2004 Minnesota Statutes

CHAPTER 148C. Alcohol and drug counselors, licensing

     148C.01 Definitions. 

    Subdivision 1.    Definitions.  For the purposes of 
 sections 148C.01 to 148C.11 and 595.02, subdivision 1, the 
 following terms have the meanings given them.  

    Subd. 1a.    Accrediting association.  "Accrediting 
 association" means an organization recognized by the 
 commissioner that evaluates schools and education programs of 
 alcohol and drug counseling or is listed in Nationally 
 Recognized Accrediting Agencies and Associations, Criteria and 
 Procedures for Listing by the U.S. Secretary of Education and 
 Current List (1996), which is incorporated by reference.  

    Subd. 2.    Alcohol and drug counselor.  "Alcohol and 
 drug counselor" or "counselor" means a person who: 

    (1) uses, as a representation to the public, any title, 
 initials, or description of services incorporating the words 
 "alcohol and drug counselor"; 

    (2) offers to render professional alcohol and drug 
 counseling services relative to the abuse of or the dependency 
 on alcohol or other drugs to the general public or groups, 
 organizations, corporations, institutions, or government 
 agencies for compensation, implying that the person is licensed 
 and trained, experienced or expert in alcohol and drug 
 counseling; 

    (3) holds a valid license issued under this chapter to 
 engage in the practice of alcohol and drug counseling; or 

    (4) is an applicant for an alcohol and drug counseling 
 license.  

    Subd. 2a.    Alcohol and drug counselor academic course 
 work.  "Alcohol and drug counselor academic course work" means 
 classroom education, which is directly related to alcohol and 
 drug counseling and meets the requirements of section 148C.04, 
 subdivision 5a, and is taken through an accredited school or 
 educational program.  

    Subd. 2b.    Alcohol and drug counselor continuing 
 education activity.  "Alcohol and drug counselor continuing 
 education activity" means clock hours that meet the requirements 
 of section 148C.075 and Minnesota Rules, part 4747.1100, and are 
 obtained by a licensee at educational programs of annual 
 conferences, lectures, panel discussions, workshops, seminars, 
 symposiums, employer-sponsored inservices, or courses taken 
 through accredited schools or education programs, including home 
 study courses.  A home study course need not be provided by an 
 accredited school or education program to meet continuing 
 education requirements.  

    Subd. 2c.    Alcohol and drug counselor technician.  
 "Alcohol and drug counselor technician" means a person not 
 licensed as an alcohol and drug counselor who is performing acts 
 authorized under section 148C.045.  

    Subd. 2d.    Alcohol and drug counselor training.  
 "Alcohol and drug counselor training" means clock hours obtained 
 by an applicant at educational programs of annual conferences, 
 lectures, panel discussions, workshops, seminars, symposiums, 
 employer-sponsored inservices, or courses taken through 
 accredited schools or education programs, including home study 
 courses.  Clock hours obtained from accredited schools or 
 education programs must be measured under Minnesota Rules, part 
 4747.1100, subpart 5.  

    Subd. 2e.    Board.  "Board" means the Board of 
 Behavioral Health and Therapy established by section 148B.51.  

    Subd. 2f.    Clock hour.  "Clock hour" means an 
 instructional session of 50 consecutive minutes, excluding 
 coffee breaks, registration, meals without a speaker, and social 
 activities.  

    Subd. 2g.    Credential.  "Credential" means a license, 
 permit, certification, registration, or other evidence of 
 qualification or authorization to engage in the practice of an 
 occupation.  

    Subd. 3. Repealed by amendment, 1995 c 164 s 3 

    Subd. 4.    Dependency.  "Dependency" means a 
 maladaptive pattern of substance use, leading to clinically 
 significant impairment or distress, as manifested by three or 
 more of the following occurring at any time in the same 12-month 
 period: 

    (a) tolerance, as defined by either of the following: 

    (1) a need for markedly increased amounts of the substance 
 to achieve intoxication or desired effect; or 

    (2) a markedly diminished effect with continued use of the 
 same amount of the substance; 

    (b) withdrawal, as manifested by either of the following: 

    (1) the characteristic withdrawal syndrome for the 
 substance, as referred to in the most current edition of the 
 Diagnostic and Statistical Manual of Mental Disorders; or 

    (2) the same or closely related substance is taken to 
 relieve or avoid withdrawal symptoms; 

    (c) the substance is often taken in larger amounts or over 
 a longer period than was intended; 

    (d) a persistent desire or unsuccessful efforts to cut down 
 or control substance use; 

    (e) a great deal of time is spent in activities necessary 
 to obtain the substance, use the substance, or recover from its 
 effects; 

    (f) important social, occupational, or recreational 
 activities are given up or reduced because of the substance use; 
 or 

    (g) substance use continues despite knowledge of having had 
 a persistent or recurrent physical or psychological problem that 
 was likely to have been caused or exacerbated by the substance. 

    Subd. 4a.    Licensee.  "Licensee" means a person who 
 holds a valid license under this chapter.  

    Subd. 5.    Abuse.  "Abuse" means a maladaptive pattern 
 of substance use leading to clinically significant impairment or 
 distress, as manifested by one or more of the following 
 occurring at any time during the same 12-month period:  

    (1) recurrent substance use resulting in a failure to 
 fulfill major role obligations at work, school, or home; 

    (2) recurrent substance use in situations in which it is 
 physically hazardous; 

    (3) recurrent substance-related legal problems; and 

    (4) continued substance use despite having persistent or 
 recurrent social or interpersonal problems caused or exacerbated 
 by the effects of the substance. 

 For substance use to be considered abuse, the individual must 
 never have met the criteria for dependence in subdivision 4 for 
 the class of substance in question.  

    Subd. 6.    Commissioner.  "Commissioner" means the 
 commissioner of health, or a designee. 

    Subd. 7.    Accredited school or educational program.  
 "Accredited school or educational program" means a school of 
 alcohol and drug counseling, university, college, or other 
 postsecondary education program that, at the time the student 
 completes the program, is accredited by a regional accrediting 
 association whose standards are substantially equivalent to 
 those of the North Central Association of Colleges and 
 Postsecondary Education Institutions or an accrediting 
 association that evaluates schools of alcohol and drug 
 counseling for inclusion of the education, practicum, and core 
 function standards in this chapter.  

    Subd. 8. Repealed, 1995 c 164 s 35 

    Subd. 9.    Core functions.  "Core functions" means the 
 following services provided in alcohol and drug treatment:  

    (1) "Screening" means the process by which a client is 
 determined appropriate and eligible for admission to a 
 particular program. 

    (2) "Intake" means the administrative and initial 
 assessment procedures for admission to a program. 

    (3) "Orientation" means describing to the client the 
 general nature and goals of the program; rules governing client 
 conduct and infractions that can lead to disciplinary action or 
 discharge from the program; in a nonresidential program, the 
 hours during which services are available; treatment costs to be 
 borne by the client, if any; and client's rights. 

    (4) "Assessment" means those procedures by which a 
 counselor identifies and evaluates an individual's strengths, 
 weaknesses, problems, and needs to develop a treatment plan or 
 make recommendations for level of care placement. 

    (5) "Treatment planning" means the process by which the 
 counselor and the client identify and rank problems needing 
 resolution; establish agreed upon immediate and long-term goals; 
 and decide on a treatment process and the sources to be utilized.

    (6) "Counseling" means the utilization of special skills to 
 assist individuals, families, or groups in achieving objectives 
 through exploration of a problem and its ramifications; 
 examination of attitudes and feelings; consideration of 
 alternative solutions; and decision making. 

    (7) "Case management" means activities which bring 
 services, agencies, resources, or people together within a 
 planned framework of action toward the achievement of 
 established goals. 

    (8) "Crisis intervention" means those services which 
 respond to an alcohol or other drug user's needs during acute 
 emotional or physical distress. 

    (9) "Client education" means the provision of information 
 to clients who are receiving or seeking counseling concerning 
 alcohol and other drug abuse and the available services and 
 resources. 

    (10) "Referral" means identifying the needs of the client 
 which cannot be met by the counselor or agency and assisting the 
 client to utilize the support systems and available community 
 resources. 

    (11) "Reports and record keeping" means charting the 
 results of the assessment and treatment plan, writing reports, 
 progress notes, discharge summaries, and other client-related 
 data. 

