.14     153A.17 [EXPENSES; FEES.] 
 47.15     The expenses for administering the certification 
 47.16  requirements including the complaint handling system for hearing 
 47.17  aid dispensers in sections 153A.14 and 153A.15 and the consumer 
 47.18  information center under section 153A.18 must be paid from 
 47.19  initial application and examination fees, renewal fees, 
 47.20  penalties, and fines.  All fees are nonrefundable.  The 
 47.21  certificate application fee is $280, the examination fee is 
 47.22  $200, and the trainee application fee is $100, except that the 
 47.23  certification application fee for a registered audiologist is 
 47.24  $280 minus the audiologist registration fee of $101.  In 
 47.25  addition, both certification and examination fees are subject to 
 47.26  a surcharge of $60 to recover, over a five-year period, the 
 47.27  commissioner's accumulated direct expenditures for administering 
 47.28  the requirements of this chapter, but not registration of 
 47.29  hearing instrument dispensers under section 214.13, before 
 47.30  November 1, 1994.  The penalty fee for late submission of a 
 47.31  renewal application is $70.  All fees, penalties, and fines 
 47.32  received must be deposited in the state government special 
 47.33  revenue fund.  The commissioner may prorate the certification 
 47.34  fee for new applicants based on the number of quarters remaining 
 47.35  in the annual certification period. 
 47.36     Sec. 29.  Minnesota Statutes 1994, section 153A.18, is 
 48.1   amended to read: 
 48.2      153A.18 [CONSUMER INFORMATION CENTER.] 
 48.3      The commissioner shall establish a consumer information 
 48.4   center to assist actual and potential purchasers of hearing aids 
 48.5   by providing them with information regarding hearing instrument 
 48.6   sales.  The consumer information center shall disseminate 
 48.7   information about consumers' legal rights related to hearing 
 48.8   instrument sales, provide information relating to complaints 
 48.9   about ~~sellers~~ dispensers of hearing instruments, and provide 
 48.10  information about outreach and advocacy services for consumers 
 48.11  of hearing instruments.  In establishing the center and 
 48.12  developing the information, the commissioner shall consult with 
 48.13  representatives of hearing instrument ~~sellers~~ dispensers, 
 48.14  audiologists, physicians, and consumers. 
 48.15     Sec. 30.  Minnesota Statutes 1994, section 153A.19, is 
 48.16  amended to read: 
 48.17     153A.19 [HEARING AIDS; RESTRICTIONS ON SALES.] 
 48.18     ~~Subdivision 1.  [DEFINITION.] "Hearing aid" means any~~ 
 48.19  ~~instrument or device designed for or represented as aiding~~ 
 48.20  ~~defective human hearing, and any parts, attachments, or~~ 
 48.21  ~~accessories of the instrument or device, including but not~~ 
 48.22  ~~limited to ear molds.  Batteries and cords shall not be~~ 
 48.23  ~~considered parts, attachments, or accessories of a hearing aid.~~  
 48.24     Subd. 2.  [30-DAY GUARANTEE AND BUYER RIGHT TO CANCEL.] No 
 48.25  person shall sell a hearing aid in this state unless: 
 48.26     (a) The ~~seller~~ dispenser provides the buyer with a 30-day 
 48.27  written money-back guarantee.  The guarantee must permit the 
 48.28  buyer to cancel the purchase for any reason within 30 days after 
 48.29  receiving the hearing aid by giving or mailing written notice of 
 48.30  cancellation to the ~~seller~~ dispenser.  If the hearing aid must 
 48.31  be repaired, remade, or adjusted during the 30-day money-back 
 48.32  guarantee period, the running of the 30-day period is suspended 
 48.33  one day for each 24-hour period that the hearing aid is not in 
 48.34  the buyer's possession.  A repaired, remade, or adjusted hearing 
 48.35  aid must be claimed by the buyer within three working days after 
 48.36  notification of availability, after which time the running of 
 49.1   the 30-day period resumes.  The guarantee must entitle the 
 49.2   buyer, upon cancellation, to receive a full refund of payment 
 49.3   within 30 days of return of the hearing aid to the ~~seller~~ 
 49.4   dispenser.  The ~~seller~~ dispenser may retain as a cancellation 
 49.5   fee ten percent of the buyer's total purchase price of the 
 49.6   hearing aid.  
