Minnesota -- A Bill for an Act April 26, 2000

Conference Committee Report on H.F. No. 3839

 

Authors and Status

 

  1.1             CONFERENCE COMMITTEE REPORT ON H.F. NO. 3839

  1.2                          A bill for an act

  1.3             relating to health; modifying provisions for

  1.4             speech-language pathologists, audiologists, unlicensed

  1.5             mental health practitioners, alcohol and drug

  1.6             counselors, and hearing instrument dispensers;

  1.7             requiring a study; extending a board; amending

  1.8             Minnesota Statutes 1998, sections 148.512, subdivision

  1.9             5; 148.515, subdivision 3; 148.517, by adding a

  1.10            subdivision; 148.518, subdivision 2; 148.5193,

  1.11            subdivisions 1, 2, 4, 6, and by adding a subdivision;

  1.12            148.5196, subdivision 3; 148B.60, subdivision 3;

  1.13            148B.68, subdivision 1; 148B.69, by adding a

  1.14            subdivision; 148B.71, subdivision 1; 148C.01,

  1.15            subdivisions 2, 7, 9, 10, and by adding a subdivision;

  1.16            148C.03, subdivision 1; 148C.04, by adding

  1.17            subdivisions; 148C.06, subdivisions 1 and 2; 148C.09,

  1.18            subdivisions 1 and 1a; 148C.10, by adding a

  1.19            subdivision; 148C.11, subdivision 1; 153A.13,

  1.20            subdivision 9, and by adding subdivisions; 153A.14,

  1.21            subdivisions 1, 2a, 2h, 4, 4a, and by adding

  1.22            subdivisions; and 153A.15, subdivision 1; Laws 99,

  1.23            chapter 223, article 2, section 81, as amended;

  1.24            repealing Minnesota Statutes 1998, sections 148.5193,

  1.25            subdivisions 3 and 5; and 148C.04, subdivision 5.

  1.26                                               April 26, 2000

  1.27  The Honorable Steve Sviggum

  1.28  Speaker of the House of Representatives

  1.30  The Honorable Allan H. Spear

  1.31  President of the Senate

  1.33     We, the undersigned conferees for H.F. No. 3839, report

  1.34  that we have agreed upon the items in dispute and recommend as

  1.35  follows:

  1.36    

  1.37     That the Senate recede from its amendments and that H.F. No.

  1.38  3839 be further amended as follows:

  2.1      Delete everything after the enacting clause and insert:

  2.2      "Section 1.  Minnesota Statutes 1999 Supplement, section

  2.3   13.99, is amended by adding a subdivision to read:

  2.4      Subd. 42c.  [UNLICENSED COMPLEMENTARY AND ALTERNATIVE

  2.5   HEALTH CARE PRACTITIONERS AND CLIENTS.] Data obtained by the

  2.6   commissioner of health on unlicensed complementary and

  2.7   alternative health care practitioners and clients are classified

  2.8   under sections 146A.06 and 146A.08.

  2.9      Sec. 2.  Minnesota Statutes 1998, section 62J.51, is

  2.10  amended by adding a subdivision to read:

  2.11     Subd. 19a.  [UNIFORM EXPLANATION OF BENEFITS

  2.12  DOCUMENT.] "Uniform explanation of benefits document" means the

  2.13  document associated with and explaining the details of a group

  2.14  purchaser's claim adjudication for services rendered, which is

  2.15  sent to a patient.

  2.16     Sec. 3.  Minnesota Statutes 1998, section 62J.51, is

  2.17  amended by adding a subdivision to read:

  2.18     Subd. 19b.  [UNIFORM REMITTANCE ADVICE REPORT.] "Uniform

  2.19  remittance advice report" means the document associated with and

  2.20  explaining the details of a group purchaser's claim adjudication

  2.21  for services rendered, which is sent to a provider.

  2.22     Sec. 4.  Minnesota Statutes 1998, section 62J.52,

  2.23  subdivision 1, is amended to read:

  2.24     Subdivision 1.  [UNIFORM BILLING FORM HCFA 1450.] (a) On

  2.25  and after January 1, 1996, all institutional inpatient hospital

  2.26  services, ancillary services, and institutionally owned or

  2.27  operated outpatient services rendered by providers in Minnesota,

  2.28  and institutional or noninstitutional home health services that

  2.29  are not being billed using an equivalent electronic billing

  2.30  format, must be billed using the uniform billing form HCFA 1450,

  2.31  except as provided in subdivision 5.

  2.32     (b) The instructions and definitions for the use of the

  2.33  uniform billing form HCFA 1450 shall be in accordance with the

  2.34  uniform billing form manual specified by the commissioner.  In

  2.35  promulgating these instructions, the commissioner may utilize

  2.36  the manual developed by the National Uniform Billing Committee,

  3.1   as adopted and finalized by the Minnesota uniform billing

  3.2   committee. 

  3.3      (c) Services to be billed using the uniform billing form

  3.4   HCFA 1450 include:  institutional inpatient hospital services

  3.5   and distinct units in the hospital such as psychiatric unit

  3.6   services, physical therapy unit services, swing bed (SNF) 

  3.7   services, inpatient state psychiatric hospital services,

  3.8   inpatient skilled nursing facility services, home health

  3.9   services (Medicare part A), and hospice services; ancillary

  3.10  services, where benefits are exhausted or patient has no

  3.11  Medicare part A, from hospitals, state psychiatric hospitals,

  3.12  skilled nursing facilities, and home health (Medicare part B);

  3.13  and institutional owned or operated outpatient services such as

  3.14  waivered services, hospital outpatient services, including

  3.15  ambulatory surgical center services, hospital referred

  3.16  laboratory services, hospital-based ambulance services, and

  3.17  other hospital outpatient services, skilled nursing facilities,

  3.18  home health, including infusion therapy, freestanding renal

  3.19  dialysis centers, comprehensive outpatient rehabilitation

  3.20  facilities (CORF), outpatient rehabilitation facilities (ORF),

  3.21  rural health clinics, and community mental health centers,; home

  3.22  health services such as home health intravenous therapy

  3.23  providers, waivered services, personal care attendants, and

  3.24  hospice; and any other health care provider certified by the

  3.25  Medicare program to use this form.

  3.26     (d) On and after January 1, 1996, a mother and newborn

  3.27  child must be billed separately, and must not be combined on one

  3.28  claim form.

  3.29     Sec. 5.  Minnesota Statutes 1998, section 62J.52,

  3.30  subdivision 2, is amended to read:

  3.31     Subd. 2.  [UNIFORM BILLING FORM HCFA 1500.] (a) On and

  3.32  after January 1, 1996, all noninstitutional health care services

  3.33  rendered by providers in Minnesota except dental or pharmacy

  3.34  providers, that are not currently being billed using an

  3.35  equivalent electronic billing format, must be billed using the

  3.36  health insurance claim form HCFA 1500, except as provided in

  4.1   subdivision 5.

  4.2      (b) The instructions and definitions for the use of the

  4.3   uniform billing form HCFA 1500 shall be in accordance with the

  4.4   manual developed by the administrative uniformity committee

  4.5   entitled standards for the use of the HCFA 1500 form, dated

  4.6   February 1994, as further defined by the commissioner.

  4.7      (c) Services to be billed using the uniform billing form

  4.8   HCFA 1500 include physician services and supplies, durable

  4.9   medical equipment, noninstitutional ambulance services,

  4.10  independent ancillary services including occupational therapy,

  4.11  physical therapy, speech therapy and audiology, podiatry

  4.12  services, optometry services, mental health licensed

  4.13  professional services, substance abuse licensed professional

  4.14  services, nursing practitioner professional services, certified

  4.15  registered nurse anesthetists, chiropractors, physician

  4.16  assistants, laboratories, medical suppliers, and other health

  4.17  care providers such as home health intravenous therapy

  4.18  providers, personal care attendants, day activity centers,

  4.19  waivered services, hospice, and other home health services, and

  4.20  freestanding ambulatory surgical centers.

  4.21     Sec. 6.  Minnesota Statutes 1998, section 62J.52,

  4.22  subdivision 5, is amended to read:

  4.23     Subd. 5.  [STATE AND FEDERAL HEALTH CARE PROGRAMS.] (a)

  4.24  Skilled nursing facilities and ICF/MR services billed to state

  4.25  and federal health care programs administered by the department

  4.26  of human services shall use the form designated by the

  4.27  department of human services.

  4.28     (b) On and after July 1, 1996, state and federal health

  4.29  care programs administered by the department of human services

  4.30  shall accept the HCFA 1450 for community mental health center

  4.31  services and shall accept the HCFA 1500 for freestanding

  4.32  ambulatory surgical center services.

  4.33     (c) State and federal health care programs administered by

  4.34  the department of human services shall be authorized to use the

  4.35  forms designated by the department of human services for

  4.36  pharmacy services and for child and teen checkup services.

  5.1      (d) State and federal health care programs administered by

  5.2   the department of human services shall accept the form

  5.3   designated by the department of human services, and the HCFA

  5.4   1500 for supplies, medical supplies, or durable medical

  5.5   equipment.  Health care providers may choose which form to

  5.6   submit.

  5.7      (e) Personal care attendant and waivered services billed on

  5.8   a fee-for-service basis directly to state and federal health

  5.9   care programs administered by the department of human services

  5.10  shall use either the HCFA 1450 or the HCFA 1500 form, as

  5.11  designated by the department of human services.

  5.12     Sec. 7.  [62J.581] [STANDARDS FOR MINNESOTA UNIFORM HEALTH

  5.13  CARE REIMBURSEMENT DOCUMENTS.]

  5.14     Subdivision 1.  [MINNESOTA UNIFORM REMITTANCE ADVICE

  5.15  REPORT.] All group purchasers and payers shall provide a uniform

  5.16  remittance advice report to health care providers when a claim

  5.17  is adjudicated.  The uniform remittance advice report shall

  5.18  comply with the standards prescribed in this section.

  5.19     Subd. 2.  [MINNESOTA UNIFORM EXPLANATION OF BENEFITS

  5.20  DOCUMENT.] All group purchasers and payers shall provide a

  5.21  uniform explanation of benefits document to health care patients

  5.22  when a claim is adjudicated.  The uniform explanation of

  5.23  benefits document shall comply with the standards prescribed in

  5.24  this section.

  5.25     Subd. 3.  [SCOPE.] For purposes of sections 62J.50 to

  5.26  62J.61, the uniform remittance advice report and the uniform

  5.27  explanation of benefits document format specified in subdivision

  5.28  4 shall apply to all health care services delivered by a health

  5.29  care provider or health care provider organization in Minnesota,

  5.30  regardless of the location of the payer.  Health care services

  5.31  not paid on an individual claims basis, such as capitated

  5.32  payments, are not included in this section.  A health plan

  5.33  company is excluded from the requirements in subdivisions 1 and

  5.34  2 if they comply with section 62A.01, subdivisions 2 and 3.

  5.35     Subd. 4.  [SPECIFICATIONS.] The uniform remittance advice

  5.36  report and the uniform explanation of benefits document shall be

  6.1   provided by use of a paper document conforming to the

  6.2   specifications in this section or by use of the ANSI X12N 835

  6.3   standard electronic format as established under United States

  6.4   Code, title 42, sections 1320d to 1320d-8, and as amended from

  6.5   time to time for the remittance advice.  The commissioner, after

  6.6   consulting with the administrative uniformity committee, shall

  6.7   specify the data elements and definitions for the uniform

  6.8   remittance advice report and the uniform explanation of benefits

  6.9   document.  The commissioner and the administrative uniformity

  6.10  committee must consult with the Minnesota Dental Association and

  6.11  Delta Dental Plan of Minnesota before requiring under this

  6.12  section the use of a paper document for the uniform explanation

  6.13  of benefits document or the uniform remittance advice report for

  6.14  dental care services. 

  6.15     Subd. 5.  [EFFECTIVE DATE.] The requirements in

  6.16  subdivisions 1 and 2 are effective 12 months after the date of

  6.17  required compliance with the standards for the electronic

  6.18  remittance advice transaction under United States Code, title

  6.19  42, sections 1320d to 1320d-8, and as amended from time to

  6.20  time.  The requirements in subdivisions 1 and 2 apply regardless

  6.21  of when the health care service was provided to the patient.

  6.22     Sec. 8.  Minnesota Statutes 1998, section 62J.60,

  6.23  subdivision 1, is amended to read:

  6.24     Subdivision 1.  [MINNESOTA HEALTH CARE IDENTIFICATION

  6.25  CARD.] All individuals with health care coverage shall be issued

  6.26  health care identification cards by group purchasers as of

  6.27  January 1, 1998, unless the requirements of section 62A.01,

  6.28  subdivisions 2 and 3, are met.  The health care identification

  6.29  cards shall comply with the standards prescribed in this section.

  6.30     Sec. 9.  [146A.01] [DEFINITIONS.]

  6.31     Subdivision 1.  [TERMS.] As used in this chapter, the

  6.32  following terms have the meanings given them.

  6.33     Subd. 2.  [COMMISSIONER.] "Commissioner" means the

  6.34  commissioner of health or the commissioner's designee.

  6.35     Subd. 3.  [COMPLEMENTARY AND ALTERNATIVE HEALTH CARE

  6.36  CLIENT.] "Complementary and alternative health care client"

  7.1   means an individual who receives services from an unlicensed

  7.2   complementary and alternative health care practitioner.

  7.3      Subd. 4.  [COMPLEMENTARY AND ALTERNATIVE HEALTH CARE

  7.4   PRACTICES.] (a) "Complementary and alternative health care

  7.5   practices" means the broad domain of complementary and

  7.6   alternative healing methods and treatments, including but not

  7.7   limited to:  (1) acupressure; (2) anthroposophy; (3) aroma

  7.8   therapy; (4) ayurveda; (5) cranial sacral therapy; (6)

  7.9   culturally traditional healing practices; (7) detoxification

  7.10  practices and therapies; (8) energetic healing; (9) polarity

  7.11  therapy; (10) folk practices; (11) healing practices utilizing

  7.12  food, food supplements, nutrients, and the physical forces of

  7.13  heat, cold, water, touch, and light; (12) Gerson therapy and

  7.14  colostrum therapy; (13) healing touch; (14) herbology or

  7.15  herbalism; (15) homeopathy; (16) nondiagnostic iridology; (17)

  7.16  body work, massage, and massage therapy; (18) meditation; (19)

  7.17  mind-body healing practices; (20) naturopathy; (21) noninvasive

  7.18  instrumentalities; and (22) traditional Oriental practices, such

  7.19  as Qi Gong energy healing.

  7.20     (b) Complementary and alternative health care practices do

  7.21  not include surgery, x-ray radiation, administering or

  7.22  dispensing legend drugs and controlled substances, practices

  7.23  that invade the human body by puncture of the skin, setting

  7.24  fractures, the use of medical devices as defined in section

  7.25  147A.01, any practice included in the practice of dentistry as

  7.26  defined in section 150A.05, subdivision 1, or the manipulation

  7.27  or adjustment of articulations of joints or the spine as

  7.28  described in section 146.23 or 148.01.

  7.29     (c) Complementary and alternative health care practices do

  7.30  not include practices that are permitted under section 147.09,

  7.31  clause (11), or 148.271, clause (5). 

  7.32     (d) This chapter does not apply to, control, prevent, or

  7.33  restrict the practice, service, or activity of lawfully

  7.34  marketing or distributing food products, including dietary

  7.35  supplements as defined in the federal Dietary Supplement Health

  7.36  and Education Act, educating customers about such products, or

  8.1   explaining the uses of such products.  Under Minnesota law, an

  8.2   unlicensed complementary and alternative health care

  8.3   practitioner may not provide a medical diagnosis or recommend

  8.4   discontinuance of medically prescribed treatments.

  8.5      Subd. 5.  [OFFICE OF UNLICENSED COMPLEMENTARY AND

  8.6   ALTERNATIVE HEALTH CARE PRACTICE OR OFFICE.] "Office of

  8.7   unlicensed complementary and alternative health care practice"

  8.8   or "office" means the office of unlicensed complementary and

  8.9   alternative health care practice established in section 146A.02.

  8.10     Subd. 6.  [UNLICENSED COMPLEMENTARY AND ALTERNATIVE HEALTH

  8.11  CARE PRACTITIONER.] (a) "Unlicensed complementary and

  8.12  alternative health care practitioner" means a person who:

  8.13     (1) either:

  8.14     (i) is not licensed or registered by a health-related

  8.15  licensing board or the commissioner of health; or

  8.16     (ii) is licensed or registered by the commissioner of

  8.17  health or a health-related licensing board other than the board

  8.18  of medical practice, the board of dentistry, the board of

  8.19  chiropractic examiners, or the board of podiatric medicine, but

  8.20  does not hold oneself out to the public as being licensed or

  8.21  registered by the commissioner or a health-related licensing

  8.22  board when engaging in complementary and alternative health

  8.23  care;

  8.24     (2) has not had a license or registration issued by a

  8.25  health-related licensing board or the commissioner of health

  8.26  revoked or has not been disciplined in any manner at any time in

  8.27  the past, unless the right to engage in complementary and

  8.28  alternative health care practices has been established by order

  8.29  of the commissioner of health;

  8.30     (3) is engaging in complementary and alternative health

  8.31  care practices; and

  8.32     (4) is providing complementary and alternative health care

  8.33  services for remuneration or is holding oneself out to the

  8.34  public as a practitioner of complementary and alternative health

  8.35  care practices.

  8.36     (b) A health care practitioner licensed or registered by

  9.1   the commissioner or a health-related licensing board, who

  9.2   engages in complementary and alternative health care while

  9.3   practicing under the practitioner's license or registration,

  9.4   shall be regulated by and be under the jurisdiction of the

  9.5   applicable health-related licensing board with regard to the

  9.6   complementary and alternative health care practices. 

