1.1                          A bill for an act 
  1.2             relating to health; making certain health-related data 
  1.3             nondisclosable; extending expiration date of the 
  1.4             medical education and research advisory committee; 
  1.5             modifying classification of certain licensing data; 
  1.6             modifying maternal and child health provisions; 
  1.7             removing expiration date for advisory council on water 
  1.8             supply systems and wastewater treatment facilities; 
  1.9             modifying provisions for speech-language pathologists, 
  1.10            audiologists, unlicensed mental health practitioners, 
  1.11            alcohol and drug counselors, and hearing instrument 
  1.12            dispensers; clarifying certain crimes committed by 
  1.13            psychotherapists; establishing protocol for 
  1.14            occupational exposure to bloodborne pathogens in 
  1.15            certain settings; modifying the Minnesota Health Care 
  1.16            Administrative Simplification Act; providing criminal 
  1.17            penalties; amending Minnesota Statutes 1998, sections 
  1.18            13.41, subdivision 2; 13.99, subdivision 38, and by 
  1.19            adding a subdivision; 15.059, subdivision 5a; 62J.51, 
  1.20            by adding subdivisions; 62J.52, subdivisions 1, 2, and 
  1.21            5; 62J.60, subdivision 1; 62J.69, subdivision 2; 
  1.22            72A.20, subdivision 29; 115.741, subdivision 3; 
  1.23            144.4804, by adding a subdivision; 145.881, 
  1.24            subdivision 2; 145.882, subdivision 7, and by adding a 
  1.25            subdivision; 145.885, subdivision 2; 148.511; 148.515, 
  1.26            subdivision 3; 148.517, by adding a subdivision; 
  1.27            148B.60, subdivision 3; 148B.68, subdivision 1; 
  1.28            148B.69, by adding a subdivision; 148B.71, subdivision 
  1.29            1; 148C.01, subdivisions 2, 7, 9, 10, and by adding a 
  1.30            subdivision; 148C.03, subdivision 1; 148C.04, by 
  1.31            adding subdivisions; 148C.06, subdivision 1; 148C.09, 
  1.32            subdivisions 1 and 1a; 148C.11, subdivision 1; 
  1.33            153A.13, subdivision 9, and by adding subdivisions; 
  1.34            153A.14, subdivisions 1, 2a, 2h, 4, 4a, and by adding 
  1.35            subdivisions; 153A.15, subdivision 1; 214.18, 
  1.36            subdivision 5, and by adding a subdivision; 214.19, 
  1.37            subdivision 1; 609.344, subdivision 1; 609.345, 
  1.38            subdivision 1; and 611A.19, subdivisions 1 and 2; 
  1.39            proposing coding for new law in Minnesota Statutes, 
  1.40            chapters 13; 62J; 144; and 241; repealing Minnesota 
  1.41            Statutes 1998, sections 144.761; 144.762; 144.763; 
  1.42            144.764; 144.765; 144.766; 144.767; 144.768; 144.769; 
  1.43            144.7691; 145.882, subdivisions 3 and 4; and 148C.04, 
  1.44            subdivision 5.  
  1.45  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  2.1      Section 1.  [13.386] [CONFIDENTIALITY OF EXAMINATION 
  2.2   INFORMATION.] 
  2.3      The commissioner of health may not be required to divulge 
  2.4   any information obtained in the course of the supervision or 
  2.5   examination of health maintenance organizations as defined in 
  2.6   section 62D.02, subdivision 4, community integrated service 
  2.7   networks as defined in section 62N.02, subdivision 4a, 
  2.8   accountable provider networks as defined in section 62T.01, 
  2.9   subdivision 3, or county-based purchasing as regulated under 
  2.10  section 256B.69, including examination-related correspondence 
  2.11  and workpapers, until the examination report is finally accepted 
  2.12  and issued by the commissioner of health and then only in the 
  2.13  form of the final public report of examinations.  This section 
  2.14  does not apply to the extent the commissioner of health is 
  2.15  required or permitted by law or ordered by a court of law to 
  2.16  testify or produce evidence in a civil or criminal proceeding.  
  2.17  For purposes of this section, a subpoena is not an order of a 
  2.18  court of law. 
  2.19     Sec. 2.  Minnesota Statutes 1998, section 13.41, 
  2.20  subdivision 2, is amended to read: 
  2.21     Subd. 2.  [PRIVATE DATA; DESIGNATED ADDRESSES AND TELEPHONE 
  2.22  NUMBERS.] (a) The following data collected, created or 
  2.23  maintained by any licensing agency are classified as private, 
  2.24  pursuant to section 13.02, subdivision 12:  data, other than 
  2.25  their names and designated addresses, submitted by applicants 
  2.26  for licenses; the identity of complainants who have made reports 
  2.27  concerning licensees or applicants which appear in inactive 
  2.28  complaint data unless the complainant consents to the 
  2.29  disclosure; the nature or content of unsubstantiated complaints 
  2.30  when the information is not maintained in anticipation of legal 
  2.31  action; the identity of patients whose medical records are 
  2.32  received by any health licensing agency for purposes of review 
  2.33  or in anticipation of a contested matter; inactive investigative 
  2.34  data relating to violations of statutes or rules; and the record 
  2.35  of any disciplinary proceeding except as limited by subdivision 
  2.36  4. 
  3.1      (b) An applicant for a license shall designate on the 
  3.2   application a residence or business address and telephone number 
  3.3   at which the applicant can be contacted in connection with the 
  3.4   license application.  A licensee who is subject to a 
  3.5   health-related licensing board, as defined in section 214.01, 
  3.6   subdivision 2, shall designate a residence or business address 
  3.7   and telephone number at which the licensee can be contacted in 
  3.8   connection with the license.  Notwithstanding any other 
  3.9   provisions of this section, the residence address and residence 
  3.10  phone number of an applicant or licensee are private data on 
  3.11  individuals as defined in section 13.02, subdivision 12, if the 
  3.12  applicant or licensee so requests in writing and provides an 
  3.13  alternative address and telephone number. 
  3.14     Sec. 3.  Minnesota Statutes 1998, section 13.99, 
  3.15  subdivision 38, is amended to read: 
  3.16     Subd. 38.  [HEALTH TEST RESULTS.] Health test results 
  3.17  obtained under chapter 144 are classified under section 144.768 
  3.18  144.7611. 
  3.19     Sec. 4.  Minnesota Statutes 1998, section 13.99, is amended 
  3.20  by adding a subdivision to read: 
  3.21     Subd. 65f.  [BLOOD TEST RESULTS.] Blood test results 
  3.22  obtained under sections 241.33 to 241.342 are classified under 
  3.23  section 241.339. 
  3.24     Sec. 5.  Minnesota Statutes 1998, section 15.059, 
  3.25  subdivision 5a, is amended to read: 
  3.26     Subd. 5a.  [LATER EXPIRATION.] Notwithstanding subdivision 
  3.27  5, the advisory councils and committees listed in this 
  3.28  subdivision do not expire June 30, 1997.  These groups expire 
  3.29  June 30, 2001, unless the law creating the group or this 
  3.30  subdivision specifies an earlier expiration date. 
  3.31     Investment advisory council, created in section 11A.08; 
  3.32     Intergovernmental information systems advisory council, 
  3.33  created in section 16B.42, expires June 30, 1999; 
  3.34     Feedlot and manure management advisory committee, created 
  3.35  in section 17.136; 
  3.36     Aquaculture advisory committee, created in section 17.49; 
  4.1      Dairy producers board, created in section 17.76; 
  4.2      Pesticide applicator education and examination review 
  4.3   board, created in section 18B.305; 
  4.4      Advisory seed potato certification task force, created in 
  4.5   section 21.112; 
  4.6      Food safety advisory committee, created in section 28A.20; 
  4.7      Minnesota organic advisory task force, created in section 
  4.8   31.95; 
  4.9      Medical education and research advisory committee, created 
  4.10  in section 62J.69; 
  4.11     Public programs risk adjustment work group, created in 
  4.12  section 62Q.03, expires June 30, 1999; 
  4.13     Workers' compensation self-insurers' advisory committee, 
  4.14  created in section 79A.02; 
  4.15     Youth corps advisory committee, created in section 84.0887; 
  4.16     Iron range off-highway vehicle advisory committee, created 
  4.17  in section 85.013; 
  4.18     Mineral coordinating committee, created in section 93.002; 
  4.19     Game and fish fund citizen advisory committees, created in 
  4.20  section 97A.055; 
  4.21     Wetland heritage advisory committee, created in section 
  4.22  103G.2242; 
  4.23     Wastewater treatment technical advisory committee, created 
  4.24  in section 115.54; 
  4.25     Solid waste management advisory council, created in section 
  4.26  115A.12; 
  4.27     Nuclear waste council, created in section 116C.711; 
  4.28     Genetically engineered organism advisory committee, created 
  4.29  in section 116C.93; 
  4.30     Environment and natural resources trust fund advisory 
  4.31  committee, created in section 116P.06; 
  4.32     Child abuse prevention advisory council, created in section 
  4.33  119A.13; 
  4.34     Chemical abuse and violence prevention council, created in 
  4.35  section 119A.27; 
  4.36     Youth neighborhood services advisory board, created in 
  5.1   section 119A.29; 
  5.2      Interagency coordinating council, created in section 
  5.3   125A.28, expires June 30, 1999; 
  5.4      Desegregation/integration advisory board, created in 
  5.5   section 124D.892; 
  5.6      Nonpublic education council, created in section 123B.445; 
  5.7      Permanent school fund advisory committee, created in 
  5.8   section 127A.30; 
  5.9      Indian scholarship committee, created in section 124D.84, 
  5.10  subdivision 2; 
  5.11     American Indian education committees, created in section 
  5.12  124D.80; 
  5.13     Summer scholarship advisory committee, created in section 
  5.14  124D.95; 
  5.15     Multicultural education advisory committee, created in 
  5.16  section 124D.894; 
  5.17     Male responsibility and fathering grants review committee, 
  5.18  created in section 124D.33; 
  5.19     Library for the blind and physically handicapped advisory 
  5.20  committee, created in section 134.31; 
  5.21     Higher education advisory council, created in section 
  5.22  136A.031; 
  5.23     Student advisory council, created in section 136A.031; 
  5.24     Cancer surveillance advisory committee, created in section 
  5.25  144.672; 
  5.26     Maternal and child health task force, created in section 
  5.27  145.881; 
  5.28     State community health advisory committee, created in 
  5.29  section 145A.10; 
  5.30     Mississippi River Parkway commission, created in section 
  5.31  161.1419; 
  5.32     School bus safety advisory committee, created in section 
  5.33  169.435; 
  5.34     Advisory council on workers' compensation, created in 
  5.35  section 175.007; 
  5.36     Code enforcement advisory council, created in section 
  6.1   175.008; 
  6.2      Medical services review board, created in section 176.103; 
  6.3      Apprenticeship advisory council, created in section 178.02; 
  6.4      OSHA advisory council, created in section 182.656; 
  6.5      Health professionals services program advisory committee, 
  6.6   created in section 214.32; 
  6.7      Rehabilitation advisory council for the blind, created in 
  6.8   section 248.10; 
  6.9      American Indian advisory council, created in section 
  6.10  254A.035; 
  6.11     Alcohol and other drug abuse advisory council, created in 
  6.12  section 254A.04; 
  6.13     Medical assistance drug formulary committee, created in 
  6.14  section 256B.0625; 
  6.15     Home care advisory committee, created in section 256B.071; 
  6.16     Preadmission screening, alternative care, and home and 
  6.17  community-based services advisory committee, created in section 
  6.18  256B.0911; 
  6.19     Traumatic brain injury advisory committee, created in 
  6.20  section 256B.093; 
  6.21     Minnesota commission serving deaf and hard-of-hearing 
  6.22  people, created in section 256C.28; 
  6.23     American Indian child welfare advisory council, created in 
  6.24  section 257.3579; 
  6.25     Juvenile justice advisory committee, created in section 
  6.26  268.29; 
  6.27     Northeast Minnesota economic development fund technical 
  6.28  advisory committees, created in section 298.2213; 
  6.29     Iron range higher education committee, created in section 
  6.30  298.2214; 
  6.31     Northeast Minnesota economic protection trust fund 
  6.32  technical advisory committee, created in section 298.297; 
  6.33     Pipeline safety advisory committee, created in section 
  6.34  299J.06, expires June 30, 1998; 
  6.35     Battered women's advisory council, created in section 
  6.36  611A.34. 
  7.1      Sec. 6.  Minnesota Statutes 1998, section 62J.51, is 
  7.2   amended by adding a subdivision to read: 
  7.3      Subd. 19a.  [UNIFORM EXPLANATION OF BENEFITS 
  7.4   DOCUMENT.] "Uniform explanation of benefits document" means the 
  7.5   document associated with and explaining the details of a group 
  7.6   purchaser's claim adjudication for services rendered, which is 
  7.7   sent to a patient. 
  7.8      Sec. 7.  Minnesota Statutes 1998, section 62J.51, is 
  7.9   amended by adding a subdivision to read: 
  7.10     Subd. 19b.  [UNIFORM REMITTANCE ADVICE REPORT.] "Uniform 
  7.11  remittance advice report" means the document associated with and 
  7.12  explaining the details of a group purchaser's claim adjudication 
  7.13  for services rendered, which is sent to a provider. 
  7.14     Sec. 8.  Minnesota Statutes 1998, section 62J.52, 
  7.15  subdivision 1, is amended to read: 
  7.16     Subdivision 1.  [UNIFORM BILLING FORM HCFA 1450.] (a) On 
  7.17  and after January 1, 1996, all institutional inpatient hospital 
  7.18  services, ancillary services, and institutionally owned or 
  7.19  operated outpatient services rendered by providers in Minnesota, 
  7.20  and institutional or noninstitutional home health services that 
  7.21  are not being billed using an equivalent electronic billing 
  7.22  format, must be billed using the uniform billing form HCFA 1450, 
  7.23  except as provided in subdivision 5. 
  7.24     (b) The instructions and definitions for the use of the 
  7.25  uniform billing form HCFA 1450 shall be in accordance with the 
  7.26  uniform billing form manual specified by the commissioner.  In 
  7.27  promulgating these instructions, the commissioner may utilize 
  7.28  the manual developed by the National Uniform Billing Committee, 
  7.29  as adopted and finalized by the Minnesota uniform billing 
  7.30  committee.  
  7.31     (c) Services to be billed using the uniform billing form 
  7.32  HCFA 1450 include:  institutional inpatient hospital services 
  7.33  and distinct units in the hospital such as psychiatric unit 
  7.34  services, physical therapy unit services, swing bed (SNF)  
  7.35  services, inpatient state psychiatric hospital services, 
  7.36  inpatient skilled nursing facility services, home health 
  8.1   services (Medicare part A), and hospice services; ancillary 
  8.2   services, where benefits are exhausted or patient has no 
  8.3   Medicare part A, from hospitals, state psychiatric hospitals, 
  8.4   skilled nursing facilities, and home health (Medicare part B); 
  8.5   and institutional owned or operated outpatient services such as 
  8.6   waivered services, hospital outpatient services, including 
  8.7   ambulatory surgical center services, hospital referred 
  8.8   laboratory services, hospital-based ambulance services, and 
  8.9   other hospital outpatient services, skilled nursing facilities, 
  8.10  home health, including infusion therapy, freestanding renal 
  8.11  dialysis centers, comprehensive outpatient rehabilitation 
  8.12  facilities (CORF), outpatient rehabilitation facilities (ORF), 
  8.13  rural health clinics, and community mental health centers,; home 
  8.14  health services such as home health intravenous therapy 
  8.15  providers, waivered services, personal care attendants, and 
  8.16  hospice; and any other health care provider certified by the 
  8.17  Medicare program to use this form. 
  8.18     (d) On and after January 1, 1996, a mother and newborn 
  8.19  child must be billed separately, and must not be combined on one 
  8.20  claim form. 
  8.21     Sec. 9.  Minnesota Statutes 1998, section 62J.52, 
  8.22  subdivision 2, is amended to read: 
  8.23     Subd. 2.  [UNIFORM BILLING FORM HCFA 1500.] (a) On and 
  8.24  after January 1, 1996, all noninstitutional health care services 
  8.25  rendered by providers in Minnesota except dental or pharmacy 
  8.26  providers, that are not currently being billed using an 
  8.27  equivalent electronic billing format, must be billed using the 
  8.28  health insurance claim form HCFA 1500, except as provided in 
  8.29  subdivision 5. 
  8.30     (b) The instructions and definitions for the use of the 
  8.31  uniform billing form HCFA 1500 shall be in accordance with the 
  8.32  manual developed by the administrative uniformity committee 
  8.33  entitled standards for the use of the HCFA 1500 form, dated 
  8.34  February 1994, as further defined by the commissioner. 
  8.35     (c) Services to be billed using the uniform billing form 
  8.36  HCFA 1500 include physician services and supplies, durable 
  9.1   medical equipment, noninstitutional ambulance services, 
  9.2   independent ancillary services including occupational therapy, 
  9.3   physical therapy, speech therapy and audiology, podiatry 
  9.4   services, optometry services, mental health licensed 
  9.5   professional services, substance abuse licensed professional 
  9.6   services, nursing practitioner professional services, certified 
  9.7   registered nurse anesthetists, chiropractors, physician 
  9.8   assistants, laboratories, medical suppliers, and other health 
  9.9   care providers such as home health intravenous therapy 
  9.10  providers, personal care attendants, day activity centers, 
  9.11  waivered services, hospice, and other home health services, and 
  9.12  freestanding ambulatory surgical centers. 
  9.13     Sec. 10.  Minnesota Statutes 1998, section 62J.52, 
  9.14  subdivision 5, is amended to read: 
  9.15     Subd. 5.  [STATE AND FEDERAL HEALTH CARE PROGRAMS.] (a) 
  9.16  Skilled nursing facilities and ICF/MR services billed to state 
  9.17  and federal health care programs administered by the department 
  9.18  of human services shall use the form designated by the 
  9.19  department of human services. 
  9.20     (b) On and after July 1, 1996, state and federal health 
  9.21  care programs administered by the department of human services 
  9.22  shall accept the HCFA 1450 for community mental health center 
  9.23  services and shall accept the HCFA 1500 for freestanding 
  9.24  ambulatory surgical center services. 
  9.25     (c) State and federal health care programs administered by 
  9.26  the department of human services shall be authorized to use the 
  9.27  forms designated by the department of human services for 
  9.28  pharmacy services and for child and teen checkup services. 
  9.29     (d) State and federal health care programs administered by 
  9.30  the department of human services shall accept the form 
  9.31  designated by the department of human services, and the HCFA 
  9.32  1500 for supplies, medical supplies, or durable medical 
  9.33  equipment.  Health care providers may choose which form to 
  9.34  submit. 
  9.35     (e) Personal care attendant and waivered services billed on 
  9.36  a fee-for-service basis directly to state and federal health 
 10.1   care programs administered by the department of human services 
 10.2   shall use either the HCFA 1450 or the HCFA 1500 form, as 
 10.3   designated by the department of human services. 