 49.7      (b) The ~~seller~~ dispenser shall provide the buyer with a 
 49.8   contract written in plain English, that contains uniform 
 49.9   language and provisions that meet the requirements ~~and are~~ 
 49.10  ~~certified by the attorney general~~ under the Plain Language 
 49.11  Contract Act, sections 325G.29 to 325G.36.  The contract must 
 49.12  include, but is not limited to, the following:  in immediate 
 49.13  proximity to the space reserved for the signature of the buyer, 
 49.14  or on the first page if there is no space reserved for the 
 49.15  signature of the buyer, a clear and conspicuous disclosure of 
 49.16  the following specific statement in all capital letters of no 
 49.17  less than 12-point boldface type:  MINNESOTA STATE LAW GIVES THE 
 49.18  BUYER THE RIGHT TO CANCEL THIS PURCHASE FOR ANY REASON AT ANY 
 49.19  TIME PRIOR TO MIDNIGHT OF THE 30TH CALENDAR DAY AFTER RECEIPT OF 
 49.20  THE HEARING AID(S).  THIS CANCELLATION MUST BE IN WRITING AND 
 49.21  MUST BE GIVEN OR MAILED TO THE SELLER.  IF THE BUYER DECIDES TO 
 49.22  RETURN THE HEARING AID(S) WITHIN THIS 30-DAY PERIOD, THE BUYER 
 49.23  WILL RECEIVE A REFUND OF $.......  (State the dollar amount of 
 49.24  refund.) 
 49.25     Subd. 3.  [ITEMIZED REPAIR BILL.] ~~(a)~~ Any person or company 
 49.26  who agrees to repair a hearing aid must provide the owner of the 
 49.27  hearing aid, or the owner's representative, with a bill 
 49.28  that ~~specifically itemizes all parts and labor charges for~~ 
 49.29  describes the repair and services rendered.  The bill must also 
 49.30  include the repairing person's or company's name, address, and 
 49.31  phone number. 
 49.32     ~~(b)~~ This subdivision does not apply to~~:~~ 
 49.33     ~~(1)~~ a person or company that repairs a hearing aid pursuant 
 49.34  to an express warranty covering the entire hearing aid and the 
 49.35  warranty covers the entire costs, both parts and labor, of the 
 49.36  repair~~; and~~. 
 50.1      ~~(2) a person or company that repairs a hearing aid and the~~ 
 50.2   ~~entire hearing aid, after being repaired, is expressly warranted~~ 
 50.3   ~~for a period of at least six months, the warranty covers the~~ 
 50.4   ~~entire costs, both parts and labor, of the repair, and a copy of~~ 
 50.5   ~~the express warranty is given to the owner or the owner's~~ 
 50.6   ~~representative.  The owner of the hearing aid or the owner's~~ 
 50.7   ~~representative must be given a written express warranty that~~ 
 50.8   ~~includes the name, address, and phone number of the repairing~~ 
 50.9   ~~person or company; the make, model, and serial number of the~~ 
 50.10  ~~hearing aid repaired; the exact date of the last day of the~~ 
 50.11  ~~warranty period; and the terms of the warranty.~~  
 50.12     Subd. 4.  [REPAIR WARRANTY.] Any guarantee of hearing aid 
 50.13  repairs must be in writing and delivered to the owner of the 
 50.14  hearing aid, or the owner's representative, stating the 
 50.15  ~~repairer's~~ repairing person's or company's name, address, 
 50.16  telephone number, length of guarantee, model, and serial number 
 50.17  of the hearing aid and all other terms and conditions of the 
 50.18  guarantee. 