  9.7      Sec. 10.  [146A.02] [OFFICE OF UNLICENSED COMPLEMENTARY AND

  9.8   ALTERNATIVE HEALTH CARE PRACTICE.]

  9.9      Subdivision 1.  [CREATION.] The office of unlicensed

  9.10  complementary and alternative health care practice is created in

  9.11  the department of health to investigate complaints and take and

  9.12  enforce disciplinary actions against all unlicensed

  9.13  complementary and alternative health care practitioners for

  9.14  violations of prohibited conduct, as defined in section

  9.15  146A.08.  The office shall also serve as a clearinghouse on

  9.16  complementary and alternative health care practices and

  9.17  unlicensed complementary and alternative health care

  9.18  practitioners through the dissemination of objective information

  9.19  to consumers and through the development and performance of

  9.20  public education activities, including outreach, regarding the

  9.21  provision of complementary and alternative health care practices

  9.22  and unlicensed complementary and alternative health care

  9.23  practitioners who provide these services.

  9.24     Subd. 2.  [RULEMAKING.] The commissioner shall adopt rules

  9.25  necessary to implement, administer, or enforce provisions of

  9.26  this chapter pursuant to chapter 14.

  9.27     Sec. 11.  [146A.025] [MALTREATMENT OF MINORS.]

  9.28     Nothing in this chapter shall restrict the ability of a

  9.29  local welfare agency, local law enforcement agency, the

  9.30  commissioner of human services, or the state to take action

  9.31  regarding the maltreatment of minors under section 609.378 or

  9.32  626.556.  A parent who obtains complementary and alternative

  9.33  health care for the parent's minor child is not relieved of the

  9.34  duty to seek necessary medical care consistent with the

  9.35  requirements of sections 609.378 and 626.556.  A complementary

  9.36  or alternative health care practitioner who is providing

 10.1   services to a child who is not receiving necessary medical care

 10.2   must make a report under section 626.556.  A complementary or

 10.3   alternative health care provider is a mandated reporter under

 10.4   section 626.556, subdivision 3.

 10.5      Sec. 12.  [146A.03] [REPORTING OBLIGATIONS.]

 10.6      Subdivision 1.  [PERMISSION TO REPORT.] A person who has

 10.7   knowledge of any conduct constituting grounds for disciplinary

 10.8   action relating to complementary and alternative health care

 10.9   practices under this chapter may report the violation to the

 10.10  office.

 10.11     Subd. 2.  [INSTITUTIONS.] A state agency, political

 10.12  subdivision, agency of a local unit of government, private

 10.13  agency, hospital, clinic, prepaid medical plan, or other health

 10.14  care institution or organization located in this state shall

 10.15  report to the office any action taken by the agency,

 10.16  institution, or organization or any of its administrators or

 10.17  medical or other committees to revoke, suspend, restrict, or

 10.18  condition an unlicensed complementary and alternative health

 10.19  care practitioner's privilege to practice or treat complementary

 10.20  and alternative health care clients in the institution or, as

 10.21  part of the organization, any denial of privileges or any other

 10.22  disciplinary action for conduct that might constitute grounds

 10.23  for disciplinary action by the office under this chapter.  The

 10.24  institution, organization, or governmental entity shall also

 10.25  report the resignation of any unlicensed complementary and

 10.26  alternative health care practitioners prior to the conclusion of

 10.27  any disciplinary action proceeding for conduct that might

 10.28  constitute grounds for disciplinary action under this chapter or

 10.29  prior to the commencement of formal charges but after the

 10.30  practitioner had knowledge that formal charges were contemplated

 10.31  or were being prepared.

 10.32     Subd. 3.  [PROFESSIONAL SOCIETIES.] A state or local

 10.33  professional society for unlicensed complementary and

 10.34  alternative health care practitioners shall report to the office

 10.35  any termination, revocation, or suspension of membership or any

 10.36  other disciplinary action taken against an unlicensed

 11.1   complementary and alternative health care practitioner.  If the

 11.2   society has received a complaint that might be grounds for

 11.3   discipline under this chapter against a member on which it has

 11.4   not taken any disciplinary action, the society shall report the

 11.5   complaint and the reason why it has not taken action on it or

 11.6   shall direct the complainant to the office.

 11.7      Subd. 4.  [LICENSED PROFESSIONALS.] A licensed health

 11.8   professional shall report to the office personal knowledge of

 11.9   any conduct that the licensed health professional reasonably

 11.10  believes constitutes grounds for disciplinary action under this

 11.11  chapter by any unlicensed complementary and alternative health

 11.12  care practitioner, including conduct indicating that the

 11.13  individual may be incompetent or may be mentally or physically

 11.14  unable to engage safely in the provision of services.  If the

 11.15  information was obtained in the course of a client relationship,

 11.16  the client is an unlicensed complementary and alternative health

 11.17  care practitioner, and the treating individual successfully

 11.18  counsels the other practitioner to limit or withdraw from

 11.19  practice to the extent required by the impairment, the office

 11.20  may deem this limitation of or withdrawal from practice to be

 11.21  sufficient disciplinary action.

 11.22     Subd. 5.  [INSURERS.] Four times each year as prescribed by

 11.23  the commissioner, each insurer authorized to sell insurance

 11.24  described in section 60A.06, subdivision 1, clause (13), and

 11.25  providing professional liability insurance to unlicensed

 11.26  complementary and alternative health care practitioners or the

 11.27  medical joint underwriting association under chapter 62F shall

 11.28  submit to the office a report concerning the unlicensed

 11.29  complementary and alternative health care practitioners against

 11.30  whom malpractice settlements or awards have been made.  The

 11.31  response must contain at least the following information:

 11.32     (1) the total number of malpractice settlements or awards

 11.33  made;

 11.34     (2) the date the malpractice settlements or awards were

 11.35  made;

 11.36     (3) the allegations contained in the claim or complaint

 12.1   leading to the settlements or awards made;

 12.2      (4) the dollar amount of each malpractice settlement or

 12.3   award;

 12.4      (5) the regular address of the practice of the unlicensed

 12.5   complementary and alternative health care practitioner against

 12.6   whom an award was made or with whom a settlement was made; and

 12.7      (6) the name of the unlicensed complementary and

 12.8   alternative health care practitioner against whom an award was

 12.9   made or with whom a settlement was made.

 12.10     The insurance company shall, in addition to the above

 12.11  information, submit to the office any information, records, and

 12.12  files, including clients' charts and records, it possesses that

 12.13  tend to substantiate a charge that an unlicensed complementary

 12.14  and alternative health care practitioner may have engaged in

 12.15  conduct violating this chapter.

 12.16     Subd. 6.  [COURTS.] The court administrator of district

 12.17  court or any other court of competent jurisdiction shall report

 12.18  to the office any judgment or other determination of the court

 12.19  that adjudges or includes a finding that an unlicensed

 12.20  complementary and alternative health care practitioner is

 12.21  mentally ill, mentally incompetent, guilty of a felony, guilty

 12.22  of a violation of federal or state narcotics laws or controlled

 12.23  substances act, or guilty of abuse or fraud under Medicare or

 12.24  Medicaid; or that appoints a guardian of the unlicensed

 12.25  complementary and alternative health care practitioner under

 12.26  sections 525.54 to 525.61 or commits an unlicensed complementary

 12.27  and alternative health care practitioner under chapter 253B.

 12.28     Subd. 7.  [SELF-REPORTING.] An unlicensed complementary and

 12.29  alternative health care practitioner shall report to the office

 12.30  any personal action that would require that a report be filed

 12.31  with the office by any person, health care facility, business,

 12.32  or organization pursuant to subdivisions 2 to 5.  The

 12.33  practitioner shall also report the revocation, suspension,

 12.34  restriction, limitation, or other disciplinary action against

 12.35  the practitioner's license, certificate, registration, or right

 12.36  of practice in another state or jurisdiction for offenses that

 13.1   would be subject to disciplinary action in this state and also

 13.2   report the filing of charges regarding the practitioner's

 13.3   license, certificate, registration, or right of practice in

 13.4   another state or jurisdiction.

 13.5      Subd. 8.  [DEADLINES; FORMS.] Reports required by

 13.6   subdivisions 2 to 7 must be submitted not later than 30 days

 13.7   after the reporter learns of the occurrence of the reportable

 13.8   event or transaction.  The office may provide forms for the

 13.9   submission of reports required by this section, may require that

 13.10  reports be submitted on the forms provided, and may adopt rules

 13.11  necessary to ensure prompt and accurate reporting.

 13.12     Sec. 13.  [146A.04] [IMMUNITY.]

 13.13     Subdivision 1.  [REPORTING.] Any person, other than the

 13.14  unlicensed complementary and alternative health care

 13.15  practitioner who committed the violation, health care facility,

 13.16  business, or organization is immune from civil liability or

 13.17  criminal prosecution for submitting a report to the office, for

 13.18  otherwise reporting to the office violations or alleged

 13.19  violations of this chapter, or for cooperating with an

 13.20  investigation of a report, except as provided in this

 13.21  subdivision.  Any person who knowingly or recklessly makes a

 13.22  false report is liable in a civil suit for any damages suffered

 13.23  by the person or persons so reported and for any punitive

 13.24  damages set by the court or jury.  An action requires clear and

 13.25  convincing evidence that the defendant made the statement with

 13.26  knowledge of falsity or with reckless disregard for its truth or

 13.27  falsity.  The report or statement or any statement made in

 13.28  cooperation with an investigation or as part of a disciplinary

 13.29  proceeding is privileged except in an action brought under this

 13.30  subdivision.

 13.31     Subd. 2.  [INVESTIGATION.] The commissioner and employees

 13.32  of the department of health and other persons engaged in the

 13.33  investigation of violations and in the preparation,

 13.34  presentation, and management of and testimony pertaining to

 13.35  charges of violations of this chapter are immune from civil

 13.36  liability and criminal prosecution for any actions,

 14.1   transactions, or publications in the execution of, or relating

 14.2   to, their duties under this chapter.

 14.3      Sec. 14.  [146A.05] [DISCIPLINARY RECORD ON JUDICIAL

 14.4   REVIEW.]

 14.5      Upon judicial review of any disciplinary action taken by

 14.6   the commissioner under this chapter, the reviewing court shall

 14.7   seal the portions of the administrative record that contain data

 14.8   on a complementary and alternative health care client or a

 14.9   complainant under section 146A.03, and shall not make those

 14.10  portions of the administrative record available to the public.

 14.11     Sec. 15.  [146A.06] [PROFESSIONAL COOPERATION; UNLICENSED

 14.12  PRACTITIONER.]

 14.13     Subdivision 1.  [COOPERATION.] An unlicensed complementary

 14.14  and alternative health care practitioner who is the subject of

 14.15  an investigation, or who is questioned in connection with an

 14.16  investigation, by or on behalf of the office, shall cooperate

 14.17  fully with the investigation.  Cooperation includes responding

 14.18  fully and promptly to any question raised by or on behalf of the

 14.19  office relating to the subject of the investigation, whether

 14.20  tape recorded or not; providing copies of client records, as

 14.21  reasonably requested by the office, to assist the office in its

 14.22  investigation; and appearing at conferences or hearings

 14.23  scheduled by the commissioner.  If the office does not have a

 14.24  written consent from a client permitting access to the client's

 14.25  records, the unlicensed complementary and alternative health

 14.26  care practitioner shall delete in the record any data that

 14.27  identifies the client before providing it to the office.  If an

 14.28  unlicensed complementary and alternative health care

 14.29  practitioner refuses to give testimony or produce any documents,

 14.30  books, records, or correspondence on the basis of the fifth

 14.31  amendment to the Constitution of the United States, the

 14.32  commissioner may compel the unlicensed complementary and

 14.33  alternative health care practitioner to provide the testimony or

 14.34  information; however, the testimony or evidence may not be used

 14.35  against the practitioner in any criminal proceeding.  Challenges

 14.36  to requests of the office may be brought before the appropriate

 15.1   agency or court.

 15.2      Subd. 2.  [DATA.] (a) Data relating to investigations of

 15.3   complaints and disciplinary actions involving unlicensed

 15.4   complementary and alternative health care practitioners are

 15.5   governed by this subdivision and section 13.41 does not apply. 

 15.6   Except as provided in section 13.39, subdivision 2, and

 15.7   paragraph (b), data relating to investigations of complaints and

 15.8   disciplinary actions involving unlicensed complementary and

 15.9   alternative health care practitioners are public data,

 15.10  regardless of the outcome of any investigation, action, or

 15.11  proceeding.

 15.12     (b) The following data are private data on individuals, as

 15.13  defined in section 13.02:

 15.14     (1) data on a complementary and alternative health care

 15.15  client;

 15.16     (2) data on a complainant under section 146A.03; and

 15.17     (3) data on the nature or content of unsubstantiated

 15.18  complaints when the information is not maintained in

 15.19  anticipation of legal action.

 15.20     Subd. 3.  [EXCHANGING INFORMATION.] (a) The office shall

 15.21  establish internal operating procedures for:

 15.22     (1) exchanging information with state boards; agencies,

 15.23  including the office of ombudsman for mental health and mental

 15.24  retardation; health-related and law enforcement facilities;

 15.25  departments responsible for licensing health-related

 15.26  occupations, facilities, and programs; and law enforcement

 15.27  personnel in this and other states; and

 15.28     (2) coordinating investigations involving matters within

 15.29  the jurisdiction of more than one regulatory agency.

 15.30     (b) The procedures for exchanging information must provide

 15.31  for the forwarding to the entities described in paragraph (a),

 15.32  clause (1), of information and evidence, including the results

 15.33  of investigations, that are relevant to matters within the

 15.34  regulatory jurisdiction of the organizations in paragraph (a). 

 15.35  The data have the same classification in the hands of the agency

 15.36  receiving the data as they have in the hands of the agency

 16.1   providing the data.

 16.2      (c) The office shall establish procedures for exchanging

 16.3   information with other states regarding disciplinary action

 16.4   against unlicensed complementary and alternative health care

 16.5   practitioners.

 16.6      (d) The office shall forward to another governmental agency

 16.7   any complaints received by the office that do not relate to the

 16.8   office's jurisdiction but that relate to matters within the

 16.9   jurisdiction of the other governmental agency.  The agency to

 16.10  which a complaint is forwarded shall advise the office of the

 16.11  disposition of the complaint.  A complaint or other information

 16.12  received by another governmental agency relating to a statute or

 16.13  rule that the office is empowered to enforce must be forwarded

 16.14  to the office to be processed in accordance with this section.

 16.15     (e) The office shall furnish to a person who made a

 16.16  complaint a description of the actions of the office relating to

 16.17  the complaint.

 16.18     Sec. 16.  [146A.07] [PROFESSIONAL ACCOUNTABILITY.]

 16.19     The office shall maintain and keep current a file

 16.20  containing the reports and complaints filed against unlicensed

 16.21  complementary and alternative health care practitioners within

 16.22  the commissioner's jurisdiction.  Each complaint filed with the

 16.23  office must be investigated.  If the files maintained by the

 16.24  office show that a malpractice settlement or award has been made

 16.25  against an unlicensed complementary and alternative health care

 16.26  practitioner, as reported by insurers under section 146A.03,

 16.27  subdivision 5, the commissioner may authorize a review of the

 16.28  practitioner's practice by the staff of the office.

 16.29     Sec. 17.  [146A.08] [PROHIBITED CONDUCT.]

 16.30     Subdivision 1.  [PROHIBITED CONDUCT.] The commissioner may

 16.31  impose disciplinary action as described in section 146A.09

 16.32  against any unlicensed complementary and alternative health care

 16.33  practitioner.  The following conduct is prohibited and is

 16.34  grounds for disciplinary action: 

 16.35     (a) Conviction of a crime, including a finding or verdict

 16.36  of guilt, an admission of guilt, or a no-contest plea, in any

 17.1   court in Minnesota or any other jurisdiction in the United

 17.2   States, reasonably related to engaging in complementary and

 17.3   alternative health care practices.  Conviction, as used in this

 17.4   subdivision, includes a conviction of an offense which, if

 17.5   committed in this state, would be deemed a felony, gross

 17.6   misdemeanor, or misdemeanor, without regard to its designation

 17.7   elsewhere, or a criminal proceeding where a finding or verdict

 17.8   of guilty is made or returned but the adjudication of guilt is

 17.9   either withheld or not entered.

 17.10     (b) Conviction of any crime against a person.  For purposes

 17.11  of this chapter, a crime against a person means violations of

 17.12  the following:  sections 609.185; 609.19; 609.195; 609.20;

 17.13  609.205; 609.21; 609.215; 609.221; 609.222; 609.223; 609.224;

 17.14  609.2242; 609.23; 609.231; 609.2325; 609.233; 609.2335; 609.235;

 17.15  609.24; 609.245; 609.25; 609.255; 609.26, subdivision 1, clause

 17.16  (1) or (2); 609.265; 609.342; 609.343; 609.344; 609.345;

 17.17  609.365; 609.498, subdivision 1; 609.50, subdivision 1, clause

 17.18  (1); 609.561; 609.562; 609.595; and 609.72, subdivision 3.

 17.19     (c) Failure to comply with the self-reporting requirements

 17.20  of section 146A.03, subdivision 7.

 17.21     (d) Engaging in sexual contact with a complementary and

 17.22  alternative health care client or former client, engaging in

 17.23  contact that may be reasonably interpreted by a client as

 17.24  sexual, engaging in any verbal behavior that is seductive or

 17.25  sexually demeaning to the patient, or engaging in sexual

 17.26  exploitation of a client or former client.  For purposes of this

 17.27  clause, "former client" means a person who has obtained services

 17.28  from the unlicensed complementary and alternative health care

 17.29  practitioner within the past two years.

