Minnesota Session Laws - 1993, Regular Session

  
    Laws of Minnesota 1993 

                        CHAPTER 206-S.F.No. 1201 
           An act relating to health occupations and professions; 
          board of psychology; extending deadline by which 
          previously qualified persons may file a declaration of 
          intent to seek licensure as a licensed psychologist 
          without further examination; requiring the board to 
          issue notices of extension; modifying reciprocity 
          licensing requirement; providing for disciplinary 
          actions; consolidating and modifying enforcement 
          remedies; providing penalties; amending Minnesota 
          Statutes 1992, sections 103I.345, subdivision 1; 
          116.75; 116.76, subdivision 1; 116.77; 116.82, 
          subdivision 3; 144.71, subdivision 1; 145A.07, 
          subdivision 1; 148.89, by adding a subdivision; 
          148.905, subdivision 1; 148.921, subdivisions 2 and 3; 
          148.925, subdivision 1; 148.98; 326.37, subdivision 1; 
          327.16, subdivision 6; and 327.20, subdivision 2; 
          proposing coding for new law in Minnesota Statutes, 
          chapters 144; and 148; repealing Minnesota Statutes 
          1992, sections 103I.701; 103I.705; 116.83; 144.1211; 
          144.386, subdivision 4; 144.73, subdivisions 2, 3, and 
          4; 144.76; 148.95; 157.081; 326.43; 326.53, 
          subdivision 2; 326.63; 326.78, subdivisions 4, 6, 7, 
          and 8; 326.79; 326.80; 327.18; and 327.24, 
          subdivisions 1 and 2. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1992, section 103I.345, 
subdivision 1, is amended to read: 
    Subdivision 1.  [REVENUE SOURCES.] Revenue from the 
following sources must be deposited in the state treasury and 
credited to a special account: 
    (1) all money recovered by the commissioner under section 
103I.341; 
    (2) all money paid under section 103I.705 144.99 or under 
any agreement, stipulation, or settlement resolving an 
enforcement action brought by the commissioner; 
    (3) all interest attributable to investment of money 
credited to the account; and 
    (4) all money received in the form of gifts, grants, 
reimbursements, or appropriations from any source intended to be 
used for the purposes of the account. 
    Sec. 2.  Minnesota Statutes 1992, section 116.75, is 
amended to read: 
    116.75 [CITATION.] 
    Sections 116.76 to 116.83 116.82 may be cited as the 
"infectious waste control act." 
    Sec. 3.  Minnesota Statutes 1992, section 116.76, 
subdivision 1, is amended to read: 
    Subdivision 1.  [APPLICABILITY.] The definitions in this 
section apply to sections 116.76 to 116.83 116.82. 
    Sec. 4.  Minnesota Statutes 1992, section 116.77, is 
amended to read: 
    116.77 [COVERAGE.] 
    Sections 116.75 to 116.83 116.82 and 609.671, subdivision 
10, cover any person, including a veterinarian, who generates, 
treats, stores, transports, or disposes of infectious or 
pathological waste but not including infectious or pathological 
waste generated by households, farm operations, or agricultural 
businesses.  Except as specifically provided, sections 116.75 to 
116.83 do not limit or alter treatment or disposal methods for 
infectious or pathological waste. 
    Sec. 5.  Minnesota Statutes 1992, section 116.82, 
subdivision 3, is amended to read: 
    Subd. 3.  [LOCAL ENFORCEMENT.] Sections 116.76 to 116.81 
may be enforced by a county by delegation of enforcement 
authority granted to the commissioner of health and the agency 
in section 116.83 144.99.  Separate enforcement actions may not 
be brought by a state agency and a county for the same 
violations.  The state or county may not bring an action that is 
being enforced by the federal Office of Safety and Health 
Administration.  
    Sec. 6.  Minnesota Statutes 1992, section 144.71, 
subdivision 1, is amended to read: 
    Subdivision 1.  [HEALTH AND SAFETY.] The purpose of 
sections 144.71 to 144.76 144.74 is to protect the health and 
safety of children in attendance at children's camps.  
    Sec. 7.  [144.989] [TITLE; CITATION.] 
    Sections 144.989 to 144.993 may be cited as the "health 
enforcement consolidation act of 1993." 
    Sec. 8.  [144.99] [ENFORCEMENT.] 
