reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 148F — Alcohol And Drug Counselors Licensing › Section 148F.08 — Sponsor's Application For Approval.

148F.08 SPONSOR'S APPLICATION FOR APPROVAL.
Subdivision 1.
Content.
Individuals, organizations, associations, corporations, educational institutions, or groups intending to offer continuing education activities for approval must submit to the board the sponsor application fee and a completed application for approval on a form provided by the board. The sponsor must comply with the following to receive and maintain approval:
(1) submit the application for approval at least 60 days before the activity is scheduled to begin; and
(2) include the following information in the application for approval to enable the board to determine whether the activity complies with section 148F.075:
(i) a statement of the objectives of the activity and the knowledge the participants will have gained upon completion of the activity;
(ii) a description of the content and methodology of the activity which will allow the participants to meet the objectives;
(iii) a description of the method the participants will use to evaluate the activity;
(iv) a list of the qualifications of each instructor or developer that shows the instructor's or developer's current knowledge and skill in the activity's subject;
(v) a description of the certificate or other form of verification of attendance distributed to each participant upon successful completion of the activity;
(vi) the sponsor's agreement to retain attendance lists for a period of five years from the date of the activity; and
(vii) a copy of any proposed advertisement or other promotional literature.
Subd. 2.
Approval expiration.
If the board approves an activity it shall assign the activity a number. The approval remains in effect for one year from the date of initial approval. Upon expiration, a sponsor must submit a new application for activity approval to the board as required by subdivision 1.
Subd. 3.
Statement of board approval.
Each sponsor of an approved activity shall include in any promotional literature a statement that "This activity has been approved by the Minnesota Board of Behavioral Health and Therapy for ... hours of credit."
Subd. 4.
Changes.
The activity sponsor must submit proposed changes in an approved activity to the board for its approval.
Subd. 5.
Denial of approval.
The board shall not approve an activity if it does not meet the continuing education requirements in section 148F.075. The board shall notify the sponsor in writing of its reasons for denial.
Subd. 6.
Revocation of approval.
The board shall revoke its approval of an activity if a sponsor falsifies information contained in its application for approval, or if a sponsor fails to notify the board of changes to an approved activity as required in subdivision 4.
History:
2012 c 197 art 2 s 17
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 148F — Alcohol And Drug Counselors Licensing › Section 148F.095 — Additional Remedies.

148F.095 ADDITIONAL REMEDIES.
Subdivision 1.
Cease and desist.
(a) The board may issue a cease and desist order to stop a person from violating or threatening to violate a statute, rule, or order which the board has issued or has authority to enforce. The cease and desist order must state the reason for its issuance and give notice of the person's right to request a hearing under sections 14.57 to 14.62. If, within 15 days of service of the order, the subject of the order fails to request a hearing in writing, the order is the final order of the board and is not reviewable by a court or agency.
(b) A hearing must be initiated by the board not later than 30 days from the date of the board's receipt of a written hearing request. Within 30 days of receipt of the administrative law judge's report, and any written agreement or exceptions filed by the parties, the board shall issue a final order modifying, vacating, or making permanent the cease and desist order as the facts require. The final order remains in effect until modified or vacated by the board.
(c) When a request for a stay accompanies a timely hearing request, the board may, in the board's discretion, grant the stay. If the board does not grant a requested stay, the board shall refer the request to the Office of Administrative Hearings within three working days of receipt of the request. Within ten days after receiving the request from the board, an administrative law judge shall issue a recommendation to grant or deny the stay. The board shall grant or deny the stay within five working days of receiving the administrative law judge's recommendation.
(d) In the event of noncompliance with a cease and desist order, the board may institute a proceeding in district court to obtain injunctive relief or other appropriate relief, including a civil penalty payable to the board, not to exceed $10,000 for each separate violation.
Subd. 2.
Injunctive relief.
In addition to any other remedy provided by law, including the issuance of a cease and desist order under subdivision 1, the board may in the board's own name bring an action in district court for injunctive relief to restrain an alcohol and drug counselor from a violation or threatened violation of any statute, rule, or order which the board has authority to administer, enforce, or issue.
Subd. 3.
Additional powers.
The issuance of a cease and desist order or injunctive relief granted under this section does not relieve a counselor from criminal prosecution by a competent authority or from disciplinary action by the board.
History:
2012 c 197 art 2 s 20
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 148F — Alcohol And Drug Counselors Licensing › Section 148F.10 — Cooperation.

148F.10 COOPERATION.
An alcohol and drug counselor who is the subject of an investigation, or who is questioned in connection with an investigation, by or on behalf of the board, shall cooperate fully with the investigation. Cooperation includes responding fully to any question raised by or on behalf of the board relating to the subject of the investigation, whether tape recorded or not. Challenges to requests of the board may be brought before the appropriate agency or court.
History:
2012 c 197 art 2 s 21
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 148F — Alcohol And Drug Counselors Licensing › Section 148F.105 — Prohibited Practice Or Use Of Titles; Penalty.