 17.30     (e) Advertising that is false, fraudulent, deceptive, or

 17.31  misleading.

 17.32     (f) Conduct likely to deceive, defraud, or harm the public

 17.33  or demonstrating a willful or careless disregard for the health,

 17.34  welfare, or safety of a complementary and alternative health

 17.35  care client; or any other practice that may create danger to any

 17.36  client's life, health, or safety, in any of which cases, proof

 18.1   of actual injury need not be established.

 18.2      (g) Adjudication as mentally incompetent or as a person who

 18.3   is dangerous to self or adjudication pursuant to chapter 253B as

 18.4   chemically dependent, mentally ill, mentally retarded, mentally

 18.5   ill and dangerous to the public, or as a sexual psychopathic

 18.6   personality or sexually dangerous person.

 18.7      (h) Inability to engage in complementary and alternative

 18.8   health care practices with reasonable safety to complementary

 18.9   and alternative health care clients. 

 18.10     (i) The habitual overindulgence in the use of or the

 18.11  dependence on intoxicating liquors.

 18.12     (j) Improper or unauthorized personal or other use of any

 18.13  legend drugs as defined in chapter 151, any chemicals as defined

 18.14  in chapter 151, or any controlled substance as defined in

 18.15  chapter 152.

 18.16     (k) Revealing a communication from, or relating to, a

 18.17  complementary and alternative health care client except when

 18.18  otherwise required or permitted by law.

 18.19     (l) Failure to comply with a complementary and alternative

 18.20  health care client's request made under section 144.335 or to

 18.21  furnish a complementary and alternative health care client

 18.22  record or report required by law.

 18.23     (m) Splitting fees or promising to pay a portion of a fee

 18.24  to any other professional other than for services rendered by

 18.25  the other professional to the complementary and alternative

 18.26  health care client.

 18.27     (n) Engaging in abusive or fraudulent billing practices,

 18.28  including violations of the federal Medicare and Medicaid laws

 18.29  or state medical assistance laws.

 18.30     (o) Failure to make reports as required by section 146A.03

 18.31  or cooperate with an investigation of the office.

 18.32     (p) Obtaining money, property, or services from a

 18.33  complementary and alternative health care client, other than

 18.34  reasonable fees for services provided to the client, through the

 18.35  use of undue influence, harassment, duress, deception, or fraud.

 18.36     (q) Undertaking or continuing a professional relationship

 19.1   with a complementary and alternative health care client in which

 19.2   the objectivity of the unlicensed complementary and alternative

 19.3   health care practitioner would be impaired.

 19.4      (r) Failure to provide a complementary and alternative

 19.5   health care client with a copy of the client bill of rights or

 19.6   violation of any provision of the client bill of rights.

 19.7      (s) Violating any order issued by the commissioner.

 19.8      (t) Failure to comply with any provision of sections

 19.9   146A.01 to 146A.11 and the rules adopted under those sections.

 19.10     (u) Failure to comply with any additional disciplinary

 19.11  grounds established by the commissioner by rule.

 19.12     (v) Revocation, suspension, restriction, limitation, or

 19.13  other disciplinary action against any health care license,

 19.14  certificate, registration, or right to practice of the

 19.15  unlicensed complementary and alternative health care

 19.16  practitioner in this or another state or jurisdiction for

 19.17  offenses that would be subject to disciplinary action in this

 19.18  state or failure to report to the office that charges regarding

 19.19  the practitioner's license, certificate, registration, or right

 19.20  of practice have been brought in this or another state or

 19.21  jurisdiction. 

 19.22     (w) Use of the title "doctor," "Dr.," or "physician" alone

 19.23  or in combination with any other words, letters, or insignia to

 19.24  describe the complementary and alternative health care practices

 19.25  the practitioner provides.

 19.26     (x) Failure to provide a complementary and alternative

 19.27  health care client with a recommendation that the client see a

 19.28  health care provider who is licensed or registered by a

 19.29  health-related licensing board or the commissioner of health, if

 19.30  there is a reasonable likelihood that the client needs to be

 19.31  seen by a licensed or registered health care provider. 

 19.32     Subd. 2.  [LESS CUSTOMARY APPROACH.] The fact that a

 19.33  complementary and alternative health care practice may be a less

 19.34  customary approach to health care shall not constitute the basis

 19.35  of a disciplinary action per se.

 19.36     Subd. 3.  [EVIDENCE.] In disciplinary actions alleging a

 20.1   violation of subdivision 1, paragraph (a), (b), (c), or (g), a

 20.2   copy of the judgment or proceeding under the seal of the court

 20.3   administrator or of the administrative agency that entered the

 20.4   same is admissible into evidence without further authentication

 20.5   and constitutes prima facie evidence of its contents.

 20.6      Subd. 4.  [EXAMINATION; ACCESS TO MEDICAL DATA.] (a) If the

 20.7   commissioner has probable cause to believe that an unlicensed

 20.8   complementary and alternativ>

 

Transfer interrupted!

 

20.9   engaged in conduct prohibited by subdivision 1, paragraph (g),

 20.10  (h), (i), or (j), the commissioner may issue an order directing

 20.11  the practitioner to submit to a mental or physical examination

 20.12  or chemical dependency evaluation.  For the purpose of this

 20.13  subdivision, every unlicensed complementary and alternative

 20.14  health care practitioner is deemed to have consented to submit

 20.15  to a mental or physical examination or chemical dependency

 20.16  evaluation when ordered to do so in writing by the commissioner

 20.17  and further to have waived all objections to the admissibility

 20.18  of the testimony or examination reports of the health care

 20.19  provider performing the examination or evaluation on the grounds

 20.20  that the same constitute a privileged communication.  Failure of

 20.21  an unlicensed complementary and alternative health care

 20.22  practitioner to submit to an examination or evaluation when

 20.23  ordered, unless the failure was due to circumstances beyond the

 20.24  practitioner's control, constitutes an admission that the

 20.25  unlicensed complementary and alternative health care

 20.26  practitioner violated subdivision 1, paragraph (g), (h), (i), or

 20.27  (j), based on the factual specifications in the examination or

 20.28  evaluation order and may result in a default and final

 20.29  disciplinary order being entered after a contested case

 20.30  hearing.  An unlicensed complementary and alternative health

 20.31  care practitioner affected under this paragraph shall at

 20.32  reasonable intervals be given an opportunity to demonstrate that

 20.33  the practitioner can resume the provision of complementary and

 20.34  alternative health care practices with reasonable safety to

 20.35  clients.  In any proceeding under this paragraph, neither the

 20.36  record of proceedings nor the orders entered by the commissioner

 21.1   shall be used against an unlicensed complementary and

 21.2   alternative health care practitioner in any other proceeding.

 21.3      (b) In addition to ordering a physical or mental

 21.4   examination or chemical dependency evaluation, the commissioner

 21.5   may, notwithstanding section 13.42; 144.651; 595.02; or any

 21.6   other law limiting access to medical or other health data,

 21.7   obtain medical data and health records relating to an unlicensed

 21.8   complementary and alternative health care practitioner without

 21.9   the practitioner's consent if the commissioner has probable

 21.10  cause to believe that a practitioner has engaged in conduct

 21.11  prohibited by subdivision 1, paragraph (g), (h), (i), or (j). 

 21.12  The medical data may be requested from a provider as defined in

 21.13  section 144.335, subdivision 1, paragraph (b), an insurance

 21.14  company, or a government agency, including the department of

 21.15  human services.  A provider, insurance company, or government

 21.16  agency shall comply with any written request of the commissioner

 21.17  under this subdivision and is not liable in any action for

 21.18  damages for releasing the data requested by the commissioner if

 21.19  the data are released pursuant to a written request under this

 21.20  subdivision, unless the information is false and the person or

 21.21  organization giving the information knew or had reason to

 21.22  believe the information was false.  Information obtained under

 21.23  this subdivision is private data under section 13.41.

 21.24     Sec. 18.  [146A.09] [DISCIPLINARY ACTIONS.]

 21.25     Subdivision 1.  [FORMS OF DISCIPLINARY ACTION.] When the

 21.26  commissioner finds that an unlicensed complementary and

 21.27  alternative health care practitioner has violated any provision

 21.28  of this chapter, the commissioner may take one or more of the

 21.29  following actions, only against the individual practitioner:

 21.30     (1) revoke the right to practice;

 21.31     (2) suspend the right to practice;

 21.32     (3) impose limitations or conditions on the practitioner's

 21.33  provision of complementary and alternative health care

 21.34  practices, impose rehabilitation requirements, or require

 21.35  practice under supervision;

 21.36     (4) impose a civil penalty not exceeding $10,000 for each

 22.1   separate violation, the amount of the civil penalty to be fixed

 22.2   so as to deprive the practitioner of any economic advantage

 22.3   gained by reason of the violation charged or to reimburse the

 22.4   office for all costs of the investigation and proceeding;

 22.5      (5) censure or reprimand the practitioner;

 22.6      (6) impose a fee on the practitioner to reimburse the

 22.7   office for all or part of the cost of the proceedings resulting

 22.8   in disciplinary action including, but not limited to, the amount

 22.9   paid by the office for services from the office of

 22.10  administrative hearings, attorney fees, court reports,

 22.11  witnesses, reproduction of records, staff time, and expense

 22.12  incurred by the staff of the office of unlicensed complementary

 22.13  and alternative health care practice; or

 22.14     (7) any other action justified by the case.

 22.15     Subd. 2.  [DISCOVERY; SUBPOENAS.] In all matters relating

 22.16  to the lawful activities of the office, the commissioner may

 22.17  issue subpoenas and compel the attendance of witnesses and the

 22.18  production of all necessary papers, books, records, documents,

 22.19  and other evidentiary material.  Any person failing or refusing

 22.20  to appear or testify regarding any matter about which the person

 22.21  may be lawfully questioned or failing to produce any papers,

 22.22  books, records, documents, or other evidentiary materials in the

 22.23  matter to be heard, after having been required by order of the

 22.24  commissioner or by a subpoena of the commissioner to do so may,

 22.25  upon application to the district court in any district, be

 22.26  ordered to comply with the order or subpoena.  The commissioner

 22.27  may administer oaths to witnesses or take their affirmation. 

 22.28  Depositions may be taken within or without the state in the

 22.29  manner provided by law for the taking of depositions in civil

 22.30  actions.  A subpoena or other process may be served upon a

 22.31  person it names anywhere within the state by any officer

 22.32  authorized to serve subpoenas or other process in civil actions

 22.33  in the same manner as prescribed by law for service of process

 22.34  issued out of the district court of this state.

 22.35     Subd. 3.  [HEARINGS.] If the commissioner proposes to take

 22.36  action against the practitioner as described in subdivision 1,

 23.1   the commissioner must first notify the practitioner against whom

 23.2   the action is proposed to be taken and provide the practitioner

 23.3   with an opportunity to request a hearing under the contested

 23.4   case provisions of chapter 14.  If the practitioner does not

 23.5   request a hearing by notifying the commissioner within 30 days

 23.6   after service of the notice of the proposed action, the

 23.7   commissioner may proceed with the action without a hearing.

 23.8      Subd. 4.  [REINSTATEMENT.] The commissioner may at the

 23.9   commissioner's discretion reinstate the right to practice and

 23.10  may impose any disciplinary measure listed under subdivision 1.

 23.11     Subd. 5.  [TEMPORARY SUSPENSION.] In addition to any other

 23.12  remedy provided by law, the commissioner may, acting through a

 23.13  person to whom the commissioner has delegated this authority and

 23.14  without a hearing, temporarily suspend the right of an

 23.15  unlicensed complementary and alternative health care

 23.16  practitioner to practice if the commissioner's delegate finds

 23.17  that the practitioner has violated a statute or rule that the

 23.18  commissioner is empowered to enforce and continued practice by

 23.19  the practitioner would create a serious risk of harm to others. 

 23.20  The suspension is in effect upon service of a written order on

 23.21  the practitioner specifying the statute or rule violated.  The

 23.22  order remains in effect until the commissioner issues a final

 23.23  order in the matter after a hearing or upon agreement between

 23.24  the commissioner and the practitioner.  Service of the order is

 23.25  effective if the order is served on the practitioner or counsel

 23.26  of record personally or by first class mail.  Within ten days of

 23.27  service of the order, the commissioner shall hold a hearing on

 23.28  the sole issue of whether there is a reasonable basis to

 23.29  continue, modify, or lift the suspension.  Evidence presented by

 23.30  the office or practitioner shall be in affidavit form only.  The

 23.31  practitioner or the counsel of record may appear for oral

 23.32  argument.  Within five working days after the hearing, the

 23.33  commissioner shall issue the commissioner's order and, if the

 23.34  suspension is continued, schedule a contested case hearing

 23.35  within 45 days after issuance of the order.  The administrative

 23.36  law judge shall issue a report within 30 days after closing of

 24.1   the contested case hearing record.  The commissioner shall issue

 24.2   a final order within 30 days after receipt of that report.

 24.3      Subd. 6.  [AUTOMATIC SUSPENSION.] The right of an

 24.4   unlicensed complementary and alternative health care

 24.5   practitioner to practice is automatically suspended if (1) a

 24.6   guardian of an unlicensed complementary and alternative health

 24.7   care practitioner is appointed by order of a court under

 24.8   sections 525.54 to 525.61, or (2) the practitioner is committed

 24.9   by order of a court pursuant to chapter 253B.  The right to

 24.10  practice remains suspended until the practitioner is restored to

 24.11  capacity by a court and, upon petition by the practitioner, the

 24.12  suspension is terminated by the commissioner after a hearing or

 24.13  upon agreement between the commissioner and the practitioner.

 24.14     Subd. 7.  [LICENSED OR REGULATED PRACTITIONERS.] If a

 24.15  practitioner investigated under this section is licensed or

 24.16  registered by the commissioner of health or a health-related

 24.17  licensing board, is subject to the jurisdiction of the

 24.18  commissioner under section 146A.01, subdivision 6, paragraph

 24.19  (a), clause (1), item (ii), and the commissioner determines that

 24.20  the practitioner has violated any provision of this chapter, the

 24.21  commissioner, in addition to taking disciplinary action under

 24.22  this section:

 24.23     (1) may, if the practitioner is licensed or regulated in

 24.24  another capacity by the commissioner, take further disciplinary

 24.25  action against the practitioner in that capacity; or

 24.26     (2) shall, if the practitioner is licensed or registered in

 24.27  another capacity by a health-related licensing board, report the

 24.28  commissioner's findings under this section, and may make a

 24.29  nonbinding recommendation that the board take further action

 24.30  against the practitioner in that capacity.

 24.31     Sec. 19.  [146A.10] [ADDITIONAL REMEDIES.]

 24.32     Subdivision 1.  [CEASE AND DESIST.] (a) The commissioner

 24.33  may issue a cease and desist order to stop a person from

 24.34  violating or threatening to violate a statute, rule, or order

 24.35  which the office has issued or is empowered to enforce.  The

 24.36  cease and desist order must state the reason for its issuance

 25.1   and give notice of the person's right to request a hearing under

 25.2   sections 14.57 to 14.62.  If, within 15 days of service of the

 25.3   order, the subject of the order fails to request a hearing in

 25.4   writing, the order is the final order of the commissioner and is

 25.5   not reviewable by a court or agency.

 25.6      (b) A hearing must be initiated by the office not later

 25.7   than 30 days from the date of the office's receipt of a written

 25.8   hearing request.  Within 30 days of receipt of the

 25.9   administrative law judge's report, the commissioner shall issue

 25.10  a final order modifying, vacating, or making permanent the cease

 25.11  and desist order as the facts require.  The final order remains

 25.12  in effect until modified or vacated by the commissioner.

 25.13     (c) When a request for a stay accompanies a timely hearing

 25.14  request, the commissioner may, in the commissioner's discretion,

 25.15  grant the stay.  If the commissioner does not grant a requested

 25.16  stay, the commissioner shall refer the request to the office of

 25.17  administrative hearings within three working days of receipt of

 25.18  the request.  Within ten days after receiving the request from

 25.19  the commissioner, an administrative law judge shall issue a

 25.20  recommendation to grant or deny the stay.  The commissioner

 25.21  shall grant or deny the stay within five days of receiving the

 25.22  administrative law judge's recommendation.

 25.23     (d) In the event of noncompliance with a cease and desist

 25.24  order, the commissioner may institute a proceeding in Hennepin

 25.25  county district court to obtain injunctive relief or other

 25.26  appropriate relief, including a civil penalty payable to the

 25.27  office not exceeding $10,000 for each separate violation.

 25.28     Subd. 2.  [INJUNCTIVE RELIEF.] In addition to any other

 25.29  remedy provided by law, including the issuance of a cease and

 25.30  desist order under subdivision 1, the commissioner may in the

 25.31  commissioner's own name bring an action in Hennepin county

 25.32  district court for injunctive relief to restrain an unlicensed

 25.33  complementary and alternative health care practitioner from a

 25.34  violation or threatened violation of any statute, rule, or order

 25.35  which the commissioner is empowered to regulate, enforce, or

 25.36  issue.  A temporary restraining order must be granted in the

 26.1   proceeding if continued activity by a practitioner would create

 26.2   a serious risk of harm to others.  The commissioner need not

 26.3   show irreparable harm.

 26.4      Subd. 3.  [ADDITIONAL POWERS.] The issuance of a cease and

 26.5   desist order or injunctive relief granted under this section

 26.6   does not relieve a practitioner from criminal prosecution by a

 26.7   competent authority or from disciplinary action by the

 26.8   commissioner.

