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