 10.4      Sec. 11.  [62J.581] [STANDARDS FOR MINNESOTA UNIFORM HEALTH 
 10.5   CARE REIMBURSEMENT DOCUMENTS.] 
 10.6      Subdivision 1.  [MINNESOTA UNIFORM REMITTANCE ADVICE 
 10.7   REPORT.] All group purchasers and payers shall provide a uniform 
 10.8   remittance advice report to health care providers when a claim 
 10.9   is adjudicated.  The uniform remittance advice report shall 
 10.10  comply with the standards prescribed in this section. 
 10.11     Subd. 2.  [MINNESOTA UNIFORM EXPLANATION OF BENEFITS 
 10.12  DOCUMENT.] All group purchasers and payers shall provide a 
 10.13  uniform explanation of benefits document to health care patients 
 10.14  when a claim is adjudicated.  The uniform explanation of 
 10.15  benefits document shall comply with the standards prescribed in 
 10.16  this section. 
 10.17     Subd. 3.  [SCOPE.] For purposes of sections 62J.50 to 
 10.18  62J.61, the uniform remittance advice report and the uniform 
 10.19  explanation of benefits document format specified in subdivision 
 10.20  4 shall apply to all health care services delivered by a health 
 10.21  care provider or health care provider organization in Minnesota, 
 10.22  regardless of the location of the payer.  Health care services 
 10.23  not paid on an individual claims basis, such as capitated 
 10.24  payments, are not included in this section.  A health plan 
 10.25  company is excluded from the requirements in subdivisions 1 and 
 10.26  2 if they comply with section 62A.01, subdivisions 2 and 3. 
 10.27     Subd. 4.  [SPECIFICATIONS.] The uniform remittance advice 
 10.28  report and the uniform explanation of benefits document shall be 
 10.29  provided by use of a paper document conforming to the 
 10.30  specifications in this section or by use of the ANSI X12N 835 
 10.31  standard electronic format as established under sections 1171 to 
 10.32  1179 of Public Law Number 104-191, Statutes at Large, volume 
 10.33  110, page 1936, and as updated from time to time for the 
 10.34  remittance advice.  The commissioner, after consulting with the 
 10.35  administrative uniformity committee, shall specify the data 
 10.36  elements and definitions for the uniform remittance advice 
 11.1   report and the uniform explanation of benefits document. 
 11.2      Subd. 5.  [EFFECTIVE DATE.] The requirements in 
 11.3   subdivisions 1 and 2 are effective 12 months after standards for 
 11.4   the electronic remittance advice transaction are effective under 
 11.5   sections 1171 to 1179 of Public Law Number 104-191, Statutes at 
 11.6   Large, volume 110, page 1936, and as updated from time to time.  
 11.7   The requirements in subdivisions 1 and 2 apply regardless of 
 11.8   when the health care service was provided to the patient. 
 11.9      Sec. 12.  Minnesota Statutes 1998, section 62J.60, 
 11.10  subdivision 1, is amended to read: 
 11.11     Subdivision 1.  [MINNESOTA HEALTH CARE IDENTIFICATION 
 11.12  CARD.] All individuals with health care coverage shall be issued 
 11.13  health care identification cards by group purchasers as of 
 11.14  January 1, 1998, unless the requirements of section 62A.01, 
 11.15  subdivisions 2 and 3, are met.  The health care identification 
 11.16  cards shall comply with the standards prescribed in this section.
 11.17     Sec. 13.  Minnesota Statutes 1998, section 62J.69, 
 11.18  subdivision 2, is amended to read: 
 11.19     Subd. 2.  [ALLOCATION AND FUNDING FOR MEDICAL EDUCATION AND 
 11.20  RESEARCH.] (a) The commissioner may establish a trust fund for 
 11.21  the purposes of funding medical education and research 
 11.22  activities in the state of Minnesota. 
 11.23     (b) By January 1, 1997, the commissioner may appoint an 
 11.24  advisory committee to provide advice and oversight on the 
 11.25  distribution of funds from the medical education and research 
 11.26  trust fund.  If a committee is appointed, the commissioner 
 11.27  shall:  (1) consider the interest of all stakeholders when 
 11.28  selecting committee members; (2) select members that represent 
 11.29  both urban and rural interest; and (3) select members that 
 11.30  include ambulatory care as well as inpatient perspectives.  The 
 11.31  commissioner shall appoint to the advisory committee 
 11.32  representatives of the following groups:  medical researchers, 
 11.33  public and private academic medical centers, managed care 
 11.34  organizations, Blue Cross and Blue Shield of Minnesota, 
 11.35  commercial carriers, Minnesota Medical Association, Minnesota 
 11.36  Nurses Association, medical product manufacturers, employers, 
 12.1   and other relevant stakeholders, including consumers.  The 
 12.2   advisory committee is governed by section 15.059, for membership 
 12.3   terms and removal of members and will sunset on June 30, 1999 
 12.4   2001. 
 12.5      (c) Eligible applicants for funds are accredited medical 
 12.6   education teaching institutions, consortia, and programs 
 12.7   operating in Minnesota.  Applications must be submitted by the 
 12.8   sponsoring institution on behalf of the teaching program, and 
 12.9   must be received by September 30 of each year for distribution 
 12.10  in January of the following year.  An application for funds must 
 12.11  include the following: 
 12.12     (1) the official name and address of the sponsoring 
 12.13  institution and the official name and address of the facility or 
 12.14  programs on whose behalf the institution is applying for 
 12.15  funding; 
 12.16     (2) the name, title, and business address of those persons 
 12.17  responsible for administering the funds; 
 12.18     (3) for each accredited medical education program for which 
 12.19  funds are being sought the type and specialty orientation of 
 12.20  trainees in the program, the name, address, and medical 
 12.21  assistance provider number of each training site used in the 
 12.22  program, the total number of trainees at each site, and the 
 12.23  total number of eligible trainees at each training site; 
 12.24     (4) audited clinical training costs per trainee for each 
 12.25  medical education program where available or estimates of 
 12.26  clinical training costs based on audited financial data; 
 12.27     (5) a description of current sources of funding for medical 
 12.28  education costs including a description and dollar amount of all 
 12.29  state and federal financial support, including Medicare direct 
 12.30  and indirect payments; 
 12.31     (6) other revenue received for the purposes of clinical 
 12.32  training; and 
 12.33     (7) other supporting information the commissioner, with 
 12.34  advice from the advisory committee, determines is necessary for 
 12.35  the equitable distribution of funds. 
 12.36     (d) The commissioner shall distribute medical education 
 13.1   funds to all qualifying applicants based on the following basic 
 13.2   criteria:  (1) total medical education funds available; (2) 
 13.3   total eligible trainees in each eligible education program; and 
 13.4   (3) the statewide average cost per trainee, by type of trainee, 
 13.5   in each medical education program.  Funds distributed shall not 
 13.6   be used to displace current funding appropriations from federal 
 13.7   or state sources.  Funds shall be distributed to the sponsoring 
 13.8   institutions indicating the amount to be paid to each of the 
 13.9   sponsor's medical education programs based on the criteria in 
 13.10  this paragraph.  Sponsoring institutions which receive funds 
 13.11  from the trust fund must distribute approved funds to the 
 13.12  medical education program according to the commissioner's 
 13.13  approval letter.  Further, programs must distribute funds among 
 13.14  the sites of training as specified in the commissioner's 
 13.15  approval letter.  Any funds not distributed as directed by the 
 13.16  commissioner's approval letter shall be returned to the medical 
 13.17  education and research trust fund within 30 days of a notice 
 13.18  from the commissioner.  The commissioner shall distribute 
 13.19  returned funds to the appropriate entities in accordance with 
 13.20  the commissioner's approval letter. 
 13.21     (e) Medical education programs receiving funds from the 
 13.22  trust fund must submit a medical education and research grant 
 13.23  verification report (GVR) through the sponsoring institution 
 13.24  based on criteria established by the commissioner.  If the 
 13.25  sponsoring institution fails to submit the GVR by the stated 
 13.26  deadline, or to request and meet the deadline for an extension, 
 13.27  the sponsoring institution is required to return the full amount 
 13.28  of the medical education and research trust fund grant to the 
 13.29  medical education and research trust fund within 30 days of a 
 13.30  notice from the commissioner.  The commissioner shall distribute 
 13.31  returned funds to the appropriate entities in accordance with 
 13.32  the commissioner's approval letter.  The reports must include:  
 13.33     (1) the total number of eligible trainees in the program; 
 13.34     (2) the programs and residencies funded, the amounts of 
 13.35  trust fund payments to each program, and within each program, 
 13.36  the dollar amount distributed to each training site; and 
 14.1      (3) other information the commissioner, with advice from 
 14.2   the advisory committee, deems appropriate to evaluate the 
 14.3   effectiveness of the use of funds for clinical training.  
 14.4      The commissioner, with advice from the advisory committee, 
 14.5   will provide an annual summary report to the legislature on 
 14.6   program implementation due February 15 of each year. 
 14.7      (f) The commissioner is authorized to distribute funds made 
 14.8   available through: 
 14.9      (1) voluntary contributions by employers or other entities; 
 14.10     (2) allocations for the department of human services to 
 14.11  support medical education and research; and 
 14.12     (3) other sources as identified and deemed appropriate by 
 14.13  the legislature for inclusion in the trust fund. 
 14.14     (g) The advisory committee shall continue to study and make 
 14.15  recommendations on:  
 14.16     (1) the funding of medical research consistent with work 
 14.17  currently mandated by the legislature and under way at the 
 14.18  department of health; and 
 14.19     (2) the costs and benefits associated with medical 
 14.20  education and research. 
 14.21     Sec. 14.  Minnesota Statutes 1998, section 72A.20, 
 14.22  subdivision 29, is amended to read: 
 14.23     Subd. 29.  [HIV TESTS; CRIME VICTIMS.] No insurer regulated 
 14.24  under chapter 61A or 62B, or providing health, medical, 
 14.25  hospitalization, or accident and sickness insurance regulated 
 14.26  under chapter 62A, or nonprofit health services corporation 
 14.27  regulated under chapter 62C, health maintenance organization 
 14.28  regulated under chapter 62D, or fraternal benefit society 
 14.29  regulated under chapter 64B, may: 
 14.30     (1) obtain or use the performance of or the results of a 
 14.31  test to determine the presence of the human immunodeficiency 
 14.32  virus (HIV) antibody performed on an offender under section 
 14.33  611A.19 or performed on a crime victim who was exposed to or had 
 14.34  contact with an offender's bodily fluids during commission of a 
 14.35  crime that was reported to law enforcement officials, in order 
 14.36  to make an underwriting decision, cancel, fail to renew, or take 
 15.1   any other action with respect to a policy, plan, certificate, or 
 15.2   contract; 
 15.3      (2) obtain or use the performance of or the results of a 
 15.4   test to determine the presence of the human immunodeficiency 
 15.5   virus (HIV) antibody performed on a patient pursuant to sections 
 15.6   144.761 to 144.7691, or performed on emergency medical services 
 15.7   personnel pursuant to the protocol under section 144.762, 
 15.8   subdivision 2, an individual according to sections 144.7601 to 
 15.9   144.7615 or 241.33 to 241.342 in order to make an underwriting 
 15.10  decision, cancel, fail to renew, or take any other action with 
 15.11  respect to a policy, plan, certificate, or contract; for 
 15.12  purposes of this clause, "patient" and "emergency medical 
 15.13  services personnel" have the meanings given in section 144.761; 
 15.14  or 
 15.15     (3) ask an applicant for coverage or a person already 
 15.16  covered whether the person has:  (i) had a test performed for 
 15.17  the reason set forth in clause (1) or (2); or (ii) been the 
 15.18  victim of an assault or any other crime which involves bodily 
 15.19  contact with the offender. 
 15.20     A question that purports to require an answer that would 
 15.21  provide information regarding a test performed for the reason 
 15.22  set forth in clause (1) or (2) may be interpreted as excluding 
 15.23  this test.  An answer that does not mention the test is 
 15.24  considered to be a truthful answer for all purposes.  An 
 15.25  authorization for the release of medical records for insurance 
 15.26  purposes must specifically exclude any test performed for the 
 15.27  purpose set forth in clause (1) or (2) and must be read as 
 15.28  providing this exclusion regardless of whether the exclusion is 
 15.29  expressly stated.  This subdivision does not affect tests 
 15.30  conducted for purposes other than those described in clause (1) 
 15.31  or (2), including any test to determine the presence of the 
 15.32  human immunodeficiency virus (HIV) antibody if such test was 
 15.33  performed at the insurer's direction as part of the insurer's 
 15.34  normal underwriting requirements. 
 15.35     Sec. 15.  Minnesota Statutes 1998, section 115.741, 
 15.36  subdivision 3, is amended to read: 
 16.1      Subd. 3.  [TERMS; COMPENSATION.] The terms of the appointed 
 16.2   members and the compensation and removal of all members are 
 16.3   governed by section 15.059.  The council expires June 30, 1999. 
 16.4      Sec. 16.  Minnesota Statutes 1998, section 144.4804, is 
 16.5   amended by adding a subdivision to read: 
 16.6      Subd. 8.  [TUBERCULOSIS NOTIFICATION.] If an emergency 
 16.7   medical services person, as defined in section 144.7601, 
 16.8   subdivision 4, is exposed to a person with active tuberculosis 
 16.9   during the performance of duties, the treatment facility's 
 16.10  designated infection control coordinator shall notify the 
 16.11  emergency medical services agency's exposure control officer by 
 16.12  telephone and by written correspondence.  The facility's 
 16.13  designated infection control coordinator shall provide the 
 16.14  emergency medical services person with information about 
 16.15  screening and, if indicated, follow-up. 
 16.16     Sec. 17.  [144.7601] [DEFINITIONS.] 
 16.17     Subdivision 1.  [SCOPE OF DEFINITIONS.] For purposes of 
 16.18  sections 144.7601 to 144.7615, the following terms have the 
 16.19  meanings given them. 
 16.20     Subd. 2.  [BLOODBORNE PATHOGENS.] "Bloodborne pathogens" 
 16.21  means pathogenic microorganisms that are present in human blood 
 16.22  and can cause disease in humans.  These pathogens include, but 
 16.23  are not limited to, hepatitis B virus (HBV), hepatitis C virus 
 16.24  (HCV), and human immunodeficiency virus (HIV). 
 16.25     Subd. 3.  [EMERGENCY MEDICAL SERVICES AGENCY.] "Emergency 
 16.26  medical services agency" means an agency, entity, or 
 16.27  organization that employs or uses emergency medical services 
 16.28  persons as employees or volunteers. 
 16.29     Subd. 4.  [EMERGENCY MEDICAL SERVICES PERSON.] "Emergency 
 16.30  medical services person" means an individual who provides 
 16.31  out-of-hospital emergency medical services during the 
 16.32  performance of the person's duties, including: 
 16.33     (1) an individual employed or receiving compensation to 
 16.34  provide out-of-hospital emergency medical services such as a 
 16.35  firefighter, paramedic, emergency medical technician, licensed 
 16.36  nurse, rescue squad person, or other individual who serves as an 
 17.1   employee or volunteer of an ambulance service as defined under 
 17.2   chapter 144E or a member of an organized first responder squad 
 17.3   that is formally recognized by a political subdivision in the 
 17.4   state; 
 17.5      (2) an individual employed as a licensed peace officer 
 17.6   under section 626.84, subdivision 1; 
 17.7      (3) an individual employed as a crime laboratory worker 
 17.8   while working outside the laboratory and involved in a criminal 
 17.9   investigation; and 
 17.10     (4) any other individual who renders emergency care or 
 17.11  assistance at the scene of an emergency or while an injured 
 17.12  person is being transported to receive medical care and who is 
 17.13  acting as a good samaritan under section 604A.01. 
 17.14     Subd. 5.  [SOURCE INDIVIDUAL.] "Source individual" means 
 17.15  any individual, living or dead, whose blood, tissue, or 
 17.16  potentially infectious body fluids may be a source of bloodborne 
 17.17  pathogen exposure to an emergency medical services person.  
 17.18  Examples include, but are not limited to, a victim of an 
 17.19  accident, injury, or illness or a deceased person. 
 17.20     Subd. 6.  [SIGNIFICANT EXPOSURE.] "Significant exposure" 
 17.21  means contact, in a manner supported by the most current 
 17.22  recommendations of the United States Public Health Service at 
 17.23  the time an evaluation takes place, that includes: 
 17.24     (1) percutaneous injury, contact of mucous membrane or 
 17.25  nonintact skin, or prolonged contact of intact skin; and 
 17.26     (2) contact, in a manner that may transmit a bloodborne 
 17.27  pathogen, with blood, tissue, or potentially infectious body 
 17.28  fluids. 
 17.29     Subd. 7.  [FACILITY.] "Facility" means a hospital licensed 
 17.30  under sections 144.50 to 144.56 or a freestanding emergency 
 17.31  medical care facility licensed under Laws 1988, chapter 467, 
 17.32  that receives an emergency medical services person for 
 17.33  evaluation for significant exposure or a source individual cared 
 17.34  for by an emergency medical services person. 
 17.35     Sec. 18.  [144.7602] [CONDITIONS FOR APPLICABILITY OF 
 17.36  PROCEDURES.] 
 18.1      Subdivision 1.  [REQUEST FOR PROCEDURES.] An emergency 
 18.2   medical services person or emergency medical services agency may 
 18.3   request that a facility follow the procedures of sections 
 18.4   144.7601 to 144.7615 when an emergency medical services person 
 18.5   may have experienced a significant exposure to a source 
 18.6   individual. 
 18.7      Subd. 2.  [CONDITIONS.] A facility shall follow the 
 18.8   procedures outlined in sections 144.7601 to 144.7615 when all of 
 18.9   the following conditions are met:  
 18.10     (1) the facility determines that significant exposure has 
 18.11  occurred, following the protocol under section 144.7614; 
 18.12     (2) the licensed physician for the emergency medical 
 18.13  services person needs the source individual's bloodborne 
 18.14  pathogen test results to begin, continue, modify, or discontinue 
 18.15  treatment, in accordance with the most current guidelines of the 
 18.16  United States Public Health Service, because of possible 
 18.17  exposure to a bloodborne pathogen; and 
 18.18     (3) the emergency medical services person consents to 
 18.19  provide a blood sample for testing for a bloodborne pathogen.  
 18.20  If the emergency medical services person consents to blood 
 18.21  collection, but does not consent at that time to bloodborne 
 18.22  pathogen testing, the facility shall preserve the sample for at 
 18.23  least 90 days.  If the emergency medical services person elects 
 18.24  to have the sample tested within 90 days, the testing shall be 
 18.25  done as soon as feasible. 
 18.26     Subd. 3.  [LOCATING SOURCE INDIVIDUAL.] If the source 
 18.27  individual is not received by a facility but the facility is 
 18.28  providing treatment to the emergency medical services person, 
 18.29  the emergency medical services agency shall make reasonable 
 18.30  efforts to locate the source individual and inform the facility 
 18.31  of the source individual's identity and location.  The facility 
 18.32  shall make a reasonable effort to contact the source individual 
 18.33  in order to follow the procedures in sections 144.7601 to 
 18.34  144.7615.  The emergency services agency and facilities may 
 18.35  exchange private data about the source individual as necessary 
 18.36  to fulfill their responsibilities under this subdivision, 
 19.1   notwithstanding any provision of law to the contrary. 
