HF 3145

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to health; modifying licensing requirements 
  1.3             for licensed professional counselors; amending 
  1.4             Minnesota Statutes 2003 Supplement, sections 148B.52; 
  1.5             148B.53, subdivisions 1, 3; 148B.54; 148B.55; 148B.59; 
  1.6             proposing coding for new law in Minnesota Statutes, 
  1.7             chapter 148B. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 2003 Supplement, section 
  1.10  148B.52, is amended to read: 
  1.11     148B.52 [DUTIES OF THE BOARD.] 
  1.12     (a) The Board of Behavioral Health and Therapy shall: 
  1.13     (1) establish by rule appropriate techniques, including 
  1.14  examinations and other methods, for determining whether 
  1.15  applicants and licensees are qualified under sections 148B.50 to 
  1.16  148B.593; 
  1.17     (2) establish by rule standards for professional conduct, 
  1.18  including adoption of a Code of Professional Ethics and 
  1.19  requirements for continuing education and supervision; 
  1.20     (3) issue licenses to individuals qualified under sections 
  1.21  148B.50 to 148B.593; 
  1.22     (4) establish by rule standards for initial education 
  1.23  including coursework for licensure and content of professional 
  1.24  education; 
  1.25     (5) establish by rule procedures, including a standard 
  1.26  disciplinary process, to assess whether individuals licensed as 
  2.1   licensed professional counselors comply with the board's rules; 
  2.2      (6) establish, maintain, and publish annually a register of 
  2.3   current licensees and approved supervisors; 
  2.4      (7) (6) establish initial and renewal application and 
  2.5   examination fees sufficient to cover operating expenses of the 
  2.6   board and its agents; 
  2.7      (8) (7) educate the public about the existence and content 
  2.8   of the laws and rules for licensed professional counselors to 
  2.9   enable consumers to file complaints against licensees who may 
  2.10  have violated the rules; 
  2.11     (9) establish rules and regulations pertaining to treatment 
  2.12  for impaired practitioners; and 
  2.13     (10) (8) periodically evaluate its rules in order to refine 
  2.14  the standards for licensing professional counselors and to 
  2.15  improve the methods used to enforce the board's standards.  
  2.16     (b) The board may appoint a professional discipline 
  2.17  committee for each occupational licensure regulated by the 
  2.18  board, and may appoint a board member as chair.  The 
  2.19  professional discipline committee shall consist of five members 
  2.20  representative of the licensed occupation and shall provide 
  2.21  recommendations to the board with regard to rule techniques, 
  2.22  standards, procedures, and related issues specific to the 
  2.23  licensed occupation.  
  2.24     Sec. 2.  Minnesota Statutes 2003 Supplement, section 
  2.25  148B.53, subdivision 1, is amended to read: 
  2.26     Subdivision 1.  [GENERAL REQUIREMENTS.] (a) To be licensed 
  2.27  as a licensed professional counselor (LPC), an applicant must 
  2.28  provide evidence satisfactory to the board that the applicant: 
  2.29     (1) is at least 18 years of age; 
  2.30     (2) is of good moral character; 
  2.31     (3) has completed a master's degree program in counseling 
  2.32  that includes a minimum of 48 semester hours and a supervised 
  2.33  field experience of not fewer than 700 hours that is counseling 
  2.34  in nature; 
  2.35     (4) has submitted to the board a plan for supervision 
  2.36  during the first 2,000 hours of professional practice or has 
  3.1   submitted proof of supervised professional practice that is 
  3.2   acceptable to the board; and 
  3.3      (5) has demonstrated competence in professional counseling 
  3.4   by passing the National Counseling Exam (NCE) administered by 
  3.5   the National Board for Certified Counselors, Inc. (NBCC) 
  3.6   including obtaining a passing score on the examination accepted 
  3.7   by the board based on the determinations made by the NBCC and 
  3.8   oral and situational examinations if prescribed by the board; 
  3.9      (6) will conduct all professional activities as a licensed 
  3.10  professional counselor in accordance with standards for 
  3.11  professional conduct established by the rules of the board; and 
  3.12     (7) has declared to the board and agrees to continue to 
  3.13  declare areas of professional competencies through a statement 
  3.14  of professional disclosure, describing the intended use of the 
  3.15  license and the population to be served.  