    Subdivision 1.  [REMEDIES AVAILABLE.] The provisions of 
chapters 103I and 157 and sections 115.71 to 115.82; 116.76 to 
116.81; 144.12, subdivision 1, paragraphs (1), (2), (5), (6), 
(10), (12), (13), (14), and (15); 144.121; 144.35; 144.381 to 
144.385; 144.411 to 144.417; 144.491; 144.495; 144.71 to 144.76; 
144.871 to 144.878; 144.992; 326.37 to 326.45; 326.57 to 
326.785; 327.10 to 327.131; and 327.14 to 327.28 and all rules, 
orders, stipulation agreements, settlements, compliance 
agreements, licenses, registrations, certificates, and permits 
adopted or issued by the department or under any other law now 
in force or later enacted for the preservation of public health 
may, in addition to provisions in other statutes, be enforced 
under this section. 
    Subd. 2.  [ACCESS TO INFORMATION AND PROPERTY.] The 
commissioner or an employee or agent authorized by the 
commissioner, upon presentation of credentials, may: 
    (a) examine and copy any books, papers, records, memoranda, 
or data of any person subject to regulation under the statutes 
listed in subdivision 1; and 
    (b) enter upon any property, public or private, for the 
purpose of taking any action authorized under statutes, rules, 
or other actions listed in subdivision 1 including obtaining 
information from a person who has a duty to provide information 
under the statutes listed in subdivision 1, taking steps to 
remedy violations, or conducting surveys or investigations. 
    Subd. 3.  [CORRECTION ORDERS.] (a) The commissioner may 
issue correction orders that require a person to correct a 
violation of the statutes, rules, and other actions listed in 
subdivision 1.  The correction order must state the deficiencies 
that constitute the violation; the specific statute, rule, or 
other action; and the time by which the violation must be 
corrected. 
    (b) If the person believes that the information contained 
in the commissioner's correction order is in error, the person 
may ask the commissioner to reconsider the parts of the order 
that are alleged to be in error.  The request must be in 
writing, delivered to the commissioner by certified mail within 
seven calendar days after receipt of the order, and: 
    (1) specify which parts of the order for corrective action 
are alleged to be in error; 
    (2) explain why they are in error; and 
    (3) provide documentation to support the allegation of 
error. 
    The commissioner must respond to requests made under this 
paragraph within 15 calendar days after receiving a request.  A 
request for reconsideration does not stay the correction order; 
however, after reviewing the request for reconsideration, the 
commissioner may provide additional time to comply with the 
order if necessary.  The commissioner's disposition of a request 
for reconsideration is final. 
    Subd. 4.  [ADMINISTRATIVE PENALTY ORDERS.] The commissioner 
may issue an order requiring violations to be corrected and 
administratively assessing monetary penalties for violations of 
the statutes, rules, and other actions listed in subdivision 1.  
The procedures in section 144.991 must be followed when issuing 
administrative penalty orders.  Except in the case of repeated 
or serious violations, the penalty assessed in the order must be 
forgiven if the person who is subject to the order demonstrates 
in writing to the commissioner before the 31st day after 
receiving the order that the person has corrected the violation 
or has developed a corrective plan acceptable to the 
commissioner.  The maximum amount of administrative penalty 
orders is $10,000 for all violations identified in an inspection 
or review of compliance. 
    Subd. 5.  [INJUNCTIVE RELIEF.] In addition to any other 
remedy provided by law, the commissioner may bring an action for 
injunctive relief in the district court in Ramsey county or, at 
the commissioner's discretion, in the district court in the 
county in which a violation of the statutes, rules, or other 
actions listed in subdivision 1 has occurred to enjoin the 
violation. 
    Subd. 6.  [CEASE AND DESIST.] The commissioner, or an 
employee of the department designated by the commissioner, may 
issue an order to cease an activity covered by subdivision 1 if 
continuation of the activity would result in an immediate risk 
to public health.  An order issued under this paragraph is 
effective for a maximum of 72 hours.  The commissioner must seek 
an injunction or take other administrative action authorized by 
law to restrain activities for a period beyond 72 hours.  The 
issuance of a cease and desist order does not preclude the 
commissioner from pursuing any other enforcement action 
available to the commissioner. 
    Subd. 7.  [PLAN FOR USE OF ADMINISTRATIVE PENALTIES AND 
CEASE AND DESIST AUTHORITY.] The commissioner of health shall 
prepare a plan for using the administrative penalty and cease 
and desist authority in this section.  The commissioner shall 
provide a 30-day period for public comment on the plan.  The 
plan must be finalized by December 1, 1993. 
    Subd. 8.  [DENIAL OR REFUSAL TO REISSUE PERMITS, LICENSES, 
REGISTRATIONS, OR CERTIFICATES.] (a) The commissioner may deny 
or refuse to renew an application for a permit, license, 
registration, or certificate required under the statutes or 
rules cited in subdivision 1, if the applicant has any 
unresolved violations related to the activity for which the 
permit, license, registration, or certificate was issued. 