 19.2      Sec. 19.  [144.7603] [INFORMATION REQUIRED TO BE GIVEN TO 
 19.3   INDIVIDUALS.] 
 19.4      Subdivision 1.  [INFORMATION TO SOURCE INDIVIDUAL.] (a) 
 19.5   Before seeking any consent required by the procedures under 
 19.6   sections 144.7601 to 144.7615, a facility shall inform the 
 19.7   source individual that the source individual's bloodborne 
 19.8   pathogen test results, without the individual's name, address, 
 19.9   or other uniquely identifying information, shall be reported to 
 19.10  the emergency medical services person if requested, and that 
 19.11  test results collected under sections 144.7601 to 144.7615 are 
 19.12  for medical purposes as set forth in section 144.7609 and may 
 19.13  not be used as evidence in any criminal proceedings.  
 19.14     (b) The facility shall inform the source individual that 
 19.15  the individual may refuse to provide a blood sample and that the 
 19.16  source individual's refusal may result in a request for a court 
 19.17  order to require the source individual to provide a blood sample.
 19.18     (c) The facility shall inform the source individual that 
 19.19  the facility will advise the emergency medical services person 
 19.20  of the confidentiality requirements and penalties before 
 19.21  disclosing any test information. 
 19.22     Subd. 2.  [INFORMATION TO EMS PERSON.] Before disclosing 
 19.23  any information about the source individual, the facility shall 
 19.24  inform the emergency medical services person of the 
 19.25  confidentiality requirements of section 144.7611 and that the 
 19.26  person may be subject to penalties for unauthorized release of 
 19.27  information about the source individual under section 144.7612. 
 19.28     Sec. 20.  [144.7604] [DISCLOSURE OF POSITIVE BLOODBORNE 
 19.29  PATHOGEN TEST RESULTS.] 
 19.30     If the conditions of sections 144.7602 and 144.7603 are 
 19.31  met, the facility shall ask the source individual and the 
 19.32  emergency medical services person if they have ever had a 
 19.33  positive test for a bloodborne pathogen.  The facility must 
 19.34  attempt to get existing test results under this section before 
 19.35  taking any steps to obtain a blood sample or to test for 
 19.36  bloodborne pathogens.  The facility shall disclose the source 
 20.1   individual's bloodborne pathogen test results to the emergency 
 20.2   medical services person without the source individual's name, 
 20.3   address, or other uniquely identifying information. 
 20.4      Sec. 21.  [144.7605] [CONSENT PROCEDURES GENERALLY.] 
 20.5      (a) For purposes of sections 144.7601 to 144.7615, whenever 
 20.6   the facility is required to seek consent, the facility shall 
 20.7   follow its usual procedure for obtaining consent from an 
 20.8   individual or an individual's representative consistent with 
 20.9   other law applicable to consent.  
 20.10     (b) Consent from a source individual's representative for 
 20.11  bloodborne pathogen testing of a blood sample obtained from the 
 20.12  source individual is not required if the facility has made 
 20.13  reasonable efforts to obtain the representative's consent and 
 20.14  consent cannot be obtained within 24 hours of a significant 
 20.15  exposure.  
 20.16     (c) If testing of the source individual's blood occurs 
 20.17  without consent because the source individual is unable to 
 20.18  provide consent or has left the facility and cannot be located, 
 20.19  and the source individual's representative cannot be located, 
 20.20  the facility shall provide the information required in section 
 20.21  144.7603 to the source individual or representative whenever it 
 20.22  is possible to do so.  
 20.23     (d) If a source individual dies before an opportunity to 
 20.24  consent to blood collection or testing under sections 144.7601 
 20.25  to 144.7615, the facility does not need consent of the deceased 
 20.26  person's representative for purposes of sections 144.7601 to 
 20.27  144.7615. 
 20.28     Sec. 22.  [144.7606] [TESTING OF AVAILABLE BLOOD.] 
 20.29     Subdivision 1.  [PROCEDURES WITH CONSENT.] If the source 
 20.30  individual is or was under the care or custody of the facility 
 20.31  and a sample of the source individual's blood is available with 
 20.32  the consent of the source individual, the facility shall test 
 20.33  that blood for bloodborne pathogens with the consent of the 
 20.34  source individual, provided the conditions in sections 144.7602 
 20.35  and 144.7603 are met. 
 20.36     Subd. 2.  [PROCEDURES WITHOUT CONSENT.] If the source 
 21.1   individual has provided a blood sample with consent but does not 
 21.2   consent to bloodborne pathogen testing, the facility shall test 
 21.3   for bloodborne pathogens if the emergency medical services 
 21.4   person or emergency medical services agency requests the test, 
 21.5   provided all of the following criteria are met: 
 21.6      (1) the emergency medical services person or emergency 
 21.7   medical services agency has documented exposure to blood or body 
 21.8   fluids during performance of that person's occupation or while 
 21.9   acting as a good samaritan under section 604A.01; 
 21.10     (2) the facility has determined that a significant exposure 
 21.11  has occurred under section 144.7614, subdivision 2, and a 
 21.12  licensed physician for the emergency medical services person has 
 21.13  documented in the emergency medical services person's medical 
 21.14  record that bloodborne pathogen test results are needed for 
 21.15  beginning, modifying, continuing, or discontinuing medical 
 21.16  treatment for the emergency medical services person as 
 21.17  recommended by the most current guidelines of the United States 
 21.18  Public Health Service; 
 21.19     (3) the emergency medical services person provides a blood 
 21.20  sample for testing for bloodborne pathogens as soon as feasible; 
 21.21     (4) the facility asks the source individual to consent to a 
 21.22  test for bloodborne pathogens and the source individual does not 
 21.23  consent; 
 21.24     (5) the facility has provided the source individual with 
 21.25  all of the information required by section 144.7603; and 
 21.26     (6) the facility has informed the emergency medical 
 21.27  services person of the confidentiality requirements of section 
 21.28  144.7611 and the penalties for unauthorized release of source 
 21.29  information under section 144.7612. 
 21.30     Subd. 3.  [FOLLOW-UP.] The facility shall inform the source 
 21.31  individual and the emergency medical services person of their 
 21.32  own test results.  The facility shall inform the emergency 
 21.33  medical services person of the source individual's test results 
 21.34  without the source individual's name, address, or other uniquely 
 21.35  identifying information. 
 21.36     Sec. 23.  [144.7607] [BLOOD SAMPLE COLLECTION FOR TESTING.] 
 22.1      Subdivision 1.  [WITH CONSENT.] (a) If a blood sample is 
 22.2   not otherwise available, the facility shall obtain consent from 
 22.3   the source individual before collecting a blood sample for 
 22.4   testing for bloodborne pathogens.  The consent process shall 
 22.5   include informing the source individual that the individual may 
 22.6   refuse to provide a blood sample and that the source 
 22.7   individual's refusal may result in a request for a court order 
 22.8   under subdivision 2 to require the source individual to provide 
 22.9   a blood sample.  
 22.10     (b) If the source individual consents to provide a blood 
 22.11  sample, the facility shall collect a blood sample and test the 
 22.12  sample for bloodborne pathogens.  
 22.13     (c) The facility shall inform the emergency medical 
 22.14  services person about the source individual's test results 
 22.15  without the individual's name, address, or other uniquely 
 22.16  identifying information.  The facility shall inform the source 
 22.17  individual of the test results.  
 22.18     (d) If the source individual refuses to provide a blood 
 22.19  sample for testing, the facility shall inform the emergency 
 22.20  medical services person of the source individual's refusal. 
 22.21     Subd. 2.  [PROCEDURES WITHOUT CONSENT.] (a) An emergency 
 22.22  medical services agency, or, if there is no agency, an emergency 
 22.23  medical services person, may bring a petition for a court order 
 22.24  to require a source individual to provide a blood sample for 
 22.25  testing for bloodborne pathogens.  The petition shall be filed 
 22.26  in the district court in the county where the source individual 
 22.27  resides or is hospitalized.  The petitioner shall serve the 
 22.28  petition on the source individual at least three days before a 
 22.29  hearing on the petition.  The petition shall include one or more 
 22.30  affidavits attesting that: 
 22.31     (1) the facility followed the procedures in sections 
 22.32  144.7601 to 144.7615 and attempted to obtain bloodborne pathogen 
 22.33  test results according to those sections; 
 22.34     (2) a licensed physician knowledgeable about the most 
 22.35  current recommendations of the United States Public Health 
 22.36  Service has determined that a significant exposure has occurred 
 23.1   to the emergency medical services person; and 
 23.2      (3) a physician with specialty training in infectious 
 23.3   diseases, including HIV, has documented that bloodborne pathogen 
 23.4   test results are needed for beginning, continuing, modifying, or 
 23.5   discontinuing medical treatment for the emergency medical 
 23.6   services person. 
 23.7      (b) Facilities shall cooperate with petitioners in 
 23.8   providing any necessary affidavits to the extent that facility 
 23.9   staff can attest under oath to the facts in the affidavits. 
 23.10     (c) The court may order the source individual to provide a 
 23.11  blood sample for bloodborne pathogen testing if: 
 23.12     (1) there is probable cause to believe the emergency 
 23.13  medical services person has experienced a significant exposure 
 23.14  to the source individual; 
 23.15     (2) the court imposes appropriate safeguards against 
 23.16  unauthorized disclosure that must specify the persons who have 
 23.17  access to the test results and the purposes for which the test 
 23.18  results may be used; 
 23.19     (3) a licensed physician for the emergency medical services 
 23.20  person needs the test results for beginning, continuing, 
 23.21  modifying, or discontinuing medical treatment for the emergency 
 23.22  medical services person; and 
 23.23     (4) the court finds a compelling need for the test 
 23.24  results.  In assessing compelling need, the court shall weigh 
 23.25  the need for the court-ordered blood collection and test results 
 23.26  against the privacy interests of the source individual.  The 
 23.27  court shall also consider whether the involuntary blood 
 23.28  collection and testing would serve the public interest. 
 23.29     (d) The court shall conduct the proceeding in camera unless 
 23.30  the petitioner or the source individual requests a hearing in 
 23.31  open court or the court determines that a public hearing is 
 23.32  necessary to the public interest and the proper administration 
 23.33  of justice. 
 23.34     (e) The source individual has the right to counsel in any 
 23.35  proceeding brought under this subdivision. 
 23.36     Sec. 24.  [144.7608] [NO DISCRIMINATION.] 
 24.1      A facility shall not base decisions about admission to a 
 24.2   facility or the provision of care or treatment on any 
 24.3   requirement that the source individual consent to bloodborne 
 24.4   pathogen testing under sections 144.7601 to 144.7615. 
 24.5      Sec. 25.  [144.7609] [USE OF TEST RESULTS.] 
 24.6      Bloodborne pathogen test results of a source individual 
 24.7   obtained under sections 144.7601 to 144.7615 are for diagnostic 
 24.8   purposes and to determine the need for treatment or medical care 
 24.9   specific to a bloodborne pathogen-related illness of an 
 24.10  emergency medical services person.  The test results may not be 
 24.11  used as evidence in any criminal proceedings. 
 24.12     Sec. 26.  [144.7611] [TEST INFORMATION CONFIDENTIALITY.] 
 24.13     Subdivision 1.  [PRIVATE DATA.] Information concerning test 
 24.14  results obtained under sections 144.7601 to 144.7615 is 
 24.15  information protected from disclosure without consent under 
 24.16  section 144.335 with respect to private facilities and private 
 24.17  data as defined in section 13.02, subdivision 12, with respect 
 24.18  to public facilities. 
 24.19     Subd. 2.  [CONSENT TO RELEASE INFORMATION.] No facility, 
 24.20  individual, or employer shall disclose to an emergency medical 
 24.21  services person the name, address, or other uniquely identifying 
 24.22  information about a source individual without a written release 
 24.23  signed by the source individual or the source individual's 
 24.24  legally authorized representative.  The facility shall not 
 24.25  record the name, address, or other uniquely identifying 
 24.26  information about the source individual's test results in the 
 24.27  emergency medical services person's medical records. 
 24.28     Sec. 27.  [144.7612] [PENALTY FOR UNAUTHORIZED RELEASE OF 
 24.29  INFORMATION.] 
 24.30     Any unauthorized release by an individual, facility, or 
 24.31  agency of a source individual's name, address, or other uniquely 
 24.32  identifying information under sections 144.7601 to 144.7615 is a 
 24.33  misdemeanor.  This section does not preclude the source 
 24.34  individual from pursuing remedies and penalties under sections 
 24.35  13.08, 13.09, or 144.335, or other private causes of action 
 24.36  against an individual, state agency, statewide system, political 
 25.1   subdivision, or person responsible for releasing private data or 
 25.2   information protected from disclosure. 
 25.3      Sec. 28.  [144.7613] [RESPONSIBILITY FOR TESTING AND 
 25.4   TREATMENT; COSTS.] 
 25.5      (a) The facility shall ensure that tests under sections 
 25.6   144.7601 to 144.7615 are performed if requested by the emergency 
 25.7   medical services person or emergency medical services agency, 
 25.8   provided the conditions set forth in sections 144.7601 to 
 25.9   144.7615 are met.  
 25.10     (b) The emergency medical services agency that employs the 
 25.11  emergency medical services person who requests testing under 
 25.12  sections 144.7601 to 144.7615 must pay or arrange payment for 
 25.13  the cost of counseling, testing, and treatment of the emergency 
 25.14  medical services person and costs associated with the testing of 
 25.15  the source individual.  
 25.16     (c) A facility shall have a protocol that states whether 
 25.17  the facility will pay for the cost of counseling, testing, or 
 25.18  treatment of a person acting as a good samaritan under section 
 25.19  604A.01. 
 25.20     Sec. 29.  [144.7614] [PROTOCOLS FOR EXPOSURE TO BLOODBORNE 
 25.21  PATHOGENS.] 
 25.22     Subdivision 1.  [EMS AGENCY REQUIREMENTS.] The emergency 
 25.23  medical services agency shall have procedures for an emergency 
 25.24  medical services person to notify a facility that the person may 
 25.25  have experienced a significant exposure from a source 
 25.26  individual.  The emergency medical services agency shall also 
 25.27  have a protocol to locate the source individual if the facility 
 25.28  has not received the source individual and the emergency medical 
 25.29  services agency knows the source individual's identity. 
 25.30     Subd. 2.  [FACILITY PROTOCOL REQUIREMENTS.] Every facility 
 25.31  shall adopt and follow a postexposure protocol for emergency 
 25.32  medical services persons who have experienced a significant 
 25.33  exposure.  The postexposure protocol must adhere to the most 
 25.34  current recommendations of the United States Public Health 
 25.35  Service and include, at a minimum, the following: 
 25.36     (1) a process for emergency medical services persons to 
 26.1   report a significant exposure in a timely fashion; 
 26.2      (2) a process for a licensed physician who is knowledgeable 
 26.3   about the most current recommendations of the United States 
 26.4   Public Health Service, or a health care worker assigned by that 
 26.5   licensed physician, to determine whether a significant exposure 
 26.6   has occurred; 
 26.7      (3) if there has been a significant exposure, a process to 
 26.8   determine whether the source individual has a bloodborne 
 26.9   pathogen through disclosure of test results, or through blood 
 26.10  collection and testing as required by sections 144.7601 to 
 26.11  144.7615; 
 26.12     (4) a process for providing appropriate counseling 
 26.13  regarding the likelihood of bloodborne pathogen transmission and 
 26.14  follow-up recommendations according to the most current 
 26.15  recommendations of the United States Public Health Service, 
 26.16  recommendations for testing, and treatment to the emergency 
 26.17  medical services person; 
 26.18     (5) a process for providing appropriate counseling 
 26.19  regarding the likelihood of bloodborne pathogen transmission and 
 26.20  follow-up recommendations according to the most current 
 26.21  recommendations of the United States Public Health Service, 
 26.22  recommendations for testing, and treatment to the source 
 26.23  individual; and 
 26.24     (6) compliance with applicable state and federal laws 
 26.25  relating to data practices, confidentiality, informed consent, 
 26.26  and the patient bill of rights. 
 26.27     Sec. 30.  [144.7615] [PENALTIES AND IMMUNITY.] 
 26.28     Subdivision 1.  [CIVIL REMEDIES.] An emergency medical 
 26.29  services person or source individual who suffers any damage as a 
 26.30  result of a violation of the requirements of sections 144.7601 
 26.31  to 144.7615 may bring an action against a facility to cover any 
 26.32  damages sustained, plus costs and reasonable attorney fees.  The 
 26.33  district court may enjoin a violation or proposed violation of 
 26.34  sections 144.7601 to 144.7615.  The court may make any order or 
 26.35  judgment as may be necessary to ensure compliance with sections 
 26.36  144.7601 to 144.7615.  This subdivision does not authorize a 
 27.1   civil action brought by the representative of a deceased source 
 27.2   individual. 
 27.3      Subd. 2.  [PENALTIES.] Any facility or person who willfully 
 27.4   violates the provisions of sections 144.7601 to 144.7615 is 
 27.5   guilty of a misdemeanor. 
 27.6      Subd. 3.  [IMMUNITY.] A facility, licensed physician, and 
 27.7   designated health care personnel are immune from liability in 
 27.8   any civil, administrative, or criminal action relating to the 
 27.9   disclosure of test results to an emergency medical services 
 27.10  person or emergency medical services agency and the testing of a 
 27.11  blood sample from the source individual for bloodborne pathogens 
 27.12  if a good faith effort has been made to comply with sections 
 27.13  144.7601 to 144.7615. 
 27.14     Sec. 31.  Minnesota Statutes 1998, section 145.881, 
 27.15  subdivision 2, is amended to read: 
 27.16     Subd. 2.  [DUTIES.] The advisory task force shall meet on a 
 27.17  regular basis to perform the following duties:  
 27.18     (a) review and report on the health care needs of mothers 
 27.19  and children throughout the state of Minnesota; 
 27.20     (b) review and report on the type, frequency and impact of 
 27.21  maternal and child health care services provided to mothers and 
 27.22  children under existing maternal and child health care programs, 
 27.23  including programs administered by the commissioner of health; 
 27.24     (c) establish, review, and report to the commissioner a 
 27.25  list of program guidelines and criteria which the advisory task 
 27.26  force considers essential to providing an effective maternal and 
 27.27  child health care program to low income populations and high 
 27.28  risk persons and fulfilling the purposes defined in section 
 27.29  145.88; 
 27.30     (d) review staff recommendations of the department of 
 27.31  health regarding maternal and child health grant awards before 
 27.32  the awards are made; 
 27.33     (e) make recommendations to the commissioner for the use of 
 27.34  other federal and state funds available to meet maternal and 
 27.35  child health needs; 
 27.36     (f) make recommendations to the commissioner of health on 
 28.1   priorities for funding the following maternal and child health 
 28.2   services:  (1) prenatal, delivery and postpartum care, (2) 
 28.3   comprehensive health care for children, especially from birth 
 28.4   through five years of age, (3) adolescent health services, (4) 
 28.5   family planning services, (5) preventive dental care, (6) 
 28.6   special services for chronically ill and handicapped children 
 28.7   and (7) any other services which promote the health of mothers 
 28.8   and children; and 
 28.9      (g) make recommendations to the commissioner of health on 
 28.10  the process to distribute, award and administer the maternal and 
 28.11  child health block grant funds; and 
 28.12     (h) review the measures that are used to define the 
 28.13  variables of the funding distribution formula in section 
 28.14  145.882, subdivision 4a, every two years and make 
 28.15  recommendations to the commissioner of health for changes based 
 28.16  upon principles established by the advisory task force for this 
 28.17  purpose.  