 50.19     Subd. 5.  [MISDEMEANOR.] Any person who is found to have 
 50.20  violated this section is guilty of a misdemeanor.  
 50.21     Subd. 6.  [ADDITIONAL.] In addition to the penalties 
 50.22  provided in subdivision 5, any person who is found to have 
 50.23  violated this section is subject to the penalties and remedies 
 50.24  provided in section 325F.69, subdivision 1.  
 50.25     Subd. 7.  [ESTIMATES.] Upon the request of the owner of a 
 50.26  hearing aid or the owner's representative for a written estimate 
 50.27  and prior to the commencement of repairs, a repairing person or 
 50.28  company shall provide the customer with a written estimate of 
 50.29  the price of repairs.  If a repairing person or company provides 
 50.30  a written estimate of the price of repairs, it shall not charge 
 50.31  more than the total price stated in the estimate for the 
 50.32  repairs.  If the repairing person or company after commencing 
 50.33  repairs determines that additional work is necessary to 
 50.34  accomplish repairs that are the subject of a written estimate 
 50.35  and if the repairing person or company did not unreasonably fail 
 50.36  to disclose the possible need for the additional work when the 
 51.1   estimate was made, the repairing person or company may charge 
 51.2   more than the estimate for the repairs if the repairing person 
 51.3   or company immediately provides the owner or owner's 
 51.4   representative a revised written estimate pursuant to this 
 51.5   section and receives authorization to continue with the 
 51.6   repairs.  If continuation of the repairs is not authorized, the 
 51.7   repairing person or company shall return the hearing aid as 
 51.8   close as possible to its former condition and shall release the 
 51.9   hearing aid to the owner or owner's representative upon payment 
 51.10  of charges for repairs actually performed and not in excess of 
 51.11  the original estimate. 
 51.12     Sec. 31.  [153A.20] [HEARING INSTRUMENT DISPENSER ADVISORY 
 51.13  COUNCIL.] 
 51.14     Subdivision 1.  [MEMBERSHIP.] The commissioner shall 
 51.15  appoint nine persons to a hearing instrument dispenser advisory 
 51.16  council. 
 51.17     (a) The nine persons must include: 
 51.18     (1) three public members, as defined in section 214.02.  At 
 51.19  least one of the public members shall be a hearing instrument 
 51.20  user and one of the public members shall be either a hearing 
 51.21  instrument user or an advocate of one; and 
 51.22     (2) three hearing instrument dispensers certified under 
 51.23  sections 153A.14 to 153A.20, each of whom is currently, and has 
 51.24  been for the five years immediately preceding their appointment, 
 51.25  engaged in hearing instrument dispensing in Minnesota and who 
 51.26  represent the occupation of hearing instrument dispensing and 
 51.27  who are not audiologists; and 
 51.28     (3) three audiologists who are certified hearing instrument 
 51.29  dispensers, are registered as audiologists under Minnesota 
 51.30  Rules, chapter 4750, or if no rules are in effect, audiologists 
 51.31  who hold current certificates of clinical competence in 
 51.32  audiology from the American Speech-Language-Hearing Association 
 51.33  and who represent the occupation of audiology. 
 51.34     (b) The factors the commissioner may consider when 
 51.35  appointing advisory council members include, but are not limited 
 51.36  to, professional affiliation, geographical location, and type of 
 52.1   practice. 
 52.2      (c) No two members of the advisory council shall be 
 52.3   employees of, or have binding contracts requiring sales 
 52.4   exclusively for, the same hearing instrument manufacturer or the 
 52.5   same employer. 
 52.6      Subd. 2.  [ORGANIZATION.] The advisory council shall be 
 52.7   organized and administered according to section 15.059, except 
 52.8   that, notwithstanding any other law to the contrary, the 
 52.9   advisory council shall not expire.  The council may form 
 52.10  committees to carry out its duties. 