148F.105 PROHIBITED PRACTICE OR USE OF TITLES; PENALTY.
Subdivision 1.
Practice.
No person shall engage in alcohol and drug counseling without first being licensed under this chapter as an alcohol and drug counselor. For purposes of this chapter, an individual engages in the practice of alcohol and drug counseling if the individual performs or offers to perform alcohol and drug counseling services as defined in section 148F.01, subdivision 18, or if the individual is held out as able to perform those services.
Subd. 2.
Use of titles.
(a) No individual shall present himself or herself or any other individual to the public by any title incorporating the words "licensed alcohol and drug counselor," "alcohol and drug counselor," or otherwise hold himself or herself out to the public by any title or description stating or implying that they are licensed or otherwise qualified to practice alcohol and drug counseling, unless that individual holds a valid license.
(b) An individual issued a temporary permit must use titles consistent with section 148F.035, paragraph (c), clause (3).
(c) An individual who is participating in an alcohol and drug counseling practicum for purposes of licensure by the board may be designated an alcohol and drug counselor intern.
(d) Individuals who are trained in alcohol and drug counseling and employed by an educational institution recognized by a regional accrediting organization, by a federal, state, county, or local government institution, by agencies, or research facilities, may represent themselves by the titles designated by that organization provided the title does not indicate the individual is licensed by the board.
Subd. 3.
Penalty.
A person who violates sections 148F.001 to 148F.205 is guilty of a misdemeanor.
History:
2012 c 197 art 2 s 22; 2014 c 275 art 1 s 29
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 148F — Alcohol And Drug Counselors Licensing › Section 148F.115 — Fees.

148F.115 FEES.
Subdivision 1.
Application fee.
The application fee is $295.
Subd. 2.
Biennial renewal fee.
The license renewal fee is $295. If the board establishes a renewal schedule, and the scheduled renewal date is less than two years, the fee may be prorated.
Subd. 3.
Temporary permit fee.
Temporary permit fees are as follows:
(1) initial application fee is $100; and
(2) annual renewal fee is $150. If the initial term is less or more than one year, the fee may be prorated.
Subd. 4.
Inactive license renewal fee.
The inactive license renewal fee is $150.
Subd. 5.
Late fees.
Late fees are as follows:
(1) biennial renewal late fee is $74;
(2) inactive license renewal late fee is $37; and
(3) annual temporary permit late fee is $37.
Subd. 6.
Fee to renew after expiration of license.
The fee for renewal of a license that has been expired for less than two years is the total of the biennial renewal fee in effect at the time of late renewal and the late fee.
Subd. 7.
Fee for license verification.
The fee for license verification is $25.
Subd. 8.
Surcharge fee.
Notwithstanding section 16A.1285, subdivision 2, a surcharge of $99 shall be paid at the time of initial application for or renewal of an alcohol and drug counselor license until June 30, 2013.
Subd. 9.
Sponsor application fee.
The fee for a sponsor application for approval of a continuing education course is $60.
Subd. 10.
Order or stipulation fee.
The fee for a copy of a board order or stipulation is $10.
Subd. 11.
Duplicate certificate fee.
The fee for a duplicate certificate is $25.
Subd. 12.
Supervisor application processing fee.
The fee for licensure supervisor application processing is $30.
Subd. 13.
Nonrefundable fees.
All fees in this section are nonrefundable.
History:
2012 c 197 art 2 s 24
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 148F — Alcohol And Drug Counselors Licensing › Section 148F.12 — Conduct.

148F.12 CONDUCT.
Subdivision 1.
Scope.
Sections 148F.12 to 148F.205 apply to the conduct of all alcohol and drug counselors, licensees, and applicants, including conduct during the period of education, training, and employment that is required for licensure.
Subd. 2.
Purpose.
Sections 148F.12 to 148F.205 constitute the standards by which the professional conduct of alcohol and drug counselors is measured.
Subd. 3.
Violations.
A violation of sections 148F.12 to 148F.205 is unprofessional conduct and constitutes grounds for disciplinary action, corrective action, or denial of licensure.
Subd. 4.
Conflict with organizational demands.
If the organizational policies at the provider's work setting conflict with any provision in sections 148F.12 to 148F.205, the provider shall discuss the nature of the conflict with the employer, make known the requirement to comply with these sections of law, and attempt to resolve the conflict in a manner that does not violate the law.
History:
2012 c 197 art 2 s 25
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 148F — Alcohol And Drug Counselors Licensing › Section 148F.125 — Competent Provision Of Services.