    (12) "Consultation with other professionals regarding 
 client treatment and services" means communicating with other 
 professionals in regard to client treatment and services to 
 assure comprehensive, quality care for the client. 

    Subd. 10.    Practice of alcohol and drug counseling.  
 "Practice of alcohol and drug counseling" means the observation, 
 description, evaluation, interpretation, and modification of 
 human behavior as it relates to the harmful or pathological use 
 or abuse of alcohol or other drugs by the application of the 
 core functions.  The practice of alcohol and drug counseling 
 includes, but is not limited to, the following activities, 
 regardless of whether the counselor receives compensation for 
 the activities: 

    (1) assisting clients who use alcohol or drugs, evaluating 
 that use, and recognizing dependency if it exists; 

    (2) assisting clients with alcohol or other drug problems 
 to gain insight and motivation aimed at resolving those 
 problems; 

    (3) providing experienced professional guidance, 
 assistance, and support for the client's efforts to develop and 
 maintain a responsible functional lifestyle; 

    (4) recognizing problems outside the scope of the 
 counselor's training, skill, or competence and referring the 
 client to other appropriate professional services; 

    (5) assessing the level of alcohol or other drug use 
 involvement; 

    (6) individual planning to prevent a return to harmful 
 alcohol or chemical use; 

    (7) alcohol and other drug abuse education for clients; 

    (8) consultation with other professionals; 

    (9) gaining cultural competence through ongoing training 
 and education according to standards established by rule; and 

    (10) providing the above services, as needed, to family 
 members or others who are directly affected by someone using 
 alcohol or other drugs. 

    Subd. 11.    Sexual contact.  "Sexual contact" means 
 contact as defined in section 148A.01 with a client or former 
 client, or engaging in contact that may reasonably be 
 interpreted by a client as sexual, or engaging in any verbal 
 behavior that is seductive or sexually demeaning to the client, 
 or engaging in sexual exploitation of a client or former client. 

    Subd. 11a.    Student.  "Student" means a person 
 enrolled in an alcohol and drug counselor education program at 
 an accredited school or educational program and earning a 
 minimum of nine semester credits per calendar year towards 
 completion of an associate's, bachelor's, master's, or doctorate 
 degree requirements that include an additional 18 semester 
 credits or 270 clock hours of alcohol and drug counseling 
 specific course work and 440 clock hours of practicum.  

    Subd. 12.    Supervised alcohol and drug counselor.  
 "Supervised alcohol and drug counselor" means a student, either 
 before, during, or after the student completes a program from an 
 accredited school or educational program of alcohol and drug 
 counseling, an intern, or a person issued a temporary permit 
 under section 148C.04, subdivision 4, and who is supervised by a 
 person either licensed under this chapter or exempt under its 
 provisions. 

    Subd. 12a.    Supervisor.  "Supervisor" means a licensed 
 alcohol and drug counselor licensed under this chapter or other 
 licensed professional practicing alcohol and drug counseling 
 under section 148C.11 who monitors activities of and accepts 
 legal liability for the person practicing under supervision.  A 
 supervisor shall supervise no more than three trainees 
 practicing under section 148C.04, subdivision 6.  

    Subd. 13.    Alcohol and drug counseling practicum.  
 "Alcohol and drug counseling practicum" means formal experience 
 gained by a student and supervised by a person either licensed 
 under this chapter or exempt under its provisions, in an 
 accredited school or educational program of alcohol and drug 
 counseling as part of the education requirements of this chapter.

    Subd. 14.    Applicant.  "Applicant" means a person 
 seeking a license under this chapter. 

    Subd. 15.    Client.  "Client" means an individual who 
 is the recipient of any of the alcohol and drug counseling 
 services described in this section. 

    Subd. 16.    Compensation.  "Compensation" means a fee, 
 salary, reward, payment, or the expectation of payment from a 
 client or a client's agent, insurer, employer, or other 
 representative for providing alcohol and drug counseling 
 services.  Compensation does not include bartering for services. 

    Subd. 17.    Alcohol and drug counselor internship.  
 "Alcohol and drug counselor internship" means supervised, 
 practical, on-the-job training as an intern, volunteer, or 
 employee in alcohol and drug counseling. 

    Subd. 18.    Psychometrically valid and reliable.  
 "Psychometrically valid and reliable" means developed on the 
 basis of role delineation, validation, reliability, passing 
 point, and sensitivity review factors, according to generally 
 accepted standards. 

    HIST: 1986 c 444; 1992 c 559 art 2 s 1; 1Sp1993 c 1 art 3 s 
 2,3; 1995 c 164 s 3; 1996 c 451 art 4 s 32-34; 2000 c 460 s 
 36-40; 2003 c 118 s 17; 1Sp2003 c 14 art 5 s 1-12 

*   NOTE:  Subdivision 2e, as added by Laws 2003, chapter 118, 
*section 17, is effective July 1, 2005.  Laws 2003, chapter 118, 
*section 17, the effective date. 

*   NOTE:  Subdivision 6 is repealed by Laws 2003, chapter 118, 
*section 29, paragraph (b), as amended by Laws 2004, chapter 279, article 
*5, section 10, effective July 1, 2005.  Laws 2003, 
*chapter 118, section 29, paragraph (b), the effective date, as amended 
*by Laws 2004, chapter 279, article 5, section 10. 

     148C.015 Scope; definitions. 

    Before engaging in the practice of alcohol and drug 
 counseling as defined in section 148C.01, all persons, except as 
 provided in section 148C.11, regardless of their titles, must 
 obtain a license as provided in this chapter. 

    HIST: 1995 c 164 s 4 

     148C.02 Alcohol and Drug Counselors Licensing Advisory 
  Council. 

    Subdivision 1.    Membership.  The Alcohol and Drug 
 Counselors Licensing Advisory Council consists of 13 members.  
 The commissioner shall appoint: 

    (1) except for those members initially appointed, seven 
 members who must be licensed alcohol and drug counselors; 

    (2) three members who must be public members as defined by 
 section 214.02; 

    (3) one member who must be a director or coordinator of an 
 accredited alcohol and drug dependency training program; and 

    (4) one member who must be a former consumer of alcohol and 
 drug dependency counseling service and who must have received 
 the service more than three years before the person's 
 appointment. 

    The American Indian Advisory Committee to the Department of 
 Human Services Chemical Dependency Office shall appoint the 
 remaining member. 

    Subd. 2.    Duties.  The advisory council shall: 

    (1) provide advice and recommendations to the commissioner 
 on the development of rules for the licensure of alcohol and 
 drug counselors; 

    (2) provide advice and recommendations to the commissioner 
 on the development of standards and procedures for the 
 competency testing, licensing, and review of alcohol and drug 
 counselors' professional conduct; 

    (3) provide advice and recommendations to the commissioner 
 in disciplinary cases in the areas of counselor competency 
 issues, counselor practice issues, and counselor impairment 
 issues. 

    Subd. 3.    Terms.  The terms, compensation, and removal 
 of members shall be as provided in section 15.059, except that 
 notwithstanding any contrary law, the advisory council shall not 
 expire. 

    HIST: 1992 c 559 art 2 s 2; 1Sp1993 c 1 art 3 s 4; 1995 c 164 
 s 5; 1996 c 451 art 4 s 35,36 

     148C.03 Duties of commissioner. 

    Subdivision 1.    General.  The commissioner shall, 
 after consultation with the advisory council or a committee 
 established by rule: 

    (a) adopt and enforce rules for licensure of alcohol and 
 drug counselors, including establishing standards and methods of 
 determining whether applicants and licensees are qualified under 
 section 148C.04.  The rules must provide for examinations and 
 establish standards for the regulation of professional conduct.  
 The rules must be designed to protect the public; 

    (b) develop and, at least twice a year, administer an 
 examination to assess applicants' knowledge and skills.  The 
 commissioner may contract for the administration of an 
 examination with an entity designated by the commissioner.  The 
 examinations must be psychometrically valid and reliable; must 
 be written and oral, with the oral examination based on a 
 written case presentation; must minimize cultural bias; and must 
 be balanced in various theories relative to the practice of 
 alcohol and drug counseling; 

    (c) issue licenses to individuals qualified under sections 
 148C.01 to 148C.11; 

    (d) issue copies of the rules for licensure to all 
 applicants; 

    (e) adopt rules to establish and implement procedures, 
 including a standard disciplinary process and rules of 
 professional conduct; 

    (f) carry out disciplinary actions against licensees; 

    (g) establish, with the advice and recommendations of the 
 advisory council, written internal operating procedures for 
 receiving and investigating complaints and for taking 
 disciplinary actions as appropriate; 

    (h) educate the public about the existence and content of 
 the rules for alcohol and drug counselor licensing to enable 
 consumers to file complaints against licensees who may have 
 violated the rules; 

    (i) evaluate the rules in order to refine and improve the 
 methods used to enforce the commissioner's standards; and 

    (j) collect license fees for alcohol and drug counselors. 