 28.18     Sec. 32.  Minnesota Statutes 1998, section 145.882, is 
 28.19  amended by adding a subdivision to read: 
 28.20     Subd. 4a.  [ALLOCATION TO COMMUNITY HEALTH BOARDS.] (a) 
 28.21  Federal maternal and child health block grant money remaining 
 28.22  after distributions made under subdivision 2 and money 
 28.23  appropriated for allocation to community health boards must be 
 28.24  allocated according to paragraphs (b) to (d) to community health 
 28.25  boards as defined in section 145A.02, subdivision 5. 
 28.26     (b) All community health boards must receive 95 percent of 
 28.27  the funding awarded to them for the 1998-1999 funding cycle.  If 
 28.28  the amount of state and federal funding available is less than 
 28.29  95 percent of the amount awarded to community health boards for 
 28.30  the 1998-1999 funding cycle, the available funding must be 
 28.31  apportioned to reflect a proportional decrease for each 
 28.32  recipient. 
 28.33     (c) The federal and state funding remaining after 
 28.34  distributions made under paragraph (b) must be allocated to each 
 28.35  community health board based on the following three variables: 
 28.36     (1) 25 percent based on the maternal and child population 
 29.1   in the area served by the community health board; 
 29.2      (2) 50 percent based on the health risk factors of the 
 29.3   maternal and child population in the area served by the 
 29.4   community health board; and 
 29.5      (3) 25 percent based on the income of the maternal and 
 29.6   child population in the area served by the community health 
 29.7   board. 
 29.8      (d) Each variable must be expressed as a city or county 
 29.9   score consisting of the city or county frequency of each 
 29.10  variable divided by the statewide frequency of the variable.  A 
 29.11  total score for each city or county jurisdiction must be 
 29.12  computed by totaling the scores of the three factors.  Each 
 29.13  community health board must be allocated an amount equal to the 
 29.14  total score obtained for the city, county, or counties in its 
 29.15  area multiplied by the amount of money available. 
 29.16     Sec. 33.  Minnesota Statutes 1998, section 145.882, 
 29.17  subdivision 7, is amended to read: 
 29.18     Subd. 7.  [USE OF BLOCK GRANT MONEY.] (a) Maternal and 
 29.19  child health block grant money allocated to a community health 
 29.20  board or community health services area under this section must 
 29.21  be used for qualified programs for high risk and low-income 
 29.22  individuals.  Block grant money must be used for programs that: 
 29.23     (1) specifically address the highest risk populations, 
 29.24  particularly low-income and minority groups with a high rate of 
 29.25  infant mortality and children with low birth weight, by 
 29.26  providing services, including prepregnancy family planning 
 29.27  services, calculated to produce measurable decreases in infant 
 29.28  mortality rates, instances of children with low birth weight, 
 29.29  and medical complications associated with pregnancy and 
 29.30  childbirth, including infant mortality, low birth rates, and 
 29.31  medical complications arising from chemical abuse by a mother 
 29.32  during pregnancy; 
 29.33     (2) specifically target pregnant women whose age, medical 
 29.34  condition, maternal history, or chemical abuse substantially 
 29.35  increases the likelihood of complications associated with 
 29.36  pregnancy and childbirth or the birth of a child with an 
 30.1   illness, disability, or special medical needs; 
 30.2      (3) specifically address the health needs of young children 
 30.3   who have or are likely to have a chronic disease or disability 
 30.4   or special medical needs, including physical, neurological, 
 30.5   emotional, and developmental problems that arise from chemical 
 30.6   abuse by a mother during pregnancy; 
 30.7      (4) provide family planning and preventive medical care for 
 30.8   specifically identified target populations, such as minority and 
 30.9   low-income teenagers, in a manner calculated to decrease the 
 30.10  occurrence of inappropriate pregnancy and minimize the risk of 
 30.11  complications associated with pregnancy and childbirth; or 
 30.12     (5) specifically address the frequency and severity of 
 30.13  childhood injuries and other child and adolescent health 
 30.14  problems in high risk target populations by providing services 
 30.15  calculated to produce measurable decreases in mortality and 
 30.16  morbidity.  However, money may be used for this purpose only if 
 30.17  the community health board's application includes program 
 30.18  components for the purposes in clauses (1) to (4) in the 
 30.19  proposed geographic service area and the total expenditure for 
 30.20  injury-related programs under this clause does not exceed ten 
 30.21  percent of the total allocation under subdivision 3. 
 30.22     (b) Maternal and child health block grant money may be used 
 30.23  for purposes other than the purposes listed in this subdivision 
 30.24  only under the following conditions:  
 30.25     (1) the community health board or community health services 
 30.26  area can demonstrate that existing programs fully address the 
 30.27  needs of the highest risk target populations described in this 
 30.28  subdivision; or 
 30.29     (2) the money is used to continue projects that received 
 30.30  funding before creation of the maternal and child health block 
 30.31  grant in 1981. 
 30.32     (c) (b) Projects that received funding before creation of 
 30.33  the maternal and child health block grant in 1981, must be 
 30.34  allocated at least the amount of maternal and child health 
 30.35  special project grant funds received in 1989, unless (1) the 
 30.36  local board of health provides equivalent alternative funding 
 31.1   for the project from another source; or (2) the local board of 
 31.2   health demonstrates that the need for the specific services 
 31.3   provided by the project has significantly decreased as a result 
 31.4   of changes in the demographic characteristics of the population, 
 31.5   or other factors that have a major impact on the demand for 
 31.6   services.  If the amount of federal funding to the state for the 
 31.7   maternal and child health block grant is decreased, these 
 31.8   projects must receive a proportional decrease as required in 
 31.9   subdivision 1.  Increases in allocation amounts to local boards 
 31.10  of health under subdivision 4 may be used to increase funding 
 31.11  levels for these projects may be continued at the discretion of 
 31.12  the community health board. 
 31.13     Sec. 34.  Minnesota Statutes 1998, section 145.885, 
 31.14  subdivision 2, is amended to read: 
 31.15     Subd. 2.  [ADDITIONAL REQUIREMENTS FOR COMMUNITY BOARDS OF 
 31.16  HEALTH.] Applications by community health boards as defined in 
 31.17  section 145A.02, subdivision 5, under section 145.882, 
 31.18  subdivision 3 4a, must also contain a summary of the process 
 31.19  used to develop the local program, including evidence that the 
 31.20  community health board notified local public and private 
 31.21  providers of the availability of funding through the community 
 31.22  health board for maternal and child health services; a list of 
 31.23  all public and private agency requests for grants submitted to 
 31.24  the community health board indicating which requests were 
 31.25  included in the grant application; and an explanation of how 
 31.26  priorities were established for selecting the requests to be 
 31.27  included in the grant application.  The community health board 
 31.28  shall include, with the grant application, a written statement 
 31.29  of the criteria to be applied to public and private agency 
 31.30  requests for funding. 
 31.31     Sec. 35.  Minnesota Statutes 1998, section 148.511, is 
 31.32  amended to read: 
 31.33     148.511 [SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS.] 
 31.34     Sections 148.511 to 148.5196 apply only to persons who are 
 31.35  applicants for registration, who are registered, who use 
 31.36  protected titles, or who represent that they are 
 32.1   registered.  Persons who engage in the practice of 
 32.2   speech-language pathology or audiology and who satisfy the 
 32.3   qualifications for registration must register under sections 
 32.4   148.511 to 148.5196.  Sections 148.511 to 148.5196 do not apply 
 32.5   to school personnel licensed by the board of teaching 
 32.6   under Minnesota Rules, part 8700.5505 section 122A.28, provided 
 32.7   that school personnel practicing within the scope of their 
 32.8   licensed occupation preface titles protected under section 
 32.9   148.513 with the words "school" or "educational." 
 32.10     Sec. 36.  Minnesota Statutes 1998, section 148.515, 
 32.11  subdivision 3, is amended to read: 
 32.12     Subd. 3.  [SUPERVISED CLINICAL TRAINING REQUIRED.] (a) An 
 32.13  applicant must complete at least 375 hours of supervised 
 32.14  clinical training as a student that meets the requirements of 
 32.15  paragraphs (b) to (f).  
 32.16     (b) The supervised clinical training must be provided by 
 32.17  the educational institution or by one of its cooperating 
 32.18  programs.  
 32.19     (c) The first 25 hours of the supervised clinical training 
 32.20  must be spent in clinical observation.  Those 25 hours must 
 32.21  concern the evaluation and treatment of children and adults with 
 32.22  disorders of speech, language, or hearing.  
 32.23     (d) All applicants must complete at least 350 hours of 
 32.24  supervised clinical training that concern the evaluation and 
 32.25  treatment of children and adults with disorders of speech, 
 32.26  language, and hearing.  At least 250 of the 350 hours must be at 
 32.27  the graduate level in the area in which registration is sought.  
 32.28  At least 50 hours must be spent in each of three types of 
 32.29  clinical settings including, but not limited to, university 
 32.30  clinics, hospitals, private clinics, and schools, including 
 32.31  secondary and elementary.  
 32.32     (e) An applicant seeking registration as a speech-language 
 32.33  pathologist must: 
 32.34     (1) obtain 250 of the 350 supervised hours in 
 32.35  speech-language pathology; 
 32.36     (2) complete a minimum of 20 hours of the 250 hours in each 
 33.1   of the following eight categories: 
 33.2      (i) evaluation:  speech disorders in children; 
 33.3      (ii) evaluation:  speech disorders in adults; 
 33.4      (iii) evaluation:  language disorders in children; 
 33.5      (iv) evaluation:  language disorders in adults; 
 33.6      (v) treatment:  speech disorders in children; 
 33.7      (vi) treatment:  speech disorders in adults; 
 33.8      (vii) treatment:  language disorders in children; and 
 33.9      (viii) treatment:  language disorders in adults; 
 33.10     (3) complete a minimum of 35 hours in audiology including:  
 33.11     (i) 15 hours in the evaluation or screening of individuals 
 33.12  with hearing disorders; and 
 33.13     (ii) 15 hours in habilitation or rehabilitation of 
 33.14  individuals with hearing impairment 20 of the 350 hours in 
 33.15  audiology; and 
 33.16     (4) obtain no more than 20 hours in the major professional 
 33.17  area that are in related disorders.  
 33.18     (f) An applicant seeking registration as an audiologist 
 33.19  must: 
 33.20     (1) obtain 250 of the 350 hours in audiology; 
 33.21     (2) complete a minimum of 40 hours in each of the following 
 33.22  four categories 40 of the 250 hours in each of the first two of 
 33.23  the following categories, complete at least 80 hours in 
 33.24  categories (iii) and (iv), with at least ten hours in each of 
 33.25  categories (i) to (iv), and complete at least 20 hours in 
 33.26  category (v): 
 33.27     (i) evaluation:  hearing in children; 
 33.28     (ii) evaluation:  hearing in adults; 
 33.29     (iii) selection and use:  amplification and assistive 
 33.30  devices for children; and 
 33.31     (iv) selection and use:  amplification and assistive 
 33.32  devices for adults; and 
 33.33     (v) treatment:  hearing disorders in children and adults; 
 33.34     (3) complete a minimum of 20 hours in the category of the 
 33.35  treatment of hearing disorders in children and adults; 
 33.36     (4) complete a minimum of 35 hours 20 of the 350 hours in 
 34.1   speech-language pathology unrelated to hearing impairment as 
 34.2   follows:  
 34.3      (i) 15 hours in evaluation or screening; and 
 34.4      (ii) 15 hours in treatment; and 
 34.5      (5) (4) obtain no more than 20 hours in the major 
 34.6   professional area that are in related disorders.  
 34.7      Sec. 37.  Minnesota Statutes 1998, section 148.517, is 
 34.8   amended by adding a subdivision to read: 
 34.9      Subd. 4.  [TEMPORARY REGISTRATION.] (a) The commissioner 
 34.10  shall issue temporary registration as a speech language 
 34.11  pathologist, an audiologist, or both, to applicants who have 
 34.12  applied for registration under this section and meet the 
 34.13  following requirements: 
 34.14     (1) submit a signed and dated affidavit stating that the 
 34.15  applicant is not the subject of a disciplinary action or past 
 34.16  disciplinary action in this or another jurisdiction and is not 
 34.17  disqualified on the basis of section 148.5195, subdivision 3; 
 34.18  and 
 34.19     (2) either: 
 34.20     (i) provide a copy of a current credential as a speech 
 34.21  language pathologist, an audiologist, or both, held in the 
 34.22  District of Columbia or a state or territory of the United 
 34.23  States; or 
 34.24     (ii) provide a copy of a current certificate of clinical 
 34.25  competence issued by the American Speech-Language-Hearing 
 34.26  Association or its equivalent. 
 34.27     (b) A temporary registration issued to a person under this 
 34.28  subdivision expires 90 days after it is issued or on the date 
 34.29  the commissioner grants or denies registration, whichever occurs 
 34.30  first.  
 34.31     (c) Upon application for renewal, a temporary registration 
 34.32  shall be renewed once to a person who is able to demonstrate 
 34.33  good cause for failure to meet the requirements for registration 
 34.34  within the initial temporary registration period and who is not 
 34.35  the subject of a disciplinary action or disqualified on the 
 34.36  basis of section 148.5195, subdivision 3. 
 35.1      Sec. 38.  Minnesota Statutes 1998, section 148B.60, 
 35.2   subdivision 3, is amended to read: 
 35.3      Subd. 3.  [UNLICENSED MENTAL HEALTH PRACTITIONER OR 
 35.4   PRACTITIONER.] "Unlicensed mental health practitioner" or 
 35.5   "practitioner" means a person who provides or purports to 
 35.6   provide, for remuneration, mental health services as defined in 
 35.7   subdivision 4.  It does not include persons licensed by the 
 35.8   board of medical practice under chapter 147 or registered by the 
 35.9   board of medical practice under chapter 147A; the board of 
 35.10  nursing under sections 148.171 to 148.285; the board of 
 35.11  psychology under sections 148.88 to 148.98; the board of social 
 35.12  work under sections 148B.18 to 148B.289; the board of marriage 
 35.13  and family therapy under sections 148B.29 to 148B.39; or another 
 35.14  licensing board if the person is practicing within the scope of 
 35.15  the license; or members of the clergy who are providing pastoral 
 35.16  services in the context of performing and fulfilling the 
 35.17  salaried duties and obligations required of a member of the 
 35.18  clergy by a religious congregation; American Indian medicine men 
 35.19  and women; licensed attorneys; probation officers; school 
 35.20  counselors employed by a school district while acting within the 
 35.21  scope of employment as school counselors; registered 
 35.22  occupational therapists; or occupational therapy assistants.  
 35.23  For the purposes of complaint investigation or disciplinary 
 35.24  action relating to an individual practitioner, the term includes:
 35.25     (1) persons employed by a program licensed by the 
 35.26  commissioner of human services who are acting as mental health 
 35.27  practitioners within the scope of their employment; 
 35.28     (2) persons employed by a program licensed by the 
 35.29  commissioner of human services who are providing chemical 
 35.30  dependency counseling services; persons who are providing 
 35.31  chemical dependency counseling services in private practice; and 
 35.32     (3) clergy who are providing mental health services that 
 35.33  are equivalent to those defined in subdivision 4. 
 35.34     Sec. 39.  Minnesota Statutes 1998, section 148B.68, 
 35.35  subdivision 1, is amended to read: 
 35.36     Subdivision 1.  [PROHIBITED CONDUCT.] The commissioner may 
 36.1   impose disciplinary action as described in section 148B.69 
 36.2   against any unlicensed mental health practitioner.  The 
 36.3   following conduct is prohibited and is grounds for disciplinary 
 36.4   action: 
 36.5      (a) Conviction of a crime, including a finding or verdict 
 36.6   of guilt, an admission of guilt, or a no contest plea, in any 
 36.7   court in Minnesota or any other jurisdiction in the United 
 36.8   States, reasonably related to the provision of mental health 
 36.9   services.  Conviction, as used in this subdivision, includes a 
 36.10  conviction of an offense which, if committed in this state, 
 36.11  would be deemed a felony or gross misdemeanor without regard to 
 36.12  its designation elsewhere, or a criminal proceeding where a 
 36.13  finding or verdict of guilty is made or returned but the 
 36.14  adjudication of guilt is either withheld or not entered. 
 36.15     (b) Conviction of crimes against persons.  For purposes of 
 36.16  this chapter, a crime against a person means violations of the 
 36.17  following:  sections 609.185; 609.19; 609.195; 609.20; 609.205; 
 36.18  609.21; 609.215; 609.221; 609.222; 609.223; 609.224; 609.2242; 
 36.19  609.23; 609.231; 609.2325; 609.233; 609.2335; 609.235; 609.24; 
 36.20  609.245; 609.25; 609.255; 609.26, subdivision 1, clause (1) or 
 36.21  (2); 609.265; 609.342; 609.343; 609.344; 609.345; 609.365; 
 36.22  609.498, subdivision 1; 609.50, clause (1); 609.561; 609.562; 
 36.23  609.595; and 609.72, subdivision 3. 
 36.24     (c) Failure to comply with the self-reporting requirements 
 36.25  of section 148B.63, subdivision 7. 
 36.26     (d) Engaging in sexual contact with a client or former 
 36.27  client as defined in section 148A.01, or engaging in contact 
 36.28  that may be reasonably interpreted by a client as sexual, or 
 36.29  engaging in any verbal behavior that is seductive or sexually 
 36.30  demeaning to the patient, or engaging in sexual exploitation of 
 36.31  a client or former client. 
 36.32     (e) Advertising that is false, fraudulent, deceptive, or 
 36.33  misleading. 
 36.34     (f) Conduct likely to deceive, defraud, or harm the public; 
 36.35  or demonstrating a willful or careless disregard for the health, 
 36.36  welfare, or safety of a client; or any other practice that may 
 37.1   create unnecessary danger to any client's life, health, or 
 37.2   safety, in any of which cases, proof of actual injury need not 
 37.3   be established. 
 37.4      (g) Adjudication as mentally incompetent, or as a person 
 37.5   who is dangerous to self, or adjudication pursuant to chapter 
 37.6   253B, as chemically dependent, mentally ill, mentally retarded, 
 37.7   mentally ill and dangerous to the public, or as a sexual 
 37.8   psychopathic personality or sexually dangerous person. 
 37.9      (h) Inability to provide mental health services with 
 37.10  reasonable safety to clients. 
 37.11     (i) The habitual overindulgence in the use of or the 
 37.12  dependence on intoxicating liquors. 
 37.13     (j) Improper or unauthorized personal or other use of any 
 37.14  legend drugs as defined in chapter 151, any chemicals as defined 
 37.15  in chapter 151, or any controlled substance as defined in 
 37.16  chapter 152. 
 37.17     (k) Revealing a communication from, or relating to, a 
 37.18  client except when otherwise required or permitted by law. 
 37.19     (l) Failure to comply with a client's request made under 
 37.20  section 144.335, or to furnish a client record or report 
 37.21  required by law. 