  3.16     (b) The degree described in paragraph (a), clause (3), must 
  3.17  be from a counseling program recognized by the Council for 
  3.18  Accreditation of Counseling and Related Education Programs 
  3.19  (CACREP) or from an institution of higher education that is 
  3.20  accredited by a regional accrediting organization recognized by 
  3.21  the Council for Higher Education Accreditation (CHEA).  Specific 
  3.22  academic course content and training must meet standards 
  3.23  established by the CACREP, including course work in the 
  3.24  following subject areas: 
  3.25     (1) the helping relationship, including counseling theory 
  3.26  and practice; 
  3.27     (2) human growth and development; 
  3.28     (3) lifestyle and career development; 
  3.29     (4) group dynamics, processes, counseling, and consulting; 
  3.30     (5) assessment and appraisal; 
  3.31     (6) social and cultural foundations, including 
  3.32  multicultural issues; 
  3.33     (7) principles of etiology, treatment planning, and 
  3.34  prevention of mental and emotional disorders and dysfunctional 
  3.35  behavior; 
  3.36     (8) family counseling and therapy; 
  4.1      (9) research and evaluation; and 
  4.2      (10) professional counseling orientation and ethics. 
  4.3      (c) To be licensed as a professional counselor, a 
  4.4   psychological practitioner licensed under section 148.908 need 
  4.5   only show evidence of licensure under that section and is not 
  4.6   required to comply with paragraph (a) or (b). 
  4.7      Sec. 3.  Minnesota Statutes 2003 Supplement, section 
  4.8   148B.53, subdivision 3, is amended to read: 
  4.9      Subd. 3.  [FEE.] Each applicant shall pay a nonrefundable 
  4.10  fee set by the board as follows: 
  4.11     (1) initial license application fee for licensed 
  4.12  professional counseling (LPC) - $250; 
  4.13     (2) annual active license renewal fee for LPC - $200 or 
  4.14  equivalent; 
  4.15     (3) annual inactive license renewal fee for LPC - $100; 
  4.16     (4) license renewal late fee - $100 per month or portion 
  4.17  thereof; 
  4.18     (5) copy of board order or stipulation - $10; 
  4.19     (6) certificate of good standing or license verification - 
  4.20  $10; 
  4.21     (7) duplicate certificate fee - $10; 
  4.22     (8) computer lists - $10 per region up to a maximum of 
  4.23  $100; 
  4.24     (9) computer printed labels - $15 per region up to a 
  4.25  maximum of $150; 
  4.26     (10) professional firm renewal fee - $25; 
  4.27     (11) initial registration fee - $50; and 
  4.28     (12) annual registration renewal fee - $25. 
  4.29     Sec. 4.  Minnesota Statutes 2003 Supplement, section 
  4.30  148B.54, is amended to read: 
  4.31     148B.54 [LICENSE RENEWAL REQUIREMENTS.] 
  4.32     Subdivision 1.  [RENEWAL.] Licensees shall renew licenses 
  4.33  at the time and in the manner established by the rules of the 
  4.34  board. 
  4.35     Subd. 2.  [CONTINUING EDUCATION.] At the completion of the 
  4.36  first two years of licensure, a licensee must provide evidence 
  5.1   satisfactory to the board of completion of 12 additional 
  5.2   postgraduate semester credit hours or its equivalent in 
  5.3   counseling as determined by the board, except that no licensee 
  5.4   shall be required to show evidence of greater than 60 semester 
  5.5   hours or its equivalent.  Thereafter, at the time of renewal, 
  5.6   each licensee shall provide evidence satisfactory to the board 
  5.7   that the licensee has completed during each two-year period at 
  5.8   least the equivalent of 40 clock hours of professional 
  5.9   postdegree continuing education in programs approved by the 
  5.10  board and continues to be qualified to practice under sections 
  5.11  148B.50 to 148B.593.  
  5.12     Sec. 5.  Minnesota Statutes 2003 Supplement, section 
  5.13  148B.55, is amended to read: 
  5.14     148B.55 [LICENSES; TRANSITION PERIOD.] 
  5.15     For two years beginning July 1, 2003, the board shall issue 
  5.16  a license without examination to an applicant if the board 
  5.17  determines that the applicant otherwise satisfies the 
  5.18  requirements in section 148B.53, subdivision 1, if the applicant 
  5.19  is a licensed psychological practitioner, a licensed marriage 
  5.20  and family therapist, or a licensed alcohol and drug counselor, 
  5.21  or is in the process of being so licensed.  An applicant 
  5.22  licensed under this section must also agree to conduct all 
  5.23  professional activities as a licensed professional counselor in 
  5.24  accordance with standards for professional conduct established 
  5.25  by the board by rule.  This section expires July 1, 2005.  