    Subd. 2. Repealed, 1995 c 164 s 35 

    Subd. 3. Repealed, 1995 c 164 s 35 

    Subd. 4.    Professional accountability.  The 
 commissioner shall maintain and keep current a file containing 
 the reports and complaints filed against alcohol and drug 
 counselors within the commissioner's jurisdiction. 

    HIST: 1992 c 559 art 2 s 3; 1Sp1993 c 1 art 3 s 5-7; 1995 c 
 164 s 6,7; 1996 c 305 art 1 s 42; 1996 c 451 art 4 s 37; 1997 c 
 187 art 2 s 6; 1998 c 317 s 12; 2000 c 460 s 41; 2001 c 138 s 1; 1Sp2003 
 c 14 art 5 s 13 

  148C.035 Repealed, 1995 c 164 s 35 

     148C.0351 Procedures for admission to licensure. 

    Subdivision 1.    Application forms.  Unless exempted 
 under section 148C.11, a person who practices alcohol and drug 
 counseling in Minnesota must: 

    (1) apply to the commissioner for a license to practice 
 alcohol and drug counseling on forms provided by the 
 commissioner; 

    (2) include with the application a statement that the 
 statements in the application are true and correct to the best 
 of the applicant's knowledge and belief; 

    (3) include with the application a nonrefundable 
 application fee specified in section 148C.12; 

    (4) include with the application information describing the 
 applicant's experience, including the number of years and months 
 the applicant has practiced alcohol and drug counseling as 
 defined in section 148C.01; 

    (5) include with the application the applicant's business 
 address and telephone number, or home address and telephone 
 number if the applicant conducts business out of the home, and 
 if applicable, the name of the applicant's supervisor, manager, 
 and employer; 

    (6) include with the application a written and signed 
 authorization for the commissioner to make inquiries to 
 appropriate state regulatory agencies and private credentialing 
 organizations in this or any other state where the applicant has 
 practiced alcohol and drug counseling; and 

    (7) complete the application in sufficient detail for the 
 commissioner to determine whether the applicant meets the 
 requirements for filing.  The commissioner may ask the applicant 
 to provide additional information necessary to clarify 
 incomplete or ambiguous information submitted in the application.

    Subd. 2. Repealed, 1Sp2003 c 14 art 5 s 30 

    Subd. 3.    Requirement to maintain current information. 
  An alcohol and drug counselor must notify the commissioner 
 within 30 days of the occurrence of any of the following: 

    (1) a change of name, address, place of employment, and 
 home or business telephone number; and 

    (2) a settlement or award based on negligent or intentional 
 acts committed in providing alcohol and drug counseling services.

    Subd. 4.    Initial license; term.  (a) An initial 
 license is effective on the date the commissioner indicates on 
 the license certificate, with the license number, sent to the 
 applicant upon approval of the application.  

    (b) An initial license is valid for a period beginning with 
 the effective date in paragraph (a) and ending on the date 
 specified by the commissioner on the license certificate placing 
 the applicant in an existing two-year renewal cycle, as 
 established under section 148C.05, subdivision 1.  

    HIST: 1995 c 164 s 8; 1Sp2003 c 14 art 5 s 14,15 

     148C.0355 Commissioner action on applications for 
  licensure. 

    The commissioner shall act on each application for 
 licensure within 90 days from the date the completed application 
 and all required information is received by the commissioner.  
 The commissioner shall determine if the applicant meets the 
 requirements for licensure and whether there are grounds for 
 denial of licensure under this chapter.  If the commissioner 
 denies an application on grounds other than the applicant's 
 failure of an examination, the commissioner shall:  

    (1) notify the applicant, in writing, of the denial and the 
 reason for the denial and provide the applicant 30 days from the 
 date of the letter informing the applicant of the denial in 
 which the applicant may provide additional information to 
 address the reasons for the denial.  If the applicant does not 
 respond in writing to the commissioner within the 30-day period, 
 the denial is final.  If the commissioner receives additional 
 information, the commissioner shall review it and make a final 
 determination thereafter; 

    (2) notify the applicant that an application submitted 
 following denial is a new application and must be accompanied by 
 the appropriate fee as specified in section 148C.12; and 

    (3) notify the applicant of the right to request a hearing 
 under chapter 14.  

    HIST: 1Sp2003 c 14 art 5 s 16 

     148C.04 Requirements for licensure. 

    Subdivision 1.    General requirements.  The 
 commissioner shall issue licenses to the individuals qualified 
 under this chapter to practice alcohol and drug counseling. 

    Subd. 2.    Fee.  Each applicant shall pay a 
 nonrefundable fee as specified in section 148C.12.  Fees paid to 
 the commissioner shall be deposited in the special revenue fund. 

    Subd. 3.    Requirements for licensure before July 1, 
 2008.  An applicant for a license must furnish evidence 
 satisfactory to the commissioner that the applicant has met all 
 the requirements in clauses (1) to (3).  The applicant must have:

    (1) received an associate degree, or an equivalent number 
 of credit hours, and a certificate in alcohol and drug 
 counseling, including 18 semester credits or 270 clock hours of 
 academic course work in accordance with subdivision 5a, 
 paragraph (a), from an accredited school or educational program 
 and 880 clock hours of supervised alcohol and drug counseling 
 practicum; 

    (2) completed a written case presentation and 
 satisfactorily passed an oral examination established by the 
 commissioner that demonstrates competence in the core functions; 
 and 

    (3) satisfactorily passed a written examination as 
 established by the commissioner. 

    Subd. 4.    Requirements for licensure after July 1, 2008. 
  An applicant for a license must submit evidence to the 
 commissioner that the applicant has met one of the following 
 requirements: 

    (1) the applicant must have: 

    (i) received a bachelor's degree from an accredited school 
 or educational program, including 18 semester credits or 270 
 clock hours of academic course work in accordance with 
 subdivision 5a, paragraph (a), from an accredited school or 
 educational program and 880 clock hours of supervised alcohol 
 and drug counseling practicum; 

    (ii) completed a written case presentation and 
 satisfactorily passed an oral examination established by the 
 commissioner that demonstrates competence in the core functions; 
 and 

    (iii) satisfactorily passed a written examination as 
 established by the commissioner; or 

    (2) the applicant must meet the requirements of section 
 148C.07. 

    Subd. 5. Repealed, 2000 c 460 s 66 

    Subd. 5a.    Academic course work.  (a) Minimum academic 
 course work requirements for licensure as referred to under 
 subdivision 3, clause (1), and subdivision 4, clause (1), item 
 (i), must be in the following areas: 

    (1) overview of alcohol and drug counseling focusing on the 
 transdisciplinary foundations of alcohol and drug counseling and 
 providing an understanding of theories of chemical dependency, 
 the continuum of care, and the process of change; 

    (2) pharmacology of substance abuse disorders and the 
 dynamics of addiction; 

    (3) screening, intake, assessment, and treatment planning; 

    (4) counseling theory and practice, crisis intervention, 
 orientation, and client education; 

    (5) case management, consultation, referral, treatment 
 planning, reporting, record keeping, and professional and 
 ethical responsibilities; and 

    (6) multicultural aspects of chemical dependency to include 
 awareness of learning outcomes described in Minnesota Rules, 
 part 4747.1100, subpart 2, and the ability to know when 
 consultation is needed.  

    (b) Advanced academic course work includes, at a minimum, 
 the course work required in paragraph (a) and additional course 
 work in the following areas:  

    (1) advanced study in the areas listed in paragraph (a); 

    (2) chemical dependency and the family; 

    (3) treating substance abuse disorders in culturally 
 diverse and identified populations; 

    (4) dual diagnoses/co-occurring disorders with substance 
 abuse disorders; and 

    (5) ethics and chemical dependency. 