    (b) The commissioner may also deny or refuse to renew a 
permit, license, registration, or certificate required under the 
statutes or rules cited in subdivision 1 if the applicant has a 
persistent pattern of violations related to the permit, license, 
registration, or certificate, or if the applicant submitted 
false material information to the department in connection with 
the application. 
     (c) The commissioner may condition the grant or renewal of 
a permit, license, registration, or certificate on a 
demonstration by the applicant that actions needed to ensure 
compliance with the requirements of the statutes listed in 
subdivision 1 have been taken, or may place conditions on or 
issue a limited permit, license, registration, or certificate as 
a result of previous violations by the applicant. 
    Subd. 9.  [SUSPENSION OR REVOCATION OF PERMITS, LICENSES, 
REGISTRATIONS, OR CERTIFICATES.] The commissioner may suspend, 
place conditions on, or revoke a permit, license, registration, 
or certificate issued under the statutes or rules cited in 
subdivision 1 for serious or repeated violations of the 
requirements in the statutes, rules, or other actions listed in 
subdivision 1 that apply to the permit, license, registration, 
or certificate, or if the applicant submitted false material 
information to the department in connection with the permit, 
license, registration, or certificate. 
    Subd. 10.  [HEARINGS RELATED TO DENIAL, REFUSAL TO RENEW, 
SUSPENSION, OR REVOCATION OF A PERMIT, LICENSE, REGISTRATION, OR 
CERTIFICATE.] If the commissioner proposes to deny, refuses to 
renew, suspends, or revokes a permit, license, registration, or 
certificate under subdivision 8 or 9, the commissioner must 
first notify the person against whom the action is proposed to 
be taken and provide the person an opportunity to request a 
hearing under the contested case provisions of chapter 14.  If 
the person does not request a hearing by notifying the 
commissioner within 20 days after receipt of the notice of 
proposed action, the commissioner may proceed with the action 
without a hearing. 
    Subd. 11.  [MISDEMEANOR PENALTIES.] A person convicted of 
violating a statute or rule listed in subdivision 1 is guilty of 
a misdemeanor. 
     Sec. 9.  [144.991] [ADMINISTRATIVE PENALTY ORDER 
PROCEDURE.] 
    Subdivision 1.  [AMOUNT OF PENALTY; CONSIDERATIONS.] (a) In 
determining the amount of a penalty under section 144.99, 
subdivision 4, the commissioner may consider: 
    (1) the willfulness of the violation; 
    (2) the gravity of the violation, including damage to 
humans, animals, air, water, land, or other natural resources of 
the state; 
    (3) the history of past violations; 
    (4) the number of violations; 
    (5) the economic benefit gained by the person by allowing 
or committing the violation; and 
    (6) other factors as justice may require, if the 
commissioner specifically identifies the additional factors in 
the commissioner's order. 
    (b) For a violation after an initial violation, the 
commissioner shall, in determining the amount of a penalty, 
consider the factors in paragraph (a) and the: 
    (1) similarity of the most recent previous violation and 
the violation to be penalized; 
    (2) time elapsed since the last violation; 
    (3) number of previous violations; and 
    (4) response of the person to the most recent previous 
violation identified. 
    Subd. 2.  [CONTENTS OF ORDER.] An order assessing an 
administrative penalty under section 144.99, subdivision 4, must 
include: 
    (1) a concise statement of the facts alleged to constitute 
a violation; 
    (2) a reference to the section of the statute, rule, 
variance, order, stipulation agreement, or term or condition of 
a permit that has been violated; 
    (3) a statement of the amount of the administrative penalty 
to be imposed and the factors upon which the penalty is based; 
and 
    (4) a statement of the person's right to review of the 
order. 
    Subd. 3.  [CORRECTIVE ORDER.] (a) The commissioner may 
issue an order assessing a penalty and requiring the violations 
cited in the order to be corrected within 30 calendar days from 
the date the order is received. 
    (b) The person to whom the order was issued shall provide 
information to the commissioner before the 31st day after the 
order was received demonstrating that the violation has been 
corrected or developed a corrective plan acceptable to the 
commissioner.  The commissioner shall determine whether the 
violation has been corrected and notify the person subject to 
the order of the commissioner's determination. 