 26.9      Sec. 20.  [146A.11] [COMPLEMENTARY AND ALTERNATIVE HEALTH

 26.10  CARE CLIENT BILL OF RIGHTS.]

 26.11     Subdivision 1.  [SCOPE.] All unlicensed complementary and

 26.12  alternative health care practitioners shall provide to each

 26.13  complementary and alternative health care client prior to

 26.14  providing treatment a written copy of the complementary and

 26.15  alternative health care client bill of rights.  A copy must also

 26.16  be posted in a prominent location in the office of the

 26.17  unlicensed complementary and alternative health care

 26.18  practitioner.  Reasonable accommodations shall be made for those

 26.19  clients who cannot read or who have communication impairments

 26.20  and those who do not read or speak English.  The complementary

 26.21  and alternative health care client bill of rights shall include

 26.22  the following:

 26.23     (1) the name, complementary and alternative health care

 26.24  title, business address, and telephone number of the unlicensed

 26.25  complementary and alternative health care practitioner;

 26.26     (2) the degrees, training, experience, or other

 26.27  qualifications of the practitioner regarding the complimentary

 26.28  and alternative health care being provided, followed by the

 26.29  following statement in bold print:

 26.30     "THE STATE OF MINNESOTA HAS NOT ADOPTED ANY EDUCATIONAL AND

 26.31  TRAINING STANDARDS FOR UNLICENSED COMPLEMENTARY AND ALTERNATIVE

 26.32  HEALTH CARE PRACTITIONERS.  THIS STATEMENT OF CREDENTIALS IS FOR

 26.33  INFORMATION PURPOSES ONLY.

 26.34     Under Minnesota law, an unlicensed complementary and

 26.35  alternative health care practitioner may not provide a medical

 26.36  diagnosis or recommend discontinuance of medically prescribed

 27.1   treatments.  If a client desires a diagnosis from a licensed

 27.2   physician, chiropractor, or acupuncture practitioner, or

 27.3   services from a physician, chiropractor, nurse, osteopath,

 27.4   physical therapist, dietitian, nutritionist, acupuncture

 27.5   practitioner, athletic trainer, or any other type of health care

 27.6   provider, the client may seek such services at any time.";

 27.7      (3) the name, business address, and telephone number of the

 27.8   practitioner's supervisor, if any;

 27.9      (4) notice that a complementary and alternative health care

 27.10  client has the right to file a complaint with the practitioner's

 27.11  supervisor, if any, and the procedure for filing complaints;

 27.12     (5) the name, address, and telephone number of the office

 27.13  of unlicensed complementary and alternative health care practice

 27.14  and notice that a client may file complaints with the office;

 27.15     (6) the practitioner's fees per unit of service, the

 27.16  practitioner's method of billing for such fees, the names of any

 27.17  insurance companies that have agreed to reimburse the

 27.18  practitioner, or health maintenance organizations with whom the

 27.19  practitioner contracts to provide service, whether the

 27.20  practitioner accepts Medicare, medical assistance, or general

 27.21  assistance medical care, and whether the practitioner is willing

 27.22  to accept partial payment, or to waive payment, and in what

 27.23  circumstances;

 27.24     (7) a statement that the client has a right to reasonable

 27.25  notice of changes in services or charges;

 27.26     (8) a brief summary, in plain language, of the theoretical

 27.27  approach used by the practitioner in providing services to

 27.28  clients;

 27.29     (9) notice that the client has a right to complete and

 27.30  current information concerning the practitioner's assessment and

 27.31  recommended service that is to be provided, including the

 27.32  expected duration of the service to be provided;

 27.33     (10) a statement that clients may expect courteous

 27.34  treatment and to be free from verbal, physical, or sexual abuse

 27.35  by the practitioner;

 27.36     (11) a statement that client records and transactions with

 28.1   the practitioner are confidential, unless release of these

 28.2   records is authorized in writing by the client, or otherwise

 28.3   provided by law;

 28.4      (12) a statement of the client's right to be allowed access

 28.5   to records and written information from records in accordance

 28.6   with section 144.335;

 28.7      (13) a statement that other services may be available in

 28.8   the community, including where information concerning services

 28.9   is available;

 28.10     (14) a statement that the client has the right to choose

 28.11  freely among available practitioners and to change practitioners

 28.12  after services have begun, within the limits of health

 28.13  insurance, medical assistance, or other health programs;

 28.14     (15) a statement that the client has a right to coordinated

 28.15  transfer when there will be a change in the provider of

 28.16  services;

 28.17     (16) a statement that the client may refuse services or

 28.18  treatment, unless otherwise provided by law; and

 28.19     (17) a statement that the client may assert the client's

 28.20  rights without retaliation.

 28.21     Subd. 2.  [ACKNOWLEDGMENT BY CLIENT.] Prior to the

 28.22  provision of any service, a complementary and alternative health

 28.23  care client must sign a written statement attesting that the

 28.24  client has received the complementary and alternative health

 28.25  care client bill of rights.

 28.26     Sec. 21.  Minnesota Statutes 1999 Supplement, section

 28.27  147.09, is amended to read:

 28.28     147.09 [EXEMPTIONS.]

 28.29     Section 147.081 does not apply to, control, prevent or

 28.30  restrict the practice, service, or activities of: 

 28.31     (1) A person who is a commissioned medical officer of, a

 28.32  member of, or employed by, the armed forces of the United

 28.33  States, the United States Public Health Service, the Veterans

 28.34  Administration, any federal institution or any federal agency

 28.35  while engaged in the performance of official duties within this

 28.36  state, if the person is licensed elsewhere. 

 29.1      (2) A licensed physician from a state or country who is in

 29.2   actual consultation here. 

 29.3      (3) A licensed or registered physician who treats the

 29.4   physician's home state patients or other participating patients

 29.5   while the physicians and those patients are participating

 29.6   together in outdoor recreation in this state as defined by

 29.7   section 86A.03, subdivision 3.  A physician shall first register

 29.8   with the board on a form developed by the board for that

 29.9   purpose.  The board shall not be required to promulgate the

 29.10  contents of that form by rule.  No fee shall be charged for this

 29.11  registration. 

 29.12     (4) A student practicing under the direct supervision of a

 29.13  preceptor while the student is enrolled in and regularly

 29.14  attending a recognized medical school. 

 29.15     (5) A student who is in continuing training and performing

 29.16  the duties of an intern or resident or engaged in postgraduate

 29.17  work considered by the board to be the equivalent of an

 29.18  internship or residency in any hospital or institution approved

 29.19  for training by the board, provided the student has a residency

 29.20  permit issued by the board under section 147.0391.

 29.21     (6) A person employed in a scientific, sanitary, or

 29.22  teaching capacity by the state university, the department of

 29.23  children, families, and learning, or by any public or private

 29.24  school, college, or other bona fide educational institution, a

 29.25  nonprofit organization, which has tax-exempt status in

 29.26  accordance with the Internal Revenue Code, section 501(c)(3),

 29.27  and is organized and operated primarily for the purpose of

 29.28  conducting scientific research directed towards discovering the

 29.29  causes of and cures for human diseases, or the state department

 29.30  of health, whose duties are entirely of a research, public

 29.31  health, or educational character, while engaged in such duties;

 29.32  provided that if the research includes the study of humans, such

 29.33  research shall be conducted under the supervision of one or more

 29.34  physicians licensed under this chapter.

 29.35     (7) Physician's assistants registered in this state. 

 29.36     (8) A doctor of osteopathy duly licensed by the state board

 30.1   of osteopathy under Minnesota Statutes 1961, sections 148.11 to

 30.2   148.16, prior to May 1, 1963, who has not been granted a license

 30.3   to practice medicine in accordance with this chapter provided

 30.4   that the doctor confines activities within the scope of the

 30.5   license.

 30.6      (9) Any person licensed by a health related licensing

 30.7   board, as defined in section 214.01, subdivision 2, or

 30.8   registered by the commissioner of health pursuant to section

 30.9   214.13, including psychological practitioners with respect to

 30.10  the use of hypnosis; provided that the person confines

 30.11  activities within the scope of the license. 

 30.12     (10) A person who practices ritual circumcision pursuant to

 30.13  the requirements or tenets of any established religion.

 30.14     (11) A Christian Scientist or other person who endeavors to

 30.15  prevent or cure disease or suffering exclusively by mental or

 30.16  spiritual means or by prayer.

 30.17     (12) A physician licensed to practice medicine in another

 30.18  state who is in this state for the sole purpose of providing

 30.19  medical services at a competitive athletic event.  The physician

 30.20  may practice medicine only on participants in the athletic

 30.21  event.  A physician shall first register with the board on a

 30.22  form developed by the board for that purpose.  The board shall

 30.23  not be required to adopt the contents of the form by rule.  The

 30.24  physician shall provide evidence satisfactory to the board of a

 30.25  current unrestricted license in another state.  The board shall

 30.26  charge a fee of $50 for the registration. 

 30.27     (13) A psychologist licensed under section 148.907 or a

 30.28  social worker licensed under section 148B.21 who uses or

 30.29  supervises the use of a penile or vaginal plethysmograph in

 30.30  assessing and treating individuals suspected of engaging in

 30.31  aberrant sexual behavior and sex offenders.

 30.32     (14) Any person issued a training course certificate or

 30.33  credentialed by the emergency medical services regulatory board

 30.34  established in chapter 144E, provided the person confines

 30.35  activities within the scope of training at the certified or

 30.36  credentialed level.

 31.1      (15) An unlicensed complementary and alternative health

 31.2   care practitioner practicing according to chapter 146A.

 31.3      Sec. 22.  Minnesota Statutes 1998, section 148.512,

 31.4   subdivision 5, is amended to read:

 31.5      Subd. 5.  [APPROVED CONTINUING EDUCATION SPONSOR.]

 31.6   "Approved Continuing education sponsor" means an organization

 31.7   that offers a learning experience designed to promote continuing

 31.8   competency in the procedures and techniques of the practice of

 31.9   speech-language pathology or audiology and that meets whose

 31.10  activities meet the criteria in section 148.5193, subdivision 3,

 31.11  or is a preapproved sponsor listed in section 148.5193,

 31.12  subdivision 2.

 31.13     Sec. 23.  Minnesota Statutes 1998, section 148.515,

 31.14  subdivision 3, is amended to read:

 31.15     Subd. 3.  [SUPERVISED CLINICAL TRAINING REQUIRED.] (a) An

 31.16  applicant must complete at least 375 hours of supervised

 31.17  clinical training as a student that meets the requirements of

 31.18  paragraphs (b) to (f). 

 31.19     (b) The supervised clinical training must be provided by

 31.20  the educational institution or by one of its cooperating

 31.21  programs. 

 31.22     (c) The first 25 hours of the supervised clinical training

 31.23  must be spent in clinical observation.  Those 25 hours must

 31.24  concern the evaluation and treatment of children and adults with

 31.25  disorders of speech, language, or hearing. 

 31.26     (d) All applicants must complete at least 350 hours of

 31.27  supervised clinical training that concern the evaluation and

 31.28  treatment of children and adults with disorders of speech,

 31.29  language, and hearing.  At least 250 of the 350 hours must be at

 31.30  the graduate level in the area in which registration is sought. 

 31.31  At least 50 hours must be spent in each of three types of

 31.32  clinical settings including, but not limited to, university

 31.33  clinics, hospitals, private clinics, and schools, including

 31.34  secondary and elementary. 

 31.35     (e) An applicant seeking registration as a speech-language

 31.36  pathologist must:

 32.1      (1) obtain 250 of the 350 supervised hours in

 32.2   speech-language pathology;

 32.3      (2) complete a minimum of 20 hours of the 250 hours in each

 32.4   of the following eight categories:

 32.5      (i) evaluation:  speech disorders in children;

 32.6      (ii) evaluation:  speech disorders in adults;

 32.7      (iii) evaluation:  language disorders in children;

 32.8      (iv) evaluation:  language disorders in adults;

 32.9      (v) treatment:  speech disorders in children;

 32.10     (vi) treatment:  speech disorders in adults;

 32.11     (vii) treatment:  language disorders in children; and

 32.12     (viii) treatment:  language disorders in adults;

 32.13     (3) complete a minimum of 35 hours in audiology including: 

 32.14     (i) 15 hours in the evaluation or screening of individuals

 32.15  with hearing disorders; and

 32.16     (ii) 15 hours in habilitation or rehabilitation of

 32.17  individuals with hearing impairment 20 of the 350 hours in

 32.18  audiology; and

 32.19     (4) obtain no more than 20 hours in the major professional

 32.20  area that are in related disorders. 

 32.21     (f) An applicant seeking registration as an audiologist

 32.22  must:

 32.23     (1) obtain 250 of the 350 hours in audiology;

 32.24     (2) complete a minimum of 40 hours in each of the following

 32.25  four categories of the 250 hours in each of the first two of the

 32.26  following categories, complete at least 80 hours in categories

 32.27  (iii) and (iv), with at least ten hours in each of categories

 32.28  (i) to (iv), and complete at least 20 hours in category (v):

 32.29     (i) evaluation:  hearing in children;

 32.30     (ii) evaluation:  hearing in adults;

 32.31     (iii) selection and use:  amplification and assistive

 32.32  devices for children; and

 32.33     (iv) selection and use:  amplification and assistive

 32.34  devices for adults; and

 32.35     (v) treatment:  hearing disorders in children and adults;

 32.36     (3) complete a minimum of 20 hours in the category of the

 33.1   treatment of hearing disorders in children and adults;

 33.2      (4) complete a minimum of 35 hours 20 of the 350 hours in

 33.3   speech-language pathology unrelated to hearing impairment as

 33.4   follows: 

 33.5      (i) 15 hours in evaluation or screening; and

 33.6      (ii) 15 hours in treatment; and

 33.7      (5) (4) obtain no more than 20 hours in the major

 33.8   professional area that are in related disorders. 

 33.9      Sec. 24.  Minnesota Statutes 1998, section 148.517, is

 33.10  amended by adding a subdivision to read:

 33.11     Subd. 4.  [TEMPORARY REGISTRATION.] (a) The commissioner

 33.12  shall issue temporary registration as a speech-language

 33.13  pathologist, an audiologist, or both, to an applicant who has

 33.14  applied for registration under this section and who:

 33.15     (1) submits a signed and dated affidavit stating that the

 33.16  applicant is not the subject of a disciplinary action or past

 33.17  disciplinary action in this or another jurisdiction and is not

 33.18  disqualified on the basis of section 148.5195, subdivision 3;

 33.19  and

 33.20     (2) either:

 33.21     (i) provides a copy of a current credential as a

 33.22  speech-language pathologist, an audiologist, or both, held in

 33.23  the District of Columbia or a state or territory of the United

 33.24  States; or

 33.25     (ii) provides a copy of a current certificate of clinical

 33.26  competence issued by the American Speech-Language-Hearing

 33.27  Association or its equivalent.

 33.28     (b) A temporary registration issued to a person under this

 33.29  subdivision expires 90 days after it is issued or on the date

 33.30  the commissioner grants or denies registration, whichever occurs

 33.31  first. 

 33.32     (c) Upon application, a temporary registration shall be

 33.33  renewed once to a person who is able to demonstrate good cause

 33.34  for failure to meet the requirements for registration within the

 33.35  initial temporary registration period and who is not the subject

 33.36  of a disciplinary action or disqualified on the basis of section

 34.1   148.5195, subdivision 3.

 34.2      Sec. 25.  Minnesota Statutes 1998, section 148.518,

 34.3   subdivision 2, is amended to read:

 34.4      Subd. 2.  [LAPSE OF MORE THAN THREE YEARS.] For an

 34.5   applicant whose registered status has lapsed for more than three

 34.6   years, the applicant must: 

 34.7      (1) apply for registration renewal according to section

 34.8   148.5191 and obtain a qualifying score on the examination

 34.9   described in section 148.515, subdivision 5, within one year of

 34.10  the application date for registration renewal; or

 34.11     (2) apply for renewal according to section 148.5191,

 34.12  provide evidence to the commissioner that the applicant holds a

 34.13  current and unrestricted credential for the practice of

 34.14  speech-language pathology from the Minnesota board of teaching

 34.15  or for the practice of speech-language pathology or audiology in

 34.16  another jurisdiction that has requirements equivalent to or

 34.17  higher than those in effect for Minnesota and provide evidence

 34.18  of compliance with Minnesota board of teaching or that

 34.19  jurisdiction's continuing education requirements.;

 34.20     (3) apply for renewal according to section 148.5191 and

 34.21  submit documentation of having completed a combination of

 34.22  speech-language pathology or audiology courses or a

 34.23  speech-language pathology or audiology refresher program that

 34.24  contains both a theoretical and clinical component preapproved

 34.25  or approved by the commissioner.  Only courses completed within

 34.26  one year preceding the date of the application or one year after

 34.27  the date of the application will qualify for approval; or

 34.28     (4) apply for renewal according to section 148.5191 and

 34.29  submit proof of successful completion and verified documentation

 34.30  of 160 hours of supervised practice approved by the

 34.31  commissioner.  To participate in a supervised practice, the

 34.32  applicant shall first apply and obtain temporary registration

 34.33  according to section 148.5161.

 34.34     Sec. 26.  Minnesota Statutes 1998, section 148.5193,

 34.35  subdivision 1, is amended to read:

 34.36     Subdivision 1.  [NUMBER OF CONTACT HOURS REQUIRED.] (a) An

 35.1   applicant for registration renewal must meet the requirements

 35.2   for continuing education according to paragraphs (b) to (e). 