    Subd. 6.    Temporary permit requirements.  (a) The 
 commissioner shall issue a temporary permit to practice alcohol 
 and drug counseling prior to being licensed under this chapter 
 if the person: 

    (1) either: 

    (i) submits verification of a current and unrestricted 
 credential for the practice of alcohol and drug counseling from 
 a national certification body or a certification or licensing 
 body from another state, United States territory, or federally 
 recognized tribal authority; 

    (ii) submits verification of the completion of at least 64 
 semester credits, including 270 clock hours or 18 semester 
 credits of formal classroom education in alcohol and drug 
 counseling and at least 880 clock hours of alcohol and drug 
 counseling practicum from an accredited school or educational 
 program; 

    (iii) applies to renew a lapsed license according to the 
 requirements of section 148C.055, subdivision 3, clauses (1) and 
 (2), or section 148C.055, subdivision 4, clauses (1) and (2); or 

    (iv) meets the requirements of section 148C.11, subdivision 
 6, clauses (1), (2), and (5); 

    (2) applies, in writing, on an application form provided by 
 the commissioner, which includes the nonrefundable temporary 
 permit fee as specified in section 148C.12 and an affirmation by 
 the person's supervisor, as defined in paragraph (c), clause 
 (1), which is signed and dated by the person and the person's 
 supervisor; and 

    (3) has not been disqualified to practice temporarily on 
 the basis of a background investigation under section 148C.09, 
 subdivision 1a.  

    (b) The commissioner must notify the person in writing 
 within 90 days from the date the completed application and all 
 required information is received by the commissioner whether the 
 person is qualified to practice under this subdivision. 

    (c) A person practicing under this subdivision: 

    (1) may practice under tribal jurisdiction or under the 
 direct supervision of a person who is licensed under this 
 chapter; 

    (2) is subject to the Rules of Professional Conduct set by 
 rule; and 

    (3) is not subject to the continuing education requirements 
 of section 148C.075. 

    (d) A person practicing under this subdivision must use the 
 title or description stating or implying that the person is a 
 trainee engaged in the practice of alcohol and drug counseling. 

    (e) A person practicing under this subdivision must 
 annually submit a renewal application on forms provided by the 
 commissioner with the renewal fee required in section 148C.12, 
 subdivision 3, and the commissioner may renew the temporary 
 permit if the trainee meets the requirements of this 
 subdivision.  A trainee may renew a practice permit no more than 
 five times. 

    (f) A temporary permit expires if not renewed, upon a 
 change of employment of the trainee or upon a change in 
 supervision, or upon the granting or denial by the commissioner 
 of a license.  

    Subd. 7.    Effect and suspension of temporary permit.  
 Approval of a person's application for temporary permit creates 
 no rights to or expectation of approval from the commissioner 
 for licensure as an alcohol and drug counselor.  The 
 commissioner may suspend or restrict a person's temporary permit 
 status according to section 148C.09. 

    HIST: 1986 c 444; 1992 c 559 art 2 s 5; 1Sp1993 c 1 art 3 s 
 8-10; 1995 c 164 s 9-12; 1996 c 451 art 4 s 38-40; 1998 c 317 s 
 13; 2000 c 460 s 42-44; 2001 c 10 s 1-3; 1Sp2003 c 14 art 5 s 17; 
 2004 c 279 art 6 s 1 

     148C.045 Alcohol and drug counselor technician. 

    An alcohol and drug counselor technician may perform the 
 services described in section 148C.01, subdivision 9, paragraphs 
 (1), (2), and (3), while under the direct supervision of a 
 licensed alcohol and drug counselor.  

    HIST: 1Sp2003 c 14 art 5 s 18 

     148C.05 License renewal requirements; lapse. 

    Subdivision 1.    Biennial renewal.  A license must be 
 renewed every two years.  

    Subd. 1a.    Renewal requirements.  To renew a license, 
 an applicant must submit to the commissioner: 

    (1) a completed and signed application for license renewal, 
 including a signed consent authorizing the commissioner to 
 obtain information about the applicant from third parties, 
 including, but not limited to, employers, former employers, and 
 law enforcement agencies; 

    (2) the renewal fee required under section 148C.12; and 

    (3) additional information as requested by the commissioner 
 to clarify information presented in the renewal application.  
 The licensee must submit information within 30 days of the date 
 of the commissioner's request.  

    Subd. 2. Repealed, 1Sp2003 c 14 art 5 s 30 

    Subd. 3. Repealed, 1Sp2003 c 14 art 5 s 30 

    Subd. 4. Repealed, 1Sp2003 c 14 art 5 s 30 

    Subd. 5.    License renewal notice.  At least 60 
 calendar days before the renewal deadline date in subdivision 6, 
 the commissioner shall mail a renewal notice to the licensee's 
 last known address on file with the commissioner.  The notice 
 must include an application for license renewal, the renewal 
 deadline, and notice of fees required for renewal.  The 
 licensee's failure to receive notice does not relieve the 
 licensee of the obligation to meet the renewal deadline and 
 other requirements for license renewal.  

    Subd. 6.    Renewal deadline and lapse of licensure.  (a)
 Licensees must comply with paragraphs (b) to (d).  

    (b) Each license certificate must state an expiration 
 date.  An application for license renewal must be received by 
 the commissioner or postmarked at least 30 calendar days before 
 the expiration date.  If the postmark is illegible, the 
 application must be considered timely if received at least 21 
 calendar days before the expiration date.  

    (c) An application for license renewal not received within 
 the time required under paragraph (b) must be accompanied by a 
 late fee in addition to the renewal fee required in section 
 148C.12.  

    (d) A licensee's license lapses if the licensee fails to 
 submit to the commissioner a license renewal application by the 
 licensure expiration date.  A licensee shall not engage in the 
 practice of alcohol and drug counseling while the license is 
 lapsed.  A licensee whose license has lapsed may renew the 
 license by complying with section 148C.055.  

    HIST: 1992 c 559 art 2 s 6; 1Sp1993 c 1 art 3 s 11; 1995 c 164 
 s 13; 1996 c 451 art 4 s 41; 1998 c 317 s 14; 1Sp2003 c 14 art 5 
 s 19-22 

     148C.055 Inactive or lapsed license. 

    Subdivision 1.    Inactive license status.  Unless a 
 complaint is pending against the licensee, a licensee whose 
 license is in good standing may request, in writing, that the 
 license be placed on the inactive list.  If a complaint is 
 pending against a licensee, a license may not be placed on the 
 inactive list until action relating to the complaint is 
 concluded.  The commissioner must receive the request for 
 inactive status before expiration of the license.  A request for 
 inactive status received after the license expiration date must 
 be denied.  A licensee may renew a license that is inactive 
 under this subdivision by meeting the renewal requirements of 
 subdivision 2, except that payment of a late renewal fee is not 
 required.  A licensee must not practice alcohol and drug 
 counseling while the license is inactive.  

    Subd. 2.    Renewal of inactive license.  A licensee 
 whose license is inactive shall renew the inactive status by the 
 inactive status expiration date determined by the commissioner 
 or the license will lapse.  An application for renewal of 
 inactive status must include evidence satisfactory to the 
 commissioner that the licensee has completed 40 clock hours of 
 continuing professional education required in section 148C.075, 
 and be received by the commissioner at least 30 calendar days 
 before the expiration date.  If the postmark is illegible, the 
 application must be considered timely if received at least 21 
 calendar days before the expiration date.  Late renewal of 
 inactive status must be accompanied by a late fee as required in 
 section 148C.12.  

    Subd. 3.    Renewal of lapsed license.  An individual 
 whose license has lapsed for less than two years may renew the 
 license by submitting:  

    (1) a completed and signed license renewal application; 

    (2) the inactive license renewal fee or the renewal fee and 
 the late fee as required under section 148C.12; and 

    (3) proof of having met the continuing education 
 requirements in section 148C.075 since the individual's initial 
 licensure or last license renewal.  The license issued is then 
 effective for the remainder of the next two-year license cycle.  

    Subd. 4.    License renewal for two years or more after 
 license expiration date.  An individual who submitted a 
 license renewal two years or more after the license expiration 
 date must submit the following:  

    (1) a completed and signed application for licensure, as 
 required by section 148C.0351; 

    (2) the initial license fee as required in section 148C.12; 
 and 

    (3) verified documentation of having achieved a passing 
 score within the past year on an examination required by the 
 commissioner.  