    Subd. 4.  [PENALTY.] (a) Except as provided in paragraph 
(b), if the commissioner determines that the violation has been 
corrected or developed a corrective plan acceptable to the 
commissioner, the penalty must be forgiven.  Unless the person 
requests review of the order under subdivision 5 before the 
penalty is due, the penalty in the order is due and payable: 
    (1) on the 31st day after the order was received, if the 
person subject to the order fails to provide information to the 
commissioner showing that the violation has been corrected or 
that appropriate steps have been taken toward correcting the 
violation; or 
    (2) on the 20th day after the person receives the 
commissioner's determination under paragraph (b), if the person 
subject to the order has provided information to the 
commissioner that the commissioner determines is not sufficient 
to show the violation has been corrected or that appropriate 
steps have been taken toward correcting the violation. 
    (b) For repeated or serious violations, the commissioner 
may issue an order with a penalty that will not be forgiven 
after the corrective action is taken.  The penalty is due by 31 
days after the order was received unless review of the order 
under subdivision 5 has been sought. 
     (c) Interest at the rate established in section 549.09 
begins to accrue on penalties under this subdivision on the 31st 
day after the order with the penalty was received. 
     Subd. 5.  [EXPEDITED ADMINISTRATIVE HEARING.] (a) Within 30 
days after receiving an order or within 20 days after receiving 
notice that the commissioner has determined that a violation has 
not been corrected or appropriate steps have not been taken, the 
person subject to an order under this section may request an 
expedited hearing, utilizing the procedures of Minnesota Rules, 
parts 1400.8510 to 1400.8612, to review the commissioner's 
action.  The hearing request must specifically state the reasons 
for seeking review of the order.  The person to whom the order 
is directed and the commissioner are the parties to the 
expedited hearing.  The commissioner must notify the person to 
whom the order is directed of the time and place of the hearing 
at least 20 days before the hearing.  The expedited hearing must 
be held within 30 days after a request for hearing has been 
filed with the commissioner unless the parties agree to a later 
date. 
    (b) All written arguments must be submitted within ten days 
following the close of the hearing.  The hearing shall be 
conducted under Minnesota Rules, parts 1400.8510 to 1400.8612, 
as modified by this subdivision.  The office of administrative 
hearings may, in consultation with the agency, adopt rules 
specifically applicable to cases under this section.  
     (c) The administrative law judge shall issue a report 
making recommendations about the commissioner's action to the 
commissioner within 30 days following the close of the record.  
The administrative law judge may not recommend a change in the 
amount of the proposed penalty unless the administrative law 
judge determines that, based on the factors in subdivision 2, 
the amount of the penalty is unreasonable. 
    (d) If the administrative law judge makes a finding that 
the hearing was requested solely for purposes of delay or that 
the hearing request was frivolous, the commissioner may add to 
the amount of the penalty the costs charged to the agency by the 
office of administrative hearings for the hearing. 
    (e) If a hearing has been held, the commissioner may not 
issue a final order until at least five days after receipt of 
the report of the administrative law judge.  The person to whom 
an order is issued may, within those five days, comment to the 
commissioner on the recommendations and the commissioner will 
consider the comments.  The final order may be appealed in the 
manner provided in sections 14.63 to 14.69. 
     (f) If a hearing has been held and a final order issued by 
the commissioner, the penalty shall be paid by 30 days after the 
date the final order is received unless review of the final 
order is requested under sections 14.63 to 14.69.  If review is 
not requested or the order is reviewed and upheld, the amount 
due is the penalty, together with interest accruing from 31 days 
after the original order was received at the rate established in 
section 549.09. 
    Subd. 6.  [MEDIATION.] In addition to review under 
subdivision 5, the commissioner is authorized to enter into 
mediation concerning an order issued under this section if the 
commissioner and the person to whom the order is issued both 
agree to mediation. 
    Subd. 7.  [ENFORCEMENT.] (a) The attorney general may 
proceed on behalf of the state to enforce penalties that are due 
and payable under this section in any manner provided by law for 
the collection of debts. 
    (b) The attorney general may petition the district court to 
file the administrative order as an order of the court.  At any 
court hearing, the only issues parties may contest are 
procedural and notice issues.  Once entered, the administrative 
order may be enforced in the same manner as a final judgment of 
the district court. 
    (c) If a person fails to pay the penalty, the attorney 
general may bring a civil action in district court seeking 
payment of the penalties, injunctive, or other appropriate 
relief including monetary damages, attorney fees, costs, and 
interest. 
    Subd. 8.  [REVOCATION AND SUSPENSION OF PERMIT, LICENSE, 
REGISTRATION, OR CERTIFICATE.] If a person fails to pay a 
penalty owed under this section, the agency has grounds to 
revoke or refuse to reissue or renew a permit, license, 
registration, or certificate issued by the department. 