 35.3      (b) An applicant for registration renewal as either a

 35.4   speech-language pathologist or an audiologist must provide

 35.5   evidence to the commissioner of a minimum of 30 contact hours of

 35.6   continuing education offered by an approved a continuing

 35.7   education sponsor within the two years immediately preceding

 35.8   registration renewal.  A minimum of 20 contact hours of

 35.9   continuing education must be directly related to the

 35.10  registrant's area of registration.  Ten contact hours of

 35.11  continuing education may be in areas generally related to the

 35.12  registrant's area of registration. 

 35.13     (c) An applicant for registration renewal as both a

 35.14  speech-language pathologist and an audiologist must attest to

 35.15  and document completion of a minimum of 36 contact hours of

 35.16  continuing education offered by an approved a continuing

 35.17  education sponsor within the two years immediately preceding

 35.18  registration renewal.  A minimum of 15 contact hours must be

 35.19  received in the area of speech-language pathology and a minimum

 35.20  of 15 contact hours must be received in the area of audiology. 

 35.21  Six contact hours of continuing education may be in areas

 35.22  generally related to the registrant's areas of registration. 

 35.23     (d) If the registrant is licensed by the board of teaching:

 35.24     (1) activities that are approved in the categories of

 35.25  Minnesota Rules, part 8700.1000, subpart 3, items A and B, and

 35.26  that relate to speech-language pathology, shall be considered:

 35.27     (i) offered by an approved a sponsor of continuing

 35.28  education; and

 35.29     (ii) directly related to speech-language pathology;

 35.30     (2) activities that are approved in the categories of

 35.31  Minnesota Rules, part 8700.1000, subpart 3, shall be considered:

 35.32     (i) offered by an approved a sponsor of continuing

 35.33  education; and

 35.34     (ii) generally related to speech-language pathology; and

 35.35     (3) one clock hour as defined in Minnesota Rules, part

 35.36  8700.1000, subpart 1, is equivalent to 1.2 contact hours of

 36.1   continuing education. 

 36.2      (e) Contact hours cannot be accumulated in advance and

 36.3   transferred to a future continuing education period. 

 36.4      Sec. 27.  Minnesota Statutes 1998, section 148.5193,

 36.5   subdivision 2, is amended to read:

 36.6      Subd. 2.  [PREAPPROVED CONTINUING EDUCATION PROVIDED BY

 36.7   SPONSORS.] The commissioner will accept continuing

 36.8   education approved or sponsored by the Minnesota department of

 36.9   health, the Minnesota Speech-Language-Hearing Association, the

 36.10  American Speech-Language-Hearing Association, the American

 36.11  Academy of Audiology, the Minnesota Academy of Audiology, the

 36.12  Academy of Rehabilitative Audiologists, the Acoustical Society

 36.13  of America, Twin Cities Clinical Speech-Language Pathologists,

 36.14  Minnesota Foundation for Acoustical Education and Research, or

 36.15  universities accredited by the American Speech-Language-Hearing

 36.16  Association.  provided by sponsors if the continuing education

 36.17  activity meets the following standards: 

 36.18     (1) constitutes an organized program of learning;

 36.19     (2) reasonably expects to advance the knowledge and skills

 36.20  of the speech-language pathologist or audiologist;

 36.21     (3) pertains to subjects that relate to the practice of

 36.22  speech-language pathology or audiology;

 36.23     (4) is conducted by individuals who have education,

 36.24  training, and experience by reason of which said individuals

 36.25  should be considered experts concerning the subject matter of

 36.26  the activity; and

 36.27     (5) is presented by a sponsor who has a mechanism to verify

 36.28  participation and maintains attendance records for four years.

 36.29     Sec. 28.  Minnesota Statutes 1998, section 148.5193,

 36.30  subdivision 4, is amended to read:

 36.31     Subd. 4.  [EARNING CONTINUING EDUCATION CONTACT HOURS

 36.32  THROUGH CONTACT HOUR EQUIVALENTS.] (a) A registrant who teaches

 36.33  continuing education courses may obtain contact hour equivalents

 36.34  according to paragraphs (b) to (d).

 36.35     (b) The sponsor of the course must be approved by the

 36.36  commissioner meet the requirements of subdivision 2. 

 37.1      (c) A registrant may not obtain more than six contact hours

 37.2   in any two-year continuing education period by teaching

 37.3   continuing education courses. 

 37.4      (d) A registrant may obtain two contact hours for each hour

 37.5   spent teaching a course if the course is sponsored by an

 37.6   approved continuing education sponsor.  Contact hours may be

 37.7   claimed only once for teaching the same course in any two-year

 37.8   continuing education period. 

 37.9      Sec. 29.  Minnesota Statutes 1998, section 148.5193,

 37.10  subdivision 6, is amended to read:

 37.11     Subd. 6.  [EVIDENCE RECORDS OF ATTENDANCE.] (a) A

 37.12  registrant must maintain for four years records of attending the

 37.13  continuing education contact hours required for registration

 37.14  renewal. 

 37.15     (b) An applicant for registration renewal must submit the

 37.16  following information on a form provided by the commissioner: 

 37.17  the sponsoring organization, the dates of the course, the course

 37.18  name, the number of contact hours completed, and the name and

 37.19  signature of the registrant.  The form must be submitted with

 37.20  the renewal application under section 148.5191, subdivision 1. 

 37.21     Sec. 30.  Minnesota Statutes 1998, section 148.5193, is

 37.22  amended by adding a subdivision to read:

 37.23     Subd. 6a.  [VERIFICATION OF ATTENDANCE.] An applicant for

 37.24  registration renewal must submit verification of attendance as

 37.25  follows:

 37.26     (1) a certificate of attendance from the sponsor with the

 37.27  continuing education course name, course date, and registrant's

 37.28  name;

 37.29     (2) a copy of a record of attendance from the sponsor of

 37.30  the continuing education course;

 37.31     (3) a signature of the presenter or a designee at the

 37.32  continuing education activity on the continuing education report

 37.33  form;

 37.34     (4) a summary or outline of the educational content of an

 37.35  audio or video educational activity if a designee is not

 37.36  available to sign the continuing education report form;

 38.1      (5) for self-study programs, a certificate of completion or

 38.2   other documentation indicating that the individual has

 38.3   demonstrated knowledge and has successfully completed the

 38.4   program; and

 38.5      (6) for attendance at a university, college, or vocational

 38.6   course, an official transcript.

 38.7      Sec. 31.  Minnesota Statutes 1998, section 148.5196,

 38.8   subdivision 3, is amended to read:

 38.9      Subd. 3.  [DUTIES.] The advisory council shall:  

 38.10     (1) advise the commissioner regarding speech-language

 38.11  pathologist and audiologist registration standards;

 38.12     (2) advise the commissioner on enforcement of sections

 38.13  148.511 to 148.5196;

 38.14     (3) provide for distribution of information regarding

 38.15  speech-language pathologist and audiologist registration

 38.16  standards;

 38.17     (4) review applications and make recommendations to the

 38.18  commissioner on granting or denying registration or registration

 38.19  renewal;

 38.20     (5) review reports of investigations relating to

 38.21  individuals and make recommendations to the commissioner as to

 38.22  whether registration should be denied or disciplinary action

 38.23  taken against the individual;

 38.24     (6) advise the commissioner regarding approval of

 38.25  continuing education activities provided by sponsors using the

 38.26  criteria in section 148.5193, subdivision 3 2; and

 38.27     (7) perform other duties authorized for advisory councils

 38.28  under chapter 214, or as directed by the commissioner.

 38.29     Sec. 32.  Minnesota Statutes 1998, section 148B.60,

 38.30  subdivision 3, is amended to read:

 38.31     Subd. 3.  [UNLICENSED MENTAL HEALTH PRACTITIONER OR

 38.32  PRACTITIONER.] "Unlicensed mental health practitioner" or

 38.33  "practitioner" means a person who provides or purports to

 38.34  provide, for remuneration, mental health services as defined in

 38.35  subdivision 4.  It does not include persons licensed by the

 38.36  board of medical practice under chapter 147 or registered by the

 39.1   board of medical practice under chapter 147A; the board of

 39.2   nursing under sections 148.171 to 148.285; the board of

 39.3   psychology under sections 148.88 to 148.98; the board of social

 39.4   work under sections 148B.18 to 148B.289; the board of marriage

 39.5   and family therapy under sections 148B.29 to 148B.39; or another

 39.6   licensing board if the person is practicing within the scope of

 39.7   the license; or members of the clergy who are providing pastoral

 39.8   services in the context of performing and fulfilling the

 39.9   salaried duties and obligations required of a member of the

 39.10  clergy by a religious congregation; American Indian medicine men

 39.11  and women; licensed attorneys; probation officers; school

 39.12  counselors employed by a school district while acting within the

 39.13  scope of employment as school counselors; registered

 39.14  occupational therapists; or occupational therapy assistants. 

 39.15  For the purposes of complaint investigation or disciplinary

 39.16  action relating to an individual practitioner, the term includes:

 39.17     (1) persons employed by a program licensed by the

 39.18  commissioner of human services who are acting as mental health

 39.19  practitioners within the scope of their employment;

 39.20     (2) persons employed by a program licensed by the

 39.21  commissioner of human services who are providing chemical

 39.22  dependency counseling services; persons who are providing

 39.23  chemical dependency counseling services in private practice; and

 39.24     (3) clergy who are providing mental health services that

 39.25  are equivalent to those defined in subdivision 4.

 39.26     Sec. 33.  Minnesota Statutes 1998, section 148B.68,

 39.27  subdivision 1, is amended to read:

 39.28     Subdivision 1.  [PROHIBITED CONDUCT.] The commissioner may

 39.29  impose disciplinary action as described in section 148B.69

 39.30  against any unlicensed mental health practitioner.  The

 39.31  following conduct is prohibited and is grounds for disciplinary

 39.32  action:

 39.33     (a) Conviction of a crime, including a finding or verdict

 39.34  of guilt, an admission of guilt, or a no contest plea, in any

 39.35  court in Minnesota or any other jurisdiction in the United

 39.36  States, reasonably related to the provision of mental health

 40.1   services.  Conviction, as used in this subdivision, includes a

 40.2   conviction of an offense which, if committed in this state,

 40.3   would be deemed a felony or gross misdemeanor without regard to

 40.4   its designation elsewhere, or a criminal proceeding where a

 40.5   finding or verdict of guilty is made or returned but the

 40.6   adjudication of guilt is either withheld or not entered.

 40.7      (b) Conviction of crimes against persons.  For purposes of

 40.8   this chapter, a crime against a person means violations of the

 40.9   following:  sections 609.185; 609.19; 609.195; 609.20; 609.205;

 40.10  609.21; 609.215; 609.221; 609.222; 609.223; 609.224; 609.2242;

 40.11  609.23; 609.231; 609.2325; 609.233; 609.2335; 609.235; 609.24;

 40.12  609.245; 609.25; 609.255; 609.26, subdivision 1, clause (1) or

 40.13  (2); 609.265; 609.342; 609.343; 609.344; 609.345; 609.365;

 40.14  609.498, subdivision 1; 609.50, clause (1); 609.561; 609.562;

 40.15  609.595; and 609.72, subdivision 3.

 40.16     (c) Failure to comply with the self-reporting requirements

 40.17  of section 148B.63, subdivision 7.

 40.18     (d) Engaging in sexual contact with a client or former

 40.19  client as defined in section 148A.01, or engaging in contact

 40.20  that may be reasonably interpreted by a client as sexual, or

 40.21  engaging in any verbal behavior that is seductive or sexually

 40.22  demeaning to the patient, or engaging in sexual exploitation of

 40.23  a client or former client.

 40.24     (e) Advertising that is false, fraudulent, deceptive, or

 40.25  misleading.

 40.26     (f) Conduct likely to deceive, defraud, or harm the public;

 40.27  or demonstrating a willful or careless disregard for the health,

 40.28  welfare, or safety of a client; or any other practice that may

 40.29  create unnecessary danger to any client's life, health, or

 40.30  safety, in any of which cases, proof of actual injury need not

 40.31  be established.

 40.32     (g) Adjudication as mentally incompetent, or as a person

 40.33  who is dangerous to self, or adjudication pursuant to chapter

 40.34  253B, as chemically dependent, mentally ill, mentally retarded,

 40.35  mentally ill and dangerous to the public, or as a sexual

 40.36  psychopathic personality or sexually dangerous person.

 41.1      (h) Inability to provide mental health services with

 41.2   reasonable safety to clients.

 41.3      (i) The habitual overindulgence in the use of or the

 41.4   dependence on intoxicating liquors.

 41.5      (j) Improper or unauthorized personal or other use of any

 41.6   legend drugs as defined in chapter 151, any chemicals as defined

 41.7   in chapter 151, or any controlled substance as defined in

 41.8   chapter 152.

 41.9      (k) Revealing a communication from, or relating to, a

 41.10  client except when otherwise required or permitted by law.

 41.11     (l) Failure to comply with a client's request made under

 41.12  section 144.335, or to furnish a client record or report

 41.13  required by law.

 41.14     (m) Splitting fees or promising to pay a portion of a fee

 41.15  to any other professional other than for services rendered by

 41.16  the other professional to the client.

 41.17     (n) Engaging in abusive or fraudulent billing practices,

 41.18  including violations of the federal Medicare and Medicaid laws

 41.19  or state medical assistance laws.

 41.20     (o) Failure to make reports as required by section 148B.63,

 41.21  or cooperate with an investigation of the office.

 41.22     (p) Obtaining money, property, or services from a client,

 41.23  other than reasonable fees for services provided to the client,

 41.24  through the use of undue influence, harassment, duress,

 41.25  deception, or fraud.

 41.26     (q) Undertaking or continuing a professional relationship

 41.27  with a client in which the objectivity of the professional would

 41.28  be impaired.

 41.29     (r) Failure to provide the client with a copy of the client

 41.30  bill of rights or violation of any provision of the client bill

 41.31  of rights.

 41.32     (s) Violating any order issued by the commissioner.

 41.33     (t) Failure to comply with sections 148B.60 to 148B.71, and

 41.34  the rules adopted under those sections.

 41.35     (u) Failure to comply with any additional disciplinary

 41.36  grounds established by the commissioner by rule.

 42.1      (v) Revocation, suspension, restriction, limitation, or

 42.2   other disciplinary action against the mental health

 42.3   practitioner's license, certificate, registration, or right of

 42.4   practice in this or another state or jurisdiction, for offenses

 42.5   that would be subject to disciplinary action in this state, or

 42.6   failure to report to the office of mental health practice that

 42.7   charges regarding the practitioner's license, certificate,

 42.8   registration, or right of practice have been brought in this or

 42.9   another state or jurisdiction.

 42.10     (w) Bartering for services with a client.

 42.11     Sec. 34.  Minnesota Statutes 1998, section 148B.69, is

 42.12  amended by adding a subdivision to read:

 42.13     Subd. 7.  [RELEASE TO OBTAIN NONPUBLIC DATA.] An unlicensed

 42.14  mental health practitioner who is the subject of an

 42.15  investigation must sign a release authorizing the commissioner

 42.16  to obtain criminal conviction data, reports about abuse or

 42.17  neglect of clients, and other information pertaining to

 42.18  investigations of violations of statutes or rules from the

 42.19  bureau of criminal apprehension, the Federal Bureau of

 42.20  Investigation, the department of human services, the office of

 42.21  health facilities complaints, private certification

 42.22  organizations, county social service agencies, the division of

 42.23  driver and vehicle services in the department of public safety,

 42.24  adult protection services, child protection services, and other

 42.25  agencies that regulate provision of health care services.  After

 42.26  the commissioner gives written notice to an individual who is

 42.27  the subject of an investigation, the agencies shall assist the

 42.28  commissioner with the investigation by giving the commissioner

 42.29  the requested data.

 42.30     Sec. 35.  Minnesota Statutes 1998, section 148B.71,

 42.31  subdivision 1, is amended to read:

 42.32     Subdivision 1.  [SCOPE.] All unlicensed mental health

 42.33  practitioners, other than those providing services in a facility

 42.34  regulated under section 144.651 or a government agency or

 42.35  program licensed by the commissioner of health or the

 42.36  commissioner of human services, shall provide to each client

 43.1   prior to providing treatment a written copy of the mental health

 43.2   client bill of rights.  A copy must also be posted in a

 43.3   prominent location in the office of the mental health

 43.4   practitioner.  Reasonable accommodations shall be made for those

 43.5   clients who cannot read or who have communication impairments

 43.6   and those who do not read or speak English.  The mental health

 43.7   client bill of rights shall include the following:

 43.8      (a) the name, title, business address, and telephone number

 43.9   of the practitioner;

 43.10     (b) the degrees, training, experience, or other

 43.11  qualifications of the practitioner, followed by the following

 43.12  statement in bold print:

 43.13     "THE STATE OF MINNESOTA HAS NOT ADOPTED UNIFORM EDUCATIONAL

 43.14  AND TRAINING STANDARDS FOR ALL MENTAL HEALTH PRACTITIONERS. 

 43.15  THIS STATEMENT OF CREDENTIALS IS FOR INFORMATION PURPOSES ONLY."

 43.16     (c) the name, business address, and telephone number of the

 43.17  practitioner's supervisor, if any;

 43.18     (d) notice that a client has the right to file a complaint

 43.19  with the practitioner's supervisor, if any, and the procedure

 43.20  for filing complaints;

 43.21     (e) the name, address, and telephone number of the office

 43.22  of mental health practice and notice that a client may file

 43.23  complaints with the office;

 43.24     (f) the practitioner's fees per unit of service, the

 43.25  practitioner's method of billing for such fees, the names of any

 43.26  insurance companies that have agreed to reimburse the

 43.27  practitioner, or health maintenance organizations with whom the

 43.28  practitioner contracts to provide service, whether the

 43.29  practitioner accepts Medicare, medical assistance, or general

 43.30  assistance medical care, and whether the practitioner is willing

 43.31  to accept partial payment, or to waive payment, and in what

 43.32  circumstances;

 43.33     (g) a statement that the client has a right to reasonable

 43.34  notice of changes in services or charges;

 43.35     (h) a brief summary, in plain language, of the theoretical

 43.36  approach used by the practitioner in treating patients;

 44.1      (i) notice that the client has a right to complete and

 44.2   current information concerning the practitioner's assessment and

 44.3   recommended course of treatment, including the expected duration

 44.4   of treatment;

 44.5      (j) a statement that clients may expect courteous treatment

 44.6   and to be free from verbal, physical, or sexual abuse by the

 44.7   practitioner;

 44.8      (k) a statement that client records and transactions with

 44.9   the practitioner are confidential, unless release of these

 44.10  records is authorized in writing by the client, or otherwise

 44.11  provided by law;

 44.12     (l) a statement of the client's right to be allowed access

 44.13  to records and written information from records in accordance

 44.14  with section 144.335;

 44.15     (m) a statement that other services may be available in the

 44.16  community, including where information concerning services is

 44.17  available;

 44.18     (n) a statement that the client has the right to choose

 44.19  freely among available practitioners, and to change

 44.20  practitioners after services have begun, within the limits of

 44.21  health insurance, medical assistance, or other health programs;

 44.22     (o) a statement that the client has a right to coordinated

 44.23  transfer when there will be a change in the provider of

 44.24  services;

 44.25     (p) a statement that the client may refuse services or

 44.26  treatment, unless otherwise provided by law; and

 44.27     (q) a statement that the client may assert the client's

 44.28  rights without retaliation.