 37.22     (m) Splitting fees or promising to pay a portion of a fee 
 37.23  to any other professional other than for services rendered by 
 37.24  the other professional to the client. 
 37.25     (n) Engaging in abusive or fraudulent billing practices, 
 37.26  including violations of the federal Medicare and Medicaid laws 
 37.27  or state medical assistance laws. 
 37.28     (o) Failure to make reports as required by section 148B.63, 
 37.29  or cooperate with an investigation of the office. 
 37.30     (p) Obtaining money, property, or services from a client, 
 37.31  other than reasonable fees for services provided to the client, 
 37.32  through the use of undue influence, harassment, duress, 
 37.33  deception, or fraud. 
 37.34     (q) Undertaking or continuing a professional relationship 
 37.35  with a client in which the objectivity of the professional would 
 37.36  be impaired. 
 38.1      (r) Failure to provide the client with a copy of the client 
 38.2   bill of rights or violation of any provision of the client bill 
 38.3   of rights. 
 38.4      (s) Violating any order issued by the commissioner. 
 38.5      (t) Failure to comply with sections 148B.60 to 148B.71, and 
 38.6   the rules adopted under those sections. 
 38.7      (u) Failure to comply with any additional disciplinary 
 38.8   grounds established by the commissioner by rule. 
 38.9      (v) Revocation, suspension, restriction, limitation, or 
 38.10  other disciplinary action against the mental health 
 38.11  practitioner's license, certificate, registration, or right of 
 38.12  practice in this or another state or jurisdiction, for offenses 
 38.13  that would be subject to disciplinary action in this state, or 
 38.14  failure to report to the office of mental health practice that 
 38.15  charges regarding the practitioner's license, certificate, 
 38.16  registration, or right of practice have been brought in this or 
 38.17  another state or jurisdiction. 
 38.18     (w) Bartering for services with a client. 
 38.19     Sec. 40.  Minnesota Statutes 1998, section 148B.69, is 
 38.20  amended by adding a subdivision to read: 
 38.21     Subd. 7.  [RELEASE TO OBTAIN NONPUBLIC DATA.] An unlicensed 
 38.22  mental health practitioner who is the subject of an 
 38.23  investigation must sign a release authorizing the commissioner 
 38.24  to obtain criminal conviction data, reports about abuse or 
 38.25  neglect of clients, and other information pertaining to 
 38.26  investigations of violations of statute or rules from the bureau 
 38.27  of criminal apprehension, the Federal Bureau of Investigation, 
 38.28  the department of human services, the office of health 
 38.29  facilities complaints, private certification organizations, 
 38.30  county social service agencies, the division of driver and 
 38.31  vehicle services in the department of public safety, adult 
 38.32  protection services, child protection services, and other 
 38.33  agencies that regulate provision of health care services.  After 
 38.34  the commissioner gives written notice to an individual who is 
 38.35  the subject of an investigation, the agencies shall assist the 
 38.36  commissioner with the investigation by giving the commissioner 
 39.1   the requested data. 
 39.2      Sec. 41.  Minnesota Statutes 1998, section 148B.71, 
 39.3   subdivision 1, is amended to read: 
 39.4      Subdivision 1.  [SCOPE.] All unlicensed mental health 
 39.5   practitioners other than those providing services in a facility 
 39.6   regulated under section 144.651 or a government agency or 
 39.7   program licensed by the commissioner of health or the 
 39.8   commissioner of human services, shall provide to each client 
 39.9   prior to providing treatment a written copy of the mental health 
 39.10  client bill of rights.  A copy must also be posted in a 
 39.11  prominent location in the office of the mental health 
 39.12  practitioner.  Reasonable accommodations shall be made for those 
 39.13  clients who cannot read or who have communication impairments 
 39.14  and those who do not read or speak English.  The mental health 
 39.15  client bill of rights shall include the following: 
 39.16     (a) the name, title, business address, and telephone number 
 39.17  of the practitioner; 
 39.18     (b) the degrees, training, experience, or other 
 39.19  qualifications of the practitioner, followed by the following 
 39.20  statement in bold print: 
 39.21     "THE STATE OF MINNESOTA HAS NOT ADOPTED UNIFORM EDUCATIONAL 
 39.22  AND TRAINING STANDARDS FOR ALL MENTAL HEALTH PRACTITIONERS.  
 39.23  THIS STATEMENT OF CREDENTIALS IS FOR INFORMATION PURPOSES ONLY." 
 39.24     (c) the name, business address, and telephone number of the 
 39.25  practitioner's supervisor, if any; 
 39.26     (d) notice that a client has the right to file a complaint 
 39.27  with the practitioner's supervisor, if any, and the procedure 
 39.28  for filing complaints; 
 39.29     (e) the name, address, and telephone number of the office 
 39.30  of mental health practice and notice that a client may file 
 39.31  complaints with the office; 
 39.32     (f) the practitioner's fees per unit of service, the 
 39.33  practitioner's method of billing for such fees, the names of any 
 39.34  insurance companies that have agreed to reimburse the 
 39.35  practitioner, or health maintenance organizations with whom the 
 39.36  practitioner contracts to provide service, whether the 
 40.1   practitioner accepts Medicare, medical assistance, or general 
 40.2   assistance medical care, and whether the practitioner is willing 
 40.3   to accept partial payment, or to waive payment, and in what 
 40.4   circumstances; 
 40.5      (g) a statement that the client has a right to reasonable 
 40.6   notice of changes in services or charges; 
 40.7      (h) a brief summary, in plain language, of the theoretical 
 40.8   approach used by the practitioner in treating patients; 
 40.9      (i) notice that the client has a right to complete and 
 40.10  current information concerning the practitioner's assessment and 
 40.11  recommended course of treatment, including the expected duration 
 40.12  of treatment; 
 40.13     (j) a statement that clients may expect courteous treatment 
 40.14  and to be free from verbal, physical, or sexual abuse by the 
 40.15  practitioner; 
 40.16     (k) a statement that client records and transactions with 
 40.17  the practitioner are confidential, unless release of these 
 40.18  records is authorized in writing by the client, or otherwise 
 40.19  provided by law; 
 40.20     (l) a statement of the client's right to be allowed access 
 40.21  to records and written information from records in accordance 
 40.22  with section 144.335; 
 40.23     (m) a statement that other services may be available in the 
 40.24  community, including where information concerning services is 
 40.25  available; 
 40.26     (n) a statement that the client has the right to choose 
 40.27  freely among available practitioners, and to change 
 40.28  practitioners after services have begun, within the limits of 
 40.29  health insurance, medical assistance, or other health programs; 
 40.30     (o) a statement that the client has a right to coordinated 
 40.31  transfer when there will be a change in the provider of 
 40.32  services; 
 40.33     (p) a statement that the client may refuse services or 
 40.34  treatment, unless otherwise provided by law; and 
 40.35     (q) a statement that the client may assert the client's 
 40.36  rights without retaliation. 
 41.1      Sec. 42.  Minnesota Statutes 1998, section 148C.01, 
 41.2   subdivision 2, is amended to read: 
 41.3      Subd. 2.  [ALCOHOL AND DRUG COUNSELOR.] "Alcohol and drug 
 41.4   counselor" or "counselor" means a person who: 
 41.5      (1) uses, as a representation to the public, any title, 
 41.6   initials, or description of services incorporating the words 
 41.7   "alcohol and drug counselor"; 
 41.8      (2) offers to render professional alcohol and drug 
 41.9   counseling services relative to the abuse of or the dependency 
 41.10  on alcohol or other drugs to the general public or groups, 
 41.11  organizations, corporations, institutions, or government 
 41.12  agencies for compensation, implying that the person is licensed 
 41.13  and trained, experienced or expert in alcohol and drug 
 41.14  counseling; 
 41.15     (3) holds a valid license issued under sections 148C.01 to 
 41.16  148C.11 to engage in the practice of alcohol and drug 
 41.17  counseling; or 
 41.18     (4) is an applicant for an alcohol and drug counseling 
 41.19  license.  
 41.20     Sec. 43.  Minnesota Statutes 1998, section 148C.01, 
 41.21  subdivision 7, is amended to read: 
 41.22     Subd. 7.  [ACCREDITED SCHOOL OR EDUCATIONAL PROGRAM.] 
 41.23  "Accredited school or educational program" means a school of 
 41.24  alcohol and drug counseling, university, college, or other 
 41.25  post-secondary education program that offers no less than the 
 41.26  required number of education and practicum hours as described in 
 41.27  section 148C.04, subdivision 3, and the core functions as 
 41.28  defined in subdivision 9, and that, at the time the student 
 41.29  completes the program, is accredited by a regional accrediting 
 41.30  association whose standards are substantially equivalent to 
 41.31  those of the North Central Association of Colleges and 
 41.32  Post-Secondary Education Institutions or an accrediting 
 41.33  association that evaluates schools of alcohol and drug 
 41.34  counseling for inclusion of the education, practicum, and core 
 41.35  function standards in this chapter.  
 41.36     Sec. 44.  Minnesota Statutes 1998, section 148C.01, 
 42.1   subdivision 9, is amended to read: 
 42.2      Subd. 9.  [CORE FUNCTIONS.] "Core functions" means the 
 42.3   following services provided in alcohol and drug dependency 
 42.4   treatment:  
 42.5      (1) "Screening" means the process by which a client is 
 42.6   determined appropriate and eligible for admission to a 
 42.7   particular program. 
 42.8      (2) "Intake" means the administrative and initial 
 42.9   assessment procedures for admission to a program. 
 42.10     (3) "Orientation" means describing to the client the 
 42.11  general nature and goals of the program; rules governing client 
 42.12  conduct and infractions that can lead to disciplinary action or 
 42.13  discharge from the program; in a nonresidential program, the 
 42.14  hours during which services are available; treatment costs to be 
 42.15  borne by the client, if any; and client's rights. 
 42.16     (4) "Assessment" means those procedures by which a 
 42.17  counselor identifies and evaluates an individual's strengths, 
 42.18  weaknesses, problems, and needs for the development of the to 
 42.19  develop a treatment plan or make recommendations for level of 
 42.20  care placement. 
 42.21     (5) "Treatment planning" means the process by which the 
 42.22  counselor and the client identify and rank problems needing 
 42.23  resolution; establish agreed upon immediate and long-term goals; 
 42.24  and decide on a treatment process and the sources to be utilized.
 42.25     (6) "Counseling" means the utilization of special skills to 
 42.26  assist individuals, families, or groups in achieving objectives 
 42.27  through exploration of a problem and its ramifications; 
 42.28  examination of attitudes and feelings; consideration of 
 42.29  alternative solutions; and decision making. 
 42.30     (7) "Case management" means activities which bring 
 42.31  services, agencies, resources, or people together within a 
 42.32  planned framework of action toward the achievement of 
 42.33  established goals. 
 42.34     (8) "Crisis intervention" means those services which 
 42.35  respond to an alcohol or other drug user's needs during acute 
 42.36  emotional or physical distress. 
 43.1      (9) "Client education" means the provision of information 
 43.2   to clients who are receiving or seeking counseling concerning 
 43.3   alcohol and other drug abuse and the available services and 
 43.4   resources. 
 43.5      (10) "Referral" means identifying the needs of the client 
 43.6   which cannot be met by the counselor or agency and assisting the 
 43.7   client to utilize the support systems and available community 
 43.8   resources. 
 43.9      (11) "Reports and recordkeeping" means charting the results 
 43.10  of the assessment and treatment plan, writing reports, progress 
 43.11  notes, discharge summaries, and other client-related data. 
 43.12     (12) "Consultation with other professionals regarding 
 43.13  client treatment and services" means communicating with other 
 43.14  professionals in regard to client treatment and services to 
 43.15  assure comprehensive, quality care for the client. 
 43.16     Sec. 45.  Minnesota Statutes 1998, section 148C.01, 
 43.17  subdivision 10, is amended to read: 
 43.18     Subd. 10.  [PRACTICE OF ALCOHOL AND DRUG COUNSELING.] 
 43.19  "Practice of alcohol and drug counseling" means the observation, 
 43.20  description, evaluation, interpretation, and modification of 
 43.21  human behavior as it relates to the harmful or pathological use 
 43.22  or abuse of alcohol or other drugs by the application of the 
 43.23  core functions.  The practice of alcohol and drug counseling 
 43.24  includes, but is not limited to, the following activities, 
 43.25  regardless of whether the counselor receives compensation for 
 43.26  the activities: 
 43.27     (1) assisting clients who use alcohol or drugs, evaluating 
 43.28  that use, and recognizing dependency if it exists; 
 43.29     (2) assisting clients with alcohol or other drug problems 
 43.30  to gain insight and motivation aimed at resolving those 
 43.31  problems; 
 43.32     (3) providing experienced professional guidance, 
 43.33  assistance, and support for the client's efforts to develop and 
 43.34  maintain a responsible functional lifestyle; 
 43.35     (4) recognizing problems outside the scope of the 
 43.36  counselor's training, skill, or competence and referring the 
 44.1   client to other appropriate professional services; 
 44.2      (5) assessing the level of alcohol or other drug use 
 44.3   involvement; 
 44.4      (6) individual planning to prevent a return to harmful 
 44.5   alcohol or chemical use; 
 44.6      (7) alcohol and other drug abuse education for clients; 
 44.7      (8) consultation with other professionals; and 
 44.8      (9) gaining cultural competence through ongoing training 
 44.9   and education according to standards established by rule; and 
 44.10     (10) providing the above services, as needed, to family 
 44.11  members or others who are directly affected by someone using 
 44.12  alcohol or other drugs. 
 44.13     Sec. 46.  Minnesota Statutes 1998, section 148C.01, is 
 44.14  amended by adding a subdivision to read: 
 44.15     Subd. 18.  [PSYCHOMETRICALLY VALID AND 
 44.16  RELIABLE.] "Psychometrically valid and reliable" means developed 
 44.17  on the basis of role delineation, validation, reliability, 
 44.18  passing point, and sensitivity review factors, according to 
 44.19  generally accepted standards. 
 44.20     Sec. 47.  Minnesota Statutes 1998, section 148C.03, 
 44.21  subdivision 1, is amended to read: 
 44.22     Subdivision 1.  [GENERAL.] The commissioner shall, after 
 44.23  consultation with the advisory council or a committee 
 44.24  established by rule: 
 44.25     (a) adopt and enforce rules for licensure of alcohol and 
 44.26  drug counselors, including establishing standards and methods of 
 44.27  determining whether applicants and licensees are qualified under 
 44.28  section 148C.04.  The rules must provide for examinations and 
 44.29  establish standards for the regulation of professional conduct.  
 44.30  The rules must be designed to protect the public; 
 44.31     (b) develop and, at least twice a year, administer an 
 44.32  examination to assess applicants' knowledge and skills.  The 
 44.33  commissioner may contract for the administration of an 
 44.34  examination approved by the International Certification 
 44.35  Reciprocity Consortium/Alcohol and Other Drug Abuse 
 44.36  (ICRC/AODA) with an entity designated by the commissioner.  The 
 45.1   examinations must be psychometrically valid and reliable; must 
 45.2   be written and oral, with the oral examination based on a 
 45.3   written case presentation; must minimize cultural bias,; and 
 45.4   must be balanced in various theories relative to the practice of 
 45.5   alcohol and drug counseling; 
 45.6      (c) issue licenses to individuals qualified under sections 
 45.7   148C.01 to 148C.11; 
 45.8      (d) issue copies of the rules for licensure to all 
 45.9   applicants; 
 45.10     (e) adopt rules to establish and implement procedures, 
 45.11  including a standard disciplinary process and rules of 
 45.12  professional conduct; 
 45.13     (f) carry out disciplinary actions against licensees; 
 45.14     (g) establish, with the advice and recommendations of the 
 45.15  advisory council, written internal operating procedures for 
 45.16  receiving and investigating complaints and for taking 
 45.17  disciplinary actions as appropriate; 
 45.18     (h) educate the public about the existence and content of 
 45.19  the rules for alcohol and drug counselor licensing to enable 
 45.20  consumers to file complaints against licensees who may have 
 45.21  violated the rules; 
 45.22     (i) evaluate the rules in order to refine and improve the 
 45.23  methods used to enforce the commissioner's standards; 
 45.24     (j) set, collect, and adjust license fees for alcohol and 
 45.25  drug counselors so that the total fees collected will as closely 
 45.26  as possible equal anticipated expenditures during the biennium, 
 45.27  as provided in section 16A.1285; fees for initial and renewal 
 45.28  application and examinations; late fees for counselors who 
 45.29  submit license renewal applications after the renewal deadline; 
 45.30  and a surcharge fee.  The surcharge fee must include an amount 
 45.31  necessary to recover, over a five-year period, the 
 45.32  commissioner's direct expenditures for the adoption of the rules 
 45.33  providing for the licensure of alcohol and drug counselors.  All 
 45.34  fees received shall be deposited in the state treasury and 
 45.35  credited to the special revenue fund; and 
 45.36     (k) prepare reports on activities related to the licensure 
 46.1   of alcohol and drug counselors according to this subdivision by 
 46.2   October 1 of each even-numbered year.  Copies of the reports 
 46.3   shall be delivered to the legislature in accordance with section 
 46.4   3.195 and to the governor.  The reports shall contain the 
 46.5   following information on the commissioner's activities relating 
 46.6   to the licensure of alcohol and drug counselors, for the 
 46.7   two-year period ending the previous June 30: 
 46.8      (1) a general statement of the activities; 
 46.9      (2) the number of staff hours spent on the activities; 
 46.10     (3) the receipts and disbursements of funds; 
 46.11     (4) the names of advisory council members and their 
 46.12  addresses, occupations, and dates of appointment and 
 46.13  reappointment; 
 46.14     (5) the names and job classifications of employees; 
 46.15     (6) a brief summary of rules proposed or adopted during the 
 46.16  reporting period with appropriate citations to the State 
 46.17  Register and published rules; 
 46.18     (7) the number of persons having each type of license 
 46.19  issued by the commissioner as of June 30 in the year of the 
 46.20  report; 
 46.21     (8) the locations and dates of the administration of 
 46.22  examinations by the commissioner; 
 46.23     (9) the number of persons examined by the commissioner with 
 46.24  the persons subdivided into groups showing age categories, sex, 
 46.25  and states of residency; 
 46.26     (10) the number of persons licensed by the commissioner 
 46.27  after taking the examinations referred to in clause (8) with the 
 46.28  persons subdivided by age categories, sex, and states of 
 46.29  residency; 
 46.30     (11) the number of persons not licensed by the commissioner 
 46.31  after taking the examinations referred to in clause (8) with the 
 46.32  persons subdivided by age categories, sex, and states of 
 46.33  residency; 
 46.34     (12) the number of persons not taking the examinations 
 46.35  referred to in clause (8) who were licensed by the commissioner 
 46.36  or who were denied licensing, the reasons for the licensing or 
 47.1   denial, and the persons subdivided by age categories, sex, and 
 47.2   states of residency; 
 47.3      (13) the number of persons previously licensed by the 
 47.4   commissioner whose licenses were revoked, suspended, or 
 47.5   otherwise altered in status with brief statements of the reasons 
 47.6   for the revocation, suspension, or alteration; 
 47.7      (14) the number of written and oral complaints and other 
 47.8   communications received by the commissioner which allege or 
 47.9   imply a violation of a statute or rule which the commissioner is 
 47.10  empowered to enforce; 
 47.11     (15) a summary, by specific category, of the substance of 
 47.12  the complaints and communications referred to in clause (14) 
 47.13  and, for each specific category, the responses or dispositions; 
 47.14  and 
 47.15     (16) any other objective information which the commissioner 
 47.16  believes will be useful in reviewing the commissioner's 
 47.17  activities. 