    Subd. 9.  [CUMULATIVE REMEDY.] The authority of the agency 
to issue a corrective order assessing penalties is in addition 
to other remedies available under statutory or common law, 
except that the state may not seek civil penalties under any 
other provision of law for the violations covered by the 
administrative penalty order.  The payment of a penalty does not 
preclude the use of other enforcement provisions, under which 
penalties are not assessed, in connection with the violation for 
which the penalty was assessed. 
    Sec. 10.  [144.992] [FALSE INFORMATION.] 
    A person subject to any of the requirements listed in 
section 144.99, subdivision 1, may not make a false material 
statement, representation, or certification in; omit material 
information from; or alter, conceal, or fail to file or maintain 
a notice, application, record, report, plan, or other document 
required under the statutes, rules, or other actions listed in 
section 144.99, subdivision 1. 
    Sec. 11.  [144.993] [RECOVERY OF LITIGATION COSTS AND 
EXPENSES.] 
    In any judicial action brought by the attorney general for 
civil penalties, injunctive relief, or an action to compel 
performance pursuant to the authority cited in section 144.99, 
subdivision 1, if the state finally prevails, and if the proven 
violation was willful, the state, in addition to other penalties 
provided by law, may be allowed an amount determined by the 
court to be the reasonable value of all or part of the 
litigation expenses incurred by the state.  In determining the 
amount of the litigation expenses to be allowed, the court shall 
give consideration to the economic circumstances of the 
defendant. 
    Sec. 12.  Minnesota Statutes 1992, section 145A.07, 
subdivision 1, is amended to read: 
    Subdivision 1.  [AGREEMENTS TO PERFORM DUTIES OF 
COMMISSIONER.] (a) The commissioner of health may enter into an 
agreement with any board of health to delegate all or part of 
the licensing, inspection, reporting, and enforcement duties 
authorized under sections 144.12; 144.381 to 144.387; 144.411 to 
144.417; 144.71 to 144.76 144.74; 145A.04, subdivision 6; 
provisions of chapter 156A pertaining to construction, repair, 
and abandonment of water wells; chapter 157; and sections 327.14 
to 327.28. 
    (b) Agreements are subject to subdivision 3. 
    (c) This subdivision does not affect agreements entered 
into under Minnesota Statutes 1986, section 145.031, 145.55, or 
145.918, subdivision 2. 
    Sec. 13.  Minnesota Statutes 1992, section 148.89, is 
amended by adding a subdivision to read: 
    Subd. 2a.  [CLIENT.] "Client" means a person or entity that 
receives, received, or should have received services from a 
person regulated under sections 148.88 to 148.98.  For the 
purposes of sections 148.88 to 148.98, "client" includes patient 
and resident. 
    Sec. 14.  Minnesota Statutes 1992, section 148.905, 
subdivision 1, is amended to read: 
    Subdivision 1.  [GENERAL.] The board shall: 
    (1) adopt and enforce rules for licensing psychologists and 
for regulating their professional conduct.  The rules must 
include, but are not limited to, standards for training, 
supervision, the practice of psychology, and any other areas 
covered by sections 148.88 to 148.98; 
    (2) adopt rules that provide for examinations and establish 
a code of professional ethics and requirements for continuing 
education; 
    (3) hold examinations at least once a year to assess 
applicants' knowledge and skills.  The examinations may be 
written or oral or both, and may be administered by the board or 
by institutions or individuals designated by the board; 
    (4) issue licenses to individuals qualified under section 
148.91, according to the procedures for licensing in Minnesota 
Rules; 
    (5) issue copies of the rules for licensing to all 
applicants; 
    (6) establish and maintain annually a register of current 
licenses; 
    (7) establish reasonable fees for the issuance and renewal 
of licenses and other services by the board.  Fees must be set 
to defray the cost of administering the provisions of sections 
148.88 to 148.98 including applications, examinations, 
enforcement, and the cost of maintaining the operations of the 
board; 
    (8) educate the public about the requirements for licensing 
of psychologists and about the code of professional ethics, to 
allow consumers to file complaints against licensees who may 
have violated licensing requirements or professional ethics; and 
    (9) establish or approve programs that qualify for 
professional psychology continuing educational credit.  The 
board may hire consultants, agencies, or professional 
psychological associations to establish and approve continuing 
education courses; and. 
    (10) establish and implement, by January 1, 1992, a process 
for certifying psychologists' competencies in specialty areas, 
including but not limited to the area of supervision.  The 
process shall include steps to verify that a psychologist has 
had adequate education and experience in a specialty area to be 
considered competent to practice in that area.  Recertification 
of competencies declared prior to August 1, 1991, shall not be 
required. 