 44.29     Sec. 36.  Minnesota Statutes 1998, section 148C.01,

 44.30  subdivision 2, is amended to read:

 44.31     Subd. 2.  [ALCOHOL AND DRUG COUNSELOR.] "Alcohol and drug

 44.32  counselor" or "counselor" means a person who:

 44.33     (1) uses, as a representation to the public, any title,

 44.34  initials, or description of services incorporating the words

 44.35  "alcohol and drug counselor";

 44.36     (2) offers to render professional alcohol and drug

 45.1   counseling services relative to the abuse of or the dependency

 45.2   on alcohol or other drugs to the general public or groups,

 45.3   organizations, corporations, institutions, or government

 45.4   agencies for compensation, implying that the person is licensed

 45.5   and trained, experienced or expert in alcohol and drug

 45.6   counseling;

 45.7      (3) holds a valid license issued under sections 148C.01 to

 45.8   148C.11 to engage in the practice of alcohol and drug

 45.9   counseling; or

 45.10     (4) is an applicant for an alcohol and drug counseling

 45.11  license. 

 45.12     Sec. 37.  Minnesota Statutes 1998, section 148C.01,

 45.13  subdivision 7, is amended to read:

 45.14     Subd. 7.  [ACCREDITED SCHOOL OR EDUCATIONAL PROGRAM.]

 45.15  "Accredited school or educational program" means a school of

 45.16  alcohol and drug counseling, university, college, or other

 45.17  post-secondary education program that offers no less than the

 45.18  required number of education and practicum hours as described in

 45.19  section 148C.04, subdivision 3, and the core functions as

 45.20  defined in subdivision 9, and that, at the time the student

 45.21  completes the program, is accredited by a regional accrediting

 45.22  association whose standards are substantially equivalent to

 45.23  those of the North Central Association of Colleges and

 45.24  Post-Secondary Education Institutions or an accrediting

 45.25  association that evaluates schools of alcohol and drug

 45.26  counseling for inclusion of the education, practicum, and core

 45.27  function standards in this chapter. 

 45.28     Sec. 38.  Minnesota Statutes 1998, section 148C.01,

 45.29  subdivision 9, is amended to read:

 45.30     Subd. 9.  [CORE FUNCTIONS.] "Core functions" means the

 45.31  following services provided in alcohol and drug dependency

 45.32  treatment: 

 45.33     (1) "Screening" means the process by which a client is

 45.34  determined appropriate and eligible for admission to a

 45.35  particular program.

 45.36     (2) "Intake" means the administrative and initial

 46.1   assessment procedures for admission to a program.

 46.2      (3) "Orientation" means describing to the client the

 46.3   general nature and goals of the program; rules governing client

 46.4   conduct and infractions that can lead to disciplinary action or

 46.5   discharge from the program; in a nonresidential program, the

 46.6   hours during which services are available; treatment costs to be

 46.7   borne by the client, if any; and client's rights.

 46.8      (4) "Assessment" means those procedures by which a

 46.9   counselor identifies and evaluates an individual's strengths,

 46.10  weaknesses, problems, and needs for the development of the to

 46.11  develop a treatment plan or make recommendations for level of

 46.12  care placement.

 46.13     (5) "Treatment planning" means the process by which the

 46.14  counselor and the client identify and rank problems needing

 46.15  resolution; establish agreed upon immediate and long-term goals;

 46.16  and decide on a treatment process and the sources to be utilized.

 46.17     (6) "Counseling" means the utilization of special skills to

 46.18  assist individuals, families, or groups in achieving objectives

 46.19  through exploration of a problem and its ramifications;

 46.20  examination of attitudes and feelings; consideration of

 46.21  alternative solutions; and decision making.

 46.22     (7) "Case management" means activities which bring

 46.23  services, agencies, resources, or people together within a

 46.24  planned framework of action toward the achievement of

 46.25  established goals.

 46.26     (8) "Crisis intervention" means those services which

 46.27  respond to an alcohol or other drug user's needs during acute

 46.28  emotional or physical distress.

 46.29     (9) "Client education" means the provision of information

 46.30  to clients who are receiving or seeking counseling concerning

 46.31  alcohol and other drug abuse and the available services and

 46.32  resources.

 46.33     (10) "Referral" means identifying the needs of the client

 46.34  which cannot be met by the counselor or agency and assisting the

 46.35  client to utilize the support systems and available community

 46.36  resources.

 47.1      (11) "Reports and recordkeeping" means charting the results

 47.2   of the assessment and treatment plan, writing reports, progress

 47.3   notes, discharge summaries, and other client-related data.

 47.4      (12) "Consultation with other professionals regarding

 47.5   client treatment and services" means communicating with other

 47.6   professionals in regard to client treatment and services to

 47.7   assure comprehensive, quality care for the client.

 47.8      Sec. 39.  Minnesota Statutes 1998, section 148C.01,

 47.9   subdivision 10, is amended to read:

 47.10     Subd. 10.  [PRACTICE OF ALCOHOL AND DRUG COUNSELING.]

 47.11  "Practice of alcohol and drug counseling" means the observation,

 47.12  description, evaluation, interpretation, and modification of

 47.13  human behavior as it relates to the harmful or pathological use

 47.14  or abuse of alcohol or other drugs by the application of the

 47.15  core functions.  The practice of alcohol and drug counseling

 47.16  includes, but is not limited to, the following activities,

 47.17  regardless of whether the counselor receives compensation for

 47.18  the activities:

 47.19     (1) assisting clients who use alcohol or drugs, evaluating

 47.20  that use, and recognizing dependency if it exists;

 47.21     (2) assisting clients with alcohol or other drug problems

 47.22  to gain insight and motivation aimed at resolving those

 47.23  problems;

 47.24     (3) providing experienced professional guidance,

 47.25  assistance, and support for the client's efforts to develop and

 47.26  maintain a responsible functional lifestyle;

 47.27     (4) recognizing problems outside the scope of the

 47.28  counselor's training, skill, or competence and referring the

 47.29  client to other appropriate professional services;

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

 47.31  involvement;

 47.32     (6) individual planning to prevent a return to harmful

 47.33  alcohol or chemical use;

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

 47.35     (8) consultation with other professionals; and

 47.36     (9) gaining cultural competence through ongoing training

 48.1   and education according to standards established by rule; and

 48.2      (10) providing the above services, as needed, to family

 48.3   members or others who are directly affected by someone using

 48.4   alcohol or other drugs.

 48.5      Sec. 40.  Minnesota Statutes 1998, section 148C.01, is

 48.6   amended by adding a subdivision to read:

 48.7      Subd. 18.  [PSYCHOMETRICALLY VALID AND

 48.8   RELIABLE.] "Psychometrically valid and reliable" means developed

 48.9   on the basis of role delineation, validation, reliability,

 48.10  passing point, and sensitivity review factors, according to

 48.11  generally accepted standards.

 48.12     Sec. 41.  Minnesota Statutes 1998, section 148C.03,

 48.13  subdivision 1, is amended to read:

 48.14     Subdivision 1.  [GENERAL.] The commissioner shall, after

 48.15  consultation with the advisory council or a committee

 48.16  established by rule:

 48.17     (a) adopt and enforce rules for licensure of alcohol and

 48.18  drug counselors, including establishing standards and methods of

 48.19  determining whether applicants and licensees are qualified under

 48.20  section 148C.04.  The rules must provide for examinations and

 48.21  establish standards for the regulation of professional conduct. 

 48.22  The rules must be designed to protect the public;

 48.23     (b) develop and, at least twice a year, administer an

 48.24  examination to assess applicants' knowledge and skills.  The

 48.25  commissioner may contract for the administration of an

 48.26  examination approved by the International Certification

 48.27  Reciprocity Consortium/Alcohol and Other Drug Abuse

 48.28  (ICRC/AODA) with an entity designated by the commissioner.  The

 48.29  examinations must be psychometrically valid and reliable; must

 48.30  be written and oral, with the oral examination based on a

 48.31  written case presentation; must minimize cultural bias,; and

 48.32  must be balanced in various theories relative to the practice of

 48.33  alcohol and drug counseling;

 48.34     (c) issue licenses to individuals qualified under sections

 48.35  148C.01 to 148C.11;

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

 49.1   applicants;

 49.2      (e) adopt rules to establish and implement procedures,

 49.3   including a standard disciplinary process and rules of

 49.4   professional conduct;

 49.5      (f) carry out disciplinary actions against licensees;

 49.6      (g) establish, with the advice and recommendations of the

 49.7   advisory council, written internal operating procedures for

 49.8   receiving and investigating complaints and for taking

 49.9   disciplinary actions as appropriate;

 49.10     (h) educate the public about the existence and content of

 49.11  the rules for alcohol and drug counselor licensing to enable

 49.12  consumers to file complaints against licensees who may have

 49.13  violated the rules;

 49.14     (i) evaluate the rules in order to refine and improve the

 49.15  methods used to enforce the commissioner's standards;

 49.16     (j) set, collect, and adjust license fees for alcohol and

 49.17  drug counselors so that the total fees collected will as closely

 49.18  as possible equal anticipated expenditures during the biennium,

 49.19  as provided in section 16A.1285; fees for initial and renewal

 49.20  application and examinations; late fees for counselors who

 49.21  submit license renewal applications after the renewal deadline;

 49.22  and a surcharge fee.  The surcharge fee must include an amount

 49.23  necessary to recover, over a five-year period, the

 49.24  commissioner's direct expenditures for the adoption of the rules

 49.25  providing for the licensure of alcohol and drug counselors.  All

 49.26  fees received shall be deposited in the state treasury and

 49.27  credited to the special revenue fund; and

 49.28     (k) prepare reports on activities related to the licensure

 49.29  of alcohol and drug counselors according to this subdivision by

 49.30  October 1 of each even-numbered year.  Copies of the reports

 49.31  shall be delivered to the legislature in accordance with section

 49.32  3.195 and to the governor.  The reports shall contain the

 49.33  following information on the commissioner's activities relating

 49.34  to the licensure of alcohol and drug counselors, for the

 49.35  two-year period ending the previous June 30:

 49.36     (1) a general statement of the activities;

 50.1      (2) the number of staff hours spent on the activities;

 50.2      (3) the receipts and disbursements of funds;

 50.3      (4) the names of advisory council members and their

 50.4   addresses, occupations, and dates of appointment and

 50.5   reappointment;

 50.6      (5) the names and job classifications of employees;

 50.7      (6) a brief summary of rules proposed or adopted during the

 50.8   reporting period with appropriate citations to the State

 50.9   Register and published rules;

 50.10     (7) the number of persons having each type of license

 50.11  issued by the commissioner as of June 30 in the year of the

 50.12  report;

 50.13     (8) the locations and dates of the administration of

 50.14  examinations by the commissioner;

 50.15     (9) the number of persons examined by the commissioner with

 50.16  the persons subdivided into groups showing age categories, sex,

 50.17  and states of residency;

 50.18     (10) the number of persons licensed by the commissioner

 50.19  after taking the examinations referred to in clause (8) with the

 50.20  persons subdivided by age categories, sex, and states of

 50.21  residency;

 50.22     (11) the number of persons not licensed by the commissioner

 50.23  after taking the examinations referred to in clause (8) with the

 50.24  persons subdivided by age categories, sex, and states of

 50.25  residency;

 50.26     (12) the number of persons not taking the examinations

 50.27  referred to in clause (8) who were licensed by the commissioner

 50.28  or who were denied licensing, the reasons for the licensing or

 50.29  denial, and the persons subdivided by age categories, sex, and

 50.30  states of residency;

 50.31     (13) the number of persons previously licensed by the

 50.32  commissioner whose licenses were revoked, suspended, or

 50.33  otherwise altered in status with brief statements of the reasons

 50.34  for the revocation, suspension, or alteration;

 50.35     (14) the number of written and oral complaints and other

 50.36  communications received by the commissioner which allege or

 51.1   imply a violation of a statute or rule which the commissioner is

 51.2   empowered to enforce;

 51.3      (15) a summary, by specific category, of the substance of

 51.4   the complaints and communications referred to in clause (14)

 51.5   and, for each specific category, the responses or dispositions;

 51.6   and

 51.7      (16) any other objective information which the commissioner

 51.8   believes will be useful in reviewing the commissioner's

 51.9   activities.

 51.10     Sec. 42.  Minnesota Statutes 1998, section 148C.04,

 51.11  subdivision 3, is amended to read:

 51.12     Subd. 3.  [LICENSING REQUIREMENTS FOR THE FIRST FIVE

 51.13  YEARS.] For five years after the effective date of the rules

 51.14  authorized in section 148C.03, the applicant, unless qualified

 51.15  under section 148C.06 during the two-year 25-month period

 51.16  authorized therein, under section 148C.07, or under subdivision

 51.17  4, must furnish evidence satisfactory to the commissioner that

 51.18  the applicant has met all the requirements in clauses (1) to (3).

 51.19  The applicant must have:

 51.20     (1) received an associate degree, or an equivalent number

 51.21  of credit hours, and a certificate in alcohol and drug

 51.22  counseling including 270 clock hours of alcohol and drug

 51.23  counseling classroom education from an accredited school or

 51.24  educational program and 880 clock hours of alcohol and drug

 51.25  counseling practicum;

 51.26     (2) completed a written case presentation and

 51.27  satisfactorily passed an oral examination that demonstrates

 51.28  competence in the core functions; and

 51.29     (3) satisfactorily passed a written examination as

 51.30  established by the commissioner.

 51.31     Sec. 43.  Minnesota Statutes 1998, section 148C.04, is

 51.32  amended by adding a subdivision to read:

 51.33     Subd. 6.  [TEMPORARY PRACTICE REQUIREMENTS.] (a) A person

 51.34  may temporarily practice alcohol and drug counseling prior to

 51.35  being licensed under this chapter if the person:

 51.36     (1) either:

 52.1      (i) meets the associate degree education and practicum

 52.2   requirements of subdivision 3, clause (1); or

 52.3      (ii) meets the bachelor's degree education and practicum

 52.4   requirements of subdivision 4, clause (1), item (i);

 52.5      (2) within 60 days of meeting the requirements of

 52.6   subdivision 3, clause (1), or subdivision 4, clause (1), item

 52.7   (i), requests, in writing, temporary practice status with the

 52.8   commissioner on an application form according to section

 52.9   148C.0351, which includes the nonrefundable license fee and an

 52.10  affirmation by the person's supervisor, as defined in paragraph

 52.11  (b), clause (1), and which is signed and dated by the person and

 52.12  the person's supervisor;

 52.13     (3) has not been disqualified to practice temporarily on

 52.14  the basis of a background investigation under section 148C.09,

 52.15  subdivision 1a; and

 52.16     (4) has been notified in writing by the commissioner that

 52.17  the person is qualified to practice under this subdivision.

 52.18     (b) A person practicing under this subdivision:

 52.19     (1) may practice only in a program licensed by the

 52.20  department of human services and under the direct, on-site

 52.21  supervision of a person who is licensed under this chapter and

 52.22  employed in that licensed program;

 52.23     (2) is subject to the rules of professional conduct set by

 52.24  rule;

 52.25     (3) is not subject to the continuing education requirements

 52.26  of section 148C.05; and

 52.27     (4) must be licensed according to this chapter within 12

 52.28  months of meeting the requirements of subdivision 3, clause (1),

 52.29  or subdivision 4, clause (1), item (i).

 52.30     (c) Upon written request, the commissioner may extend a

 52.31  person's temporary status if the person practices in a program

 52.32  described in section 148C.11, subdivision 3, paragraph (b),

 52.33  clause (2).

 52.34     (d) A person practicing under this subdivision may not hold

 52.35  himself or herself out to the public by any title or description

 52.36  stating or implying that the person is licensed to engage in the

 53.1   practice of alcohol and drug counseling.

 53.2      Sec. 44.  Minnesota Statutes 1998, section 148C.04, is

 53.3   amended by adding a subdivision to read:

 53.4      Subd. 7.  [EFFECT AND SUSPENSION OF TEMPORARY

 53.5   PRACTICE.] Approval of a person's application for temporary

 53.6   practice creates no rights to or expectation of approval from

 53.7   the commissioner for licensure as an alcohol and drug

 53.8   counselor.  The commissioner may suspend or restrict a person's

 53.9   temporary practice status according to section 148C.09.