 47.18     Sec. 48.  Minnesota Statutes 1998, section 148C.04, is 
 47.19  amended by adding a subdivision to read: 
 47.20     Subd. 6.  [TEMPORARY PRACTICE REQUIREMENTS.] (a) A person 
 47.21  may temporarily practice alcohol and drug counseling prior to 
 47.22  being licensed under this chapter if the person: 
 47.23     (1) either: 
 47.24     (i) meets the associate degree education and practicum 
 47.25  requirements of subdivision 3, clause (1); or 
 47.26     (ii) meets the bachelor degree education and practicum 
 47.27  requirements of subdivision 4, clause (1), item (i); 
 47.28     (2) within 60 days of meeting the requirements of 
 47.29  subdivision 3, clause (1), or subdivision 4, clause (1), item 
 47.30  (i), requests, in writing, temporary practice status with the 
 47.31  commissioner on application forms according to section 
 47.32  148C.0351, which include the nonrefundable license fee and an 
 47.33  affirmation by the person's supervisor, as defined in paragraph 
 47.34  (b), clause (1), and which are signed and dated by the person 
 47.35  and the person's supervisor; 
 47.36     (3) has not been disqualified to practice temporarily on 
 48.1   the basis of a background investigation under section 148C.09, 
 48.2   subdivision 1a; and 
 48.3      (4) has been notified in writing by the commissioner that 
 48.4   the person is qualified to practice under this subdivision. 
 48.5      (b) A person practicing under this subdivision: 
 48.6      (1) may practice only in a program licensed by the 
 48.7   department of human services and under the direct, on-site 
 48.8   supervision of a person who is licensed under this chapter and 
 48.9   employed in that licensed program; 
 48.10     (2) is subject to the rules of professional conduct set by 
 48.11  rule; 
 48.12     (3) is not subject to the continuing education requirements 
 48.13  of section 148C.05; and 
 48.14     (4) must be licensed according to this chapter within 12 
 48.15  months of meeting the requirements of subdivision 3, clause (1), 
 48.16  or subdivision 4, clause (1), item (i). 
 48.17     (c) Upon written request, the commissioner may extend a 
 48.18  person's temporary status if the person practices in a program 
 48.19  described in section 148C.11, subdivision 3, paragraph (b), 
 48.20  clause (2). 
 48.21     (d) A person practicing under this subdivision may not hold 
 48.22  himself or herself out to the public by any title or description 
 48.23  stating or implying that the person is licensed to engage in the 
 48.24  practice of alcohol and drug counseling. 
 48.25     Sec. 49.  Minnesota Statutes 1998, section 148C.04, is 
 48.26  amended by adding a subdivision to read: 
 48.27     Subd. 7.  [EFFECT AND SUSPENSION OF TEMPORARY 
 48.28  PRACTICE.] Approval of a person's application for temporary 
 48.29  practice creates no rights to or expectation of approval from 
 48.30  the commissioner for licensure as an alcohol and drug 
 48.31  counselor.  The commissioner may suspend or restrict a person's 
 48.32  temporary practice status according to section 148C.09. 
 48.33     Sec. 50.  Minnesota Statutes 1998, section 148C.06, 
 48.34  subdivision 1, is amended to read: 
 48.35     Subdivision 1.  [QUALIFICATIONS.] For two years from the 
 48.36  effective date of the rules authorized in section 148C.03, 
 49.1   subdivision 1, the commissioner shall issue a license to an 
 49.2   applicant if the applicant meets one of the following 
 49.3   qualifications:  
 49.4      (a) is credentialed as a certified chemical dependency 
 49.5   counselor (CCDC) or certified chemical dependency counselor 
 49.6   reciprocal (CCDCR) by the Institute for Chemical Dependency 
 49.7   Professionals of Minnesota, Inc.; graduates from an accredited 
 49.8   school or education program with a certificate of completion in 
 49.9   alcohol and drug counselor studies that includes a minimum of 
 49.10  270 clock hours of formal classroom education and 880 clock 
 49.11  hours of alcohol and drug counselor internship and passes both 
 49.12  the written and oral examinations according to this chapter; or 
 49.13  has 2080 hours of supervised alcohol and drug counselor 
 49.14  experience, 270 clock hours of alcohol and drug counselor 
 49.15  training with a minimum of 60 hours of the training occurring 
 49.16  within the past five years, and 300 hours of alcohol and drug 
 49.17  counselor internship and successfully completes the examination 
 49.18  requirements in section 148C.04, subdivision 3, clauses (2) and 
 49.19  (3); 
 49.20     (b) has 6,000 hours of supervised alcohol and drug 
 49.21  counselor experience as defined by the core functions, 270 clock 
 49.22  hours of alcohol and drug counselor training with a minimum of 
 49.23  60 hours of this training occurring within the past five years, 
 49.24  300 hours of alcohol and drug counselor internship, and has 
 49.25  successfully completed the examination requirements in section 
 49.26  148C.04, subdivision 3, clauses (2) and (3); 
 49.27     (c) has 10,000 hours of supervised alcohol and drug 
 49.28  counselor experience as defined by the core functions, 270 clock 
 49.29  hours of alcohol and drug training with a minimum of 60 hours of 
 49.30  this training occurring within the past five years, and has 
 49.31  successfully completed the requirements in section 148C.04, 
 49.32  subdivision 3, clause (2) or (3), or is credentialed as a 
 49.33  certified chemical dependency practitioner (CCDP) by the 
 49.34  Institute for Chemical Dependency Professionals of Minnesota, 
 49.35  Inc.; or 
 49.36     (d) has 14,000 hours of supervised alcohol and drug 
 50.1   counselor experience as defined by the core functions and 270 
 50.2   clock hours of alcohol and drug training with a minimum of 60 
 50.3   hours of this training occurring within the past five years; or 
 50.4      (e) has met the special licensing criteria established 
 50.5   pursuant to section 148C.11.  
 50.6      Sec. 51.  Minnesota Statutes 1998, section 148C.09, 
 50.7   subdivision 1, is amended to read: 
 50.8      Subdivision 1.  [GROUNDS.] The commissioner may refuse to 
 50.9   grant a license to, or may suspend, revoke, or restrict the 
 50.10  license of an individual if the commissioner determines that a 
 50.11  licensee or applicant:  
 50.12     (1) is incompetent to engage in alcohol and drug counseling 
 50.13  practice or is found to be engaged in alcohol and drug 
 50.14  counseling practice in a manner harmful or dangerous to a client 
 50.15  or the public; 
 50.16     (2) has violated the rules of the commissioner or the 
 50.17  statutes the commissioner is empowered to enforce; or any law, 
 50.18  rule order, stipulation and consent order, agreement, or 
 50.19  settlement; 
 50.20     (3) has obtained or attempted to obtain a license or 
 50.21  license renewal by bribery or fraudulent misrepresentation; 
 50.22     (4) has knowingly made a false statement on the form 
 50.23  required to be submitted to the commissioner for licensing or 
 50.24  license renewal; 
 50.25     (5) has failed to obtain continuing education credits 
 50.26  required by the commissioner; 
 50.27     (6) has failed to demonstrate the qualifications or satisfy 
 50.28  the requirements for a license contained in this chapter or 
 50.29  rules of the commissioner.  The burden of proof shall be upon 
 50.30  the applicant to demonstrate qualifications or satisfaction of 
 50.31  requirements; 
 50.32     (7) has been convicted of a crime, including a finding or 
 50.33  verdict of guilt, an admission of guilt, or a no contest plea, 
 50.34  in any court in Minnesota or any other jurisdiction in the 
 50.35  United States, reasonably related to the provision of alcohol 
 50.36  and drug counseling services.  Conviction, as used in this 
 51.1   subdivision, includes conviction of an offense which, if 
 51.2   committed in this state, would be deemed a felony or gross 
 51.3   misdemeanor without regard to its designation elsewhere, or a 
 51.4   criminal proceeding where a finding or verdict of guilty is made 
 51.5   or returned but the adjudication of guilt is either withheld or 
 51.6   not entered; 
 51.7      (8) has been convicted of a crime against another person.  
 51.8   For purposes of this chapter, a crime against another person 
 51.9   means an offense listed in section 148B.68, subdivision 1, 
 51.10  paragraph (b); 
 51.11     (9) has failed to comply with the self-reporting 
 51.12  requirements of section 148C.095, subdivision 7; 
 51.13     (10) has engaged in sexual contact with a client, or a 
 51.14  former client, as defined in section 148A.01, or has engaged in 
 51.15  conduct that may be reasonably interpreted by a client as 
 51.16  sexual, or has engaged in any verbal behavior that is seductive 
 51.17  or sexually demeaning to the client, or has engaged in sexual 
 51.18  exploitation of a client or former client; 
 51.19     (11) has engaged in false, fraudulent, deceptive, or 
 51.20  misleading advertising; 
 51.21     (12) has engaged in conduct likely to deceive, defraud, or 
 51.22  harm the public; or has demonstrated a willful or careless 
 51.23  disregard for the health, welfare, or safety of a client; or any 
 51.24  other practice that may create unnecessary danger to any 
 51.25  client's life, health, or safety, in any of which cases, proof 
 51.26  of actual injury need not be established; 
 51.27     (13) has been adjudicated as mentally incompetent, or as a 
 51.28  person who has a psychopathic personality, or who is dangerous 
 51.29  to self, or has been adjudicated as chemically dependent, 
 51.30  mentally ill, mentally retarded, or mentally ill and dangerous 
 51.31  to the public pursuant to chapter 253B; 
 51.32     (14) is unable to provide alcohol and drug counseling 
 51.33  services with reasonable safety to clients; 
 51.34     (15) is has habitually overindulgent overindulged in the 
 51.35  use of or the dependence on alcohol within the past two years; 
 51.36     (16) has engaged in the improper or unauthorized personal 
 52.1   or other use of any legend drugs as defined in section 151.01, 
 52.2   any chemicals as defined in section 151.01, or any controlled 
 52.3   substance as defined in section 152.01 within the past two 
 52.4   years; 
 52.5      (17) reveals a communication from, or relating to, a client 
 52.6   except when required or permitted by law; 
 52.7      (18) fails to comply with a client's request for health 
 52.8   records made under section 144.335, or to furnish a client 
 52.9   record or report required by law; 
 52.10     (19) has engaged in fee splitting or promises to pay a 
 52.11  portion of a fee to any other professional other than for 
 52.12  services rendered by the other professional to the client; 
 52.13     (20) has engaged in abusive or fraudulent billing 
 52.14  practices, including violations of the federal Medicare and 
 52.15  Medicaid laws or state medical assistance laws; 
 52.16     (21) fails to make reports as required by section 148C.095, 
 52.17  or cooperate with an investigation of the commissioner; 
 52.18     (22) obtains money, property, or services from a client, 
 52.19  other than reasonable fees for services provided to the client, 
 52.20  through the use of undue influence, harassment, duress, 
 52.21  deception, or fraud; 
 52.22     (23) undertakes or continues a professional relationship 
 52.23  with a client in which the objectivity of the alcohol and drug 
 52.24  counselor may be impaired; 
 52.25     (24) engages in conduct that constitutes grounds for 
 52.26  discipline as established by the commissioner in rule; or 
 52.27     (25) engages in bartering for services with a client. 
 52.28     Sec. 52.  Minnesota Statutes 1998, section 148C.09, 
 52.29  subdivision 1a, is amended to read: 
 52.30     Subd. 1a.  [BACKGROUND INVESTIGATION.] The applicant must 
 52.31  sign a release authorizing the commissioner to obtain 
 52.32  information from the bureau of criminal apprehension, the 
 52.33  Federal Bureau of Investigation, the office of mental health 
 52.34  practice, the department of human services, the office of health 
 52.35  facilities complaints, and other agencies specified in the 
 52.36  rules.  After the commissioner has given written notice to an 
 53.1   individual who is the subject of a background investigation, the 
 53.2   agencies shall assist the commissioner with the investigation by 
 53.3   giving the commissioner criminal conviction data, reports about 
 53.4   abuse or neglect of clients substantiated maltreatment of minors 
 53.5   and vulnerable adults, and other information specified in the 
 53.6   rules.  The commissioner may contract with the commissioner of 
 53.7   human services to obtain criminal history data from the bureau 
 53.8   of criminal apprehension. 
 53.9      Sec. 53.  Minnesota Statutes 1998, section 148C.11, 
 53.10  subdivision 1, is amended to read: 
 53.11     Subdivision 1.  [OTHER PROFESSIONALS.] Nothing in sections 
 53.12  148C.01 to 148C.10 shall prevent members of other professions or 
 53.13  occupations from performing functions for which they are 
 53.14  qualified or licensed.  This exception includes, but is not 
 53.15  limited to, licensed physicians, registered nurses, licensed 
 53.16  practical nurses, licensed psychological practitioners, members 
 53.17  of the clergy, American Indian medicine men and women, licensed 
 53.18  attorneys, probation officers, licensed marriage and family 
 53.19  therapists, licensed social workers, licensed professional 
 53.20  counselors, school counselors employed by a school district 
 53.21  while acting within the scope of employment as school 
 53.22  counselors, and registered occupational therapists or 
 53.23  occupational therapy assistants.  These persons must not, 
 53.24  however, use a title incorporating the words "alcohol and drug 
 53.25  counselor" or "licensed alcohol and drug counselor" or otherwise 
 53.26  hold themselves out to the public by any title or description 
 53.27  stating or implying that they are engaged in the practice of 
 53.28  alcohol and drug counseling, or that they are licensed to engage 
 53.29  in the practice of alcohol and drug counseling.  Persons engaged 
 53.30  in the practice of alcohol and drug counseling are not exempt 
 53.31  from the commissioner's jurisdiction solely by the use of one of 
 53.32  the above titles. 
 53.33     Sec. 54.  Minnesota Statutes 1998, section 153A.13, 
 53.34  subdivision 9, is amended to read: 
 53.35     Subd. 9.  [SUPERVISION.] "Supervision" means on-site 
 53.36  observing and monitoring activities of, and accepting 
 54.1   responsibility for, the hearing instrument dispensing activities 
 54.2   of a trainee. 
 54.3      Sec. 55.  Minnesota Statutes 1998, section 153A.13, is 
 54.4   amended by adding a subdivision to read: 
 54.5      Subd. 10.  [DIRECT SUPERVISION OR DIRECTLY 
 54.6   SUPERVISED.] "Direct supervision" or "directly supervised" means 
 54.7   the on-site and contemporaneous location of a supervisor and 
 54.8   trainee, when the supervisor observes the trainee engaging in 
 54.9   hearing instrument dispensing with a consumer. 
 54.10     Sec. 56.  Minnesota Statutes 1998, section 153A.13, is 
 54.11  amended by adding a subdivision to read: 
 54.12     Subd. 11.  [INDIRECT SUPERVISION OR INDIRECTLY 
 54.13  SUPERVISED.] "Indirect supervision" or "indirectly supervised" 
 54.14  means the remote and independent performance of hearing 
 54.15  instrument dispensing by a trainee when authorized under section 
 54.16  153A.14, subdivision 4a, paragraph (b). 
 54.17     Sec. 57.  Minnesota Statutes 1998, section 153A.14, 
 54.18  subdivision 1, is amended to read: 
 54.19     Subdivision 1.  [APPLICATION FOR CERTIFICATE.] An applicant 
 54.20  must: 
 54.21     (1) be 18 21 years of age or older; 
 54.22     (2) apply to the commissioner for a certificate to dispense 
 54.23  hearing instruments on application forms provided by the 
 54.24  commissioner; 
 54.25     (3) at a minimum, provide the applicant's name, social 
 54.26  security number, business address and phone number, employer, 
 54.27  and information about the applicant's education, training, and 
 54.28  experience in testing human hearing and fitting hearing 
 54.29  instruments; 
 54.30     (4) include with the application a statement that the 
 54.31  statements in the application are true and correct to the best 
 54.32  of the applicant's knowledge and belief; 
 54.33     (5) include with the application a written and signed 
 54.34  authorization that authorizes the commissioner to make inquiries 
 54.35  to appropriate regulatory agencies in this or any other state 
 54.36  where the applicant has sold hearing instruments; 
 55.1      (6) submit certification to the commissioner that the 
 55.2   applicant's audiometric equipment has been calibrated to meet 
 55.3   current ANSI standards within 12 months of the date of the 
 55.4   application; 
 55.5      (7) submit evidence of continuing education credits, if 
 55.6   required; and 
 55.7      (8) submit all fees as required under section 153A.17. 
 55.8      Sec. 58.  Minnesota Statutes 1998, section 153A.14, 
 55.9   subdivision 2a, is amended to read: 
 55.10     Subd. 2a.  [EXEMPTION FROM WRITTEN EXAMINATION 
 55.11  REQUIREMENT.] Persons completing the audiology registration 
 55.12  requirements of section 148.515 after January 1, 1996, are 
 55.13  exempt from the written examination requirements of subdivision 
 55.14  2h, paragraph (a), clause (1).  Minnesota registration or 
 55.15  American Speech-Language-Hearing Association certification as an 
 55.16  audiologist is not required but may be submitted as evidence 
 55.17  qualifying for exemption from the written examination if the 
 55.18  requirements are completed after January 1, 1996.  Persons 
 55.19  qualifying for written examination exemption must fulfill the 
 55.20  other credentialing requirements under subdivisions 1 and 2 
 55.21  before a certificate may be issued by the commissioner. 
 55.22     Sec. 59.  Minnesota Statutes 1998, section 153A.14, 
 55.23  subdivision 2h, is amended to read: 
 55.24     Subd. 2h.  [CERTIFICATION BY EXAMINATION.] An applicant 
 55.25  must achieve a passing score, as determined by the commissioner, 
 55.26  on an examination according to paragraphs (a) to (c). 
 55.27     (a) The examination must include, but is not limited to: 
 55.28     (1) A written examination approved by the commissioner 
 55.29  covering the following areas as they pertain to hearing 
 55.30  instrument selling: 
 55.31     (i) basic physics of sound; 
 55.32     (ii) the anatomy and physiology of the ear; 
 55.33     (iii) the function of hearing instruments; 
 55.34     (iv) the principles of hearing instrument selection; and 
 55.35     (v) state and federal laws, rules, and regulations. 
 55.36     (2) Practical tests of proficiency in the following 
 56.1   techniques as they pertain to hearing instrument selling: 
 56.2      (i) pure tone audiometry, including air conduction testing 
 56.3   and bone conduction testing; 
 56.4      (ii) live voice or recorded voice speech audiometry 
 56.5   including speech recognition (discrimination) testing, most 
 56.6   comfortable loudness level, and uncomfortable loudness 
 56.7   measurements of tolerance thresholds; 
 56.8      (iii) masking when indicated; 
 56.9      (iv) recording and evaluation of audiograms and speech 
 56.10  audiometry to determine proper selection and fitting of a 
 56.11  hearing instrument; 
 56.12     (v) taking ear mold impressions; and 
 56.13     (vi) using an otoscope for the visual observation of the 
 56.14  entire ear canal. 