    HIST: 1Sp2003 c 14 art 5 s 23 

  148C.06 Repealed, 1Sp2003 c 14 art 5 s 30 

     148C.07 Reciprocity. 

    (a) An individual who holds a current license or national 
 certification as an alcohol and drug counselor from another 
 jurisdiction must file with the commissioner a completed 
 application for licensure by reciprocity containing the 
 information required under this section.  

    (b) The applicant must request the credentialing authority 
 of the jurisdiction in which the credential is held to send 
 directly to the commissioner a statement that the credential is 
 current and in good standing, the applicant's qualifications 
 that entitled the applicant to the credential, and a copy of the 
 jurisdiction's credentialing laws and rules that were in effect 
 at the time the applicant obtained the credential.  

    (c) The commissioner shall issue a license if the 
 commissioner finds that the requirements, which the applicant 
 had to meet to obtain the credential from the other jurisdiction 
 were substantially similar to the current requirements for 
 licensure in this chapter, and the applicant is not otherwise 
 disqualified under section 148C.09.  

    HIST: 1992 c 559 art 2 s 8; 1995 c 164 s 15; 1Sp2003 c 14 art 
 5 s 24 

     148C.075 Continuing education requirements. 

    Subdivision 1.    General requirements.  The 
 commissioner shall establish a two-year continuing education 
 reporting schedule requiring licensees to report completion of 
 the requirements of this section.  Licensees must document 
 completion of a minimum of 40 clock hours of continuing 
 education activities each reporting period.  A licensee may be 
 given credit only for activities that directly relate to the 
 practice of alcohol and drug counseling, the core functions, or 
 the Rules of Professional Conduct in Minnesota Rules, part 
 4747.1400.  The continuing education reporting form must require 
 reporting of the following information:  

    (1) the continuing education activity title; 

    (2) a brief description of the continuing education 
 activity; 

    (3) the sponsor, presenter, or author; 

    (4) the location and attendance dates; 

    (5) the number of clock hours; and 

    (6) a statement that the information is true and correct to 
 the best knowledge of the licensee.  

    Only continuing education obtained during the previous 
 two-year reporting period may be considered at the time of 
 reporting.  Clock hours must be earned and reported in 
 increments of one-half clock hour with a minimum of one clock 
 hour for each continuing education activity.  

    Subd. 2.    Continuing education requirements for 
 licensee's first four years.  A licensee must, as part of 
 meeting the clock hour requirement of this section, obtain and 
 document 18 hours of cultural diversity training within the 
 first four years after the licensee's initial license effective 
 date according to the commissioner's reporting schedule.  
 Cultural diversity training includes gaining knowledge in areas 
 described in Minnesota Rules, part 4747.1100, subpart 2, and in 
 identified population groups defined in Minnesota Rules, part 
 4747.0030, subpart 20. 

    Subd. 3.    Continuing education requirements after 
 licensee's initial four years.  Beginning four years following 
 a licensee's initial license effective date and according to the 
 board's reporting schedule, a licensee must document completion 
 of a minimum of six clock hours each reporting period of 
 cultural diversity training.  Licensees must also document 
 completion of six clock hours in courses directly related to the 
 Rules of Professional Conduct in Minnesota Rules, part 4747.1400.

    Subd. 4.    Standards for approval.  In order to obtain 
 clock hour credit for a continuing education activity, the 
 activity must: 

    (1) constitute an organized program of learning; 

    (2) reasonably be expected to advance the knowledge and 
 skills of the alcohol and drug counselor; 

    (3) pertain to subjects that directly relate to the 
 practice of alcohol and drug counseling and the core functions 
 of an alcohol and drug counselor, or the Rules of Professional 
 Conduct in Minnesota Rules, part 4747.1400; 

    (4) be conducted by individuals who have education, 
 training, and experience and are knowledgeable about the subject 
 matter; and 

    (5) be presented by a sponsor who has a system to verify 
 participation and maintains attendance records for three years, 
 unless the sponsor provides dated evidence to each participant 
 with the number of clock hours awarded.  

    Subd. 5.    Course work.  A licensee may obtain a 
 maximum of six clock hours in any two-year continuing education 
 period for teaching course work in an accredited school or 
 educational program that meets the requirements of section 
 148C.04, subdivision 5a.  A licensee may earn a maximum of two 
 clock hours as preparation time for each clock hour of 
 presentation time.  Clock hours may be claimed only once per 
 course in any two-year continuing education period.  The 
 licensee shall maintain a course schedule or brochure for audit. 

    HIST: 1Sp2003 c 14 art 5 s 25; 2004 c 279 art 6 s 2,3 

     148C.08 Nontransferability of licenses. 

    An alcohol and drug counselor license is not transferable. 

    HIST: 1992 c 559 art 2 s 9; 1995 c 164 s 16 

     148C.09 Denial, suspension, or revocation of license. 

    Subdivision 1.    Grounds.  The commissioner may refuse 
 to grant a license to, or may suspend, revoke, or restrict the 
 license of an individual if the commissioner determines that a 
 licensee or applicant:  

    (1) is incompetent to engage in alcohol and drug counseling 
 practice or is found to be engaged in alcohol and drug 
 counseling practice in a manner harmful or dangerous to a client 
 or the public; 

    (2) has violated the rules of the commissioner or the 
 statutes the commissioner is empowered to enforce; or any law, 
 rule order, stipulation and consent order, agreement, or 
 settlement; 

    (3) has obtained or attempted to obtain a license or 
 license renewal by bribery or fraudulent misrepresentation; 

    (4) has knowingly made a false statement on the form 
 required to be submitted to the commissioner for licensing or 
 license renewal; 

    (5) has failed to obtain continuing education credits 
 required by the commissioner; 

    (6) has failed to demonstrate the qualifications or satisfy 
 the requirements for a license contained in this chapter or 
 rules of the commissioner.  The burden of proof shall be upon 
 the applicant to demonstrate qualifications or satisfaction of 
 requirements; 

    (7) has been convicted of a crime, including a finding or 
 verdict of guilt, an admission of guilt, or a no contest plea, 
 in any court in Minnesota or any other jurisdiction in the 
 United States, reasonably related to the provision of alcohol 
 and drug counseling services.  Conviction, as used in this 
 subdivision, includes conviction of an offense which, if 
 committed in this state, would be deemed a felony or gross 
 misdemeanor without regard to its designation elsewhere, or a 
 criminal proceeding where a finding or verdict of guilty is made 
 or returned but the adjudication of guilt is either withheld or 
 not entered; 

    (8) has been convicted of a crime against another person.  
 For purposes of this chapter, a crime against another person 
 means an offense listed in section 148B.68, subdivision 1, 
 paragraph (b); 

    (9) has failed to comply with the self-reporting 
 requirements of section 148C.095, subdivision 7; 

    (10) has engaged in sexual contact with a client, or a 
 former client, as defined in section 148A.01, or has engaged in 
 conduct that may be reasonably interpreted by a client as 
 sexual, or has engaged in any verbal behavior that is seductive 
 or sexually demeaning to the client, or has engaged in sexual 
 exploitation of a client or former client; 

    (11) has engaged in false, fraudulent, deceptive, or 
 misleading advertising; 

    (12) has engaged in conduct likely to deceive, defraud, or 
 harm the public; or has demonstrated a willful or careless 
 disregard for the health, welfare, or safety of a client; or any 
 other practice that may create unnecessary danger to any 
 client's life, health, or safety, in any of which cases, proof 
 of actual injury need not be established; 

    (13) has been adjudicated as mentally incompetent, or as a 
 person who has a psychopathic personality, or who is dangerous 
 to self, or has been adjudicated as a person who is chemically 
 dependent, mentally ill, mentally retarded, or mentally ill and 
 dangerous to the public pursuant to chapter 253B; 

    (14) is unable to provide alcohol and drug counseling 
 services with reasonable safety to clients; 

    (15) has habitually overindulged in the use of or the 
 dependence on alcohol within the past two years; 

    (16) has engaged in the improper or unauthorized personal 
 or other use of any legend drugs as defined in section 151.01, 
 any chemicals as defined in section 151.01, or any controlled 
 substance as defined in section 152.01 within the past two 
 years; 

    (17) reveals a communication from, or relating to, a client 
 except when required or permitted by law; 

    (18) fails to comply with a client's request for health 
 records made under section 144.335, or to furnish a client 
 record or report required by law; 

    (19) has engaged in fee splitting or promises to pay a 
 portion of a fee to any other professional other than for 
 services rendered by the other professional to the client; 

    (20) has engaged in abusive or fraudulent billing 
 practices, including violations of the federal Medicare and 
 Medicaid laws or state medical assistance laws; 

    (21) fails to make reports as required by section 148C.095, 
 or cooperate with an investigation of the commissioner; 

    (22) obtains money, property, or services from a client, 
 other than reasonable fees for services provided to the client, 
 through the use of undue influence, harassment, duress, 
 deception, or fraud; 

    (23) undertakes or continues a professional relationship 
 with a client in which the objectivity of the alcohol and drug 
 counselor may be impaired; 

    (24) engages in conduct that constitutes grounds for 
 discipline as established by the commissioner in rule; or 

    (25) engages in bartering for services with a client. 