    Sec. 15.  Minnesota Statutes 1992, section 148.921, 
subdivision 2, is amended to read: 
    Subd. 2.  [PERSONS PREVIOUSLY QUALIFIED.] (a) The board 
shall grant a license for a licensed psychologist without 
further examination to a person who: 
    (1) before November 1, 1991, entered a graduate program 
granting a master's degree with a major in psychology at an 
educational institution meeting the standards the board has 
established by rule and earned a master's degree or a master's 
equivalent in a doctoral program; 
    (2) before November 1 December 31, 1992 1993, filed with 
the board a written declaration of intent to seek licensure 
under this subdivision; 
    (3) complied with all requirements of section 148.91, 
subdivisions 2 to 4, before December 31, 1997; and 
    (4) completed at least two full years or their equivalent 
of post-master's supervised psychological employment before 
December 31, 1998. 
    (b) Notwithstanding paragraph (a), the board shall not 
grant a license for a licensed psychologist under this 
subdivision to a person who files a written declaration of 
licensure after October 31, 1992, unless the applicant 
demonstrates that the applicant was a resident of Minnesota on 
October 31, 1992, and meets all other requirements for licensure 
under this subdivision. 
    Sec. 16.  Minnesota Statutes 1992, section 148.921, 
subdivision 3, is amended to read: 
    Subd. 3.  [RECIPROCITY.] The board may grant a license 
without an examination to a diplomate of the American Board of 
Professional Psychology or to any person who at the time of 
application is licensed or certified by a similar board of 
another state whose standards, in the judgment of the board, are 
not lower than those required by and who meets the licensure 
requirements under section 148.91.  The board, at its 
discretion, may not require the skills assessment and the 
examination in psychology under section 148.91, subdivision 2, 
if the person was licensed in another state before the 
examination was required for licensure in that state.  An 
applicant for reciprocity shall pass a written, objective 
examination on the rules of the board of psychology and sections 
148.88 to 148.98. 
    Sec. 17.  Minnesota Statutes 1992, section 148.925, 
subdivision 1, is amended to read: 
    Subdivision 1.  [PERSONS QUALIFIED TO PROVIDE SUPERVISION.] 
(a) Only the following persons are qualified to provide 
supervision for master's degree level applicants for licensure 
as a licensed psychologist: 
    (1) a licensed psychologist with a competency in 
supervision in professional psychology and in the area of 
practice being supervised; and 
    (2) a person who either is eligible for licensure as a 
licensed psychologist under section 148.91 or is eligible for 
licensure by reciprocity, and who, in the judgment of the board, 
is competent or experienced in supervising professional 
psychology and in the area of practice being supervised. 
    (b) Professional supervision of a doctoral level applicant 
for licensure as a licensed psychologist must be provided by a 
person: 
    (1) who meets the requirements of paragraph (a), clause (1) 
or (2), and 
    (2)(i) who has a doctorate degree with a major in 
psychology, or 
    (ii) who was licensed by the board as a psychologist before 
August 1, 1991, and is certified by the board as competent in 
supervision of applicants for licensure in accord with section 
148.905, subdivision 1, clause (10), by August 1, 1993. 
    Sec. 18.  [148.941] [DENIAL, REVOCATION, AND SUSPENSION OF 
LICENSES; DISCIPLINARY ACTION.] 
    Subdivision 1.  [GENERALLY.] Except as otherwise described 
in this section, all hearings shall be conducted under chapter 
14. 
    Subd. 2.  [GROUNDS FOR DISCIPLINARY ACTION; FORMS OF 
DISCIPLINARY ACTION.] (a) The board may impose disciplinary 
action as described in paragraph (b) against an applicant or 
licensee whom the board, by a preponderance of the evidence, 
determines:  
    (1) has violated a statute, rule, or order that the board 
issued or is empowered to enforce; 
    (2) has engaged in fraudulent, deceptive, or dishonest 
conduct, whether or not the conduct relates to the practice of 
psychology, that adversely affects the person's ability or 
fitness to practice psychology; 
    (3) has engaged in unprofessional conduct or any other 
conduct which has the potential for causing harm to the public, 
including any departure from or failure to conform to the 
minimum standards of acceptable and prevailing practice without 
actual injury having to be established; 
    (4) has been convicted of or has pled guilty or nolo 
contendere to a felony or crime, an element of which is 
dishonesty or fraud, or has been shown to have engaged in acts 
or practices tending to show that the applicant or licensee is 
incompetent or engaged in conduct reflecting adversely on the 
applicant's or licensee's ability or fitness to engage in the 
practice of psychology; 
    (5) has employed fraud or deception in obtaining or 
renewing a license, or in passing the examination; 
    (6) has had a psychology license, certificate, right to 
examine, or other similar authority revoked, suspended, 
canceled, limited, or not renewed for cause in any state, 
commonwealth, or territory of the United States, the District of 
Columbia, or any foreign country; 
    (7) has failed to meet any requirement for the issuance or 
renewal of the person's license; 
    (8) has failed to cooperate with an investigation of the 
board as required under subdivision 4; or 
    (9) has violated the code of ethics adopted by the board.  