148F.125 COMPETENT PROVISION OF SERVICES.
Subdivision 1.
Limits on practice.
Alcohol and drug counselors shall limit their practice to the client populations and services for which they have competence or for which they are developing competence.
Subd. 2.
Developing competence.
When an alcohol and drug counselor is developing competence in a service, method, procedure, or to treat a specific client population, the alcohol and drug counselor shall obtain professional education, training, continuing education, consultation, supervision, or experience, or a combination thereof, necessary to demonstrate competence.
Subd. 3.
Experimental, emerging, or innovative services.
Alcohol and drug counselors may offer experimental services, methods, or procedures competently and in a manner that protects clients from harm. However, when doing so, they have a heightened responsibility to understand and communicate the potential risks to clients, to use reasonable skill and safety, and to undertake appropriate preparation as required in subdivision 2.
Subd. 4.
Limitations.
Alcohol and drug counselors shall recognize the limitations to the scope of practice of alcohol and drug counseling. When the needs of clients appear to be outside their scope of practice, providers shall inform the clients that there may be other professional, technical, community, and administrative resources available to them. Providers shall assist with identifying resources when it is in the best interests of clients to be provided with alternative or complementary services.
Subd. 5.
Burden of proof.
Whenever a complaint is submitted to the board involving a violation of this section, the burden of proof is on the provider to demonstrate that the elements of competence have reasonably been met.
History:
2012 c 197 art 2 s 26
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 148F — Alcohol And Drug Counselors Licensing › Section 148F.14 — Informed Consent.

148F.14 INFORMED CONSENT.
Subdivision 1.
Obtaining informed consent for services.
The provider shall obtain informed consent from the client before initiating services. The informed consent must be in writing, signed by the client, and include the following, at a minimum:
(1) authorization for the provider to engage in an activity which directly affects the client;
(2) the goals, purposes, and procedures of the proposed services;
(3) the factors that may impact the duration of the service;
(4) the applicable fee schedule;
(5) the limits to the client's privacy, including but not limited to the provider's duty to warn pursuant to section 148F.13, subdivision 2;
(6) the provider's responsibilities if the client terminates the service;
(7) the significant risks and benefits of the service, including whether the service may affect the client's legal or other interests;
(8) the provider's responsibilities under section 148F.125, subdivision 3, if the proposed service, method, or procedure is of an experimental, emerging, or innovative nature; and
(9) if applicable, information that the provider is developing competence in the proposed service, method, or procedure, and alternatives to the proposed service, if any.
Subd. 2.
Updating informed consent.
If there is a substantial change in the nature or purpose of a service, the provider must obtain a new informed consent from the client.
Subd. 3.
Emergency or crisis services.
Informed consent is not required when a provider is providing emergency or crisis services. If services continue after the emergency or crisis has abated, informed consent must be obtained.
History:
2012 c 197 art 2 s 29
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 148F — Alcohol And Drug Counselors Licensing › Section 148F.145 — Termination Of Services.

148F.145 TERMINATION OF SERVICES.
Subdivision 1.
Right to terminate services.
Either the client or the provider may terminate the professional relationship unless prohibited by law or court order.
Subd. 2.
Mandatory termination of services.
The provider shall promptly terminate services to a client whenever:
(1) the provider's objectivity or effectiveness is impaired, unless a resolution can be achieved as permitted in section 148F.155, subdivision 2; or
(2) the client would be harmed by further services.
Subd. 3.
Notification of termination.
When the provider initiates a termination of professional services, the provider shall inform the client either orally or in writing. This requirement shall not apply when the termination is due to the successful completion of a predefined service such as an assessment, or if the client terminates the professional relationship.
Subd. 4.
Recommendation upon termination.
(a) Upon termination of counseling services, the provider shall make a recommendation for alcohol and drug counseling services if requested by the client or if the provider believes the services are needed by the client.
(b) A recommendation for alcohol and drug counseling services is not required if the professional service provided is limited to an alcohol and drug assessment and a recommendation for continued services is not requested.
Subd. 5.
Absence from practice.
Nothing in this section requires the provider to terminate a client due to an absence from practice that is the result of a period of illness or injury that does not affect the provider's ability to practice with reasonable skill and safety, as long as arrangements have been made for temporary counseling services that may be needed by the client during the provider's absence.
History:
2012 c 197 art 2 s 30
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 148F — Alcohol And Drug Counselors Licensing › Section 148F.15 — Record Keeping.