 53.10     Sec. 45.  Minnesota Statutes 1998, section 148C.06,

 53.11  subdivision 1, is amended to read:

 53.12     Subdivision 1.  [QUALIFICATIONS.] For two years 25 months

 53.13  from the effective date of the rules authorized in section

 53.14  148C.03, subdivision 1, the commissioner shall issue a license

 53.15  to an applicant if the applicant meets one of the following

 53.16  qualifications: 

 53.17     (a) is credentialed as a certified chemical dependency

 53.18  counselor (CCDC) or certified chemical dependency counselor

 53.19  reciprocal (CCDCR) by the Institute for Chemical Dependency

 53.20  Professionals of Minnesota, Inc.; graduates from an accredited

 53.21  school or education program with a certificate of completion in

 53.22  alcohol and drug counselor studies that includes a minimum of

 53.23  270 clock hours of formal classroom education and 880 clock

 53.24  hours of alcohol and drug counselor internship and passes both

 53.25  the written and oral examinations according to this chapter; or

 53.26  has 2,080 hours of supervised alcohol and drug counselor

 53.27  experience, 270 clock hours of alcohol and drug counselor

 53.28  training with a minimum of 60 hours of the training occurring

 53.29  within the past five years, and 300 hours of alcohol and drug

 53.30  counselor internship and successfully completes the examination

 53.31  requirements in section 148C.04, subdivision 3, clauses (2) and

 53.32  (3);

 53.33     (b) has 6,000 hours of supervised alcohol and drug

 53.34  counselor experience as defined by the core functions, 270 clock

 53.35  hours of alcohol and drug counselor training with a minimum of

 53.36  60 hours of this training occurring within the past five years,

 54.1   300 hours of alcohol and drug counselor internship, and has

 54.2   successfully completed the examination requirements in section

 54.3   148C.04, subdivision 3, clauses (2) and (3);

 54.4      (c) has 10,000 hours of supervised alcohol and drug

 54.5   counselor experience as defined by the core functions, 270 clock

 54.6   hours of alcohol and drug training with a minimum of 60 hours of

 54.7   this training occurring within the past five years, and has

 54.8   successfully completed the requirements in section 148C.04,

 54.9   subdivision 3, clause (2) or (3), or is credentialed as a

 54.10  certified chemical dependency practitioner (CCDP) by the

 54.11  Institute for Chemical Dependency Professionals of Minnesota,

 54.12  Inc.; or

 54.13     (d) has 14,000 hours of supervised alcohol and drug

 54.14  counselor experience as defined by the core functions and 270

 54.15  clock hours of alcohol and drug training with a minimum of 60

 54.16  hours of this training occurring within the past five years; or

 54.17     (e) has met the special licensing criteria established

 54.18  pursuant to section 148C.11. 

 54.19     Sec. 46.  Minnesota Statutes 1998, section 148C.06,

 54.20  subdivision 2, is amended to read:

 54.21     Subd. 2.  [DOCUMENTATION OF STATUS; CERTAIN APPLICANTS.]

 54.22  (a) A licensure applications applicant under subdivision 1,

 54.23  paragraphs (a) and (c), may document certified status by

 54.24  submitting to the commissioner an original and current

 54.25  certificate issued by an international certification and

 54.26  reciprocity consortium board in this or another jurisdiction.

 54.27     (b) A licensure applicant under subdivision 1, paragraphs

 54.28  (b) and (c), must be deemed eligible for licensure within the

 54.29  transition period, provided the applicant:

 54.30     (1) made the application to the administrator of the exam

 54.31  or exams required by the commissioner before January 28, 2000;

 54.32     (2) passed the required examinations before January 28,

 54.33  2001; and

 54.34     (3) meets all other requirements for licensure under this

 54.35  section.

 54.36     Sec. 47.  Minnesota Statutes 1998, section 148C.09,

 55.1   subdivision 1, is amended to read:

 55.2      Subdivision 1.  [GROUNDS.] The commissioner may refuse to

 55.3   grant a license to, or may suspend, revoke, or restrict the

 55.4   license of an individual if the commissioner determines that a

 55.5   licensee or applicant: 

 55.6      (1) is incompetent to engage in alcohol and drug counseling

 55.7   practice or is found to be engaged in alcohol and drug

 55.8   counseling practice in a manner harmful or dangerous to a client

 55.9   or the public;

 55.10     (2) has violated the rules of the commissioner or the

 55.11  statutes the commissioner is empowered to enforce; or any law,

 55.12  rule order, stipulation and consent order, agreement, or

 55.13  settlement;

 55.14     (3) has obtained or attempted to obtain a license or

 55.15  license renewal by bribery or fraudulent misrepresentation;

 55.16     (4) has knowingly made a false statement on the form

 55.17  required to be submitted to the commissioner for licensing or

 55.18  license renewal;

 55.19     (5) has failed to obtain continuing education credits

 55.20  required by the commissioner;

 55.21     (6) has failed to demonstrate the qualifications or satisfy

 55.22  the requirements for a license contained in this chapter or

 55.23  rules of the commissioner.  The burden of proof shall be upon

 55.24  the applicant to demonstrate qualifications or satisfaction of

 55.25  requirements;

 55.26     (7) has been convicted of a crime, including a finding or

 55.27  verdict of guilt, an admission of guilt, or a no contest plea,

 55.28  in any court in Minnesota or any other jurisdiction in the

 55.29  United States, reasonably related to the provision of alcohol

 55.30  and drug counseling services.  Conviction, as used in this

 55.31  subdivision, includes conviction of an offense which, if

 55.32  committed in this state, would be deemed a felony or gross

 55.33  misdemeanor without regard to its designation elsewhere, or a

 55.34  criminal proceeding where a finding or verdict of guilty is made

 55.35  or returned but the adjudication of guilt is either withheld or

 55.36  not entered;

 56.1      (8) has been convicted of a crime against another person. 

 56.2   For purposes of this chapter, a crime against another person

 56.3   means an offense listed in section 148B.68, subdivision 1,

 56.4   paragraph (b);

 56.5      (9) has failed to comply with the self-reporting

 56.6   requirements of section 148C.095, subdivision 7;

 56.7      (10) has engaged in sexual contact with a client, or a

 56.8   former client, as defined in section 148A.01, or has engaged in

 56.9   conduct that may be reasonably interpreted by a client as

 56.10  sexual, or has engaged in any verbal behavior that is seductive

 56.11  or sexually demeaning to the client, or has engaged in sexual

 56.12  exploitation of a client or former client;

 56.13     (11) has engaged in false, fraudulent, deceptive, or

 56.14  misleading advertising;

 56.15     (12) has engaged in conduct likely to deceive, defraud, or

 56.16  harm the public; or has demonstrated a willful or careless

 56.17  disregard for the health, welfare, or safety of a client; or any

 56.18  other practice that may create unnecessary danger to any

 56.19  client's life, health, or safety, in any of which cases, proof

 56.20  of actual injury need not be established;

 56.21     (13) has been adjudicated as mentally incompetent, or as a

 56.22  person who has a psychopathic personality, or who is dangerous

 56.23  to self, or has been adjudicated as chemically dependent,

 56.24  mentally ill, mentally retarded, or mentally ill and dangerous

 56.25  to the public pursuant to chapter 253B;

 56.26     (14) is unable to provide alcohol and drug counseling

 56.27  services with reasonable safety to clients;

 56.28     (15) is has habitually overindulgent overindulged in the

 56.29  use of or the dependence on alcohol within the past two years;

 56.30     (16) has engaged in the improper or unauthorized personal

 56.31  or other use of any legend drugs as defined in section 151.01,

 56.32  any chemicals as defined in section 151.01, or any controlled

 56.33  substance as defined in section 152.01 within the past two

 56.34  years;

 56.35     (17) reveals a communication from, or relating to, a client

 56.36  except when required or permitted by law;

 57.1      (18) fails to comply with a client's request for health

 57.2   records made under section 144.335, or to furnish a client

 57.3   record or report required by law;

 57.4      (19) has engaged in fee splitting or promises to pay a

 57.5   portion of a fee to any other professional other than for

 57.6   services rendered by the other professional to the client;

 57.7      (20) has engaged in abusive or fraudulent billing

 57.8   practices, including violations of the federal Medicare and

 57.9   Medicaid laws or state medical assistance laws;

 57.10     (21) fails to make reports as required by section 148C.095,

 57.11  or cooperate with an investigation of the commissioner;

 57.12     (22) obtains money, property, or services from a client,

 57.13  other than reasonable fees for services provided to the client,

 57.14  through the use of undue influence, harassment, duress,

 57.15  deception, or fraud;

 57.16     (23) undertakes or continues a professional relationship

 57.17  with a client in which the objectivity of the alcohol and drug

 57.18  counselor may be impaired;

 57.19     (24) engages in conduct that constitutes grounds for

 57.20  discipline as established by the commissioner in rule; or

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

 57.22     Sec. 48.  Minnesota Statutes 1998, section 148C.09,

 57.23  subdivision 1a, is amended to read:

 57.24     Subd. 1a.  [BACKGROUND INVESTIGATION.] The applicant must

 57.25  sign a release authorizing the commissioner to obtain

 57.26  information from the bureau of criminal apprehension, the

 57.27  Federal Bureau of Investigation, the office of mental health

 57.28  practice, the department of human services, the office of health

 57.29  facilities complaints, and other agencies specified in the

 57.30  rules.  After the commissioner has given written notice to an

 57.31  individual who is the subject of a background investigation, the

 57.32  agencies shall assist the commissioner with the investigation by

 57.33  giving the commissioner criminal conviction data, reports about

 57.34  abuse or neglect of clients substantiated maltreatment of minors

 57.35  and vulnerable adults, and other information specified in the

 57.36  rules.  The commissioner may contract with the commissioner of

 58.1   human services to obtain criminal history data from the bureau

 58.2   of criminal apprehension.

 58.3      Sec. 49.  Minnesota Statutes 1998, section 148C.10, is

 58.4   amended by adding a subdivision to read:

 58.5      Subd. 1a.  [PRACTICE ALLOWED; CERTAIN INDIVIDUALS.] (a)

 58.6   Notwithstanding subdivision 1, individuals may engage in alcohol

 58.7   and drug counseling practice only until the commissioner issues

 58.8   a license or denies the license application, whichever occurs

 58.9   sooner, provided the individual: 

 58.10     (1) was employed as an alcohol and drug counselor before

 58.11  January 28, 2000;

 58.12     (2) is under the supervision of an alcohol and drug

 58.13  counselor who is licensed under this chapter or employed in a

 58.14  program licensed by the department of human services;

 58.15     (3) has not applied and been rejected or denied a license

 58.16  by the commissioner on any grounds under this chapter, other

 58.17  than failure to satisfy examination requirements, or on the

 58.18  basis of an investigation under chapter 148B; and

 58.19     (4) either: 

 58.20     (i) made application to the commissioner for a license as

 58.21  an alcohol and drug counselor before January 28, 2000; or

 58.22     (ii) made application to the administrator of the exam or

 58.23  exams required by the commissioner before January 28, 2000,

 58.24  passes the examinations before January 28, 2001, and within 60

 58.25  calendar days of passing the examinations makes application to

 58.26  the commissioner for a license under this chapter. 

 58.27     (b) As used in this subdivision, supervision means

 58.28  monitoring activities of and accepting legal liability for the

 58.29  individual practicing without a license.

 58.30     (c) Practice allowed under this subdivision creates no

 58.31  rights or expectations of approval from the commissioner for

 58.32  licensing as an alcohol and drug counselor.  The commissioner

 58.33  may suspend or restrict practice under this subdivision as

 58.34  authorized under section 148C.09.

 58.35     Sec. 50.  Minnesota Statutes 1998, section 148C.11,

 58.36  subdivision 1, is amended to read:

 59.1      Subdivision 1.  [OTHER PROFESSIONALS.] Nothing in sections

 59.2   148C.01 to 148C.10 shall prevent members of other professions or

 59.3   occupations from performing functions for which they are

 59.4   qualified or licensed.  This exception includes, but is not

 59.5   limited to, licensed physicians, registered nurses, licensed

 59.6   practical nurses, licensed psychological practitioners, members

 59.7   of the clergy, American Indian medicine men and women, licensed

 59.8   attorneys, probation officers, licensed marriage and family

 59.9   therapists, licensed social workers, licensed professional

 59.10  counselors, school counselors employed by a school district

 59.11  while acting within the scope of employment as school

 59.12  counselors, and registered occupational therapists or

 59.13  occupational therapy assistants.  These persons must not,

 59.14  however, use a title incorporating the words "alcohol and drug

 59.15  counselor" or "licensed alcohol and drug counselor" or otherwise

 59.16  hold themselves out to the public by any title or description

 59.17  stating or implying that they are engaged in the practice of

 59.18  alcohol and drug counseling, or that they are licensed to engage

 59.19  in the practice of alcohol and drug counseling.  Persons engaged

 59.20  in the practice of alcohol and drug counseling are not exempt

 59.21  from the commissioner's jurisdiction solely by the use of one of

 59.22  the above titles.

 59.23     Sec. 51.  Minnesota Statutes 1998, section 153A.13,

 59.24  subdivision 9, is amended to read:

 59.25     Subd. 9.  [SUPERVISION.] "Supervision" means on-site

 59.26  observing and monitoring activities of, and accepting

 59.27  responsibility for, the hearing instrument dispensing activities

 59.28  of a trainee.

 59.29     Sec. 52.  Minnesota Statutes 1998, section 153A.13, is

 59.30  amended by adding a subdivision to read:

 59.31     Subd. 10.  [DIRECT SUPERVISION OR DIRECTLY

 59.32  SUPERVISED.] "Direct supervision" or "directly supervised" means

 59.33  the on-site and contemporaneous location of a supervisor and

 59.34  trainee, when the supervisor observes the trainee engaging in

 59.35  hearing instrument dispensing with a consumer.

 59.36     Sec. 53.  Minnesota Statutes 1998, section 153A.13, is

 60.1   amended by adding a subdivision to read:

 60.2      Subd. 11.  [INDIRECT SUPERVISION OR INDIRECTLY

 60.3   SUPERVISED.] "Indirect supervision" or "indirectly supervised"

 60.4   means the remote and independent performance of hearing

 60.5   instrument dispensing by a trainee when authorized under section

 60.6   153A.14, subdivision 4a, paragraph (b).

 60.7      Sec. 54.  Minnesota Statutes 1998, section 153A.14,

 60.8   subdivision 1, is amended to read:

 60.9      Subdivision 1.  [APPLICATION FOR CERTIFICATE.] An applicant

 60.10  must:

 60.11     (1) be 18 21 years of age or older;

 60.12     (2) apply to the commissioner for a certificate to dispense

 60.13  hearing instruments on application forms provided by the

 60.14  commissioner;

 60.15     (3) at a minimum, provide the applicant's name, social

 60.16  security number, business address and phone number, employer,

 60.17  and information about the applicant's education, training, and

 60.18  experience in testing human hearing and fitting hearing

 60.19  instruments;

 60.20     (4) include with the application a statement that the

 60.21  statements in the application are true and correct to the best

 60.22  of the applicant's knowledge and belief;

 60.23     (5) include with the application a written and signed

 60.24  authorization that authorizes the commissioner to make inquiries

 60.25  to appropriate regulatory agencies in this or any other state

 60.26  where the applicant has sold hearing instruments;

 60.27     (6) submit certification to the commissioner that the

 60.28  applicant's audiometric equipment has been calibrated to meet

 60.29  current ANSI standards within 12 months of the date of the

 60.30  application;

 60.31     (7) submit evidence of continuing education credits, if

 60.32  required; and

 60.33     (8) submit all fees as required under section 153A.17.

 60.34     Sec. 55.  Minnesota Statutes 1998, section 153A.14,

 60.35  subdivision 2a, is amended to read:

 60.36     Subd. 2a.  [EXEMPTION FROM WRITTEN EXAMINATION

 61.1   REQUIREMENT.] Persons completing the audiology registration

 61.2   requirements of section 148.515 after January 1, 1996, are

 61.3   exempt from the written examination requirements of subdivision

 61.4   2h, paragraph (a), clause (1).  Minnesota registration or

 61.5   American Speech-Language-Hearing Association certification as an

 61.6   audiologist is not required but may be submitted as evidence

 61.7   qualifying for exemption from the written examination if the

 61.8   requirements are completed after January 1, 1996.  Persons

 61.9   qualifying for written examination exemption must fulfill the

 61.10  other credentialing requirements under subdivisions 1 and 2

 61.11  before a certificate may be issued by the commissioner.

 61.12     Sec. 56.  Minnesota Statutes 1998, section 153A.14,

 61.13  subdivision 2h, is amended to read:

 61.14     Subd. 2h.  [CERTIFICATION BY EXAMINATION.] An applicant

 61.15  must achieve a passing score, as determined by the commissioner,

 61.16  on an examination according to paragraphs (a) to (c).

 61.17     (a) The examination must include, but is not limited to:

 61.18     (1) A written examination approved by the commissioner

 61.19  covering the following areas as they pertain to hearing

 61.20  instrument selling:

 61.21     (i) basic physics of sound;

 61.22     (ii) the anatomy and physiology of the ear;

 61.23     (iii) the function of hearing instruments;

 61.24     (iv) the principles of hearing instrument selection; and

 61.25     (v) state and federal laws, rules, and regulations.