  5.26     Sec. 6.  Minnesota Statutes 2003 Supplement, section 
  5.27  148B.59, is amended to read: 
  5.28     148B.59 [GROUNDS FOR DISCIPLINARY ACTION; FORMS OF 
  5.29  DISCIPLINARY ACTION; RESTORATION OF LICENSE.] 
  5.30     (a) The board may impose disciplinary action as described 
  5.31  in paragraph (b) against an applicant or licensee whom the 
  5.32  board, by a preponderance of the evidence, determines:  
  5.33     (1) has violated a statute, rule, or order that the board 
  5.34  issued or is empowered to enforce; 
  5.35     (2) has engaged in fraudulent, deceptive, or dishonest 
  5.36  conduct, whether or not the conduct relates to the practice of 
  6.1   licensed professional counseling, that adversely affects the 
  6.2   person's ability or fitness to practice professional counseling; 
  6.3      (3) has engaged in unprofessional conduct or any other 
  6.4   conduct which has the potential for causing harm to the public, 
  6.5   including any departure from or failure to conform to the 
  6.6   minimum standards of acceptable and prevailing practice without 
  6.7   actual injury having to be established; 
  6.8      (4) has been convicted of or has pled guilty or nolo 
  6.9   contendere to a felony or other crime, an element of which is 
  6.10  dishonesty or fraud, or has been shown to have engaged in acts 
  6.11  or practices tending to show that the applicant or licensee is 
  6.12  incompetent or has engaged in conduct reflecting adversely on 
  6.13  the applicant's or licensee's ability or fitness to engage in 
  6.14  the practice of professional counseling; 
  6.15     (5) has employed fraud or deception in obtaining or 
  6.16  renewing a license, or in passing an examination; 
  6.17     (6) has had any counseling license, certificate, 
  6.18  registration, privilege to take an examination, or other similar 
  6.19  authority denied, revoked, suspended, canceled, limited, or not 
  6.20  renewed for cause in any jurisdiction; 
  6.21     (7) has failed to meet any requirement for the issuance or 
  6.22  renewal of the person's license.  The burden of proof is on the 
  6.23  applicant or licensee to demonstrate the qualifications or 
  6.24  satisfy the requirements for a license under the licensed 
  6.25  professional counseling act; 
  6.26     (8) has failed to cooperate with an investigation of the 
  6.27  board; 
  6.28     (9) has demonstrated an inability to practice professional 
  6.29  counseling with reasonable skill and safety to clients due to 
  6.30  any mental or physical illness or condition; or 
  6.31     (10) has engaged in fee splitting.  This clause does not 
  6.32  apply to the distribution of revenues from a partnership, group 
  6.33  practice, nonprofit corporation, or professional corporation to 
  6.34  its partners, shareholders, members, or employees if the 
  6.35  revenues consist only of fees for services performed by the 
  6.36  licensee or under a licensee's administrative authority.  Fee 
  7.1   splitting includes, but is not limited to: 
  7.2      (i) dividing fees with another person or a professional 
  7.3   corporation, unless the division is in proportion to the 
  7.4   services provided and the responsibility assumed by each 
  7.5   professional; and 
  7.6      (ii) referring a client to any health care provider as 
  7.7   defined in section 144.335 in which the referring licensee has a 
  7.8   significant financial interest, unless the licensee has 
  7.9   disclosed in advance to the client the licensee's own financial 
  7.10  interest; or 
  7.11     (11) has engaged in conduct with a patient that is sexual 
  7.12  or may reasonably be interpreted by the patient as sexual, or in 
  7.13  any verbal behavior that is seductive or sexually demeaning to a 
  7.14  patient. 
  7.15     (b) If grounds for disciplinary action exist under 
  7.16  paragraph (a), the board may take one or more of the following 
  7.17  actions: 
  7.18     (1) refuse to grant or renew a license; 
  7.19     (2) revoke a license; 
  7.20     (3) suspend a license; 
  7.21     (4) impose limitations or conditions on a licensee's 
  7.22  practice of professional counseling, including, but not limited 
  7.23  to, limiting the scope of practice to designated competencies, 
  7.24  imposing retraining or rehabilitation requirements, requiring 
  7.25  the licensee to practice under supervision, or conditioning 
  7.26  continued practice on the demonstration of knowledge or skill by 
  7.27  appropriate examination or other review of skill and competence; 
  7.28     (5) censure or reprimand the licensee; 
  7.29     (6) refuse to permit an applicant to take the licensure 
  7.30  examination or refuse to release an applicant's examination 
  7.31  grade if the board finds that it is in the public interest; or 
  7.32     (7) impose a civil penalty not exceeding $10,000 for each 
  7.33  separate violation, the amount of the civil penalty to be fixed 
  7.34  so as to deprive the physical therapist applicant or licensee of 
  7.35  any economic advantage gained by reason of the violation 
  7.36  charged, to discourage similar violations or to reimburse the 
  8.1   board for the cost of the investigation and proceeding, 
  8.2   including, but not limited to, fees paid for services provided 
  8.3   by the Office of Administrative Hearings, legal and 
  8.4   investigative services provided by the Office of the Attorney 
  8.5   General, court reporters, witnesses, reproduction of records, 
  8.6   board members' per diem compensation, board staff time, and 
  8.7   travel costs and expenses incurred by board staff and board 
  8.8   members.  
