HF 4289

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/18/2024 03:55pm

A bill for an act
relating to behavioral health; temporarily allowing licensed graduate social workers
to engage in clinical practice without supervision if providing crisis response
services and to provide treatment supervision to individuals on crisis teams;
amending Minnesota Statutes 2022, sections 148E.050, subdivision 3; 245I.04,
subdivision 7; 256B.0624, subdivision 9.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2022, section 148E.050, subdivision 3, is amended to read:

Subd. 3.

Licensed graduate social worker.

new text begin (a) new text end A licensed graduate social worker may
engage in social work practice except that a licensed graduate social worker must not engage
in clinical practice except under the supervision of a licensed independent clinical social
worker or an alternate supervisor according to section 148E.120.

new text begin (b) Notwithstanding paragraph (a), a licensed graduate social worker may engage in
clinical practice without supervision if the licensed graduate social worker is providing or
supervising crisis response services under section 256B.0624. This paragraph expires August
1, 2026.
new text end

Sec. 2.

Minnesota Statutes 2022, section 245I.04, subdivision 7, is amended to read:

Subd. 7.

Clinical trainee scope of practice.

(a) A clinical trainee under the treatment
supervision of a mental health professional may provide a client with psychotherapy, client
education, rehabilitative mental health services, diagnostic assessments, functional
assessments, level of care assessments, and treatment plans.

(b) A clinical trainee must not provide treatment supervision to other staff persons. A
clinical trainee may provide direction to mental health behavioral aides and mental health
rehabilitation workers.

(c) A psychological clinical trainee under the treatment supervision of a psychologist
may perform psychological testing of clients.

(d) A clinical trainee must not provide services to clients that violate any practice act of
a health-related licensing board, including failure to obtain licensure if licensure is required.

new text begin (e) A clinical trainee who is a licensed graduate social worker under section 148E.050,
subdivision 3, may engage in clinical practice without treatment supervision if the licensed
graduate social worker is providing crisis response services under section 256B.0624, or
providing treatment supervision to a crisis team under section 256B.0624. This paragraph
expires August 1, 2026.
new text end

Sec. 3.

Minnesota Statutes 2022, section 256B.0624, subdivision 9, is amended to read:

Subd. 9.

Supervision.

new text begin (a) new text end Clinical trainees and mental health practitioners may provide
crisis assessment and crisis intervention services if the following treatment supervision
requirements are met:

(1) the mental health provider entity must accept full responsibility for the services
provided;

(2) the mental health professional of the provider entity must be immediately available
by phone or in person for treatment supervision;

(3) the mental health professional is consulted, in person or by phone, during the first
three hours when a clinical trainee or mental health practitioner provides crisis assessment
or crisis intervention services; and

(4) the mental health professional must:

(i) review and approve, as defined in section 245I.02, subdivision 2, of the tentative
crisis assessment and crisis treatment plan within 24 hours of first providing services to the
recipient, notwithstanding section 245I.08, subdivision 3; and

(ii) document the consultation required in clause (3).

new text begin (b) A clinical trainee who is a licensed graduate social worker under section 148E.050,
subdivision 3, is exempt from the supervision requirements under paragraph (a). A clinical
trainee who is a licensed graduate social worker may act as a mental health professional for
purposes of providing treatment supervision to clinical trainees and mental health
practitioners providing crisis assessment or crisis intervention services under this section.
This paragraph expires August 1, 2026.
new text end