148F.15 RECORD KEEPING.
Subdivision 1.
Record-keeping requirements.
Providers must maintain accurate and legible client records. Records must include, at a minimum:
(1) an accurate chronological listing of all substantive contacts with the client;
(2) documentation of services, including:
(i) assessment methods, data, and reports;
(ii) an initial treatment plan and any revisions to the plan;
(iii) the name of the individual providing services;
(iv) the name and credentials of the individual who is professionally responsible for the services provided;
(v) case notes for each date of service, including interventions;
(vi) consultations with collateral sources;
(vii) diagnoses or presenting problems; and
(viii) documentation that informed consent was obtained, including written informed consent documents;
(3) copies of all correspondence relevant to the client;
(4) a client personal data sheet;
(5) copies of all client authorizations for release of information;
(6) an accurate chronological listing of all fees charged, if any, to the client or a third-party payer; and
(7) any other documents pertaining to the client.
Subd. 2.
Duplicate records.
If the client records containing the documentation required by subdivision 1 are maintained by the agency, clinic, or other facility where the provider renders services, the provider is not required to maintain duplicate records of client information.
Subd. 3.
Record retention.
The provider shall retain a client's record for a minimum of seven years after the date of the provider's last professional service to the client, except as otherwise provided by law. If the client is a minor, the record retention period does not begin until the client reaches the age of 18, except as otherwise provided by law.
History:
2012 c 197 art 2 s 31
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 148F — Alcohol And Drug Counselors Licensing › Section 148F.155 — Impaired Objectivity Or Effectiveness.

148F.155 IMPAIRED OBJECTIVITY OR EFFECTIVENESS.
Subdivision 1.
Situations involving impaired objectivity or effectiveness.
(a) An alcohol and drug counselor must not provide alcohol and drug counseling services to a client or potential client when the counselor's objectivity or effectiveness is impaired.
(b) The provider shall not provide alcohol and drug counseling services to a client if doing so would create a multiple relationship. For purposes of this section, "multiple relationship" means one that is both professional and:
(1) cohabitational;
(2) familial;
(3) one in which there has been personal involvement with the client or family member of the client that is reasonably likely to adversely affect the client's welfare or ability to benefit from services; or
(4) one in which there is significant financial involvement other than legitimate payment for professional services rendered that is reasonably likely to adversely affect the client's welfare or ability to benefit from services.
If an unforeseen multiple relationship arises after services have been initiated, the provider shall promptly terminate the professional relationship.
(c) The provider shall not provide alcohol and drug counseling services to a client who is also the provider's student or supervisee. If an unforeseen situation arises in which both types of services are required or requested by the client or a third party, the provider shall decline to provide the services.
(d) The provider shall not provide alcohol and drug counseling services to a client when the provider is biased for or against the client for any reason that interferes with the provider's impartial judgment, including where the client is a member of a class legally protected from discrimination. The provider may provide services if the provider is working to resolve the impairment in the manner required under subdivision 2.
(e) The provider shall not provide alcohol and drug counseling services to a client when there is a fundamental divergence or conflict of service goals, interests, values, or attitudes between the client and the provider that adversely affects the professional relationship. The provider may provide services if the provider is working to resolve the impairment in the manner required under subdivision 2.
Subd. 2.
Resolution of impaired objectivity or effectiveness.
(a) When an impairment occurs that is listed in subdivision 1, paragraph (d) or (e), the provider may provide services only if the provider actively pursues resolution of the impairment and is able to do so in a manner that results in minimal adverse effects on the client or potential client.
(b) If the provider attempts to resolve the impairment, it must be by means of professional education, training, continuing education, consultation, psychotherapy, intervention, supervision, or discussion with the client or potential client, or an appropriate combination thereof.
History:
2012 c 197 art 2 s 32
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 148F — Alcohol And Drug Counselors Licensing › Section 148F.16 — Provider Impairment.

148F.16 PROVIDER IMPAIRMENT.
The provider shall not provide counseling services to clients when the provider is unable to provide services with reasonable skill and safety as a result of a physical or mental illness or condition, including, but not limited to, substance abuse or dependence. During the period the provider is unable to practice with reasonable skill and safety, the provider shall either promptly terminate the professional relationship with all clients or shall make arrangements for other alcohol and drug counselors to provide temporary services during the provider's absence.
History:
2012 c 197 art 2 s 33
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 148F — Alcohol And Drug Counselors Licensing › Section 148F.17 — Welfare Of Students, Supervisees, And Research Subjects.

148F.17 WELFARE OF STUDENTS, SUPERVISEES, AND RESEARCH SUBJECTS.
Subdivision 1.
General.
Due to the evaluative, supervisory, or other authority that providers who teach, evaluate, supervise, or conduct research have over their students, supervisees, or research subjects, providers shall protect the welfare of these individuals.
Subd. 2.
Student, supervisee, and research subject protections.
To protect the welfare of their students, supervisees, or research subjects, providers shall not:
(1) discriminate on the basis of race, ethnicity, national origin, religious affiliation, language, age, gender, physical disabilities, mental capabilities, sexual orientation or identity, marital status, or socioeconomic status;
(2) exploit or misuse the professional relationship for the emotional, financial, sexual, or personal advantage or benefit of the provider or another individual or entity;
(3) engage in any sexual behavior with a current student, supervisee, or research subject, including sexual contact, as defined in section 604.20, subdivision 7, or any physical, verbal, written, interactive, or electronic communication, conduct, or act that may be reasonably interpreted to be sexually seductive, demeaning, or harassing. Nothing in this section shall prohibit a provider from engaging in teaching or research with an individual with whom the provider has a preexisting and ongoing sexual relationship;
(4) engage in any behavior likely to be deceptive or fraudulent;
(5) disclose evaluative information except for legitimate professional or scientific purposes; or
(6) engage in any other unprofessional conduct.
History:
2012 c 197 art 2 s 35
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 148F — Alcohol And Drug Counselors Licensing › Section 148F.175 — Medical And Other Health Care Considerations.