  8.9      (c) In lieu of or in addition to paragraph (b), the board 
  8.10  may require, as a condition of continued licensure, termination 
  8.11  of suspension, reinstatement of license, examination, or release 
  8.12  of examination grades, that the applicant or licensee: 
  8.13     (1) submit to a quality review, as specified by the board, 
  8.14  of the applicant's or licensee's ability, skills, or quality of 
  8.15  work; and 
  8.16     (2) complete to the satisfaction of the board educational 
  8.17  courses specified by the board. 
  8.18  The board may also refer a licensee, if appropriate, to the 
  8.19  health professionals services program described in sections 
  8.20  214.31 to 214.37. 
  8.21     (d) Service of the order is effective if the order is 
  8.22  served on the applicant, licensee, or counsel of record 
  8.23  personally or by mail to the most recent address provided to the 
  8.24  board for the licensee, applicant, or counsel of record.  The 
  8.25  order shall state the reasons for the entry of the order. 
  8.26     Sec. 7.  [148B.5915] [PROFESSIONAL COOPERATION; APPLICANT 
  8.27  OR LICENSEE.] 
  8.28     An applicant or a licensee who is the subject of an 
  8.29  investigation or who is questioned in connection with an 
  8.30  investigation by or on behalf of the board shall cooperate fully 
  8.31  with the investigation.  Cooperation includes responding fully 
  8.32  and promptly to any question raised by or on behalf of the board 
  8.33  relating to the subject of the investigation, executing all 
  8.34  releases requested by the board, providing copies of client and 
  8.35  other records in the applicant's or licensee's possession 
  8.36  relating to the matter under investigation and executing 
  9.1   releases for records, as reasonably requested by the board, and 
  9.2   appearing at conferences or hearings scheduled by the board.  
  9.3   The board shall pay for copies requested.  The board shall be 
  9.4   allowed access to any records of a client provided services by 
  9.5   the applicant or licensee under review.  If the client has not 
  9.6   signed a consent permitting access to the client's records, the 
  9.7   applicant or licensee shall delete any data in the record that 
  9.8   identifies the client before providing them to the board.  The 
  9.9   board shall maintain any records obtained under this section as 
  9.10  investigative data pursuant to chapter 13. 
  9.11     Sec. 8.  [148B.5916] [IMMUNITY.] 
  9.12     Subdivision 1.  [REPORTING.] A person, health care 
  9.13  facility, business, or organization is immune from civil 
  9.14  liability or criminal prosecution for reporting to the board 
  9.15  violations or alleged violations of sections 148B.50 to 148B.593.
  9.16  All such reports are classified under section 13.41. 
  9.17     Subd. 2.  [INVESTIGATION.] Members of the board, persons 
  9.18  employed by the board, and consultants retained by the board for 
  9.19  the purpose of investigation of violations or the preparation 
  9.20  and management of charges of violations of this chapter on 
  9.21  behalf of the board are immune from civil liability and criminal 
  9.22  prosecution for any actions, transactions, or publications in 
  9.23  the execution of, or relating to, their duties under sections 
  9.24  148B.50 to 148B.593. 
  9.25     Sec. 9.  [TRANSITION PLAN.] 
  9.26     The commissioner of health, in consultation with the 
  9.27  executive director of the Board of Behavioral Health and 
  9.28  Therapy, the commissioner of human services, and others must 
  9.29  develop a transition plan to transfer the authority for 
  9.30  licensing alcohol and drug counselors and unlicensed mental 
  9.31  health practitioners from the commissioner of health to the 
  9.32  Board of Behavioral Health and Therapy.  The transition plan 
  9.33  must include any necessary legislative language to transfer 
  9.34  authority and corresponding funding to the board, identify 
  9.35  critical licensing activities, and specify a schedule for 
  9.36  transferring all duties and activities. 
 10.1      Sec. 10.  [EFFECTIVE DATE.] 
 10.2      Sections 1 to 9 are effective the day following final 
 10.3   enactment.