 56.15     (b) The examination shall be administered by the 
 56.16  commissioner at least twice a year. 
 56.17     (c) An applicant must achieve a passing score on all 
 56.18  portions of the examination within a two-year period.  An 
 56.19  applicant who does not achieve a passing score on all portions 
 56.20  of the examination within a two-year period must retake the 
 56.21  entire examination and achieve a passing score on each portion 
 56.22  of the examination.  An applicant who does not apply for 
 56.23  certification within one year of successful completion of the 
 56.24  examination must retake the examination and achieve a passing 
 56.25  score on each portion of the examination.  An applicant may not 
 56.26  take any part of the examination more than three times in a 
 56.27  two-year period. 
 56.28     Sec. 60.  Minnesota Statutes 1998, section 153A.14, 
 56.29  subdivision 4, is amended to read: 
 56.30     Subd. 4.  [DISPENSING OF HEARING INSTRUMENTS WITHOUT 
 56.31  CERTIFICATE.] Except as provided in subdivision subdivisions 4a 
 56.32  and 4c, it is unlawful for any person not holding a valid 
 56.33  certificate to dispense a hearing instrument as defined in 
 56.34  section 153A.13, subdivision 3.  A person who dispenses a 
 56.35  hearing instrument without the certificate required by this 
 56.36  section is guilty of a gross misdemeanor.  
 57.1      Sec. 61.  Minnesota Statutes 1998, section 153A.14, 
 57.2   subdivision 4a, is amended to read: 
 57.3      Subd. 4a.  [TRAINEES.] (a) A person who is not certified 
 57.4   under this section may dispense hearing instruments as a trainee 
 57.5   for a period not to exceed 12 months if the person: 
 57.6      (1) submits an application on forms provided by the 
 57.7   commissioner; 
 57.8      (2) is under the supervision of a certified dispenser 
 57.9   meeting the requirements of this subdivision; and 
 57.10     (3) meets all requirements for certification except passage 
 57.11  of the examination required by this section. 
 57.12     (b) A certified hearing instrument dispenser may not 
 57.13  supervise more than two trainees at the same time and may not 
 57.14  directly supervise more than one trainee at a time.  The 
 57.15  certified dispenser is responsible for all actions or omissions 
 57.16  of a trainee in connection with the dispensing of hearing 
 57.17  instruments.  A certified dispenser may not supervise a trainee 
 57.18  if there are any commissioner, court, or other orders, currently 
 57.19  in effect or issued within the last five years, that were issued 
 57.20  with respect to an action or omission of a certified dispenser 
 57.21  or a trainee under the certified dispenser's supervision. 
 57.22     Trainees Until taking and passing the practical examination 
 57.23  testing the techniques described in subdivision 2h, paragraph 
 57.24  (a), clause (2), trainees must be directly supervised in all 
 57.25  areas described in subdivision 4b, and the activities tested by 
 57.26  the practical examination.  Two hundred hours of on-site 
 57.27  observations must be completed within the trainee period with a 
 57.28  minimum of 100 hours involving the supervisor, trainee, and a 
 57.29  consumer.  In addition Thereafter, trainees may dispense hearing 
 57.30  instruments under indirect supervision until expiration of the 
 57.31  trainee period.  Under indirect supervision, the trainee must 
 57.32  complete two monitored activities a week.  Monitored activities 
 57.33  may be executed by correspondence, telephone, or other 
 57.34  telephonic devices, and include, but are not limited to, 
 57.35  evaluation of audiograms, written reports, and contracts.  The 
 57.36  time spent in supervision must be recorded and the record 
 58.1   retained by the supervisor. 
 58.2      Sec. 62.  Minnesota Statutes 1998, section 153A.14, is 
 58.3   amended by adding a subdivision to read: 
 58.4      Subd. 4c.  [RECIPROCITY.] (a) A person applying for 
 58.5   certification as a hearing instrument dispenser under 
 58.6   subdivision 1 and who has dispensed hearing instruments in 
 58.7   another jurisdiction may dispense hearing instruments as a 
 58.8   trainee under indirect supervision if the person: 
 58.9      (1) satisfies provisions of subdivision 4a, paragraph (a); 
 58.10     (2) submits a signed and dated affidavit stating that the 
 58.11  applicant is not the subject of a disciplinary action or past 
 58.12  disciplinary action in this or another jurisdiction and is not 
 58.13  disqualified on the basis of section 153A.15, subdivision 1; and 
 58.14     (3) provides a copy of a current credential as a hearing 
 58.15  instrument dispenser, an audiologist, or both, held in the 
 58.16  District of Columbia or a state or territory of the United 
 58.17  States. 
 58.18     (b) A person becoming a trainee under this subdivision who 
 58.19  fails to take and pass the practical examination described in 
 58.20  subdivision 2h, paragraph (a), clause (2), when next offered 
 58.21  must cease dispensing hearing instruments unless under direct 
 58.22  supervision. 
 58.23     Sec. 63.  Minnesota Statutes 1998, section 153A.14, is 
 58.24  amended by adding a subdivision to read: 
 58.25     Subd. 4d.  [EXPIRATION OF TRAINEE PERIOD.] The trainee 
 58.26  period automatically expires two months following notice of 
 58.27  passing all examination requirements of subdivision 2h. 
 58.28     Sec. 64.  Minnesota Statutes 1998, section 153A.15, 
 58.29  subdivision 1, is amended to read: 
 58.30     Subdivision 1.  [PROHIBITED ACTS.] The commissioner may 
 58.31  take enforcement action as provided under subdivision 2 against 
 58.32  a dispenser of hearing instruments for the following acts and 
 58.33  conduct: 
 58.34     (1) prescribing or otherwise recommending to a consumer or 
 58.35  potential consumer the use of a hearing instrument, unless the 
 58.36  prescription from a physician or recommendation from a hearing 
 59.1   instrument dispenser or audiologist is in writing, is based on 
 59.2   an audiogram that is delivered to the consumer or potential 
 59.3   consumer when the prescription or recommendation is made, and 
 59.4   bears the following information in all capital letters of 
 59.5   12-point or larger boldface type:  "THIS PRESCRIPTION OR 
 59.6   RECOMMENDATION MAY BE FILLED BY, AND HEARING INSTRUMENTS MAY BE 
 59.7   PURCHASED FROM, THE CERTIFIED DISPENSER OF YOUR CHOICE"; 
 59.8      (2) failing to give a copy of the audiogram, upon which the 
 59.9   prescription or recommendation is based, to the consumer when 
 59.10  there has been a charge for the audiogram and the consumer 
 59.11  requests a copy; 
 59.12     (3) dispensing a hearing instrument to a minor person 18 
 59.13  years or younger unless evaluated by an audiologist for purposes 
 59.14  of hearing evaluation and hearing aid evaluation; 
 59.15     (4) failing to provide the consumer rights brochure 
 59.16  required by section 153A.14, subdivision 9; 
 59.17     (4) (5) being disciplined through a revocation, suspension, 
 59.18  restriction, or limitation by another state for conduct subject 
 59.19  to action under this chapter; 
 59.20     (5) (6) presenting advertising that is false or misleading; 
 59.21     (6) (7) providing the commissioner with false or misleading 
 59.22  statements of credentials, training, or experience; 
 59.23     (7) (8) engaging in conduct likely to deceive, defraud, or 
 59.24  harm the public; or demonstrating a willful or careless 
 59.25  disregard for the health, welfare, or safety of a consumer; 
 59.26     (8) (9) splitting fees or promising to pay a portion of a 
 59.27  fee to any other professional other than a fee for services 
 59.28  rendered by the other professional to the client; 
 59.29     (9) (10) engaging in abusive or fraudulent billing 
 59.30  practices, including violations of federal Medicare and Medicaid 
 59.31  laws, Food and Drug Administration regulations, or state medical 
 59.32  assistance laws; 
 59.33     (10) (11) obtaining money, property, or services from a 
 59.34  consumer through the use of undue influence, high pressure sales 
 59.35  tactics, harassment, duress, deception, or fraud; 
 59.36     (11) (12) failing to comply with restrictions on sales of 
 60.1   hearing aids in sections 153A.14, subdivision 9, and 153A.19; 
 60.2      (12) (13) performing the services of a certified hearing 
 60.3   instrument dispenser in an incompetent or negligent manner; 
 60.4      (13) (14) failing to comply with the requirements of this 
 60.5   chapter as an employer, supervisor, or trainee; 
 60.6      (14) (15) failing to provide information in a timely manner 
 60.7   in response to a request by the commissioner, commissioner's 
 60.8   designee, or the advisory council; 
 60.9      (15) (16) being convicted within the past five years of 
 60.10  violating any laws of the United States, or any state or 
 60.11  territory of the United States, and the violation is a felony, 
 60.12  gross misdemeanor, or misdemeanor, an essential element of which 
 60.13  relates to hearing instrument dispensing, except as provided in 
 60.14  chapter 364; 
 60.15     (16) (17) failing to cooperate with the commissioner, the 
 60.16  commissioner's designee, or the advisory council in any 
 60.17  investigation; 
 60.18     (17) (18) failing to perform hearing instrument dispensing 
 60.19  with reasonable judgment, skill, or safety due to the use of 
 60.20  alcohol or drugs, or other physical or mental impairment; 
 60.21     (18) (19) failing to fully disclose actions taken against 
 60.22  the applicant or the applicant's legal authorization to dispense 
 60.23  hearing instruments in this or another state; 
 60.24     (19) (20) violating a state or federal court order or 
 60.25  judgment, including a conciliation court judgment, relating to 
 60.26  the activities of the applicant in hearing instrument 
 60.27  dispensing; 
 60.28     (20) (21) having been or being disciplined by the 
 60.29  commissioner of the department of health, or other authority, in 
 60.30  this or another jurisdiction, if any of the grounds for the 
 60.31  discipline are the same or substantially equivalent to those in 
 60.32  sections 153A.13 to 153A.19; 
 60.33     (21) (22) misrepresenting the purpose of hearing tests, or 
 60.34  in any way communicating that the hearing test or hearing test 
 60.35  protocol required by section 153A.14, subdivision 4b, is a 
 60.36  medical evaluation, a diagnostic hearing evaluation conducted by 
 61.1   an audiologist, or is other than a test to select a hearing 
 61.2   instrument, except that the hearing instrument dispenser can 
 61.3   determine the need for or recommend the consumer obtain a 
 61.4   medical evaluation consistent with requirements of the United 
 61.5   States Food and Drug Administration; 
 61.6      (22) (23) violating any of the provisions of sections 
 61.7   153A.13 to 153A.19; and 
 61.8      (23) (24) aiding or abetting another person in violating 
 61.9   any of the provisions of sections 153A.13 to 153A.19. 
 61.10     Sec. 65.  Minnesota Statutes 1998, section 214.18, is 
 61.11  amended by adding a subdivision to read: 
 61.12     Subd. 3a.  [HCV.] "HCV" means the hepatitis C virus. 
 61.13     Sec. 66.  Minnesota Statutes 1998, section 214.18, 
 61.14  subdivision 5, is amended to read: 
 61.15     Subd. 5.  [REGULATED PERSON.] "Regulated person" means a 
 61.16  licensed dental hygienist, dentist, physician, nurse who 
 61.17  maintains current registration as a registered nurse or licensed 
 61.18  practical nurse, podiatrist, a registered dental assistant, a 
 61.19  physician's assistant, and for purposes of sections 214.19, 
 61.20  subdivisions 4 and 5; 214.20, paragraph (a); and 214.24, a 
 61.21  chiropractor.  
 61.22     Sec. 67.  Minnesota Statutes 1998, section 214.19, 
 61.23  subdivision 1, is amended to read: 
 61.24     Subdivision 1.  [PERMISSION TO REPORT.] A person with 
 61.25  actual knowledge that a regulated person has been diagnosed as 
 61.26  infected with HIV or, HBV, or HCV may file a report with the 
 61.27  commissioner. 
 61.28     Sec. 68.  [241.33] [DEFINITIONS.] 
 61.29     Subdivision 1.  [SCOPE OF DEFINITIONS.] For purposes of 
 61.30  sections 241.33 to 241.342, the following terms have the meaning 
 61.31  given them. 
 61.32     Subd. 2.  [BLOODBORNE PATHOGENS.] "Bloodborne pathogens" 
 61.33  means pathogenic microorganisms that are present in human blood 
 61.34  and can cause disease in humans.  These pathogens include, but 
 61.35  are not limited to, hepatitis B virus (HBV), hepatitis C virus 
 61.36  (HCV), and human immunodeficiency virus (HIV). 
 62.1      Subd. 3.  [INMATE.] "Inmate" means an individual in the 
 62.2   custody or under the jurisdiction of the commissioner of 
 62.3   corrections or a local correctional authority. 
 62.4      Subd. 4.  [CORRECTIONAL FACILITY.] "Correctional facility" 
 62.5   means a state or local correctional facility. 
 62.6      Subd. 5.  [CORRECTIONS EMPLOYEE.] "Corrections employee" 
 62.7   means an employee of a state or local correctional agency. 
 62.8      Subd. 6.  [SIGNIFICANT EXPOSURE.] "Significant exposure" 
 62.9   means contact, in a manner supported by recommendation of the 
 62.10  United States Public Health Service most current at the time 
 62.11  these evaluations take place, that includes: 
 62.12     (1) percutaneous injury, contact of mucous membrane or 
 62.13  nonintact skin, or prolonged contact of intact skin; and 
 62.14     (2) contact, in a manner which may transmit a bloodborne 
 62.15  pathogen, with blood, tissue, or other body fluids. 
 62.16     Sec. 69.  [241.331] [CONDITIONS FOR APPLICABILITY OF 
 62.17  PROCEDURES.] 
 62.18     Subdivision 1.  [REQUEST FOR PROCEDURES.] A corrections 
 62.19  employee may request that the procedures of sections 241.33 to 
 62.20  241.342 be followed when the corrections employee may have 
 62.21  experienced a significant exposure to an inmate. 
 62.22     Subd. 2.  [CONDITIONS.] The correctional facility shall 
 62.23  follow the procedures in sections 241.33 to 241.342 when all of 
 62.24  the following conditions are met:  
 62.25     (1) a licensed physician determines that a significant 
 62.26  exposure has occurred following the protocol under section 
 62.27  241.341; 
 62.28     (2) the licensed physician for the corrections employee 
 62.29  needs the inmate's bloodborne pathogens test results to begin, 
 62.30  continue, modify, or discontinue treatment in accordance with 
 62.31  the most current guidelines of the United States Public Health 
 62.32  Service, because of possible exposure to a bloodborne pathogen; 
 62.33  and 
 62.34     (3) the corrections employee consents to providing a blood 
 62.35  sample for testing for a bloodborne pathogen. 
 62.36     Sec. 70.  [241.332] [INFORMATION REQUIRED TO BE GIVEN TO 
 63.1   INDIVIDUALS.] 
 63.2      Subdivision 1.  [INFORMATION TO INMATE.] (a) Before seeking 
 63.3   any consent required by the procedures under sections 241.33 to 
 63.4   241.342, a correctional facility shall inform the inmate that 
 63.5   the inmate's bloodborne pathogen test results, without the 
 63.6   inmate's name or other uniquely identifying information, shall 
 63.7   be reported to the corrections employee if requested and that 
 63.8   test results collected under sections 241.33 to 241.342 are for 
 63.9   medical purposes as set forth in section 241.338 and may not be 
 63.10  used as evidence in any criminal proceedings.  
 63.11     (b) The correctional facility shall inform the inmate that 
 63.12  the correctional facility will advise the corrections employee 
 63.13  of the confidentiality requirements and penalties before the 
 63.14  employee's health care provider discloses any test results. 
 63.15     Subd. 2.  [INFORMATION TO CORRECTIONS EMPLOYEE.] Before 
 63.16  disclosing any information about the inmate, the correctional 
 63.17  facility shall inform the corrections employee of the 
 63.18  confidentiality requirements of section 241.339 and that the 
 63.19  person may be subject to penalties for unauthorized release of 
 63.20  test results about the inmate under section 241.34. 
 63.21     Sec. 71.  [241.333] [DISCLOSURE OF POSITIVE BLOODBORNE 
 63.22  PATHOGEN TEST RESULTS.] 
 63.23     If the conditions of sections 241.331 and 241.332 are met, 
 63.24  the correctional facility shall ask the inmate if the inmate has 
 63.25  ever had a positive test for a bloodborne pathogen.  The 
 63.26  correctional facility must attempt to get existing test results 
 63.27  under this section before taking any steps to obtain a blood 
 63.28  sample or to test for bloodborne pathogens.  The correctional 
 63.29  facility shall disclose the inmate's bloodborne pathogen test 
 63.30  results to the corrections employee without the inmate's name or 
 63.31  other uniquely identifying information. 
 63.32     Sec. 72.  [241.334] [CONSENT PROCEDURES GENERALLY.] 
 63.33     (a) For purposes of sections 241.33 to 241.342, whenever 
 63.34  the correctional facility is required to seek consent, the 
 63.35  correctional facility shall obtain consent from an inmate or an 
 63.36  inmate's representative consistent with other law applicable to 
 64.1   consent.  
 64.2      (b) Consent is not required if the correctional facility 
 64.3   has made reasonable efforts to obtain the representative's 
 64.4   consent and consent cannot be obtained within 24 hours of a 
 64.5   significant exposure.  
 64.6      (c) If testing of available blood occurs without consent 
 64.7   because the inmate is unconscious or unable to provide consent, 
 64.8   and a representative cannot be located, the correctional 
 64.9   facility shall provide the information required in section 
 64.10  241.332 to the inmate or representative whenever it is possible 
 64.11  to do so.  
 64.12     (d) If an inmate dies before an opportunity to consent to 
 64.13  blood collection or testing under sections 241.33 to 241.342, 
 64.14  the correctional facility does not need consent of the inmate's 
 64.15  representative for purposes of sections 241.33 to 241.342. 
 64.16     Sec. 73.  [241.335] [TESTING OF AVAILABLE BLOOD.] 
 64.17     Subdivision 1.  [PROCEDURES WITH CONSENT.] If a sample of 
 64.18  the inmate's blood is available, the correctional facility shall 
 64.19  ensure that blood is tested for bloodborne pathogens with the 
 64.20  consent of the inmate, provided the conditions in sections 
 64.21  241.331 and 241.332 are met. 
 64.22     Subd. 2.  [PROCEDURES WITHOUT CONSENT.] If the inmate has 
 64.23  provided a blood sample, but does not consent to bloodborne 
 64.24  pathogens testing, the correctional facility shall ensure that 
 64.25  the blood is tested for bloodborne pathogens if the corrections 
 64.26  employee requests the test, provided all of the following 
 64.27  criteria are met: 
 64.28     (1) the corrections employee and correctional facility has 
 64.29  documented exposure to blood or body fluids during performance 
 64.30  of the employee's work duties; 
 64.31     (2) a licensed physician has determined that a significant 
 64.32  exposure has occurred under section 241.341 and has documented 
 64.33  that bloodborne pathogen test results are needed for beginning, 
 64.34  modifying, continuing, or discontinuing medical treatment for 
 64.35  the corrections employee as recommended by the most current 
 64.36  guidelines of the United States Public Health Service; 
 65.1      (3) the corrections employee provides a blood sample for 
 65.2   testing for bloodborne pathogens as soon as feasible; 
 65.3      (4) the correctional facility asks the inmate to consent to 
 65.4   a test for bloodborne pathogens and the inmate does not consent; 
 65.5      (5) the correctional facility has provided the inmate and 
 65.6   the corrections employee with all of the information required by 
 65.7   section 241.332; and 
 65.8      (6) the correctional facility has informed the corrections 
 65.9   employee of the confidentiality requirements of section 241.339 
 65.10  and the penalties for unauthorized release of inmate information 
 65.11  under section 241.34. 