148F.175 MEDICAL AND OTHER HEALTH CARE CONSIDERATIONS.
Subdivision 1.
Coordinating services with other health care professionals.
Upon initiating services, the provider shall inquire whether the client has a preexisting relationship with another health care professional. If the client has such a relationship, and it is relevant to the provider's services to the client, the provider shall, to the extent possible and consistent with the wishes and best interests of the client, coordinate services for the client with the other health care professional. This requirement does not apply if brief crisis intervention services are provided.
Subd. 2.
Reviewing health care information.
If the provider determines that a client's preexisting relationship with another health care professional is relevant to the provider's services to the client, the provider shall, to the extent possible and consistent with the wishes and best interests of the client, review this information with the treating health care professional.
Subd. 3.
Relevant medical conditions.
If the provider believes that a client's psychological condition may have medical etiology or consequence, the provider shall, within the limits of the provider's competence, discuss this with the client and offer to assist in identifying medical resources for the client.
History:
2012 c 197 art 2 s 36
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 148F — Alcohol And Drug Counselors Licensing › Section 148F.18 — Assessments; Tests; Reports.

148F.18 ASSESSMENTS; TESTS; REPORTS.
Subdivision 1.
Assessments.
Providers who conduct assessments of individuals shall base their assessments on records, information, observations, and techniques sufficient to substantiate their findings. They shall render opinions only after they have conducted an examination of the individual adequate to support their statements or conclusions, unless an examination is not practical despite reasonable efforts. An assessment may be limited to reviewing records or providing testing services when an individual examination is not necessary for the opinion requested.
Subd. 2.
Tests.
Providers may administer and interpret tests within the scope of the counselor's training, skill, and competence.
Subd. 3.
Reports.
Written and oral reports, including testimony as an expert witness and letters to third parties concerning a client, must be based on information and techniques sufficient to substantiate their findings. Reports must include:
(1) a description of all assessments, evaluations, or other procedures, including materials reviewed, which serve as a basis for the provider's conclusions;
(2) reservations or qualifications concerning the validity or reliability of the opinions and conclusions formulated and recommendations made;
(3) a statement concerning any discrepancy, disagreement, or inconsistent or conflicting information regarding the circumstances of the case that may have a bearing on the provider's conclusions;
(4) a statement of the nature of and reason for the use of a test that is administered, recorded, scored, or interpreted in other than a standard and objective manner; and
(5) a statement indicating when test interpretations or report conclusions are not based on direct contact between the client and the provider.
Subd. 4.
Private information.
Test results and interpretations regarding an individual are private information.
History:
2012 c 197 art 2 s 37
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 148F — Alcohol And Drug Counselors Licensing › Section 148F.185 — Public Statements.

148F.185 PUBLIC STATEMENTS.
Subdivision 1.
Prohibition against false or misleading information.
Public statements by providers must not include false or misleading information. Providers shall not solicit or use testimonials by quotation or implication from current clients or former clients who are vulnerable to undue influence. The provider shall make reasonable efforts to ensure that public statements by others on behalf of the provider are truthful and shall make reasonable remedial efforts to bring a public statement into compliance with sections 148F.12 to 148F.205 when the provider becomes aware of a violation.
Subd. 2.
Misrepresentation.
The provider shall not misrepresent, directly or by implication, professional qualifications including education, training, experience, competence, credentials, or areas of specialization. The provider shall not misrepresent, directly or by implication, professional affiliations or the purposes and characteristics of institutions and organizations with which the provider is professionally associated.
Subd. 3.
Use of specialty board designation.
Providers may represent themselves as having an area of specialization from a specialty board, such as a designation as a diplomate or fellow, if the specialty board used, at a minimum, the following criteria to award such a designation:
(1) specified educational requirements defined by the specialty board;
(2) specified experience requirements defined by the specialty board;
(3) a work product evaluated by other specialty board members; and
(4) a face-to-face examination by a committee of specialty board members or a comprehensive written examination in the area of specialization.
History:
2012 c 197 art 2 s 38
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 148F — Alcohol And Drug Counselors Licensing › Section 148F.19 — Fees; Statements.