 52.11     Subd. 3.  [DUTIES.] At the commissioner's request, the 
 52.12  advisory council shall: 
 52.13     (1) advise the commissioner regarding hearing instrument 
 52.14  dispenser certification standards; 
 52.15     (2) advise the commissioner on enforcement of sections 
 52.16  153A.13 to 153A.20; 
 52.17     (3) provide for distribution of information regarding 
 52.18  hearing instrument dispenser certification standards; 
 52.19     (4) review applications and make recommendations to the 
 52.20  commissioner on granting or denying certification or 
 52.21  certification renewal; 
 52.22     (5) review reports of investigations relating to 
 52.23  individuals and make recommendations to the commissioner as to 
 52.24  whether certification should be denied or disciplinary action 
 52.25  taken against the individual; and 
 52.26     (6) perform other duties authorized for advisory councils 
 52.27  by chapter 214, or as directed by the commissioner. 
 52.28     Sec. 32.  Minnesota Statutes 1994, section 214.01, 
 52.29  subdivision 2, is amended to read: 
 52.30     Subd. 2.  [HEALTH-RELATED LICENSING BOARD.] "Health-related 
 52.31  licensing board" means the board of examiners of nursing home 
 52.32  administrators established pursuant to section 144A.19, the 
 52.33  board of medical practice created pursuant to section 147.01, 
 52.34  the board of nursing created pursuant to section 148.181, the 
 52.35  board of chiropractic examiners established pursuant to section 
 52.36  148.02, the board of optometry established pursuant to section 
 53.1   148.52, the board of psychology established pursuant to section 
 53.2   148.90, the social work licensing board pursuant to section 
 53.3   148B.19, the board of marriage and family therapy pursuant to 
 53.4   section 148B.30, the office of mental health ~~practitioner~~ 
 53.5   ~~advisory council~~ practice established pursuant to section 
 53.6   ~~148B.62~~ 148B.61, the chemical dependency counseling licensing 
 53.7   advisory council established pursuant to section 148C.02, the 
 53.8   board of dietetics and nutrition practice established under 
 53.9   section 148.622, the board of dentistry established pursuant to 
 53.10  section 150A.02, the board of pharmacy established pursuant to 
 53.11  section 151.02, the board of podiatric medicine established 
 53.12  pursuant to section 153.02, and the board of veterinary 
 53.13  medicine, established pursuant to section 156.01. 
 53.14     Sec. 33.  Minnesota Statutes 1994, section 214.10, 
 53.15  subdivision 8, is amended to read: 
 53.16     Subd. 8.  [SPECIAL REQUIREMENTS FOR HEALTH-RELATED 
 53.17  LICENSING BOARDS.] In addition to the provisions of this section 
 53.18  that apply to all examining and licensing boards, the 
 53.19  requirements in this subdivision apply to all health-related 
 53.20  licensing boards, except the board of veterinary medicine. 
 53.21     (a) If the executive director or consulted board member 
 53.22  determines that a communication received alleges a violation of 
 53.23  statute or rule that involves sexual contact with a patient or 
 53.24  client, the communication shall be forwarded to the designee of 
 53.25  the attorney general for an investigation of the facts alleged 
 53.26  in the communication.  If, after an investigation it is the 
 53.27  opinion of the executive director or consulted board member that 
 53.28  there is sufficient evidence to justify disciplinary action, the 
 53.29  board shall conduct a disciplinary conference or hearing.  If, 
 53.30  after a hearing or disciplinary conference the board determines 
 53.31  that misconduct involving sexual contact with a patient or 
 53.32  client occurred, the board shall take disciplinary action.  
 53.33  Notwithstanding subdivision 2, a board may not attempt to 
 53.34  correct improper activities or redress grievances through 
 53.35  education, conciliation, and persuasion, unless in the opinion 
 53.36  of the executive director or consulted board member there is 
 54.1   insufficient evidence to justify disciplinary action.  The board 
 54.2   may settle a case by stipulation prior to, or during, a hearing 
 54.3   if the stipulation provides for disciplinary action. 