    Subd. 1a.    Background investigation.  The applicant 
 must sign a release authorizing the commissioner to obtain 
 information from the Bureau of Criminal Apprehension, the 
 Federal Bureau of Investigation, the Office of Mental Health 
 Practice, the Department of Human Services, the Office of Health 
 Facilities Complaints, and other agencies specified in the 
 rules.  After the commissioner has given written notice to an 
 individual who is the subject of a background investigation, the 
 agencies shall assist the commissioner with the investigation by 
 giving the commissioner criminal conviction data, reports about 
 substantiated maltreatment of minors and vulnerable adults, and 
 other information specified in the rules.  The commissioner may 
 contract with the commissioner of human services to obtain 
 criminal history data from the Bureau of Criminal Apprehension. 

    Subd. 2.    Appeal; restoring a license.  If a license 
 is denied, suspended, restricted, or revoked, an applicant or 
 licensee may request a hearing under the contested case 
 provisions of chapter 14.  The commissioner may, for good cause 
 demonstrated by the applicant or counselor, grant a license 
 previously refused, restore a license that has been revoked, or 
 reduce a period of suspension or restriction of a license.  The 
 commissioner may impose any conditions or limitations as the 
 commissioner deems reasonable.  

    Subd. 3. Repealed, 1995 c 164 s 35 

    Subd. 4.    Evidence.  In disciplinary actions alleging 
 violations of subdivision 1, paragraph (7), (8), (13), or (14), 
 a copy of the judgment or proceedings under the seal of the 
 court administrator or of the administrative agency that entered 
 the judgment or proceeding is admissible into evidence without 
 further authentication and constitutes prima facie evidence of 
 its contents. 

    HIST: 1992 c 559 art 2 s 10; 1995 c 164 s 17; 1996 c 451 art 4 
 s 43; 2000 c 460 s 47,48; 2002 c 221 s 5 

     148C.091 Disciplinary actions. 

    Subdivision 1.    Forms of disciplinary action.  When 
 the commissioner finds that an applicant or a licensed alcohol 
 and drug counselor has violated a provision or provisions of 
 sections 148C.01 to 148C.11, or rules promulgated under this 
 chapter, the commissioner may take one or more of the following 
 actions: 

    (1) refuse to grant a license; 

    (2) revoke the license; 

    (3) suspend the license; 

    (4) impose limitations or conditions; 

    (5) impose a civil penalty not exceeding $10,000 for each 
 separate violation, the amount of the civil penalty to be fixed 
 so as to deprive the counselor of any economic advantage gained 
 by reason of the violation charged or to reimburse the 
 commissioner for all costs of the investigation and proceeding; 
 including, but not limited to, the amount paid by the 
 commissioner for services from the Office of Administrative 
 Hearings, attorney fees, court reports, witnesses, reproduction 
 of records, advisory council members' per diem compensation, 
 staff time, and expense incurred by advisory council members and 
 staff of the department; 

    (6) order the counselor to provide uncompensated 
 professional service under supervision at a designated public 
 hospital, clinic, or other health care institution; 

    (7) censure or reprimand the counselor; or 

    (8) any other action justified by the case. 

    Subd. 2.    Discovery; subpoenas.  In all matters 
 relating to the commissioner's investigation and enforcement 
 activities related to alcohol and drug counselors, the 
 commissioner of health may issue subpoenas and compel the 
 attendance of witnesses and the production of all necessary 
 papers, books, records, documents, and other evidentiary 
 materials.  Any person failing or refusing to appear or testify 
 regarding any matter about which the person may be lawfully 
 questioned or failing to produce any papers, books, records, 
 documents, or other evidentiary materials in the matter to be 
 heard, after having been required by order of the commissioner 
 or by a subpoena of the commissioner to do so may, upon 
 application by the commissioner to the district court in any 
 district, be ordered to comply with the order or subpoena.  The 
 commissioner may administer oaths to witnesses or take their 
 affirmation.  Depositions may be taken within or without the 
 state in the manner provided by law for the taking of 
 depositions in civil actions.  A subpoena or other process or 
 paper may be served upon a person it names anywhere within the 
 state by any officer authorized to serve subpoenas or other 
 process or paper in civil actions in the same manner as 
 prescribed by law for service of process issued out of the 
 district court of this state. 

    Subd. 3.    Temporary suspension.  In addition to any 
 other remedy provided by law, the commissioner may, without a 
 hearing, temporarily suspend the right of an alcohol and drug 
 counselor to practice if the commissioner finds that the 
 counselor has violated a statute or rule that the commissioner 
 has authority to enforce and that continued practice by the 
 practitioner would create a serious risk of harm to others.  The 
 suspension takes effect upon service of a written order on the 
 practitioner specifying the statute or rule violated.  The order 
 remains in effect until the commissioner issues a final order in 
 the matter after a hearing or upon agreement between the 
 commissioner and the counselor.  Service of the order is 
 effective if the order is served on the counselor or the 
 counselor's attorney either personally or by first class mail.  
 Within ten days of service of the order, the commissioner shall 
 hold a hearing on the sole issue of whether there is a 
 reasonable basis to continue, modify, or lift the suspension.  
 Evidence presented by the commissioner or counselor must be by 
 affidavit only.  The counselor or the counselor's attorney of 
 record may appear for oral argument.  Within five working days 
 after the hearing, the commissioner shall issue an order and, if 
 the suspension is continued, schedule a contested case hearing 
 within 45 days after issuance of the order.  The administrative 
 law judge shall issue a report within 30 days after closing of 
 the contested case hearing record.  The commissioner shall issue 
 a final order within 30 days after receipt of that report, the 
 hearing record, and any exceptions to the report filed by the 
 parties. 

    Subd. 4.    Automatic suspension.  The right to practice 
 is automatically suspended if (1) a guardian of an alcohol and 
 drug counselor is appointed by order of a district court under 
 sections 524.5-101 to 524.5-502, or (2) the counselor is committed by 
 order of a district court under chapter 253B.  The right to 
 practice remains suspended until the counselor is restored to 
 capacity by a court and, upon petition by the counselor, the 
 suspension is terminated by the commissioner after a hearing or 
 upon agreement between the commissioner and the counselor. 

    HIST: 1995 c 164 s 18; 1995 c 189 s 8; 1996 c 277 s 1; 2004 c 146 
 art 3 s 47 

     148C.093 Additional remedies. 

    Subdivision 1.    Cease and desist.  The commissioner 
 may issue a cease and desist order to stop a person from 
 violating or threatening to violate a statute, rule, or order 
 which the commissioner has issued or has authority to enforce.  
 The cease and desist order must state the reason for its 
 issuance and give notice of the person's right to request a 
 hearing under sections 14.57 to 14.62.  If, within 15 days of 
 service of the order, the subject of the order fails to request 
 a hearing in writing, the order is the final order of the 
 commissioner and is not reviewable by a court or agency. 

    A hearing must be initiated by the commissioner not later 
 than 30 days from the date of the commissioner's receipt of a 
 written hearing request.  Within 30 days of receipt of the 
 administrative law judge's report, and any written agreement or 
 exceptions filed by the parties, the commissioner shall issue a 
 final order modifying, vacating, or making permanent the cease 
 and desist order as the facts require.  The final order remains 
 in effect until modified or vacated by the commissioner. 

