1.1 	A bill for an act
1.2 	relating to health; establishing penalty fees for
1.3 	certain credentialed health occupations; amending
1.4 	Minnesota Statutes 2004, sections 148.5194, by adding
1.5 	a subdivision; 148.6445, by adding a subdivision;
1.6 	148C.12, by adding a subdivision; proposing coding for
1.7 	new law in Minnesota Statutes, chapter 153A.
1.8 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.9 	Section 1. Minnesota Statutes 2004, section 148.5194, is
1.10 	amended by adding a subdivision to read:
1.11 		Subd. 7.Penalty fees. (a) The penalty fee for
1.12 	practicing speech language pathology or audiology without a
1.13 	current license after the credential has expired and before it
1.14 	is renewed is the amount of the license renewal fee for any part
1.15 	of the first month, plus the license renewal fee for any part of
1.16 	any subsequent month up to 36 months.
1.17 	(b) The penalty fee for applicants who engage in the
1.18 	unauthorized practice of speech language pathology or audiology
1.19 	before being issued a license is the amount of the license
1.20 	application fee for any part of the first month, plus the
1.21 	license application fee for any part of any subsequent month up
1.22 	to 36 months.  This paragraph does not apply to applicants not
1.23 	qualifying for a license who engage in the unauthorized practice
1.24 	of speech language pathology or audiology.
1.25 	(c) The penalty fee for failing to submit a continuing
1.26 	education report by the due date with the correct number or type
2.1 	of hours in the correct time period is $100 plus $20 for each
2.2 	missing clock hour.  The licensee must obtain the missing number
2.3 	of continuing education hours by the next reporting due date.
2.4 	(d) Civil penalties and discipline incurred by licensees
2.5 	prior to August 1, 2005, for conduct described in paragraph (a),
2.6 	(b), or (c) shall be recorded as nondisciplinary penalty fees.
2.7 	For conduct described in paragraph (a) or (b) occurring after
2.8 	August 1, 2005, and exceeding 12 months, payment of a penalty
2.9 	fee does not preclude any disciplinary action reasonably
2.10 	justified by the individual case.

2.11 	Sec. 2. Minnesota Statutes 2004, section 148.6445, is
2.12 	amended by adding a subdivision to read:
2.13 		Subd. 11.Penalty fees. (a) The penalty fee for
2.14 	practicing occupational therapy without a current license after
2.15 	the credential has expired and before it is renewed is the
2.16 	amount of the license renewal fee for any part of the first
2.17 	month, plus the license renewal fee for any part of any
2.18 	subsequent month up to 36 months.
2.19 	(b) The penalty fee for applicants who engage in the
2.20 	unauthorized practice of occupational therapy before being
2.21 	issued a license is the amount of the license application fee
2.22 	for any part of the first month, plus the license application
2.23 	fee for any part of any subsequent month up to 36 months.  This
2.24 	paragraph does not apply to applicants not qualifying for a
2.25 	license who engage in the unauthorized practice of occupational
2.26 	therapy.
2.27 	(c) The penalty fee for failing to submit a continuing
2.28 	education report by the due date with the correct number or type
2.29 	of hours in the correct time period is $100 plus $20 for each
2.30 	missing clock hour.  The licensee must obtain the missing number
2.31 	of continuing education hours by the next reporting due date.
2.32 	(d) Civil penalties and discipline incurred by licensees
2.33 	prior to August 1, 2005, for conduct described in paragraph (a),
2.34 	(b), or (c) shall be recorded as nondisciplinary penalty fees.
2.35 	For conduct described in paragraph (a) or (b) occurring after
2.36 	August 1, 2005, and exceeding 12 months, payment of a penalty
3.1 	fee does not preclude any disciplinary action reasonably
3.2 	justified by the individual case.

3.3 	Sec. 3. Minnesota Statutes 2004, section 148C.12, is
3.4 	amended by adding a subdivision to read:
3.5 		Subd. 11.Penalty fees. (a) The penalty fee for
3.6 	practicing alcohol and drug counseling without a current license
3.7 	after the credential has expired and before it is renewed is the
3.8 	amount of the license renewal fee for any part of the first
3.9 	month, plus the license renewal fee for any part of any
3.10 	subsequent month up to 36 months.
3.11 	(b) The penalty fee for applicants who engage in the
3.12 	unauthorized practice of alcohol and drug counseling before
3.13 	being issued a license is the amount of the license application
3.14 	fee for any part of the first month, plus the license
3.15 	application fee for any part of any subsequent month up to 36
3.16 	months.  This paragraph does not apply to applicants not
3.17 	qualifying for a license who engage in the unauthorized practice
3.18 	of alcohol and drug counseling.
3.19 	(c) The penalty fee for failing to submit a continuing
3.20 	education report by the due date with the correct number or type
3.21 	of hours in the correct time period is $100 plus $20 for each
3.22 	missing clock hour.  The licensee must obtain the correct number
3.23 	of continuing education hours by the next reporting due date.
3.24 	(d) Civil penalties and discipline incurred by licensees
3.25 	prior to August 1, 2005, for conduct described in paragraph (a),
3.26 	(b), or (c) shall be recorded as nondisciplinary penalty fees.
3.27 	For conduct described in paragraph (a) or (b) occurring after
3.28 	August 1, 2005, and exceeding 12 months, payment of a penalty
3.29 	fee does not preclude any disciplinary action reasonably
3.30 	justified by the individual case.

3.31 	Sec. 4. [153A.175] PENALTY FEES.
3.32 	(a) The penalty fee for holding oneself out as a hearing
3.33 	instrument dispenser without a current certificate after the
3.34 	credential has expired and before it is renewed is one-half the
3.35 	amount of the certificate renewal fee for any part of the first
3.36 	day, plus one-half the certificate renewal fee for any part of
4.1 	any subsequent days up to 30 days.
4.2 	(b) The penalty fee for applicants who hold themselves out
4.3 	as hearing instrument dispensers after expiration of the trainee
4.4 	period and before being issued a certificate is one-half the
4.5 	amount of the certificate application fee for any part of the
4.6 	first day, plus one-half the certificate application fee for any
4.7 	part of any subsequent days up to 30 days.  This paragraph does
4.8 	not apply to applicants not qualifying for a certificate who
4.9 	hold themselves out as hearing instrument dispensers.
4.10 	(c) The penalty fee for failing to submit a continuing
4.11 	education report by the due date with the correct number or type
4.12 	of hours in the correct time period is $200 plus $200 for each
4.13 	missing clock hour.  The certificate holder must obtain the
4.14 	missing number of continuing education hours by the next
4.15 	reporting due date.
4.16 	(d) Civil penalties and discipline incurred by certificate
4.17 	holders prior to August 1, 2005, for conduct described in
4.18 	paragraph (a), (b), or (c) shall be recorded as nondisciplinary
4.19 	penalty fees.  Payment of a penalty fee does not preclude any
4.20 	disciplinary action reasonably justified by the individual case.