 54.4      (b) In addition to the information required under section 
 54.5   214.07, subdivision 1, each board shall include in its reports 
 54.6   to the legislature summaries of each individual case that 
 54.7   involved possible sexual contact with a patient or client.  The 
 54.8   summary must include a description of the alleged misconduct; 
 54.9   the general results of the investigation; the nature of board 
 54.10  activities relating to that case; the disposition of the case; 
 54.11  and the reasons for board decisions concerning the disposition 
 54.12  of the case.  The information disclosed under this section must 
 54.13  not include the name or specific identifying information about 
 54.14  any person, agency, or organization. 
 54.15     (c) A board member who has a direct current or former 
 54.16  financial connection or professional relationship to a person 
 54.17  who is the subject of board disciplinary activities must not 
 54.18  participate in board activities relating to that case. 
 54.19     (d) Each health-related licensing board shall establish 
 54.20  procedures for exchanging information with other Minnesota state 
 54.21  boards, agencies, and departments responsible for ~~licensing~~ 
 54.22  regulating health-related occupations, facilities, and programs, 
 54.23  and for coordinating investigations involving matters within the 
 54.24  jurisdiction of more than one ~~licensing~~ regulatory body.  The 
 54.25  procedures must provide for the forwarding to other ~~licensing~~ 
 54.26  regulatory bodies of all information and evidence, including the 
 54.27  results of investigations, that are relevant to matters within 
 54.28  that licensing body's regulatory jurisdiction.  Each 
 54.29  health-related licensing board shall have access to any data of 
 54.30  the department of human services relating to a person subject to 
 54.31  the jurisdiction of the licensing board.  The data shall have 
 54.32  the same classification under sections 13.01 to 13.88, the 
 54.33  Minnesota government data practices act, in the hands of the 
 54.34  agency receiving the data as it had in the hands of the 
 54.35  department of human services. 
 54.36     (e) Each health-related licensing board shall establish 
 55.1   procedures for exchanging information with other states 
 55.2   regarding disciplinary actions against licensees.  The 
 55.3   procedures must provide for the collection of information from 
 55.4   other states about disciplinary actions taken against persons 
 55.5   who are licensed to practice in Minnesota or who have applied to 
 55.6   be licensed in this state and the dissemination of information 
 55.7   to other states regarding disciplinary actions taken in 
 55.8   Minnesota.  In addition to any authority in chapter 13 
 55.9   permitting the dissemination of data, the board may, in its 
 55.10  discretion, disseminate data to other states regardless of its 
 55.11  classification under chapter 13.  Before transferring any data 
 55.12  that is not public, the board shall obtain reasonable assurances 
 55.13  from the receiving state that the data will not be made public. 
 55.14     Sec. 34.  Minnesota Statutes 1994, section 214.103, 
 55.15  subdivision 1, is amended to read: 
 55.16     Subdivision 1.  [APPLICATION.] For purposes of this 
 55.17  section, "board" means "health-related licensing board" and does 
 55.18  not include the alcohol and drug counselors licensing advisory 
 55.19  council established pursuant to section 148C.02, or the 
 55.20  non-health-related licensing boards.  Nothing in this section 
 55.21  supersedes section 214.10, subdivisions 2a, 3, 8, and 9, as they 
 55.22  apply to the health-related licensing boards. 
 55.23     Sec. 35.  [REPEALER.] 
 55.24     Minnesota Statutes 1994, sections 148B.62; 148C.01, 
 55.25  subdivision 8; 148C.03, subdivisions 2 and 3; 148C.035; 148C.09, 
 55.26  subdivision 3; and 153A.19, subdivision 1, are repealed. 
 55.27     Minnesota Rules, chapters 4692; and 4745, are repealed. 
 55.28     Sec. 36.  [EFFECTIVE DATE.] 
 55.29     Sections 1 to 34 are effective the day following final 
 55.30  enactment.