    When a request for a stay accompanies a timely hearing 
 request, the commissioner may, in the commissioner's discretion, 
 grant the stay.  If the commissioner does not grant a requested 
 stay, the commissioner shall refer the request to the Office of 
 Administrative Hearings within three working days of receipt of 
 the request.  Within ten days after receiving the request from 
 the commissioner, an administrative law judge shall issue a 
 recommendation to grant or deny the stay.  The commissioner 
 shall grant or deny the stay within five working days of 
 receiving the administrative law judge's recommendation. 

    In the event of noncompliance with a cease and desist 
 order, the commissioner may institute a proceeding in district 
 court to obtain injunctive relief or other appropriate relief, 
 including a civil penalty payable to the commissioner not 
 exceeding $10,000 for each separate violation. 

    Subd. 2.    Injunctive relief.  In addition to any other 
 remedy provided by law, including the issuance of a cease and 
 desist order under subdivision 1, the commissioner may in the 
 commissioner's own name bring an action in district court for 
 injunctive relief to restrain an alcohol and drug counselor from 
 a violation or threatened violation of any statute, rule, or 
 order which the commissioner has authority to administer, 
 enforce, or issue. 

    Subd. 3.    Additional powers.  The issuance of a cease 
 and desist order or injunctive relief granted under this section 
 does not relieve a counselor from criminal prosecution by a 
 competent authority or from disciplinary action by the 
 commissioner. 

    HIST: 1995 c 164 s 19 

     148C.095 Reporting obligations. 

    Subdivision 1.    Permission to report.  A person who 
 has knowledge of any conduct constituting grounds for 
 disciplinary action relating to the practice of alcohol and drug 
 counseling under this chapter may report the violation to the 
 commissioner. 

    Subd. 2.    Institutions.  A state agency, political 
 subdivision, agency of a local unit of government, private 
 agency, hospital, clinic, prepaid medical plan, or other health 
 care institution or organization located in this state shall 
 report to the commissioner any action taken by the agency, 
 institution, or organization or any of its administrators or 
 medical or other committees to revoke, suspend, restrict, or 
 condition an alcohol and drug counselor's privilege to practice 
 or treat patients or clients in the institution, or as part of 
 the organization, any denial of privileges, or any other 
 disciplinary action for conduct that might constitute grounds 
 for disciplinary action by the commissioner under this chapter.  
 The institution, organization, or governmental entity shall also 
 report the resignation of any alcohol and drug counselors before 
 the conclusion of any disciplinary action proceeding for conduct 
 that might constitute grounds for disciplinary action under this 
 chapter, or before the commencement of formal charges but after 
 the practitioner had knowledge that formal charges were 
 contemplated or were being prepared. 

    Subd. 3.    Professional societies.  A state or local 
 professional society for alcohol and drug counselors shall 
 report to the commissioner any termination, revocation, or 
 suspension of membership or any other disciplinary action taken 
 against an alcohol and drug counselor.  If the society has 
 received a complaint that might be grounds for discipline under 
 this chapter against a member on which it has not taken any 
 disciplinary action, the society shall report the complaint and 
 the reason why it has not taken action on it or shall direct the 
 complainant to the commissioner. 

    Subd. 4.    Licensed professionals.  A licensed health 
 professional shall report to the commissioner personal knowledge 
 of any conduct that the licensed health professional reasonably 
 believes constitutes grounds for disciplinary action under this 
 chapter by an alcohol and drug counselor, including conduct 
 indicating that the individual may be medically incompetent, or 
 may be medically or physically unable to engage safely in the 
 provision of services.  If the information was obtained in the 
 course of a client relationship, the client is an alcohol and 
 drug counselor, and the treating individual successfully 
 counsels the alcohol and drug counselor to limit or withdraw 
 from practice to the extent required by the impairment, the 
 commissioner may deem this limitation of or withdrawal from 
 practice to be sufficient disciplinary action. 

    Subd. 5.    Insurers.  Each insurer authorized to sell 
 insurance described in section 60A.06, subdivision 1, clause 
 (13), and providing professional liability insurance to alcohol 
 and drug counselors or the Medical Joint Underwriting 
 Association under chapter 62F, shall submit to the commissioner 
 quarterly reports concerning the alcohol and drug counselors 
 against whom malpractice settlements and awards have been made.  
 The report must contain at least the following information: 

    (1) the total number of malpractice settlements or awards 
 made; 

    (2) the date the malpractice settlements or awards were 
 made; 

    (3) the allegations contained in the claim or complaint 
 leading to the settlements or awards made; 

    (4) the dollar amount of each settlement or award; 

    (5) the address of the practice of the alcohol and drug 
 counselor against whom an award was made or with whom a 
 settlement was made; and 

    (6) the name of the alcohol and drug counselor against whom 
 an award was made or with whom a settlement was made. 

    The insurance company shall, in addition to the above 
 information, submit to the commissioner any information, 
 records, and files, including clients' charts and records, it 
 possesses that tend to substantiate a charge that a licensed 
 alcohol and drug counselor may have engaged in conduct violating 
 this chapter. 

    Subd. 6.    Self-reporting.  An alcohol and drug 
 counselor shall report to the commissioner any personal action 
 that would require that a report be filed with the commissioner 
 by any person, health care facility, business, or organization 
 under subdivisions 2 to 5.  The alcohol and drug counselor shall 
 also report the revocation, suspension, restriction, limitation, 
 or other disciplinary action in this state and report the filing 
 of charges regarding the practitioner's license or right of 
 practice in another state or jurisdiction. 

    Subd. 7.    Deadlines; forms.  Reports required by 
 subdivisions 2 to 6 must be submitted no later than 30 days 
 after the reporter learns of the occurrence of the reportable 
 event or transaction.  The commissioner may provide forms for 
 the submission of the reports required by this section, may 
 require that reports be submitted on the forms provided, and may 
 adopt rules necessary to assure prompt and accurate reporting. 

    HIST: 1995 c 164 s 20 

     148C.099 Investigations; professional cooperation; 
  exchanging information. 

    Subdivision 1.    Cooperation.  An alcohol and drug 
 counselor who is the subject of an investigation, or who is 
 questioned in connection with an investigation, by or on behalf 
 of the commissioner, shall cooperate fully with the 
 investigation.  Cooperation includes responding fully to any 
 question raised by or on behalf of the commissioner relating to 
 the subject of the investigation whether tape recorded or not.  
 Challenges to requests of the commissioner may be brought before 
 the appropriate agency or court. 

    Subd. 2.    Exchanging information.  (a) The 
 commissioner shall establish internal operating procedures for: 

    (1) exchanging information with state boards; agencies, 
 including the Office of Ombudsman for Mental Health and Mental 
 Retardation; health-related and law enforcement facilities; 
 departments responsible for licensing health-related 
 occupations, facilities, and programs; and law enforcement 
 personnel in this and other states; and 

    (2) coordinating investigations involving matters within 
 the jurisdiction of more than one regulatory agency. 

    (b) The procedures for exchanging information must provide 
 for forwarding to an entity described in paragraph (a), clause 
 (1), any information or evidence, including the results of 
 investigations, that is relevant to matters within the 
 regulatory jurisdiction of that entity.  The data have the same 
 classification in the possession of the agency receiving the 
 data as they have in the possession of the agency providing the 
 data. 

    (c) The commissioner shall establish procedures for 
 exchanging information with other states regarding disciplinary 
 action against alcohol and drug counselors. 

    (d) The commissioner shall forward to another governmental 
 agency any complaints received by the commissioner that do not 
 relate to the commissioner's jurisdiction but that relate to 
 matters within the jurisdiction of the other governmental 
 agency.  The agency to which a complaint is forwarded shall 
 advise the commissioner of the disposition of the complaint.  A 
 complaint or other information received by another governmental 
 agency relating to a statute or rule that the commissioner is 
 empowered to enforce must be forwarded to the commissioner to be 
 processed according to this section. 

    (e) The commissioner shall furnish to a person who made a 
 complaint a description of the actions of the commissioner 
 relating to the complaint. 

    HIST: 1995 c 164 s 21; 2001 c 138 s 2 

     148C.10 Prohibition against unlicensed practice or use 
  of titles; penalty. 

    Subdivision 1.    Practice.  No person, other than those 
 individuals exempted under section 148C.11 or 148C.045, shall 
 engage in alcohol and drug counseling without first being 
 licensed under this chapter as an alcohol and drug counselor.  
 For purposes of this chapter, an individual engages in the 
 practice of alcohol and drug counseling if the individual 
 performs or offers to perform alcohol and drug counseling 
 services as defined in section 148C.01, subdivision 10, or if 
 the individual is held out as able to perform those services.  