For the purposes of clause (7), the burden of proof is on the 
applicant to demonstrate the qualifications or satisfy the 
requirements for a license under sections 148.88 to 148.98. 
    (b) If grounds for disciplinary action exist under 
paragraph (a), the board may take one or more of the following 
actions: 
    (1) refuse to grant or renew a license; 
    (2) revoke a license; 
    (3) suspend a license; 
    (4) impose limitations or conditions on a licensee's 
practice of psychology, including limiting the scope of practice 
to designated competencies, imposing retraining or 
rehabilitation requirements, requiring the licensee to practice 
under supervision, or conditioning continued practice on the 
demonstration of knowledge or skill by appropriate examination 
or other review of skill and competence; 
    (5) censure or reprimand the licensee; or 
    (6) refuse to permit an applicant to take the licensure 
examination or refuse to release an applicant's examination 
grade if the board finds that it is in the public interest. 
    (c) In lieu of or in addition to paragraph (b), the board 
may require, as a condition of continued licensure, termination 
of suspension, reinstatement of license, examination, or release 
of examination grades, that the applicant or licensee: 
    (1) submit to a quality review, as specified by the board, 
of the applicant's or licensee's ability, skills, or quality of 
work; and 
    (2) complete to the satisfaction of the board educational 
courses specified by the board. 
    (d) Service of the order is effective if the order is 
served on the applicant, licensee, or counsel of record 
personally or by mail to the most recent address provided to the 
board for the licensee, applicant, or counsel of record.  The 
order shall state the reasons for the entry of the order. 
    Subd. 3.  [TEMPORARY SUSPENSION OF LICENSE.] (a) In 
addition to any other remedy provided by law, the board may 
temporarily suspend the credentials of a licensee after 
conducting a preliminary inquiry to determine if the board 
reasonably believes that the licensee has violated a statute or 
rule that the board is empowered to enforce and continued 
practice by the licensee would create an imminent risk of harm 
to others.  
    (b) The order may prohibit the licensee from engaging in 
the practice of psychology in whole or in part and may condition 
the end of a suspension on the licensee's compliance with a 
statute, rule, or order that the board has issued or is 
empowered to enforce. 
    (c) The order shall give notice of the right to a hearing 
pursuant to this subdivision and shall state the reasons for the 
entry of the order. 
    (d) Service of the order is effective when the order is 
served on the licensee personally or by certified mail which is 
complete upon receipt, refusal, or return for nondelivery to the 
most recent address provided to the board for the licensee.  
    (e) At the time the board issues a temporary suspension 
order, the board shall schedule a hearing to be held before its 
own members which shall begin no later than 60 days after 
issuance of the temporary suspension order or within 15 working 
days of the date of the board's receipt of a request for hearing 
by a licensee on the sole issue of whether there is a reasonable 
basis to continue, modify, or lift the temporary suspension.  
This hearing is not subject to chapter 14.  Evidence presented 
by the board or the licensee shall be in affidavit form only.  
The licensee or counsel of record may appear for oral argument. 
    (f) Within five working days of the hearing, the board 
shall issue its order and, if the suspension is continued, 
schedule a contested case hearing within 30 days of the issuance 
of the order.  Notwithstanding chapter 14, the administrative 
law judge shall issue a report within 30 days after closing the 
contested case hearing record.  The board shall issue a final 
order within 30 days of receipt of the administrative law 
judge's report. 
    Subd. 4.  [COOPERATION OF APPLICANT OR LICENSEE FOR 
INVESTIGATIONS.] (a) An applicant or licensee of the board 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 and promptly to any question raised by 
or on behalf of the board relating to the subject of the 
investigation, executing all releases requested by the board, 
providing copies of client records, as reasonably requested by 
the board to assist it in its investigation, and appearing at 
conferences or hearings scheduled by the board or its staff.  
The board shall pay reasonable costs for copies requested. 
    (b) If the board does not have a written consent from a 
client permitting access to the client's records, the licensee 
may delete any data in the record which identifies the client 
before providing it to the board.  The board shall maintain any 
records obtained pursuant to this section as investigative data 
pursuant to chapter 13. 