148F.19 FEES; STATEMENTS.
Subdivision 1.
Disclosure.
The provider shall disclose the fees for professional services to a client before providing services.
Subd. 2.
Itemized statement.
The provider shall itemize fees for all services for which the client or a third party is billed and make the itemized statement available to the client. The statement shall identify the date the service was provided, the nature of the service, the name of the individual who provided the service, and the name of the individual who is professionally responsible for the service.
Subd. 3.
Representation of billed services.
The provider shall not directly or by implication misrepresent to the client or to a third party billed for services the nature or the extent of the services provided.
Subd. 4.
Claiming fees.
The provider shall not claim a fee for counseling services unless the provider is either the direct provider of the services or is clinically responsible for providing the services and under whose supervision the services were provided.
Subd. 5.
Referrals.
No commission, rebate, or other form of remuneration may be given or received by a provider for the referral of clients for counseling services.
History:
2012 c 197 art 2 s 39
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 148F — Alcohol And Drug Counselors Licensing › Section 148F.195 — Aiding And Abetting Unlicensed Practice.

148F.195 AIDING AND ABETTING UNLICENSED PRACTICE.
A provider shall not aid or abet an unlicensed individual to engage in the practice of alcohol and drug counseling. A provider who supervises a student as part of an alcohol and drug counseling practicum is not in violation of this section. Properly qualified individuals who administer and score testing instruments under the direction of a provider who maintains responsibility for the service are not considered in violation of this section.
History:
2012 c 197 art 2 s 40
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 148F — Alcohol And Drug Counselors Licensing › Section 148F.20 — Violation Of Law.

148F.20 VIOLATION OF LAW.
A provider shall not violate any law in which the facts giving rise to the violation involve the practice of alcohol and drug counseling as defined in sections 148F.001 to 148F.205. In any board proceeding alleging a violation of this section, the proof of a conviction of a crime constitutes proof of the underlying factual elements necessary to that conviction.
History:
2012 c 197 art 2 s 41
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 148F — Alcohol And Drug Counselors Licensing › Section 148F.2051 — Failure To Report.

148F.2051 FAILURE TO REPORT.
On or after August 1, 2012, any person, institution, insurer, or organization that fails to report as required under Minnesota Statutes 2010, section 148C.095, subdivisions 2 to 5, shall be subject to civil penalties for failing to report as required by law.
History:
2012 c 278 art 2 s 16; 2014 c 275 art 1 s 30
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 149A — Mortuary Science; Disposition Of Dead Bodies › Section 149A.03 — Duties Of Commissioner.

149A.03 DUTIES OF COMMISSIONER.
The commissioner shall:
(1) enforce all laws and adopt and enforce rules relating to the:
(i) removal, preparation, transportation, arrangements for disposition, and final disposition of dead human bodies;
(ii) licensure and professional conduct of funeral directors, morticians, interns, practicum students, and clinical students;
(iii) licensing and operation of a funeral establishment;
(iv) licensing and operation of an alkaline hydrolysis facility; and
(v) licensing and operation of a crematory;
(2) provide copies of the requirements for licensure and permits to all applicants;
(3) administer examinations and issue licenses and permits to qualified persons and other legal entities;
(4) maintain a record of the name and location of all current licensees and interns;
(5) perform periodic compliance reviews and premise inspections of licensees;
(6) accept and investigate complaints relating to conduct governed by this chapter;
(7) maintain a record of all current preneed arrangement trust accounts;
(8) maintain a schedule of application, examination, permit, and licensure fees, initial and renewal, sufficient to cover all necessary operating expenses;
(9) educate the public about the existence and content of the laws and rules for mortuary science licensing and the removal, preparation, transportation, arrangements for disposition, and final disposition of dead human bodies to enable consumers to file complaints against licensees and others who may have violated those laws or rules;
(10) evaluate the laws, rules, and procedures regulating the practice of mortuary science in order to refine the standards for licensing and to improve the regulatory and enforcement methods used; and
(11) initiate proceedings to address and remedy deficiencies and inconsistencies in the laws, rules, or procedures governing the practice of mortuary science and the removal, preparation, transportation, arrangements for disposition, and final disposition of dead human bodies.
History:
1997 c 215 s 7; 2007 c 114 s 14; 2013 c 108 art 12 s 73
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 149A — Mortuary Science; Disposition Of Dead Bodies › Section 149A.05 — Correction Orders.