 61.26     (2) Practical tests of proficiency in the following

 61.27  techniques as they pertain to hearing instrument selling:

 61.28     (i) pure tone audiometry, including air conduction testing

 61.29  and bone conduction testing;

 61.30     (ii) live voice or recorded voice speech audiometry

 61.31  including speech recognition (discrimination) testing, most

 61.32  comfortable loudness level, and uncomfortable loudness

 61.33  measurements of tolerance thresholds;

 61.34     (iii) masking when indicated;

 61.35     (iv) recording and evaluation of audiograms and speech

 61.36  audiometry to determine proper selection and fitting of a

 62.1   hearing instrument;

 62.2      (v) taking ear mold impressions; and

 62.3      (vi) using an otoscope for the visual observation of the

 62.4   entire ear canal.

 62.5      (b) The examination shall be administered by the

 62.6   commissioner at least twice a year.

 62.7      (c) An applicant must achieve a passing score on all

 62.8   portions of the examination within a two-year period.  An

 62.9   applicant who does not achieve a passing score on all portions

 62.10  of the examination within a two-year period must retake the

 62.11  entire examination and achieve a passing score on each portion

 62.12  of the examination.  An applicant who does not apply for

 62.13  certification within one year of successful completion of the

 62.14  examination must retake the examination and achieve a passing

 62.15  score on each portion of the examination.  An applicant may not

 62.16  take any part of the examination more than three times in a

 62.17  two-year period.

 62.18     Sec. 57.  Minnesota Statutes 1998, section 153A.14,

 62.19  subdivision 4, is amended to read:

 62.20     Subd. 4.  [DISPENSING OF HEARING INSTRUMENTS WITHOUT

 62.21  CERTIFICATE.] Except as provided in subdivision subdivisions 4a

 62.22  and 4c, it is unlawful for any person not holding a valid

 62.23  certificate to dispense a hearing instrument as defined in

 62.24  section 153A.13, subdivision 3.  A person who dispenses a

 62.25  hearing instrument without the certificate required by this

 62.26  section is guilty of a gross misdemeanor. 

 62.27     Sec. 58.  Minnesota Statutes 1998, section 153A.14,

 62.28  subdivision 4a, is amended to read:

 62.29     Subd. 4a.  [TRAINEES.] (a) A person who is not certified

 62.30  under this section may dispense hearing instruments as a trainee

 62.31  for a period not to exceed 12 months if the person:

 62.32     (1) submits an application on forms provided by the

 62.33  commissioner;

 62.34     (2) is under the supervision of a certified dispenser

 62.35  meeting the requirements of this subdivision; and

 62.36     (3) meets all requirements for certification except passage

 63.1   of the examination required by this section.

 63.2      (b) A certified hearing instrument dispenser may not

 63.3   supervise more than two trainees at the same time and may not

 63.4   directly supervise more than one trainee at a time.  The

 63.5   certified dispenser is responsible for all actions or omissions

 63.6   of a trainee in connection with the dispensing of hearing

 63.7   instruments.  A certified dispenser may not supervise a trainee

 63.8   if there are any commissioner, court, or other orders, currently

 63.9   in effect or issued within the last five years, that were issued

 63.10  with respect to an action or omission of a certified dispenser

 63.11  or a trainee under the certified dispenser's supervision.

 63.12     Trainees Until taking and passing the practical examination

 63.13  testing the techniques described in subdivision 2h, paragraph

 63.14  (a), clause (2), trainees must be directly supervised in all

 63.15  areas described in subdivision 4b, and the activities tested by

 63.16  the practical examination.  Two hundred hours of on-site

 63.17  observations must be completed within the trainee period with a

 63.18  minimum of 100 hours involving the supervisor, trainee, and a

 63.19  consumer.  In addition Thereafter, trainees may dispense hearing

 63.20  instruments under indirect supervision until expiration of the

 63.21  trainee period.  Under indirect supervision, the trainee must

 63.22  complete two monitored activities a week.  Monitored activities

 63.23  may be executed by correspondence, telephone, or other

 63.24  telephonic devices, and include, but are not limited to,

 63.25  evaluation of audiograms, written reports, and contracts.  The

 63.26  time spent in supervision must be recorded and the record

 63.27  retained by the supervisor.

 63.28     Sec. 59.  Minnesota Statutes 1998, section 153A.14, is

 63.29  amended by adding a subdivision to read:

 63.30     Subd. 4c.  [RECIPROCITY.] (a) A person applying for

 63.31  certification as a hearing instrument dispenser under

 63.32  subdivision 1 who has dispensed hearing instruments in another

 63.33  jurisdiction may dispense hearing instruments as a trainee under

 63.34  indirect supervision if the person:

 63.35     (1) satisfies the provisions of subdivision 4a, paragraph

 63.36  (a);

 64.1      (2) submits a signed and dated affidavit stating that the

 64.2   applicant is not the subject of a disciplinary action or past

 64.3   disciplinary action in this or another jurisdiction and is not

 64.4   disqualified on the basis of section 153A.15, subdivision 1; and

 64.5      (3) provides a copy of a current credential as a hearing

 64.6   instrument dispenser, an audiologist, or both, held in the

 64.7   District of Columbia or a state or territory of the United

 64.8   States.

 64.9      (b) A person becoming a trainee under this subdivision who

 64.10  fails to take and pass the practical examination described in

 64.11  subdivision 2h, paragraph (a), clause (2), when next offered

 64.12  must cease dispensing hearing instruments unless under direct

 64.13  supervision.

 64.14     Sec. 60.  Minnesota Statutes 1998, section 153A.14, is

 64.15  amended by adding a subdivision to read:

 64.16     Subd. 4d.  [EXPIRATION OF TRAINEE PERIOD.] The trainee

 64.17  period automatically expires two months following notice of

 64.18  passing all examination requirements of subdivision 2h.

 64.19     Sec. 61.  Minnesota Statutes 1998, section 153A.15,

 64.20  subdivision 1, is amended to read:

 64.21     Subdivision 1.  [PROHIBITED ACTS.] The commissioner may

 64.22  take enforcement action as provided under subdivision 2 against

 64.23  a dispenser of hearing instruments for the following acts and

 64.24  conduct:

 64.25     (1) prescribing or otherwise recommending to a consumer or

 64.26  potential consumer the use of a hearing instrument, unless the

 64.27  prescription from a physician or recommendation from a hearing

 64.28  instrument dispenser or audiologist is in writing, is based on

 64.29  an audiogram that is delivered to the consumer or potential

 64.30  consumer when the prescription or recommendation is made, and

 64.31  bears the following information in all capital letters of

 64.32  12-point or larger boldface type:  "THIS PRESCRIPTION OR

 64.33  RECOMMENDATION MAY BE FILLED BY, AND HEARING INSTRUMENTS MAY BE

 64.34  PURCHASED FROM, THE CERTIFIED DISPENSER OF YOUR CHOICE";

 64.35     (2) failing to give a copy of the audiogram, upon which the

 64.36  prescription or recommendation is based, to the consumer when

 65.1   there has been a charge for the audiogram and the consumer

 65.2   requests a copy;

 65.3      (3) dispensing a hearing instrument to a minor person 18

 65.4   years or younger unless evaluated by an audiologist for hearing

 65.5   evaluation and hearing aid evaluation;

 65.6      (4) failing to provide the consumer rights brochure

 65.7   required by section 153A.14, subdivision 9;

 65.8      (4) (5) being disciplined through a revocation, suspension,

 65.9   restriction, or limitation by another state for conduct subject

 65.10  to action under this chapter;

 65.11     (5) (6) presenting advertising that is false or misleading;

 65.12     (6) (7) providing the commissioner with false or misleading

 65.13  statements of credentials, training, or experience;

 65.14     (7) (8) engaging in conduct likely to deceive, defraud, or

 65.15  harm the public; or demonstrating a willful or careless

 65.16  disregard for the health, welfare, or safety of a consumer;

 65.17     (8) (9) splitting fees or promising to pay a portion of a

 65.18  fee to any other professional other than a fee for services

 65.19  rendered by the other professional to the client;

 65.20     (9) (10) engaging in abusive or fraudulent billing

 65.21  practices, including violations of federal Medicare and Medicaid

 65.22  laws, Food and Drug Administration regulations, or state medical

 65.23  assistance laws;

 65.24     (10) (11) obtaining money, property, or services from a

 65.25  consumer through the use of undue influence, high pressure sales

 65.26  tactics, harassment, duress, deception, or fraud;

 65.27     (11) (12) failing to comply with restrictions on sales of

 65.28  hearing aids in sections 153A.14, subdivision 9, and 153A.19;

 65.29     (12) (13) performing the services of a certified hearing

 65.30  instrument dispenser in an incompetent or negligent manner;

 65.31     (13) (14) failing to comply with the requirements of this

 65.32  chapter as an employer, supervisor, or trainee;

 65.33     (14) (15) failing to provide information in a timely manner

 65.34  in response to a request by the commissioner, commissioner's

 65.35  designee, or the advisory council;

 65.36     (15) (16) being convicted within the past five years of

 66.1   violating any laws of the United States, or any state or

 66.2   territory of the United States, and the violation is a felony,

 66.3   gross misdemeanor, or misdemeanor, an essential element of which

 66.4   relates to hearing instrument dispensing, except as provided in

 66.5   chapter 364;

 66.6      (16) (17) failing to cooperate with the commissioner, the

 66.7   commissioner's designee, or the advisory council in any

 66.8   investigation;

 66.9      (17) (18) failing to perform hearing instrument dispensing

 66.10  with reasonable judgment, skill, or safety due to the use of

 66.11  alcohol or drugs, or other physical or mental impairment;

 66.12     (18) (19) failing to fully disclose actions taken against

 66.13  the applicant or the applicant's legal authorization to dispense

 66.14  hearing instruments in this or another state;

 66.15     (19) (20) violating a state or federal court order or

 66.16  judgment, including a conciliation court judgment, relating to

 66.17  the activities of the applicant in hearing instrument

 66.18  dispensing;

 66.19     (20) (21) having been or being disciplined by the

 66.20  commissioner of the department of health, or other authority, in

 66.21  this or another jurisdiction, if any of the grounds for the

 66.22  discipline are the same or substantially equivalent to those in

 66.23  sections 153A.13 to 153A.19;

 66.24     (21) (22) misrepresenting the purpose of hearing tests, or

 66.25  in any way communicating that the hearing test or hearing test

 66.26  protocol required by section 153A.14, subdivision 4b, is a

 66.27  medical evaluation, a diagnostic hearing evaluation conducted by

 66.28  an audiologist, or is other than a test to select a hearing

 66.29  instrument, except that the hearing instrument dispenser can

 66.30  determine the need for or recommend the consumer obtain a

 66.31  medical evaluation consistent with requirements of the United

 66.32  States Food and Drug Administration;

 66.33     (22) (23) violating any of the provisions of sections

 66.34  153A.13 to 153A.19; and

 66.35     (23) (24) aiding or abetting another person in violating

 66.36  any of the provisions of sections 153A.13 to 153A.19.

 67.1      Sec. 62.  Minnesota Statutes 1999 Supplement, section

 67.2   214.01, subdivision 2, is amended to read:

 67.3      Subd. 2.  [HEALTH-RELATED LICENSING BOARD.] "Health-related

 67.4   licensing board" means the board of examiners of nursing home

 67.5   administrators established pursuant to section 144A.19, the

 67.6   office of unlicensed complementary and alternative health care

 67.7   practice established pursuant to section 146A.02, the board of

 67.8   medical practice created pursuant to section 147.01, the board

 67.9   of nursing created pursuant to section 148.181, the board of

 67.10  chiropractic examiners established pursuant to section 148.02,

 67.11  the board of optometry established pursuant to section 148.52,

 67.12  the board of physical therapy established pursuant to section

 67.13  148.67, the board of psychology established pursuant to section

 67.14  148.90, the board of social work pursuant to section 148B.19,

 67.15  the board of marriage and family therapy pursuant to section

 67.16  148B.30, the office of mental health practice established

 67.17  pursuant to section 148B.61, the alcohol and drug counselors

 67.18  licensing advisory council established pursuant to section

 67.19  148C.02, the board of dietetics and nutrition practice

 67.20  established under section 148.622, the board of dentistry

 67.21  established pursuant to section 150A.02, the board of pharmacy

 67.22  established pursuant to section 151.02, the board of podiatric

 67.23  medicine established pursuant to section 153.02, and the board

 67.24  of veterinary medicine, established pursuant to section 156.01.

 67.25     Sec. 63.  Laws 1999, chapter 223, article 2, section 81, as

 67.26  amended by Laws 1999, chapter 249, section 12, is amended to

 67.27  read:

 67.28     Sec. 81.  [EFFECTIVE DATES.]

 67.29     Section 48 is effective March 1, 2000.

 67.30     Sections 59, 61, 62, 64, 65, and 79 are effective the day

 67.31  following final enactment. 

 67.32     Section 67 is effective June 30, 1999.

 67.33     Section 80, paragraph (a), is effective July 1, 1999.

 67.34     Section 80, paragraphs paragraph (b) and (c), are is

 67.35  effective July 1, 2000.

 67.36     Section 80, paragraph (c), is effective July 1, 2001.

 68.1      Sec. 64.  [EMPLOYEE HEALTH INSURANCE.]

 68.2      The commissioner of health shall examine issues related to

 68.3   rising health insurance costs and shall develop recommendations

 68.4   for providing employer-subsidized affordable health insurance to

 68.5   employees of programs and facilities that serve the elderly and

 68.6   disabled.  In conducting this study, the commissioner may also

 68.7   examine the affordability and availability of health insurance

 68.8   coverage for lower-income Minnesotans generally.  In developing

 68.9   these recommendations, the commissioner shall consult with

 68.10  affected employers, consumers, and providers and may require

 68.11  facilities to provide information on health insurance offered to

 68.12  their employees, including information on eligibility,

 68.13  enrollment, cost and level of benefits.  The commissioner shall

 68.14  provide recommendations by January 15, 2002, to the chairs of

 68.15  the house health and human services policy and finance

 68.16  committees and the senate health and family security committee

 68.17  and health and family security budget division.

 68.18     Sec. 65.  [REPORT TO THE LEGISLATURE.]

 68.19     The commissioner of health shall report to the legislature

 68.20  by January 1, 2003, on the number and types of complaints

 68.21  received against unlicensed complementary and alternative health

 68.22  care practitioners pursuant to Minnesota Statutes, chapter 146A,

 68.23  the types of practitioners against whom complaints were filed,

 68.24  and the locations of the practitioners, the number of

 68.25  investigations conducted, and the number and types of

 68.26  enforcement actions completed.  The report must be filed in

 68.27  accordance with Minnesota Statutes, sections 3.195 and 3.197.

 68.28     Sec. 66.  [REPEALER.]

 68.29     Minnesota Statutes 1998, sections 148.5193, subdivisions 3

 68.30  and 5; and 148C.04, subdivision 5, are repealed.

 68.31     Sec. 67.  [EFFECTIVE DATE.]

 68.32     Sections 1, 9 to 21, 62, and 65 are effective July 1, 2001.

 68.33  Sections 2 to 8, 22 to 61, 63, 64, and 66 are effective the day

 68.34  following final enactment."

 68.35     Delete the title and insert:

 68.36                         "A bill for an act

 69.1             relating to health; modifying the Health Care

 69.2             Administrative Simplification Act; providing for

 69.3             regulation of unlicensed complementary and alternative

 69.4             health care practitioners; modifying provisions for

 69.5             speech-language pathologists, audiologists, unlicensed

 69.6             mental health practitioners, alcohol and drug

 69.7             counselors, and hearing instrument dispensers;

 69.8             providing civil penalties; requiring reports; amending

 69.9             Minnesota Statutes 1998, sections 62J.51, by adding

 69.10            subdivisions; 62J.52, subdivisions 1, 2, and 5;

 69.11            62J.60, subdivision 1; 148.512, subdivision 5;

 69.12            148.515, subdivision 3; 148.517, by adding a

 69.13            subdivision; 148.518, subdivision 2; 148.5193,

 69.14            subdivisions 1, 2, 4, 6, and by adding a subdivision;

 69.15            148.5196, subdivision 3; 148B.60, subdivision 3;

 69.16            148B.68, subdivision 1; 148B.69, by adding a

 69.17            subdivision; 148B.71, subdivision 1; 148C.01,

 69.18            subdivisions 2, 7, 9, 10, and by adding a subdivision;

 69.19            148C.03, subdivision 1; 148C.04, subdivision 3, and by

 69.20            adding subdivisions; 148C.06, subdivisions 1 and 2;

 69.21            148C.09, subdivisions 1 and 1a; 148C.10, by adding a

 69.22            subdivision; 148C.11, subdivision 1; 153A.13,

 69.23            subdivision 9, and by adding subdivisions; 153A.14,

 69.24            subdivisions 1, 2a, 2h, 4, 4a, and by adding

 69.25            subdivisions; and 153A.15, subdivision 1; Minnesota

 69.26            Statutes 1999 Supplement, sections 13.99, by adding a

 69.27            subdivision; 147.09; and 214.01, subdivision 2; Laws

 69.28            1999, chapter 223, article 2, section 81, as amended;

 69.29            proposing coding for new law in Minnesota Statutes,

 69.30            chapter 62J; proposing coding for new law as Minnesota

 69.31            Statutes, chapter 146A; repealing Minnesota Statutes

 69.32            1998, sections 148.5193, subdivisions 3 and 5; and

 69.33            148C.04, subdivision 5."

 70.1      We request adoption of this report and repassage of the

 70.2   bill.

 70.5      House Conferees:

 70.8   .........................     .........................

 70.9   Kevin Goodno                  Lynda Boudreau

 70.12  .........................    

 70.13  Linda Wejcman                 

 70.18     Senate Conferees:

 70.21  .........................     .........................

 70.22  Sheila M. Kiscaden            Don Samuelson 

 70.25  .........................    

 70.26  Twyla Ring