 65.12     Subd. 3.  [FOLLOW-UP.] The correctional facility shall 
 65.13  inform the inmate whose blood was tested of the results.  The 
 65.14  correctional facility shall inform the corrections employee's 
 65.15  health care provider of the inmate's test results without the 
 65.16  inmate's name or other uniquely identifying information. 
 65.17     Sec. 74.  [241.336] [BLOOD SAMPLE COLLECTION FOR TESTING.] 
 65.18     Subdivision 1.  [PROCEDURES WITH CONSENT.] (a) If a blood 
 65.19  sample is not otherwise available, the correctional facility 
 65.20  shall obtain consent from the inmate before collecting a blood 
 65.21  sample for testing for bloodborne pathogens.  The consent 
 65.22  process shall include informing the inmate that the inmate may 
 65.23  refuse to provide a blood sample and that the inmate's refusal 
 65.24  may result in a request for a court order under subdivision 2 to 
 65.25  require the inmate to provide a blood sample.  
 65.26     (b) If the inmate consents to provide a blood sample, the 
 65.27  correctional facility shall collect a blood sample and ensure 
 65.28  that the sample is tested for bloodborne pathogens.  
 65.29     (c) The correctional facility shall inform the corrections 
 65.30  employee's health care provider about the inmate's test results 
 65.31  without the inmate's name or other uniquely identifying 
 65.32  information.  The correctional facility shall inform the inmate 
 65.33  of the test results.  
 65.34     (d) If the inmate refuses to provide a blood sample for 
 65.35  testing, the correctional facility shall inform the corrections 
 65.36  employee of the inmate's refusal. 
 66.1      Subd. 2.  [PROCEDURES WITHOUT CONSENT.] (a) A correctional 
 66.2   facility or a corrections employee may bring a petition for a 
 66.3   court order to require an inmate to provide a blood sample for 
 66.4   testing for bloodborne pathogens.  The petition shall be filed 
 66.5   in the district court in the county where the inmate is 
 66.6   confined.  The correctional facility shall serve the petition on 
 66.7   the inmate before a hearing on the petition.  The petition shall 
 66.8   include one or more affidavits attesting that: 
 66.9      (1) the correctional facility followed the procedures in 
 66.10  sections 241.33 to 241.342 and attempted to obtain bloodborne 
 66.11  pathogen test results according to those sections; 
 66.12     (2) a licensed physician knowledgeable about the most 
 66.13  current recommendations of the United States Public Health 
 66.14  Service has determined that a significant exposure has occurred 
 66.15  to the corrections employee; and 
 66.16     (3) a physician has documented that bloodborne pathogen 
 66.17  test results are needed for beginning, continuing, modifying, or 
 66.18  discontinuing medical treatment for the corrections employee. 
 66.19     (b) Facilities shall cooperate with petitioners in 
 66.20  providing any necessary affidavits to the extent that facility 
 66.21  staff can attest under oath to the facts in the affidavits. 
 66.22     (c) The court may order the inmate to provide a blood 
 66.23  sample for bloodborne pathogen testing if: 
 66.24     (1) there is probable cause to believe the corrections 
 66.25  employee has experienced a significant exposure to the inmate; 
 66.26     (2) the court imposes appropriate safeguards against 
 66.27  unauthorized disclosure that must specify the persons who have 
 66.28  access to the test results and the purposes for which the test 
 66.29  results may be used; 
 66.30     (3) a licensed physician for the corrections employee needs 
 66.31  the test results for beginning, continuing, modifying, or 
 66.32  discontinuing medical treatment for the corrections employee; 
 66.33  and 
 66.34     (4) the court finds a compelling need for the test 
 66.35  results.  In assessing compelling need, the court shall weigh 
 66.36  the need for the court-ordered blood collection and test results 
 67.1   against the privacy interests of the inmate.  The court shall 
 67.2   also consider whether involuntary blood collection and testing 
 67.3   would serve the public interests. 
 67.4      (d) The court shall conduct the proceeding in camera unless 
 67.5   the petitioner or the inmate requests a hearing in open court or 
 67.6   the court determines that a public hearing is necessary to the 
 67.7   public interest and the proper administration of justice. 
 67.8      (e) The inmate may arrange for counsel in any proceeding 
 67.9   brought under this subdivision. 
 67.10     Sec. 75.  [241.337] [NO DISCRIMINATION.] 
 67.11     A correctional facility shall not withhold care or 
 67.12  treatment on the requirement that the inmate consent to 
 67.13  bloodborne pathogen testing under sections 241.33 to 241.342. 
 67.14     Sec. 76.  [241.338] [USE OF TEST RESULTS.] 
 67.15     Bloodborne pathogen test results of an inmate obtained 
 67.16  under sections 241.33 to 241.342 are for diagnostic purposes and 
 67.17  to determine the need for treatment or medical care specific to 
 67.18  a bloodborne pathogen-related illness.  The test results may not 
 67.19  be used as evidence in any criminal proceedings. 
 67.20     Sec. 77.  [241.339] [TEST INFORMATION CONFIDENTIALITY.] 
 67.21     Test results obtained under sections 241.33 to 241.342 are 
 67.22  private data as defined in sections 13.02, subdivision 12, and 
 67.23  13.85, subdivision 2. 
 67.24     Sec. 78.  [241.34] [PENALTY FOR UNAUTHORIZED RELEASE OF 
 67.25  INFORMATION.] 
 67.26     Unauthorized release of the inmate's name or other uniquely 
 67.27  identifying information under sections 241.33 to 241.342 is a 
 67.28  misdemeanor.  This section does not preclude the inmate from 
 67.29  pursuing remedies and penalties under sections 13.08 and 13.09 
 67.30  or other private causes of action against an individual, state 
 67.31  agency, statewide system, political subdivision, or person 
 67.32  responsible for releasing private data or confidential or 
 67.33  private information on the inmate. 
 67.34     Sec. 79.  [241.341] [PROTOCOL FOR EXPOSURE TO BLOODBORNE 
 67.35  PATHOGENS.] 
 67.36     Correctional facilities shall follow applicable 
 68.1   Occupational Safety and Health Administration guidelines under 
 68.2   Code of Federal Regulations, title 29, part 1910.1030, for 
 68.3   bloodborne pathogens.  Postexposure protocols for corrections 
 68.4   employees who experience a significant exposure must adhere to 
 68.5   the most current recommendations by the United States Public 
 68.6   Health Service. 
 68.7      Sec. 80.  [241.342] [IMMUNITY.] 
 68.8      A correctional facility, licensed physician, and designated 
 68.9   health care personnel are immune from liability in any civil, 
 68.10  administrative, or criminal action relating to the disclosure of 
 68.11  test results of an inmate to a corrections employee and the 
 68.12  testing of a blood sample from the inmate for bloodborne 
 68.13  pathogens if a good faith effort has been made to comply with 
 68.14  sections 241.33 to 241.342. 
 68.15     Sec. 81.  Minnesota Statutes 1998, section 609.344, 
 68.16  subdivision 1, is amended to read: 
 68.17     Subdivision 1.  [CRIME DEFINED.] A person who engages in 
 68.18  sexual penetration with another person is guilty of criminal 
 68.19  sexual conduct in the third degree if any of the following 
 68.20  circumstances exists:  
 68.21     (a) the complainant is under 13 years of age and the actor 
 68.22  is no more than 36 months older than the complainant.  Neither 
 68.23  mistake as to the complainant's age nor consent to the act by 
 68.24  the complainant shall be a defense; 
 68.25     (b) the complainant is at least 13 but less than 16 years 
 68.26  of age and the actor is more than 24 months older than the 
 68.27  complainant.  In any such case it shall be an affirmative 
 68.28  defense, which must be proved by a preponderance of the 
 68.29  evidence, that the actor believes the complainant to be 16 years 
 68.30  of age or older.  If the actor in such a case is no more than 48 
 68.31  months but more than 24 months older than the complainant, the 
 68.32  actor may be sentenced to imprisonment for not more than five 
 68.33  years.  Consent by the complainant is not a defense; 
 68.34     (c) the actor uses force or coercion to accomplish the 
 68.35  penetration; 
 68.36     (d) the actor knows or has reason to know that the 
 69.1   complainant is mentally impaired, mentally incapacitated, or 
 69.2   physically helpless; 
 69.3      (e) the complainant is at least 16 but less than 18 years 
 69.4   of age and the actor is more than 48 months older than the 
 69.5   complainant and in a position of authority over the complainant. 
 69.6   Neither mistake as to the complainant's age nor consent to the 
 69.7   act by the complainant is a defense; 
 69.8      (f) the actor has a significant relationship to the 
 69.9   complainant and the complainant was at least 16 but under 18 
 69.10  years of age at the time of the sexual penetration.  Neither 
 69.11  mistake as to the complainant's age nor consent to the act by 
 69.12  the complainant is a defense; 
 69.13     (g) the actor has a significant relationship to the 
 69.14  complainant, the complainant was at least 16 but under 18 years 
 69.15  of age at the time of the sexual penetration, and: 
 69.16     (i) the actor or an accomplice used force or coercion to 
 69.17  accomplish the penetration; 
 69.18     (ii) the complainant suffered personal injury; or 
 69.19     (iii) the sexual abuse involved multiple acts committed 
 69.20  over an extended period of time.  
 69.21     Neither mistake as to the complainant's age nor consent to 
 69.22  the act by the complainant is a defense; 
 69.23     (h) the actor is a licensed or unlicensed psychotherapist 
 69.24  and the complainant is a patient of the licensed or unlicensed 
 69.25  psychotherapist and the sexual penetration occurred: 
 69.26     (i) during the psychotherapy session; or 
 69.27     (ii) outside the psychotherapy session if an ongoing 
 69.28  psychotherapist-patient relationship exists.  
 69.29     Consent by the complainant is not a defense; 
 69.30     (i) the actor is a licensed or unlicensed psychotherapist 
 69.31  and the complainant is a former patient of the licensed or 
 69.32  unlicensed psychotherapist and the former patient is emotionally 
 69.33  dependent upon the licensed or unlicensed psychotherapist; 
 69.34     (j) the actor is a licensed or unlicensed psychotherapist 
 69.35  and the complainant is a patient or former patient and the 
 69.36  sexual penetration occurred by means of therapeutic deception.  
 70.1   Consent by the complainant is not a defense; 
 70.2      (k) the actor accomplishes the sexual penetration by means 
 70.3   of deception or false representation that the penetration is for 
 70.4   a bona fide medical purpose.  Consent by the complainant is not 
 70.5   a defense; or 
 70.6      (1) the actor is or purports to be a member of the clergy, 
 70.7   the complainant is not married to the actor, and: 
 70.8      (i) the sexual penetration occurred during the course of a 
 70.9   meeting in which the complainant sought or received religious or 
 70.10  spiritual advice, aid, or comfort from the actor in private; or 
 70.11     (ii) the sexual penetration occurred during a period of 
 70.12  time in which the complainant was meeting on an ongoing basis 
 70.13  with the actor to seek or receive religious or spiritual advice, 
 70.14  aid, or comfort in private. 
 70.15     Consent by the complainant is not a defense.  
 70.16     Sec. 82.  Minnesota Statutes 1998, section 609.345, 
 70.17  subdivision 1, is amended to read: 
 70.18     Subdivision 1.  [CRIME DEFINED.] A person who engages in 
 70.19  sexual contact with another person is guilty of criminal sexual 
 70.20  conduct in the fourth degree if any of the following 
 70.21  circumstances exists: 
 70.22     (a) the complainant is under 13 years of age and the actor 
 70.23  is no more than 36 months older than the complainant.  Neither 
 70.24  mistake as to the complainant's age or consent to the act by the 
 70.25  complainant is a defense.  In a prosecution under this clause, 
 70.26  the state is not required to prove that the sexual contact was 
 70.27  coerced; 
 70.28     (b) the complainant is at least 13 but less than 16 years 
 70.29  of age and the actor is more than 48 months older than the 
 70.30  complainant or in a position of authority over the complainant.  
 70.31  Consent by the complainant to the act is not a defense.  In any 
 70.32  such case, it shall be an affirmative defense which must be 
 70.33  proved by a preponderance of the evidence that the actor 
 70.34  believes the complainant to be 16 years of age or older; 
 70.35     (c) the actor uses force or coercion to accomplish the 
 70.36  sexual contact; 
 71.1      (d) the actor knows or has reason to know that the 
 71.2   complainant is mentally impaired, mentally incapacitated, or 
 71.3   physically helpless; 
 71.4      (e) the complainant is at least 16 but less than 18 years 
 71.5   of age and the actor is more than 48 months older than the 
 71.6   complainant and in a position of authority over the complainant. 
 71.7   Neither mistake as to the complainant's age nor consent to the 
 71.8   act by the complainant is a defense; 
 71.9      (f) the actor has a significant relationship to the 
 71.10  complainant and the complainant was at least 16 but under 18 
 71.11  years of age at the time of the sexual contact.  Neither mistake 
 71.12  as to the complainant's age nor consent to the act by the 
 71.13  complainant is a defense; 
 71.14     (g) the actor has a significant relationship to the 
 71.15  complainant, the complainant was at least 16 but under 18 years 
 71.16  of age at the time of the sexual contact, and: 
 71.17     (i) the actor or an accomplice used force or coercion to 
 71.18  accomplish the contact; 
 71.19     (ii) the complainant suffered personal injury; or 
 71.20     (iii) the sexual abuse involved multiple acts committed 
 71.21  over an extended period of time.  
 71.22     Neither mistake as to the complainant's age nor consent to 
 71.23  the act by the complainant is a defense; 
 71.24     (h) the actor is a licensed or unlicensed psychotherapist 
 71.25  and the complainant is a patient of the licensed or unlicensed 
 71.26  psychotherapist and the sexual contact occurred: 
 71.27     (i) during the psychotherapy session; or 
 71.28     (ii) outside the psychotherapy session if an ongoing 
 71.29  psychotherapist-patient relationship exists. 
 71.30     Consent by the complainant is not a defense; 
 71.31     (i) the actor is a licensed or unlicensed psychotherapist 
 71.32  and the complainant is a former patient of the licensed or 
 71.33  unlicensed psychotherapist and the former patient is emotionally 
 71.34  dependent upon the licensed or unlicensed psychotherapist; 
 71.35     (j) the actor is a licensed or unlicensed psychotherapist 
 71.36  and the complainant is a patient or former patient and the 
 72.1   sexual contact occurred by means of therapeutic deception.  
 72.2   Consent by the complainant is not a defense; 
 72.3      (k) the actor accomplishes the sexual contact by means of 
 72.4   deception or false representation that the contact is for a bona 
 72.5   fide medical purpose.  Consent by the complainant is not a 
 72.6   defense; or 
 72.7      (1) the actor is or purports to be a member of the clergy, 
 72.8   the complainant is not married to the actor, and: 
 72.9      (i) the sexual contact occurred during the course of a 
 72.10  meeting in which the complainant sought or received religious or 
 72.11  spiritual advice, aid, or comfort from the actor in private; or 
 72.12     (ii) the sexual contact occurred during a period of time in 
 72.13  which the complainant was meeting on an ongoing basis with the 
 72.14  actor to seek or receive religious or spiritual advice, aid, or 
 72.15  comfort in private. 
 72.16     Consent by the complainant is not a defense.  
 72.17     Sec. 83.  Minnesota Statutes 1998, section 611A.19, 
 72.18  subdivision 1, is amended to read: 
 72.19     Subdivision 1.  [TESTING ON REQUEST OF VICTIM.] (a) Upon 
 72.20  the request or with the consent of the victim, the prosecutor 
 72.21  shall make a motion in camera and the sentencing court shall 
 72.22  issue an order requiring an adult convicted of or a juvenile 
 72.23  adjudicated delinquent for violating section 609.342 (criminal 
 72.24  sexual conduct in the first degree), 609.343 (criminal sexual 
 72.25  conduct in the second degree), 609.344 (criminal sexual conduct 
 72.26  in the third degree), 609.345 (criminal sexual conduct in the 
 72.27  fourth degree), or any other violent crime, as defined in 
 72.28  section 609.1095, to submit to testing to determine the presence 
 72.29  of human immunodeficiency virus (HIV) antibody if:  
 72.30     (1) the crime involved sexual penetration, however slight, 
 72.31  as defined in section 609.341, subdivision 12; or 
 72.32     (2) evidence exists that the broken skin or mucous membrane 
 72.33  of the victim was exposed to or had contact with the offender's 
 72.34  semen or blood during the commission of the crime in a manner 
 72.35  which has been demonstrated epidemiologically to transmit the 
 72.36  human immunodeficiency virus (HIV).  
 73.1      (b) When the court orders an offender to submit to testing 
 73.2   under paragraph (a), the court shall order that the test be 
 73.3   performed by an appropriate health professional who is trained 
 73.4   to provide the counseling described in section 144.763, and that 
 73.5   no reference to the test, the motion requesting the test, the 
 73.6   test order, or the test results may appear in the criminal 
 73.7   record or be maintained in any record of the court or court 
 73.8   services.  
 73.9      Sec. 84.  Minnesota Statutes 1998, section 611A.19, 
 73.10  subdivision 2, is amended to read: 
 73.11     Subd. 2.  [DISCLOSURE OF TEST RESULTS.] The date and 
 73.12  results of a test performed under subdivision 1 are private data 
 73.13  as defined in section 13.02, subdivision 12, when maintained by 
 73.14  a person subject to chapter 13, or may be released only with the 
 73.15  subject's consent, if maintained by a person not subject to 
 73.16  chapter 13.  The results are available, on request, to the 
 73.17  victim or, if the victim is a minor, to the victim's parent or 
 73.18  guardian and positive test results shall be reported to the 
 73.19  commissioner of health.  Any test results given to a victim or 
 73.20  victim's parent or guardian shall be provided by a health 
 73.21  professional who is trained to provide the counseling described 
 73.22  in section 144.763.  Data regarding administration and results 
 73.23  of the test are not accessible to any other person for any 
 73.24  purpose and shall not be maintained in any record of the court 
 73.25  or court services or any other record.  After the test results 
 73.26  are given to the victim or the victim's parent or guardian, data 
 73.27  on the test must be removed from any medical data or health 
 73.28  records maintained under section 13.42 or 144.335 and destroyed. 
 73.29     Sec. 85.  [REPEALER.] 
 73.30     Minnesota Statutes 1998, sections 144.761; 144.762; 
 73.31  144.763; 144.764; 144.765; 144.766; 144.767; 144.768; 144.769; 
 73.32  144.7691; 145.882, subdivisions 3 and 4; and 148C.04, 
 73.33  subdivision 5, are repealed.