149A.05 CORRECTION ORDERS.
Subdivision 1.
Authorization.
The regulatory agency may issue correction orders that require a person subject to regulation under this chapter to correct violations of this chapter or rules, orders, stipulation agreements, settlements, compliance agreements, licenses, and permits adopted or issued by the regulatory agency.
Subd. 2.
Contents of order.
The correction order must include:
(1) a concise statement of the deficiencies alleged to constitute the violation;
(2) a reference to the section of law, rule, order, stipulation agreement, settlement, compliance agreement, license, or permit that has been violated;
(3) a statement of the time by and the manner in which the violation must be corrected; and
(4) a statement of the right to request a hearing under sections 14.57 to 14.62.
Subd. 3.
Request for hearing; hearing; and final order.
A request for hearing must be in writing, delivered to the regulatory agency by certified mail within 20 calendar days after the receipt of the correction order, and specifically state the reasons for seeking review of the order. The regulatory agency must initiate a hearing within 30 calendar days from the date of receipt of the written request for hearing. The hearing shall be conducted pursuant to the contested case procedures in sections 14.57 to 14.62. No earlier than ten calendar days after and within 30 calendar days of receipt of the presiding administrative law judge's report, the regulatory agency shall issue a final order modifying, vacating, or making permanent the correction order as the facts require. If, within 20 calendar days of receipt of the correction order, the person that is the subject of the order fails to request a hearing in writing, the correction order becomes the final order of the regulatory agency.
Subd. 4.
Review of final order.
A judicial review of the final order issued by the regulatory agency subsequent to a contested case hearing may be requested in the manner prescribed in sections 14.63 to 14.69. Failure to request a contested case hearing pursuant to subdivision 3 shall constitute a waiver of the right to further agency or judicial review of the final order.
Subd. 5.
Reinspections and effect of noncompliance.
If upon reinspection, or in the determination of the regulatory agency, it is found that any deficiency specified in a correction order has not been corrected by the person that is subject to the correction order, that person or entity is in noncompliance. The regulatory agency shall issue a notice of noncompliance and may impose any additional remedy available under this chapter.
History:
1997 c 215 s 9; 2001 c 171 s 13
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 149A — Mortuary Science; Disposition Of Dead Bodies › Section 149A.07 — Injunctive Relief.

149A.07 INJUNCTIVE RELIEF.
In addition to any other remedy provided by law, the regulatory agency may bring an action for injunctive relief in any district court in any district in Minnesota to restrain any person from violation or threatened violation of any law, rule, order, stipulation agreement, settlement, compliance agreement, license, or permit which the regulatory agency is empowered to enforce, regulate, or issue.
History:
1997 c 215 s 11; 2001 c 171 s 13
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 149A — Mortuary Science; Disposition Of Dead Bodies › Section 149A.10 — Additional Remedies.

149A.10 ADDITIONAL REMEDIES.
Subdivision 1.
Reimbursement of costs.
The regulatory agency may impose a fee on any person subject to regulation under this chapter to reimburse the Department of Health for all or part of the cost of contested case proceedings or civil action resulting in disciplinary action, including, but not limited to, the amount paid by the regulatory agency for services from the Office of Administrative Hearings, attorney fees, court reports, witnesses, reproduction of records, staff time, and other expenses.
Subd. 2.
Contested case and civil action; award of fees and expenses.
In a contested case proceeding or a civil action, the prevailing party other than the state, upon a showing that the position of the state was not substantially justified, shall be awarded fees and other expenses pursuant to sections 14.62, subdivision 3; and 15.471 to 15.474.
Subd. 3.
Other actions.
The regulatory agency may take any other lawful action justified by the facts of the case.
History:
1997 c 215 s 14; 2001 c 171 s 13
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 149A — Mortuary Science; Disposition Of Dead Bodies › Section 149A.11 — Publication Of Disciplinary Actions.

149A.11 PUBLICATION OF DISCIPLINARY ACTIONS.
The regulatory agencies shall report all disciplinary measures or actions taken to the commissioner. At least annually, the commissioner shall publish and make available to the public a description of all disciplinary measures or actions taken by the regulatory agencies. The publication shall include, for each disciplinary measure or action taken, the name and business address of the licensee or intern, the nature of the misconduct, and the measure or action taken by the regulatory agency.
History:
1997 c 215 s 15; 2001 c 171 s 8
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 149A — Mortuary Science; Disposition Of Dead Bodies › Section 149A.30 — Reciprocal Licensing.