    Subd. 1a. Repealed, 1Sp2003 c 14 art 5 s 30 

    Subd. 2.    Use of titles.  No person shall present 
 themselves or any other individual to the public by any title 
 incorporating the words "licensed alcohol and drug counselor" or 
 otherwise hold themselves out to the public by any title or 
 description stating or implying that they are licensed or 
 otherwise qualified to practice alcohol and drug counseling 
 unless that individual holds a valid license.  Persons issued a 
 temporary permit must use titles consistent with section 
 148C.04, subdivision 6, paragraph (c). 

    Subd. 3.    Penalty.  A person who violates sections 
 148C.01 to 148C.11 is guilty of a misdemeanor.  

    HIST: 1992 c 559 art 2 s 11; 1995 c 164 s 22; 2000 c 460 s 49; 
 2001 c 10 s 4; 1Sp2003 c 14 art 5 s 26,27 

     148C.11 Exceptions to license requirement. 

    Subdivision 1.    Other professionals.  (a) Nothing in 
 this chapter prevents members of other professions or 
 occupations from performing functions for which they are 
 qualified or licensed.  This exception includes, but is not 
 limited to, licensed physicians, registered nurses, licensed 
 practical nurses, licensed psychological practitioners, members 
 of the clergy, American Indian medicine men and women, licensed 
 attorneys, probation officers, licensed marriage and family 
 therapists, licensed social workers, licensed professional 
 counselors, licensed school counselors, registered occupational 
 therapists or occupational therapy assistants, and until July 1, 
 2005, individuals providing integrated dual-diagnosis treatment 
 in adult mental health rehabilitative programs certified by the 
 Department of Human Services under section 256B.0622 or 
 256B.0623. 

    (b) Nothing in this chapter prohibits technicians and 
 resident managers in programs licensed by the Department of 
 Human Services from discharging their duties as provided in 
 Minnesota Rules, chapter 9530.  

    (c) Any person who is exempt under this section but who 
 elects to obtain a license under this chapter is subject to this 
 chapter to the same extent as other licensees.  

    (d) These persons must not, however, use a title 
 incorporating the words "alcohol and drug counselor" or 
 "licensed alcohol and drug counselor" or otherwise hold 
 themselves out to the public by any title or description stating 
 or implying that they are engaged in the practice of alcohol and 
 drug counseling, or that they are licensed to engage in the 
 practice of alcohol and drug counseling.  Persons engaged in the 
 practice of alcohol and drug counseling are not exempt from the 
 commissioner's jurisdiction solely by the use of one of the 
 above titles. 

    Subd. 2.    Students.  Nothing in sections 148C.01 to 
 148C.10 shall prevent students enrolled in an accredited school 
 of alcohol and drug counseling from engaging in the practice of 
 alcohol and drug counseling while under qualified supervision in 
 an accredited school of alcohol and drug counseling.  

    Subd. 3.    Federally recognized tribes; ethnic 
 minorities.  (a) Alcohol and drug counselors practicing 
 alcohol and drug counseling according to standards established 
 by federally recognized tribes, while practicing under tribal 
 jurisdiction, are exempt from the requirements of this chapter.  
 In practicing alcohol and drug counseling under tribal 
 jurisdiction, individuals practicing under that authority shall 
 be afforded the same rights, responsibilities, and recognition 
 as persons licensed pursuant to this chapter. 

    (b) The commissioner shall develop special licensing 
 criteria for issuance of a license to alcohol and drug 
 counselors who:  (1) practice alcohol and drug counseling with a 
 member of an ethnic minority population or with a person with a 
 disability as defined by rule; or (2) are employed by agencies 
 whose primary agency service focus addresses ethnic minority 
 populations or persons with a disability as defined by rule.  
 These licensing criteria may differ from the licensing 
 requirements specified in section 148C.04.  To develop, 
 implement, and evaluate the effect of these criteria, the 
 commissioner shall establish a committee comprised of, but not 
 limited to, representatives from the Minnesota Commission 
 Serving Deaf and Hard-of-Hearing People, the Council on Affairs 
 of Chicano/Latino People, the Council on Asian-Pacific 
 Minnesotans, the Council on Black Minnesotans, the Council on 
 Disability, and the Indian Affairs Council.  The committee does 
 not expire. 

    (c) MS 2002 (Expired, 2002 c 354 s 1)

    Subd. 4.    Hospital alcohol and drug counselors.  
 Effective January 1, 2006, hospitals employing alcohol and drug 
 counselors shall be required to employ licensed alcohol and drug 
 counselors.  An alcohol or drug counselor employed by a hospital 
 must be licensed as an alcohol and drug counselor in accordance 
 with this chapter.  

    Subd. 5.    City, county, and state agency alcohol and 
 drug counselors.  Effective January 1, 2006, city, county, and 
 state agencies employing alcohol and drug counselors shall be 
 required to employ licensed alcohol and drug counselors.  An 
 alcohol and drug counselor employed by a city, county, or state 
 agency must be licensed as an alcohol and drug counselor in 
 accordance with this chapter.  

    Subd. 6.    Transition period for hospital and city, 
 county, and state agency alcohol and drug counselors.  For the 
 period between July 1, 2003, and January 1, 2006, the 
 commissioner shall grant a license to an individual who is 
 employed as an alcohol and drug counselor at a Minnesota school 
 district or hospital, or a city, county, or state agency in 
 Minnesota, if the individual:  

    (1) was employed as an alcohol and drug counselor at a 
 school district, a hospital, or a city, county, or state agency 
 before August 1, 2002; 

    (2) has 8,000 hours of alcohol and drug counselor work 
 experience; 

    (3) has completed a written case presentation and 
 satisfactorily passed an oral examination established by the 
 commissioner; 

    (4) has satisfactorily passed a written examination as 
 established by the commissioner; and 

    (5) meets the requirements in section 148C.0351. 

    HIST: 1991 c 255 s 19; 1992 c 559 art 2 s 12; 1993 c 13 art 1 
 s 28; 1Sp1993 c 1 art 3 s 13-14; 1995 c 164 s 23; 1996 c 451 art 
 4 s 44,45; 1997 c 7 art 3 s 4; 1998 c 317 s 16; 2000 c 460 s 50; 
 2001 c 138 s 3; 2001 c 161 s 26; 2002 c 354 s 1; 1Sp2003 c 14 
 art 5 s 28; 2004 c 279 art 6 s 4,5 

     148C.12 Fees. 

    Subdivision 1.    Application fee.  The application fee 
 is $295.  

    Subd. 2.    Biennial renewal fee.  The license renewal 
 fee is $295.  If the commissioner establishes the renewal 
 schedule and the expiration date is less than two years, the fee 
 must be prorated.  

    Subd. 3.    Temporary permit fee.  The initial fee for 
 applicants under section 148C.04, subdivision 6, paragraph (a), 
 is $100.  The fee for annual renewal of a temporary permit is 
 $100, but when the first expiration date occurs in less or more 
 than one year, the fee must be prorated. 

    Subd. 4.    Examination fee.  The examination fee for 
 the written examination is $95 and for the oral examination is 
 $200. 

    Subd. 5.    Inactive renewal fee.  The inactive renewal 
 fee is $150.  

    Subd. 6.    Late fee.  The late fee is 25 percent of the 
 biennial renewal fee, the inactive renewal fee, or the annual 
 fee for renewal of temporary practice status.  

    Subd. 7.    Fee to renew after expiration of license.  
 The fee for renewal of a license that has expired for less than 
 two years is the total of the biennial renewal fee, the late 
 fee, and a fee of $100 for review and approval of the continuing 
 education report.  

    Subd. 8.    Fee for license verifications.  The fee for 
 license verification to institutions and other jurisdictions is 
 $25.  

    Subd. 9.    Surcharge fee.  Notwithstanding section 
 16A.1285, subdivision 2, a surcharge of $99 shall be paid at the 
 time of initial application for or renewal of an alcohol and 
 drug counselor license until June 30, 2013.  

    Subd. 10.    Nonrefundable fees.  All fees are 
 nonrefundable. 

    HIST: 1Sp2003 c 14 art 5 s 29; art 7 s 53; 2004 c 279 art 6 s 
 6,7