    Sec. 19.  Minnesota Statutes 1992, section 148.98, is 
amended to read: 
    148.98 [CODE OF ETHICS.] 
    The board shall adopt a code of ethics to govern 
appropriate an applicant's or licensee's practices or behavior, 
as referred to in section 148.89.  The board shall publish the 
code in the State Register and file the code with the secretary 
of state at least 30 days prior to the effective date of the 
code.  The code of ethics shall include, but is not limited to, 
the principles in paragraphs (a) to (c).  
    (a) The psychologist shall recognize the boundaries of the 
psychologist's competence and the limitation of the 
psychologist's techniques and shall not offer services or use 
techniques that fail to meet usual and customary professional 
standards. 
    (b) The psychologist who engages in practice shall assist 
clients in obtaining professional help for all important aspects 
of their problems that fall outside the boundaries of the 
psychologist's competence. 
    (c) A psychologist shall not claim either directly or by 
implication professional qualifications that differ from the 
psychologist's actual qualifications, nor shall the psychologist 
misrepresent the psychologist's affiliation with any 
institution, organization, or individual, nor lead others to 
assume an affiliation that does not exist. 
     Sec. 20.  Minnesota Statutes 1992, section 326.37, 
subdivision 1, is amended to read: 
    Subdivision 1.  [RULES.] The state commissioner of health 
may, by rule, prescribe minimum standards which shall be 
uniform, and which standards shall thereafter be effective for 
all new plumbing installations, including additions, extensions, 
alterations, and replacements connected with any water or sewage 
disposal system owned or operated by or for any municipality, 
institution, factory, office building, hotel, apartment 
building, or any other place of business regardless of location 
or the population of the city or town in which 
located.  Violation of the rules shall be a misdemeanor. 
    The commissioner shall administer the provisions of 
sections 326.37 to 326.45 and for such purposes may employ 
plumbing inspectors and other assistants. 
    Sec. 21.  Minnesota Statutes 1992, section 327.16, 
subdivision 6, is amended to read: 
    Subd. 6.  [DENIAL OF CONSTRUCTION.] If the application to 
construct or make alterations upon a manufactured home park or 
recreational camping area and the appurtenances thereto or a 
primary license to operate and maintain the same is denied by 
the state commissioner of health, the commissioner shall so 
state in writing giving the reason or reasons for denying the 
application.  If the objections can be corrected the applicant 
may amend the application and resubmit it for approval, and if 
denied the applicant may appeal from the decision of the state 
commissioner of health as provided in section 327.18 144.99, 
subdivision 10. 
    Sec. 22.  Minnesota Statutes 1992, section 327.20, 
subdivision 2, is amended to read: 
    Subd. 2.  [HEALTH AND SAFETY.] The state department of 
health may prescribe such rules for the operation and 
maintenance of manufactured home parks or recreational camping 
areas and for safeguarding the health and safety of persons 
occupying licensed manufactured home parks and recreational 
camping areas as the department shall deem to be necessary and 
expedient.  Such rules pertaining to health and safety shall 
have the force and effect of law, and any violation thereof 
shall constitute a misdemeanor; and upon conviction therefor the 
offender may be punished as otherwise provided by law. 
    Sec. 23.  [MODEL ORDINANCE.] 
    The department of health, in consultation with the attorney 
general, must by August 1, 1994, develop and make available to 
local governments who manage delegated environmental health 
programs a model ordinance for an administrative penalty order 
process similar to the process established in Minnesota 
Statutes, sections 144.99 and 144.991. 
    Sec. 24.  [NOTICE.] 
    Before September 1, 1993, the board shall notify all 
Minnesota educational institutions which grant a master's degree 
with a major in psychology, and all individuals it knows to have 
missed the November 1, 1992, deadline under Minnesota Statutes, 
section 148.921, subdivision 2, that the deadline for filing the 
declaration of intent to seek licensure is extended to December 
31, 1993. 
    Sec. 25.  [REPEALER.] 
    Minnesota Statutes 1992, sections 103I.701; 103I.705; 
116.83; 144.1211; 144.386, subdivision 4; 144.73, subdivisions 
2, 3, and 4; 144.76; 148.95; 157.081; 326.43; 326.53, 
subdivision 2; 326.63; 326.78, subdivisions 4, 6, 7, and 8; 
326.79; 326.80; 327.18; and 327.24, subdivisions 1 and 2, are 
repealed. 
    Sec. 26.  [EFFECTIVE DATE.] 
    Sections 15 and 24 are effective the day following final 
enactment. 
    Presented to the governor May 12, 1993 
    Signed by the governor May 14, 1993, 3:44 p.m.