149A.30 RECIPROCAL LICENSING.
Subdivision 1.
Licensees of other states.
The commissioner may issue a license to practice mortuary science to a person who holds a current license or other credential from another jurisdiction if the commissioner determines that the requirements for that license or other credential are substantially similar to the requirements under this chapter. The individual seeking reciprocal licensing must:
(1) attain a passing score on the Minnesota state licensing examination;
(2) submit to the commissioner the documentation described in section 149A.20, subdivision 7, clauses (1) and (5); and
(3) pay the appropriate licensing fee.
When, in the determination of the commissioner, all of the requirements of this subdivision have been met, the commissioner shall, based on all the information available, grant or deny licensure. If the commissioner grants licensure, the applicant shall be notified and the license shall issue and remain valid for a period prescribed on the license, but not to exceed one calendar year from the date of issuance of the license. If the commissioner denies licensure, the commissioner must notify the applicant, in writing, of the denial and provide the specific reason for denial.
Subd. 2.
[Repealed, 2013 c 108 art 12 s 109]
Subd. 3.
Period of licensure.
All reciprocal licenses to practice mortuary science issued by the commissioner shall be valid for one calendar year, beginning on January 1 and ending on December 31 regardless of the date of issuance. Fees shall not be prorated.
Subd. 4.
Display of license.
Each reciprocal license to practice mortuary science must be conspicuously displayed at all times in the holder's place of business. Conspicuous display means in a location where a member of the general public within the holder's place of business will be able to observe and read the license.
Subd. 5.
Nontransferability of license.
A reciprocal license to practice mortuary science is not assignable or transferable and shall not be valid for any person other than the person named.
Subd. 6.
Reporting changes in license information.
Any change of license information must be reported to the commissioner, on forms provided by the commissioner, no later than 30 calendar days after the change occurs. Failure to report changes is grounds for disciplinary action.
Subd. 7.
Application information.
All information submitted to the commissioner by an applicant for reciprocal licensure is classified as licensing data under section 13.41, subdivision 2, with the exception of the name and address of the applicant. Upon issuance of a license to practice mortuary science, all application information becomes licensing data under section 13.41, subdivision 5.
History:
1997 c 215 s 17; 2003 c 112 art 2 s 50; 2009 c 101 art 2 s 109
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 149A — Mortuary Science; Disposition Of Dead Bodies › Section 149A.45 — Emeritus Registration For Mortuary Science Practitioners.

149A.45 EMERITUS REGISTRATION FOR MORTUARY SCIENCE PRACTITIONERS.
Subdivision 1.
Application.
Any mortuary science practitioner licensed to practice mortuary science in Minnesota under this chapter may apply to the commissioner for mortuary science practitioner emeritus registration if the person declares that he or she is retired in all jurisdictions from the active practice of mortuary science and if the person is not subject to any disciplinary action by the commissioner and not subject to an order by the commissioner imposing a suspended, conditional, or restricted license to practice mortuary science. For purposes of this section, a person is retired if the person has completely ceased the active practice of mortuary science in all jurisdictions for any reason. The mortuary science practitioner may apply to the commissioner using the practitioner's licensure form or by petitioning the commissioner.
Subd. 2.
Status of registrant.
An emeritus registration is not a license to engage in the practice of mortuary science. A person registered under this section shall not engage in the practice of mortuary science.
Subd. 3.
Continuing education requirements.
The continuing education requirements that apply to mortuary science practitioners shall not apply to a person registered under this section.
Subd. 4.
Documentation of status.
A person granted emeritus registration shall, upon payment of a $50 fee, be issued a certificate by the commissioner certifying that the person has received emeritus registration and has completed his or her active professional career licensed in good standing with the commissioner. The $50 fee shall be a onetime fee.
Subd. 5.
Renewal cycle or fee.
A person registered under this section shall not be subject to a registration renewal cycle or any renewal fees.
Subd. 6.
[Repealed, 2013 c 108 art 12 s 109]
Subd. 7.
Reinstatement.
After one year a person who registers under this section may reapply meeting current requirements for licensure listed in section 149A.20.
History:
2002 c 399 s 1; 2007 c 114 s 19,20; 2009 c 101 art 2 s 109
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 149A — Mortuary Science; Disposition Of Dead Bodies › Section 149A.60 — Prohibited Conduct.

149A.60 PROHIBITED CONDUCT.
The regulatory agency may impose disciplinary measures or take disciplinary action against a person whose conduct is subject to regulation under this chapter for failure to comply with any provision of this chapter or laws, rules, orders, stipulation agreements, settlements, compliance agreements, licenses, and permits adopted, or issued for the regulation of the removal, preparation, transportation, arrangements for disposition or final disposition of dead human bodies, or for the regulation of the practice of mortuary science.
History:
1997 c 215 s 23; 2001 c 171 s 13
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 149A — Mortuary Science; Disposition Of Dead Bodies › Section 149A.62 — Immunity; Reporting.

149A.62 IMMUNITY; REPORTING.
Any person, private agency, organization, society, association, licensee, or intern who, in good faith, submits information to a regulatory agency under section 149A.61 or otherwise reports violations or alleged violations of this chapter, is immune from civil liability or criminal prosecution. This section does not prohibit disciplinary action taken by the commissioner against any licensee or intern pursuant to a self report of a violation.
History:
1997 c 215 s 25; 2001 c 171 s 9
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 149A — Mortuary Science; Disposition Of Dead Bodies › Section 149A.63 — Professional Cooperation.

149A.63 PROFESSIONAL COOPERATION.
A licensee, clinical student, practicum student, intern, or applicant for licensure under this chapter that is the subject of or part of an inspection or investigation by the commissioner or the commissioner's designee shall cooperate fully with the inspection or investigation. Failure to cooperate constitutes grounds for disciplinary action under this chapter.
History:
1997 c 215 s 26; 2007 c 114 s 26